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HomeMy WebLinkAboutApplication and Supporting DocumentsCity of TN `N 1fyAF�#,`,I�n PlumgDepartment&OfficeofZoning 'y¢t, hitn://www.nliamigov.com6plarmine * http:www.tig QoV. ConVzD a IMC IP�P Ig�ltl El �if_� http://www.tigaw!,-o—v Frnui ephW7_Cl)[lllalYllfCTOV.C011l // 0 R ►.. ~'` Planning (305) 416-1400 Zoning: (305) 416-1495 Fast Name: Ki berly Last Name: Entail: kirnrasnakeCdg nlaw.cotn PRIMARY Fast Name: Last Name: Corporation: Hwood Group / Deliliah Address: 801 Bnckell Bay Drive City: Miami State: Florida Tip: Email: ki nrasnake@,gailaw.com Phone: (305) 789-2766 Fist Name: Last Name: Corporation Reference Only Address: 905 Bnckell Bay Drive City: Miami State: Email: kiarasnake@gailaw.com Phone: Florida Zip: (305) 789-2766 Project Name: DeL7iah Project Address: 801 BRICKELL BAY DR City: Miami State Master Folio Number: 0142070010001 t�Y f1i'.9jj.T \1 lxception NOTICE Application This submittal neeas m Ix scheaulee mr a pubic hearing In eccoraanre wah timellnea set forth in the City M Miami Cotle.Th applicede tlecis-making bWy will reWewiheinmrmation at the pubkc hearing to rentlere rec menaaaen nrafinal aeuWen. PZ-21-10925 04/04/23 Rasnake-Briguez 33131 33131 Unit Number: Florida Tip: 33131 That under the penalty of perjury, I declare that all the in bmration contained in this permit application is accurate to the best of my knowl11a, • That NO work or installation will commence prior to the issuance of a building permit and that all work will be pertor red to rreet regulating construction and ammg m this jurisdiction. • I will, in all respects, perform work in accordance with the scope of the permit, the City of Mianu's codes and all other applicable ordinances. • That all information given Aill be accizatc and that all work will be done in compliance with all applicable laws regulating construction • Tbat separate pemrits may be required unless specifically covered with the submittal of this application. • That there nray be additional pernits required fi om other entities. • Fees shill be paid prior to the review and issuance of the perrrit, as necessary. • Pern it fees are non-refundable `t1yiiR� \ NOTICE Thic submittaln d, b be acheaolee b, a public hearing In accortlanre wM1h tlrnell11 set forth in the City & MiamiCWe. The appliwh' dsls n--k,,g bwywill rewewthe information at the public hearing to rentler a recommenaation or � nnal season. PZ-21-10925 �\ 04/04/23 APPLICANT A OWNER / OWNER REPRESENTATIVE First Last First Last Name: Louis Nance: Terminello Name: Louis Name: Terminello Signature: (/, " Signature Date: 6/30/21 Date: 6/30/21 GreenspoonMarder May 5, 2022 Submitted via City of Miami ePlan Ms. Lakisha Hall, Director City of Miami, Planning Department 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: DELILAHMIAMI, LLC LOUTS Chair -- He Lein Managing Partner, Brickell Wo M Email: LJ 801 Briekell Bay Drive #4CL41 Miami, FL 33131 Letter of Intent for Alcohol Service Establishment with Outdoor Seating Exception/Warrant. Dear Mr. Goldberg, NOTICE rnis s�bmRtal needsm s�bed�ieemta th,Ceeahng Tcde.nce Nidp ti abie d set forth in the City of Miami Cotle. the applicade tic, bk-makingbodyll — teWewthe imm�naeon at the pu bdc Mearing to render a �nmm®ndaenn nraenai eee.ison. PZ-21-10925 �\ 04/04/23 The undersigned represents DELILAH MIAMI, LLC, ("Applicant") in the development of the venue located at the above referenced address. Please consider this correspondence the Applicant's letter of intent in compliance with Article 6, Table 13 for the Alcohol Service Establishment within the UCBD/T6-48A-0 zoning district. The new Alcohol Service Establishment with Outdoor Seating will consume a total indoor space of 6,093 Sq.Ft. and outdoor space of 1,909 Sq.Ft. for a total of 8,002 Sq.Ft. There will be a total of 69 tables and 245 seats within the venue and 24 tables and 124 seats outdoors. The Alcohol Service Establishment will comprise of a dining area, seating within the venue and outdoors, bars, kitchen, restrooms and office space. The Alcohol Service Establishment will utilize a 4COP Quota alcoholic beverage license from the State of Florida for the service of beer, wine and distilled spirts as approved by the City of Miami Zoning Department as stated in the enclosed Reservation letter. The Alcohol Service Establishment will be a place for patrons to enjoy an evening or night out for dinner with their delicious assorted items included on the menu enclosed. 1. An operational/business plan that addresses hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application. Hours of Operation: Opening Wednesday — Sunday from 12:00pm to 5:00am. Employees: Approximately 40 Main Offices: Boca Raton Denver Edison Ft. Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach Satellite Offices: Albuquerque Atlanta Chicago Hunt Valley Miami Beach Nashville Washington, D.C. GreenspoonMarder LOUTS Chair -- He Leis Managing Partner, Brickell Wo M Email: LJ ' 411p, _f tL NOTICE rnN needs m � mt a pabk h—i,g ccordance Nib timelines set fodh in the City of Miami Code.theapGticabiedcii n-makingbodywil teWewiheinfa do at the pubkhearingto renders �nmm®ndaenn araflnal ee�.idnn. PZ-21-10925 04/04/23 Goals of business: The Alcohol Service Establishment will be a place for patrons to enjoy during the day for lunch or an evening or night out for dinner with their delicious assorted items included on the menu enclosed. 2. A parking plan, which fully describes where and how the parking is to be provided and utilized, e.g., valet, self -park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed. The city commission or the PZAB, as applicable, may grant approval for 100 percent of the required parking to be located offsite within a distance of 600 feet from the subject alcohol service establishment if the proposed parking is to be "self -park" and a distance of 1,000 feet from the subject alcohol service establishment if the proposed parking is to be by 'valet." Parking is available for patrons within the garage of the building and valet services will also be provided. 3. For alcohol service establishments proposing capacities over 300 persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the alcohol service establishment and already on the premises will be controlled. The venue will utilize a method of crowd control beginning at the outside of the front door of the establishment. This will entail having a unified and single patron line/que if necessary prior to entrance into the facility in order to ensure that, the permitted Occupancy level is not exceeded. The venue will also have a staff of front door managers at the front entrance that will ensure the safety of patron ingress and egress from the venue at all times, and will ensure that all patrons safely exit the venue upon closing. 4. A security plan for the Alcohol Service Establishment and any parking facility. The venue will have security guards at all entry and exits for the venue and will also have security to monitor the floor. 5. For alcohol service establishments proposing capacities over 300 persons, a traffic study and traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. Traffic circulation analysis provided. Main Offices: Boca Raton Denver Edison Ft. Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach Satellite Offices: Albuquerque Atlanta Chicago Hunt Valley Miami Beach Nashville Washington, D.C. GreenspoonMarder LOUTS Chair -- He Le i Managing Partner, Brickell Wor M Email: LJ ' 411p, _f tL NOTICE rnN needs m � mt a pabk h—i,g ccordance Nib timelines set fodh in the City of Miami Code.theapGticabiedcii n-makingbodywil teWewiheinfa do at the pubkhearingto renders �nmm®ndaenn araflnal ee�.idnn. PZ-21-10925 04/04/23 6. A sanitation plan, which addresses on -site facilities as well as off -premises issues resulting from the operation of the alcohol service establishment. The venue will utilize Waste Management services for garbage disposal. 7. Proximity of the proposed alcohol service establishment to districtsresidential. Please see Liquor Survey provided. 8. If the proposed alcohol service establishment is within 200 feet of any residential use, a noise attenuation plan that addresses how noise will be controlled shall be required, especially in the case of indoor/outdoor uses. The owner will adhere to any and all methods commonly used to prevent the emission of sound, vibrations and noise at the venue. The owners will adhere to the city noise ordinance. The venue will not have any outdoor amplified music and will not have any outdoor speakers or music after 11:00p.m. Thank you for your kind consideration in this matter. Of course, should you have any questions in this regard, please do not hesitate to contact me. LJT/krb Very Truly Yours, Greenspoon Marder LLP Louis J. Terminello, Esq. For the Firm Main Offices: Boca Raton Denver Edison Ft. Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach Satellite Offices: Albuquerque Atlanta Chicago Hunt Valley Miami Beach Nashville Washington, D.C. fffij N NL04/04/23 �<��..� i�oe of T TOBt NOTICE b to s.haLled fora pobUe hearing KhVmeiineesetforthintheLityor .yy op aW1.U. dacismn-rnahmg body edd �G� t bon en the p._ heming to rendera�entla9 on ora final declGon.-21-10925 4/04/23 i/ 8g 1'ej'w„,m 9 ox� • July 28, 2022 Louis J. Terminello, Esq. Brickell World Plaza, 36th Floor 600 Brickell Avenue Miami, FL 33131 Re: Extension of Alcohol Reservation Letter for an Alcohol Service Establishment located at 801 Brickell Bay Drive f/k/a 301 Brickell Key Drive within a Mixed -Use Building with 400 dwelling units. Dear Mr. Terminello: The Office of Zoning has received your request for an extension of an Alcohol Reservation Letter ("Reservation") dated May 4, 2022, for the property located at 301 Brickell Key Drive, Miami, FL 33131 for a 4COP Quota License. Evidence of reasonable progress in acquiring a certificate of use for an alcohol service establishment at the proposed location has been presented. As such, the Reservation shall be extended for one (1) year beginning May 26, 2022, through May 26, 2023 pursuant to Chapter 4, Section 4-7 of the Code of the City of Miami, Florida, as amended ("Code"). Prior to the expiration of the extension you must either acquire the aforementioned certificate of use or seek an additional extension. Please note, pursuant to Chapters 4, Section 44(d) of the Code of the City of Miami, Florida; Alcohol Service Establishments are allowed by Right in T6 Transect Zones. However, establishments occupying more than 5,000 square feet of Floors Area shall require an Exception with approval by the City Commission, pursuant to Article 6, Table 13 of the Miami 21 Code. You may also have to comply with any other requirements found in the Zoning Ordinance and or Chapter four of the City of Miami Code of Ordinances. OFFICE OF ZONING 444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 If you have any questions, please email Mr. Rafael rafaelrodri uez(&miamigov.com. Sincerely, GoldbergDigitally signed by Goldberg, i Daniel Daniel Date: 2022.07.28 14:44:09 -04'00' Daniel S. Goldberg, Esq. Director//Zoning Administrator Cc: Zoning Pending Applications File PZ-22-14584 OFFICE OF ZONING 444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 NOTICE This submittal need. be s.h.ebled for a o.blie hearing in cmrdanue with Vmei nee set fonh in the Clty or M—, Code. The a{yliwde tleeision- ei,i body Wil reMHvrho I nto eir al the p-e heming to render —rnentla9 on or Mal decis on. PZ-21-10925 04/04/23 DELILAH ALCOHOL SERVICE ESTABLISHMENT 801 BRICKELL BAY DRIVE 4CL41 MIAMI , FL 33131 INTERIOR BUILT OUT SET REVISION #4 2022-07-01 UNIT 4CL41 FOLIO # 01-4207-001-5100 STRUCTURAL ENGINEERING ARCHITECT OWNER MEP ENGINEER INTERIOR DESIGN (not part of permit set) YH CONSULTING ENGINEERING KOBI KARP ARCHITECTURE & H.WOOD GROUP DONOLLI ASSOCIATES ENGINEERING, PLLC BUILT HOSPITALITY DESIGN 12151 SW 128 Court, Suite 104 Miami, Florida 33186 INTERIOR DESIGN 215 ARI WAY 9105 SUNSET BLVD. (305) 969-YHCE 571 NW 28TH STREET TEL: 310-990-7712 MIAM BEACH, FL 33142 WEST HOLLYWOOD, CA (305)969-9453 Fax (786)287-9120 Mobile MIAM I, FL 33127 OFF: 305-607-4925 Tel: 323-857-0409 TEL: 305.573.1818 �J )ELILAH (ALCOHOL 'ERVICE ESTABLISHMENT) 1170 eaicrceu anv naive a nc�n, nAMi, F�33,3, 1c'7't 1. 1'1Ez V�QV�r.�a f d by +<ar t b2q, .28 COVER AOOO ABBREVIATIONS PLUMBING MINIMUM FACILITIES) RESTAURANT SEAT COUNT LEGAL DESCRIPTION ­111 1­1 II.T -IT .1111-T L-I .1111 TIE 1.1- I I IVETI I.Tl. III IVETI IL .1. IEET -IT IT ANGH _R o ND APPLICABLE CODES/OCCUPANCY 8HA GENERAL NOTES ZONING INFORMATION OIRErviEIT50F I TIE -I- 1.ITI.IT.1 IIIELL .111IT ILL 1.1 1.11 1.ITI.IT 11I=�lllLTL.TElIlIIIl 111L."T 11-IT1111 11ITIIIIIIIEL ID D . 1. 1 T1111 I TIT T" I T T El- IIELL I11'11 1111 ILEEI EITD�' D ­ 111 IIIIT 11 ILE- I TIE 1.ITI.IT.1 IIIELL 1111IT I-IT1.11111 IIII-IlL ll.. TIT I =1 .111.1.T 11111. I'D �l V=l 1. � IT, El.L.LlL7l= = I I I 1 .111 IlTll 1.ITI.IT.1 IT-IT.111T.- 11­1 I Il. L I 111111. 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TIA EIE V N LET.E TI T, El I T.E.INR DIEl IEN�l DINEEN IT RD N " ITT Y TE rj-�LOGATION MAP NOTICE lzlll LPZ-21-11921_,�4� ALCOHOL SERVICE DELILAH ESTABLISHMENT 2170 - BRICKELL BAY DRIVE I 4CL41 �rLL . .... K A R P PROJECT DATA NOTICE LPZ-21-11921_,�4 LCOHOL SERVICE DELILAH ESTABLISHMENT 2170 K 0 B I Nil K, K A R P PENERAL NOTES -ki .01 O ,;emu u e I ® — � f LIFE SAFETY PLAN - LEVEL Inc. I IC — , —o AA. u 0 0 0 0 0 0 0 0 0 0 0 0 � o 0 0 0 0 ALCOHOL SERVICE DELILAH JESTABLISHMENT 2170 12 11,1 11 10 9 8 7 6 5 4 3 2 1 t-k 74 k MOM \J 64 xNEEll MMMMMM\\� \X� \MM\NMM\\- \,\\\\\\ LIFE SAFETY PLAN SYMBOL KEY 7N� ",1" — _�� LOWER FLOOR PLAN -LEVEL 1 U va s,Flu, x, �s,A�aw�o.xP��o�ox�x� FLOOR PLAN LEGEND AND NOTES w_ xc�e,rn�usEa+En A��oaEooEOFsaemawaraxwnus x�ar. F�x�xEo�oaaea.�oxswx� mMa�.xAx�au"P>xs x".a".xE."s.,=.EE.."aM>x.Pax.wxE"E.xEwMMaxP>.x N b ortsP.o� � a"E�000a-"�"mMw. ri�w..Eo a"E000", Mx."E�.Eo oEs"o.o's`a:o`wA°sPEawA« o.xE"wsExo.Eo o3,ME. 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TE' ENS E TT 'T E. Al TE- P:­ IU ­1 Erv) M 1 11- 1 �E `E TE �T 77­ 'T E_ S C T E E T E (6 3 2 CD (D CD 51 N.. W. w.w R7 TYPICALTURN ABUTTING ABUTTING INTERSECTION INTERSECTION o R WALL FUR OUT AND ACOUSTICAL GLAZING DETAIL AT THE EXISTING EXTERIOR GLAZING WALLS CDRETAIL RUNNER GYPSUM WALL BOARD IFIMULTIPLEILAYERSOFGWBARE REQUIRED ON ONLY SIDE OF THE INTERSECTION, OFFSET STUDS TO PROVIDE FLUSH F N SH O FASTEN STUDS TOGETHER THROUGH ABUTTING SURFACE. SCREW STUD FLANGES TO FLOOR AND CEILING TRACK O STU D REQUIRED AT THIS LOCATION REGARDLESS OF SPACING O CORNER READ SEE SHEETA6.01 FOR SPECIFIC ACOUSTICAL DETAILS/SPECS GENERAL NOTES T s I LA��LYIGY�SlUlMs�T�A�F�ANI�AL.�LAL�LALI�ILLTI�AM�TNALUs 'UM.�M� TIDN A Lll UM ­T �TALSLD ­H Tl� `T=NI`A` ND TA �LTLMAT%ALS,*TH N�TUHG�H�,�,ST�,DD�A�SU�l�ITT�l�MIL�ANII F� EXISTING WALL TO REMAIN ALL11111SAND N­­NST.l­NT­­­TH ALL,A,ND -UND INSUAIING MI-ALS All 1­1 —H A��_II = 'T F-11—ITI— �L"T"�?x�sTD9��DFF�SN�,TSNTALL�SDNUMD��DIIT�T��NSIA M,N MUM F , , , _ —UD M—UM,I�X­ �l".FANLGLAI�.TIISIAINTAI�UND� � 111—UNDIUNINISFIll lD FINISHES BY ID FINISH O A �A TH Ly III ALLS-1 11TITI—S SILL 1­1 —H III 3 T ` T � T `sT * L H N* HTH-GH F TNG L ­NT N _USTH _UGH IT NG AND IND 'U" SCHEDULE ALL 11NIT-1— SHALL 1­1 —H III 1 1 11 IUGI MTL TO D I .1D IN ­LS —KING NEEDED 11TITI—S 4 ALL VD —AL D­ NG�­DNFD­ T� T GHT � TH =_wLIA ItITT-1111 Fl. ­1 SlA­ I ALL 11TITI—S T� �l III I- UNLI. N—D —1-Sl GENERAL PARTITION CONNECTIONS 1— GYPSUM WALLBOARD, STEEL C-H STUDS ­0 LE 111111 GYPSUM WALLBOARD, STEEL STU DS LE 111111 GYPSUM ­­ 1 ­11 1� 1. WALLBOARD, STEEL STUDS AT14 �N _11 NAll-DAN_ TH I s s H � GHT DF T=AT� NN%,�,­MDMANN�D�AT TH AN � MAT T WALLTYPE NOTES N A G N ` `y`I` I ' X24=TTH `yl­ X Y`ISIUI� = 'Y�V�'D `l­`HI T2,1,ffSFTLZT AND 11 L NG , 'UN HS IT �N NT D I S ­­N IANILS U T. IYSa'TY%D­LNSTUDS,�­TT�D V11TIl—INTSAND1. 'ADHISIVI ­DS1 "D�T� S D ` `­`­ � � AL —A . A_ , D IA.LLL T—TU.—H YJM DA DfDA­EA,AL­ Ls.,AT INT1.1-1 STUDS X s MT 'ALLL,� D-D AN�D� , D L T D � UD I lll� III s D=ALLsll­ssl I AT D.,SDEF6ST= VllTIlL I ­TS AND ­D A, D��DETHTYsD—A=, DIA L DS4, DYIsUM L11 .1 ADHISIVI ­DS I I—IMID111 STUDS X GAYT�VUT*ALLL,��D­S AN�D , D L T ST UDS TU.—H I III TYll DI —A I I D 'A. 'L S T U�D��A AND Gy's UM s s "—NHTI—ISIDMI A­—AA—D1� M.N. D­ ­GAND=AT I DN UD"STU=LNF_M_NT,F_TDTH F I N ­LL AND — ­11 1-11ALID S111S ­11 ­D ­lKING - —KING IS ­I.D THISI SHALL �l Fl. T1111 D ­LS Sll I N111 1ALIU-1—S, ­­TA`­`V IISSUDM _ LLI %_� G SUl`lV=T= =�L��'D GY *A DA IA.LLIL T—TU. —H I III Ty A S S, 1�`� F-M —1 —1—INTS -UND TISTID —H I- MINIA.L F-1 INSUI—N IN —11 T =TKNNG H I I GHT 311�11 T� MANUFA'TU" All— - GHT I ISF FIll TIST U 13SI� �2UN4%1­ U� � FILLD -UND T — 1­6 1 16 11 SHAFT WALLS V11TIl—INTSAND1. - ADHISIVI ­DS ­NTS—GGlllD14' IAIH ­11AND FIT IN STUD S111 ADnEsvE. =T`NNG`LGHT 4 I"F'l IT-11—N All— ­G1 �MS_6 F TST 6 -UND TIST ­L1111 1 1111 WALLS AND INTERIOR PARTITIONS, I INT1.1-1 STUDS SIDI -UND TISTID ­Hl 11- G­ ­11 ANDALL ­llSSlll­AlHl­TH­ UND —AT NG 3FIT IN —A UND­D­FST­TU­N AL_D_M _H_ 'UNDM S N` DM AND ` Y ` IV 6 NONCOMBUSTIBLE VllTIlL I �INTS AND ­­GG111D =­,xFL�81)­N LL =T`NNGSH`I A�.�TDXST­IGHT F -UND TIST WALLS AND — ADHISIVI ­DS I I—IMID111 STUDS 14- lAlH ­11AND SIDI -UNDTISTI—THI 11- G­ ­11 FIT IN STUD S111 ANDAI ­llSSlll­AlHl­TH­ UN 3F ITLNKTA Z F AT NG �T UND=,A%STT�­­ IN D_ es fm '11'11T-11—N I �MS_ 66 " _ LTLII 11 INTERIOR PARTITIONS, NONCOMBUSTIBLE I I-VID1 --AL —1— ­11NG - ALL 11TITI—S HIGH11THAN 11 1- 10 1-1- INTI-1 FINISH IINS AND SIHIDULIS — FINISHIS T� e1:11LI DANDTH11--l— ­VMDS AN " 'TSTUN'SST TGy`SU`I`D`A­A`T­Ns AT DI NSIAII�FHGHHUMDTYLIVILS(�ATHI�Ms�N AN KII _lD_ ALL IAITIT — A, G' K T-N I`- " 'N" D� =T�H`I `AND- SH=l�TAID�l�ST�N=Dl=l��F�N�GVM�M��N, I ALLWALLSA - S T TU - N ` AT S ­LL U I T � 4� SMH �, A'XVAlNSDH`�A­Hl AS r N 'H IDDMFLM I N I T I F '12AGT�TN`=I�T�H 'T` DVLD AT A�� F = A l=SITS�T" , N`G A� V, NT ��D, �Ny ­11 1-1ALID S111S THI Fl. —ING DINTIFIll— F NOTICE IDZ-21-11921_,� D.D.S LCOHOL SERVICE DELILAH ESTABLISHMENT 2170 K A R P NVALL TYPES 6.00 ACOUSTIC WALL TYPE " G4 " xx. a Mr, PIPE AND DUCT PENETRATIONS THROUGH SA WALL TYPE G4 � m DUCT, PIPE, CONDUIT AND THREADED ROD PENETRATIONS THROUGH SA CEILING TYPE AND G2-ICC (2 LAVERS OF GYP) I o i y O I ol I I ACOUSTIC WALL TYPE " G4 " SA WALL: G4 SIEBEIN FORUSE ATPDRROOMSAND PDR a COUSTIC RESTROOM WALLS -SEE FLOOR PLAN REFERENCE ACOUSTIC CEILING " G2—ICC " SA CEILING TYPE G2-ICC-Finish Ceiling yre�l�a:�w �� �tlaxw� axw� maw Iw e *Yv m�uracunym v SIEBETIN w erew :me SEESHEETAS. 14 FOR DETAI IFAT STEEL JOISTS 'COUSIC Le� : mACOUSTIC WALL TYPE " C8-31 " SA WALL: C8-G1 —t�,m%•%pxme�, a K'tlwxrer°ewti°� SI . u SEE FLOOR PLAN REFERENCE Wallmat Stud Wall Isolation Strip Application rit�rmbn snr pM oRem ergneta a yu Ick ad wy du W n memyrmuporq aeww zbaaemumxwn rmdy xn i°aur asic (am°me mxl c��' illn�g neivl Imp to Pdnbarimewwsmn. nprmyr.am rmeN rvro r�llull r� pam a,cu5s u�p en�a esenn pens m the nux'tl wYl �re me�N�w^ mn Np °uN Features .�e<r�,.l.,l; o°,iluli "e w°Il.xnw.11mr �siawnk KINETICS Nolsa PolArol NOTICE �mPZ 21 10925 .. oaoas3 DELILAH (RESTAURANT) L MOUMED IANDRA�Aa. oR NE ��oEA Ll n STAI #1 LAN LOWER LEVEL A, IE F.1iIF -111 AL --- Hos n STAI #1 LAN UPPER LEVEL 6 s-e,/1 „I NF"12 "%,; _� A n STAI #1 SECTION U —ro, vz - , -o DELILAH (RESTAURANT) EAST DINING CEILING COVE n ACOUSTIC CEILING @ STEEL JOIST 31 n BARREL CEILING DETAIL n LOWER LEVEL COVE CEILING 111E ,i U - , PEaFltiw�s�Eo�EE n TYP ACCESS PANEL U 91E. 1 '/1--,-.- O COVE D I obp WEbINING D sr� EOEo Un COVE DETAIL @ DINING o CP�,Eo�oCE���noCo�Eo�A��s DELILAH (RESTAURANT) 2170 DRIVE a4CL41 a a CEILING DETAILS A6.14 0 (D —11. » A - w CNOTICE=" ICI, `1 g�ffiµose. Eo"""a ®�swnucwrwwmvm .,,�.MrvvroMnrreaavmsss d 0 0 o Q 0 ELECTRICAL and ACCESSORY MOUNTING HEIGHTS ALCOHOL SERVICE DELILAH ESTABLISHMENT 2170 K A R P ZDA NOTES & DETAILS 6.10 MAIN BATHROOMS --------------- I POR, RE�RooM 0 r n PRIVATE BATHROOM #2 � 1 PRIVATE BATHROOM #1 1 RAMP PLAN 2 RAMP SECTION ,Vs oE�oa� , ' �i°I 0'4 n STAIR PLAN �i ll L1 ate$ U -- ------------- — -- ----------- — — ----- 5-o a i i ------------------------------------- --- --------- ---- —-------- — — ----- - - -- —--------- — — ----- oE E w �E �s�N� �a� — ---- --- -------------------------- STAIR PLAN LCOHOL SERVICE DELILAH ESTABLISHMENT 2170 — ' DRIVE I4CL4 n STAIR SECTION U sroe. viz-- ,—a m P.� 0 0 flAMPS AND STEPS 9 STAIR SECTIO A6.11 DXYMI Concealed Q.C.T. CEILING DETAILS N.T.S. T. mo:oiu USG CEILINGS' KITCHEN LAY -IN PANEL ci nAPws PRI-111cs usl y B. SHEETROCK CEILING DETAILS N.T.S. 0, 0 0 OCK CEILING SPECS. KITCHEN CEILINGS TO RECIEVE KITCHEN CLIMA PLUS PROVIDES A PRODUCT FOR KITCHEN USE Fire Rated Buff Joint and Cross Tee Spacing USG'DDywall ri Suspension System - Flat Ceilings ..... SY P.BD. CEILING DETAILS N.T.E. USG'TnYaa - SuepeAsionSyem-FIAT C6Hi - _ USG' D'Y-11 Suspension System -Wall -to -Wall m- USG' Drywall S.prd.. Spi--WAR I Wall CEILINGS ALL FLOORACEILING 2 HOUR SEPARATION ­NGS ARE FROM THE CONCRETE SLAB CEILING DETAILS CEILING DETAILS - CEILING DETAILS CEILING DETAILS - N.TS. oo C �9� 4 G • DELILAH ALcorloLSERwcE ESTABLISHMENT 2170 DI-1-K T r K O B I K A R P ZI=° 3 CAJ 0011 . W- vzsz III, °�,.�.,.ae �• CAJ 1205 - °""'""�„':�• CAJ 1233 - °��,��.am��. CAJ 2069 - = H °�,.�.,.ae:�. CAJ 2074 r - O - __ z- re . F-z�ma r- s= H,. iiOo°, © OO O .a,ace. O ,a,�w.a.� EMae a A „ yam,. .... 1DUL DETAILS UL DETAILS UL DETAILS UL DETAILS UL DETAILS a U ,., U �.,., U ° .... CAJ 2184 r- s=-2 HH,. °,..g.ae:�. CAJ 3141 -re- °,.,°�,m:�. CAJ 5067 r -- CAJ 5089 r- _ ,H-1 CAJ 6007 7_ s_ s112 O © o omK.�ce >s.. NOTICE �mPZ-21-10925 .. o-21-11 LCOHOL SERVICE DELILAH ESTABLISHMENT 2170 UL DETAILS UL DETAILS UL DETAILS UL DETAILS UL DETAILS E�, �� n^�o�n�kYmm Mam FL��e ° U !TAIL U � ,., �.,., U F-2—H.-11 I _1. --I.—Th _­ h--] 2 H aea°PeCUfaC P 0 p 09260HH/0921216.23/NGC� CAJ 8057 _ s' s °�,.�.g.ae�. FFD 0009 © a a a a MECHANICAL PLENUM wo OO O m3 nw��s a„aa,a, o„�aa.°a.aiia�mey. — 'smK�s?y°e'" m e ut'-�6RR6ktlP' e UL DETAILS UL DETAILS RATED CEILING pacembae gMane30 TYPICAL STAIR CEILING DETAIL jIRE STOPPING DETAILS U !TAIL U s a U na 7.02 ,r -:ar�"."a'� — m".�°mv� zvwnsszeo RD vryz szz �scov si HORIZONTAL SHAFT DETAL 2HR sPM`�.. Xc.ewn a oa o0 0o Q d _ — _rI DESIGN N. J9Dl Rt --------------- IN c're�mi,�M DESIGN N. UL S05 DESIGNN. U465 em.. V CEILING 4 FLOOR "u ,aETm � MGM TEM„ 0 DESIGN N. N­189 C� NOVEMENTCaPaaLTES ,H 1 MPaEssax NOTICE lzlll �mPZ-21-10925 .. ....S LCOHOL SERVICE CJELILAH ESTABLISHMENT 2170 oRive«ac�a ........ . .................. .. ... .. .... .... .......... n t .. . ... .... ... . .... . . .. ........ .. . .. ...... . . . .. . . ....... .. .. .... . .... .. ... . ...... ... .. .. ... .. . ... Design No. U465 r NOTICE LPZ-21-11921_,�4 ALCOHOL SERVICE DELILAH JESTABLISHMENT 2170 I . B K A R P JL DETAILS �k7.04 DOOR GENERAL NOTES P P L`J a L—`J ` m 0 0 © ro 0 ��n tio0 NIND =w� EOA �ooaaa a CONTRACTOR WILL VERIFY ALL OUNJiITIES ON Sli€ DURING GuooING PF[SSUFE usTEo au T„Es.au:;rurea�oaarnu�s o�aao o�si�u ROUGH FRAMING BEFORE PLACING WINDOW ORDER. o-nt�nl�unns-5�na�dnC• INTFRInR SA DOOR -PE D2 : GASKETED DOOR ANDPRAMS HEAD JAMB SIMILAR) AND SILL SIEoBEIN ® ®tea®wee® ----- ® -- • ® ®se®sees Sound control systems ADA REACH RANGES -- -- — -- Po — HIHH EHRwaiol RMn NOT 25TH, z" sWu eE > x". IN PAX NUN IN EN R - — — _ U H H uaA WHEELCHAIR FORWARD REACH MA'nH111A.1ANDSTRUCTI maw ,A AS,CLOR FLOOR SPENE LIST la, te,OW SIDE BOURNS IDE (') WAl AN EANPIEl NUDNAx ICASH III GBARucTaH WHEELCHAIR SIDE REACH BACK OF HOUSE HARDWARE SETS E ETa 1GU HF AS uDEPTHI ORM DEPTH CLEAR DOORWAY WIDTH AND DEPTH P E FIGURE 24FIRALANOCELoSIEN 12- IF NOR PAS ao,H bo .sA IN RE FNNIAPPWSTIAF INGGAAR2� — 11' RN PUSH SIDE I � IIIa « MIH IF WHINGE SIRE �Ro� HRINR �O OD AHH A aT a WHRRE I'l �O R G RE —H SAE APe`RE�EE - EwINHINH WIND RH VFE AU A ADA VARI �E�E�o.»s��oE•AH ,��o �R�,�E���H�H�.R•�•.�A.����s•�, a «a .tea o� s A„ A En rta a�aAaE oEa aE <,, e NOTICE �mPZ-21-10925 .. oaoas3 ALCOHOL SERVICE DELILAH ESTABLISHMENT 2170 DRIENGEELLEAYGWA--6 o wlnn3�a'AR6'd9zsKTe IOOR & STOREFRONT SCHEDULE 8.00 10 PUSL Z B.O.H. FINISH SCHEDULE DELILAH ALcorloLSERwcE ESTABLISHMENT 2170 Vl BRICKELL B�Y DR-IVE I -4CL4 MKMI, FL33131 K A R P PUBLIC AREA FINISH SCHEDULE �,-'B.O.H. FINISH SCHEDULE .' ".N E' S HE� M.00 f �' T�.'W a� ' , 1 �■ PAGE 1 OF 2 �5 4 �n 1 z • - �{ �I � ���(�� 1 � Rr�h•ELC f DF2! KEYvE F NOTICE ,4 This submittal needs to be scheduled for public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render. a _ q . recommendation or a final decision PZ-21-10925 SURVEYORS NOTE: LIQUOR ESTABLISHMEN � '` �• �?-, 1.) KOMODO LOCATED AT 801 BRICKELL AVENUE MIAMI 04/04/23 BETWEEN THE FRONT DOOR OF THE AFOREMENTIONED Ll • �� OR OF THE PROPOSED PLACE OF BUSINESS ALONG THE ROUTE OF O ALL BEVERAGE LICENSE 4COP. as 2.) DA TANG ZHEN WEI FANG LOCATED AT 801 BRICKELL AVENUE UNIT 4CL41 B, MIAMI FLORIDA 33131, MEASURES 545 FEET BETWEEN THE FRONT DOOR OF THE AFOREMENTIONED LIQUOR ESTABLISHMENT AND THE FRONT DOOR OF THE PROPOSED PLACE OF BUSINESS ALONG THE ROUTE OF ORDINARY PEDESTRIAN TRAFFIC. RETAIL BEVERAGE LICENSE 4COP. SURVEYOR'S NOTE: SCHOOLS THERE ARE NO SCHOOLS WITHIN 300 FEET FROM THE FRONT DOOR OF THE LICENSED ESTABLISHMENT TO THE NEAREST POINT ON A PARCEL OF LAND ALONG THE ROUTE OF ORDINARY PEDESTRIAN TRAFFIC. k. ]Y F' *aS'•F''y ti' x� SURVEYOR'S NOTE: RESIDENTIAL �y } �, s THERE ARE NO RESIDENCIES WITHIN 500 FEET FROM THE FRONT DOOR OF THE LICENSED ESTABLISHMENT ¢i TO THE NEAREST POINT ON A PARCEL OF LAND ALONG THE ROUTE OF ORDINARY PEDESTRIAN TRAFFIC. SURVEYOR'S NOTE: PLACED OF WORSHIP THERE ARE NO RELIGIOUS FACILITIES WITHIN 300 FEET FROM THE FRONT DOOR OF THE LICENSED ESTABLISHMENT TO THE NEAREST POINT ON A PARCEL OF LAND ALONG THE ROUTE OF ORDINARY PEDESTRIAN r T TRAFFIC. .s..A:> I' j, 268519-C 1 5 1 _ _ 268519-B 2C6579-A THIS SKETCH AND DESCRIPTION DO NOT REPRESENT A BOUNDARY SURVEY SPECIFIC PURPOSE SURVEY g t,1l,gnedby Fran= .F %�G�5CO F F,gI`" MAEoe UNDER MYY SUPERvs OSKETCH AND MEETS STANDARDS OF PROFESSIONAL SURVEYING AND MAPPING Francisco PROPERTY ADDRESS: FQ$/CE¢TIFrcQTF�QOt' ` k LANNES AND GARCIA INC. - S,o �a and care ainc, _ PRACTICE OFESSI NALSU V YORS AND IN H d Qaalfer notaloc00000tzanzz 'r �,� O'. PROFESSIONAL SVRVEYORSAND MAPPERS IN CHAPTER %. 1 301 BRICKELL KEY DRIVE, 5J-17,050 THROUGH SJ-17,052, FLORIDA ADMINISTRATIVE CODE, Ar, LB It 2098 F Fajardo Faja do oosrm,cn wancuoF SUITE 4G-041-B, PURSUANT TO SECTION 472027 FLORIDA STATUTES, AND J �atezozsosizisiszsoaoo NO.4767 HAT THE SKETCH HEREON ISTRUE AND CORRECT TOTHE FRANCISGOF,FAJARDOPSM#4767(QUALlF1ER) SUITE 4C-043-A,j eESTOFMVKNOWEDGEAND BEDEFSUBJECT TONOTES 4967SW75tttAVENUE, UNIT NUMBER DELETED: 03-i7-2023 : AND NoranoNs SHOWN HEREON, SUITE 4C-L41, ':. r i1 02-27-2023: LEGAL DESCRIPTION REVISED <. p '� -- MIAMI, FLORIDA 33155 MIAMI, FLORIDA 33131 o STATE OF aQ ; 23-2021: ADDRESS REVISED FS FLORIDp CtP' PH (305) 666-7909 FAX (305) 442-2530 03-25-2021.' ADDRESS REVISED ``r./pN .- �DQ-J,/ '4L SURVE : , FRANCISCOF FAJARDO - `-""""" FLORIDA PROFESSIONAL WIR VORANLI MAPPER PAGE 1 OF 2 FOLIO NUMBER. 01-4207-001-5100 ...11—+,,,,, — „1, FIELD DATE:021141202 SCALENTS I DRAWN BY: J.L.J. I DWG. NO,: 26B5I9 D'g tally s gned by Franc — F Fra ndsco Fa,ardo DN c US,o Lannes and Garca Inc, dnQualfer A01410C0000017BA F Fajardo FFa;�6do00003FD).cnFrand=co D ate: 2023.03.17 13:19:15 -04 00' 02-27-2023r LEGAL DESCRIPTION REVISED 11-23-2021: ADDRESS REVISED 03-25-2021: ADDRESS REVISED SEC. 44 - DISTANCE SEPARATION. (A) FOR ALCOHOL SERVICE ESTABLISHMENTS, LIQUOR PACKAGE STORES, AND BOTTLE CLUBS. FOR PURPOSES OF THIS CHAPTER, ANY DISTANCING REQUIREMENTS SET FORTH SHALL BE MEASURED FROM THE FRONT DOOR OF A LICENSED ESTABLISHMENT TO THE FRONT DOOR OF A PROPOSED ESTABLISHMENT WITH THE SAME LICENSE TYPE ALONG THE ROUTE OF ORDINARY PEDESTRIAN TRAFFIC. (B) FROM ALCOHOL SERVICE ESTABLISHMENTS, LIQUOR PACKAGE STORES, AND BOTTLE CLUBS TO DISTRICTS -RESIDENTIAL, RELIGIOUS FACILITIES, OR SCHOOLS. FOR PURPOSES OF THIS CHAPTER, ANY DISTANCING REQUIREMENTS SET FORTH SHALL BE MEASURED FROM THE FRONT DOOR OF A LICENSED ESTABLISHMENT TO THE NEAREST POINT ON A PARCEL OF LAND ALONG THE ROUTE OF ORDINARY PEDESTRIAN TRAFFIC. (C )DISTANCE SEPARATION WITHIN THE CITY'S BOUNDARIES IN DISTRICTS -MIXED -USE AND DISTRICTS -INDUSTRIAL FOR LICENSED ESTABLISHMENTS UNDER THE LAWS OF THE STATE THAT ALLOW FOR THE CONSUMPTION OR SALE OF LIQUOI ON OR OFF THE PREMISES AND/OR BEER OR WINE FOR CONSUMPTION ON THE PREMISES SHALL BE A MINIMUM OF 1,500 FEET FROM A LICENSE OF THE SAME TYPE. (D) THE SPECIFIED DISTRICTS AS SET FORTH BELOWARE SUBJECT TO THE FOLLOWING MODIFICATIONS TO DISTANCING AND USE REQUIREMENTS FOR ALCOHOL SERVICE ESTABLISHMENTS ONLY: DISTRICT I MINIMUM DISTANCE NOTES UCBD RESTAURANTS AND CAFES ARE ALLOWED BY RIGHT. EXHIBIT "A" 1 500 FEET ALCOHOL SERVICE ESTABLISHMENTS ARE ALLOWED BY R1GN7 IN T6 7 RANSEG7 ZONES, DISTANCING REQUIREMENTS FROM SPECIFIED SPECIFIED USE MINIMUM NOT! DISTANCE DISTRICT —RESIDENTIAL 1500 FEET RELIGIOUS FACILITIES TN 300 FEET UCBD' SCHOOLS IN UCBD' 1300 FEET PROPERTYADDRESS 301 BRICKELL KEY DRIVE, SUITE 4C-041-B, SUITE 4C-043-A, SUITE 4C-L41, MIAMI, FLORIDA 33131 PAGE 2 OF 2 FOLIO NUMBER: 01-4207-001-5100 UNLESS SO CONSTRUCTED, ARRANGED, OR CONTROLLED AS TO PREVENT THE EMISSION OF SOUNDS, VIBRATION, AND ODORS. FOR CONSUMPTION ON PREMISES ONLY. DOES NOT APPLY TO ANY LICENSED ALCOHOL SERVICE ESTABLISHMENT THAT PRECEDES THE .ESTABLISHMENT OF A RELIGIOUS FACILITY, DOES NOT APPLY TO ANY LICENSED ALCOHOL SERVICE ESTABLISHMENT THAT PRECEDES THE ES7A8LSHMENT OF A SCHOOL c� R o I ��Pd�4. Y / l 0 \ 4 NO. 4767 STATE OF rj QC4rf` t' F ti Si0 P p / ..... N+4L SURVo r PAGE 2OF2 CYYY OF .1y 0 R t NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-21-10925 04/04/23 268519-C 258519-B SPECIFIC PURPOSE SURVEY 1 HEREBYCERTIFY THAT THIS SKETCH AND DESCRIPTION WAS MY SETFORHOYIIIONAND LOHIDA TS 0ARDODAROSOF PRACTICE SET FORTLI OY It II FLORIDA aOARD OF PROFESSIONAL SURVEYING /A�N(/D'��MAPPING INC.PMADECTICOER *'.,LANNES AND C PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER VARVIA 7 5J-17,050 THROUGH 5J-f7052 FI.OICDA ADMINISTRATIVE CODE, G r LB # 2098 PURSUANT TO SECTION 972 027. FLORIDA STATUTES. AND, a1 THArTHE SKETCH HEREON ISTRUE AND CORRECT TOTHE FRANCISCO F. FAJARDO PSM 94767 (QUALIFIER) BEST OF MY KNOWLLDGE AND BELIEF SUBJECTTONOTES AND NOTATIONS SHOWN HEREON N = 4967 SW 75t1i AVENUE, 2 ' MIAMI, FLORIDA 33155 PH (305) 666-7909 FAX (305) 442-2530 FRANCISCO F FAJARDO FLORIDA LORIDA P ROI LSSICNAL r,M_ 1YU7 AND MAPPf-R r„_�,�,,,,'_',. ,"I FiBLD DATE:P2l1 d12tl2 SCALE NFS DRAWN BY JLJ O WG� No.: 268519 NOTICE PZ-21-10925 - NIOW23 „ s I I • RooMs��oE - llTlY o o °2 a _ � IT, E��osEo o= o�>�_ - —aY >_oe Pao; Zm � oa • a o — w i - -oa aoao o a9 j Y co e o� oa o �o a'� os LLJ FS';_ ,3 - o Q •,� �� �� ���_as o bra°°E os,IF os,Y- c 'rn osCoR 5 ER E P lams , s • I I FURNITURE FLOOR PLAN LOBBY FURNITURE PLAN FURNITURE ID PLAN �EE.�uMeEl D 6 NOTICE PZ-21-10925 NIOW23 �A F.-- W-1 El: PF-07 112 = 1 -0 PATIO FURNITURE DETAILS PF 05 PF 04 & PF 08 )1 ID 10.7 J)O)LIFE SAFETY PLAN - LEVEL 1 F DELILAH (RESTAURANT) 2170 - BRICKELL BAY DRIVE I 4CL41 MIAMI, FL 33131 'E3 g, LIFE SAFETY PLAN A- A2.01 Umm' - 110,1118 was Run 11 MUM I -gym outdoor Tqrr,-aco mum- ��N NOTICE This subrnRtal needs to be sI hetluled fora public hearing e wd, timelines set forth in the City of Miami C—cortlancThe appi,,K, decision -making body vnll renew the infoRnation at the public hearing to render recommendation or a final keciaon. PZ-21-10925 04/04/23 t, s 0 IN 4h e, allk t A ONE NOTICE This submittal neetls to be schetluletl br a public hearing rcortlance witli tlmellnes set forth in the City of Miami Cotle. The appliwde tlsisio making hotly renewNeinformation at the pubhlic hearing to rentl— PZ-21-10925 er recommentlation or a final tleciaon. r 04/04/23 5[ Ull nra rag r � — = f rp i � � R • $4 b NOTICE Thlssub [neeesto tx schetlume fora publ. hearing oord— with bmermes le forth in the city of Miami CWe. The appl-de tlxision-making bWy will renewN informationatthep011hearing to renders recommentlation or a final d-iaon. PZ-21-10925 04/04/23 f INN PATIO FURNITURE & FABRIC T SEE SHEET ID 10.E FOR PF-01 DETAILS Patio Curvetl Booth 8' 4" W, 2' D Fabrication Custom Patio Curvetl Booth Built Ozzie 20 weeks No ri PF-01 / Fabric Su mmer Classics Falling Leaves Exterior Gratle Fabric htms://summerdassics.com/outtloor-fabrics/ Built 10 weeks No Custom Patio Dining Chair- ld" req. PF-02 Patio Dining Chair iji 21" W, 26° D Fabrication Kravet Exterior Grade Chevron Velvet in Teal htms://www. kravetmm/35361-135?auervlD-al296167269d06c. Built Built Jack 44 18 weeks 10 weeks No No PF-02 Custom Patio Lounge Chair-18" H req. PF-03 W Patio Lounge Chair 32' W, 31" H Fabrication Kravet Exterior Grade Velvetin Teal Custom Patio Sofa htms://www. kravetmm/35516-1131auervlD-4fc74bd2e44b566C Built. Built Jack 10 18 weeks 10 weeks No No PF-03 PF-04 SEE SHEET ID 10.E FOR Patio Sofa 5'-6" W, 2' 4" D Fabrication Built Ozzie 4 20 weeks No DETAILS PF-04 Fabric Thibaut Maise EMerior Gratle Fabric htms://w..thibautd—do.com/catalodorodd-details/orodur-r Built 12weeks No PF-08 if Ves SEE SHEET ID 10.E FOR PF-05 DETAILS patio Banquette iT W, 2' D Fabrication Custom Patio Banquette Kravet Exterior Gratle Velvet in Teal - Banquette Fabric - Built Built Ozzie 1 20 weeks 10 weeks No No PF-05 New Exciting Fabric NOTICE ssubm [nead, to hsdhedrld fora public hearing r<odda whhtimelinessetforth In the City of 11ami Cotle. The appilw Ne dsision-making bad still .newtheiniprmation atthe public hearingto reatlera recommentlation or a final tleci9on. PZ-21-10925 J \\ 04/04/23 / Custom Patio Dining Chair- 18" H req. PF-06 Pat. Dining Chair#2 27" W, 23' D, 29"H Fabrication PF-06 Fabric FSU--Ccs Exterior Gratle Fabric in Cle Custom Patio Quad Booths PF-0� SEE SHEET ID 10.E FOR Patio Quatl Booth 5'-10" W, 2 4" D Fabrication DETAILS PF-07 Fabric Lebatex Palazzo Exterior Fabric in Seaglass Built Built Ozzie Built A.4Y r)F. `. 0t NOTICE 16 18 weeks No Thls submRtal neetlub be schetluletl fora public hearing r<ortlana whh timelines set forth In the City of Miami Cotle. The appliutte t the public tlpI,bkn-makinghbotly will renewtheiniormatlon aearing to rentlera recommentlation or a final tleci9on. PZ-21-10925 ,O weeks No _ 04/04/23 4 20 weeks No I I I Pentling 8 weeks No Pentling T Ulu of ffliianti I ��tl' � IniiiIf fl in July 15, 2021 Louis J. Terminello, Esq. Brickell World Plaza, 36th Floor 600 Brickell Avenue Miami, FL 33131 s.<^Itvr NOTICE Thlssubm I ... d,o be scheduled fora p0h, hearing ccortlance with timelines Id forth in the City or Mi. mIC ie. The appH. tie derision -making body trill reWewiheinfonnatinn at the pubic hearing to —d.,a recommendation nr a final tleciaon. PZ-21-10925 04/04/23 Re: Extension of Alcohol Reservation Letter for an Alcohol Service Establishment located at 801 Brickell Bay Drive 4C-041-B, 4C-043-A, 4C-L41 within a Mixed -Use Building with 400 dwelling units. Dear Mr. Terminello: The Office of Zoning has received your request for an extension of an Alcohol Reservation Letter ("Reservation") dated June 21, 2021, for the property located at 801 Brickell Bay Drive, 4C-041-B, 4C-043-A, 4C-L41, Miami, FL 33131 for a 4COP Quota License. Evidence of reasonable progress in acquiring a certificate of use for an alcohol service establishment at the proposed location has been presented. As such, the Reservation shall be extended for one (1) year beginning May 26, 2021, through May 26, 2022 pursuant to Chapter 4, Section 4-7 of the Code of the City of Miami, Florida, as amended ("Code"). Prior to the expiration of the extension you must either acquire the aforementioned certificate of use or seek an additional extension. Please note, pursuant to Chapter 4, Section 4-4(d) of the Code of the City of Miami, Florida; Alcohol Service Establishments are allowed by Right in Th Transect Zones. However, establishments occupying more titan 5,000 square feet of Floor Area shall require an Exception with approval by the Cityr Commission, pursuant to Article b, Table 13 of the Miami 21 Code. You may also have to comply* with any other requirements found in the 7.oning (Ordinance and/or Chapter four of the City of Miami Code of Ordinances. If you have any questions, please email Mr. Rafael Rodriguez, Jr. at ra faelrodriguez(�; m i am i gov. com. S�debeI N11.11yiq,edby 9105041 CnldbeliDid Daniel Dab-t-2071.07.15 1R17.]7-WW Daniel S. Goldberg Director//Zoning Administrator Cc: Zoning Pending Applications File PZ-21-10862 OFFICE OF ZONING 444 S.W, 2nd Avenue, 2nd Floor I Miami, Florida 33130 / Phone. (30.51416-1499 Fax 001) 416-21 16 Mailing Addre-5s, RO, Box 330708 Miami, Florida 33233-0708 NOTICE PZ-21-10925 04/04/23 I Ar&4 PROM Idds , E SvrL Llyw a . ,... r„� d��.l�.�wf a4 f;mfor.U14,�., Ftzro4 k. NOTICE PZ-21-10925 04/04/23 NOTICE ./ ezei�'.j e� m OPZ°21--10926 ti�0°�eP1• w wwww� 04/04/2� CRUDITtS market vegetables, french onion dip . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 DEVILED EGGS sturgeon caviar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 GRILLED CHEESE goat cheese, fontina, cheddar, tomato bisque . . . . . . . . . . . . . . . . . . . . 18 COUNTRY BAKED HAM parker house roll, honey butter . . . . . . . . . . . . . . . . . . . . . . 18 TUNA TARTARE* avocado, radish, soy vinaigrette, potato chips . . . . . . . . . . . . . . . . . . . . 29 SHRIMP COCKTAIL cocktail sauce, lemon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 CRAB CAKE saffron aioli, fennel salad, dill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 LOBSTER GNOCCHI lobster jus, english peas, lava beans, creme fraiche . . . . . . . . . . . . . . . 36 CHICKEN SLIDERS panko breaded chicken, pickle, coleslaw, spicy aioli . . . . . . . . . . . . . . . . 20 BRAISED LAMB MEATBALLS spiced tomato sauce, yogurt . . . . . . . . . . . . . . . . . . . . . 24 CHICKEN TENDERS spicy bbq and buttermilk ranch 25 k r� SalacL linD161 CAESAR SALAD* romaine, brioche croutons, parmesan . . . . . . . . . . . . . . . . . . . . . . . . 20 BABY ICEBERG WEDGE applewood smoked bacon, pickled shallots, tomato, bleu cheese dressing . . 18 BEET SALAD blood orange, burrata, arugula, pepitas, mustard vinaigrette . . . . . . . . . . . . . . . . . 18 AUTUMN GREEN SALAD manchego, pomegranate, butternut squash, pear, fig, sherry vinaigrette. . . 18 CRAB LOUIE little gem lettuce, avocado, hard boiled egg, laughing bird shrimp, russian dressing . . . . . 36 NOTICE e��rym9 PZ 21-10925990 y�li �ntNee6 i; _ 04/04/23 5 1 k �� • } TONY'S FAMOUS BABY BACK RIBS { 4 Delilah's secret bbq sauce, coleslaw, rosemary biscuit 38 CAULIFLOWER STEAK roasted peppers, roasted eggplant, grilled onion, olive oil, garlic . . . . . . 26 ORA KING SALMON grilled lemon, sauce ravigote. . . . . . . . . . . . . . . . . . . . . . . . . 36 BRANZINO olive jardiniere . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 ROASTED CHICKEN glazed carrots, haricot verts, roasted chicken jus . . . . . . . . . . . . . . . . 36 SHORT RIB white bean cassoulet, applewood smoked bacon . . . . . . . . . . . . . . . . . . . . . . 36 DUCK CONFIT French lentils, tomato, arugula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 IMPOSSIBLE BURGER potato bun, impossible meat patty, special sauce, american cheese, the fixin's . . 30 THE BURGER* potato bun, special sauce, american cheese, the fixin's. . . . . . . . . . . . . . . . . . 22 RACK OF LAMB* coconut curry, mint chimichurri, rainbow chard . . . . . . . . . . . . . . . . . . . 56 FILET MIGNON* caramelized onion, bone marrow maitre d' butter . . . . . . . . . . . . . . . . . . 52 NEW YORK STRIP* braised cippolini. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 side. CARROT SOUFFLt the original Chosen's recipe with candied corn flakes 14 FRIES special house seasoning . . . . . . . . . . . . . . . . 12 MASHED POTATOES add lobster (8) . . . . . . . . . 12 POTATOES GRATIN fontina, cheddar, garlic, thyme. . . 14 CREAMED SPINACH coconut, curry . . . . . . . . . 12 BRUSSELS SPROUTS butternut squash, balsamela. . . . 14 WILD MUSHROOMS basil pesto ........... 18 MAC 'N' CHEESE add truffle (3) . . . . . . . . . . . . 15 SQUASH PRIMAVERA roma tomato sauce, basil . . . . 12 kelrejknent6 ..-.` e0. WATER acqua panna, son pellegrino . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 JUICE assorted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 RED BULL regular & sugar free . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SODA assorted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 TEA assorted flavors, hot and iced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 COFFEE americano, espresso, latte, cappuccino . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 'Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness. I�OC�taLL6 CHAMPAGNE PAPI virginia black, velvet falernum, fresh lime, mango served w/ a personal bottle of Moet Imperial 30 DELILAH MULE . . . . . . . . 18 sunny vodka, house brewed ginger beer, lime served over ice in a copper mug SPICYSIENA, ' . 8 vi6n silver tequila, fresno chili, lime, agave, served on the rocks DRAKE'S SPRITZER . . . . . . . . 18 pinor grigio, Perrier, fresh peach, orange swath served over extra ice in a wine glass THE JOJO . . . 8 grey go se, st. 9ermaln, fresh strawberry, lemon, pro—co, served up THE SAZERAC . . . . 18 ma tell vsop, absinthe, eychaud's bitters, sugar, lemon swath served over a large rocko CnLpaL�ne � )QNo6ecco MOLT & CHANDON BRUT "IMPERIAL" 25 MOLT & CHANDON ROSIi "IMPERIAL". . . . . .. 27 PROSECCO . . . . . . . . . . . . . . . . . . 17 win w�ite � ro6e SAUVIGNON BLANC, EL GATO. . . . . . . . 18/72 so nta ynez, ca ' 19 SAUVIGNON BLANC, "CRU" SMITH & SHETH 21 /84 arlborough, nz'19 GRENACHE BLANC, "RESET EMAUEL TRES 18/72 soma ynez valley, ca'14 CHENIN BLANC, "JACKY BLOT" . . . . . . . 24/96 loire, fr'16 CHARDONNAY, POUILllY-FUISSE DENOGENT . . 28/112 burgundy, fr'16 WHITE BLEND, CHATEAU MUSAR . . . . . . . 25/100 lebanon'10 ROSE, MASON NO. 9 BY POST MALONE . . . 18/72 provence, fr'19 red TEMPRANILLO, °BARQUITO" LA RIOJA ALTA. . . 28/112 rioja, sp'11 PIINOT NOIR, PYRAMID VALLEY . . . . . . . . 25/100 central otago, nz'18 CABERNET FRANC, CHINON, CHARLES JOGUET 24/96 Dire valley, fr'15 RHONE BLEND, CHATEAUINEUP-DU-PAPE, MEILLE JULIENNE . . . . . . . . . . . . . . . . . 30/120 rhone, fr'13 CABERNET SAUVIGNON, CHATEAU CALON . . 27/108 SEGUR bordeaux, fr'14 SYRAH, "CRU OMAHU" SMITH & SHETH . . . . 27/108 hawke's bay, nz'15 �YJLNLt6 6L� 14, V�7000Le vo,lLa GREY GOOSE MAGNUM 1200 BELVEDERE MAGNUM . 1200 ELYX MAGNUM 1000 HAKU 425 GREY GOOSE 450 ROKU . . . . . . . 400 SUNNY . . .pp. . . . . 350 tech aiCa DON JULIO 1942MAGNUM . . . . . .2500 DON JULIO 1942. . . . . . . . . .. . . 1200 AVION 44 . . . . . . . . . . 750 CASAMIGOS ANEIO . . . . . . . . . 600 CASAMIGOS REPOSADO, 550 CASAMIGOS BLANCO 500 EL TESORO ANEIO . 500 EL TESORO REPOSADO 450 EL TESORO BLANCO 400 BOMBAY SAPPHIRE . . . . . . . . . . . 450 PLYMOUTH . .. . . . . . . . 400 ROKU . . . . . . . . . .. . . 400 cognac HENNESSYXO. . . . . . . . . . .. . . 850 COURVOISIER XO . . . . . . . . . . 800 HENNESSY VS 450 MARTELL BLUE SWIFT VSOP . 450 COURVOISIER VS. . . 400 //. WkiLe9r /6cotch YAMAZAKI25 . . . . . . . . . . . 20000 HAKUSHU 18 . . . . . . . . . . . 3000 HIBIKI 17. . . . . . . . . .2500 HIBIKI "HARMONY" 600 SUNTORY TOKI, . . . . . . . . . . . 425 BASIL HAYDEN'S . . . . . . . . . . . 400 MAKER'S MARK . . . . . . . . . . . 400 JIM BEAM . . . . . . . . . . . 350 MACALLAN 25 . . . 4000 JOHNNIE WALKER BLUE MAGNUM . . . .2000 JOHNNIE WALKER BLUE . . . . . . . 850 CHIVAS REGAL 18 . . . . . . . . . . 750 JAMESON 18 . . . . . . . . . . 600 CHIVAS REGAL 12 . . . . . . . . . . . . 400 VIRGINIA BLACK 350 JAMESON 350 Ql/,eeN Q STELLA ARTOIS . . . . . . . . . . 8 GOOSE ISLAND IPA . . . . . . . . . . 8 HOEGAARDEN, . . . . . . . . 8 STELLA ARTOIS CIDRE. . . . . . . . . . 8 BUDWEISER . . . . . . . . . . . . . 7 THE POSTY'BUD LIGHT' INCLUDES SOUVENIR 'POW BEER GLASS . . . . . . . 25 O'DOUL'S . . . . . . . . . . 7 NOTICE —PZ-21-10025� 04/04/23 t ...... Arretizepj— .... ... GRILLED CHEESE font na, white cheddar, tomato bisque 18 SHRIMP COCKTAIL* cocktail sauce, lemon v TUNATARTARE* avocado, radish, herbs, soy vinaigrette, potato chips . 29 CRABCAKE lemon, sofrito, garlic aioli . . . . . . . . . . . . . . . 26 CHICKEN SLIDERS pickle, coleslaw, spicy aioli ...... ...... 20 LAMB MEATBALLS spiced marinara, mint chive yogurt ...... 18 ROASTED BABY ARTICHOKES lemon aioli, harissa, chiye .... 18 CHICKEN TENDERS spicy bbq and buttermilk ranch 25 040. ,14 suludi finD16f CAESARSALAD* roma e, brioche croutons, parmesan (add grilled chicken +a) .... 18 BABY ICEBERG WEDGE applewood smoked bacon, pickled shallots, tomato, blew cheese dressing 20 ANTHONY'S CHICKEN TENDER SALAD babygem lettuce, shared brussel sprouts, fingerling potato, mustard sherry yinaigrette, pickled shallot, fresh herbs . . . . . . . . . . . . . 28 MARKET GREENS avocado, carrot, asparagus, herbs, sherry dressing, parmesan ....... 1e HEIRLOOM TOMATO SALAD asparagus, sugar snap peas, chive, basil, green goddess dressing . 18 sui CARROT SOUFFLE the original Chosen's recipe with candied corn flakes 14 MAC 'N' CHEESE (add truffle A, add lobster +8) . 15 FRIESspecial house seasoning (add truffle A) . . . . . . . 12 `� ;. CREAMED SPINACH parmesan, bacon, crispy shallots 15 MASHED POTATOES roasted garlic, thyme (add lobster +8) 12 CAULIFLOWER caper, lemon, iso, candied kumquat 14 NOTICE (,f.tNeej _ f PZ 21 v10925� 04/04/23 TONY'S FAMOUS BABY BACK RIBS Delilah's secret bbq sauce, coleslaw, rosemary biscuit 33 v SPAGHETTI SQUASH PRIMAVERA roma tomato sauce, basil, lemon oil 28 HEN OF THE WOODS MUSHROOMS confit potato, chive, morels, mushroom bordelaise ... 32 ROASTED CHICKEN roasted chicken;us, frisee salad, garlic, thyme 36 SHRIMP LINGUINE* english pea, iso, garlic, chili, parmesan ... 32 YELLOWFIN TUNA STEAK* non—, snap peas, carrot, ginger sauce ...... 45 CEDAR PLANK SALMON* squash succotash, herb potatoes, sugar snap peas, pesto ..... 42 GRILLED SWORDFISH* spring vegetable vinaigrette, pea tendrils, lemon ...... 45 THE BURGER* potato bun, special sauce, american cheese, the fixin's (Beyond Burger +5) ...... 22 BEEF STROGANOFF tagliatelle noodles, sliced filet, cremini mushrooms, creamy garlic sauce. 36 FILET MIGNON* herb butter, sauce diane . . . . . . . . . . . 52 16oz DRY AGED NEW YORK STRIP* red wine ;us 72 *Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness. NOTICE it i �bte bt . wood Porgy i The h.wood Group is a Los -Angeles based hospitality and lifestyle company with a diversified portfolio of upscale nightlife & restaurant venues. Born and raised in Los Angeles, longtime friends John Terzian and Brian Toll established The h.wood Group in 2008 after years of working independently. Their vision was born out of a need to bring high -end, thoughtful and detailed concepts to the Los Angeles market and, eventually, all over the world. With a love of catering to the friends and family whom they had grown up with, Terzian and Toll spent their time tending to their every social need. To this day, this emphasis on service remains at the core of The h.wood Group. It began with one nightclub, where h.wood friends and family could convene, and today, the company is responsible for some of the most iconic brands in the world, including Delilah, The Nice Guy, and Bootsy Bellows, among many others. With eleven venues in Los Angeles, three others across the nation and six new ones on the horizon, The h.wood Group is rapidly expanding. Its multi -concept portfolio is uniquely positioned to cater to different markets while staying true to its core values — distinct aesthetics, world -class service and palpable atmosphere. With an emphasis on art, fashion and entertainment, the company's projects seek to reflect and impact popular culture on both local and global scales. 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R� a�ws ¢Ratiw Ryon PETITE PUP 6IICE PY -� SLAB�����I ® SHD�E SHD�E BROO KLYN CHICAGO LOS CABOS AS T "9 NOTICE ��O't0 PU B��p NF � 99 a � �AEVIEW pOt�`Q THE ; woo_GROUP CORPORATE OVERVIEW � 99 n � � �FREVIEW Gp�Qy�W THE HMOOD GROUP OUR STORY The h.wood Group is a Los -Angeles based hospitality and lifestyle company with a diversified portfolio of upscale nightlife & restaurant venues. Born and raised in Los Angeles, longtime friends John Terzian and Brian Toll established The h.wood Group in 2008 after years of working independently. Their vision was born out of a need to bring high -end, thoughtful and detailed concepts to the Los Angeles market and, eventually, all over the world. With a love of catering to the friends and family whom they had grown up with, Terzian and Toll spent their time tending to their every social need. To this day, this emphasis on service remains at the core of The h.wood Group. It began with one nightclub, where h.wood friends and family could convene, and today, the company is responsible for some of the most iconic brands in the world, including Delilah, The Nice Guy, and Bootsy Bellows, among many others. With eleven venues in Los Angeles, three others across the nation and six new ones on the horizon, The h.wood Group is rapidly expanding. Its multi -concept portfolio is uniquely positioned to cater to different markets while staying true to its core values — distinct aesthetics, world -class service and palpable atmosphere. With an emphasis on art, fashion and entertainment, the company's projects seek to reflect and impact popular culture on both local and global scales. In addition to brick -and -mortar concepts, The h.wood Group offers corporate branding, catering, event production and marketing services. The company has established itself as one of the most reputable event producers in the market with a proven track record of success. From private events to international pop -ups, The h.wood Group has a global footprint. Now a multi -faceted brand with impressive growth, the h.wood name is known well beyond the bounds of the cities it occupies. _`bmood� Confidential - Do Not Forward 2 ��Ojo PUB��C HF a c � �FREVIEW GO�Qy�W BRIAN TOLL CO-FOUNDER & O-PRESIDENT A passionate connector and Los Angeles native, seasoned entrepreneur Brian Toll is the Co -Founder and Co -President of The h.wood Group. He and his partner and longtime friend, John Terzian, are responsible for some of the most recognized hospitality brands in the industry. Today, Toll oversees operations, finance and business strategy. With a track record spanning almost two decades, he brings a wealth of knowledge and relationships to his work. His diligent approach has garnered a reputation for trust, integrity and professionalism, and his business acumen has turned his venues into overnight successes. Toll understands the inner workings of the industry and ensures that The h.wood Group runs seamlessly. His perspective undoubtedly keeps the stylish properties ahead of the curve. Toll and Terzian continue to expand The h.wood Group portfolio. Its brands are industry leaders with their distinct aesthetics, world -class service and palpable atmospheres. Confidential - Do Not Forward 3 JOHN TERZIAN CO-FOUNDER & "O-PRESIDENT An arbiter of taste and champion of flawless service, John Terzian is the Co -Founder and Co - President of Los Angeles -based hospitality and lifestyle firm The h.wood Group. Having grown up in Los Angeles, Terzian brings a breadth of experience and networks to The h.wood Group. His close-knit industry relationships have stemmed from his professional background and entrepreneurial business affairs in a career of almost twenty years. Today, Terzian is responsible for the creative development and concept design of each project, as well as strategic partnerships. A fine arts major in college, he has a distinct aesthetic and brings an elegance and nostalgic design to each venue. Terzian understands how to cater to an elite clientele, and his ability to anticipate needs and wants cements The h.wood Group as a provider of world -class service. Terzian also plays an active role in philanthropy. He serves as a board member for Imagine LA, the non-profit mentorship program for the homeless, as well as for the Children's Hospital Sports & Entertainment board. _ bmood N ICr w4 GLY as , LAS VEGAS l BROOKLYN ¢} 40 LOVE 'II1 PUPPY PETITE SLAB rA' a R GpWE'a4 SHOIIE� SANT'OLINA Ci„E September September may may june may november august january october 2008 2009 2010., "015 2016 HWOOD THE TEA ROOM LAS PALMAS SHOREBAR BOOTSY HOORAY BOOTSY THE NICE BLIND DRAGON DELILAH BELLOWS HENRY'S BELLOWS GUY LA ASPEN january September august September october november march may june THE PEPPERMINT POPPY PETITE BLIND DRAGON HARRIET'S CLUB TAQUERIA CHICAGO March coming soon 40 LOVE SLAB HARRIET'S ALICE MASON BROOKLYN SANT'OLINA DELILAH LAS VEGAS I9m00d Confidential - Do Not Forward 6 Forbes H.Wood Group's John Terzian Dishes On What It Took To Build A $35M Nightclub And Restaurant Business John Teaien cofounded the h.wood Group a decade ago with his friend Brian Toll with one club in Los Angeles that ended up being shut down by the city as a public nui.-his. Rather than give up, Terzian, now 37, at out to learn what he didn't know. Today, he's one of Ins Angeles's best- known nightelub impresarios with a knack for getting celebrities like Drak , Katy Perry, Justin Bieber and Jessica Alba into his venues. Less well-known: The h.wood Group has become a substantial business with its mini -conglomerate of dabs and restaurants - including Bootsy Bellows, Sho..her, Idind Dragon, The Nice Guy and The Peppermint Club - and private events Hui up more than $35 million in revenue last year_ This year, with two new ee—pts opining in L A, plus a new eate m a Chicago hotel, Terzian espeen, the group's revenue to reach $50 million. q on interview that has been edited and eoudensed, he spoke about what makes a successful nightelub, lue plans for ezpansthe, and selling a stake in the business to global lifestyle company Hakkasan Group three years no. THE H.WOOD GROUP um H.Wood Buys Out Hakkasan to Pursue Their Own Restaurant and Nightlife Destiny As powerhouse hesotafio tympany&W G, ,, whicho iel The Nlce Guy. Daiiiih, antl Poppy. aman8ather; M1as re-acquiretl ilsglobal rights from its now former atategic partner, Hakkasan Group by buying 100%pf hs equity back. (EATER H.Wood Group Expands With Semi -Private Supper Club in Santa Monica I scomaember—to, h:.weaeb a as eatom memnNteam iswuo,.1 krmer5am's on the gettM1 out on CFannelgoatlan5anta famira. TM1e swanky ne iec Oslo be rallea kteea, a�aone,aaa„hart b„amai„i„ae a en<erorther„weatrmew PRESS Er Jennifer Lopez, Kendall Jenner and More Stars' Favorite Nightlife Spots by h.wood Group Set for Big Expansion Gogtl news for Jennifer Lopez. gentlall Jenn.r, Drake and more celebs even more h.wopd hot spots are set to open around the world. The hospitality and nightlife group responsible for Hollywood hat spots like Boolsy Bellows, The NI Guy and Delilah has reacquired its global rights from its partner, Hakkasan Group - and has set its sights on eypantling with even more locations this year. EM Bootsy Bellows Is Back and H.Wood Group's John Terzian Is Better Than Ever iherea a reason nightlife impresario John n,oien mmetl hie a urine wen Hallywooa "The Nice Guy-- it's a perfect summation of his awn stature in Los Angeles es the most apprpach.ble arbiter of --to cool. ��p,Tp PU B�fp NF G 99 a � rr sT eAEV1EW pp�Qy�W HAUTE LIVING LA Power Players: They Love The Nightlife, Part II �waau�pwaw,pwrkw,>tw��„K k�ay. wawamnau,wauaNJ»rlwrwra arena. xaae MARKETS INSIDER The h.wood Group Announces Reacquisition Of Global Rights From Hakkasan Group 'This decision follows years ofg—rh with Hakkasan Group that helped ha grow our portfolio of nightlife eoneepta in lea Angeles into a diversined hospitality brand with restaurant, nightlife, and hospitality venues acmes the world. We are proud of Thework wive done with Hakkasan Group sad our long-manding partnership with them," said Brian Ton, m-founder ef'lbe h.wnnd Group. �Awood� Confidential - Do Not Forward 7 BOOTSY BELLOWS ABOUT THE BRAND Step into the residential haven that is Bootsy Bellows. First introduced in 2012 by actor David Arquette and The h.wood Group, the space mirrors Frank Sinatra's 1940s Palm Springs home. From the pink banquettes to the lush greenery, the venue breaks the mold on traditional nightclub aesthetics with its luxurious, residential feel. Combining a variety of live entertainment, including DJs, music performances, and puppets, the locale is a decadent playground for adults. Named after Arquette's mother, a burlesque dancer and pinup model in her time, Bootsy Bellows is a spectacle in a class of its own. El MM With These Exclusive Pics from Kylie Jennees 18th Birthday, It's Basically Like You Were There ��Otp PUB��p yF � 9P a c � �FREVIEW'GOt�`Qy�W DELILAH ABOUT THE BRAND Swing and jive through this modern homage to the roaring '20s. Delilah is a modern-day supper club with a vintage aesthetic. Lavish chandeliers hang overhead and plush interiors create a warm and welcoming atmosphere. Nostalgic touches, like the crackling fireplace, offer increased comfort as guests dine on refined American fare. Dining elevates to dancing as a troupe of female entertainers move to the sounds of a live jazz band. Eating, drinking and dancing converge in this luxury space, and guests enjoy lounge - style bottle service as the evening progresses.0 Elegant yet alluring, experience the timeless charm and vivacious energy of Delilah. Eat Chic: Inside LA's Newest l lotspot While the success ofone,esome nt might satisfy same, that's not the case witb The h.wood Group pan,,, John Tmum and Brian Toll. Upon opening The Nice Guv last year and having it become the go -to hangout spot for everyone from Kendall Jenne, to Drake, it's safe to say the dynamic duo had shuck gold amongst the celebrity set. But they didn't stop there, striving to provide more eateries in Los Angeles that hone m on the idea effacing "a step above a restaurant, but a step below a club" eadjust an overall chic place to be seen. Enter their newest venture: Delilah. hmood � 'the h.—t group is a —a as. rznown foe Fa deoadeotnighrelubs, Haony Heory'c n B tsy Billows, w well w ita high—d craft c Jauil den SHOMIsu in& am Macho. h—W now Fae ha eyeon expaewion. DELILAH LAS VEGAS ABOUT THE BRAND ��ptp vu e��p NF � 9P a � � �FREVIEW GO�Qy�W The 1920s-inspired West Hollywood lounge and restaurant Delilah is coming to Las Vegas, and the city is primed for its brand of glossy big -night -out style. Billed as "social dining," the concept is positioned toward the customer who appreciates a good meal but wants a party, too. At Delilah, the dining environment is high energy, with music, performances and period decor meant to captivate its patrons. It can either start as an evening that ends in one of Wynn's nightclubs or provide the entire night's journey from pre -dinner cocktail to bottle service, all in one location. Hollywood's Swanky Supper Club Delilah Is Coming To The Strip A Modern Supper Club with Hollywood Roots Heads to the Strip Confidential - Do Not Forward 10 HARRIET'S ABOUT THE BRAND Revelry with a remarkable view. Just steps away from one of the busiest streets in Los Angeles is Harriet's, an escape above all the noise of West Hollywood. Located atop the 1 Hotel on Sunset Boulevard, this rooftop lounge boasts panoramic views of the city. Teeming with deep burgundy awnings, tasseled umbrellas and green and white striped upholstery, this lush space is set against the backdrop of the city skyline. With a curated cocktail menu, lounging daytime drinks turn into evenings, and evenings into late nights. EATER Harriet's Soaks Up Big LA Views From Lofty Sunset Strip Rooftop h.wood � +r - CELEB:OUT- TTED OUT �r1 AND AEK OF SEPTE Nicole Scftersmn .Michelle Rodriguez and more a a e—DaveCh.ppelle'sPrivateA— Party at The h.— G—p'z new rooftop lounge, H.—I'z a1 rite upcoming 1 Hotel West HWlywopd.n Tuesday in West Hullywppd, "' patio Iauai/�yR 4 '4q, n¢ tc 'PFV/EW L`�' HARRIET'S BROOKLYN ABOUT THE BRAND � 99 n � � �FREVIEW Gp�Qy�W Nestled in a green oasis on the 10th floor and rooftop of 1 Hotel Brooklyn Bridge, against a backdrop of panoramic views of the Manhattan skyline, Harriet's Rooftop & Lounge is the perfect escape for a craft cocktail. Live DJs spin custom playlists in this rich yet refined ambiance. THE T INFATUATION Harriet's Rooftop & Lounge Harriet's Rooftop & Lounge Confidential - Do Not Forward 12 THE PEPPERMINT CLUB ABOUT THE BRAND Take a trip to rock and roll's golden era at The Peppermint Club, a 60's inspired music lounge which caters to true musicians and music aficionados. Cork -indented ceilings and padded walls make this intimate venue the ideal spot to hear live music while also evoking the comfort of an executive's living room. Drinks are named after iconic music venues —artfully crafted to represent the cultural history behind them — and bottle service is available. Will Smith, LeBron James, Jon Stewart Join Dave Chappelle for All -Star Stand -Up Show Dow Chappelle hooted a star-studded surprise comedy snow at the Peppermint Club In Angeles on Wednesday night (Sept IS). Joining the comic fora turn on stage wen the multi -hyphenate Will Smith (making his standup debut with wde lade Pinkert Smith and Laughter Willow in aft—n-). bask-11 giant and recent L.A. transplant Lt— provided background guitar work end the m Awood Stevie Wonder eelebrdtes'life, love, music; teases new tour, album at private pre -birthday bash With Donald Glover atevie Wanderthrew hi—Ifm rsdy birthday party on Wd Wt,y at the Peppermint Club in Beverly Hills, s--studded effthi that included a —A,two-hour pedormence Ill. at1 as ,ithagift m the —ph, tl.W dinviteesuit wasfor the g ttttofhmmr. AA AA�� ���IIIIIIIIIII IIIIIIII ABOUT THE BRAND � 9P a c � �F�''EVIEW'GOt�`Qy�W Immerse yourself in a fantasy where nightclub meets high -fashion playground. Located on one of Los Angeles' most bustling boulevards, Poppy is a nightlife concept unlike any other. Surrounded by a menagerie of characters from a storybook setting, guests are transported into a whimsical world. From the colorful garden, to the opulent library this dream-like venue provides plenty for guests to explore and discover EATER LA's Newest h.wood Nightclub Is a Gonzo Surrealist Dream Birthday Behavior! Drake Rings in 31st Birthday with Leonardo DiCaprio, Tobey Maguire and More at L.A. Nightclub f n Confidential - Do Not Forward 14 OCTITE TAQUERIA ABOUT THE BRAND Savor Mexican comfort food with a contemporary twist at Petite Taqueria. With a focus on the highest quality technique and freshest ingredients, the venue offers elevated dishes alongside classics. The sights and sounds — warm amber lights, indoor palms and the rattle of ice - shaken margaritas — set the stage for an intimate dining experience best shared with friends. Open for dinner nightly and brunch on the weekends, this West Hollywood restaurant is a laid- back go -to for locals and visitors alike. EATER toSAK�Ftfs Petite Taqueria Plays to the Party Crowds in West Hollywood hmood E❑ Kylie Jenner Rocks Pink Hair on Jordyn Woods' Birthday: All the Party Details Kylle lenner stepped out to celebrate her BFF Jordyn Woods' 21st birthday on Thursday n�&ht The K mmgllp With the Kardashians star was without hahySWo .i Webeterand boyfriend Travis Scott as she helped her pal kickoff her birthday weekend. Kyliedonned pink hair and a strspless mini dress for[he celebration, which began with a small dinner at Petite Taqueria in West Hollywood. THE NICE GUY ABOUT THE BRAND Tucked away in the heart of West Hollywood, The Nice Guy is an intimate, restaurant and lounge, complete with world -class culinary offerings. One step above a restaurant, but one below a club, the venue is a cozy, reservations -only destination for h.wood friends and family. Its aesthetic evokes the decadent era of mafia bars and restaurants, where the owners and their friends could enjoy an evening together. Whether grabbing an early dinner or mingling into the early morning hours, guests come to The Nice Guy for a variety of needs and wants. Above all, the space cultivates a feeling of camaraderie among its clientele, which keeps guests coming back night after night. HL HAUTE IIVING Why The Nice Guy Has Staying Power As One Of The Top Restaurants In L.A. E L L E What Went Down at Gigi Hadid's zest Birthday Party C'gi Hadid, who's spent a full weeA <eleliraiing her zest hirthday (s Hadid family lunch! gmchdaywithboyfiiend Zayn Malik!Coachellammmnth Taylor Swiftand Calvin Hams!) finally had the bbwout party to sap offthn fnstisdtins. lb-hindig went down at Ins Angeles' Nice Guy and included a pboto booth (a Taylor/gardashian parry standby), ridiculously A -list company, and one last mks with Gi®'s face on it. Confidential - Do Not Forward 16 40 LOVE ABOUT THE BRAND Reminiscent of a classic American country club, 40 LOVE is the perfect neighborhood restaurant to cheer on your favorite team or grab a bite to eat. The 25 flat -screen TVs and plush booths provide ample comfort and vantage points. The country club -style venue is adorned with dark wood, lush greenery and white brick, seamlessly transitioning between indoor and outdoor spaces. The menu caters to all tastes with traditional bar fare as well as healthy dishes. 40 LOVE uniquely marries a laid-back ambience with elevated design, welcoming guests with a variety of needs. LAs Hottest Celebrity Restaurant Group Will Open a Country Club -Style Sports Bar hmood SHOREBAR ABOUT THE BRAND ��O,tp PU atfp NF � 99 a � �AEVIEW pOtgQ Located on one of the most storied blocks in Santa Monica, SHOREbar is a nautical lounge, evoking the wonder of sea travel. Guests experience seaside nightlife in a warm, welcoming environment steps from the crashing surf. The secluded locals -only top deck provides hidden perks and increased privacy. Upscale yet approachable, SHOREbar is the perfect place to enjoy an after -work cocktail or late night drinks in a coastal environment. 23 New Ideas for What to Do in Venice and Santa Monica: A 48-Hour Staycation Itinerary CW65 On Thursdays and Sa ,ys.—ten ,n Cuba GoWft,glr. and Cameron Ou be f,,,M hanging at SHOREbar (112 W. Chan el Road'31"2-1). Rihannax ps by, too, p_rs ,te from herf—Ite restaurant GlorgioBad. next door."SHOREbar is a one,of-a-kind place kh the same feel as a Cheers yet has Bair due to the design, ddnks and the crowd; says The h.wood Group co-founder John Tertian. lt5 where SnapNat's Evan Spiegel, wkh Miranda —in tow, celebrated his birthday.(rh—alsoa super -private, locab-only MembersR h,where favorke bottles ran be stored In p—al Ipckers, to be enloyetl during game nlgW,.) Orseek out the ecret speakeasy-1 opened a few months ago en Me side of Scepa Malian Reetsln _"e;'says Fleischman. "I got ushered back, cellphone tairen, and was made arre of the mart amazing At --Is fin. their eatensive cockiail'book.'hdds-1, Century Pox W publik Shad Rosenblum, "I heard they a 11, may deny that it ex rIndeed,re BA for comment went unarswxretl. —In.. W. ltnahingpd— JUST JARED Kendall Jenner Enjoys Date Night with Rumored Boyfriend Blake Griffin Kendall Jenner tries to keep a low profile as she leaves the Shore Bar on Friday night (September 1) in Santa Monica, Calif. Confidential - Do Not Forward 18 A SLAB ABOUT THE BRAND ��ptp vu ekfp NF � vP a � � �FREVIEW `O�Qy�W They say the best barbecue takes time — and the story of SLAB is years in the making. It begins deep in the heart of Texas, where Burt Bakman, an Israeli immigrant, found his calling to be a pitmaster.QYears later, that determination paid off. As the mastermind behind Trudy's Underground barbecue in Los Angeles, Bakman built a reputation from his skill at the smoker and an obsessive Instagram following among LA's notoriously fickle foodies. SLAB, the brainchild of Bakman and the h.wood Group, was born in 2015. After 3 years of perfecting the space, kitchen and recipes, it officially opened as a brick -and -mortar location along a busy strip of West Third Street in Los Angeles. When you sit down at SLAB and taste the marbled brisket for the first time, you'll know this experience has been worth the wait. Butt Bakman transfers his precision barbecuing from I rudy's to his first restaurant, Slab .r M 'l was always reallys nsea Na[p 1 the inrernet for food." says a- Buk— ]M1a rw aauta agora / barbeepe arMiooaao nenina TmaYa uoamgronna gaNeone is known for slinging Texassryle brisketfmmhis San Fernando Valley beckyaN. But he said the above wM1aesea[ed in [Ae diningroom ofbis soon-mropen barbecue restaurmt Slab in Weat Hollywood, ron[emplatlog Ne unronventlonel mace he cook mgm here. He's s[gangclosely a[Nefatliwrga Wick sareot gastening briskrthanging fiom M1is fork, ashe mercilessly inspects a shcet pen of helfchicken,spereribs, pulled pmkand brisket Net WI be Sleb'a gas araeommwnoa Ne reamo.aat opeaalametnia moron. HL HAUTE LIVING H. Wood Group Debuts A Taste Of Texas In L.A. With New Restaurant, SLAB Confidential - Do Not Forward 19 SANT'OLINA ABOUT THE BRAND Sant'olina is a melting pot of Mediterranean cuisine with a Southern California spin. Chefs Michael Teich and Burt Bakman combine vibrant herbs and spices to create a healthy menu packed with flavor. Each dish tells a different story - from the traditional recipes straight out of the Tel Aviv shuks to the modern Californian touches. With its timeless Mediterranean color palette and open-air views of Los Angeles, Sant'olina captures the essence of a seaside escape. Located atop the historic Beverly Hilton, Sant'olina will offer dinner service nightly and brunch service on weekends. --Zia a hmood � i' NOTICE � t 12 ��OjO PUB��C HF � 9P a c � �FREVIEW'GOt�`Qy�W THE HMOOD GROUP PRIVATE EVENTS In addition to its robust portfolio of restaurants and upscale nightlife venues, The h.wood Group provides event production and management services. Since expanding into events in 2014, the company has established itself as one of the most reputable production partners in the market with a proven track record of success. Besides offering a collection of venues for brand partners to activate, The h.wood Group also hosts a variety of pop -ups in international locations. With a global footprint, the company has become a multi- faceted brand with impressive growth, and the h.wood name is known well beyond the bounds of the cities it occupies. —%J.`LPood— Confidential - Do Not Forward 21 :2 'Coachella Pop-U AMC Super Bowl Annual Pop -Up Rams Official Pre -Draft Party w :A American Music Awards Afterparty Art Basel Annual Pop -Up Confidential Do Not Forward 22 Wr, Amazon's Oscar Viewing i me Party @ Delilah RAW"% Khloe Kardashian Surprise Birthday Party @ Blind Dragon Pretty Little Thing by Ashley Graham Party @ Delilah oohoo x Paris Hilton Party @ Delilah o� YA -tLophooMn Pretty Little Thing x Kourtney Boohoo Man x French Kardashian Launch @ Poppy 1 Montana Party @ Poppy . '.. IML #, 1 Confidential - Do Not Forward 23 Pandora x Christina Aguille Album Release Party @ The Peppermint Club RIST gA AEU TION ti1BE,naom P° Dolce & Gabbana New Millennials Party @ Bootsy Bellows - W .0 h.wood I Aq NetfOx' & Dave Chappelle Series evea @ The Peppermint Club IVAOV -' Amber Rose's Simply Be Collection Launch @ Bootsy Bellows .� lag , The Stevie Wonder Song Party *� @ The Peppermint Club y do I t , Mary J Blige Jewelry Mary Launch @ Harriet's w woe Post Malone's AMAs Afterparty @ Harriet's �r = l j X /, .I , Ii Fashion Beauty Celebrity Culture ShopBAZAAR Nilt Kendall Jenner's Birthday Party @ Petite Taquejia \ r A � French Montana's Birthday ti- @ Harriet's UA k 1 it.. Veuve Clicquot Polo Classic Afterparty @ SHOREbar ` � V kk V ? x y �I I I J GUESS Holiday Event@ Harriet's a , ti w4 1 5Fmom NO L14- i:)Argzim PACSU N x GUESS Influencer Launch @ SHOREbar mom - - nfidential - Do Not Forward 25 34 NOTABLE EVENTS ':"°TI`E POP-UP EVENTS April 2019: Bootsy Bellows / McDonalds House Q Coachella April 2019: Poppy Q Coachella Feb 2019: Bootsy Bellows Super Bowl 53 - Atlanta, Georgia May 2018: Bootsy Bellows Cannes Film Festival Q VIP Room Dec 2018: Bootsy Bellows / Young & Reckless Art Basel Pop Up Q E11 EVEN Miami Sept 2018: Delilah New York Fashion Week Q Socialista July 2018: Red, White & Bootsy Q Nobu Malibu July 2017: Bootsy Bellows Miami Swim Week Q El EVEN Miami Jan 2017: Bootsy Bellows Aspen Winter X-Games - Aspen, Colorado May 2017: Bootsy Bellows Cannes Film Festival Q VIP Room PRIVATE EVENTS The Academy's 91st Oscar Nominee Dinner Q a private residence The Academy's First Ever Women's Luncheon Q Delilah Interscope's Grammy After -Party for Lady Gaga Q The Peppermint Club Netflix & Dave Chappelle Series Reveal Q The Peppermint Club Jimmy Kimmel's Oscars After -Party Q The Lot Drake's Birthday Party Q Poppy Bootsy Bellows Cannes Film Festival Q VIP Room Dior Addict Lacquer Plump 2018 Launch Q Poppy Dolce & Gabbana New Vision and Millennials Party Q Bootsy Bellows Vanity Fair & L'Oreal Paris Celebrate Young Hollywood Q Delilah Jeremy Scott's VIVA After -Party Q Poppy Seth Meyer's Golden Globes After -Party Q Poppy Jimmy Fallon's Golden Globes After Party Q Delilah Sean Penn Golden Globes Pre -Party Q Blind Dragon Captain Phillips Tom Hanks Oscar Event Q a private residence in Beverly Hills Amazon Studios' Oscar Celebration for Manchester By the Sea Q Delilah Delilah New York Fashion Week Q Socialista Marie Claire: Fresh Faces Awards Q Poppy Adidas X All -Star Weekend Post Game Party Q Poppy Marie Claire: Annual Image Makers Awards Q Delilah Confidential - Do Not Forward 26 RED, WHITE & BOOTSY POP-UP JULY 4TH, 2018 Production Management, Venue Relations, Talent Relations, Celebrity Outreach, Creative Consulting, Sponsorship & Brand Management, Front of House Management For the 5th year in a row, The h.wood Group hosted its annual Bootsy Bellows 'Red, White & Bootsy' July 4th pop-up at Nobu Malibu in Malibu, CA. Guests of this highly curated event received exclusive Pacsun denim jackets, as well as stylish signature tees and snapback caps by Tommy Jeans. Attendees enjoyed special live performances by Tyga, Too Short, and Jamie Foxx. _ Awood, L 9,p a i+ �9��REVIEW `Q�Qy�b OFFICIAL GOLDEN GLOBES VIEWING & AFTER -PARTY JANUARY 7TH, 2018 Production Management, Creative Consulting, Venue Relations, Talent Relations, Celebrity Outreach, Front of House Management The h.wood Group produced the 2018 Official Golden Globes Viewing & After -Party hosted by The Hollywood Foreign Press and Dick Clark Productions. Kendall Jenner and Drake were two of the celebrities in attendance who celebrated a night of film and television excellence at The Beverly Hilton. Images are photographed by Line 8 Photography. � 99 a c � �FREVIEW GO�Qy�W Confidential - Do Not Forward 28 SUPER BOWL 52: THE 6TH ANNUAL BIG GAME EXPERIENCE FEBRUARY 2ND, 2018 Production Management, Venue Relations, Talent Relations, Celebrity Outreach, Creative Consulting, Sponsorship & Brand Management, Front of House Management Hollywood and football collided in Minneapolis for The h.wood Group's 6th annual Super Bowl event, hosted by Jamie Foxx and Shaquille O'Neal. In the heart of the Twin Cities, The Big Game Experience was comprised of three parts, each offering corporate partners international branding opportunities, exposure, and hospitality. Part one was a two hour Q&A hosted by ESPN's NFL Insider Adam Schefter. Part two was a decadent, red carpet dinner -party, followed by part three, The 6th Annual Bootsy Bellows Big Game Party, which featured a live performance by 21 Savage. _ hbmood- NOTICE ��OjO PUB��C HF � 9P a c � �FREVIEW'GOt�`Qy�W RAMS OFFICIAL PRE -DRAFT PARTY APRIL 25TH, 2018 Production Management, Venue Relations, Creative Consulting, Transportation Management The h.wood Group organized the Rams Official Pre -Draft Party at Otium in downtown LA. Exclusively hosted for season ticket holders and booster members, the event held a live roundtable discussion with several Rams players and key team members. The night featured performances from DanceOn and the Rams cheerleaders to add an extra element of entertainment. Confidential - Do Not Forward 30 POPPY COACHELLA 2018 APRIL 13TH, 2018 Production Management, Venue Relations, Talent Relations, Celebrity Outreach, Creative Consulting, Sponsorship & Brand Management, Front of House Management In partnership with Kylie Cosmetics and BMW i,Poppy hosted the ultimate festival party destination: BMW is 'Powered Paradise In The Desert'. The event celebrated Kylie Cosmetics' launch of its 'KOURT X KYLIE' collection, as well as the launch of Kendall Jenner's Pizza Boys Radio on Apple Music's Beats 1. The h.wood Group integrated corporate partners by serving specialty drinks by Absolut Elyx, Perrier Jouet & Avion Tequila. Additionally, Absolut Elyx served luxury vodka cocktails throughout the venue from the Elyx "copper truck," a memorable and Instagrammable moment. Throughout the night, partygoers experienced unique activations by Influence. Co, Skydeck Experiences. — Awood CATERING CAPABILITIES The h.wood Group offers catering services in fine dining and formal events catering, as well as domestic services, production catering, weddings, party planning and corporate functions. With a variety of options available, The h.wood group has full capabilities to meet any catering need. Packages include tray pass hors d'oeuvres, catering stations and buffets, as well as bar options. Catering Events: Madison Beer Album Release Party (2018) Wasserman Holiday Party (2017) Calvin Harris Album Release Party with Snoop Dogg (2017) G-Eazy's Birthday Party (2017) Herradura Tequila x Urban Daddy Launch (2016) gbmood � 99 n � � �FREVIEW Gp�Qy�W Confidential - Do Not Forward 32 ��O't0 PU B��p NF � 99 a � �AEVIEW pOt�`Q THE ; woo_GROUP THANK YOU G.�SY nA' aL Awl dm NOTICE Thla submittal needs to be sch.dWed br a p0k hearing Cora—wi hmer1ne� aet ronh m the Citym COMMERCIAL LEASE ma Mami��de pphe eion meepp�ae dking bWywll resew the infrnm al the pubec hearington:naera nxommentlation or a final deciaon. (TRIPLE NET) PZ-21-10925 04/04/23 RJR CL, L.L.C., an Illinois limited liability company, as Landlord, and Delilah Miami, LLC, a Delaware limited liability company, as Tenant Effective Date: March 12, 2021 Project: Brickell Bay Boardwalk 801 Brickell Bay Drive Miami, Florida 33131 Landlord Initial � Page 1 of 38 Tenant Initial 1 NOTICE rni"sabr,inal reea"m-`heaak•d- apebge heahmg �o�aam� wkh hr,ehmg set ronh h the city m Miami CWe. The applude tlecis- making bWy will re�ewihe information at the pubec hearing to render a TABLE OF CONTENTS xommerda mn or zfirzl aeciaor PZ-21-10925 Article 1 - Basic Lease Provisions 04/04/23 1.1 ''Effective Date" 1.2 "'Landlord" 1.3 "Tenant" 1.4 "Affiliates" 1.5 Tenant's Trade Name 1.6 Landlord's Address for Notices and Rent 1.7 Tenant's Address of Premises and Notices 1.$ Intentionally omitted 1.9 Term 1.10 Delivery Date 1.11 Opening Date 1.12 Free Rent Period 1.13 Rent Commencement Date 1.14 Base Rent 1.15 Late Charges 1.1fi Rent Increases 1.17 Financial Reporting 1.18 Renewal Options 1.19 Tenant's Share of Common Area Operating Expenses 1.20 Agreed Use 1.21 Intentionally Omitted 1.22 Real Estate Brokers 1.23 Lease Contingency 1.24 Attachments 1.25 HOA Documents 1.26 Monies Paid Prior to Rent Commencement Date 1.27 homeowners Association Article 2 - Premises; Tenant Improvements; Signs; Common Area 2.1 Letting 2.2 Condition of Premises 2.3 Tenant Improvements 2.4 Utility Installations; Trade Fixtures; Alterations; Liens 2.5 Ownership; Surrender; Restoration 2.6 Tenant Signs 2.7 Compliance 28 Acknowledgements 29 Intentionally Omitted 2 10 Intentionally Omitted 211 Intentionally Omitted 2.12 Premises Dario f Non Operation 213 Intentionally Omitted 214 Common Area -- Dotirnition 2 15 Common Area - Tenant's Rights 2 16 Intentionally Omitted 217 intontionaliy Omitted 218 Development and Construction Work Disclosure Article 3 - Term 3.1 Term 3.2 Delivery Date 3.3 Intentionally Omitted 3.4 Tenant Insurance Compliance Article 4 -- Rent 4.1 Rent Defined 4.2 Common Area Operating Expenses 4.3 Payment 4.4 Financial Statements Article 5 - Letter of Credit Article 6 -- Use 6.1 Use 6.2 Hazardous Substances 6.3 Tenant's Compliance with Applicable Requirements 6.4 Inspection; Compliance 6.5 Radon Disclosure Landlord Initial page 2 of 38 Tenant Initial 9A_ 1 NOTICE rnia aubmitlal reeds m ­hetla�e mr a p0k heahng �oraan� wkh hmahne: aet ronh m ma city m Miami CWe. The appllude tlecision-making bWy will re�ewihe information at the pubec hearing to render a recommertlation or a final aeciaon. Article 7 -Maintenance; Repairs PZ-21-10925 7 1 Tenant's Obligations 7.2 Landlord's Obligations _ 04/04/23 Article 8 - Insurance; Indemnity 8.1 Payment of Premiums 8.2 Liability Insurance 8,3 Property Insurance - Building, Improvements and Rental Value 8.4 Tenant's Property; Business Interruption Insurance 8.5 Insuranco Policies 8.6 Waiver of Subrogation 8.7 Indemnity 8.8 Exemption of Landlord and its Agents trom Liability 8.9 Failure to Provide Insurance Article 9 - Damage or Destruction 9.1 Definitions 9.2 Partial Damage - Insured Loss 9.3 Partial Damage - Uninsurod Loss 9.4 Total Destruction 9.5 Intentionally Omitted 9.6 Abatement of Rent; Tenant's Remedies 9.7 Termination; Advance Payments Article 10 - Real Property Taxes 10.1 Definition 10.2 Payment of Taxes 10.3 Additiona I Improvements 10.4 Joint Assessment 10.5 Personal Property Taxes Article 11 -- Utilities and Services Article 12 Assignment and Subletting 12.1 Landlord's Consent Required 12.2 Terms and Conditions Applicable to Assignment and Subletting 12.3 Additional Terms and Conditions Applicable to Subletting 12.4 Permitted Transfers Article 13 - Default; Breach-, Remedies 13.1 default; Breach 13.2 Remedies 13.3 Intentionally Omitted 13A Late Charges 13.5 Intentionally Omitted 13.6 Breach by Landlord Article 14 - Condemnation Article 15 - Intentionally Omitted Articles 16 - 22 16. Estoppel Certificates 17. Definition of Landlord 18. Severability 19. Days 20. Limitation on Liability 21. Time of Essence 22. No Prior or Other Agreements Article 23 - Notices 23.1 Notice Requirements 23.2 Date of Notice Articles 24 - 29 24. Waivers 25. Right of First Refusal to Purchase the Premises 26. No Right to Holdover 27. Cumulative Remedies 28 Covenants and Conditions; Construction of Agreement Landlord Initial _"_ Page 3 of 38 Tenant Initial 29. Binding Effect; Choice of Law Article 30 — Subordination; Attornment; Non -Disturbance 30 t Subordination 30.2 Attomment 30.3 Pion-iisturbance 30.4 Self -Executing Articles 31 — 35 31. Attorneys' Fees 32, Landlord's Access; Showing Premises; Repairs 33. DFAC 34. Termination; Merger 35. Consents Article 36 — quiet Possession Article 37 —Options 37.1 Definition 37.2 Options Personal to Original Tenant 37.3 Multiple Options 37.4 Effect of Default on Options 37.5 Requirements of Exercising Options 37.6 Determining Market Rental Value Articles 38 — 48 38. Security Measures 39. Reservations 40. Performance [Under Protest 41. Authority; Multiple Parties; Execution 42 Conflict 43. Offer 44. 1ntentlonally Omitted 45. Amendments 46 Jury Waiver 47. Americans with Disabilities Act 4B. No Recordation; Confidentiality Articles 49 — 66 49 Intentionally Omitted 50 Intentionally Omitted 51 Sidewalks, Hallways and Roofs 52 Toilet Rooms 53 Intentionally Omitted 54 Flammable or Combustible Materials 56. Intentionally Omitted 56. Intentionally Omitted 57 Intentionally omitted 58. Exterminators 59, Soliciting„ Picketing or Demonstrating 60, Intentionally Omitted 61. Use of the Premises 62 Burglar Alarm and Telephone Installation 63 Observance of Rules by Employees 64 Additional and Supplemental Rules 65 Waiving of Rules 66 Conclusion Article 67 — Tenant Construction Criteria Landlord Initial _Ar_ Page 4 of 38 /� NOTICE This submittal needs fo be scneaulee for a p0fic hexhng �oeean�wkt t—lin setfont n, the crym Miami CWe. The pp III de tlecision-making bWy will re�ewihe information at the pub4c hearing to re dtl , a nzommentlation o, a final eeciaon. PZ-21-10925 04/04/23 Tenant Initial �� _1� 9A_ H NOTICE Thlnminan�e sheduledoor a pubLc hearing wnrnfnh in the Cis of . MsCMtlxe.Thappcdakng bdy wllCl#MERClALLEASE Nfnof fhe pubk hea,ingm render. ( TRIPLE NET) --dodo, o,a find l de ­ PZ-21-10925 04/04/23 THIS COMMERCIAL LEASE (TRIPLE NET) (this "Lease") is made between Landlord and Tenant, as further defined in l 1,2 and 1.3. Landlord hereby leases to Tenant and Tenant hereby accepts to lease from Landlord, subject to all the terms in this Lease, the Premises (as described in Paragraph 1.7). Basic Lease Provisions: 1.1 "Effective Rate": March 12, 2021 1.2 "Landlord": RJR CL, L.I.C., an Illinois limited liability company 1.3 "Tenant": Delilah Miami. LLC, a Delaware limited liability company. Landlord and Tenant shall be collectively referred to as the "Parties" or individually as a "Party." 1.4 "Affiliates": Collectively, any person, firm or other entity that, directly or indirectly, controls, is controlled by, or is under common control with. Tenant or Landlord, as the case may be (individually, "Affiliate"). The terms `controls;' "is controlled by," or "under common control with" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities, by contract, or otherwise. 1.5 Tenant's Trade Name. Tenant shall initially conduct business under the trade name: "Delilah" ("Trade Name"), or such other trade name approved by Landlord in writing (as determined by Landlord in its reasonable discretion): provided. however, that Tenant shall have the right, without Landlord's consent, but upon prior written notice to Landlord, to change its Trade Name to (a) a trade name of another high -end restaurant brand or concept of a similar quality as "Delilah", or (b) such other trade name utilized by a majority of the other "Delilah" locations throughout the United States. 1.6 'Landlord's Address for Notices and Rent: (a) All notices and correspondenoe to be delivered to Landlord shall be sent to: RJR CL, L.LC. Go Black Lion Investment Group, Inc. Attn: Symeon K. Davis, C.O.O. & General Counsel 1180 S. Beverly Dr., Suite 700 Los Angeles, CA 90035 Phone number for Landlord's office: 424.284.7784 E-mail: info@blacklionig.com (b) All payments of Rent (as defined in Paragraph 4.1) shall be sent to: RJR CL. L-L.C. c/o Black Lion Investment Group, Inc. Attn: Property Manager 1180 S. Beverly Dr., Suite 700 Los Angeles, CA 90035 1.7 Tenant's Address of Premises and Notices: (a) Tenant will be leasing the following portion of the Project (defined below), herein defined as the "Premises," and all notices and correspondence will be sent to the following location: Delilah Miami, LLC 801 Brickell Bay Drive Miami, FL 33131 Attn: Brian Toll E-mail. brian@hwoodgroup.com With a copy to: clo The HWood Group, LLC 9229 W. Sunset Blvd., Suite 900 West Hollywood, CA 90069 Attn: Brian Toll E-mail: brian@hwoodgroup.com The specific location of the Premises is depicted on Exhibit A attached hereto and incorporated herein by reference. The Premises is otherwise known by the HOA Documents as Unit 4C•L41. The floor area of the Premises consists of a total of approximately ten thousand seven hundred sixteen (10,716) square feet, which is comprised of mezzanine space of approximately nine thousand one hundred forty-five (9.145) square feet, plus street level lobby and elevator space accessed from Br'lckell Key Drive of approximately one thousand Five hundred seventy-one (1,571.) square feet. The square footage of the Premises shall not be re -measured or Landlord Initial A&. Page 5 of 38 tenant Initial ; 1 10E CNOTICE m g�naaak•e m, a pabgnnee,�ny emannd.set frth h ma city& changed. All dimensions are measured from center of the wall to center of the wall for all partywails and from the odati pliude tlecision-making bWy will ono Pfin h—iiaon°renderexterior walls and storefronts_ (See also Paragraph 2.1) 21-10925 (b) Subject to all applicable governmental codes and HOA Documents, Tenant shall a 04/04/23 exclusive right to use that certain outdoor area located immediately adaoenl to the Premises on the rooftop deck, as i + xhibtt A attached hereto ("Outdoor Seating Area"), which may be utilized rent-free as part of Tenant's Premises for seating. Tenant agrees that it shaIt, at its sole cost and expense, perform upon the Outdoor Seating Area the same obligat#on• ' maintenance, repair, and replacement applicable to the Premises. Tenant shall police the Outdoor Seating Area hourly when Tenant is open for business. Additionally. Tenant shall Indemnify, defend, save, and hold harmless the Landlord Parties (as defined In Paragraph 2.18) and lenders (as defined in Paragraph 30.1), from and against any and all costs and expenses incurred by Landlord, including any Claims (as defined in. Paragraph 6.2(d)), arising as a result of Tenant, or its principals, agents, employees, contractors, guests, customers, patrons, invitees, and consultants utilizing the Outdoor Seating Area. Said Outdoor Seating Area shall be deemed to be a part of the Premises ;pursuant to all of the terms, covenants, conditions, and restrictions of this Lease, the teen "Premises", as used herein, shall be deemed to include the Outdoor Seating Area unless the context indicates otherwise, and all sales from or related to the Outdoor Seating Area shall be Included as a part of Tenant's financial reporting to Landlord under Paragraph 4.4, Notwithstanding the foregoing, Landlord hereby represents and warrants to Tenant that (i) Tenant has the temporary and exclusive right to use said Outdoor Seating Area in accordance with this Section, and (ii) Tenant shall continue to have exclusive use of the Outdoor Seating Area during the Lease Term (as the same may be extended) so long as its fire exit and fire escape ramp and related elements are kept intact and maintained by Tenant (as set forth in this Lease below), or, if changed by or for Tenant, restored in compliance with applicable Laws and the HOA Documents. At its sole discretion, Landlord may revoke its consent for Tenant's use of the Outdoor Sealing Area and retake possession of the Outdoor Seating Area if, upon thirty (30) days' prior written notice to Tenant and opportunity to cure, Tenant fails to use, maintain, or repair the Outdoor Seating Area In the manner set forth herein (or such longer period as may be reasonably required under the circumstances and permitted by the HOA so long as Tenant Is diligently prosecuting such cure), or if Tenant is in Breach under this Lease, or if Tenant is found to be in violation of any applicable Law in connection with the Outdoor Seating Area. In the event of any such revocation and/or retaking. Landlord may, in its sole and absolute discretion, demolish,. redevelop, renovate, or otherwise modify the Outdoor Seating Area and its appurtenant areas of the Building as Landlord desires, and Tenant agrees that such activity and said area shall be subject to the terms and conditions of Paragraph 2.18 below as With all other portions of the Project. Tenant shall organize seating in the Outdoor Sealing Area in such a manner that It does not block the flow of pedestrian traffic on the walkways of the Project or interfere with pedestrian or vehicular traffic in the parking area of the Project. (0) Tenant shall have the right to use and occupy the Premises and shall have non-exclusive rights to (1) any utility raceways and limited common elements (designated by the HOA) of the Building that are contained in and/or servicing the Premises and (ii) the Common Areas (as defined in Paragraph 2.14). but shall not have any rights to the roof or exterior walls of the Building or to any other buildings in the Project except as specifically provided for in this Lease The Premises, the building that contains the Premises (the "Building'), the Common Areas, the land upon which they are located, along with all other buildings and improvements thereon, are herein collectively referred to as the "project." The Project consists of multiple parcels of land and/or condominium units, most of which are not be owned by Landlord; provided, however, Landlord represents and warrants to Tenant that Landlord is the sole owner of the Premises and that no other parties are necessary as signatories hereto or as consenting parties hereto In order to legally consummate the transaction herein contemplated. (See also Paragraph 2) 1.8 Parking: Tenant's employed staff only may use, on a 'first come, fast served" basis. Project vehicle parking spaces approved by the Four Ambassadors Association, Inc. ("HOA") (currently two [2] garage parking spaces), provided that the location of said parking spaces may change from time to time in the HOA's absolute discretion. To the extent available, and as approved by the HOA, Tenant's employed staff only may use, on a "first come, first served" basis. up to an additional thirteen (13) Project vehicle parking spaces, at the monthly rate of $135.00 per space (which is initial pricing for calendar year 2021). provided that the location of said parking spaces may change from time to time in the HOA's absolute discretion. Tenant shall be solely responsible for establishing and paying for its own valet parking service for the Premises. (See also Paragraph 2.10) 1.9 Term: The original term of this Lease ("Original Term") shall commence on the Effective Date of this lease ("Commencement Gate") and end fifteen (15) years after the Rent Commencement Date ("Expiration [late"). The Original Term, as maybe extended by the exercise of one (1) or more Options (as defined in Paragraph 37.1) set forth in Paragraph 1.18, shall also be referred to as the "Lease Term." (See also Paragraph 3) 1.10 Delivery Gate: The "Delivery Date" shall be the Commencement Dale of this Lease. (See also Paragraph 3.2) 1.11 Opening Date: Tenant shall, as soon as reasonably practicable and while al all times diligently pursuing its permits, licenses and approvals and completion of its Tenant Improvements, open the Premises for business to the general public (specifically excluding any "soft launch" or "soft opening"), fully stocked with inventory, fully equipped and sufficiently staffed with qualified personnel to properly attend to Tenant's anticipated level of patronage, during Tenant's normal business hours, and the day that Tenant opens the Premises for business to the general public accordingly shall hereinafter be referred to as the "Opening Gate". No less than one (1) week prior to the data Tenant anticipates opening the Premises for business to the general public, Tenant shall notify Landlord in writing of Its anticipated Opening Gate. Within five (5) business days aftef the actual Opening Date, Landlord shall complete and deliver to Tenant a written notice ("Confirmation Notice") confirming the Opening pate, the Rent Commencement Date, the Expiration Date, and other material terms under this Lease, in substantially the same form as Exhibit B attached hereto and incorporated herein by reference. No later than five (5) business days after Landlord's delivery and Tenant's receipt of the Confirmation Notice, Tenant shall review the Information contained therein toe accuracy, and any corrections agreed to between the Parties shall promptly be made by Landlord, and the Parties shall execute the final Confirmation Notice prepared by Landlord and deliver fulty-executed counterparts or copies thereof to each other within five (5) business days thereafter. The Parties agree that Tenant's failure to respond or object to Landlord's proposed Confirmation Notice, or to execute and deliver to Landlord the final Confirmation Notice, within five (5) business days of Tenant's receipt of same (as applicable), shall be deemed Tenant's final and irrevocable agreement to said applicable form of Confirmation Notice last presented by Landlord, and this Lease, its terms and Landlord Initial Page S of 38 Tenant InitialVI— conditions, and the Parties' performance hereunder (to the extent based on dates and terms set forth in said C shall be based on said Confirmation Notice NOTICE ThIa submittal need— be scneaulee for a r0fic healing Gorda wkt emann. act font n, me crym Miami CWe. Theappliud, tleci,i making bWy will "'m the information at the public hearing to n,nde, a nxommentlation or a final eeciaon. PZ-21-10925 1.12 Free Rent Period: Base Rent and Tenant's Share (as defined in Paragraph 1.19(a)) shall he aba 04/04/23 Delivery Date until the Rent Commencement Date (as defined in Paragraph 1.13) Should Tenant Default under this Lease the reasons mentioned in this Lease and not cure such Default (as defined in Paragraph 13.1) within the time period ("Uncured Default"), and should such Uncured Default involve Tenant's abandonment of the Premises, or result in early terminal of this Lease, Tenant will be liable to pay, and Landlord shall be entitled to recover, the unamortized portion of the Base Rent amount as mentioned in Paragraph 1.14. as well as the unamortized portion of Tenant's Share (both amortized over the full Original Term), that were previously abated or are to be abated for the aforesaid free rent period. 1.13 Rent Commencement Date: Base Rent and Tenant's Share shall be payable commenting on the date that is the earlier to occur of (a) the Opening Date, or (b) four hundred fifty (450) days after the Delivery Date ("Rent Commencement Date"). In the event the Rent Commencement Date occurs on a date other than the first (1st) of the month, then the Base Rent and Tenant's Share shall be prorated for the first (1st) month from the Rent Commencement Date until the end of said month so all future Base Rent and Tenant's Share payments will thereafter be due and owing on the first (1st) day of each subsequent month. For illustration purposes only. If the Rent Commencement Dale is June 10, then Base Rent and Tenant's Share shall be prorated from June 10 through June 30, and the full amount of Base Rent and Tenant's Share shall be due and owing an the first (1st) day of each month thereafter, from July 1 throughout the Lease Term. 1 14 Base Rent: The Base Rent initially shalt be Forty -Three Thousand Seven Hundred Fifty -Seven and No/100 Dollars ($43,757.0D) per month or approximately ]Forty -Nine and Noll00 Dollars ($49.00) per square foot per year ("Base Rent") payable on or before the first (1st) day of each month, and shall increase according to the schedule below. The period of lima rate rred to in said schedule as "Months 1 -12" shall mean and refer to the period commencing on the Rent Commencement Date, through and including the subsequent consecutive three hundred sixty-five (365) days, and each subsequent twelve (12) month -period shall consist of three hundred sixty-five (365) days, excepting leap years, which shall be three hundred sixty-six (366) days. Along with and in addition to each monthly Base Rent and/or Tenant's Share payment under this Lease, Tenant shall pay to Landlord any sales, use. privilege, or other taxes on rent required under applicable Law. including, but not limited to, Florida Statutes Section 212.031 and any amendments or replacements thereof. Lease Period $/month $ls.f.lyear $/year until the Rent Commment encement Rent Commencemeni Date $43.757.00 (Abated) $49.4D (Abated) $525,084.00 (Abated) Months 1 - 12 $43,757:00 $49.00 $525,084.0D Months 13 - 24 $46,069.71 $50.47 $540,836.52 Months 25 - 36 $46.421.80 $51,98 $567,061.60 Months 37 - 48 $47,814A6 $53.54 $573,773.52 Months 49 - 60 $49,248.89 $55.15 $690.986.68 Months 61 -- 72 $5D,726.36 $56.80 $60B,716.32 Months 73 - 84 $5211248.16 $58.51 S626,977.80 Months 85 - 96 $53,815.59 $00.26 $645,787.DB Months 97- 108 $55,430,06 $62.07 $665,160.72 Months 109- 120 $57,092.96 $63.93 $685,115-52 Months 121 -132 $68.805,75 $66-86 $705,669.00 Months 133 -144 $50,559.92 $67.83 $726,839.04 Months 145 -156 $62.387.02 $69.86 $74B,644.24 Months 157-168 $64.259.63 $71,96 $771,103-56 Months 169 -180 $66,186.39 $74.12 $794,236.68 1.15 Late Charges: A late charge of five percent (5%) of the amount owed ("Late Charge"), will be charged on all Base Rent and Tenant's Share payments received after the fifth (5th) day of the month, provided that no late charge shall be due with respect to the first time in any twelve (12)-month period that any portion of Rent is not received when due. (See also Paragraph 13,4) 1.16 Rent Increases: The Base Rent amount will increase on each anniversary of the Rent Commencement Date in accordance wilh the schedule set forth in Paragraph 1 14, 1.17 Financial Reporting: Tenant shaft be required to provide its Financial Statements to Landlord in accordance wilh Paragraph 4.4. Landlord Initial Pape 7 of 38 Tenant Initial �� .(NOTICE OTICE — be schedu�d bra p0k he ,g kh emer�ne�set forthh,theCity&ry fit /, 7 rapmakingbWywill P'()p g p !( ) r rtioat the publ, hea,ing to rend,,1.18 Renewal O tions: Two 2 O 1lons as defined in Para rah 37.1 of five 5 ears each ma endatimn o, a findl deciaon Tenant in accordance with the prov}sions of Paragraph 37 Base Rent will be determined as provided in Paragraph-21-10925 of exercising each Option. (See also Paragraph 37) 4/04/23 1.19 Tenant's Share of Common Area Operating Expenses: (a) Tenant's proportionate share of Com Operating Expenses (as defined In Paragraph 4.2(a)) is calculated by dividing the square footage of the floor area of the PrN6576, the square footage of all floor area corrtained within the Project, which, for purposes of this Lease shall be approximately ("Tenant's Proportionate Share"). The amount of Tenant's Proportionate Share of Common Area Operating Expenses ("Tenant's Share") initially Is approximately Ten Thousand Seven Hundred Sixteen and Noll00 Dollars (S10,716.DD) per month, or approximately Twelve and No1100 Dollars ($12.00) per square foot per year, subject to annual reconciliations and adjustments. In the event that the size of the Premises and/or the Project is modified during the Lease Term, Landlord shall recalculate Tenant's Proportionate Share and Tenant's Share to rested such modification. Tenant's Share of Controllable Operating Expenses (as defined in Paragraph 1.19(b)) shall not increase by more than three and zero tenths percent (3.0%) annually.. (b) For purposes of calculating Common Area Operating Expenses, the aggregate Common Area Operating Expenses (exclusive of non -Contrail able Operating Expenses, as defined below) for a calendar year shalt not increase by more than three and zero tenths percent (3.0%) on a non -cumulative basis per year from the actual costs for Controllable Operating Expenses for calendar year 2022. "Controllable Operating Expense" means all Common Area Operating Expenses for the Project except (I) building insurance premiums paid by Landlord with respect to the Building and/or the operation thereof, (ii) the actual costs of Common Area electricity and other utility costs, (lit) Heal Property Taxes (as defined in Paragraph 10), (N) repairs required under this Lease that are performed by Landlord either at Tenant's written request or after failure of Tenant to make such repair If such repair was required by the terms of this Lease, or (v) the costs of capital repairs to and replacements of Common Area improvements, utilities and facilities that are required to be performed by Landlord as directed by a governmental authority having jurisdiction therefor in order to prevent the Building from being in a condition which would violate changes in applicable Laws subsequent to the Delivery Date (as defined In Paragraph 6.1). Common Area Operating Expenses that are not Controllable Operating Expenses are not controlled by Landlord and, therefore, shall not be limited, and shall be included in Common Area Operating Expenses and Tenant shall pay Tenant's Proportionate Share of the same when due and payable under this Lease. 1.20 Agreed Use: The Premises shall be used and occupied only for the purpose of a first-class, full -service restaurant, bar and/or lounge offering dining and cocktail and drink service (which shall include the sale of beer and wine and liquor for on -premises consumption only), and for incidental office use related to same (collectively, "Agreed Use"), and for no other use or purpose whatsoever. (See also Paragraph 6) 1 21 Intentionally Omitted, 1,22 Real Estate Brokers: (See also Paragraph 15) (a) Representation: The following real estate brokers (collectively, "Brokers") and brokerage relationships exist in this transaction: FA Commercial, representing Landlord, and Newmark, representing Tenant. (b) Payment to Brokers: Landlord shall pay any brokerage fees due Brokers pursuant to a separate written agreement or agreements by and among the Brokers and Landlord. 1.23 Lease Contingency: (a) The obligations of Tenant and Landlord with respect to the terms and conditions of this Lease are subject to and contingent upon, unless expressly waived in writing by Tenant, securing the following governmental reservation for Tenant no later than forty-five (45) days after the Effective Date of this Lease (the "Lease Contingency"): Tenant obtaining from the City of Miami or the County of Miami -Dade, Florida. a reservation to obtain a "4-COP Quota" alcohol beverage license from the City of Miami or the County of Miami -Dade, Florida, all associated costs and expenses for which shall be pall solely by Tenant. (b) Tenant shall: (i) no later than five (5) calendar days after the Effective Date hereof, apply for all applications and submit to all applicable governmental authorities all documentation and information needed to obtain and satisty the Lease Contingency obligation; (tt) use all commercially reasonably efforts, and pay such amounts needed, to obtain and satisfy the Lease Contingency obligation and pursue it as expeditiously as reasonably possible; (W) keep Landlord apprised of Tenant's efforts to obtain and satisfy the Lease Contingency obligation and the status of same, and; (iv) permit Landlord the opportunity to assist with obtaining the approval necessary to satisfy Tenant's Lease Contingency obligation, If Landlord should elect to do so. NohNthstanding the foregoing, Landlord makes no representation or warranty with respect to any aspect of the Lease Contingency being satisfied or obtained, and shall not be deemed in Default hereunder if the Lease Contingency shall not be obtained or satisfied. (c) In the event tile, approval necessary to satisfy Tenant's Lease Contingency obligation is not obtained within forty-five (45) days after the Effeclive Date ("Lease Contingency Expiration Date"), which date may be extended by Landlord or Tenant In good faith by not more than fifteen (15) days if the applicable governmental authority requires more time for Its approval, either Tenant or Landlord may elect to terminate this Lease, upon service of written notice to the other Party, in which event any funds paid by Tenant to Landlord, including the Letter of Credit, shall be returned to Tenant. In the event Tenant fails to deliver written notice to Landlord of its election of termination on or before the Lease Contingency Expiration Date, as may be extended by either Party pursuant to the foregoing sentence, time being of the essence, the Lease Contingency shall be deemed to have been satisfied, Tenant shalt be obligated pursuant to all the terms and conditions of this Lease, and Tenant shall have no further right to terminate this Lease. 1.24 Attachments: Attached hereto are the following, all of which constitute a part of this Lease: Exhibit A: Exhibit S: Exhibit C: Site Plan Form of Confirmation Notice Form of Letter of Credit Landlord Initial Page $ of 3$ Tenant; Initial NOTICE This submittal needs to be schedWed fo, a p0k hexhng — wkt hr,e11—set font h the City fir Miami Code. The appllude decision -making bWy will ewihe information at the pub" hearing to render a nxo 1.25 HOA Documents: Tenant acknowledges that it already has received copies of all declarati N ndatimn o, eZideciaon and regulations, and other homeowners association documents applicable to the Pfemises {collectively, "HOA oocu PZ-21-10925 to the HOA, as we11 as all applicable Recorded Restrictions (as defined below). 04/04/23 1,26 Monies Paid Prior to Rent Commencement Date: • (a) Base Bent: $43,757.00 for the first monthly Base Rent due and payable. (b) Common Area Operating Expenses: $D,71JO.0for the first monthly Tenant's Share due and payable; (c) Total due prior to the Rent Commencement hate: $TJ473&0 to be paid by wire or cashier's check. 1.27 Homeowners Association: (a) Landlord shall, during the Term: (i) perform and observe the terms and conditions of the HOA Documents on Landlord's part to be performed and observed, and; (11) defend, indemnify, and hold harmless Tenant from and against any and all claims, demands, causes of action, suits, damages, liabilities, and expenses of any nature arising out of or in connection with the enforcement of, or a claimed breach by Landlord of, any term or condition of the HOA Documents on Landlord's part to be performed and observed. Landlord may (but shall not be required to) enforce Tenant's rights and/or perform Tenant's obligations on Tenant's behalf in the event Tenant fails, after the applicable notice and cure period provided for under this Lease, to cause the HOA to perform, or to perform Tenant's own obligations to the HOA, as and when required under this Lease and/or the HOA Documents, and Tenant shall reimburse Landlord for Landlord's out-of-pocket costs and expenses incurred to third parties for taking such action on Tenant's behalf (b) Tenant shall, during the Term. (i) perform and observe the terms and conditions of the HOA Documents applicable to the Premises and/or Tenant's business operations at the Building, and; (ii) defend, Indemnify, and hold harmless the Landlord Parties from and against any and all claims, demands, causes of action, suits, damages, liabilities, and expenses of any nature arising out of or in connection with the enforcement of, or a claimed breach by Tenant of, any term or condition of the HOA Documents on Tenant's part to be performed and observed or otherwise applicable to Tenant's business operations at the Building. Tenant may (but shall not be required to) enforce Landlord's rights and/or perform Landlord's obligations on Landlord's behalf in the event Landlord fails, after the applicable notice and cure period provided for under this Lease, to cause the HOA to perform, or to perform Landlord's own obligations to the HOA, as and when required under this Lease andlor the HOA Documents (and in connection therewith, Landlord hereby grants to Tenant a non-exclusive assignment of Landlord's rights under the HOA Documents as an owner of the Premises to obtain performance of such obligations by the HOA), and Landlord shall reimburse Tenant for Tenant's out-of- pocket costs and expenses incurred to third parties for taking such action on Landlord's behalf, Premlees; Tenant improvements; Signs; Common Area: 2.1 Letting: Landlord hereby leases to Tenant, and Tenanf hereby leases from Landlord, the Premises, for the Original Term, at the rental, and upon all of the terms, covenants and conditions set forth In this Lease. Unless otherwise provided herein, any statement of size set forth in this Lease, or that may have been used in calculating Base Rent and Tenant's Share, is an approximation which the Parties agree is reasonable. NOTE: Tenant is advised to verify the actual size prior to executing this Lease. All dimensions are measured from center of the wall to center of the wall for all party walls and from the outside face of all exterior walls and storefronts The Premises area part of, or constitute, the Building in which they are located, which is, or is part of, the Project. 22 Condition of Premises: Landlord shall deliver that portion of the Premises contained within the Building (" UnIt") and the Outdoor Seating Area to Tenant in "As-16, Where Is, With All Faults" condition on the Delivery Date, and so long as Tenant complies with all terms of this Lease, including, without limitation, Paragraph 7.1 (Tenant's Obligations) and Paragraph 67 (Tenant's Construction Criteria), Landlord warrants: (a) that the portions of the Unit's major, existing electrical. plumbing, and heating, ventilating and air conditioning (1eHVAC") systems that serve but are outside of the Premises and are within Landlord's control, other than those constructed, installed, or modified by Tenant after the Delivery Date, shall be in good operating condition on the Delivery Date and throughout the Lease Term, and; (b) that the elevator serving and included with the Premises (the "Elevator"), other than any portion of same that is constructed. Installed, or modified (It at all) by Tenant after the Delivery Date, shall be in good operating condition on the Delivery Date. Except as specifically stated herein, the Premises shall be delivered in "As -is, Where Is, With All Faults" condition. If a non-compliance with any of the aforesaid warranties exists, or a malfunction or failure of an aforesaid system described in clause (a) or (b) above occurs, as of the Delivery Date —or within the Lease Term with respect to item (a) above —then on the condition that Tenanl provides Landlord detailed written notice of such non-compitance, malfunction, or failure no later than thirty ('30) days after the initial condition of non-compliance, malfunction, or failure was or should have been known by Tenant. Landlord shall, as Landlord's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly rectify same at Landlord's expense. If Tenant does not give Landlord the required notice within said thirty (30)-day period, correction of any such non-compliance, malfunction, or failure shall be the obligation of Tenant at Tenant's sole cost and expense (except for repairs to the roof, foundations, and/or bearing walls - see Paragraph 7). 2.3 Tenant Improvements: Tenant shall, at its sole cost and expense, construct permanent leasehold Improvements (defined in Paragraph 2.4 as Alterations and Utility Installations) within and adjacent to the Premises in accordance with the provisions of Paragraph 67 and plans and specifications to be approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) and approved by the HOA in accordance with the HOA Documents, including: (a) any utility and/or mechanical upgrades required under applicable Laws for the lawful occupation of the Premises for Tenant's Agreed Use; (b) the exterior improvements to Landlord Initial _W1_ Page 9 of 38 Tenant Izutaal CIL NOTICE %`HOAR reed— —hedakd m, a p0k hearng �o,a— wkh t-11—set ronh h the City m Code. The appliud, decision -making bWywill the information at the pubec hearing to rend,,e rem ses, inc uding new ingress and egress improvements, the ramp and connected area on the patio, and upd ,e .—ndatimn o,z Zl deciasafety improvements to same and the Premises; (c) any capital expenditures required as a result of the specific or uPZ-21-10925 Premises by Tenant as compared with uses by tenants in general, or as a result of an actual or proposed change iIntensity of use, or modiSicatton to the Premises, and; (d) other improvements related to the Premises that are other04/04/23 Tenant's plans and specifications (collectively, '"Tenant improvements"). Landlord acknowledges that the HOA Landlord and/or Tenant provide and/or build the following fixtures and/or improvements at the Project (collectively. the • Improvements'): (i) a new ADA-compliant fire exit and escape path from the pool deck to the parking deck that is accessible a permitted for the residents of the Project; (it) a security barrier and/or gate that prohibits people from entering Tenant's Outdoor Seating Area from the parking deck, and; (tii) a planted hedges barrier to separate the pool deck from Tenant's Outdoor Seating Area so as to separate Tenant's customers, invitees, employees and agents from the pool area. Landlord represents to Tenant that the HOA Required improvements are permitted by the HOA Documents, and further, that the same are required by the HOA. In addition, Landlord hereby pre -approves the HOA Required improvements as Tenant Improvements that are permitted by the terms hereof and that will be performed by Tenant at Tenant's sole cost and expense. Within ninety (90) days after the Commencement Date, Tenant shall provide Landlord with its plans and specifications for the Tenant Improvements, which shall be subject to the HOA's approval (which shall be given or denied pursuant to the HOA Documents), and subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and which shall be granted or rejected (with reasonable specificity as to the reasons for any such rejection) within ten (10) days after receipt of Tenant's plans and specifications; provided, however, If Landlord falls to provide Tenant timely notice of Landlord's approval or rejection as aforesaid, such failure shall be deemed Landlord's approval, but only of the specific matter and material versions for which Landlord's approval was sought. If Landlord timely denies approval or has reasonable modifications to Tenant's plans and specifications, then Tenant hereby agrees to modify such plans and specifications as reasonably required by Landlord, to Landlord's reasonable satisfaction, which said modified plans and specifications shall be subject to the HCA's and Landlord's prior written approval and the some iterative process set forth above until the approvals are complete. Tenant shall, at its sole cost and expense. apply for and secure all building permits for the Tenant Improvements, as well as approvals, licenses, and permits as required by the City of Miami or any other governmental authority in connection with Tenant's business, operation and use of the Premises. and diligently pursue the approval of same. Landlord agrees to cooperate with Tenant, at Tenant's sole cost and expense, in connection With obtaining such permits, licenses and approvals, including executing such documents as may be necessary in order for Tenant to obtain such permits, licenses and approvals (including, without limitation, acceptance affidavits and other similar documents in connection with any new conditional use permits or modifications to any existing conditional use permits. Landlord shall not cause or permit any existing permits, licenses or other approvals for the Premises to lapse, terminate or otherwise be modified without Tenant's prior written consent, which consent may be withheld in Tenant's sole and absolute discxeiion. Within ninety (90) days after completion of the Tenant Improvements, Tenant shall provide Landlord with the following: (a) Documentation supporting and evidencing the cost and expense of the construction and improvements performed, to Landlord's reasonable satisfaction; (b) Copies of all signed final lien waivers and final releases from Tenant's general contractor performing work in the Premises and all subcontractors and/or materialmen providing materials and supplies to and for the Premises (including signed confirmation that all contractors and subcontractors have been paid In full). In the event a lien Is filed against the Premises, Property, or any portion or part thereof by any contractor or subcontractor in connection with the Tenant Improvements, then Tenant shall take any and all steps necessary to have the lien released, at Tenant's sole cost and expense, and provide Landlord with proof of the lien being released; (c) Any and all additional documentation and assurances as may be reasonably required by Landlord's Lender (as defined in Paragraph 30); (d) A copy of Tenant's business license issued by the City of Miami: (e) A copy of Tenant's occupational and alcoholic beverage licenses to operate Tenant's business in the Premises for the Agreed Use issued by the appropriate governmental authority, if required; (f) A copy of the certificate of occupancy, or similar document permitting the Premises to be used and occupied for Tenant's Agreed Use, issued to Tenant by the city, county, or other approprate governmental agency, if required; and (9) A copy of the"as-built" drawings of the Tenant Improvements as constructed by Tenant. 2.4 Utility Installations; Trade Fixtures; Alterations; Liens: (a) Definitions: The term "Utility Installatlons" refers to all floor and window coverings, air and/or vacuum lines. power panels. electrical distribution, security and fire protection systems, communication cabling, lighting fixtures" HVAC equipment, plumbing, and fencing in or on the Premises. The term "Trade Fixtures" shall mean Tenant's machinery and equipment that can be removed without doing material damage to the Premises. The term "Alterations" shall mean any modification of the Interior of the Premises, other than Utility installations or Trade rixtures, whether by addition or deletion "Tenant -Owned Alterations" and/or "Tenant -Owned Utility Installations" are defined as Alterations and/or Utility Installations made by Tenant that are not yet ovcmed by Landlord pursuant to Paragraph 2.5(a). (b) Consent: Tenant shall not make any Alterations or Utllity installations to the Premises without the HOA's and Landlord's prior written consent. Subject at all times to the HOA Documents, Tenant may make non-structural Alterations to the interior of the Premises (but may not make any such installations that affect the roof or structure of the Premises or the Building) without Landlord's consent but upon notice to Landlord, as long as they (i) are not visible from the outside. (Ii) do not involve puncturing" relocating or removing any elements of the roof or any existing structural walls. (tit) will not adversely affect the electrical, plumbing, HVAC, mechanical and/or life safety systems" and (iv) the cumulative cost thereof does not exceed a sum equal to six (6) months' Base Rent in the aggregate in any one (1) year. Notwithstanding the foregoing, Tenant shall not make or permit any roof penetrations and/or install anything on the roof without the prior written approval of the HOA and Landlord. Landlord may, as a precondition to granting its approval, require Tenant to utilize a contractor chosen and/or approved by Landlord (provided such contractor charges commercially reasonable rates). Any Alterations or Utility Installations that Tenant shall desire to make and which require the consent of the HOA and/or Landlord shad be presented to Landlord in written form with detailed plans, Consent shalt be deemed conditioned upon Tenant acquiring all applicable governmental permits" furnishing Landlord with copies of both the permits and the plans and specifications prior to commencement of the work, and compliance with all conditions of said permits and other Landlord Initial Page 10 of 38 Tenant initial NOTICE rnieeabm e,­,ed— ­hedakd m, a p0k he ,g —wk t-11 e: set font m tie Citym Miami CWe. Theappgude tlecisi making bWyvN, Applicable Requirements (as defined In Paragraph 27) in a prompt and expeditious manner. All Alterations or Ul "a" e,ero m nda ., °g 11"12nornde shall he performed in a workmanlike manner with good and sufficient materials. Landlord shall not be liable for, and PZ-21-10925 be entitled to any abatement in Rent by reason of, any interruption or failure in the supply of utilities. Tenant shall n equipment that exceeds or overloads the capacity of the utility facilities serving the Premises, and if equipment 04/04/23 Tenant requires additional utility faculties, then design, application for, materials, labor, installation, and peric, y payments of the same shall be at Tenant's sole expense, but only after Landlord's written approval of same In each to • (c) Liens; Bonds: Tenant shall pay, when due, all claims for labor or materials furnished or allege have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanic's or materialman's lien against the Premises er any interest therein. Tenant shall give Landlord not less than ten (10) days written notice prior to the commencement of any work in, on or about the Premises, and Landlord shall have the right to post notices of non - responsibility or other notices that Landlord may deem to be proper for the protection of Landlord's interest in the Premises. If Tenant shall contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense, defend and protect itself. Landlord, the HCA, and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. (d) Mechanics' Liens; Construction Liens: (i) Tenant shall keep the Premises and ail parts thereof at all times free of mechanics' liens and any other lien for labor, services, supplies, equipment or material purchased or procured, directly or indirectly, by or for Tenant. Tenant further agrees that Tenant will promptly pay and satisfy all liens of contractors, subcontractors, mechanics, laborers, malerialmen or other items of like character, and will indemnify, defend, save and hold harmless all Landlord Parties from and against any Claims, including, but not limited to, bond premiums for release of liens and reasonable attorneys' fees and costs reasonably incurred in or related to the defense of any suit or other action in discharging the Premises from any liens, judgments or encumbrances caused or suffered by Tenant in violation of this Lease or the HOA Documents. In the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within twenty (20) days after the same has been made or filed. It is understood and agreed between the Parties hereto that any such expenses, costs and charges shall be considered as additional Rent due, and shall be included in any lien or other claim for Rent. (ii) Tenant shall not have any authority to create or allow any liens for labor or material on Landlord's interest In the Premises or any other portion of the Project, and all persons contracting with Tenant for the construction or removal of any facilities or other improvements on or about the Premises, and all materialmen, contractors, mechanics and laborers, are hereby charged with notice that they must look only to Tenant and to Tenant's interests in the Premises to secure the payment of any bill for work done or material furnished at the request or instruction of, or on behalf of, Tenant; and Tenant shall provide any materialmen, contractors, mechanics, or laborers retained by tenant with a copy of such notice. (Ili) Landlord shall have the right to post on the Premises and to file and/or record in the public records or court registry, as applicable, notices of non -responsibility and such other notices as Landlord may reasonably deem proper for the protection of Landlord's interest in the Premises and the Project. (iv) Tenant shall, before commencement of any work that might result in any lien on the Premises, give Landlord not less than ten (10) days prior written notice of Its Intention to commence said work. In the event any provision contained in this Paragraph 2.4(d) conflicts with any provision contained elsewhere in this Lease, this Paragraph 2.4(d) shall control. 2:5 Ownership; Surrender; Restoration: (a) Ownership: Subject to Landlord's right to require removal or elect ownership as hereinafter provided, all Tenant -Owned Alterations and Tenant -Owned Utility Installations shall be the property of Tenant but considered a pan of the Premises. Unless otherwise agreed In writing by the Parties, all Utility Installations and Alterations shall, at the expiration or termination of the Lease Term. automatically and without need for notice to any party, become the property of Landlord and be surrendered by Tenant with the Premises, except for such Items that Landlord Indicated, at the lime of approval of plans and specifications of the same, must be removed, in which case such items only shall be removed from the Premises by Tenant prior to the date of expiration OF termination of the Lease Term, and with Tenant (at its sole cost and expense) repairing all damage to all elements, systems, and areas of the Premises and/or the Building damaged, if at all, by such removal. (b) Intentionally Omitted. (c) Surrender; Restoration: Tenant shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in working order, ordinary wear and tear and damage by casualty and condemnation excepted. "Ordinary wear and tese'shall not include any damage or deterioration that would have been prevented by reasonable maintenance practice. tenant shall repair arty damage occasioned by the Installation, maintenance, repair, or removal of Utility installatlons, Alterations, Trade Fixtures, Tenant -Owned Alterations, Tenant4:)vmed Wilily Installations, furnishings and equipment, as well as the removal of any storage tank installed by or for Tenant. Tenant shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Tenant (except Hazardous Substances which were deposited via underground migration from areas outside of the Project) In accordance with applicable Laws (including environmental Laws). Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant. Any Trade Fixtures or any other personal property of Tenant not removed on or before the Expiration Date or arty earlier termination date automatically and without any requirement of notice or cure shall be deemed to have been abandoned by Tenant and may, at Tenant's cost, be disposed of or retained by Landlord as Landlord may desire. 2.6 Tenant Signs: Prior to opening the Premises for business to the general public, and only if and to the extent permitted by the HOA Documents and all applicable governmental authorities and any restrictions of public record applicable to the Premises. Tenant shall install an identification sign or signs on the Building, above and throughout the Premises, at its cost and expense (including electrical connections with respect thereto), the design. size, colors, location, materials, mechanics and other characteristics of which shall be consistent with existing Project signage and as designated by the HOA's design criteria (while taking into account the design of Tenant's other locations operating under the same Trade Name), and shall otherwise be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and the HOA's prior written approval. Tenant shall comply with the requirements of all applicable Laws, HOA Documents, and the Rules and Regulations of the Project from time to time in effect hereunder. All permits or licenses required for the installation of Tenant's sign shall be obtained by Tenant at Its sole cost and expense. Landlord agrees to cooperate with Tenant, at Tenant's sole cost and expense, in Landlord Initial Imole- Page 11 of 38 Tenant initial NOTICE This submittal needs fn be schedWed for a p0k hearing — wkt hme11— set font h the City m Miami Code. The appllude decision -making bWy will reVewiheinformation at the pubec hearing to render a or a final deciaon. connection with obtaining such permits and licenses, including executing such documents as may be necessary in rec mmendation PZ-21-10925 obtain such permits and licenses. Tenant shall maintain its identification sfgnage in good condition and repair and s defend, save and hold Landlord harmless from and against any and all Claims arising from the erection and maintenan 04/04/23 sign. Upon the earlier expiration or termination of the Lease Term, Tenant shall remove its sign and repair any and all dam + by such removal In accordance with the HOA Documents. No objects of any kind shall be hung from the Premises ceffill wit a HOA's prior written approval in each instance With respect to any and all other signs, including but not limited to advertisement sr banners, monument signs, and flyers distributed in the Project that Tenant seeks to construct, install, or distribute within the Project, Tenant must first obtain the HOA's prior written consent. Landlord shall have the right to remove, at Tenant's sole cost and expense, any sign that was placed in, on or about any part of the Project without the HOA's prior written approval_ 2.7 Compliance: Landlord warrants that, to the best of its knowledge: (a) the pre-existing improvements on the Premises and the Common Areas materially comply with the building codes that were in effect at the time that each such improvement, or portion thereof, was constructed, and also with at[ applicable Laws, covenants or restrictions of public record, regulations, and ordinances in effect on the Delivery Date ("Applicable Requirements"). and: (b) the Premises, as they exist on the Effective Date, are in compliance with ADA requirements only for the restaurant use that existed priorto time Effective Date (i.e., not necessarily If there are any changes to the Premises, or for a different use at the Premises) fror the avoidance of doubt, said warrantias do not apply to the use to which Tenant will put the Premises (excluding the previous type of restaurant use that existed prior to the Effective Date), mod ficall ons which may be required by the Americans with Disabilities Act or any simiior Laws as a result of Tenant's use (see Paragraph 47) (excluding the previous type of restaurant use that existed prior to the Effective Date), or to any Alterations or Utility installations (as those terms are defined in Paragraph 2.4(a)) or other levant Improvements made or to be made by Tenant. NOTE: Tenant Is responsible for determining whether or not the Applicable Requirements, and especially the zoning, are appropriate for Tenant's intended use, and acknowledges that past uses of the Promises may no longer be allowed, If the Premises do not comply with either of said warranties. Landlord shall. except as otherwise provided in this Lease, promptfy after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, rectify the same at Landlord's expense. If Tenant does not give Landlord written notice of a non-compliance wthin sixty (60) days following the Delivery Date with respect to the warranty provided under clause (a) above, or within one hundred eighty (180) days following the Delivery Date with respect to the warranty provided under clause (b) above, correction of that non-compliance shall be the obligation of Tenant at Tenant's sole cost and expense. 2.8 Acknowledgements: (a) Premises: Tenant acknowledges that (i) it has been advised by Landlord and/or Brokers to satisfy itself with respect to the condition of the Premises (including but not limited to the electrical, HVAC and fire sprinkler systems, security, environmental aspects, and compliance with Applicable Requirements and the Americans with DisabliNles Act) and their suitability for Tenant's intended use, (it) Tenant has made such investigation as It deems necessary with reference to such matters and assumes all responsibility therefore as the same relate to Its occupancy of the Premises, and (iii) neither Landlord, Landlord's agents, nor Brokers have made any oral or written representations or warranties with respect to said matters other than as set forth in this Lease. (b) Restrictions: Tenant hereby acknowledges that Tenant's use and occupancy of the Premises shall at all times comply with the terms, conditions. and/or restrictions set forth in any publicly recorded documents concerning the Project andlor the Premises, and with the requirements of any other agreement recorded against the Project andlof the Premises, as of the date hereof and from time to time (hereinafter collectively referred to as "Recorded Restrictions"), so long as the same will not materially interfere with the continued and permitted operation of the Agreed Use of the Premises or access to or from the Premises. Subject to the foregoing, Tenant hereby agrees: (I) to be bound by all terms, conditions, and restrictions of the Recorded Restrictions: (1I) that this Lease is subordinate and subject to the Recorded Restrictions; (lii) that, in the event of a conflict between the terms, conditions, and restrictions of the Recorded Restrictions and the terms, conditions, and restrictions of this Lease, the terms, conditions, and restrictions of the Recorded Residetions shall govern and control; and (Iv) that any material violation of the terms, conditions, andlor restrictions of the Recorded Restrictions by Tenant beyond any applicable notice and cure periods shall constitute a Breach hereunder. 2.1) Intentionally Omitted. 2.10 Intentionally Omitted. 2.11 Intentionally Omitted. 2.12 Premises Dark I Non Operation: If, at any time during the Lease Term (or any extension thereof). Tenant discontinues the operation of its business, or does not have its business open to the public during Tenant's normal business hours (as determined by Tenant), tar any reason or no reason, other than damage to or destruction of the Premises, condemnation of the Premises, a Force Majeure Event (as defined in Paragraph 7.2(b) below), of for the performance of Alterations in the Premises, then on the conditions that Tenant continues to pay all Rent when due and is not otherwise In Default under this Lease beyond any applicable notice and cure periods, Tenant Shall not be deemed in Breach under this Lease as a result of said discontinuation or closure. 2.13 Intentionally Omitted, 2.14 Common Area — Definition: The term "Common Area" (and collectively "Common Areas") Is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Project, and interior utility raceways and installations within the unit, that are provided and designated by Landlord or the Project's condominium association ("HOA") from I ime to time for the general non-exclusive use of Landlord, HOA, Tenant, andlor other tenards of I h a Project, which areas may change from time to time. Landlord Initial � Page 12 of 38 Tenant initial —ft7 H NOTICE 2.15 Common Area — Tenant's Rights: Landlord grants to Tenant, for the benefit of Tenant Thss bmda ^eeds<^b j hed eero,aP^9 suppliers, shippers, contractors, customers, and invitees, during the Lease Term, whatever rights Landl «o,aa^�e wnn umen^�; se form m me cry or Mam de. meaPPo ad d_so^-rnzhng bWy will condominium documents to the non-exclusive use, in common with others entitled to such use, of the Common �ewNe'�o m dad ,g I�a�hded� nore^de,a or change from time to time ; provided, however, Tenant shall at all times abide by and be subject to all rights, pow PZ-21-10925 reserved for HOA under, and all conditions, restrictions, and obligations required of Landlord and/or Tenant under, documents. 04/04/23 2.16 Intentionally Omitted. 2.17 Intentionally Omitted. 2.18 Development and Construction Work Disclosure: Tenant acknowledges that Tenant is aware that Landlord and/or other tenants at the Project may be in the process of developing and renovating the Project and that construction activities on, in, and about the Project will be continuing until the Project is completed. In connection with the development and construction activities on, in, and about the Project, Tenant acknowledges that Tenant is aware that said activities may include, without limitation, temporary closing of, changes to, and/or re-routing of certain Project areas, access points, driveways, and buildings, the presence of construction vehicles on, in, and about the Project, construction noises, pollution, nuisances, and other development and construction - related disturbances on, in, and about the Project. Notwithstanding any Laws to the contrary, Tenant acknowledges that Tenant will not be entitled to, and Tenant hereby forever waives, any abatement, in whole or in part, of Rent, any reduction of Tenant's obligations under this Lease, or any right to terminate this Lease, for any inconvenience, disturbance, business disturbance or interruption due to the development and construction activities on, in, or about the Project. Further, Tenant releases Landlord and its principals, agents, representatives, Affiliates, employees, directors, officers, partners, members, servants, shareholders, trustees or other persons or entities acting on Landlord's behalf or otherwise related to Landlord (collectively, "Landlord Parties") and any other tenants from any and all Claims (as defined in Paragraph 6.2(d)) that Tenant or any of its Related Parties has or may have, now or in the future, with respect to development, renovation, and/or construction activities on, in, or about the Project, and Tenant shall not look to the Landlord Parties or other tenants for redress or relief in connection with the development, renovation, and/or construction activities on, in, or about the Project. Further, Landlord and such other tenants shall not be deemed in violation of any Laws or in Default of this Lease or of any condominium documents in connection with any development, renovation, and/or construction activities at any time and from time to time on, in, or about the Project. Term: 3.1 Term: The Commencement Date, Expiration Date, Original Term of this Lease and Lease Term are as specified in Paragraph 1.9. 3.2 Delivery Date: If Tenant totally or partially occupies the Premises prior to the Delivery Date, the obligation to pay Base Rent shall be abated for the period of such early possession. All other terms and conditions of this Lease (including but not limited to the obligations to (a) have in full force and effect, prior to Tenant's entry into the Premises, the insurance required to be obtained and maintained by Tenant pursuant to the provisions of Article 8 below, and (b) maintain the Premises as provided in Paragraph 7.1 below) shall be in effect during such period. Any such early possession shall not affect the Expiration Date. 3.3 Intentionally Omitted. 3.4 Tenant Insurance Compliance: Landlord shall not be required to tender possession of the Premises to Tenant until Tenant complies with its obligation to provide to Landlord evidence of insurance of the type and in the amounts of coverage required under Article 8 below. Pending delivery of such evidence of insurance, Tenant shall be required to perform all of its obligations under this Lease from and after the Delivery Date, including the payment of Rent, notwithstanding Landlord's election to withhold possession pending receipt of such evidence of insurance. Further, if Tenant is required to perform any other conditions prior to or concurrent with the Rent Commencement Date, the Rent Commencement Date shall occur but Landlord may elect to withhold possession until such conditions are satisfied. Rent: 4.1 Rent Defined: All monetary obligations of Tenant to Landlord under the terms of this Lease (except for the Letter of Credit) are deemed to be rent ("Rent"). 4.2 Common Area Operating Expenses: Tenant shall pay to Landlord during the term hereof, in addition to the Base Rent, Tenant's Share of all Common Area Operating Expenses (as defined herein) during each calendar year of the Lease Term, in accordance with the following provisions. "Common Area Operating Expenses" are defined, for purposes of this Lease, as all costs actually incurred and reserves charged by HOA (without premium or markup or duplication by Landlord), or billed directly to Landlord by third parties (e.g., taxing authorities, insurance carriers), relating to the ownership and operation of the Building, including, but not limited to, costs for: repair and maintenance, water, gas, electricity, telephone, and other utilities related to the Common Areas and any utilities serving the Building that are not separately metered; Real Property Taxes (as defined in Paragraph 10), premiums for insurance maintained by Landlord pursuant to Paragraph 8 and by HOA; any deductible portion of an insured loss concerning the Building or the Common Areas, reasonable auditors', accountants', and attorneys' fees and costs related to the operation, maintenance, repair, and replacement of elements of the Project. Common Area Operating Expenses that vary with occupancy may be calculated as if the Project is one hundred percent (100%) occupied and operating and all such services are provided to all applicable space in the Project (but shall exclude any costs which are paid directly by Tenant or by any other tenant of the Project). The inclusion of the improvements, facilities and services set forth in this Paragraph shall not be deemed to impose an obligation upon Landlord to either have said improvements or facilities or to provide those services unless the Project already has the same, Landlord already provides the services, or Landlord has agreed elsewhere in this Lease to provide the same or some of them. Tenant's Share of Common Area Operating Expenses is payable monthly to Landlord on the same day as the Base Rent is due hereunder. Notwithstanding the foregoing or anything to the contrary contained in this Lease, it is Landlord Initial F Page 13 of 38 Tenant Initial —Pf t,�t C1>C r�h4 "'N\VTICE be e�hedaied to, a p0k he ,gh hn,er1—set r°nh h the city mppllude L intent and understanding between the Parties that Landlord has no separate Common Area Operating Experid decision -making bWy willthe o o°;fi�a,"tle ntlef 8Landlord and/or chargeable to Tenant, and that Tenant's 'Share of Common Area Operating Expenses is only inte-21-10925one-time, ;aono periodic pass -through charges to Tenant in the form of the actual condominium assessments and resecharged and/or billed by the HOA (and thus, cannot be duplicate charges to Tenant or charged to Tenant a second time4/04/23reporting period andlor characterized by Landlord as other condominium assessments and/or other Operating Expenses t directly by Landlord to third parties). 4.3 Payment. Tenant shall cause payment of Rent to be received by Landlord by bank were transfer or ACM payment or direct deposit, in lawful money of the United States, without notice, offset or deduction (except as specifically permitted In this Lease), on or before the day an which it is due. In the event that any invoice prepared by Landlord is inaccurate, such inaccuracy shall not constitute a waiver and Tenant shall be obligated to pay the amount set forth in this Lease. Rent for any period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual number of days of said month. Payment of Rent shall be made to Landlord by bank wire transfer or AC1H payment or direct deposit or to such other persons or place as Landlord may from time to lime on not lass than five (5) days' notice designate in writing. Acceptance of a payment which is less than the amount then due shall not be a waiver of Landlord's rights to the balance of such Rent, regardless of Landlord's endorsement of any check so stating. In the event that any check, draft, or other instrument of payment given by Tenant to Landlord is dishonored for any reason, Tenant agrees to pay to Landlord the sum of Fifty and No/100 Dollars ($50.00) in addition to any Late Charge. Payments will be applied first to accrued Late Charges and attor ney's fees, second to Additional Fees, then to Base Rent and Tenant's Share, and any remaining amount to any other outstanding charges or costs. 4 4 Financial Statements: Tenant will be required (if requested by Landlord In writing in connection with a sale or financing of the Premises) — but not more than one additional time per calendar year —to furnish to Landlord Tenant's cenif+ed profit and lass statement and financial report (certified as true by an authorized representative of Tenant) with respect strictly to all operations at, and all income and expenses for, the Premises. Tenant certifies that all such financial reports delivered to Landlord will be true and accurate. If Tenant fails to deliver such financial reports as required herein, and such failure continues for ten (10) days after written notice from Landlord, then the same shall constitute a Breach of this Lease. Letter of Credit: (a) In consideration of the execution of this Lease by Landlord and as a material inducement to Landlord to execute this Lease, on or prior to the Delivery Date, Tenant shall furnish Landlord, along with such execution originals of this Lease, a clean, unconditional, and Irrevocable letter of credit (the "Letter of Credit") issued by a commercial bank described below (the "Issuing Bank"), for the account of Landlord, in the amount of Six Hundred Sixty Thousand and No1300 Dollars (g660,000.00) (the "LC Amount"), as security for the performance of all of Tenant's obligations under this Lease. The Issuing Bank shall be chartered under the laws of the United States (or any State thereof or the District of Columbia), shall be insured by the Federal Deposit Insurance Corporation, shall be located (or have a branch at which the Letter of Credit can be drawn upon) within twenty (20) miles of the Premises, and shall be subject to Landlord's reasonable approval at all times: provided, however, that Landlord hereby pre -approves City National Bank as the Issuing Bank. The Letter of Credit shall be substantially in the form attached hereto as Exhibit C and otherwise subject to Landlord's approval (in Landlord's sole and absolute discretion) at all times. The Letter of Credit shall have a term of not less than one (1) year. Tenant shall keep the Letter of Credit in full force and effect at all times during the Lease Term and for ninety (90) days after the expiration or earlier termination of the Lease Term, and shall deliver a renewal or replacement Letter of Credit to Landlord not less than thirty (30) days prior to the expiration of the then -current Letter of Credit (the tern 'Letter of Credit" shall refer to the original Letter of Credit or the then-cunenl renewal or replacement Letter of Credit). failure to provide, renew, or replace the Letter of Credit as aforesaid shall constitute a Default under this Lease and, at Landlord's option, Landlord shall be entitled to draw down all or airy portion of the Letter of Credit and apply the funds drawn In accordance with the next succeeding sentence or hold the same In the event of a Default by Tenant under this Lease (including, without limitation, this Article 5) beyond ail applicable notice and cure periods. Landlord shall be entitled to (but shall not be required to) draw upon all or any portion of the Letter of Credit, and use, apply, or retain all or any part of the funds drawn by Landlord on the Letter of Credit, that, In Landlord's good -faith determination, is needed to make Landlord whole for the payment of any delinquent latent or any other sum in default, and/or for the reimbursement of any and all costs, damages, and expenses incurred or suffered by Landlord in connection w ilh such Default. (b) Tenant's obligation to furnish, and any use, application, or retention by Landlord of all or any part of, the proceeds of the Letter of Credit shall not be deemed in any way to constitute liquidated damages for any Default by Tenant under this Lease, or to limit the remedies to which Landlord is otherwise entitled under the terms of this Lease. If the Letter of Credit is drawn upon by Landlord In connection with any Default under this Lease by Tenant, then such Default shall not be deemed to be cured unless and until the Letter of Credit Is restored to the applicable LC Amount within five (6) days after written notice from Landlord of such draw and Landlord is reimbursed for any and all costs, damages, and expenses incurred or suffered by Landlord in connection with such Default. (c) The parties hereto (i) recite that the Letter of Credit andlor any cash held by Landlord after a draw upon the Letter of Credit, as the case may be, is not intended to serve as a security deposit, and any and ail Laws applicable to security deposits in the commercial content, including, without limitation, any Laws that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises ("Security Deposit Laws"), shall have no applicability or retevance thereto, and (n) waive any and all rights, duties, and obligations either Party may have, now or in the future. relating to or arising from the Security Deposit Laws. (d) Tenant acknowledges and agrees that Tenant has no property interest whatsoever in the Letter of Credit or the proceeds thereof and that, In She event Tenant becomes a debtor urder any chapter of the Federal Bankfu ploy Code, neither Tenant, any trustee, nor Tenant's bankruptcy estate shall have any right to restrict or limit Landlord's claim and/or rights to the Letter of Credit and/or the proceeds thereof by application of Section 502(b)(6) of the Federal Bankruptcy Code or any similar provision thereof. Tenant understands that Landlord is relying upon the financial condition of the Issuing Bank as a primary inducement to Landlord to lease the Premises to Tenant. Accordingly, the issuing Bank shall at all times satisfy the following requirements (the "Issuing Bank Requirements") in addition to the requirements provided above: (I) the issuing Bank's long-term. unsecured, and unsubordinated Landlord Initial Page 14 of 38 Tenant Initial NOTICE Thla submittal neetlsm be schetlu�e m, a pubec h"' �.rean� wkh nmanng set form n, ma City m rt category Miami CWe. The applies de tlecision-making bWy will g 3 g 'J y } A[S fpe i L tioat the pu bk hearing to n do ,a deb! abri attons shall at all times be rated in the to bast Bate a b a1 feast two 2 of Fitch Rati s tic. + Fitch" , Mene�aon o,al ee lonService. Inc. ("Moody's") and S&P Global Ratings C'5&P'") or their respective successors (collectively. the "Rail-21-10925which shall mean 'AAA" from Fitch, 'Aaa" from Moody's, and "AAA" from S&P). (it) the Issuing Bank's short-term depobe in the highest category from at least two (2) Rating Agencies, which shall mean "Ft"from Pitch, "P-1"from Moody's, a4/04/23S&P, (lit) the Issuing Bank shall at no time be insolvent or placed into receivership or conservalorshl0 by the Federal Depos Corporation or any successor or similar entity,. and (iv) a trustee, receiver, or liquidator shall not be appointed for the Issuing • at any time the Issuing Bank Requirements are not met, or if the financial condition of the Issuing Bank changes in any other materfa adverse way, as determined by Landlord in its sole, good -faith discretion, then Tenant shall within five (5) days of written notice from Landlord deliver to Landlord a replacement Letter of Credit that otherwise meets the requirements slated in this Lease, including, without limitation, the Issuing Bank Requirements (and Tenant's failure to do so shall, notwithstanding anything to the contrary contained in this lease, constitute an even! of Default, and shall, withaul Ilmitalion as to any other right or remedy of Landlord under this Lease, at law. or in equity, entitle Landlord to present the Letter of Credit for payment at any time after such event of Default), (e) The parries agree that the Letter of Credit shall be transferable by Landlord one or more times, but in each Instance only in the full amount available to be drawn under the Letter of Credit at the time of each transfer. Any such transfer shall be effected through the Issuing Bank at no cost to Landlord. Tenant agrees to cooperate with Landlord in connection with any transfer of the Letter of Credit, including, without limitation. by the execution and delivery of any documents or instruments reasonably necessary for Landlord or its transferee to obtain evidence reasonably satisfactory to Landlord or such transferee, as applicable, that the Letter of Credit has been duly transferred. In addition, any transfer fee to be paid in connection with any such transfer shall be paid by Tenant, but the payment of any such transfer fee shall not be a condition to the validity or effectiveness of such transfer or the Leiter of Credit. (f) Subject at all times to the restoration and reimbursement required in Paragraph 5(b) above, and provided that Tenant is not then in Default under this Lease at the time of any reduction of the LC Amount provided for In this sentence and has not previously committed a Default (in the event of any such Default, any subsequent right to reduction of the LC Amount provided In this sentence shall terminate and be of no further force or effect), the LC Amount shall be reduced (1)12 Three Hundred Thirty Thousand and No/too Dollars ($33OA00.00) immediately after the date of Tenant's opening the Premises for business to the public, and (ii) lhgn IQ One Hundred Sixty -Five Thousand and No/100 Dollars ($165.0D0 00) immediately after, and only if, Tenant shall have timely made its first twelve (12) consecutive Months of full Base Rent and Tenant's Share payments due from and after the Rent Commencement Date, in which event, the LC Amount shall remain One Hundred Sixty -Five Thousand and No1100 Dollars ($165,f300.00) for the remainder of the Lease Term, including any extension thereof; provided that the reduction of the LC Amount provided in this sentence shall at all times be a right personal only to the original Tenant executing this Lease ("Named Tenant") and any Permitted Transferee (as defined below), and shall terminate and be of no further force or effect (and Tenant shall, to the extent applicable, promptly restore the LC Amount to the original, full amount) in the event the Named Tenant is succeeded to or assigns, subleases, or otherwise transfers any Interest under this Lease or to the Premises, other than to a Permitted Transferee. Notwithstanding the terms of this Paragraph 5(f) or anything to the contrary contained in this Leese, there shall be no initial reduction or further reduction (as applicable) in the LC Amount it, prior to any above -mentioned time for reduction of the LC Amount, Tenant has been in Default; If, however, a Default or Breach by Tenant occurs after a reduction in the LC Amount, Tenant shall not be required to restore the LC Amount to its previous amount: provided further, however, there shall be no waiver of the Letter of Credit requirement or a return of the Letter of Credit to Tenant in the event of a Breach by Tenant 6. Use: 6-1 Use; The Premises shall be occupied and used only for the purpose described in Paragraph 1.20 and under no other Trade Name than described in Paragraph 1.4. and for no other use or purpose and under no other Trade Name whatsoever. Nothing contained in this Lease shall be deemed to give Tenant an express or implied exclusive use in the Project. Notwithstanding any provision of this Lease to the contrary. Tenant shall conduct its business in the Premises on all its customary business days (as determined by Tenant), and Tenant shall conduct its business in the Premises under 1"enant's Trade Name. Tenant shall not use or permit the use of the Premises In a manner that is unlawful, creates damage, waste or a nuisance,. that disturbs occupants of or causes damage to neighboring premises or roperties, or that violates any provision of the HOA Documents. Except as prohibited or limited under the HOA Documents, Applicable Requirements, and Laws (including, without limitation, city ordinances, rules, etc.). Landlord acknowledges and agrees that: (a), only so long as Tenant has installed and properly serviced, maintained, and repaired all hoods, ducts, vents, Fillers. and related professional smoke evacuation systems and elements required by applicable governmental authorltles. Landlord, and the HOA, ordinary Cooking and food Odors typical of a quality restaurant or lounge operation shall not, in and of themselves, constitute a violation hereof or constitute a "nuisance" or an "unreasonable disturbance," and (b) only so long as Tenant has compiled with and continues to comply with all sound -related requirements and restrictions of applicable authorities, Landlord, and the HOA, ordinary noises and vlbratlons emanating from a restaurant, lounge andlof bar (including an outdoor patio area), including, without limitation, music from speakers located inside or outside the Premises, shall not. In and of themselves, constitute a violation hereof or constitute a "nuisance" or an "unreasonable disturbance". Tenant further covenants and agrees that, for the period commencing on the Commencement date and continuing through the full Lease Term, Tenant will not violate any restrictions granted to other tenants in the Project prior to the Effective Date (provided, however, Landlord represents and warrants to Tenant that there are no restrictions granted to other tenants In the Project that would prohibit Tenant from operating in the Premises for the Agreed Use), or any subsequent restrictions granted to tenants in the Project (so long as the same does not materially interfere with Tenant's operations at the Premises). Other than guide, signal, seeing -eye, and service dogs. Tenant shall not keep Or allow in the Premises any pets, anlmals. birds, fish, or reptiles. Tenant shall use, occupy, maintain, and if necessary improve or alter the Premises at all times during the Lease Term as required in accordance with all HOA Documents and applicable federal, state, and local laws, statutes. orders, ordinances, codes, rules, and regulations ("Laws" or individually. "Law"), provided, however, in no event shall Tenant be required to make any structural alterations unless necessitated by Tenant's plans or specifications for Its Tenant Improvements or by any other modifications to the Premises by or for Tenant. If Tenant removes or alters any existing accessibility ramp for or to any portion of the Premises, Tenant shall be responsible, at Tenant's sole cost and expense, for installing a replacement ramp acceptable to the HOA and applicable governmental authorities and for compliance with all Applicable Requirements (including the ADA) in connection with same and any areas of the Premises or Common Areas under Tenant's control if triggered by Tenant's Alterations Landlord Initial Page 15 of 38 Tenant Initial 1OTICE (NOTICE ds to be sch.dWed bra p0k hexhng kh timer�ne�set forthh,theCitynrapmakingbWywill thereabout. Tenant shall discontinue any use or operation of the Premises which is in violation of any Law or HOA Do atioat the pubec hearing to render a endatimn o, a findl deciaon shall not at anytime use or occupy the Premises in violation ofthe certificates of occupancy issued for the Project or-21-10925 6.2 Hazardous Substances: 04/04/23 (a) Reportable Uses Require Consent: The term "Hazardous Substance" as used in ihis Leas�LCa mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself er combination with other materials expected to be on the Premises, is either (i) potentially injurious to the public health, safety or welfare, the environment or the Premises. (ii) regulated or monitored by any governmental authority, or (Ili) a basis for potential liability of Landlord to any governmental agency or third party under any applicable statute orcommon law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Tenant shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances wlthou[ the express prior written consent of Landlord and timely compliance (at Tenant's expense) with all Applicable Requirements - "Reportable Ilse" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, andlor (it) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Tenant may use any ordinary and customary materials reasonably required to be used In the normal course of the Agreed Use, ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Landlord to any liability therefor In addition, Landlord may condition its consent to any Reportable Use upon receiving such additional assurances as Landlord reasonably deems necessary to protect itself, the public, the Premises andlor the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the LC Amount, (b) Duty to Inform Landlord: If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Landlord, Tenant shall immediately give written notice of such fact to Landlord and provide Landlord with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. (c) Tenant Remediatlon: Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on. under, or about the ?remises (incuding through the plumbing or sanitary sewer system) and shall promptly, at Tenant's expense, comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security andlor monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance brought onto the Premises during the Lease Term by or for Tenant or by Tenant's agents, employees. contractors, or Invltees. Tenant shall provide to Landlord copies of any and all investigation and remediation reports and recommendations prepared at the request or on behalf of Tenant or any of its Related Parties immediately upon Tenant's receipt of same. (d) Tenant indemnifiicatlon: Tenant shall indemnify, defend, reimburse, save, and hold harmless Landlord and the Landlord Parties from and against any and all loss of rents and/or claims, demands, proceedings, suits, stop notices, damages, liabilities, judgments. penalties, costs and expenses (including, without limitation, reasonable attorneys' and consultants' fees), fees and charges of any kind whatsoever (collectively, "Claims") arising out of or involving any Hazardous Substance brought orrio any portion of the Project by or for Tenant or by Tenant's agents, employees, contractors, or invitees (provided, however, that Tenant shall have no liability under this Lease arising out of or involving any Hazardous Substance brought upon, stored at. or released onto the Premises or the Project by or for Landlord or by Landlord's agents, employees or contractors, or wilh respect to underground migration of any Hazardous Substance into or under the Premises from areas outside of the Premises not caused or contributed to by Tenant or its agents, employees, contractors, or invitees). Tenant's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Tenant, and the cost of investigation, removal, remediation, restoration andlor abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Landlord in writing at the time of such agreement. (e) Landlord Indemnification: Landlord and Its successors and assigns shall indemnity, defend, reimburse and hold Tenant, its employees and lenders, harmless from and against any and all Claims, Including the cost of remediation, which are suffered as a direct result of Hazardous Substances on the Premises prior to Tenant taking possession or which are caused by, brought upon, stored at, released or handled at the Project by Landlord, its agents, contractors or employees. Landlord's obligations, as and when required by the Applicable Requirements, shall include, but not be limited to, the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. (0 investigations and Remodiatfons: Landlord shall retain responsibility and pay for any investigations or remedialion measures required by govemmental entities having jurlsdiction with respect to the existence of Hazardous Substances on the Premises prior to Tenant taking possession, or which are brought upon, stored at, released or handled by Landlord or Landlord's agents, employees or contractors, unless such remediation measure is required as a result of Tenant's inspection or use (including Alterations) of the Premises, in which event Tenant shalt be responsible for such payment. Tenant shall cooperate fully in any such activities at the request of Landlord, including allowing Landlord and Landlord's agents to have reasonable access to the Premises at reasonable times in order to carry out Landlord's investigative and remedial responsibilities. 6.3 Tenant's Compliance with Applicable Requirements: Except as otherwise provided in this Lease, Tenant shall. at Tenant's sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements, and the requirements of any applicable fire insurance underwriter or rating bureau, as they pertain to the Premises and Tenant's use thereof, without regard to whether said Applicable Requirements are now in effect or become effective after the Delivery Date; provided, however, in no event shall Tenant be required to make structural Alterations unless necessitated by Tenant's plans or specifications for its Tenant Improvements or by any other modifications to the Premises by or for Tenant. Tenant shall, within ten (10) days after receipt of Landlord's written request, provide Landlord with copies of all permits and other documents and information evidencing Landlord Initial Page IG of 38 Tenant Initial h4 1 r�. NOTICE Thlasabmittal neeasm ree�neaa�ee m, a pabu� neeany �o,aen� wkn nmanne: set tone n, ma eiri m Terwrit's compliance with any Applicable Requirements specified by Landlord, and shalt Immediately upon receipt n Miami Cotle. The appliwde tlecision-making bWy will ntle`a NeW"e,�o m ntl.., writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, cam naidmia PZ-21-10925 pertaining to or involving the failure of Tenant or the Premises to comply with any Applicable Requirements. Li immediately give written notice to Landlord of (i) any water damage to the Premises and any suspected seepage, poolin + 04/04/23 or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the presen in the Premises. 6.4 Inspection; Compliance: Landlord and Landlord's Lender and consultants shall have the night to enter into the Premises at any time in the case of any situation in which any of them reasonably believes that a situation or condition exists that imminently endangers the preservation or safety of the Premises, or the health of safely of Tenant, its employees, contractors, agents, suppliers, vendors, customers, or other invitees (an "Emergency"), and otherwise at reasonable times after not less than twenty-four (24) hours' prior written notice to Tenant (and further, in the presence of a Tenant representative), for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant with the terms and conditions of this Lease. The cost of any such inspections shall be paid by Landlord unless a violation of Applicable Requirements or a Hazardous Substance Condition is found to exist or be imminent or the inspection is requested or ordered by a governmental authority. In such rase, Tenant shall, upon request, reimburse Landlord for the reasonable out-of-pocket cost of such inspection, so long as such inspection is reasonably related to the violation or contamination. In addition, Tenant shall provide copies of all relevant material safety data sheets (MSDS) to Landlord within ten (10) days of Tenant's receipt of wri[ten request Iherefor. 6.5 Radon Disclosure: The following disclosure is required by Florida Statutes, Section 4U4.056(8): Radon is a naturally occurring radioactive gas that, when it has accumulated in a building In sufficient quantities, may present health risks to persons who are exposed to it over time Levels of radon that exceed federal and state guidelines have been found In buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public heatth unit Maintenance; Repairs: 7.1 Tenant's Obligations: (a) In General: Subject to the provisions of Paragraph 2.2 (Condition), 2.7 (Compliance), 6.3 (Tenant's Compliance with Applicable Requirements), 7.2 (Landlord's Obligations), 9 (Damage or Destruction), and 14 (Condemnation), Tenant shall, at Tenant's sole cost and expense, keep the Premises, Utility Installations (intended for Tenant's exclusive use, no matter where located), and Alterations in good order, condition and repair {whether or not the portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises), including, but not limited to, maintaining, repairing, and replacing all equipment or facilities exclusively serving or located within the Premises, such as plumbing, HVAC equipment, electrical, lighting facilities, Elevator and related elements, boilers, pressure vessels, grease interceptors and connected lines, exhaust vents, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass and skylights, but excluding any items that are the responsibility of Landlord pursuant to Paragraph 7.2, Tenant, In keeping the Premises in good order, condition, and repair. shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts required by Paragraph 7.1(b) Tenant's obligations shall include restorations, replacements, of renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition, and state of repair. (b) Service Contracts: Tenant shall., at Tenant's sole expense, procure and maintain at all times during the Lease Term contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in, the maintenance of the following equipment and improvements, if any, if and when installed on the Premises: (i) HVAG equipment and exhaust vents (to be serviced and maintained on no less than a quarterly basis), (ii) boiler and pressure vessels, (ill) clarifiers, (iv) grease traps and connected lines (to be emptied and cleaned on no less than a monthly basis). and (v) the Elevator and related elements (either by assumption of or a new Thyssenkrupp Elevator Corporation service contract). However, although Landlord shall at no time have any responsibility to do so. Landlord reserves the right, upon prior notice to Tenant, to procure and maintain any or all of such service contracts, and Tenant shall reimburse Landlord. upon demand, for the actual and reasonable cost thereof. (c) Failure to Perform: If Tenant fails to perform Tenant's obligations under this Paragraph 7.1, Landlord may enter upon the Premises after ten (10) days prior written notice to Tenant (or such longer period if such obligation is not capable of being cured within such 10-day period, and except in the case of an Emergency, in which case no notice shall be required), perform such obligations on Tenant's behalf, and put the Premises in good order, condition and repair, and Tenant shall promptly pay to Landlord a sum equal to one hundred ten percent (110%) of the reasonable out-of-pocket cost thereof. 7.2 Landlord's Obligations: (a) Subject to the provisions of Paragraphs 2.2 (Condition), 2.7 (Compliance), 4.2 (Common Area Operating Expenses), 6 (Use), 7 1 ('tenant's Obligations), 9 (Damage or Destruction) and 14 (Condemnation), and subject to reimbursement pursuant to Paragraph 4.2 and any Force Majeure Event, Landlord shall cause the HOA to keep in good order, condition, and repair the elements of the Project that HOA is obligated under the HOA Documents to maintain and repair, which may include foundations, plumbing and utility lines outside the Premises, exterior walls, structural condition of interior bearing walls, exterior roof, fire sprinkler system, Common Area fire alarm and/or smoke detection systems, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the Common Areas and all parts thereof, and Landlord shall cause HOA to provide the services for which there is a Common Area Operating Expense pursuant to Paragraph 4.2. In the event Landlord or HOA is required to repair or replace any plumbing or other utility line outside of the Premises as a result of damage caused by Tenant, its employees, contractors, agents, suppliers, vendors. or invitees, Tenant shall reimburse Landlord one hundred ten percent (110%) of the reasonable out-of-pocket cost of such repairs or replacement within fifteen (15) days after Landlord's demand therefor accompanied by supporting documentation. Landlord shall not be obligated to paint the exterior or Interior surfaces of exterior walls, nor shall Landlord be obligated to maintain, repair, or replace windows, doors, or plate glass of the Premises or Common Areas. Landlord Initial iP-- Page 17 of 38 Tenant lnitial C p'N yV NOTICE Thla submittal needs m ae scneaulee mr a pu"' hearing °raan� win emennm aet t°nn m me eiri nr Miami Cotle. Theapplies de tlecision-ma king C will Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent tvrih the ter NeW ego m nnaithepu"'hearingt° enaera tlation or a final tleciaon. Nolwthstandtng anything contained In this Lease to the contrary: (i) an the condition precedent that Tenant at all ! PZ-21-10925 Lease Term timely and property maintains the applicable electrical, plumbing, and HVAC systems under the app contracts required in Paragraph 7.1(b), Landlord shall be responsible for repairs to and replacements of the portions 04/04/23 major, existing electrical, plumbing, and HVAC systems that serve but are outside of the Premises and are within Landlor + other than those constructed, installed, or modified by Tenant after the Delivery Date, and; (tt) on the condition precedent tha at all times during the Lease Term timely and properly maintains the Elevator under the elevator service contract required in Parag 7.1(b). landlord shall be responsible For payment of any major repair or replacement costs of the Elevator that are not caused in whole or in part by an act oromission of Tenanl or its employees, agents, contractors, customers, or invilees and that are Incurred by Tenant in excess of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) per occurrence or service visit, it being agreed by the Parties that Tenant shall be responsible for all other costs of Elevator maintenance. repairs, and replacements (e.g„ for such casts that are less than or equal to $2,500,00 per occurrence or service visit, or caused in whole or in pan by an act or omission of Tenant or its employees, agents, contractors, customers, or invilees.) (b) "Force Majeure Event" shall mean any flood, earthquake or other act of God, strike,. lockout or other labor disturbance, war. terrorist act, riot, insurrection, civil commotion, embargo, shortage or unavailability of materials, supplies, labor. equipment, or systems, actual or threatened public health emergency (including, without limitation, outbreaks, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, orders, declarations or restrictions (including any states of emergency and quarantines imposed by a governmental entity or agency, and any government Imposed shelter -in -place orders, stay-at-home orders andlor restrictions on travel related thereto), or any similar event or condition beyond a Party's control, but only if and to the extent that same: (i) causes a delay in a Party's performance of an obligation under this Lease for a period in excess of five (5) consecutive business days; pi) does not arise out of the negligence, willful misconduct, or inefficiencies of such Party; and (ili) causes a delay that could not reasonably have been avoided through the exercise of commercially reasonable efforts of the Party. (iv) Notwithstanding the foregoing, in no event shall a Party's financial inability or fall ure to pay, or the occurrence of any of the foregoing events or conditions that may cause a Party's financial inability or failure to pay, be or be deemed an excuse to not pay any sum due under this Lease, it being understood and agreed by the Parties that all sums due under this Lease shall remain due and payable as and when due despite any "Force Ma`eure Evenl(s)". insurance; Indemnity. 8.1 Payment of Premiums: The cost of the premiums for insurance policies required to be carried by Landlord, pursuant to Paragraphs 8.2(b), 8.3(a) and 8.3(b), shall be a Common Area Operating Expense. Premiums for policy periods commencing prior to, or extending beyond, the Lease Term shall be prorated to coincide with the corresponding Commencement Date or Expiration pate. 8.2 Llablllty Insurance: (a) Carried by Tenant: Tenant shall obtain and keep in force a Commercial General Liability policy of insurance protecting Tenant and Landlord, Black Lion Investment Group, Inc., the HOA, any Lender(s) and property managers (designated by Landlord) as additional insureds against Claims arising from bodily injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such Insurance shall be on an occurrence basis providing single limit coverage In an amount not less than One Million Doilars ($1,000,000) per occurrence with an annual aggregate of not less than Two Million Dollars ($2,000,000), or the coverage limits required under the HOA Documents, whichever are greater. Landlord, Black Lion Investment Group, Inc., the HOA, and any Lender(s) and property manager(s) designated by Landlord shall be added to Tenant's policy as additional insureds by means of an endorsement at least as broad as the Insurance Service Organization's "Additional Insured -Managers or Landlords of Premises" Endorsement. The policy shall not contain any Infra -insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "Insured contract" for the performance of TenarA's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Tenant shall provide an endorsement on its Ilabtljry, pclicy(ies) which provides that ks insurance shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess Insurance only. (b) Carried by Landlord: Landlord shall maintain liability insurance as described in Paragraph 8.2(a), in addition to, and not in lieu of, the insurance required to be maintained by Tenant. Tenant shall not be named as an additional insured therein- (c) Additional Tenant Requirements: Tenant shall obtain and keep in force "All Risk" or "Special Causes of Loss" property insurance covering all physical loss to the Improvements, Alterations and Teri property in the Premises for their full replacement cost. Workers compensation insurance and employer's liability coverage insuring against any and all liability to third parties for damages resulting from bodily injury (or death resulting therefrom) or property damage including personal injury, in the amount of not less than a combined single limit of One Million Dollars ($1,000,000) and any applicable state disability Insurance as required by Law, covering all employees. If Tenant owns any motor vehicles (as opposed to motor vehicles owned by Tenant's employees) in conjunction with its operations at the Premises, motor vehicle liability insurance coverage, which shall be for limits of not less than those required by state law, shalt be maintained by Tenant pursuant to applicable state Law, or with the coverage limits required under the HOA Documents, whichever are greater, Tenant shall obtain and keep In force such other coverage as Landlord, the HOA, and any Lender may reasonably require with respect to the Premises, its use and occupancy and the conduct or operation of business therein; provided, homver, except for increases in the amounts andlor types of insurance coverage required by the HOA to be carried by Tenant, in no event may Landlord Increase the amounts or types of insurance coverage required to be carried by Tenant under this tease more often than once every five (5) years during the Lease Term. Landlord Initial Page 18 of 38 Tenant Initial NOTICE Thla submittal ­,ed— ­heaa�d m, a p0k nee""y — wkt t-11 : set font m tte City m Miami CWe. Theappllude tlecisi making bWywill 8.3 PropertyIns urance-8uIIdIn ,Im rovementsandRentalValue.- aw eeco T dsi�ts,"Zhea""92ore"aa,a !# p not oho b" aeciaon (a) Building and improvements: Landlord shall obtain and keep in force a policy or poiict PZ-21-10925 in the name of Landlord, with loss payable to Landlord, any ground landlord and any Lender, insuring loss or damage toNaMMOO 04/04/23 The amount of such insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall to lime, or the amount required by the HOA or any Lender, but In no event more than the commercially reasonableinsurable value thereof. Tenanl-Owned Alterations, Tenant -Owned Utility installations, Trade Fixtures, and Tenant's per shall be insured by Tenant in accordance with Paragraph 8.4. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct physical loss or damage (except the penis of flood andlor earthquake unless required by the HOA or a Lender), including coverage for debris removal and the enforcement of any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the result of a covered loss. Said policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverageamount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to which the Premises are located. If such Insurance coverage has a deductible clause, the deductible amount shall not exceed Twenty Thousand Dollars ($24,000) per occurrence.. (b) Rental Value: Landlord shall also obtain and keep in force a policy or policies In the name of Landlord with loss payable to Landlord and any Lender, insuring the loss of the full Rent for one (1) year with an extended period of indemnity for an additional one hundred eighty (180) days ("Rental Value Insurance"). Said insurance shall contain an agreed valuation provision In lieu of any coinsurance clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Tenant for the ensuing twelve (12) month period (c) Adjacent Premises: Tenant shall pay for any increase in the property insurance premiums for the Building, Common Areas and/or other buildings in the Project if said increase is caused by Tenant's willful acts, negligent omissions,. use or occupancy of the Premises. (d) Tenant's improvements: Since Tenant is the Insuring Party, Landlord shall not be required to insure Tenant -Owned Alterations or Tenant -Owned Utility Installations unless the item in question has become the property of Landlord under the terms of this Lease. 8.4 Tenant's Property; Business Interruption Insurance: (a) Property Damage: Tenant shall obtain and maintain Insurance coverage on all Trade Fixtures, Tenant -Owned Alterations, Tenant -Owned Utility installations, and all other personal property of Tenant. Such insurance shall be full replacement cast coverage with a deductible of not to exceed Twenty Thousand Dollars ($26,000) per occurrence. The proceeds from any such insurance shall be used by Tenant For the replacement of personal properly, Trade Fixtures, Tenant -Owned Alterations, and Tenanl-Owned Utility Installations. Tenant shall ,provide Landlord wilh written evidence that such insurance is in force. (b) Business interruption: Tenant shall obtain and maintain loss of Income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils commoniy insured against by prudent tenants in the business of Tenant or attributable to prevention of access to the Premises as a result of such penis. (c) No Representation of Adequate Coverage: Landlord makes no representation that the limits or forms of coverage of insurance specified herein are adequate to cover Tenant's property, business operations or obligations under this Lease. 8.5 Insurance Policies: Insurance required herein shalt be provided by companies duly licensed or admitted to transact business in the state where the Premises are located and maintaining during the policy term a"General Policyholders Rating" of at least 'A-, VII,' as set forth in the most current issue of "Bests insurance Guide," or such other rating as may be required by a Lender. tenant shall not do or permit to be done anything which invalidates the required insurance policies. Tenant shall, prior to the Delivery Date, deliver to Landlord certified copies of ,policies of such insurance or certificates evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after thirty (30) days prior written notice to Landlord. Tenant shall, at least ten (10) days prior to the expiration of such policies, furnish Landlord with evidence of renewals or 'insurance binders" evidencing renewal thereof, or Landlord may order such insurance and charge the cost thereol to Tenant, which amount shall be payable by Tenant to Landlord upon demand. Such policies shall be for a term of at least one (1) year, or the length of the remaining Lease Term, whichever is less. It either Party shall fail to procure and maintain the insurance required to be carried by it, and such failure continues for three (3) business days after its receipt of written notice from the other party, such other 'Party may, but shall not be required to. procure and maintain the same. Landlord may request that Tenant provide evidence of insurance at any time during the Lease Term, and Tenant shall provide same within three (3) business days of such request. Tenant's failure to reimburse Landlord for the reasonable out-of-pocket cost of any insurance policies maintained by Landlord as a result of Tenant's failure to maintain one or more required insurance policies shall be deemed an event of Default, and Landlord shall have any and all remedies available to it as set forth in Paragraph 13. 6.6 Waiver of Subrogation: Without affecting any other rights or remedies. Tenant and Landlord each hereby release and relieve the other, and waive their entire right to recover damages against the other, for loss of or damage to its property arising out of or incident to the perils required to be insured against herein. The effect of such releases and waivers is not limited by the amount of insurance carried or required, or by any deductibles applicable thereto. The Parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against Landlord or Tenant, as the case may be, so long as the insurance is not invalidated thereby. 8.7 indemnity: (a) Except in the event of Landlord's (or Landlord's pdricipals', agents`, and Lenders') negligence or willful misconduct. Tenant shall indemnify, protect, defend and hold harmless the Premises" the Landlord Parties, and Landlord's Lenders, from and against any and all Claims arising out of, involving, or in connection with, the use and/or occupancy of the Premises or the Project by or for Tenant. it any action or proceeding is brought against Landlord by reason of any of the foregoing matters, Tenant Landlord Initial �' Page 19 of 38 Tenant Initial NOTICE This submittal ne,dsm be schedules mr a po bec nexhng �orla wkt hmerme:set font h the City& Miami CWe. The appllude tlecision-making bWy will revlewihe information at the pubec hearing to ndtl , a mmentlation o, a final tleciaon. shalt, upon notice, defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord, and Landlord PZ-21-10925 with Tenant in such defense. Landlord need not have first paid any such claim in order to be defended or Indemnified. 04/04/23 (b) Except in the event of Tenant's (or Tenant's principals', agents', and tenders') negligen e misconduct, Landlord shall indemnity, protect, defend and hold harmless Tenant and its principals, agents, and lenders, against any and all Claims arising out or, involving, or in connection with Landlord's ownership of the its portion of the Project, operation of its portion of the Project outside of the Premises. If any action or proceeding is brought against Tenant by reason of awry of the foregoing matters, Landlord shalt, upon notice, defend the same at Landlord's expense, and Tenant shall cooperate with Landlord in such defense. Tenant need not have first paid any such claim in order to be defended or indemnified. 8.8 Exemption of Landlord and its Agents from Liability: Notwithstanding the negligence or breach of this Lease by Landlord or its agents, neither Landlord nor its agents shall be liable under any circumstances for: (a) injury or damage to the person or goods, wares, merchandise or other property of Tenant, Tenant's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air quality, the presence of mold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places: (b) any damages arising from any act or neglect of any other tenant of Landlord or from the failure of Landlord or its agents to enforce the provisions of any other lease in the Project, at: (c) injury to Tenant's business or for any toss of income or profit therefrom, Instead, it is intended that Tenant's sole recourse in the event of such damages or injury be to file a claim on the insurance policy(ies) that Tenant is required to maintain pursuant to the provisions of Paragraph 8, Damage or Destruction,. 9.1 Definitions. (a) "Premises Partial Damage" shall mean damage or destruction to the improvements on the Premises (other than Trade Fixtures, Tenant -Owned Alterations, and Tenant -Owned Utility Installations) that (i) can reasonably be repaired in nine (9) months or fees from the date of the damage or destruction, and (ii) affects less than thirty-five percent (35%) of the Premises. Landlord shall notify Tenant in writing within thinly (30) days from the date of the damage or destruction as to whether or not the damage is Premises Partial Damage or Premises Total Destruction (as defined in Paragraph 9.1(b)). Notwithstanding the foregoing, Premises Partial Damage shall not include damage to windows, doors, andlor other similar items which Tenant has the responsibility to repair or replace pursuant to the provisions of Paragraph 7.1. (b) r,Premises Total Destruction" shall mean damage or destruction to the improvements on the Premises (other than Trade Fixtures, Tenant -Owned Alterations, and Tenant -Owned Utility installations) that (i) cannot reasonably be repaired In nine (9) months or less from the date of the damage or destruction, and (ii) affects thirty-five percent (35%) or more of the Premises. Landlord shall notify Tenant In writing within thirty (30) days from the date of the damage or destruction as to whether or not the damage is Premises Partial Damage or Premises Total Destruction. (c) "Insured Loss" shall mean damage or destruction to improvements on the Premises (other than Trade Fixtures. Tenant -Owned Alterations, and Tenant -Owned Utility Installations) that was caused by an event required to be covered by the Insurance described in Paragraph 8.3(a), irrespective of any deductible amounts or coverage limits Involved- (d) "Replacement Cost" shall mean the cost to repair or rebuild the improvements owned by Landlord at the time of the occurrence to their condition existing immediately prior thereto, including demolition, debris removal and upgrading required by the operation of Applicable Requirements, and without deduction for depreciation. (e) "Hazardous Substance Condition" shall mean the occurrence or discovery of a condition involving the presence of, or a contamination by, a Hazardous Substance as defined in Paragraph 6.2(a) in, on, or under the Premises which requires repair, rernediation, or restoration. 9.2 Partial Damage - Insured Loss: If a Premises Partial Damage that is an Insured Loss occurs, then Landlord shall, at Landlord's expense, repair such damage (but not Tenant's Trade Fixtures, Tenant -Owned Alterations, or Tenant -Owned Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect, provided, however, that Tenant shall, at Landlord's election, make the repair of any damage or destruction the total cost to repair of which is Ten Thousand Dollars ($10,000) or less, and, in such event. Landlord shall make any applicable Insurance proceeds available to Tenant on a reasonable basis far that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the Insurance proceeds are not sufficient to effect such repair, the insuring Party shall promptly contribute the shortage in proceeds as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by reason of the unique nature of the Improvements. full replacement cost insurance coverage was not commercially reasonable and available, Landlord shall have no obligation to pay forthe shortage In Insurance proceeds or to fully restore the unique aspects of the Premises unless Tenant provides Landlord with the funds to cover same, or adequate assurance thereat, within ten (10) days following receipt of wrr€lten notioe of such shortage and request therefor. If Landlord receives said funds or adequate assurance thereof within said ten (10) day period, the Party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect Tenant shall not be entilled to reimbursement of any funds contributed by Tenant to repair any such damage ordestruchon. Premises Partial Damage due to flood or earthquake shall be subject to the terms of Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party. 9.3 Partial Damage • Uninsured Loss: If a Premises Partial Damage that is not an Insured Lass occurs, and the costs to repair such damage shall not exceed $200,000, then unless such damage was caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may either (a) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (b) terminate this Lease by giving written notice to Tenant within thirty (30) days after receipt by Landlord of knowledge of the occurrence of such damage. Such termination shall be effective sixty (60) days following the date of such notice. In the event Landlord elects to terminate this Landlord Initial Page 20 of 38 Tenant Initial _�T N. h4 1 NOTICE This submittal neetlsm be scneaulee mr a Po NG hearing °raa"� wim nman"g set t°nn n, tna eiri m Lease, Tenant shall have the right within ten (10) days after receipt of the termination notice to give Written noli Miami CW°. The applude tl°ci 1- making bWy will ntlef 8 "°""ergo-nddd.,o°;fi�a,"tle Tenant's commitment to pay for the repair of such damage without reimbursement from Landlord. Tenant shall provi ;aono PZ-21-10925 said funds or satisfactory assurance thereof within thirty (30) days after making such commitment. In such event, th continue in full force and effect and Landlord shall proceed to make such repairs as soon as reasonably possible after + 04/04/23 funds are available. If Tenant does not make the required commitment, this Lease shall terminate as of the date spec termination notice. _ 9.4 Total Destruction: Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, as determined by Landlord's independent general contractor, this Lease shall termtnate at Landlord's option, following such destruction, 9.5 Damage Near End of Tenn. If, at anytime during the last twelve (12) months of the Lease Term, there is damage that cannot reasonably be repaired in six (6) months or less from the date of the damage ordestruction or for Mich the cost to repair exceeds two (2) months' Base Rent, whether or not an Insured Loss, either Landlord or Tenant may terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving a written termination notice to the other within thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, If Tenant at that time has an exercisable option to extend this Lease or to purchase the Premises (and such option was not previously declined or lapsed), then Tenant may preserve this Lease by, (a) exercising such Option, in which event such damage shall be treated pursuant to the other terms of this Paragraph 9 as though the damage did not occur during the last twelve (12) months of the Term. 9.6 Abatement of Rent; Tenant's Rernodles: (a) Abatement: In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for which Tenant is not responsible under this Lease, the Rent payable by Tenant for the period required for the repair. remediation or restoration of such damage shall be abated in proportion to the degree to which Tenant's use of the Premises is impaired. All other obligations of Tenant hereunder shall be performed by Tenant, and Landlord shall have no liability for any such damage, destruction, remediation, repair or restoration except as provided herein. (b) Remedies: If Landlord is obligated to repair or restore the Premises and does not commence, in a substantial and meaningful way, such repair or restoration within one hundred eighty (180) days after such obligation shall accrue. Tenant may, at any time prior to the commencement of such repair or restoration, give written notice to Landlord and to any Lenders of which Tenant has actual notice, of Tenant's election to terminate this Lease on a dale not less than ninety (90) days fottowing the giving of such notice. If Tenant gives such notice and such repair or restoration is not commenced within thirty (30) days thereafter, this Lease shall terminate as of the date specified in said notice. If the repair or restoration is commenced within such thirty (30) days, this Lease shall continue in full force and effect. "Commence" shall mean either the unconditional preparation of the required plans, or the beginning of the actual work on the Premises, whichever fast occurs. 9.7 termination; Advance Payments: Upentermination of this Lease pursuant to Paragraph 6.2(g) or Paragraph 9, an equitable adjustment shall be made concerning advance Base Rent and any other advance payments made by Tenant to Landlord. Landlord shall, in addition, return to Tenant the Letter of Credit promptly when required under this Lease and to the extent Landlord has not drawn upon the same. 10. Real Property Taxes: 101 Definition: As used herein, the term "Real Property Taxes" shall include. but not be limited to, any form of assessment; real estate, general, special, ordinary or extraordinary, or rental levy or tax (other than personal income taxes); improvement bond:. and/or license fee imposed upon or levied against any legal or equitable interest of Landlord in the Project, Landlord's right to other income therefrom, and/or Landlord's business of leasing, by any authority having the direct or indirect power to tax and where the funds are generated with reference to the Project address and where the proceeds so generated are to be applied by the city, county or other local taxing authority of a jurisdiction within which the Project is located. The term "Real Property Taxes'shall also include any tax, fee, levy, assessment or charge, or any increase therein, (7 imposed by reason of events occurring during the Lease Term, including but not limited to, a change in the ownership of the Premises or Project, (0) imposed by reason of a change in the improvements thereon, and/or (iii) levied or assessed on machinery or equipment provided by Landlord to Tenant pursuant to the terms of this Lease. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included In the calculation of Real Property Taxes for such calendar year based upon the number of days which such calendar year and tax year have in common, 10.2 Payment of Taxes; Except as otherwise provided in Paragraph 10.3. Landlord shall expect the HOA to pay the Real Property Taxes applicable to the Project, and said payments shall be included in the calculation of Common Area Operating Expenses in accordance with the provisions of Paragraph 4.2. 10.3 Additional Improvements: Common Area Operating Expenses shall not include Real Property Taxes specified in the tax assessor's records and work sheets as being caused by additional Improvements placed upon the Project by other tenants or by Landlord for the exclusive enjoyment of such other tenants. Notwithstanding Paragraph 10,2 hereof, Tenant shall, however, pay to Landlord at the time Common Area Operating Expenses are payable under Paragraph 4.2, the entirety of any increase in Real Property Taxes if assessed solely by reason of Alterations, Trade Fixtures or Utility Installations placed upon the Premises by Tenant or at Tenant's request or by reason of any alterations or improvements to the Premises made by or on behalf of Tenant subsequent to the Delivery Date. 10.4 .Joint Assessment: it the Building is not separately assessed, Real Property Taxes allocated to the Building shall be an equitable proportion of the Real Property Taxes for all of the land and improvements included vdlhin the tax parcel assessed, such proportion to be determined by Landlord from the respective valuations assigned in the assessor's work sheets or such other information as may be reasonably available. Landlord's reasonable determination thereof, in good faith, shall be conclusive. Landlord Initial Page 21 of 38 Tenant Initial 1 NOTICE rnie subminal r,ed—­hetlaiee m, a p0k healing ­o,a— wkt hme11ne: set font m the city m Miami CWe. reVewihe The appllude tlecision-making bWy will information at the pubec hearing to re dtl , a 10.5 Personal Property Taxes: Tenant shall pay prior to delinquency all taxes assessed against a nzommentlation o, a final tleciaon. PZ-21-10925 Tenant -Owned Alterations, Tenant -Owned Utility Installations, Trade Fixtures, furnishings, equipment and all perso Tenant contained in the premises. When possible, Tenant shall cause its Tenant -Owned Alterations, Tenant- + 04/04/23 installations, Trade Fixtures, furnishings, equipment and all other personal properlyto be assessed and billed sepa.ratefy fr property of Landlord. If any of Tenant's said property shall be assessed with Landlord's real property. Tenant shall pay Lan • taxes attributable to Tenant's property within ten (10) business days after receipt of a written statement setting forth the to applicable to Tenant's property. 11. Utilities and Services: From and after the earlier to occur of the Delivery Date or the date of Tenant's taking possession of the Premises, Tenant shall pay for all water, sewer, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises, together with any taxes thereon, whether the charges for such services are billed to Tenant directly by the utility service provider or by Landlord. Notwithstanding the provisions of Paragraph 4.2, if at any time Landlord determines, in its sole but reasonable and good faith judgment, that Tenant Is using a disproportionate amount of water, electricity or other commonly metered utilities, or that Tenant is generating such a large volume of trash as to require an increase in the size of the trash receptacle and/or an increase in the number of times per month that it is emptied, then Tenant shall pay any actual increased costs as a result of such excess use. There shall be no abatement of Pent and Landlord shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service, whether provided by Landlord or others, due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Landlord's reasonable control or in cooperation with governmental request or directions. Assignment and Subletting: 12.1 Landlord's Consent Required: (a) Tenant shall not voluntarily or by operation of law assign, transfer, mortgage or encumber (collectively, "assign or assignment") or sublet all or any part of Tenant's interest in this Lease or in the Premises without Landlord's prior written consent in each instance, which consent shall not be unreasonably Wihheld, conditioned or delayed. It shall be deemed reasonable for Landlord to withhold consent to a proposed assignment or subletting if Tenant is in Default at the time consent is requested. Tenant's remedy for any breach of Paragraph 12.1 by Landlord shall be iimiled to injunctive relief. (b) A change in the control of Tenant shall constitute an assignment requiring consent. The transfer, on a cumulative basis, of fifty percent (50%) or more of the voting control of Tenant shall constitute a change in control for this purpose. (c) An assignment or subletting without consent In each instance shall, at Landlord's option, be a Default curable after notice per Paragraph 13,1(d) 12.2 Terms and Conditions Applicable to Assignment and Subletting: (a) Regardless of Landlord's consent, no assignment cr subletting shall (1) be effective without the express written assumption by such assignee of the obligations of Tenant under this Lease or the sublease being expressly subject and subordinate to the terms of this Lease, (il) release Tenant of any obligations hereunder, (iii) alter the primary liability of Tenant for the payment of Rent or for the performance of any other obligations to be performed by Tenant, or (iv) be to any tenant, occupant, or operator using the Premises for any use other than the Agreed Use. (b) Landlord may accept Rent or performance of Tenant's obligations from any person other than Tenant, pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Landlord's right to exercise its remedies for Tenant's Default or Breach. (c) In the event of any Default or Breach by Tenant, Landlord may proceed directly against Tenant or anyone else responsible for the performance of Tenant's obligations under this Lease, including any assignee or sublenant, without first exhausting Landlord's remedies against any other person or entity responsible therefor to Landlord, or any security held by Landlord- (d) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Landlord's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or subtenant, including but not limited to the intended use andfor required modification of the Premises, if any, together with a fee of One Thousand and No1100 Dollars ($1,000.00) as consideration for Landlord's considering and processing said request. Tenant agrees to provide Landlord with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 35) 12.3 Additional Terms and Conditlons Applicable to Subletting: The following terms and conditions shall apply to any subletting by Tenant of all or any part of the Premises and shall be deemed included in all subleases under this base, whether or not expressly incorporated therein: (a) Tenant hereby assigns and transfers to Landlord all of Tenant's interest in all Rent payable on any sublease, and Landlord may collect such Rent and apply same toward Tenant's obligations under this Lease; provided, however, that until a Breach shall occur in the performance of Tenant's obligalions, Tenant may collect said Rent. Landlord small not be liable to the subtenant for any failure of Tenant to perform and comply with any of Tenant's obligations to such subtenant. Tenant hereby irrevocably authorizes and directs any such subtenant, upon receipt of a written notice from Landlord stating that a Breach exists in the performance of Tenant's obligations under this Lease, to pay to Landlord all Rent due and to become due under the sublease. Subtenant shall rely upon any such notice from Landlord and shall pay all Rent to Landlord without any obligation or right to inquire as to whether such Breach exists, notwithstanding any claim from Tenant to the contrary. (b) to the event of a Breach by Tenant, Landlord may, at Its option, require subtenant to adorn to Landlord, in which event Landlord shall undertake the obligations of the sublandlord under such sublease from the time of the exercise of said Landlord Initial Page 22 of 38 Tenant Initial o' ! CE JrCNOTICE m �e�netla�ee m, a pabu�nee,�ny nmer�ne: set r°nnn,thecitymaibyoption to the expiration of such sublease; provided, however, Landlord shall not be liable for any prepaid rent or anyd„o,o°fi�alnae�iaonoentlefpaid by such subtenant to such sublandlord or for any Defaults or Breaches of such prior sublandlord. 21-10925 12.4 Permitted Transfers. Notwithstanding anything herein to the contrary, provided that such propose 04/04/23 not designed to avoid any obligalion of Tenant under this Lease or impair any right of Landlord under this Lease ---and Te + in Breach under this Lease at the time Immediately preceding such proposed transfer and has not committed more than one (1) material Default during the eighteen (18)-month period immediately preceding notice of or consummation of a Iransfer under Paragraph 12.4 (whichever occurs sooner) —Tenant may assign its interest under this Lease or sublet the Premises (or any portion thereof) without the consent of the Landlord to: (a) a parent company cr wholly owned subsidiary or Affiliate of Tenant; (b) any company which shalt own or control (directly or indirectly) the majority of all of the stock or membership Interests of Tenant (c) a corporation in which a majority of the stock is owned by the same shareholders who own or control a majority of the stock of Tenant; (d) any entity into which Tenant may merge or to which Tenant may sell all or substantially all of its assets or equity interest; or (e) any entity which may result from the consolidation at acquisition of Tenant or its parent entities who shall own or operate all of the restaurants under the Trade Name located in the United States (each being a "Permitted Transfer"), on the conditions in each case (a) through (e) that: (I) Tenant gives Landlord at least thirty (30) days' prior mitten notice of such Permitted Transfer, provided that Tenant's failure to provide such notice regarding the Permitted Transfer described in subsection (b) above shall not disqualify such Permitted Transfer; (it) Tenant, included with the aforesaid notice of proposed Permitted Transfer, provides Landlord the then -current financial statements of Tenant and of the Permitted Transferee; (iii) the surviving entity,. assignee or subtenant, as applicable (the "Permitted Transferee"), has a net worth at least equal to the net worth of Tenant as of the Effective Date hereof; (iv) the Permitted Transferee shall use the Premises only for the Agreed Use; (v) the Permitted Transferee specifically assumes in writing all of Tenant's obligations herein; and (vi) such transfer shall not release the Tenant from any obligations under Ihis Lease. 13. Default; Breach; Remedies: 13.1 Default; Breach: A "Default" is defined as a failure by Tenant to comply with or perform any of the terms, covenants, conditions or Rules and Regulations of this Lease. A"Breach" is defined as the occurrence of one or more of the following Defaults, and the failure of Tenant to cure such Default within any appficabie cure period: (a) The abandonment of the Premises; or the vacating of the Premises without providing a commercially reasonable level of security, or where the coverage of the property insurance described in Paragraph 8.3 is jeopardized as a result thereof. or without providing reasonable assurances to minimize potential vandalism and not curing such Default with five (5) days written notice. (b) The failure of Tenant to timely (I) make any payment of Rent or fumish an initial or renewed Letter of Credit required to be made or furnished by Tenant hereunder, (fi) provide Landlord reasonable evidence of insurance, or (iii) fulfill any obligation under this Lease, which failure endangers or threatens life or property, and where such failure of Tenant with regard to said clauses (i), Ili), or (iii) continues for a period of three (3) business days following written notice to Tenant. (c) The commission of waste, an act or acts constituting public or private nuisance, and/or an illegal activity on the Premises by Tenant. where such actions continue for a period of three (3) business days following mitten notice to Tenant. (d) The failure by Tenant to timely provide (i) reasonable written evidence of compliance with Applicable Requirements, (ii) the service contracts, (iii) the rescission of an unauthorized assignment or subletting, (iv) any requested Estoppel Certificate, (v) any requested subordination agreement, (vi) (intentionally omitted), (vil) arty document requested under Paragraph 39, (viv) material data safety sheets (MSDS), or (ix) any other documentation or information which Landlord may reasonably require of Tenant under the terms of this Lease, where any such failure mentioned in this paragraph continues for a period of five (5) business days following written notice to Tenant. (e) A Default by Tenant as to other terms, covenants, conditions or provisions of this Lease, including, but not limited to, the rules adopted under Paragraph 2 16 hereof and Paragraphs 49 through 66, other than those described in Subparagraphs 13A(a), (b), (c) or (d), above, where such Default continues for a period of twenty (20) days after written notice; provided, however, that it the nature of Tenant's Default is such that more than twenty (20) days are reasonably required for its cure, then it shall not be deemed to be a Breach if Tenant diligently commences such cure within said Twenty (20)-day period and thereafter diligently prosecutes such cure to completion. (f) The occurrence of any of the following events: (1) the making of any general arrangement or assignment for the benefit of creditors; (ii) becoming a "debtor" as defined in 11 U.S.0 §101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the some is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this subparagraph is contrary to any applicable Law, such provision shall be of no force or effect. and shall not affect the validity of the remaining provisions. (9) The discovery that any financial statement of Tenant given to Landlord was materially false. (h) Intentionally Omitted. (I) The failure by Tenant to provide its annual financial reports as required In Paragraph 4.4, where any such failure continues for a period of five (5) business days following written notice to Tenant. 13.2 Remedies: if Tenant fails to perform any of its affirmative duties or obligations within the applicable cure period provided for above after written notice (or in case of an Emergency, without notice). Landlord may, at its option, perform such duty or obligation on Tenant's behalf, Including but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses. ,permits or approvals. Tenant shall pay to Landlord an amount equal to one hundred ten percent (110%) of the costs and expenses incurred by Landlord in such performance upon receipt of an invoice therefor. In the event of a Breach of any nature whatsoever, Landlord may, with or without further notice or demand, and without limiting landlord in the exercise of any right or remedy which Landlord may have at law or in equity by reason of such Breach: Landlord Initial & Page 23 of 38 Tenant, Initial —LT NOTICE Thla su bmi"t neetlsm be`heaulee mr a pubec hearing -o,aam�wkh hr,e[ inset torah in me eirim Miami CWe. The appliud, decision -making bWy will L tiat the public hearing to rendl, a (a) Terminate Yenant's right to possession of the Prerrsises by any lawful means, fin wkriehenda inn o, zfinzl eecia onshall terminate and Tenant shall immediately surrender possession to Landlord. In such event, Landlord shall be en-21-10925from Tenant (i) the unpaid Rent which had been eamed ai the time of terminaten; (4) the worth at the time of award of which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of su4/04/23that Tenant proves could (rave been reasonably avoided; (iii) the worth at the time of award of the amount by whiofa the for the balance of the Lease Term after the time of award exceeds the amount of such rental toss that Tenant proves c • reasonably avoided; and (iv) any other amount necessary to compensate Landlord for all the detrlment proximately caused by Tena failure to perform its obligation , under this Lease or which, in the ordinary course of things, would be likely to result therefrom, including but not limited to the cost of recovering possession of The Premises, expanses of reletting, including necessary renovation and alteration of the Premises, reasonable altorneys' fees, and that portion of any leasing commission paid by Landlord in connection with this Lease applicable to the unexpired Lease Term. The worth at the time of award of the amount referred to in provision (iii) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the District within which the Premises are located at the time of award plus one percent (1 %), Efforts by Landlord to mitigate damages caused by Tenant's Breach of this Lease shall not waive Landlord's right to recover damages under Paragraph 13. If termination of this Lease's obtained through the provisional remedy of unlawful detainer, Landlord shall have the right to recover in such proceeding any unpaid Rent and damages as are recoverable therein, or Landlord may reserve the right to recover all or any pan thereof in a separate suit. If a notice and grace period required under Paragraph 13.1 was not previously given, a notice to ,pay rent or quit, or to perform or quit given to Tenant under the unlawful detainer statute shall also constitute the notice required by Paragraph 13.1. In such case, the applicable grace period required by Paragraph 13.1 and the unlawful detainer statute shall run concurrently, and the failure of Tenant to cure the default within the greater of the two (2) such grace periods shall constitute both an unlawful detainer and a Breach of this Lease, entitling Landlord to the remedies provided for in this Lease andlor by said statute. (b) Continue this Lease and Tenant's right to possession and recover the Rent as it becomes due, in which event Tenant may sublet or assign, subject only to reasonable limitations. Acts of maintenance, efforts to Wet, and/or the appointment of a receiver to protect Landlord's interests shall not constitute a termination of Tenant's right to possession. (e) Pursue any other remedy now or hereafter available under the laws or judicial decisions of the state in which the Premises are located The expiration or termination of this Lease and/or the termination of Tenant's right to possession shall not relieve Tenant from liability under any Indemnity provisions of this Lease as to matters occurring or accruing during the Lease Term or by reason of Tenant's occupancy of the Premises. 13.3 Intentionally Omitted. 13A Late Charges: Tenant hereby acknowledges that late payment by Tenant of Rent will Cause Landlord to Incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and date charges which may be imposed upon Landlord by any Lender. Accordingly, if any Rent shall not be received by Landlord on or before the fifth (51h) day of the month then, without any requirement for notice to Tenant, Tenant shall immediately pay to Landlord a one-time Late Charge if due pursuant to Paragraph 1.15 above. The Parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of such late payment. Acceptance of such Late Charge by Landlord shall in no event constitute a waiver of Tenant's default or Breach with respect to such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder. 13.6 Breach by Landlord: (a) Notice of Breach: Landlord Shall not be deemed in breach of this Lease unless Landlord fails within a reasonable Lime to commence to perform an obligation required to be performed by Landlord. For purposes of this Paragraph, a reasonable time shall in no event be less than thirty (30) days after receipt by Landlord, and any Lender whose name and address shall have been furnished to Tenant in writing for such purpose, of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are reasonably required for its performance, then Landlord shall not be in breach if performance Is commenced within such thirty (30)-day period and thereafter diligently pursued to completion (but in no event longer than ninety (913) days). (b) Performance by Tenant on Behalf of Landlord: In the event that neither Landlord nor Lender cures said breach within thirty (30) days after receipt of said notice, or If having commenced said cure they do not diligently pursue It to completion, then Tenant may elect to cure said breach at Tenant's expense and offset from Rent the actual, reasonable, out of pocket cost to perform such cure; provided, however, that such offset shall not exceed an amount equal to one (1) month of Base Rent, reserving Tenant's right to reimbursement from Landlord for any such actual, reasonable, out of pocket cost in excess of such offset. Tenant shall document the cost of said cure and supply said documentation to Landlord. Notwithstanding anything to the contrary contained herein, and except as otherwise set forth in Article 13 above, in no event shall either Landlord or Tenant be liable to the other for any consequential or punitive damages (including but not limited to lost profits) in respect of any Breach by such party, and any liability of Landlord shall be limited to Landlord's interest in the Premises and the Project (including all rental, sales, insurance and condemnation proceeds therefrom). 14. Condemnation: If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "Condemnation"). this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. It more than fifteen percent (IS%) of the floor area of the Premises is taken by Condemnation. Tenant may, at Tenant's option, to be exercised in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Tenant does not terminate this Lease in accordance with She foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent and Tenant's Proportionate Share shall be reduced in proportion to the reduction of the Premises caused by such Condemnation Condemnation awards and/or payments shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Tenant shall be entitled to any compensation paid by the condemnor for Tenant's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the Landlord Initial Page 24 of 38 Tenant Initial LNE t,�t r�.+C "' k y VTICE �g�neaak•d m,a pu Mg hea,�'y t-11 e: set r°nn n, the citympllude tl°cis- making bWy willprovisions of this Paragraph. All Trade Fixtures, Tenant -Owned Alterations, and Tenant -Owned Utility Installatiod�., rz Inzlnnediaon° °"tla`aPremises by Tenant, for purposes of Condemnation only, shall be considered the property of Tenant and Tenant s-21-10925any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Landlord shall repair any damage to the Premises caused by such Condemnation. /04/23 15, Intentionally Omitted. 16. Estoppel Certificates: (a) Each Party (as "Responding Party") shall within ten (10) calendar days after written notice from the other Party (the "Requesting Party") execute, acknot "e and deliver to the Requesting Party a statement in writing in form similar to the then most current "Estoppel Certificate," plus such additional information, confirmation and/or statements as may be reasonably requested by the Requesting Party- (b) If the Responding Party shall fall to execute or deliver the Estoppel Certlfcate within such ten (10j-- calendar day period, the Requesting Party may execute an Estoppel Certificate stating that (i) this Lease is in full force and effect without modification except as may be represented by the Requesting Party, (ii) there are no Uncured Defaults in the Requesting Party's performance, and (III) If Landlord is the Requesting Party, not more than one (1) month's rent has been paid in advance. Prospective purchasers and encumbrancers may rely upon the Requesting Party's Estoppel Certificate, and the Responding Party shall be estopped from denying the Inrth of tha facts contalned in saki Estoppel CerI frcale. 17. Definition of Landlord: Time term "Landlord" as used herein shall mean the owner or owners at the time in question of the fee title to the Premises, or, if this Is a sublease, of subiand lord's Interest In the sublease. In the event of a transfer of Landlord's fide or interest in the Premises or this Lease, Landlord shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit or Letter of Credit held by Landlord. Upon such transfer or assignment and written assumption by the transferee, as aforesaid, the prior Landlord shall be relieved of all liability with respect to the obligations andier covenants under this Lease thereafter to be performed by Landlord. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by Landlord shall be binding only upon Landlord as hereinabove defined. 18. Severabllity: The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof, 19, Days. Unless otherMse specifically indicated to the contrary, the word "days" as used in this Lease shall mean and refer to calendar days. 20. Limitation ort Liability: The obligations of Landlord under this Lease shall not constitute personal obligations of Landlord's partners, members, managers, directors, officers, shareholders, employees, agents, or representatives, and Tenant shall took to Landlord's interest in the Project (inctuding all rental, sales, insurance and condemnation proceeds therefrom), and to no other assets of Landlord, for the satisfaction of any liability of Landlord with respect to this Lease, and shall not seek recourse against Landlord's partners, members, managers, directors, officers, shareholders, employees, agents, or representatives, or any of their personal assets, for such satisfaction. The obligations of Tenant under this Lease snail not constitute personal obligations of Tenant's partners, members, managers, directors, officers, shareholders, employees, agents, or representatives, and Landlord shall not seek recourse against Tenant's partners, members, managers, directors, officers, shareholders, employees, agents, or representatives, or any of their personal assets, for the satisfaction of any obligations hereunder. 21. Time of Essence: Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease. 22. No Prior or Other Agreements: This Lease contains all agreements between the Parties with respect to any matter mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effective. 23, Notices: 23.1 Notice Requirements: All notices required or permitted by this Lease or applicable law must be in writing and must be delivered via (i) personal delivery with receipt acknowledged in writing, (ii) Certified or Registered U.S. mail with delivery confirmation and postage prepaid (0) nationally recognized courier such as UPS or FedEx with tracking information and delivery confirmation, or (iv) electronic mail transmission (e-maii) with no "undeliverable" or similar receipt or automatic response. The notice Shall be deemed sufficiently given if served in any manner specified. The addresses noted in Paragraphs 1.6 and 1.7, and in Tenant's signature block in this Lease shall be that Party's address for delivery or mailing of notices. Landlord may by written notice to Tenant specify a different street address for notice (i.e-. no P.O. Box address is permitted). Tenant may by written notice to Landlord specify a different street address for notice (i.e., no P.D. Box address Is permitted). A copy of all notices to Landlord shall be concurrently transmitted to such party or parties at such addresses as Landlord may from time to time hereafter designate in writing. 23.2 Date of Notice. Any notice sent by means as mentioned in Paragraph 23.1 shall be deemed given an the date of delivery shown on the receipt card, delivery confirmation report or tran smisston confirmation report This provision applies to written notices only. Payments, 3-Day Notices and 5-Day Notices shall be deemed delivered on the date they are received or refused. 24, Waivers: (a) No waiver by either Party of the Default or Breach of any term, covenant or condition hereof by the other Party shall be deemed a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach by such Party of the same or any other term, covenant or condition hereof Such Party's consent to, or approval of, any act shall not be Landlord Initial Page 25 of 38 Tenant Initial h4 . 1 NOTICE This dudn,m needsin de IdWed bra d0k h—ing °edn� win tn,erin. set f°nh in me city nr deemed to render unnecessary the obtaining of the other Party's consent to, or approval of, any subsequent orsimila Miami Code. The appllud, de°iom making bWy will mndo na,"tle ;aono entle`a Party. or be construed as the basis of an estoppel to enforce the provision or provisions of this Lease requiring such (b) The acceptance of Rent by Landlord shall not be a waiver of any Default or Breach PZ-21-10925 payment by Tenant may be accepted by Landlord on account of money or damages due Landlord, notwithstanding a + 04/04/23 statements or conditions made by Tenant in connection therewith, which such statements and/or conditions shall be of effect whatsoever unless specifically agreed to in writing by Landlord at or before the time of deposit of such payment � (c) THE PARTIES AGREE THAT THE TERMS OF THIS LEASE SHALL GOVERN WITH REGARD ALL MATTERS RELATED THERETO AND HEREBY WAIVE THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE EXTENT THAT SUCH STATUTE IS INCONSISTENT WITH THIS LEASE. 25. Right of F1rstRefusal to Purchase the Premises. In the event Landlord decides to sell the Premises, then on the condition that Tenant is not then in any Default under this Lease beyond any applicable notice and cure periods, Landlord shall provide notice to Tenant of Landlord's intent to sell the Premises and the material terms and conditions of such sale, which Landlord shall determine in good faith ('Notice of Sale'). Tenant shall have a right of first refusal to purchase the Premises upon the terms and conditions stated in Landlord's Notice of Sale (exclusive of closing costs, proralions, credits, and deductions), before Landlord offers it for sale at any price to any other potential buyer, by providing Landlord with written notice of Tenant's intent to purchase the Premises ("Tenant's Purchase Notice") within three (3) business days after Tenant's receipt of the Notice of Sale, time being of the essence; provided that Tenant may not exercise said right if a Default by Tenant exists beyond any applicable notice and cure periods or Tenant is not then occupying the entire Premises. In the event that Tenant, in Tenant's Purchase Notice, accepts all of the terms and conditions of Landlord's offer in the Notice of Sale, the Parties shall in good faith negotiate a purchase and sale agreement based on said terms and conditions stated in the Notice of Sale, which agreement shall require closing on said purchase and sale transaction to occur not later than Ihirty (30) days after the dale of Landlord's recelpt of Tenant's Purchase Notice. Notwithstanding any provision in this Lease to the contrary, in the event that Landlord and Tenant, despite using good -faith efforts, do not fully execute and mutually deliver to one another the purchase and sale agreement vrithin ten (10) days after Landlord's receipt of Tenant's Purchase Notice, Tenant's right of first refusal to purchase the Premises shall (automatically and without need for rioticey be void and of no further force or effect, and Landlord thereafter shall have the right to pursue other buyers for the Premises, to the event Tenant rejects or fails to respond or agree in full to all of the terms of Landlord's offer in the Notice of Sale within the time provided for hereinabove, there shall be a conclusive presumption that Tenant has elected NOT to exercise Tenant's purchase right hereunder, Tenant shall be deemed to have forever and irrevocably waived its rights under this Paragraph 25, Tenant's right of first refusal to purchase the Premises shall be null and void and of no further force or effect, and Landlord skull have the right to pursue other buyers for the Premises. The right to purchase the Premises under this Paragraph 25 belongs to Named Tenant alone, cannot be transferred, and automatically and without notice is rendered void and of no further force or effect in the event of an assignment, subletting, or lermination of Tenant's interest under this Lease. 26. No Right to Holdover: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of the Lease Term. In the event that Tenant holds over, then the Base Rent shall be Increased to one hundred fifty percent (150%) of the Base Rent applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. 27. Cumulative Remedies: No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or In equity. 28. Covenants and Conditions; Construction of Agreement: All provisions of this Lease to be observed or performed by Tenant are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as If both Parties had prepared it, 29. Binding Effect; Choice of Law: This Lease "it be binding upon the Parftes, their personal representatives, successors and assigns and be governed by the Laws of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shall be initiated in the county in which the Premises are located. 30. Subordination; Attornment; Non -Disturbance: 30.1 Subordination: This Lease and any Option granted hereby shall be subject and subordinate to arty ground lease, mortgage, deed of trust, or other hypothecation or security device (collectively, "Security Device") now or hereafter placed upon the Premises, to any and all advances made on the security thereof, and to all renewals, modifications, and extensions thereof. Tenant agrees that the holders of any such Security Devices (in this Lease, together referred to as "Lender") shall have no liability or obligation to perform any of the obligations of Landlord under this Lease. Any Lender may elect to have this Lease and/or any Optic granted hereby superior to the lien of its Security Device by giving written notice thereof to Tenant, whereupon this Lease and such Option shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordation thereof. 30.2 Attornment: In the event that Landlord transfers title to the Premises, or the Premises are acquired by another upon the foreclosure or termination of a Security Device to which this tease is subordinate, (a) Tenant shall, subject to the non - disturbance provisions of Paragraph 30.3, attom to such new owner, and upon request, enter into a new lease, containing all of the same terms and provisions of this Lease, with such new owner for the remainder of the Lease Term, or, at the election of the new owner, this Lease will automatically become a new lease between Tenant and such new owner, and (b) Landlord shall thereafter be relieved of any obligations first arising or occurring on or after the effective date of the applicable transfer or foreclosure, and such new owner shall assume all of Landlord's future obligations, except that such new owner shall not be (i) liable for any act or omission of any prior landlord or with respect to events occurring prior to acquisition of ownership, (tt) subject to any offsets or defenses which Landlord Initial � Page 26 of 38 Tenant Initial _ . NOTICE This subn,ma[ need — be scIdtlu d b, a public hearing °menu wkn emenne� set t°nn m me eiri nr Miami Cotle. The appliwde tlecision-making bWy will Tenant might have against any prior landlord, (iii) bound by prepayment of more than one (1) month's Rent, or (Iv) lie N`wa o min"elihepabdearingt° enaera tleti°n or a final deciaon. of any security deposit paid to any prior landlord which was not paid or credited to such new owner. PZ-21-10925 30.3 won -Disturbance: With respect to Security Devices entered into by Landlord after the Effective 04/04/23 Lease, a precondition to Tenant's subordination of this Lease shall be Tenant receiving a commercially reasonable non- + agreement (a "Non -Disturbance Agreement") from the Lender, which Non -Disturbance Agreement provides that � possession of the Premises, and this Lease, including any Options to extend the term hereof, will not be disturbed so long as Ten is not In Breach hereof and atlorns to the record owner of the Premises. Further, within sixty (601 days after the execution of this Lease, Landlord shall, if requested by Tenant in writing, use Its commercially reasonable efforts to obtain a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. 30.4 Self -Executing: The agreements contained in this Paragraph 30 shall be effective without the execution of any further documents; provided, however, that upon written request from Landlord or a Lender in connection with a sale, financing, or refinancing of the Premises, Tenant shall execute the Lender's Non -Disturbance Agreement (provided the same is commercially reasonable) within ten (10) calendar days of Tenant's receipt of same, and Tenant and Landlord shall execute such further writings as may be reasonably required to separately document any subordination, altommenl andlor Non-Dislurbance Agreement provided for herein. 31. Attorneys' Fees: if any Party or Broker brings an action or proceeding involving the Premises, whether founded in tort, contract or equity, or to declare rights hereunder, the Prove fling Party (as hereafter defined) in any such proceeding, action, or appeal thereon shall be entitled to its actual, out-of-pocket attomeys' fees and experts' fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limitation, a Party of Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment. or the abandonment by the other Party or Broker of its claim or defense As used in this Lease, attorneys' fees, experts' fees, and court costs and expenses shall mean the full and actual costs and expenses of all legal and expert services actually performed, expenses actually incurred, and all court and filing costs, In connection with the matters Involved, calculated (with respect to said professional fees) on the basis of the usual fees charged by the attorneys and experts performing such services, and shall not be limited to "reasonable attomeys' fees" or the like, as defined in any statute, rule of court, or other applicable Law. To the maximum extent permitted by applicable statutes, rules of the court, and other applicable Laws, the award of attorneys' fees and experts' fees shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys'fees and experts' fees actually incurred. In addition, Landlord shall be entitled to attorneys'fees, costs and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach (f11e Parties agree that Two Hundred and No/100 Dollars ($200.00) is a reasonable minimum per occurrence for such services and consulfation). 32. Landlord's Access; Showing Premises; Repairs: Landlord and Landlord's agents shall have the right to enter the Premises at any time, in the case of an Emergency, and otherwise at reasonable times after not less than twenty-four (24) hours' prior written notice (and in the presence of a Tenant representative) for the purpose of. (a) showing the same to prospective purchasers, Lenders, or tenants; (b) Inspecting the Premises; (c) making such alterations, repairs, improvements or additions to the Premises as Landlord may deem necessary or reasonably desirable, and; (d) for the erecting, using and maintaining of utillties, services, pipes and conduits through the Premises and/of other premises, as long as there is no material adverse effect on Tenant's use of the Premises or more than a de minfmfs reduction of the square footage or usable area of the Premises. All such activities shall be without abatement of Rent or liability to Tenant. 33. OFAC: Each Party hereby covenants that neither it nor any of its affiliates, nor any of their respective partners, members, Shareholders or other equity owners, and none of their respective employees, officers, directors, representatives, or agents, Is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury (including those named on OFAC's Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action. 34. Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord may elect to continue any or all existing subtenancies. Landlord's failure within ten (10) days following any such event to elect to the contrary by written notice to the holder of any such iesser interest, shall constitute Landlord's election to have such event can slltute the termination of such interest. 35. Consents: Except as otherwise provided herein, wherever in this Lease the consent of a Party is required to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. Landlord's actual reasonable costs and expenses (including but not limited to architects', attorneys', engineers' and other consultants' fees) incurred in the consideration of, or in response to, a request by Tenant for any Landlord consent, including but not limited to consents to an assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Tenant upon receipt of an invoice and supporting documentation therefor (but in no event shall any such costs exceed $1,500 00 in the aggregate per request). Landlord's consent to any act, assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Tenant of this Lease exists, nor shaft such consent be deemed a waiver of any existing Default or Breach, except as may be otherwise specifically stated in writing by Landlord at the time of such consent. The failure to specify herein any particular condition to Landlord's consent shall not preclude the imposition by Landlord at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for Mich consent is being given. In the event that either Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination, time determining Party shall furnish its reasons in writing and in reasonable detail within ten (10) business days following such request. Landlord Initial Page 27 of 38 Tenant Initial H NOTICE missunmrtfal neeas«bes�nea�lee w� a P�bu� nea�m9 �o,dan�e win urne1—s�form n, me cis of Miami CMe. The applicade dxiEn making body will 36. Quiet Possession: Subject to payment by Tenant Of the Rent and performance of all of the covenants �ewNe�o mae�ea , rr fiml deg n° eneera provisions on Tenant's part to be observed and performed under this Lease, Tenant shall have quiet possession and PZ-21-10925 Of the Premises during the Lease Term. 04/04/23 37. Options: If Tenant is granted Options (defined below). as specified in Paragraph 1.18, then the following provi + apply' 37.1 Definition: "Option" shall mean the right to extend the term of or renew this Lease for a specific period of time as further specified in Paragraph 1.18. 37.2 Options Personal to Original Tenant and any Permitted Transferee: Any Option granted to Tenant in this Lease is personal to Named Tenant and any Permitted Transferee, and cannot be assigned or exercised by anyone other than said original Tenant or such Permitted Transferee, as the case may be, and only while the original Tenant or such Permitted Transferee. as the case may be, is in full possession of the Premises and, if requested by Landlord, with Tenant or such Permitted Transferee, as the case may be, certifying that Tenant has no inteniion of thereafter further assigning its interest in this Lease or subletting the Premises (except to a Permitted Transferee), 37.3 Multiple Options: In the event that Tenant has any multiple Options, a later Option cannot be exercised unless the prior Options have been validly exercised. 37.4 Effect of Default on Options: (a) Tenant shall have no right to exercise an Option (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the time Tenant is in Breach of this Lease, or (tii) in the event Tenant has been given two (2) or more notices of separate Default. whether or not the Defaults are cured, during the eighteen (18)• month period immedtalely preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shalt not be extended or enlarged by reason of Tenant's inability to exercise an Option because of the provisions of Paragraph 37.4(a). (c) An Option shall terminate and be of no further force or effect, notwithstanding Tenant's due and timely exercise of the Option, fit, after such exercise and prior to the commencement of the extended term Tenant commits a Default of this Lease. 37.5 Requirements of Exercising an Option: Tenant shall be entitled to extend the Lease Tern as provided in Paragraph 1,18. subject to Tenant complying with the following requirements: (a) Tenant must give Landlord written notice of its exercise of an Option to extend this Lease for the additional term (an "Option Term"), in compliance with Paragraph 23, at least two hundred seventy (270) days, but not more than three hundred sixty-five (365) days, prior to the Lease Term expiring, or the right to exercise the Option will terminate and be void, time being of the essence. If said notification of the exercise of said Option (i) Is not so given by Tenant or (ii) is not received by Landlord or (iii) does not comply with the notice requirements mentioned in Paragraph 23. the Option shall automatically expire and be null and void. (b) All of the terms and conditions of this Lease, except where specifically modified by the Option Terms as mentioned in Paragraph 1.18. shall apply during the Option Terris. 37-6 Determining Market Rental Value: Landlord will determine the Market Rental Value ("MRV") for the Premises based on other prevailing lease rates for premises within the Project as well as other similar properties and premises. It, within thirty (30) days after the notice of the timely exercise of an Option by Tenant is received by Landlord. Landlord and Tenant do not agree to the MRV: then both Landlord and Tenant shall each immediately select and pay the respective appraiser or broker of their choice to astablish a MRV within the ensuing thirty (30) days, with each party to pay the cost and expense of such party's own appraiser or broker. If for any reason either one of the appraisals is not Completed within the ensuing 3D days as slipulated, then the appraisal that is completed at that time shalt be the new MRV If both appraisals are completed and the two appraiserslbrokers cannot agree on the MRV. then those appraisers shall immediately select a third mutually acceptable appraisedbroker to select either Landlord's or Tenant's appraiserlbroker s determination that is cioser to the MRV within the following thirty (30) days, with the cast and expense of such appraiserlbroker to be split evenly between the parties, and the Base Rent for the first twelve (12) Months of the applicable Option Term shall be ninety-five and zero tenths percent (95.0%) of such finally established MRV, which annual Base Rent shall increase on every anniversary of the first day of the Option 'term by three and zero tenths percent (3.0%). Each appraiserlbroker appointed hereunder shall be a real estate leasing broker who shall (a) have been aclive over the ten (10)-year period ending on the date of such appointment in the teasing of the Project or comparable projects, (b) have no financial interest in Landlord or Tenant, and (c) not have represented or been employed or engaged by the appointing party during such 10-year period. 38. Security Measures: Tenant hereby acknowledges that the Rent payable to Landlord hereunder does no[ include the cost of guard service or other security measures, and that Landlord shall have no obligation whatsoever to provide same. Tenant assumes all responsibility for the protection of the Premises, Tenant, Its agents and invitees and their properly from the acts of third parties. 39. Reservations: So long as the same will not resull in material interference with Tenant's operation of the Agreed Use at the Premises, Landlord reserves the right to (a) grant, without the consent or joinder of Tenant, such easements, rights and dediCeti on9 that Landlord deems necessary, (b) cause the public recordation of parcel maps, restrictions, and memoranda of this Lease in a form determined by Landlord in its sole and absolute discretion, and (C) create andlor install new utility raceways, so long as such easements, rights, dedications, maps, restrictions and utility raceways do no[ unreasonably interfere with the use of the Premises by Tenant. Tenant agrees to sign any documents reasonably requested by Landlord to effectuate such rights. Landlord Initial � Page 28 of 38 Tenant Initial fy NOTICE This subminal needs to be I heduled t, a pubuc hearing no,dan,e wid, umenne; set torah m me city or Miami ccde. The applicade dxisi making body will L ,at the pubuchearingtnder40. Performance Under Protest: If at any time a dispute shall arise as to arty amount or sum of money toendation orz InzldNg'Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserled she-21-10925to make payment "under protest" and such payment shall not be regarded as a voluntary payment. and thereshallson the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligatio4/04/23 of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof a legally required to pay. A Party who does not initiate suit or make a claim for the recovery of sums paid "under protest' within months shall be deemed to have waived its right to protest such payment. 41. Authority; Multiple Parties; Execution: (a) If either Party hereto is a corporation, trust, limited liability company. partnership, or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within thirty (30) days after request, deliver to the other Party satisfactory evidence of such authority. (b) If this Lease is executed by more than one (1) person or entity as "Tenant," each such person or entity shall be jointly and severally liable hereunder. It is agreed that any one of the named Tenants shall be empowered to execute any amendment to this Lease, or other document ancillary lherel©, and bind all of the named Tenants, and Landlord may rely on the same as If all of the named Tenants had executed such document. (c) This Lease may be executed by the Parties in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 42. Conflict: Any conflict between the printed provisions of this Lease and the handwritten provisions that have been initialed by both Landlord and Tenant shall be controlled by the handwritten provisions. Any handwritten provisions that have not been initialed by both Landlord and Tenant shall not be binding not have any force or effect on this Lease. 43. Offer: Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an offer to lease 10 the other Party. This Lease is not intended to be binding until mutually executed. 44. Intentionally Omitted, 45, Amendments: This Lease contains all agreements between the parties with respect to any matter mentioned herein, and no verbal, proper or contemporaneous agreement or understanding shall be effective. This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification. As long as they do not materially change Tenant's obligations hereunder. Tenant agrees to make such reasonable non -monetary modifications to this Lease as may be reasonably required by a Lender in connection with the obtaining of normal financing or refinancing of the Premises. 46 Jury Waiver: THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROJECT OR ARISING OUT OF THIS AGREEMENT. 47. Americans with Disabilities Act: Since compliance With the Americans with Disabilities Act ("ADA") is dependent upon Tenant's specific use of the Premises, Landlord makes no warranty or representation as to whether or not the Premises comply with the ADA or any similar legislation, except as specifically set forth in Paragraph 2.7 above. in the event that Tenant's use of the Premises requires modifications or additions to the Premises in order to be in compliance with the ADA or any similar legislation, Tenant agrees to make any such necessary modifications andfor additions at Tenant's expense. Landlord shall be responsible for making modifications to the Premises at Landlord's expense only to the extent the same are not, as of the Effective Date hereof, compliant with ADA for the previous restaurant use that existed prior to the Effective Date. 48- No Recordation; Confidentlallty. Neither this Lease nor any portion thereof may be recorded in any public records, provided, however. Landlord alone shall promptly record a memorandum of this Lease in form and substance deterin ned by Landlord (and reasonably acceptable to Tenant) (the "MOL"), which MOL shall include a provision setting forth the relevant aspects of Tenant's right of first refusal to purchase the Premises under Paragraph 25 hereof, all on the strict condition precedent to recordation that Tenant, simultaneously with its delivery of an executed counterpart of this Lease to Landlord, also deliver to Landlord a Discharge of Memorandum of Lease in form and substance determined by Landlord in its sole but reasonable discretion, signed by Tenant and acknowledged by a notary public for Tenant, to be held in trust by Landlord's counsel. Tenant and its Related Parties agree to keep all material terms of this 'Lease and all amendments hereto strictly confidential (subject to the MOL) and not to communicate or disseminate any information to any third party, except Tenant's attorneys, accountants and hired professional consultants, without the prior written consent of Landlord 49. Intentionally Omitted, 50. Intentionally Omitted. 51, Intentionally Omitted. 52. Intentionally Omitted. 53. Intentionally Omitted. 54 Flammable or Combustible Materials: Tenant shall not keep or store any flammable or combustible materials inside or outside of the Premises. 55. Intentionally Omitted. Landlord Initial Page 29 of 38 Tenant Initial 56 Intentionally Omitted. 57. Intentionally Omitted. 58. lntentlonally Omitted, 59 Intentionally Omitted. 60. intentionally Omitted. f� NOTICE This submittal needs t, b, I heduled for, pubuc hearing cord,,,, 4a mel'mes set fonh in the City of Miami Ccde. The applic, de dxision--ha g body will renewN inform ,a the pubuc hearing to rend era recomrnentladon or a final d„i9 on. PZ-21-10925 04/04/23 61. Use of the Premises: Subject to Section 6.1, Tenant shall not use or permit the Premises to be used for any unlawful, disreputable, or immoral purpose or in any way that will injure the reputation of the Project. Subject to Section 6 1, Tenant shall not permit any activities in the Premises which may create or cause noise levels which are audible outside the Premises and disturbing to neighboring residences, other tenants or their customers or employees. 62. Intentionally Omitted. 63 Observance of Rules by Employees. Tenant shall be responsible for the observance of all of the foregoing Rules and Regulations by Tenant's employees, agents, clients, customers, inviteas and guests. 64. Additional and Supptemental Rules: Tenant agrees to comply with all uniformly enforced, additional and supplemental Rules and Regulations upon prior written notice of same from Landlord andlf]r the HOA. 65. Waiving of Rules: Landlord may waive any one or more of these Rules and Regulations for the benefit of any particular tenant or tenants, but no such waiver by Landlord shall be construed as a waiver of such Rules and Regulalions in favor of any other tenant or tenants, nor prevent Landiord from enforcing thereafter any such Rules and Regulations against any or all of the tenants of the Project. otherwise, all such Rules and Regulations shall, to the extent under Landlord's control, he generally applied and enforced against all tenants of the Project consistently and equitably. Landlord shall not act in a discriminatory fashion against Tenant in the enactment or enforcement of the Rules and Regulations In relation to the other tenants at the Building or the Project. 66. Conclusion. These Rules and Regulations are a part of this Lease and shall not be construed to in any way modify or amend in whole or in part the terms, covenants. agreements and conditions of this Lease. TENANT CONSTRUCTION CRITERIA 67. (a) Tenant Work, In General: As a material consideration for the execution by Landlord of this Lease. Tenant agrees to perform the Tenant Work (as defined in Paragraph (c) below) in the Premises with quality using only first-class materials and workmanship. Notwithstanding the foregoing or anything to the contrary in this Lease, any deficiency andlor construction shall be solely the responsibility of Tenant. Tenant agrees to abide by all applicable governmental Laws, covenants or restrictions of public record. regulations and ordinances in effect on the Delivery Hate, NOTE: Tenant Is responsible for determining whether or not the Applicable Requirements and especially the zoning are appropriate for Tenant's Intended use, and acknowledges that past uses of the Premises may no longer be allowed. (b) Supervision of Tenant Work: At Tenant's expense, Tenant shall engage the services of an on•sile project manager approved in advance by and reasonably acceptable to Landlord, who will be charged wilh the task of performing daily Supervision of the Tenant Work. Such on -site manager shall be familiar with the rules and regulations of the Project, if any, the construction rules and regulations and construction procedures for the Property, if any, and all personnel of the Property engaged directly or indirectly in the management, operation and construction of the Property. Such on -site project manager shall be accountable and responsible to Tenant and to Landlord and shall serve as a liaison between Landlord and Tenant with respect to the Tenant Work. Such on -site project manager shall communicate with Landlord and Tenant on a daily basis with respect to the progress of the Tenant Work and any decisions or directions to be made by Landlord andlor Tenant. (c) Specifics of Tenant Work: Subject to the provisions hereof, Tenant, at its sole cast and expense, shall perform all work required 10 complete the Premises 10 a finished condition ready to be opened for business to the general public in accordance with the provisions hereof and of this Lease ("Tenant Work"). The Tenant Work shall conform to the criteria, procedures. and schedules set forth herein and in this Lease and shall include, without limitation, the following: (I) To place fixtures in the Premises in a first class manner comparable to other new restaurants, lounges or bars of a similar nature in similar projects. (ii) intentionally Omitted. (lit) All stacks, vents. openings. or penetrations of any kind through the roof desired by Tenant shall first be approved in writing by Landlord and then be installed by a roofing contractor approved by Landlord. Such work shall be at Landlord's direction. In the event Tenant shall make such openings or roof penetralions, Tenant shall be solely liable for all costs and expenses to restore, reissue or recertify the warranty issued for the original roof and for any costs to repair leaKs or damage resulting therefrom caused in whole or in part by such openings or such roof penetrations. (iv) Any proposed changes in floor level or any underfloorwork shall first be approved in writing by Landlord and then be done by Tenant's contractor at Tenant's direction. (v) At interior areas indicated by Landlord. Install Landlord -approved acoustic dampening material, (vi) To deliver to Landlord for approval or disapproval, prior to submitting same to governmental authorities and within the time period provided in Paragraph 2.2. all drawings and plans with respect to the Tenant Work or any additional Landlord Initial Page 30 of 38 Tenant Initial NOTICE This submittal needs t° be schedWed b, a p0k hearing �°rden� wkh en,erIne� sett°nh m the Citym Miami Code. The appllude decision -making bWy will requirements of Tenant, which plans shall conform in all respects with the agreements of Landlord as above stated, s �awae ��abon at tha pabec heating to n dara in a manner satisfactoryto Landlord, and shall be sufficient in all respects —°""" ndtl .norafina1tleL1— peas se that necessary building permit(s) can PZ-21-10925 (vii) Tenant shall furnish Landlord with partial and final waivers of lien(s) from all persons p or supplying materials w th a value exceeding five Thousand and Noll00 Dollars ($5,000.00) on behalf of or to Tenant 04/04/23 Wth the performance of the Tenant Work at the Premises, showing that the obligations ownng to all such persons ref performance of any work for Tenant in or about the Premises have been satisfied in full (vill) Tenant, its agents, contractors, and any third party hired by Tenant shall obtain and keep In to Commercial General Liability policy of Insurance or Construction Insurance protecting Tenant and the Landlord Parties as addilional insureds against Claims for bodily Injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy, presence at or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than One Million Dollars ($1,000,000) per eocurrencer with an annual aggregate of not less than Two Million Dollars ($2,000,000). Tenant shall add Landlord as an additional insured by means of an endorsement at least as broad as the Insurance Service Organization's "Additional Insured -Managers or Landlords of Premises" Endorsement. The policy shall not contain any Intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant's indemnity obligations under this Lease. The limits of said insurance shall not, howtever, limit the liability of Tenant nor relieve Tenard of any obligation hereunder. Tenant shall provide an endorsement on its Ilabillty policy(ies) which provides that its insurance shall be primary to and not contributory with any similar insurance carried by Landlord. whose insurance shall be considered excess insurance only, (ix) Tengnt will be kin her reaurred I abtain -at yermils reouired far the Tenant Work and a Certificate of 0coultf}Ny Pr lQuIliv lent dacumfml from the proper oayernmenla! agency. including but not limited to. City. 'State, and rederal agencies. (Signatures appear on the next page) Landlord Initial Page 31 of 38 'tenant Initial _� NOTICE 'd I eetl to te• h tl lee fo p bn n wing a­w�n rtonn th. trim k y M -Cotl Theappl d tl. gbWwill LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM A m� t m p bkh et ae'a CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTA a� Zld PZ-21-10925 THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TE 04/04/23 RESPECT TO THE PREMISES. • ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY LANDLORD OR BY ANY BROKER AS TO LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES, THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES. THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY OF THE PREMISES, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS OF THE PREMISES, COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, AND THE SUITABILITY OF THE PREMISES FOR TENANT'S INTENDED USE.. LANDLORD: RJR CL, L.L.C„ an Illinois limited Zia ty company��� By: Robert Rivani, eManager 1 Federal ID No.: �V Email: info@blactdionig.com TENANT: Delilah Miami. LLC, a Delaware limited liability company By Name Printed: A; 'A f Title:_ Federal]]I__d No. Email: �Jl�l 4h E r41�Q�G Address` ! (.Ydf �u►n �,�]rj g L w"'i too W- a��1 Telephone: I�P Cell Phone: 314 0 Landlord initial Page 32 of 38 Tenant Initial . NOTICE EXHIBIT A Thla sabm al neetlsm be sch.dWed brz p0k h.,i,y — ,d— wkn ema1 fonh i, ma City m Mlami Cotle. The appliwde tlecision-making bWy will SITE PLAN �ewme mmeo eatio o°a%�alae iaoe nde a PZry 21-10925 namai02 /L " denotes the boundaries of. and further defines the term. "Premises" as used in this Lease. Landiard Ii;ital Page 33 of 38 Tenant Initial —�_r _1� 9A_ H NOTICE This subminal needs to be shetluled for a pubLc hearing yu EXHIBIT B no�ean�e winurnenn�;s� fonh in the cis of Miami cMe. The applica de tlxision-making bWywR renewN infoima of the pub4c hearingto render. recommentlahon or a final deci9on. F RM OF CONFIRMATI N NOTICE ACCEPTANCE OF PREWSES PZ-21-10925 AND ACKNOWLEDGEMENT OF DATES / 04/04/23 THIS CONFIRMATION NOTICE, ACCEPTANCE OF PREMISES, AND ACKNOWLEDGMENT OF DATES ("Agreement") is made effective as of the day of , 202_, by and bet-veen RJR CL, L.L.C., an Illinois limited liability company ("Landlord "), and Delilah Miami, LLC, a Delaware limited liability company ('Tenant" ). Background' A. Landlord and Tenant entered into a Commercial Lease (Triple Net) having an Effective Date of March 12. 2021, for certain real property (the "Premises") located in the City of County of State of _ _ , having an address of (together with any amendments thereto, the "Lease"), and B. it is the desire and intent of Landlord and Tenant to clearly set forth certain dates defined in the Lease. Agreement; Landlord and Tenant acknowledge and agree as follows' 1. Acceptance of Premises. As of , 2021. Tenant has accepted possession of the Premises, is the actual occupant in possession of the Premises- and has not sublet. assigned or otherwise transferred its interest in the Premises. All improvements to be constructed on the Premises by Landlord, if any. have been completed and accepted by Tenant. The Premises were In acceptable condition and were delivered in compliance with all of the requirements of the Lease. 2. Delivery hate. The Delivery Date under the Lease is. and the Premises were delivered from Landlord to Tenant on, -2021. 3. Commencement pate. The Commencement Date of the Lease is March 12, 2021, 4, Rent Commencement Date. The Rent Commencement Date is defined in the Lease as the earlier to occur of (a) the Opening Date, or (b) four hundred fifty (450) days after the Delivery Date: therefore, the Rent Commencement Date is 202 5. Abated Rent Periods . Base Rent and Tenant's Share charge shall be abated from the Delivery Date of 2021. until the Rent Commencement Date of 2l)2 6. Original Term. The Original Term of the Lease will commence on March 12, 2021, and will expire at 11:59 p.m., local time of the State in which the Premises are located. an , 203 7 Options to Renew. The Lease provides for Two (2) Option Periods of Five (5) years each. a. Exercise of Options. Tenant shall provide written notice to Landlord of its election to exercise an Option to renew at least two hundred seventy (270) days, but not more than three hundred sixty-five (365) days, prior to the expiration date of the then -current lease term. 9. Amendments; Ratification, The Lease has not been modified, altered or amended in any respect, except for The Lease is now in full force and effect and all terms and conditions of the Lease are ratified and confirmed by this Agreement. 10. No RecordRt€on. Landlord and Tenant agree that this document will not be recorded in any public records. Including the real estate records of the county where the Premises are located. Landlord Initial Page U of 38 Tenant Initial _ 5 ) 1 NOTICE Thls submittal needsto be echeda�dbra p0k hexhng -.,d— wkh hme1 ronh h, the City & Miami Cotle. The appliwde tlecision-making hotly will ewihe information at the pub4c hearing to rentler a IN WITNESS WHEREOF. Landlord and Tenant have executed this Agreement as of the day and year first fe1A �ommend�ono�e,;nalde�iaon PZ-21-10925 LANDLORD: 04/04/23 RJR CL, is-L-C., � an Illinois limited liability compaf �_ t By I a Robert Rivani, fta ,S// :r Allil TENANT: Delilah hl•ana, f a Delaware lin,tted �bIltty cqm 0") By Name: As Landlord. Initial Page 35 of 38 Tenant Initial Y� f� NOTICE 7n�s....,afal.eeas«bes�nea�lee w� a P�bu� neahn9 y �+ ...... wi�nurnen.�;s�tonh n, me ciry or EXHIBIT L MiamiCMe.Theapplicade Puision-rnak9gb dywll renew Neinfoima�an at the b4c hearin to renders reeo.,rnenaaeo. q� a fi.zl ee�iso.. F RM OF IRREVOCABLE LETTER OF CREDIT PZ-21-10925 04/04/23 Beneficiary- RJR CL, L.L.0 Letter of Credit No.. [ l Date: L ] L__J, 2021 Ladies and Gentlemen: At the request and for the account of Delilah Miami, LLC, we hereby estabGstt our Irrevocable Letter of Credit in your favor in the sum Of and "I100 United States Dollars (US $C . 1) available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by your signed and dated statement worded as follows. "The undersigned, an authorized representative of RJR CL, L.L.C., an Illinois limited liability company ('Len ford'), hereby certifies that one or more of the following has occurred. (1) Delilah Miami, LLC, a Delaware limited liability company ("Tenant"). is in default under that certain Commercial Lease (Triple Net) made effective as of March 12, 2021 (as amended and otherwise modified, the "Lease") entered or succeeded into by and between Landlord and Tenant, and Landlord is entitled to draw under the Letter of Credit, and/or-, (2) Tenant failed to deliver a replacement Letter of Credit at least thirty (30) days prior to the then -current expiration dale of the existing Letter of Credit," Partial drawings are permitted. (More than one draft may be drawn and presented under this Letter of Credit). Each draft must be marked "Drawn under [Name of Bank] Letter of Credit No. [ 1." Each draft must also be accompanied by the original of this Letter of Credit for our endorsement on this Letter of Credit of our payment of such draft. This Letter of Credit expires at our above office on C_ 1 (_J, 202L], but shall be automatically extended, without written amendment or notice, to L _ 1 L-____], 202L_j, in each succeeding calendar year unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice, which shall be at least forty-five (45) calendar days after the date we send you such notice (the'Exolration Dale"). Upon our sending you such notice of the non -renewal of this Letter of Credit, you may also draw under this Letter of Credit by presentation to us at our above address, on or before the Expiration Date, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: -The undersigned, an authorized representative of RJR CL, L.L.G., an Illinois limited liability company, hereby certifies that we have received notice from [Name of Bank T that Letter of Credit No. [ J will not be renewed beyond the current expiration date and that we have not received a replacement Letter of Credit as provided in that certain Commercial Lease (Triple Net) made effective as of March 12, 2021 (as amended and otherwise modified, the "Lease"), entered or succeeded into by and between Landlord and Delilah Miami, LLC, a Delaware limited liability company ( Tenant')." This Letter of Credit is transferable one or more times, but in each instance only in the full amount available to be drawn under this Letter of Credit at the time of each transfer. Any such transfer may be effectuated only through ourselves and only upon presentation to us at our above -specified office of a duly executed instrument of transfer in substantially the format attached hereto as Exhibit 1 together with the original of this Letter of Credit. Any transfer of this Letter of Credit may not change the place of expiration of this Letter of Credit from our above -specified office. Each transfer shall be evidenced by our endorsement on the reverse of the original of this Letter of Credit, and we shall deliver the original of this Letter of Credit so endorsed to the transferee. Each such transfer will be effectuated at no cost to Landlord or Beneficiary- Any transfer fee to be paid to us for a transfer will be payable solely by the applicant, but the payment of any such transfer fee will not be a condition to the validity or effectiveness of such transfer or this Letter of Credit, Transfer to any restricted party on the U.S. Treasury Department Office of Foreign Assets Control list of specially designated national and blocked entities and any other parties whom U.S, companies are prohibited from doing business with according to U.S. law is prohibited. If any instructions accompanying a drawing under this Letter of Credit request that payment be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the account number identifies a person or entity different from the intended payee. This Letter of Credit is subject to the most recently revised Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No, 600, and engages us in accordance therewith. Land lord Initial �� Page 36 of 38 Tenant Initial We hereby engage with you that each draft drawn and presented to us in material compliance With the terms of will be duly honored by payment to yeu of the amount requested.. Very truly yours, [NAME OF SANK) BY (Authorized Signature) /� NOTICE Th1s submidal needs in be sch.dWed for a p0fic hearing �orden� wkh t—lin. set ronh in the City & MI_ od Ce. The appliud, decision- making bWy will re'ew the ntonnalion at the pubec hearing to render a recommendation or a final deciaon. PZ-21-10925 04/04/23 Landlord i nr wA - Page 37 of 38 Tenant Initial _ 3elf EXHIBIT 1 TO (NAME OF BAAfKj LETTER OF CREDIT NO, [ /y NOTICE rnieeabminel ­,ed—­heda�dm,a p0k healing — wkt tm 11—set font m the City m Miami CWe. Theapplude tlecisi making bWywill re�ewihe infoenation at the pebec hearing to render a nzommentlation o, a final deciaon. PZ-21-10925 TO: [fill in name and address of Bank] 04/04/23 Date: I 11 1, 2021 LETTER OF CREDIT INFORMATION Bank Letter of Credit No.: For value received, the undersigned beneficiary of the above -described Letter of Credit (the "Transferor') hereby irrevocably assigns and transfers all ils rights under the Letter of Credit as heretofore and hereafter amended, extended or increased (the "Credit') to the following transferee (the "Transferee'). Name of Transferee Address By Ihis transfer, all of our rights in the Credit are transferred to the Transferee, and the Transferee shall have sole rights as benefi under the Credit, including, but not limited to, sole rights relating to any amendments, whether increases or extensions or other amendments, and whether such amendments are now existing or hereafter made ADVICE OF FUTURE AMENDMENTS: You are hereby irrevocably instructed to advise future amendment(s) of the Credit to the Transferee without Transferor's consent or notice to the Transferor. Enclosed are the original of the Credit and the original of all amendments to this date. Please notify the Transferee of this transfer and of the terms and conditions of the Credit as transferred. This transfer will not become effective until the Transferee is so notffed. TRANSFEROR'S SIGNATURE GUARANTEED BY By. — Printed Name Title: FORMAT AGREED TO AND ACCEPTED BY: APPLICANT BY (Authorized Signature) [Transferor's Name] By: Printed Name: Title: Landlord Initial Page 38 of 38 Tenant Initial C p'N yV NOTICE Thls submittal needs to be sch.dWed b, a p0k hexhng — wkh eme11— set ronh m the City m mi— Code. The applude tlecision-making bWy will reVewihe information at the pubec hearing to mode' a nxommentlation or a final deciaon. PZ-21-10925 04/04/23 M-4_ _, 2022 RE: DELILAH MIAMI, LLC 801 Brickell Bay Drive #4CL41 Miami, FL 33131 Folio # 01-4207-001-5100 To Whom it may concern: I &X-4- �;tqy as of RJR CL, LLC, Landlord of the property referenced above, allow DELILAH MIAMI, LLC (Tenant) to go forth with filing an Exception/Warrant Application with the City of Miami for an Alcohol Service Establishment. f Signature 7—ou'rr e;'joili as MAnADi nq M cmb u of RJR CL, LLC The foregoing instrument was acknowledged before me this day of . 2022, by , as of RJR CL, LLC, who appeared by means t7 physical presence or ❑online notarization, at the time of notarization, and who is personally known to me or who has produced as identification. NOTARY PUBLI My CommXsion Expires: CA cel �� �1�aC/7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NOTICE Thla su bmidal newish be echedui dbra pO hearing �nraan� wkh hmenne: aet torah m me city & Miami Code. The appllude decision -making bWy will reVewthe information at the pubec hearing to re,d,, a recommendation or a final deciaon. PZ-21-10925 04/04/237 CIVIL C r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ) On d _ '�J"LZbefore me,' 1y11i; NiC. I�%t�t'Ci�7,,f Date Her � Name and Title of the Officer r— personally appeared Names of Si Hers who proved to me on the basis of satisfactory evidence to be the perponSA whose name( is/4 subs ribed to the within instrum t and acknowledged to me that he/si-}It executed the same i his/h r/toeir authorized capacity(i s), and that b his/hW/t*r signature(o on the instrument the person(}., or the entity upon behalf of which the person(acted, executed the instrument. %MY ANDRES B. MIDENCE Notary Public - California Los Angeles County �Commission X 2349926 Comm. Expires Mar 3, 2025 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and i 'al s i. Signature --- Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached E Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 HWood Group / Deliliah (PREAPP-22-0120) t-limea trorn Asana ❑ Sandra J Iglesias: HWood Group / Deliliah (PREAPP-22-0120) Application Type: Exception Requested Pre -Application Meeting Date: May 16, 2022 Applicant Information: First and Last Name: HWood Group / Deliliah Applicant Information: Mailing Address: c/o Greenspoon Marder LLP, 600 Brickell Avenue, 36th Floor, Miami, FL 33131 Applicant Information: Email Address: kim.rasnake@gmlaw.com Applicant Information: Telephone Contact Information: 3057892766 Owner Information: First and Last Name: Reference Only Owner Information: Mailing Address: 905 Brickell Bay Drive, Miami, FL 33131 Owner Information: Email Address: kim.rasnake@gmlaw.com Owner Information: Telephone Contact Information: 3057892766 Project Representative: First and Last Name: Kim Rasnake Project Representative: Email Address: kim.rasnkae@gmlaw.com Project Representative Role: Attorney Name of Proposed Project: Hwood Group/Deliliah 411y!arR� NOTICE mis eobnidal needs m ­h.&w d mr a pbk healing In accortlanre wM1h hmeI — sH forth in the City & Miami CWe. The appliwh, bs—n-naXing bWy will renew the inbrn ,at the pubc hearing to rend,,e recommendation nr z final eeciaon. PZ-21-10925 \\ 04/04/23 Folio Number(s): `11Y f1p,f . :SaF w 0142070010001 NOTICE This s�bm�nai neeas m re. s�neaw•.e mr a p�be� bearing in a�Wra wimen,d s1 citym Property Street Address or Nearest Intersection: —m"g M„ wig°ae.The�pphaae°�"'°"-ma"i"gb°a,." theinmrmati°n a��he pubic hearing �° rentlere °mmenaati°" or � nnai eeua°". 801 Brickell Bay Drive, Miami, FL 33131 PZ-21-10925 04/04/23 Existing Zoning: Multi -Family, High Density (Over 25 DU/Gross Acre) Existing Use: 35 What do you intend to propose with your application?: Exception Description of Project: As per exception application submitted - see PZ-21-10925. Specific questions or issues to be discussed at the pre -application meeting.: As per LOI submitted with PZ-21-10925. Identify staff with whom you have already discussed this project with.: Earlene Lutes - we were unaware that a pre -application meeting was required for exceptions and told today (5/13/22) that they have been required since 10/6/21; original exception application was filed on 6/30/21 but still in pre-screen status. This task was submitted through Request a Pre -Application Meeting https://form.asana.com/?k=HOLO-fU5Nt8XBaScJF3gzQ&d= 140285375905038 Asana created this task. 8 minutes ago Asana added to Pre -Application Project Board. 8 minutes ago Sandra J Iglesias assigned to you. 4 minutes ago Sandra J Iglesias moved this Task from "New Requests" to "Project Created " in Pre -Application Project Board. 4 minutes ago Sandra J Iglesias changed Application Type to "Exception ". 4 minutes ago Sandra J Iglesias changed the name to "HWood Group / Deliliah (PREAP P-22-0120)". Show Original 3 minutes ago `,1 f1p� " r -- s k - I City of Miami :�TI NOTICE F� Planning Department Th, a�odal�e» hme h�, o�h�PheCity& * INC991 9991f9 Marni CW The appWcade tleclsion-rnaXing bWywlll 99 SQ, renewtheinlcrmation a9 the pub9c hearing 9°renE_ <t\ x Pre -Application Meeting Summary °mmentl 5 PZ�04/04/23 2110925 Pre -Application Meeting ePlan ID.: PREAPP 22-002 Tuesday, July 12, 2022 Project Manager Name: Darren Murphy Title: Planner II Email: dmurphy@miamigov.com Telephone No: 305-416-1428 Meeting Participants Meeting Attendees: Name Email Telephone number 1. Darren Murphy dmurphy(a)_miamigov.com 305-416-1428 2. Rafael Rodriguez Jr. rafaelrodriguez@miamigov.com (305) 416-1438 3. Kim Rasnake kim.rasnake@gmlaw.com 4. Mari Cou-Martin mari.cou-martin@gmlaw.com 5. Jaqueline Ellis jellis@miamigov.com 305-416-1446 6. Joshua Remedios joshua.remedios@gmlaw.com About the Proper4, Property Information: 905 BRICKELL BAY DR; Folio 0142070010001 pplicant /Property wner: 905 Brickell Bay Drive, Miami, FL 33131 Contact Info: Kim Rasnake,kim rasnake@gmlaw.com wrier Representative: Enter Te): Contact Info: 305-789-2766 ommission District: D-2 Commissioner Ken Russell eighborhood Service Center (f/k/a NET istrict): Downtown/Brickell Svc Area Properties involved: 905 BRICKELL BAY DR 801 BRICKELL BAY (ALIAS) Information to Review for All Applications Do any of the properties involved fall within the following areas? (Select Yes/No) 1. A DRI area: Yes 2. Urban Central Business District: Yes 3.An Historic designated area: Yes 4. Residential Density Increase Areas: Yes 5. A High Hazard Area: No 6. Edgewater Intensity Increase Area: No 7. A CRA: No 8. Health/Civic Center District: No 9. Miami River: No 10. Wellfield Protection Area: No 11. Little River: No 12. An Arch. or Environmental Protected Area: Yes 13. Regional Activity Center: Buena Vista Yards or Health District Regional Activity Center (DHRAC): No Submitting applications/pre-applications into ePlan - Be mindful of the City's online checklists. These provide guidance as to specific requirements, especially important administrative requirements for successful applications. Important updates are made from time Rev. 5/19/2021 City of Miami *� INCA81 OPPIfO Planning Department �� 0 W%-- Pre -Application Meeting Summary 411y!arR� NOTICE ThI b dt I eetl b be h &u de p bk hearing tl re wMt 1' eforth th Clty& M ' CW The appl d tl lsi X g bwy will th bnna4 'tth p bch gt tlere mm da finale PZ-21-10925 \\ 04/04/23 to time. Be sure to use the checklists that are accessed online and avoid saving checklist --�� you avoid relying on outdated information. Become familiar with the naming conventions that are referred to on the checklists. Failure to comp y wil these naming conventions will significantly delay your application. Use the Pre -Application meeting time to ensure there is clarity on naming conventions. Access information on checklists here: https://www.miamigov.com/Services/Building- Permitting/Permitting-Forms-Documents Application Type(s) (List All): ®Exception ❑Waiver ®Warrant []Warrant Modification ❑Variance ❑Special Dist. Permit []Rezone ❑Special Area Plan ❑Future Land Use Map Change ❑Minor Modification ❑Temporary Use on Vac. Land ❑Interim Parking ❑MUSP Modification []Class II Modification ❑Special Appearance ❑ Other, explain I. Special Permit Request Detail Is project expected to involve 200,000 square feet of floor area or more? Yes What are the zoning Transects for the subject project and the approximate area for each Transect? Transect Approximate Area Proposal (Use, Design, Other) * T6-48A-0 5,179 square feet Uses: Alcohol Service Establishment, Outdoor Dining Area, and Marin Related Commercial Is there a site plan to review? Yes Site Plan Feedback A Site Plan is required, with a BBL Covenant / Unity of Title Will a covenant or Unity of Title be proffered? No The earlier an applicant involves City staff in the covenant or Unity of Title, the more efficient the review of the document will be. Covenants and Unities of Title require separate applications in a -Plan, now. Be sure you and the applicant know how to proceed durina the Pre -Application process. if applicable. Comments from Other Disciplines If staff from other City Departments have reviewed materials provided by the applicant for this Pre -Application Meeting, the Project Manager shall present all comments here, as applicable. NOTE: All comments are merely provided for consideration for an eventual application submittal and they do not construe any approval, nor do they imply future approval. Rev.2/1/2022 2 City of Miami INCA81 OPPIfO Planning Department �� 0 W%-- Pre -Application Meeting Summary 411y!arR� NOTICE ThI b dt I d b be h.& ed b p bk h Ing tl wMt 1' of rth th Clty& M CW The appl d tl I- X g bwy wil th reo m� 'tth p b h gt th ce ndffi., or z final tlec aon. PZ-21-10925 k, n4m4i9.,i Department Status Notes, if applicable Paste from Project Dox —�� Letter of Intent Planning N/A Department • The letter of intent (LOI) must indicate how the Use conforms to standards related to the proposed use and transect zone. LOI must be consistent with the plans and include: • Proposed Location of the Outdoor Dining (property address, folio number, and description of the outdoor dining within the property) • The existing and proposed uses on the property - is the outdoor dining an extension of a restaurant? • The number of both seats and tables including handicap - accessible tables for the interior and exterior areas. • Parking requirements - how is the applicant going to park its patrons in the indoor dining area of the Food Service Establishment? o Note: Microfilm records of the recently approved parking configuration are required. Deviation from the records that are not compliant with Miami 21 is subject to approval from a nonconforming site improvement waiver which is separate from the exception request. • Please research a City -approved Site Plan that authorizes the number of parking spaces for the "indoor" restaurant • Request Building Information Records (Microfilm): https://www. miamigov.com/Perm its-Construction/Property- I nformation/Req uest-Bu i Id i ng-Records-M icrofi Im • Alcohol compliance (if needed etc. 2COP, 4COP, ASE) • Lighting Plan - Pursuant to Miami 21 Zoning Code, Article 5. Specific to Transect Zones • Noise Attenuation Plan — noise regulation shall be as established by the City Code, Chapter 36. • For the requested "Uses" you are requesting, please reference the specific sections of the Miami 21 Zoning Code and City of Miami Code of Ordinances (the "City Code"): o Outdoor dining area o Marine -Related Commercial Establishment o Alcohol Service Establishment Site Plan • Business(s) name and address. • Include demarcated Building Base Line (BBL) and/or boundary line by a licensed surveyor or by the Department of Resilience and Public Works. • Clearly delineate the property lines and business lines must be shown. (Include survey plat). • Existing fagade and immediately adjacent businesses. • Zoning Tabulation Table (include the square footage of interior and exterior area) • The seating tabulation chart should include the following information: number of indoor seats/ regular tables/ handicap Rev.2/1/2022 City of Miami INC81 OPPIfO Planning Department *� �� nn 11 BB r'P oTu Pre -Application Meeting Summary 411y!arR� NOTICE ThI, eu brnittal nR.d, b ­h.d,, ed for a public hearing In azcorda wM1 time— Re forth in the City& Miami CWe. Theappliwde de ICS n-m&'g bwy will rewewthe lnbrmation at the public hearing to re,d,, e m dAtion or z final eecidon. r PZ-21-10925 �k, n4m4i9.,i accessible tables; the number of outdoor seats/r ; �—�1 handicap accessible tables • Mark the spaces designated for the handicapped accessible seating area. • ADA tables must be at least 27" of knee clearance provided between the floor and the underside of the table, 28"- 34" max to the top of the table, and a minimum depth of 19" with a table width of 24"42". Tables with 4 legs shall provide a minimum width of 30" between table legs. • Dimension Details (have plan sheets in the same orientation) • Dimension overall width of the sidewalk (building face to curb edge). • Proposed configuration and dimensions of tables, chairs, and planters • (At least 1'-6" between furniture and hardscape and 3' 0" clearance for pedestrian path) • Show ingress/egress corridor with dimensions (width). • Sidewalk elements and distance measures to the edge of the dining area, (sidewalk elements include, but are not limited to, tree wells, lamp posts, fire hydrants, signs, parking meters, light poles, trash receptacles, and any other streetscape element) — a straight and continuous minimum five feet of sidewalk is required to be maintained at all times. • Concept of maximum proposed seating. The plan must show dimensioned aisleways, numbered seats, tables, and ADA seats. o Pathway min. width: 3'-0" o ADA ratio of required seats: 1:20 o Chairs distance back-to-back: 1'-6" or 18" • All service elements shall be situated and screened from view to the street and adjacent properties. Operational Plans • Alcohol Service Establishment — Sec. 44(b) of the City Code • Marine -Related Commercial Establishment (Water Taxi Service) o Possible considerations to address (if applicable): ■ Detail the scope of this "Tender Boat — Water Taxi Service" ■ Business Tax Receipt • Please confirm with the City of Miami's Dept. of Code Compliance • Miami -Dade County, Tax Collector ■ Confirm if a special permit is required by the City of Miami for a "Water Taxi Service"? ■ Confirm the name, business address and telephone number of the person or firm operating the water taxi business Rev.2/1/2022 City of Miami INC81 OPPIfO Planning Department *� �� nn 11 BB r'P oTu Pre -Application Meeting Summary 411y!arR� NOTICE ThI, eu brnittal nR.d, b ­h.d,, ed for a public hearing In azcorda wM1 time— Re forth in the City& Miami CWe. Theappliwde de ICS n-m&'ij bwy will rewewthe lnbrmation at the public hearing to re,d,, e rec m dAtion or z final eecidon. PZ-21-10925 04/04/23 ■ State the description of each ve . to be used as a water taxi, including the Florida vessel registration and United States Coast Guard certificate of inspection ■ The pilot(s) who will operate a water taxi, including their name, address, employment history over the past five years, and a copy of the United States Coast Guard license for the class of vessel the pilot will operate. ■ The location of each water taxi when not in use. ■ The method of dispatch and the location of the dispatcher. ■ Confirm if a Certificate of Insurance (with a policy or policies), is required by the City of Miami. ■ Confirm with the City of Miami as to whether this water taxi may board and discharge passengers at a specific dock facility location (this will require a Site Plan or Location Map) ■ Confirm the details as for the fueling a Water Taxi boat(s) Zoning N/A • Multiple entitlements are being applied for under this PZ, Department please itemize each application and nature of application in a revised letter of intent. • Provide a plan set depicting proposed uses and along with site and floor plans. • Provide zoning data sheet. • Provide an active reservation letter or pz number for reservation in process. • Provide site photographs of proposed uses and area for outdoor dinging proposed • In a revised letter of intent, please elaborate on the marine related commercial establishment proposed use. Special Recommendations 1- The transect zone for this site is "76-48A-O", Urban Core Zone 2- Outdoor dining area, Marine -Related Commercial Establishment, Alcohol Service Establishment are allowed by process of Warrant in a T6 Zone 3- The applicant wishes to establish a Marine -Related Commercial Establishment (a "Water Taxi Service") 4- The Office of Zoning will confirm the Applicant's has an existing "Alcohol Reservation Letter" for the stated location. 5- Parking for the "Outdoor dining area" Use is not required. 6- A survey, signed and sealed is required within 1 year of the date of the application 7- A site plan will be required with a marked Base Building Line. 8- A zoning legend will be required with zoning data, required and proposed columns. 9- Plans need to address area of remodel, if interior work only. Rev.2/1/2022 `'1 k - I f1p� " r -- s City of Miami NOTICE F� Planning Department Th, a dan .#Thine h�, o,th,the1City& * INC181 IIIIfI �, 11 11 Mami CWe. TheappWcade beclsion-maXing bWywlll n I..'n, Q' renewtheinh3rmation dthe p°bE° hearing° n d"' Pre -Application Meeting Summary °m°°`�find' PZ-21-21-10925 04/04/23 Planner Certification of Pre -Application Meeting The signed copy of this form certifies that you (Kim Rasnake) have attended a Pre -Application meeting to discuss your interest in PREAPP-22-0120. If you are eligible for the permit you seek, you may qualify for a $250 credit toward the application fee if you submit your application within 90 days from your Pre - Application Meeting. Failure to submit that application within this time period will result in the forfeiture of any credit due to you from this meeting toward your application fees. Please note, neither your attendance to this meeting nor the comments here construe the City of Miami's approval of your request. Be sure to include this document with your application submittal to e-Plan as your Pre -Application Form. If you have additional questions, please contact me at the email address listed on the front page of this document. The City of Miami looks forward to working with you on this application and we are happy to assist you in any way we can. Sincerely, Murphy, Darren Digitally signed by Murphy, Darren Date: 2022.07.12 17:04:40-04'00' Darren Murphy, Planner II, Land Development Division Rev.2/1/2022 ED i A a C 0 U S t I C S Date: 8 December 2022 EDWARD DUGG ER + ASSOCIATES, C o n s u l t a n t s i n A r c h i t e c t u r a l A c o u ACOUSTIC REVIEW To: Joshua J. Remedios, Esq. Senior Counsel Greenspoon Marder LLP Hospitality, Alcohol & Leisure Group 600 Brickell Avenue, Suite 3600 Miami, Florida 33131 From: Sam Shroyer, ASA INCE Edward Dugger, FAIA ASA NCAC INCE Re: Architectural Acoustic Consulting Services Delilah Restaurant 801 Brickell Bay Drive Miami, Florida 33131 ED+A 221429 Mr. Remedios, 411y!arR� NOTICE Thls su brnidal needs b te• achetluled br s public hearing In accortlanre wM1h tlrnellnes set forth in the City & Miami CWe. Theappliwde declsion-r &'g bwy will rewewthe inbrmation d the pubec hearing to render e recem datien or a final decide,. PZ-21-10925 �\ 04/04/23 The following report has been prepared by Edward Dugger + Associates (ED+A) to provide an assessment of noise control measures incorporated into the design of Delilah Restaurant at 801 Brickell Bay Drive 4CL41 in Miami, Florida and to provide guidance on additional mitigation measures that may be taken, as necessary. The future restaurant is currently under construction. ED+A has reviewed the project's Interior Built Out Set Revision #4 document, dated July 1, 2022, project submittals, and RFI responses from the project's acoustical consultant. Ultimately, ED+A believes that potential noise issues were taken into consideration during the project's design and addressed appropriately —presumably in coordination with the project's architect and acoustical consultant. However, it is critical that the parties involved provide inspections to ensure the proper installation and construction of systems intended to reduce sound levels. Additionally, audio system design criteria that should be considered and employed where possible to further minimize the emanation and transmission of sound from the restaurant to other areas are also discussed. Please contact ED+A with any questions or comments regarding the contents of this report. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AA26000667 Deliliah — 801 Brickell Bay Drive 4CL41, Miami, Florida 1 of 4 `11Y f1p,f ED i AASSOCIATES,Awl _ E D W A R D D U G G E R + Consultants in Architectural Acou[�I,NOTICE a C 0 U 5 t I C 5 idal needs m be e�hed�ied mf a p�bk heahng �aan� wim eme1— settfmh i,the City& We. The appliwde tleclsion-m&'g bwy will e inbrmatiran at the pubec hearing to re dtl , a recommendation., a final eeciaon. SUMMARY PZ-21-10925 04/04/23 Sam Shroyer of ED+A visited 801 Brickell Bay Drive Units 4C043, 4CO41 B, and spaces comprising the Delilah restaurant —in Miami, Florida on November 1, 2022. 7TMe space is currently under construction and at the time of ED+A's visit, most walls and the ceiling had been framed, but not enclosed. The "Interior Built Out Set Revision #4" drawing set, dated July 1, 2022, was reviewed along with a submittal prepared by Smart Home Designer, Submittal #009-250-1.0 and RFI #66, both prepared by Mocca Construction. DESIGN REVIEW Review of the project drawings and RFI's revealed that Siebein Acoustic —another acoustical consulting firm located in Gainesville, Florida —had been involved in the project design, presumably alongside Kobi Karp, the project architect. ED+A has reviewed the wall and ceiling types proposed by Siebein Acoustic and believe them to be appropriate for use in this type of space; however, ED+A is not confirming proper installation and the design team should provide field verification to evaluate conformance with acoustical recommendations from Siebein Acoustic. Many of their ceiling and wall details are included on Sheets A6.00 and A6.01. The assemblies were most likely selected to minimize sound transmission to the building's exterior and into the condominium and ED+A believes these aspects of the presented design to be an adequate means of minimizing any sound level impact which may be generated by the restaurant, so long as the systems are installed as designed. Thus, ED+A suggest that the project team provide field verification to ensure that the integrity of these sound -reducing elements are inspected to confirm proper installation. Roughly half of Delilah will be occupying space on the first floor of the building directly beneath the residential condominium units. The dining, bar, and entertainment areas are to be located in a one-story structure built outward from the ground floor of the building; this area does not share any walls or ceilings with the condominium above. Entertainment and music are to be provided in this area only. The western portion of the space abuts the first floor of the condominium; this area is to be comprised of back -of -house, kitchen, and office areas. Entertainment and music will not be provided in these areas and other noteworthy sources of noise are not anticipated in these areas. The adjacent condominium area will be include commercial uses in the future. There are multiple spaces separating the dining area from the first -floor condominium areas and there is no direct path for sound to travel between them. The aforementioned spaces will effectively act as a "buffer," consisting of several obstructions and barriers, 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AA26000667 Deliliah — 801 Brickell Bay Drive 4CL41, Miami, Florida 2 of 4 `11Y f1p,f ED i AASSOCIATES,Awl _ E D W A R D D U G G E R + Consultants in Architectural AcoukJ4 NOTICE a C 0 U S t I C S idal needs m be e�hed�iee mf a p�bk heeling d—wim eme1—set tfmh in the City & We. The appliwdle decision-m&'g bwy will d the pubec hearing to mode, a PZ-21-10925 which will minimize or even prevent the transmission of sound to 04/04/23 condominium areas (considering only wall and door structures). The building envelope could also serve as a sound transmission path to the building s exterior if its various elements (e.g., walls, windows, roof) do not provide sound insulation and outdoor -to -indoor sound transmission could also be a concern if significant levels of sound were to emanate from the restaurant structure to the building's exterior, and ultimately to condominium windows or balconies. The configuration of the space eliminates any direct paths of sound from the restaurant area to the building's exterior, i.e., through open doorways, by incorporating vestibules at all exterior doors. The inclusion of these spaces will reduce the level and recurrence of sound which emanates from the building while patrons are entering or exiting. During the site visit, ED+A noted the installation of Kinetics spring hangers as part of the ceiling/roof assembly, which will reduce the transmission of sound —particularly sound at low -frequencies —through the ceiling structures to the floors and exterior areas above. However, ED+A are not certain of the sound -insulating properties of the outermost layers of the roof and it is possible that the ceiling/roof structure will provide less sound insulation than the ceiling constructed below the condominium building. Window assemblies of the space are noted as having an extra layer of glass, theoretically creating insulated -laminated window assemblies, which provide increased sound insulation when compared to single -layer glazing and most laminated glazing configurations; however, window assemblies are a known source of potential leaks in wall assemblies and care should be taken to ensure that airspaces and all abutting elements be completely sealed off to provide maximum sound insulation, especially around the perimeter of these assemblies. Mechanical and plumbing fixtures can also be a source for potential noise transmission paths. Steps should have been taken both in the design and construction phases of the project to isolate fasteners and mechanical hardware from the structure from which these fixtures are supported. Isolating these components would further minimize the potential for structure -borne noise (vibration) transmission through the structure(s) and ultimately to the condominium areas above. Documents reviewed by ED+A indicate that isolation efforts have been made by incorporating the spring hangers described previously. Water flow can sometime be heard using PVC piping but cast iron doesn't seem to have this problem. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AA26000667 Deliliah — 801 Brickell Bay Drive 4CL41, Miami, Florida 3 of 4 `11Y f1p,f ED i AASSOCIATES,Awl _ E D W A R D D U G G E R + Consultants in Architectural A c o u NOTICE a C 0 U S t I C S m1, eobmmtl[� d, m be s�hea�iee mf a p�bk h.,,,g i� a�o�ea�� wim em.— set f-" m the Ci" & Miami CWe. The appliwde beclsion-m&'g bwy will rewewthe inbrmatiran d the pubc hearing to render e re�omme�a�ao�o��nFlal eeuso�. SOUND SYSTEM DESIGN Pz-21-10925 04/04/23 The interior audio system should be permanently set to appropriate levels an • include measures to prevent the adjustment of the system's settings. The following au io system design criteria are recommended to enable effective control and management of sound generated in the restaurant: 1. Audio signals should be processed through a digital signal processor (DSP) that should be programmed to set, limit and/or adjust the overall sound level output and low -frequency sound level output generated by the sound system. The DSP should be included in the signal chain all system components and the loudspeakers. 2. Volume controls should be accessible to management staff only via a control panel in a secure location. 3. All sound should be reproduced through a permanent house system; additional loudspeakers or system components should not be utilized. 4. Speakers should be located away from the entrance and should not be pointed toward the entrance. 5. Minimizing the number of subwoofers and ensuring they are not located near the restaurant's entrance is recommended to reduce the level of low -frequency sound which may escape the building —both through the building envelope (i.e., doors and windows) and any gaps and openings near the entrance. 6. Reducing the level of low -frequency sound produced by the system, as sound at these frequencies is more likely to transmit through the building structures to other spaces and the exterior. ED+A has reviewed AN design documents and noted the following: 1. A distributed sound system is to be installed in the space. 2. Speakers are oriented to face inward, toward the area intended for entertainment. 3. Speakers are mainly concentrated in the restaurant/entertainment areas. There are ceiling speakers in other spaces, but these are unlikely to be prominent sources of sound. 4. The system includes subwoofers. As noted above, the use of these speakers should be minimized and efforts should be made to reduce the overall level of low - frequency sound produced by the system. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AA26000667 Deliliah — 801 Brickell Bay Drive 4CL41, Miami, Florida 4 of 4 w► Delilah Restaurant 801 Brickell Bay Drive Miami, Florida 33131 prepared for: Greenspoon Marder, LLP traffic evaluation /� NOTICE Th1s submidal-,edam be ech.dui d for a p0fic hearing —orden� wkh t—lin. set ronh in the city & Miami Code. The appliud, decision -making bWy will re'ew the inf -alion at the pabec hearing to render. recommendation or a final deciaon. PZ-21-10925 04/04/23 �AFTECH ENGINEERING. INC. December 2022 751mmAwirECH sC�'!klva ENGINEERING, INC. NOTICE ,ubmittal aped,...,ahed��d.r, p�bua h—,,g aordace with time1l ,etforth is the City of h MiamiCWe. The appk.de decision --a gbodywill renew Ure intorznalian a\ the public hearing to rerWer a re�on,o d.do ora fl zM deaidoa. PZ-21-10925 December 12, 2022 04/04/23 .1d Ms. Kimberly Rasnake-Bringuez Licensing Operations Coordinator Hospitality, Alcohol & Leisure Industry Group Brickell World Plaza, 36th Floor 600 Brickell Avenue Miami, Florida 33131 Re: Delilah Restaurant (801 Brickell Bay Drive - Miami, Florida) Traffic Engineering Evaluation Dear Ms. Rasnake-Bringuez: Traf Tech Engineering, Inc. is pleased to provide you with the results of the traffic evaluation in connection with the proposed Delilah Restaurant planned to be located within the Four Ambassadors Towers located on the east side of Brickell Bay Drive and south of Brickell Key Drive in the City of Miami, Florida. Figure 1 illustrates the site location and the surrounding roadway system. A copy of the site plan is contained in Attachment A. For this evaluation, the following tasks were undertaken: o Trip Generation o Trip Distribution o Traffic Impacts o Vehicle Maneuverability o Traffic Control Plans o Valet Operation Trip Generation The trip generation for the project was based on information contained in the Institute of Transportation Engineer's (ITE) Trip Generation Manual (I Ith Edition). According to the subject ITE manual, the most appropriate "land use" category for the proposed restaurant is ITE's Land Use 931 - Quality Restaurant. Table 1 on Page 3 summarizes the trips associated with the existing and proposed uses within the 13,774 square -foot tenant space. 840o N. University Drive, Suite 3og, Tamarac, FL 33322 T: 954_582-0988 F: 954-582-0989 Metrono'ier T . - ' nth tie , I'Iern I TWAFT0+ ENGINEERING, INC. - rickell 7B�,­nuc l 9nc'kell 'guars ft. I ®rickell Tower 1of i + • je +� Hotel 4` p ea 6 t - 0114 l B coCo Industrial de PROJECT LOCATION MAP C n�rN ,V NOTICE Th's submitt I tl mae h tl letlb p bh hear ng aortl pplrihl th Cirirn MI-1 Cotl Th ppl d tl - k gbotldw renewihe mr , p bG h i grenders t ntlaU o efinalec sson. PZ-21-10925 \\ 04/04/23 FIGURE 1 Delilah Restaurant Miami, Florida 751mmAwirECH ENGINEERING, INC. to }fL ��O Rt9P NOTICE ihksubmittal needsto—hedui dfora pob-nearing ao'dn— with timelines set forth in the City of Miami Cie. The appk.de decision --ha g bodywill renew Ure intorznalian a\ the public hearing to rerWer a recommendado ora flnal deaison. PZ-21-10925 04/04/23 TABLE 1 Trip Generation Summary Delilah Restaurant 801 Brickell Bay Drive Land Use Intensity Number of Trips Daily AM Peak PM Peak EXISTING USE Restaurant 13,774 sq ft 1,155 10 107 PROPOSED USE Restaurant 13,774 sq ft 1,155 10 107 Difference 1 0 sq ft 1 0 0 0 SOURCE. ITE Trip Generation Manual( I 1 th Edition) As indicated in Table 1, the trips anticipated to be generated by the proposed Delilah Restaurant consist of approximately 1,155 daily trips, approximately 10 AM peak hour trips and approximately 107 trips during the typical afternoon peak hour. However, compared to the previous use, no new trips are anticipated as a result of the proposed Delilah Restaurant. According to ITE's Trip Generation Manual (I I th Edition), the trip generation rates for the proposed restaurant are: QUALITY RESTAURANT (ITE Land Use 931) Daily T = 83.84 (X) Where T = Daily trips and X = 1,000 square feet AM Peak Hour T = 0.73 (X) (50% inbound and 50% outbound) Where T = AM peak hour trips and X = 1,000 square feet PM Peak Hour T = 7.8 (X) (67% inbound and 33% outbound) Where T = PM peak hour trips and X = 1,000 square feet 3 7R'mmAwF7E'mmcwjv ENGINEERING, INC. Trip Distribution C p'N yV NOTICE Thlssabmitlal needsto be scheda� db,a pOb hearing ccord— wkn timelines set ronh in the city m Miami Code. The applud, decision -making body W[l ranewth¢ infmrmation a\ \he public hearing to rerWer e nxommendati., nr a final deciaon. PZ-21-10925 / \\ 04/04/23 /f The trip distribution and traffic assignment for the critical PM peak how% documented above was based on Miami -Dade County's Cardinal Distribution information for the study area. Table 2 summarizes the County's cardinal distribution data for Traffic Analysis Zone 571, which is applicable to the project site from the latest SERPM data published by Miami -Dade County. Using the trip distribution documented in Table 2, the following trip distribution was determined for the subject restaurant: 0 30% to and from the north via Brickell Avenue 0 15% to and from the south via Brickell Avenue 0 7% to and from the east via Brickell Key 0 48% to and from the west via SE 8th Street - 20% to and from the north via Miami Avenue - 15% to and from the south via Miami Avenue - 13% to and from the west via SW 7th/8th Street TABLE 2 Project Trip Distribution TAZ #571 for 801 Brickell Bay Drive Movement Year NNE ENE ESE SSE SSW WSW I WNW NNW 2015 12.3% 5.3% 1.4% 2.5% 10.5% 23.3% 25.0% 19.7% 2045 13.7% 4.9% 1.3% 1.5% 11.4% 22.8% 26.7% 17.6% 2025* 12.8% 5.2% 1.4% 2.2% 10.8% 2 3. 1 '7o 25.6% 19.0% SOURCE. Miami Dade County. * Designates interpolated value. Based on the above trip distribution, approximately 53% of the restaurant trips will arrive from the intersection of NW 2nd Avenue and NW 8th Street and the remaining 47% will arrive from the intersection of NW 2nd Avenue and NW 1 oth Street. Figure 2 shows the project trips during the critical PM peak hour. As depicted in Figure 2, the maximum peak hour traffic impacts (56 peak hour trips) are anticipated on NW 2nd Avenue between NW 1 Oth Street and the project site. The County -published Cardinal Distribution for TAZ 571 is presented in Attachment B. :l 7R'mmAwF7E'mmcwjv ENGINEERING, INC. Traffic Impacts C p'N yV NOTICE Thlssabmitlal needsto be scheda� db,a pOb hearing ccord— wkn timelines set ronh in the city m Miami Code. The applud, decision -making body W[l ranewih¢ infmrmation a\ \he public hearing to rerWer e recommendation nr a final deciaon. PZ-21-10925 / \\ 04/04/23 /f As indicated previously, no new traffic impacts are anticipated froM*" proposed Delilah Restaurant since the use and size of the space will remain the same (from 13,774 square feet of restaurant to 13,774 square feet of restaurant). Hence, no new trips are anticipated as a result of the proposed Delilah Restaurant. It has been a pleasure working with you on this project. Vehicle Maneuverability The site is currently developed and in operation. Two access driveways are provided on Brickell Bay Drive to access the porte-cochere and second floor parking areas. Additionally, access to the parking structure is provided via one driveway on SE 8th Street and one driveway (south driveway) on Brickell Bay Drive. Vehicle maneuverability analyses using the AutoTURN software were developed for the access driveways for both passenger vehicles and single -unit delivery trucks (refer to Attachment C. Traffic Control Plans (TCP) As indicated previously, the site is fully developed and in operation. Hence, traffic control plans should not be applicable. However, traffic control plans depicting stop bars/stop signs and minor pavement markings are provided for information purpose only in Attachment D. Valet Operation Valet operation is being contemplated for the restaurant. The valet drop- off/pick-up is proposed at the existing eastbound right -turn lane on SE 8th Street (prior to the entrance into the underground parking garage). A detailed valet operations study is being conducted by others. ncerely, AF TECH ENGI ERI aquin E. Vargas, P.E. nior Transportation Engineer 61, ATTACHMENT A Site Plan - Delilah Restaurant DELILAH RESTAURANT NOTICE — 801 BRICKELL BA DRIVE MIAMI , FL 3131 NON STRUCTURAL INTERIOR BUILT OUT SET - DECEMBER 3RD, 2021 - UNIT 4CO43 UNIT 4CO41 B UNIT 4CL41 - FOLIO # 01-4207-001-5090 FOLIO # 01-4207-001-5075 FOLIO # 01-4207-001-5100 - ISSUE DATE a $ $ s $ a $ DRAWING INDEX ISSUE DATE a $ s $ a DRAWING INDEX Ell Ell 111E11LE 1-1- 111EI-1 ISSUE DATE a $ s $ a DRAWING INDEX DELILAH (RESTAURANT) 2170 MInM�IEE 33, 3,A1 oRlvE a acEa 0 Emu a o @�wana.p.am w� ARCHITECT OWNER MEP ENGINEER INTERIOR DESIGN (not part of permit set) -_ KOBI KARP ARCHITECTURE & H.WOOD GROUP DONOLLI ASSOCIATES ENGINEERING, PLLC BUILT HOSPITALITY DESIGN - QNVF-01 aoo,zs,a INTERIOR DESIGN 571 NW 28TH STREET TEL: 310-990-7712 215 ARI WAY MIAMI BEACH, FL 33142 9105 SUNSET BLVD. WEST HOLLYWOOD, CAS - COVER MIAMI, FL 33127 OFF: 305-607-4925 Tel: 323-857-0409 - TEL: 305.573.1818 "° ' ° ' ' - A000 I ABBREVIATIONS I FLUMBIN13 (MINIMUM FAGILI I ILS) I RESTAURANT SEAT COUNT I ff ILFFFFI IFEET OFFUIT -0 orEsreETY T-L. RI .1. SE,ET OFFUIT f�.) NOTICE j�NOIC _ 7 _ _ umeOIFFUFTI o YEP 'TF FAUFE RTRUET RTR U"TUR" R E F, FETE Fl. F­UM Nre NreE APPLICABLE CODES I OCCUPANCY Z 2Z Z 2Z Z F-UPR "F GENERAL NOTES ZONING INFORMATION 1".. L11.1T. 0. 11, 1 EOT I IF TO MEET THEreEOUireEMENTs of 11 He OFFITITIU11- I TlI OITI­ OFFITI-T.1 11,ELL IF— ELL IIIFFITI 1.11.11 UFTIII T111 OFF.I.OT II11TIFT111 FFIl­ OFFITITIFT, TlI OITI­ OFFITI-T.1 11,ELL 11 FEIFFT TlI T.1 TO TlI FFIFTII 1.1 ILI.FF ­D ITIOUI-1 ELL OLEEI 11,ELL 111­111111-1111 1­11 1111T "ITY IF 'IT' "" UMILF 1—- ­11 I TlI 11ITI.ITII 11,ELL IIIVITT UFTEUTHFFIEII 1111.IIIL IIFFM TO OFFITITIU11- .11. I ­ W.11 ­TlH.WFF FFFF THE II.WIFT. .1 11111111,ELLY MIFTTFFFTII 1� THE IFF D D� D lH.1 DDI IFFTE HEIOI YT:.' 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OFF HEIH.LLI.�IITTHE.RIHITEITI�WRITI�O =ET =T`EF"F`TE' ==.lVT.HLE. "El, UET 'E.' � =T`.FTF1'l"FEE`R IWTHHEERIE.M I I TEL L IE I EI,EIREI OR IF— Ul TO III REEIIII IF TER REL QUEETTY lH,EIE III Fl� IT WlH TH.T I 11MIL.R III ITIFIFFIFTO W.Rl UFTLE11 IFTHER-E FFELLELF FOR WHERE IEMEE IITREI.IR.ILE FTEWITEFFIore EFFUlIFFE11ILLIEIRITRIELF 11 THE I "TRU IT111HILL FFILUDET EFURII-OFFFELL-TERIFELl E.EIll.. OFFIFF ElT.. OUTTITO ETHFTO IIIIIETTEL TO III T.OETHER WITH =TV="lO RE.R` 1H.LFF ILU TIIETHE REM- I M.TERT­ .1 IIREITELF FEl THE OFFITITRUITIFFF ­ IFILM'IUR M IT IE VER I EDI'D"HEIIED1F" "MMEIIFEIlFW IR 1 REIFRT Iy,I".TOERFOFEI�F_EEREI.REFRFIEEDNeWIHW.R,. REQUEET ILARRIETIFF II. ITFFRE MYTERRELI TO IE I.LV.OEl w . I.FE III IIR-EI LIFFFETIFFF 11 THE OETER.L ­R,ElT.R 1H.LL IE REEIFFIT11ILE FOR FTEERIELL ­RIlFTET.,, wITH ELL IUII.ITR.IT.Rl WHETHER UFTIER 1.ITR.ITT.HIM OR TIFTHE ITWIER IF I. FTEFF UTILITE1 1H.LL IE ITITELLELF UFTIER THII IERMIT I� REQUIRELF III ­TFTllTRUlTUR,EL ELEFFEFFTI FIRE IRITEI � DEFFIE1 III, ,E T.=%INHOI.LRIET=EFFELF ITILL TME1 IUR IT_ I_ R, OR LIF 11 WIETE MITER 11 IHILL IE I MIIIER wH IT IREFEETTI ITURY OR ,Em,EOE TO ,ER,YFT, EFFTY � FTO I HT", Y 11 FlREl,EFEFY`IURlNl 111TRUITIN 1H.LL 11MILY WITI THE .11TI-ILE REQUIREMENTI IF EOFFIE III THE EIILFFEILE ore THE FL.RlIl FIRE �H R�V%1TRITF U DE. IF IFAIER I- FlY IT EIFFILL FFN F1 . I I NEW III ­TNO IUILIFT. 1H.LL IE IR.VIIEI WITH ' " I "i DNH`EZRHl.N UMN' ETRIL. I TLH EN ERIE'IH IHIR,,IT) IW ITEFFY I NL " HI fl-MM NIF IF I . N H f, FNR 'DTLH H "THELILTHIN 'T LED I NI . 'N ' "I"T N ..... RU N" IN D %YLTE FLY VI I LDE FIT 'MI T.LE I E.1 NZIE I I RONT NO THE I RIFIERTY WHEN I EFFU I ED RE IF I IF D �E,I,L..E '=E D N, D"T FFFFM�. "R.F V.EFF L,�TATRlNlDTYN FD=ELFF M FFlENlY I E, Ell Y IF I . . N EDDREE, III EVIE I I I HE IN I LE HE NY IHELL I I TIED TO DE ITT FYTHE =E UDM EEN, T' W D I MT 'UL " " OR ITT =I'NE I DR E. IF M IERI IF. LL IE M D 11 � �RUlll�Il IT, NE D 1,1N l.lNl lRHMl.lNDRElTW N 11 = NF I ETHIE IFF.TTIN 'Y'TEMfl) IHELL 'M IT. D ETTE I. IF _ D , RUITIFFF E"N"FTET`T`Fy'TE F.TRE.UREFYTHEEF2.N 1AllNIERIl N THEEll CHAPTER I FELT H. D 3 "E�y REFR­ '=IT ITNI"EI.Ny 'ITITUTIN21E I ENT L I. TH FFFFM 1. ED N. 11 1H. LL I I I . N E,,RYVEFF LEO ILE IERMENENT D . ON AND 1H.LL I! m. N THE OWNER OR UTH.RIIEI OENT 31 1 W WIFF D I 1=� IET DN=RF� I E,RNIOFFF URI I ETIY INEIT 11.6, N " ­�IEl �N ' NIF OTHER 11 1 ED I IM W' " ELFF .. FELT m THE I TEM I RY,_T ORDENTIE IT �l T=FFTFFF,ENlE I NFI. FIT �N w OF FFFF TIIN 16 1 �E REQUIRELF IY 1EITIN 16 1 =='I=VELFIE� TZEI IY IN EOENlY III MEET THE FL,EME IR.I.-TIFFN III F.RM.NIE IRITERT. I - IF I OR lUlH MYTERRELI 1H.LL IE NITNIFFMIUITILE �FF IT HRT'l,.,,F TEFIT I ,UL,,l,,lHE IF I III FURNIHELF U�IINE IREI,ERELF IN .1l.RI.NIE WITH REQUEET EXISTING BUILDING CONSTRUCTION ­TI UlT.FF TY11 fILITI 1. IUILIIIO 1.11 TEILI 1.) F", WHERE 'U D I U­ Tw I III THII'ITH llUlTYTH- `HVl'=IlII` T.ILI F.�IlIIlIIIY­IETEFTITHI-RMUM U I,=,HDIl Y I.ml.I,FT ILEFFETFFFF LIVIL . fL.WII ILFFFFI) I-, LEVEL �l fO­FTI ILFFFFI) ELEFFEFFTI f ILE ILFFR 11. IUILIFTO OFFIE IT EIlTFTF I� 1) I FEET Il REQUIREFFETITS FOR ELEmEFTl REQUIRELF IR-IEl -TERREL ITRUITUR.L FR.ME IRY FFIELL F­Rl I HR I HR SYMBOLS LEGEND R..Fl 8- lllUI,EIlYlEI,ER,ETlFF I IRITTEITIFF REQUIREFFETTI I HR I HR I HR Ell 1111 1 HR I HR I HR I HR FIRE ILIFIFFITO fH.Rll- I IF I IF FIFTERTIR WALLA IELIFTI FIFFIH REQUIREFFETTI fIER TEILE 111) El _IDT'E. '."EUWR Ey, III, RR�DEFF N.DlEl DEFERRED SUBMITTALS ®MVFLEFFEL SCOPE OF WORK FE ' I I'l. I E.UFT w'.R IT. FTw'. fLl') I I RNI'l FFFI' T.HF TH I F.LLITWINTO E.LRINfTY w �Ll IWER, FFIFIR) ENTRY HELLWEY FROM ITREET TO ELEFFETFFR IT NEw R, N 'T" I fIRIUNI FLllRI'TFEU`L'l=L.,EUR,ENT INTILUINTO ITFOEFF IFFINTO.R.1 lERVllEl.,TNETERlW.NFF N=F�l RIm, IND TH TEN .1 =NTIlTFTlNIRTlFF FTW OR, EL,�%.1R1F,�I I D 1INTFEI ElHE, LEl.lTT.NllEUI LFFNI. I3 IF I IN TIER 1EITIN OF 6U RE I=IRHE.UOTUR.L11TEMI OR EETE-R o�1 MI MAIN 3 62F TOTAL III IF I III INTERTIR 1111 ITTEL R. 3FIT, TERMITE PROTECTION - F.B.C. 1816.1 �EnElR =, N IT YTR.1 IN D�,L,�EFIRV.D I 2EI Wl ERDD.TRE 1 .1 FU IMNEFTI.IDL OFF I L El V D I N mILL IFFN I THE .11LIFFETIFFN I THE TERMITE IRITTEITIFFN �=E`NRT TELIN U.T' ". LRENTIE lH,ELLIE­EIT.THEIUlLIlN DE TTMENTIY T Ell I IF "R �H EF HE I I IIEDFElElllR lFllM 11 NY THIT I -IT NI TH I I a FIT wIN T 0 I I IITUEITTE EMRERN OR I III RTIITIFAOR I -H E.TN.N THE N )LOCATION MAP J Z ZL A & A AE, A ZL A ZEEF A - A A A IA A IA DELILAH (RESTAURANT) 2170 r�Fl �­­L D11- �­­ A' 0 B I K A R P FLOOR PLAN LEGEND AND NOTES s war .A�s.�w �N�Ess o.„EraysENo.Eo FLOOR PLAN LEGENC «oaEo Eo.s Aa.oa A wA«s o. E sE o.Eo o.,,e PEa.00. Ess o o.PAa.o.. sPEaM. a EIII ��.o�sEOE��E�o�A«wE.AaEAs�o� �s.A«Eo E����sA�o��aaAasAaE � xs<��w��rPEs.oaE s�EE.�aa n NOTICE DELILAH (RESTAURANT) 2170 MInM�IEE 33333AV oRlvE a acEa 0 .. ... . .... ..... �� FLOOR PLAN-LEVEL1 = F 305533fi°.k�,o�..� E3®MVF — ��oE.�ruo�Eauwnwww°.�U,.�oaw,EM.o�MP�r,,,�.°msu u=.,,�oLL _ FLOOR PLAN ATTACHMENT B Miami -Dade County 2015 and 2045 Cardinal Distribution Fyn tiF�� "-iICE ,!,.&•.e m, a pbk having sd ronh m the city & ^bsls _ making bwy will e p"" hearing to'"'" ora final d-im., 10925 V23 4A MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION SUPPORTING DOCUMENTS DIRECTIONAL TRIP DISTRIBUTION REPORT SEPTEMBER 2019 :{ DIRECTIONAL TRIP DISTRI • F . C pt9 NOTICE ' , • WIN mm04/04/23 547 1 3447 Trips 1 90 46 13 547 3447 Percent 17.6 9.0 2.6 548 3448 Trips I 74 17 22 548 3448 Percent 18.0 4.1 5.4 549 3449 Trips 194 66 28 549 3449 Percent 13.8 4.7 2.0 550 3450 Trips 86 31 19 , • � • 28 47 126 Thls submRdalneetls e fora pari In aeeoetle wh t-lims sMforth In th. City . Mlami CWe. The appllwde tlecision-making bWyxnl relewtnemfnrmau eaeotr"o annalheeciaorA�rentler PZ- 21-10925 77 15.0 5.5 9.2 24.6 22 34 94 77 71 411 5.4 8.3 22.8 18.6 281 20.0 17.4 287 20.4 1,410 114 138 301 8.1 9.8 21.4 16 37 3.6 8.4 116 59 82 446 550 3450 Percent 19.3 7.0 59 1 21 4.2 25.9 13.3 18.4 551 3451 Trips 24 43 61 149 77 146 580 551 3451 Percent 10.2 3.6 4.2 7.5 10.6 20 13 25.6 13.2 25.1 552 3452 Trips 29 28 5 77 23.8 247 29.5 68 21.0 175 20.9 84 324 25.9 165 841 19.8 359 2,413 15.4 1,638 7,673 552 3452 Percent 9.1 8.7 1.4 6.2 3.9 553 3453 Trips 95 19 5 30 101 553 3453 Percent 11.4 2.3 0.6 3.5 12.0 139 265 554 3454 Trips 245 60 31 620 26.5 2,275 623 26.6 1,608 554 3454 Percent 10.5 2.6 1.3 5.9 11.3 555 3455 Trips 593 225 150 173 907 2.3 12.0 555 3455 Percent 7.8 3.0 2.0 30.1 1,248 21.2 1,206 21.7 886 5,015 17.8 539 2,483 21.9 460 1,924 24.1 418 1,960 556 3456 Trips 581 213 81 86 671 556 3456 Percent 11.7 4.3 1.6 1.7 13.5 25.1 595 24.3 522 557 3457 Trips 286 107 79 64 268 557 3457 Percent 11.6 4.3 3.2 2.6 10.9 24.2 499 26.2 460 21.2 404 21.2 436 558 3458 Trips 207 20 35 123 160 558 3458 Percent 10.8 1.1 1.8 6.5 8.4 559 3459 Trips 214 86 57 120 168 559 3459 Percent 10.9 4.4 2.9 6.1 8.6 23.5 22.3 21.3 560 3460 560 3460 561 3461 561 3461 562 3462 562 3462 Trips 302 87 94 138 191 535 6.4 8.8 24.8 285 331 979 6.2 7.2 21.2 86 90 254 8.0 8.5 23.8 82 156 305 5.3 10.0 19.6 73 95 271 5.6 7.2 20.7 43 67 133 6.0 9.3 18.5 47 17 78 3.7 1.3 6.1 460 899 2,336 4.4 8.6 22.3 50 76 141 6.6 10.1 18.7 395 414 2,181 Percent 14.0 4.0 4.4 18.3 19.2 Trips 744 316 282 925 750 4,661 Percent 16.1 6.9 6.1 20.1 16.3 Trips 138 48 92 215 145 1,067 Percent 12.9 4.5 8.6 20.1 13.6 563 3463 Trips 217 112 54 300 330 1,555 563 3463 Percent 13.9 7.2 3.5 19.3 21.2 564 3464 564 3464 565 3465 565 3465 566 3466 Trips 233 89 42 269 240 1,320 Percent 17.8 6.8 3.2 20.5 18.3 Trips 117 46 20 137 159 723 Percent 16.2 6.3 2.7 19.0 22.0 Trips 685 200 41 27 188 1,336 566 3466 Percent 53.4 15.6 3.2 2.1 14.6 567 3467 Trips 1,552 633 448 2,232 1,932 10,785 567 3467 Percent I 14.8 6.0 4.3 21.3 18.4 568 3468 Trips 118 31 32 129 178 762 568 3468 Percent 15.6 4.1 4.2 17.1 23.6 569 3469 Trips 36 9 5 18 40 95 58 4.9 10.9 25.8 15.6 90 141 489 494 4.2 6.5 22.6 22.9 184 769 1,714 1,834 2.5 10.5 23.3 25.0 49 281 810 857 1.6 9.0 25.9 27.4 108 368 569 3469 Percent 9.8 2.5 1.2 29.4 570 3470 3470 3471 3471 3472 Trips I 283 114 71 3.3 480 2,185 570 571 571 Percent 13.1 5.3 22.2 Trips 907 390 Percent 12.3 5.3 Trips 282 148 Percent 9.0 4.7 100 1,447 7,522 1.4 19.7 572 35 661 3,210 572 3472t 1.1 21.2 26 }L DIRECTIONAL TRIP DISTRIP NOTICE ENE 547 3447 Trips 191 57 547 3447 Percent 15.0 4.5 548 3448 Trips 207 61 548 3448 Percent 17.6 5.2 549 3449 Trips 285 71 549 3449 Percent 16.6 4.1 ESE 61 This eubmittaf needs b be echebuletl fora p0k h. In accoetl ance whh tim 1m. set forth In the City r Mlami C-Theappt-c 'dslcion-makirgb y rexew the inbrmation at the pu bk hearing to -d reeommendA pra final d.dii n. PZ-21-10925 SSE 04/04/23 71 69 311 295 0 5.6 5.4 24.4 23.2 4.8 39 92 123 189 266 202 1,180 3.3 7.8 10.4 165 147 9.6 8.6 62 72 6.2 7.3 42 55 6.1 7.9 55 96 4.8 8.4 16.0 22.6 17.1 372 303 1,719 21.7 17.7 255 155 1,002 25.9 15.7 173 178 694 25.0 25.7 286 230 1,155 24.9 20.1 64 306 3.8 17.9 550 3450 Trips 550 3450 Percent 551 3451 Trips 551 3451 Percent 552 3452 Trips 552 3452 Percent 132 85 31 195 13.3 8.6 3.2 19.8 101 20 4 120 14.5 2.9 0.6 17.4 129 62 16 271 11.3 5.4 1.4 23.7 553 3453 Trips 86 18 19 15 100 227 190 176 839 553 3453 Percent 10.3 2.2 2.3 1.9 12.0 27.3 22.9 21.2 554 3454 Trips 360 99 31 75 312 628 867 558 2,995 554 3454 Percent 12.3 3.4 1.1 2.6 10.7 21.4 29.6 19.1 555 3455 Trips 803 367 167 201 940 2,241 2,059 _ 1,914 8,825 555 3455 Percent 9.2 4.2 1.9 2.3 10.8 25.8 23.7 22.0 556 3456 Trips 703 224 42 146 668 1,094 1,283 1,064 5,455 556 3456 Percent 557 3457 Trips 557 3457 Percent 558 3458 Trips 558 3458 Percent 559 3459 Trips 13.5 4.3 0.8 2.8 12.8 64 298 20.9 24.6 20.4 707 625 2,751 26.3 23.2 563 446 2,458 23.6 18.7 631 623 2,749 23.4 23.2 681 512 2,777 24.7 18.6 281 115 52 552 10.4 4.3 1.9 2.4 11.1 89 221 3.7 9.2 20.5 343 111 74 543 14.4 4.6 3.1 22.7 324 111 48 164 205 6.1 7.6 174 270 586 559 3459 Percent 560 3460 Trips 560 3460 Percent 561 3461 Trips 561 3461 Percent 562 3462 Trips 562 3462 1 Percent 12.0 4.1 1.8 21.8 403 146 87 484 17.6 14.6 5.3 3.2 6.3 9.8 d 547 236 194 218 260 673 705 511 21.1 15.3 231 270 16.1 18.8 488 484 19.9 19.7 463 526 20.3 1 23.1 3,392 16.4 7.1 5.8 6.5 7.8 20.1 225 92 90 112 92 322 22.5 1,441 15.7 6.4 6.3 7.8 6.4 563 3463 Trips 399 186 95 144 198 5.8 8.1 149 128 6.5 5.6 45 118 464 I 2,459 563 3463 Percent 16.3 7.6 3.9 18.9 564 3464 Trips 564 3464 Percent 565 3465 Trips 358 150 67 443 2,297 15.7 6.6 3.0 19.4 217 86 40 341 385 331 1,583 565 3465 Percent 566 3466 Trips 566 3466 Percent 13.9 5.5 2.6 2.9 7.6 91 17 5.4 1.0 21.8 24.7 21.2 948 273 54 68 69 147 1,747 56.9 16.4 3.3 4.1 4.1 8.8 567 3467 Trips 1,234 620 316 463 762 5.3 8.8 59 63 4.0 4.3 1,653 1,952 1,687 8,854 567 3467 Percent 14.2 7.1 3.6 19.0 22.5 19.4 568 3468 Trips 179 83 57 332 411 301 1,509 568 3468 Percent 12.1 5.6 3.8 22.3 27.7 20.3 569 3469 Trips 61 28 16 16 47 115 122 160 565 569 3469 Percent 10.7 5.0 570 3470 Trips 329 183 570 3470 Percent 12.9 7.2 571 3471 Trips 1,004 362 571 3471 Percent 13.7 4.9 572 3472 Trips 228 150 572 3472 Percent 8.2 5.4 2.8 2.9 1 8.4 91 208 3.6 8.2 20.3 21.6 28.3 61 576 608 487 2,551 2.4 22.7 23.9 19.1 96 113 839 1.5 11.4 74 267 1,677 1,964 1,296 7,566 1.3 22.8 26.7 17.6 I 36 673 24.3 779 28.2 559 20.2 I 2,911 1.3 2.7 9.7 86 ATTACHMENT C Vehicle Maneuverability Analysis (AutoTU RN) I - t % 3'( S. j1.'. WIN JL.T.T ruxwi ZONE I INF I* MIN 1, 5.01(C) 4 -,—r LC -ew^. T1;1— Z ... ......... ......... .................... ........ .. .. ...... ELEv. I f rYlUL1151UKY 4 FLOW V Ill UNC FLOOD ZONE The Four Ambassadors Condominium December 7, 2022 FLOO) 7o L UN: NOTICE - =ZTI-111�11=1=111=1 7Z-27-70 25 P - 30' 04/04/23 ri 7 I MULTISTORY BUILDING LIMITS OF FLOOD 70NE -w- LLLV. 15 19.00 3.06 11.00 p feet Width 7.00 Track 6.00 Lock to Lock Time 6.00 Steering Angle 31.60 r �1 Vehicle Maneuvering Study F, L] DO C) Li t IL 4 j § The Four Ambassadors Condominium December 7, 2022 MATCH IINF "A' SUE P.ILGE --,' OF 3 AULTISTORY BUILDING (TOWER) -7— M"I THSTORY BUIL13ING MULTIRTORY pLIII nING (rowr:R) F1 MID I—F LINE .11 "U7 — 60 BRICKELL BAY DRIVE NOTICE PZ-21 -10925 04/04/23 1 9.D0 3.OD 11.00 P - 30' p feet Width 7.00 MUL-nBTURY Track 6.00 UUILUING Lock to Lock Time 6.00 Steering Angle 31.6D Vehicle Maneuvering Study P FLOW ZUNL LINE r I'LOOD ZONE LINE 6" RRICKFLL BAY DRIVE MULTISTORY 13UIt DING FLOOD LEAVE "AF' nrv. u FLOCD 'UNF UNC MCAYES .. ..... ..... ................... N77D1-24-VKC)- -11�IL 111-LA=LUAT -IAf ' The Four Ambassadors Condominium December 7, 2022 NOTICE PZ-21-10925 P - 30' 04/04/23 ,ate f FLWL) LONE E 'VL" FI FV. 15 30.00 4.00 20.00 su feet Width 8.00 4615.4-Y(C) Track 8.00 Lock to Look Time :6.00 Steering Angle :31.80 Vehicle Maneuvering Study I I B--&vI IIVI`I \ I V Traffic Control Plans x NOTICE S.F. ST71 STREET - T PZ-21-10925� 1" = 30' rl Qtxl 9 �;; sv+.+ 04/04/23 LINE 4 (I 17"" • .c. L/'— *hC'. Nn N-D PPP _ WARING BAb,: I H , _ _ ^slY:P i — Y.faC�S A• , N`.; IC &1 R 25 UU (U) r' • - _ _ I Lj as 1 • �+ NVJx 1353.90'([) .:vx 8 ..�.�.. 1.. Y' V• . -+ AS # f f a •• h;•. ( r {• iJ FT 9rT:-�f PA,_- 3 IAWY 2 rL _ti ,1,11 I •1, r 1..11i P+'-2 _ 3 --1 A-._ S za - NM!frs i+f rFY.: I n -I+! nnm.� nnr �,:r coxcer saw-m* f, ti• � I{1. It ... - �.Lr.M1Lu rArrr:v PP�n F4 I � - g I � J- FLUUD 7UNL -AE aj.,' P] rLry tt _ L—J ow iiwr MR II TIAmfiv I . �-I } BUILDING Q -�- �� - +•C= = MULTISTORY (TOWER) { BUILDIN43 J uMrt's oc jJf/ 1 .' ¢q�� i S •` .� � FL006 7u.NF -VE r — — — UNff dC-L41 - f �• L� n' — rLaao i fv t ELEV. 15 (O.R.B. 299M PG. 403U) �L{ uNL _ I FLUUQ ZONE 'AC' I klhv_ 12 7. A I RRiC kFi'. I - •t I _ .tDDITIPt I h E " D. Pc, t13i The Four Ambassadors Condominium Traffic Control Plan December 7, 2022 Tr De MATCfT LIE 'A" SEE PAGE OF ,i NOTICE Y o,.. MULnsroRY " W11LDiNG NPZ 21 10025 (AWER) 04/04/23 I r� F;• � � p I? { 104 S. J Hill(hf.'f.I. IL uy.-,'i ie Four Ambassadors Condominium ember 7, 2022 MULTISTORY 1+ BUILDING :V { I'L000 ZCNC-, LWE ' 001 DRICKELL BAY DRIVE MULTISTORY BUILDING ML;LTI6T0KY DUILOWG {TOWER) - ta P-30' 11 Y� 4FL Fl�• F`� � 1rr` •+ Traffic Control Plan Kimley>»Horn MEMORANDUM To: Jarone Ashkenazi Delilah Miami, LLC From: Elizabeth Perez, P.E. Date: January 5, 2023 Subject: Delilah Restaurant Valet Operations Analysis Miami, Florida 411y!arR� NOTICE mie eobmidal needs m te. er,h.&dm,a pbk heeling In—nd—wM1h tlrnellnee set forth in the City & Miami CWe. The appliwde bs—n- naXing bWy will rewew the inbrm ,at the pubc hearing to rend,,e ­mendation nr a final eeciaon. PZ-21-10925 \\ 04/04/23 Kimley-Horn and Associates, Inc. has prepared a valet operations analysis for the proposed restaurant located at 801 Brickell Bay Drive in Miami, Florida. The proposed development consists of a 13,774 square -foot restaurant. Note that the site is currently occupied by a vacant restaurant of the same size. A conceptual site plan is included in Attachment A. TRIP GENERATION Trip generation for the proposed development was calculated using rates and equations contained in the Institute of Transportation Engineers' (ITE) Trip Generation Manual, 11th Edition. Trip generation rates were examined for the weekday P.M. peak hour of adjacent street and the highest demand condition for the weekend (Saturday) peak hour of generator. Note that, in accordance with the City of Miami Downtown DRI Increment III, a 14.2 percent (14.2%) transit reduction and a 15.0 percent (15.0%) pedestrian reduction were applied to the trip generation calculations. Further note that based on data collected at the Cadillac Hotel, a 42.6 percent (42.6%) taxi/rideshare trip reduction factor was applied to the trip generation to account for guests arriving via taxi/rideshare to the site. The trip generation calculations indicate that the proposed development will generate 45 valet trips (30 drop-off and 15 pick-up) during the weekday P.M. peak hour and 62 valet trips (37 drop-off and 25 pick- up) during the weekend (Saturday) peak hour of generator. Detailed trip generation calculations and taxi/shared-ride information is included in Attachment B. VALET SERVICE AND OPERATIONS The development will be served by one (1) drop-off/pick-up area for valet drop-off and pick-up operations. The drop-off/pick-up area is proposed to be located along the south side of SE 8th Street/Brickell Bay Drive just east of Brickell Bay Drive. Note that this drop-off/pick-up area is proposed within an existing right -turn lane. The drop-off/pick-up area consists of one (1) lane with storage for approximately three (3) vehicles. This analysis assumes that two (2) spaces will be used for valet operations and one (1) space will be used for taxi/rideshares. Please note that self -parking is not provided on -site. As a result, all vehicles will be valeted with the exception of taxi/rideshare. The valet drop-off route consists of vehicles entering the existing parking garage within the site to turn around and travel west along SE 8th Street/Brickell Key Drive and south on Brickell Avenue to enter the existing parking garage located at 1001 Brickell Bay Drive, where valet vehicles will be parked. The valet pick-up route consists of vehicles exiting the 1001 Brickell Bay Drive garage, traveling north along 411y!.ark� NOTICE mid eobrnitlal needs m te.Ih.&w d m, a pabk hearing Ki m l ey >> H o r n n a�or tnn w mehn s b forth inthe Cityn,ndo Mlarni CWe. The appliwd, decision -making bWy will ewthe inbrmation at the pubec hearing to rentler e Jarone Ashkenazi, Jan o ndatlon or z f,z[d-idcn PZ-21-10925 04/04/23 Brickell Avenue and east along SE 8th Street/Brickell Key Drive to the drop-off/pick-up a illustrating of the proposed valet routes to and from the valet parking garage is con • Attachment A. VALET OPERATIONS ANALYSIS The valet queuing operations analysis was performed based on the methodology outlined in ITE's Transportation and Land Development, 1988. The analysis was performed to determine if valet operations could accommodate vehicular queues without blocking travel lanes on Brickell Key Drive. Valet operations were analyzed for the number of valet attendants and required vehicle stacking for the proposed development traffic. Valet Assumptions The queuing analysis used the multiple -channel waiting line model with Poisson arrivals and exponential service times. The queuing analysis is based on the coefficient of utilization, p, which is the ratio of the average vehicle arrival rate over the average service rate multiplied by the number of channels. Valet drop-off trip service time was calculated based on the time it would take a valet parking attendant to obtain and park a drop-off vehicle at the proposed valet parking lot and return to the proposed drop- off/pick-up area. Valet pick-up trip service time was calculated based on the time it would take a valet parking attendant to bring a parked vehicle back to a patron at the drop-off/pick-up area for pick-up. The service time for valet drop-off operation corresponds to the following: • Exchange between valet attendant and driver (0.5 minutes) • Valet attendant drives vehicle from drop-off/pick-up area to valet parking lot (1.1 minutes) • Valet attendant walks/runs from valet parking lot to drop-off/pick-up area (3.1 minutes) Total service rate: 4.7 minutes The service time for valet pick-up operation corresponds to the following: • Valet attendant walks/runs from drop-off/pick-up area to valet parking lot (2.8 minutes) • Valet attendant drives vehicle from valet parking lot to drop-off/pick-up area (0.7 minutes) • Exchange between valet attendant and driver (0.5 minute) Total service rate: 4.0 minutes The calculated average service time for vehicles valeted from the drop-off/pick-up area is 4.7 minutes for valet drop-off and 4.0 minutes for pick-up. Processing times include the time for the exchange between the driver and valet attendants. Detailed trip length calculations are included in Attachment C. If the coefficient of utilization (average service rate/valet attendant service capacity) is greater than one (>1), the calculation methodology does not yield a finite queue length. This result indicates overcapacity conditions for the valet area. The valet attendant service capacity is the number of total trips a valet attendant can make in a one -hour period multiplied by the number of valet attendants. The analysis determined the required queue storage, M, which is exceeded P percent of the time. This analysis seeks to determine if valet operations could accommodate vehicular queues without blocking cts' nF'.r�i NOTICE k, s�nmmai �eeasm be Ihn & •e mra p�bk Mearmg m auo�ea�«wMn emen�e� se<tnn m me cry oe ��m ey >>Horn iamiCcae.7he app, t th aecisio h,,,,,gt nd,,llew theinmimatian at the p`' Mearing to rend eraJarone Ashkenazi, JanommeWA o1�aie"raoPZ-21-1092504/04/23travel lanes on SE 8th Street/Brickell Key Drive at a level of confidence of 95 pe previously mentioned, two (2) vehicle drop-off/pick-up spaces are provided for valet operatio ` valet drop-off/pick-up area located along SE 8th Street/Brickell Key Drive. Valet Analysis An iterative approach was used to determine the number of valet attendants required to accommodate the proposed development demand during the analysis hour and ensure that the 95th percentile valet queue does not extend beyond the designated valet service area. Detailed valet analysis worksheets are provided in Attachment C. Results of the highest demand condition (Saturday) valet operations analysis demonstrate that 8 valet attendants would be required to accommodate vehicle drop-off/pick-up demand. Valet Conclusion Based on the valet operations analysis performed, it was determined that the 95th percentile valet queues are not anticipated to extend beyond the valet service area and onto SE 8th Street/Brickell Key Drive. Based upon the conservative assumptions applied to the highest traffic demand condition, it was estimated that 8 valet attendants may be required during peak periods. It should be noted that projected vehicular volumes and estimated valet processing times were conservatively assumed in the analysis. If it is determined that valet processing times can be performed more efficiently and/or actual traffic volumes are lower than projected, a reduced number of valet attendants may be adequate to serve the site. %%%'* gETH pF�.,,� i � �1 C E NSF No. 93227 STATE OF Elizabeth Perez, P.E. Florida Registration Number 93227 Kimley-Horn and Associates, Inc. 8201 Peters Road Plantation. Florida 33324 K:\FTL_TPTO\143647000 - Delilah Miami\correspond ence\Valet Operations Analysis.docx This item has been digitally signed and sealed by Elizabeth Perez, P.E. on January 5, 2023, using a Digital Signature. Elizabeth Perez Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. 411y!arR� NOTICE This submittal needs b te• achetluled br s public hexhng In accortla,re wM1h tlmell,1 set forth in the City & Miami CWe. The appliwd' declsion-m&'g bwywill rewewiheinbrmation at the pubic hearing t, re,d,, recomme dtl ., or a ffinsl decide,. PZ-21-10925 \\ 04/04/23 Attachment A Conceptual Site Plan and Proposed Valet Route O Q O O O O O 21 -------------- f— -EMI I I z�^� a.ds I YO �I o �r=—=--iit I o 0 0 I � Z, I s,An n 1 NOTICE Th's submRtal neetls to be I,I,,Dletl for a pabkC hearing In eccortlana wkh timel'nes set forth n the City of Miami Cotle. The apply. de tleoision-making botly will rewewihe nlormakon at the pabko hear ng to —I a me mentlaLon orafinal tlec son. PZ-21-10925 7\� 04/04/23 fI� G �I ©e LF 2— C ma � I _ i0, ® �6 ";91 � � LI — -- i r I- I I LIFE SAFETY PLAN wuwwmffi\� "`y III DELILAH (RESTAURANT al. I1 2170 SYMBOLKEY z—z—z swixwio.x aamnoEooxcxcs, Ia- xco�xsw�usEaxrn � occuanx. �o s�o © �a000a-.SM�.�FlaE�,�o i rts�o. < FW I' - r' E �AM�. FLaa,a, — ��- L.a ---- -mom mm E� it ' ,sHOEM e11e11 K x wuccriox xoom oxx sswra�3z��asec .su g£` 5 Evnrowomuanxr �a�.� ,xa ssw essa sec „3 &ab g€ n LIFE SAFETY PLAN -LEVEL 1 sLE.. ,ia - r_o _ LIFE SAFETY PLAN A2.01 /►7r//i/ iac � \\_ _Z NOTICE This submittal needs b te• achetluled b, s public hexhng In accortlanre wM1h tlmelln1 set iodh in the City & Miami CWe. The appliwd' declsion-m&'g bwywill rewewiheinbrmation at the pubic hearing to rentlere rece—datien or a ffinsl decidon. PZ-21-10925 \\ 04/04/23 Attachment B Trip Generation Calculations NOTICE mi. sebminai "seasm­Ihedeiee mr a p�bk hear,"g Inwtlmellseforth nth, city m Mwc"e.Thea°°�aea�"'"."PROPOSED WEEKDAY P.M. PEAK HOUR TRIP GENERATION t the pubU,et,ender a recommendation or a final aecivo". ITE TRIP GENERATION CHARACTERISTICS DIRECTIONAL DISTRIBUTION GROSS VOLUMES TRANSIT REDUCTIONt't EXTERNAL TRIPS PED rL REDU 04,04,23 Percent Tr otal 15.0% 14 78 Land Use ITE Edition ITE Code Scale ITE Units Percent In Out Total Percent TR Trips In Out Total In Out 1 Fine Dining Restaurant 11 931 13.774 ksf 67% 33% 72 35 107 14.2% 15 62 30 92 2 3 4 5 6 7 8 9 10 ITE Land Use Code Rate or Equation Total: 72 35 107 14.2% 15 62 30 92 15.0% 14 931 Y=7.8(X) 42.6% Taxi/Rideshare Reduction Proposed Valet Trips 53 26 78 23 11 33 30 15 45 Note: t'tBased on City of Miami Downtown DRI Increment III transit reduction and pedestrian reduction factors. K:\FTL_TPTO\143647000 -Delilah Miami\calcs\trip gen\TRIP GEN 10 WD_ksf.xlsx: PRINT -PEAK HOUR 12/21/2022,3:27 PM PROPOSED SATURDAY PEAK HOUR OF GENERATOR TRIP GENERATION NOTICE This submittal neatls b be ech.&u d for a pubec hearing In eccortlanre wkh tlmellnes set forth in the City & Mlami Cwtl .The appl,-U, decision -making bWywill renewihe information at the pubkc hearing to rentler a recommentlation nr a final tlecivon. ITE TRIP GENERATION CHARACTERISTICS DIRECTIONAL DISTRIBUTION GROSS VOLUMES TRANSIT REDUCTIONt't EXTERNAL TRIPS PED REDU 04/04/23 Percent Tr 10otal 15.0% 19 7 Land Use ITE Edition ITE Code Scale ITE Units Percent In Out Total Percent TR Trips In Out Total In Out 1 Fine Dining Restaurant 11 931 13.774 ksf 59% 41 % 87 60 147 14.2% 21 75 51 126 2 3 4 5 6 7 im 8 9 1101 1 1 I I ITE Land Use Code Rate or Equation Total: 87 60 147 14.2% 21 75 51 126 15.0% 19 931 Y=10.68(X) 42.6% Taxi/Rideshare Reduction Proposed Valet Trips 64 43 107 27 18 45 37 25 62 Note: t'tBased on City of Miami Downtown DRI Increment III transit reduction and pedestrian reduction factors. K:\FTL_TPTO\143647000 -Delilah Miami\calcs\trip gen\Weekend\TRIP GEN 10 W E_ksf.xlsx: PRINT -PEAK HOUR 1/4/2023,3:54 PM NOTICE This submittal needs t be schetluled br s public hearing In accortlanre wM1h tlrnell11 set forth in the City & Miami CWe. The appU-d' deck- making bwywill rewewihe inbrmatiran at the pubec hearing to rentler e rece—datien or a ffinsl decidon. PZ-21-10925 \\ 04/04/23 Attachment C Valet Analysis 41� np tlL 1 N ARF Valet Drop-off/Pick-Up Calculated Travel Time NOT ICE mi. s°bmittal nea°I�emr a P°bg� nearing In ecc°rtlana wM1h hmellnes set i°rtn in the city - Mrami C°tle. The appll�ade becisi°n-ma Xing bE will Off -Site Parking Calculated Travel Time "`wh` o coati°nattnep°bgend-im ° e°hero doll°, °r z final tleciv°n. PZ-21-10925 VALET DROP-OFF .4/04/23 VEHICLE TRAVEL TIME VALET ATTENDANT TRAVEL T • Travel Times (Assume 15 mph speed) Travel Times (Assume 5 ft/s speed To Valet Site (In vehicle) Distance Travel Time 0.28 miles 1.1 minutes Controlled Delay 0.5 Minutes Total Time 4.7 Minutes Return from Valet Site (Walk/Run) to Valet Area Distance Travel Time 0.18 miles 3.1 minutes Naming uarage caicuiatea i ravel i ime VALET PICK-UP VALET ATTENDANT TRAVEL TIME I VEHICLE TRAVEL TIME Travel Times (Assume 5 ft/s speed) Travel Times (Assume 15 mph speed) To Valet Site (Walk/Run) Distance Travel Time 0.16 miles 2.8 minutes Controlled Delay 0.5 Minutes Total Time 4.0 Minutes Return from Valet Site (In Vehicle) to Valet Area Distance Travel Time 0.17 miles 0.7 minutes K:\FTL_TPTO\143647000 - Delilah Miami\calcs\valet analysis\Valet Trip - Travel Time.xls Valet Drop-off/Pick-up Analysis - Weekday P.M. Peak Hour Arrival Rate Drop -Off Pick -Up 30 15 veh/hr Service Rate Drop -Off Pick -Up 4.70 4.00 mins/veh NOTICE mid sebminal news m ­nh.&e d mr a pabk haahng In eccortlanre wkh tlmallnes set forth in the City & Mlami Cwd .The applud, decision -making bWywill renewthe information at the pabkc hearing to rentler a recommendation or a final d-ison. PZ-21-10925 71rA 04/04/23 ZJ Number of Valet Attendants (N) = 6 Level of Confidence = 0.95 Storage Provided On -Site = 2 vehicles Total Entering and Exiting Vehicles(q) = 45 veh/hr Service Capacity per N (60 mins/Service Rate) (Q) = 13.43 veh/hr/pos Average Service Rate (t) = 4.47 mins/veh rho (t/Q) = 0.558 Expected (avg.) number of vehicles in the system E(m)= 0.19 Expected (avg.) number of vehicles waiting in queue E(n)= 3.54 Mean time in the queue E(w)= 0.25 mins Mean time in system E(t)= 4.72 mins Proportion of customers who wait (P) (E(w) > 0)= 15.10% Probability of a queue exceeding a length (M) P(x > M)= 5.00% Queue length which is exceeded 5.00% of the times is equal to 0.9 vehicles K:\FTL_TPTO\143647000 - Delilah Miami\calcs\valet analysis\Valet Analysis.xls Valet Drop-off/Pick-up Analysis - Saturday Peak Hour of Generator Arrival Rate Drop -Off Pick -Up 37 25 veh/hr Service Rate Drop -Off Pick -Up 4.70 4.00 mins/veh NOTICE mid sebminal news m ­nh.&e d mr a pabk haahng In eccortlanre wkh tlmallnes set forth in the City & Mlami Cwd .The applud, decision -making bWywill renewthe information at the pabkc hearing to rentler a recommendation or a final d-ison. PZ-21-10925 71rA 04/04/23 ZJ Number of Valet Attendants (N) = 8 Level of Confidence = 0.95 Storage Provided On -Site = 2 vehicles Total Entering and Exiting Vehicles(q) = 62 veh/hr Service Capacity per N (60 mins/Service Rate) (Q) = 13.58 veh/hr/pos Average Service Rate (t) = 4.42 mins/veh rho (t/Q) = 0.571 Expected (avg.) number of vehicles in the system E(m)= 0.15 Expected (avg.) number of vehicles waiting in queue E(n)= 4.71 Mean time in the queue E(w)= 0.14 mins Mean time in system E(t)= 4.56 mins Proportion of customers who wait (P) (E(w) > 0)= 11.10% Probability of a queue exceeding a length (M) P(x > M)= 5.00% Queue length which is exceeded 5.00% of the times is equal to 0.4 vehicles K:\FTL_TPTO\143647000 - Delilah Miami\calcs\valet analysis\Valet Analysis.xls 411y!arR� Mari Cou-Martin From: Sent: To: Cc: Subject: Mari, NOTICE mil IlbmMtl[r d, m te. Ih.&ld m, I pbk h.,,,9 Steiner, Sevanne <SSteiner@miamigov.com> In.c da wRh 1,d,d.setforthh me City& ^^1am1 Cotle Theapp°�detl�1s1on-maX1ogb 1. dtl ,� renew theInbrmatipi at the pu hearingfo.F lrI Thursday,March 16, 2023 7:19 PM ml-21 or�nr,Ii25 rIPZ-21-10925 Mari Cou-Martin {F 1431478SI.Active@gmlaw.imanag e.work 04/04/23 I RE: Delilah Miami - PZ-21-10925: 801 BRICKELL BAY DR -Exception ACTIVE.FI D 14314785] [IMA I had the comment updated to a condition. I think the main concern now is a discrepancy between The LOI and site survey. The LOI has one unit and the site survey and alcohol has 2. IM OP UVE4 IL �I Sevanne Steiner, CNU-A Assistant Director Planning Department 444 SW 2111 Avenue, 311 Floor Miami, FL 33130 Phone: (305) 416-1081 Email: ssteiner@miamigov.com From: Mari Cou-Martin <Mari.Cou-Martin@gmlaw.com> Sent: Wednesday, March 15, 2023 12:03 PM To: Steiner, Sevanne <SSteiner@miamigov.com> Cc: {F14314785}.Active@gm law. imanage.work Subject: FW: Delilah Miami - PZ-21-10925: 801 BRICKELL BAY DR -Exception [IMAN-ACTIVE.FID14314785] Importance: High CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Sevanne, Can you please advise on the below? We received the below comment on this application from Zoning and just wanted to know where it states this requirement within the City Code? We could not find it. By the way this is dragging on and we really need these folks on the April hearing agenda. They have already planned to be here for it. There were some comments from Vickie Torranzo that had already been addressed (see attached) and we are pending for Transportation to release the task so that we can address any issues. Everything was supposed to have already been addressed. 1 Provide back of chair measurements, 18 minimum is required. A' Comment NOTICE Reviewer Response: Rafael Rodriguez ,„Iseobmmtl[ ead,bb h.&o dtl rap°b°hear,ng ID-10.7 provides the measurements of the furniture. The comment is requesting to provide 18" na�prtlan�wUme°"e°'`° bl"'be`Iyp Miami Code. The appl,.!Je decision -making body will rewewthe inhr"nation at the pobc hearing to rentler e the back of each chair to other chairs or structure. This is to ensure in the event of an emergency, ° "e""°°"°'a""a`°e5 PZ-21-1092 safely and not prevent others from doing so. 04iO4i23 Thank you in advance, Mari ree n s p o o n H a rd er.jb - CEIE MAII FJC+ 10R11 YEARS 10. ETHER Mari Cou-Martin, FRP, ACP Florida Registered Paralegal Advanced Certified Paralegal Hospitality, Alcohol & Leisure Industry Group Brickell World Plaza 600 Brickell Avenue, Suite 3600 Miami, FL 33131 Direct Line: 305.789.2776 Phone: 305.789.2770, ext. 3414 Email: Mari.Cou-Martin@gmlaw.com www.emlaw.com From: Rodriguez Jr, Rafael <rafaelrodriguez@miamigov.com> Sent: Wednesday, March 15, 2023 11:58 AM To: Mari Cou-Martin <Mari.Cou-Martin@gmlaw.com> Cc: fF143147851.Active@gm law.imanage.work Subject: RE: Delilah Miami - PZ-21-10925: 801 BRICKELL BAY DR -Exception [IMAN-ACTIVE.FID14314785] Good morning Mari, I don't believe this is in the City Code. To my recollection, this is a common practice comment applied by the Planning Department many years ago when I used to work in Planning. You may reach out to Planning to inquire on the origin of this comment. If Planning wishes to no longer enforce this criteria, I will update the comment status accordingly. Best, 1,%-, U, , Rafael Rodriguez 4 Planner Zoning Department '¢ Office:305-416-1438 °rrL4`' From: Mari Cou-Martin [mailto:Mari.Cou-Martin@gmlaw.com] Sent: Wednesday, March 15, 2023 11:21 AM To: Rodriguez Jr, Rafael<rafaelrodriguez@miamigov.com@miamigov.com> Cc: {F143147851.Active@gm law.imanage.work Subject: Delilah Miami - PZ-21-10925: 801 BRICKELL BAY DR -Exception [IMAN-ACTIVE.FID14314785] Importance: High 411y!are� NOTICE mI, eobmidal needs m ­he&ied mr a pbk heeling In accond—wM1h hmellnee set forth in the City of Mlami CWe. The appliwde bs—n- naXing body will renew the information at the p,bbc hearing I, "d"e recommendation nr a final eeciaon. PZ-21-10925 \\ 04/04/23 CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Rafa, Just wanted to reach out on your comment below on this exception. I believe you had previous said we could provide an example that the city accepted from another application. Can you please advise where it states this requirement within the City Code? We could not find it. Provide back of chair measurements, 18 minimum is required. Comment Reviewer Response: Rafael Rodriguez ID-10.7 provides the measurements of the furniture. The comment is requesting to provide 18" minimum spacing from the back of each chair to other chairs or structure. This is to ensure in the event of an emergency, everyone can get up safely and not prevent others from doing so. Thank you in advance, Mari r n nHarderLLP.0 - C IE..11 WO FORTY YEARS TOGETHER Mari Cou-Martin, FRP, ACP Florida Registered Paralegal Advanced Certified Paralegal Hospitality, Alcohol & Leisure Industry Group Brickell World Plaza 600 Brickell Avenue, Suite 3600 Miami, FL 33131 Direct Line: 305.789.2776 Phone: 305.789.2770, ext. 3414 Email: Mari.Cou-Martin@gmlaw.com wwwgmlaw.comlaw.com GREENSPOON MARDER LLP LEGAL NOTICE 411y!arRh NOTICE ed. m � Ihedwed mr. p°bd° hearing The information contained in this transmission may be attorney/client privileged and confidentie wlimebnes seti°rth come City& appz 1, de°l.i°n-mahingbWY ndl nati°n at the p°b° hearing t° rendthe use of the individual or entity named above. If the reader of this message is not the intende" tlt.° raftIde"dZ-21-10925 V hereby notified that any dissemination, distribution or copying of this communication is strictly 04/04/23 received this communication in error, please notify us immediately by reply e-mail. Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, "written advice" as defined in Section 10.37 of Treasury Department Circular 230. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you. SIEBEIN ACOUSTIC ARCHITECTURAL I ENVIRONMENTAL January 14, 2022 Mr. Mark Caesar F-m-1 LC___1 3050 SW 38th Court Miami, FL 33146 Dear Mark: Siebein Associates, Inc. Consultants in Architectural and Environmental Acoustics 625 NW 601h Street, Suite C Gainesville, Florida 32607 Telephone - (352) 331-5111 Facsimile: (352) 331-0009 411y!arR� NOTICE ThI, eu bnitlaln d, b te• achetlulee b, a public hearing In accond—wM1h t—i n, se forth in the City & Mlarni CWe. The zppb-Ue bslsion-naXing bWy will renew the inbrn ,at the pubc hearing to rend,,e recomnenda ., nr z final eeciaon. PZ-21-10925 \\ 04/04/23 Enclosed please find the Design Development Acoustical Design Recommendations report for the Delilah Restaurant project in Miami, Florida. The recommendations contained within this report are based on a review of a set of drawings for the project received on November 19, 2021; a site visit on January 7, 2022; a review of acoustical criteria applicable to the project; and acoustical analysis conducted in our office. The report describes acoustical design criteria and systems for sound isolating assemblies at critical adjacencies; and sketches of acoustical assemblies to meet the acoustical design criteria. Please do not hesitate to contact us if you have any additional questions in this regard. Sincerely, SIEBEINASSO CIA TES, INC. Keely M. Siebein, ASA, INCE, LEED AP BD+C Associate Principal Consultant Members of the Acoustical Society of America, American Institute of Architects, the Institute of Noise Control Engineers, American Society for Testing and Materials, American Society of Heating, Refrigeration & Air-conditioning Engineers and the National Council of Acoustical Consultants DESIGN DEVELOPMENT ACOUSTICAL DESIGN RECOMMENDA for The Delilah Restaurant Miami, Florida for F-m-1 LG-1 3050 SW 38th Court by S I E B E I N ASSOCIATES 625 NW 60th Street, Suite C T: 352.33.5111 F: 352.331.0009 office@siebeinacoustic.com January 14, 2022 INTRODUCTION 411y!arR� NOTICE This submittal needs b fp sche&W d br a pubk hearing In accordance with bmelln1 set toah in the City o Miami CW, The applicade decision -making body will reNewihe inlonnalion at the pabc hearing to render a recommendation or a flnM deciaon. PZ-21-10925 \\ 04/04/23 The recommendations contained in this report include a review of sound isolation strategies for the Delilah Restaurant project and are based on a review of a set of drawings for the project received on November 19, 2021; a site visit on January 7, 2022, a review of acoustical criteria applicable to the project; and acoustical analysis conducted in our office. The report describes acoustical design recommendations for sound isolating assemblies at critical adjacencies; and sketches of acoustical assemblies to meet the acoustical design criteria. The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation January 14, The acoustical design recommendations discussed in this report present strategies tc transmission from one room to another as well as to reduce noise of airborne sound and amplified music playing on the stage to acoustically sensitive spaces adjacent to the re: Sound Transmission Class (STC) Ratings 411y!arRa NOTICE Thls submittal needs b be echeaolee br s public hearing In accortlanre wM1h tlmellnes set forth in the city & Mlami CWe. The appli-tge dslsion-maXing bWy will rewew the Inbnnation at the pubc hearing t. render e me—ndation orafinal eeciaon. PZ-21-10925 04/04/23 The Sound Transmission Class (STC) rating is used to describe the average reduction in airborne sound energy as it passes through a wall or floor/ceiling assembly. Airborne sounds include voices, television sets and other sounds that travel through the air and strike building surfaces where a portion of the energy is transmitted to the adjoining unit. The STC rating is only one of the acoustical criteria used to evaluate the performance of a demising wall and/or floor/ceiling assembly. There are other factors to consider in the selection of a demising wall between rooms beyond just the STC rating to reduce the likelihood of noise related complaints. The acoustical criteria to consider in the design and selection of demising walls in residential units are listed below: A. The sound reduction of the wall assembly for general airborne sounds as determined by tests conducted in an acoustical laboratory. This is usually reported as an STC rating. B. The sound reduction of the wall assembly for low frequency "bass" sounds produced by television sets or stereo systems. C. The ability of the wall to maintain a solid, un-penetrated barrier given the practical necessity to penetrate the outer skins of the wall for electric, communication, RVAC, fire sprinkler and other building services. D. The ability to have enclosed chases within one unit for localized plumbing and other building services separated by more than one or two sheets of gypsum board from adjoining units. This is similar to Item C. E. The ability to reduce potential impact sounds from the opening and closing of doors and drawers of casework, cabinets, custom closet build -outs, etc. SIEBEIN ACOUSTIC Paget The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation RESTAURANT AND PERFORMANCE AREA January 14, NOTICE This submittal needs b be scheduled for a public nearing Miamccordance with timelines set fonh in the City of Ccde. The a pplica N, dxi n-making body vnll n,Ae the Inform ,at the public hearing t. renders nxommend—, or a flnal d-im, PZ-21-10925 �\ 04/04/23 RECOMMENDATIONS TO REDUCE NOISE LEVELS DUE TO AMPLIFIED SOUNDS RESTAURANT Restaurants with music performance spaces often generate both air borne and structure borne noise that is transmitted to acoustically sensitive spaces horizontally throughout the entire floor of the building and vertically through multiple floors of the building above and below the Restaurant depending on the level of music played in the room. Noise from people speaking as well as amplified sounds are also a potential acoustical issue. Ideally, the Restaurant should be constructed as an isolated, six -sided `room -within -a -room' construction to reduce both air borne and structure borne sounds. Please see Figure la for a conceptual detail of this. CONCEPT DRAWING OF TYPICAL BOX -IN -BOX CONSTRUCTION Existing 12" Thick Concrete Slab Isolation Hangers as Recommended Glass Fiber Batts G3-ICC Sound Isolation Ceiling Space for Building Systems Finish Ceiling Multi -layer gypsum board wall assembly 1-2" Minimum Air Space, Resilient Sway Braces may require more space Existing Wall WDF Floated Floor (minimum) Isolate Structure Existing Floor Figure 1A. Concept detail sketch showing Box -in -Box Construction. SIEBEIN ACOUSTIC The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation CEILINGS January 14, The following comments apply to the Main Dining Area, Foyer, Hallway and B NOTICE mis n &m ­he&i dmra pabk h—ing unndan«wkn emalin. seronh in me Cis o Miami Ceae.7he appk.de decision --king bWywill renew the inlonnalion at the pubc hearing to mnd,, a meneation., a finM dedaon. PZ-21-10925 \\ 04/04/23 Spaces. "% j It is recommended to provide a sound isolation ceiling above the Main Dining Area, Foyer, Hallway and Back of House spaces to reduce sound transmission and impact noise propagating into the Residential units above when amplified sounds are to be played in these spaces. SA ceiling type G3-ICC (preferred) with the acoustical finish ceiling below should be constructed for the ceiling above the main dining spaces, or SA ceiling type G2-ICC-Finish Ceiling (acceptable) or G2-KSCH/A8-Finish ceiling (minimum). This construction would form an inner 2 to 3 layer gypsum board wall and ceiling that is isolated from the rest of the building. This is to minimize flanking sound paths and structure -borne noise and vibrations from entering the floor slab of the residential units above or other spaces. This system should ideally be penetrated as little as possible. The finish ceiling should be suspended below this system. There should be enough space between the sound isolation ceiling and the finish ceiling to fit the building systems if they are to be enclosed. This ceiling configuration should ideally be used in the areas where there is a concrete slab above and in the dining area with the metal roof deck. The area with the metal roof deck will have more sound bleed and lower levels of sound reduction than the areas with the concrete slab above. This ceiling can also be used in the Foyer and Hallway on the floor below if amplified music will be played there to provide sound isolation to the main Dining Area above. CEILING OPTION 1 (Preferred) Ceiling G3-ICC- Base Floor 8" STC 70 IIC 70+ Finish Assembly Concrete Slab Description: Finish ceiling with an air space where ducts and building services can run and a sound isolation ceiling consisting of 2 layers of 5/8" gypsum board ceiling with framing as required suspended on spring isolators such as Kinetics Noise Control's ICC ceiling hangers, an air -space (11" to 12" depending on the product used) between the bottom of the concrete slab and the 2 layers of gypsum board with glass fiber batts in the cavity. Anticipated Resulting d Sound Level Qualitative Description of Sound Level NC in space Room above Lightly amplified speech, people speaking across a table into a speakerphone or <15 75 louder, unamplified voices spoken during a heated discussion in a meeting. It would also occur with lightly amplified video clips played at moderate levels Amplified voices and amplified or natural acoustic music played at what many <20 85 people would consider moderate listening levels in a small to medium-sized listening venue Loudly amplified music in a medium to larger size venue during weddings and <25 95-100 other events with lively dance music played in them. This level would be elevated 25with if a "bass boost" were added to the sounds or subwoofers are included for bass s boost playback of dance music or excitingvideo clips SIEBEIN ACOUSTIC Page The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation CEILING OPTION 2 (Acceptable) January 14, 411y!arR� NOTICE Thlc needs m ­hedwed mr a pbk heeling In e�oraen� wim emennes set ronh In the City & Miami CWe. The appliwhle tlec1—n-maXing bWy will rewewtheinbrmation at the pubk hearing to rentlere rrenommendeaon or a fine[ deddon PZ-21-10925 \A\ 04/04/23 Ceiling G2-ICC- Base Floor 8" STC 70 IIC 7 .�� Finish Assembly Concrete Slab Description: Finish ceiling with an air space where ducts and building services can run and a sound isolation ceiling consisting of 2 layers of 5/8" gypsum board ceiling with framing as required suspended on spring isolators such as Kinetics Noise Control's ICC ceiling hangers, an air -space (11" to 12" depending on the product used) between the bottom of the concrete slab and the 2 layers of gypsum board with glass fiber batts in the cavity. Anticipated Resulting d Sound Qualitative Description of Sound Level NC in space Level above Room Lightly amplified speech, people speaking across a table into a speakerphone or <20 75 louder, unamplified voices spoken during a heated discussion in a meeting. It would also occur with lightly amplified video clips played at moderate levels Amplified voices and amplified or natural acoustic music played at what many 20 85 people would consider moderate listening levels in a small to medium-sized listening venue Loudly amplified music in a medium to larger size venue during weddings and 25 95-100 other events with lively dance music played in them. This level would be elevated 30 with bass if a "bass boost" were added to the sounds or subwoofers are included for boost playback of dance music or excitingvideo clips CEILING OPTION 3 (Minimum) Ceiling G2- Base Floor 8" STC 65 IIC 65+ KSCH/A8- Assembly Concrete Finish Slab Description: Finish ceiling with an air space where ducts and building services can run and a sound isolation ceiling consisting of 2 layers of 5/8" gypsum board on metal framing as required supported by Kinetics Noise Control's KSCH Super Compact Ceiling Hangers with glass fiber batts in the cavity. This system has a depth of approximate) 5-3/8" below the concrete slab Anticipated Resulting NC d Sound Level Qualitative Description of Sound Level in space Room above Lightly amplified speech, people speaking across a table into a speakerphone or 20 75 louder, unamplified voices spoken during a heated discussion in a meeting. It would also occur with lightly amplified video clips played at moderate levels Amplified voices and amplified or natural acoustic music played at what many 85 people would consider moderate listening levels in a small to medium-sized 20-25 listening venue Loudly amplified music in a medium to larger size venue during weddings and 35-40 95-100 other events with lively dance music played in them. This level would be elevated 55 with bass if a "bass boost" were added to the sounds or subwoofers are included for boost playback of dance music or exciting video clips SIEBEIN ACOUSTIC Pnno5 The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation FLOORS January 14, There are 2 floors to be considered in the Delilah project. 1. The floor to the space below. This assembly should be considered from an NOTICE mis submidal nerds m. snhe&d mr a pabk hearing Miamccordance with time1—set forth in the City of Ccde. The applies de d--n-making body.11 renew the information al the pubdc hearing to render a � mended., or a finM der.iann. PZ-21-10925 \` 04/04/23 standpoint. From an IIC standpoint, the floor must be isolated from the concrete slab vibration from footfall, chairs moving and any other impact sounds. The STC addresses t e airborne component of sound. The floor assembly must be able to reduce the airborne sound from the amplified music to the space below. 2. The floor above the Main Dining. The floor above the Main Dining will need adequate airborne sound reduction to reduce the sounds from the amplified music. This is dealt with using a sound isolation ceiling, as previously mentioned. BASE FLOOR ASSEMBLY The base floor/ceiling assembly of the building is an 8" thick concrete slab. This base slab, without an acoustical underlayment can achieve an STC ratings of approximately 52 to 58. A 8" thick concrete slab without an acoustical underlayment has IIC ratings of approximately 28 to 32 based on a review of laboratory tests in the literature. Sounds such as footsteps on the floor above, furniture moving, etc. will be plainly audible at disturbing levels to most people with this floor system. Thick acoustical underlayments are required below any hard surface flooring to meet building code and Guideline on Acoustics criteria ratings. PROPOSED FLOORING ISOLATION RECOMMENDATIONS The proposed floor in the Delilah Restaurant is wood flooring. A sound isolation system such as SA Floor type WDF includes Kinetics RIM, Mason Industries EAFM pads that are 2" high should be installed on top of the existing concrete. Glass fiber insulation should be installed 1 1/2" thick between the sound isolation system. Two layers of 3/4" thick plywood should be installed on top of the sound isolation system, with 1 layer of 3/8" thick plywood installed on top of the 2 layers of 3/4" plywood. The finish floor should be installed on top of the layers. Alternately, instead of the Kinetics or Mason system, Pliteq GemeMat can be used on top of the existing concrete slab. WALLS 1. WALLS ALONG PERIMETER OF SPACE The walls along the perimeter of the space are cmu walls. This provides a base wall that can attenuate low frequency sounds more easily than a metal stud wall. Where the cmu perimeter walls adjoin residential spaces or backs up to other spaces, consider adding metal framing and 2-3 layers of gypsum board, similar to an SA Wall Type C8-G2 or C8-G3. 2. WALLS TO PRIVATE DINING Decisions about the construction of the sound isolating wall assemblies between the Main Dining and Private Dining and surrounding spaces; should be made in consideration of what the allowable or likely sound levels in the adjacent room will be. Three options for gypsum board walls are presented for walls to the Private Dining. SIEBEIN ACOUSTIC Page The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation SA WALL TYPE OPTION 1 (Preferred) January 14, 411y!arR� NOTICE Thlc needs m ­hedwed mr a pbk heeling In e�oraen� wim emennes set ronh In the City & Miami CWe. The appliwhle tlec1—n-maXing bWy will rewewtheinbrmation at the pubk hearing to rentlere rrenommendeaon or a fine[ deddon PZ-21-10925 04/04/23 SWall Gor STC 62-64 �T T Type G2-G G2-G2 Description: 2 layers of 5/8" thick gypsum board on one side of 20 gauge 24" on center 3-5/8" or greater metal studs and 2 layers of 5/8" thick gypsum board on resilient sound isolation clips on the other side with full depth lass fiber batts in the framing space. Anticipated Resulting Sound Description of Sound Level NC in Level in adjacent adjacent Room space Lightly amplified speech, people speaking across a table into a speakerphone or 20 75 louder, unamplified voices spoken during a heated discussion in a meeting. It would also occur with lightly amplified video clips played at moderate levels Amplified voices and amplified or natural acoustic music played at what many 85 people would consider moderate listening levels in a small to medium-sized 35 listening venue Loudly amplified music in a medium to larger size venue during weddings and 50 95-100 other events with lively dance music played in them. This level would be elevated >65 with bass if a "bass boost" were added to the sounds or subwoofers are included for boost playback of dance music or excitingvideo clips SA WALL TYPE OPTION 2 (Acceptable) SA Wall G3-ISO or STC 58-60 Type G4-R Description: 2 layers of 5/8" thick gypsum board on one side of 20 gauge 24" on center 3-5/8" or greater metal studs and 1 layer of 5/8" thick gypsum board on resilient sound isolation clips on the other side with full depth lass fiber batts in the framing space. Anticipated Resulting Sound Description of Sound Level NC in Level in adjacent adjacent Room space Lightly amplified speech, people speaking across a table into a speakerphone or 35 75 louder, unamplified voices spoken during a heated discussion in a meeting. It would also occur with lightly amplified video clips played at moderate levels Amplified voices and amplified or natural acoustic music played at what many 85 people would consider moderate listening levels in a small to medium-sized 50 listening venue Loudly amplified music in a medium to larger size venue during weddings and 65 95-100 other events with lively dance music played in them. This level would be elevated >65 with bass if a "bass boost" were added to the sounds or subwoofers are included for boost playback of dance music or exciting video clips SIEBEIN ACOUSTIC Page The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation SA WALL TYPE OPTION 3 (Minimum) January 14, 411y!arR� NOTICE Thlc needs m ­hedwed mr a pbk heeling In e�oraen� wim emennes set ronh In the City & Miami CWe. The appliwhle tlec1—n-maXing bWy will rewewtheinbrmation at the pubk hearing to rentlere renommendeaon., a fine[ deddon. PZ-21-10925 SA Wall 1 04/04 Type G4 STC 55-58 Description: 2 layers of 5/8" thick gypsum board on both sides of 25 gauge 24" on center 3-5/8" or greate studs with full depth glass fiber batts in the framing space. Anticipated Resulting Sound Description of Sound Level NC in Level in adjacent adjacent Room space Lightly amplified speech, people speaking across a table into a speakerphone or 30 75 louder, unamplified voices spoken during a heated discussion in a meeting. It would also occur with lightly amplified video clips played at moderate levels Amplified voices and amplified or natural acoustic music played at what many 85 people would consider moderate listening levels in a small to medium-sized 45 listening venue Loudly amplified music in a medium to larger size venue during weddings and 60 95-100 other events with lively dance music played in them. This level would be elevated >65 with bass if a "bass boost" were added to the sounds or subwoofers are included for boost playback of dance music or exciting video clips /23 With the walls listed above for the amplified sounds played in the Main Dining at the level mentioned will still likely be heard in the Private Dining Rooms spaces. If further reduction of sound levels heard in the Private Dining, or greater sound levels played in the Main Dining are desired upgrades can to the wall assemblies can be provided This would likely include multi- wythe composite wall assemblies consisting of masonry and metal framing, such as SA Wall type C8-GI. Sound isolation between and among critical spaces in a project that is adjacent to residential properties is a major concern. The control of ambient sound levels within these spaces follows as a close second concern. Walls and floor/ceiling assemblies should be selected so that intruding sounds from adjacent activities are heard at less than criteria levels. Wall and floor/ceiling assemblies discussed below should be integrated into the design of the project at a minimum between acoustically sensitive spaces. Detail sketches of recommended sound isolating assemblies are included in Appendix B of this report. Cut Sheets of recommended acoustical products are included in Appendix C of this report. Please note that all of the recommended sound isolating metal stud wall assemblies discussed in this report consist of 25 gauge metal studs spaced at 24" on center. Heavier gauge metal studs (22 to 16 gauge) spaced more closely together will result in the sound transmission loss properties of the assembly decreasing by approximately 3 to 7 or more STC points. If this is the case, upgrades to these assemblies will be required as specifically recommended for each space. Please notify us if you have specific stud spacing and metal gauge so we can adjust the recommended assemblies to meet the STC criteria. Please refer to Table 1 showing the recommended SA wall type for various STC ratings based on the stud gauge and spacing. Please note that STC ratings are only provided for the partitions that extend to the deck and are acoustically sealed as partitions that are not sealed to the deck will likely have significant reductions in the acoustical performance due to flanking sounds. SIEBEIN ACOUSTIC Page The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation January 14, Table 1. SA wall types for to meet various STC ratings based on Stud Gauge and Spacing. 411y!arR� NOTICE ThI, eobrnidal needs m ­hedwed mr a pbk heeling In — nd—wim en,enn. setrorlh In the City& Mw,i CWe. Theapplies de dels n-maXing bWy will rewewtheinbrmation at the pubk hearing t' n:ndere renommenaeaon nr a nnal d-Won. Stud Gauge and Spacing 04/04 STC Rating 25 Gauge 24" O.C. 20 Gauge 24" O.C. 25 Gauge 16" O.C. 20 Gaug 45 SA type G2 SA type G3 SA type G3 SA type G2-R SA type G2- 50 SA type G3 SA type G4 SA type G4 SA type G2-ISO SA type G2-R SA type G2-R 55 SA type G4 SA type G3-R SA type G2-ISO SA type G2-ISO SA type G2-ISO SA t e G2-ISO SA type G3-R SA type G3-R 60 SA type G3-ISO SA type G3-ISO SA type G3-ISO SA type G4-ISO SA type G4-R SA type G4-R PZ-21-10925 /23 4A Partition isolation mats should be used at both the top and bottoms of all recommended sound isolation wall assemblies. These products include Kinetics Noise Control's WallMat or Pliteq's GenieMat FIS. Please note: If bracing is required for the metal framing back to the concrete or CMU walls, for wall types such as C8-GI, C8-G2, C8-G3, sway braces such as Kinetics Noise Control's Unibrace or Model PSB, Pliteq's GenieClip Type LB or Mason Industries' Model DNSB or WIC may be used. These may require increased air spaces to be accommodated. Resilient Channels: Assemblies that contain resilient channels are based on Clark -Dietrich RC -Deluxe Resilient Channels. If other resilient channels are used the STC rating of the assembly may result in the sound transmission loss properties of the assembly decreasing by approximately 1 to 3 or more STC points. If resilient channels are used, it is recommended to not have any items secured to the resilient channel side of the wall, including but not limited to televisions, headboards, millwork, and other items that may allow for the resilient channels to be short-circuited by rigidly connecting the gypsum board to the metal framing. Please refer to Appendix A for Markup Drawings showing the recommended sound isolation assemblies at acoustically sensitive spaces in the project. DOORS Doors to the Private Dining, Main Seating, Offices and Entrances are recommended to be similar to SA type D2 doors. To help maintain the acoustical envelope of the Main Dining area, STC 50-55 rated door and frame assemblies can be used to maintain the transmission loss to the Back of House for sounds of amplified music up to approximately 75 dBA with a flat spectrum. If it is desired to have sound levels above this level and have the doors maintain the transmission loss of the walls, vestibules with acoustical doors and SA type D2 doors or with 2 sets of acoustical doors can be used. Doors are typically recommended to be within 5 STC points of the walls that they are in to maintain the STC rating of the walls. SA Type D2 - Gasketed doors. Use a heavy weight door (solid core wood or insulated hollow metal door) and install adjustable acoustical seals (preferred) or concealed neoprene seals (minimum) at the head and jambs and automatic door bottoms landing on a flat metal threshold. Grout frames or fill with 6 pcf density glass fiber or mineral wool. This will achieve an STC rating of approximately 30 to up to 35 (depending on the seals used) for an insulated hollow metal door or solid core wood door. SIEBEIN ACOUSTIC Page The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation January 14, Cut sheets of recommended products from Zero International, Inc., are included ldq including Zero Model 770 or 870 head and jamb gaskets, and Zero Model 367 automatic Speech and other sounds will still be plainly audible through gasketed doors, however at one-half to one-third as loud as would be heard through a standard door. SOUND LOCK VESTIBULES NOTICE This submidal neads b be scheduled for a pubk nearing Miamcc.ndance with timelines set forth in the City of Ccde. The applies de decision -making body nnll renew Ne inbnnadon al the pubdc hearing to render a n-commendadon., a final dec.iann. PZ-21-10925 04/04/23 Acoustical measurements were taken of amplified music playing in the restaurant area at high levels. Sounds were measured along the perimeter outside the glass doors and windows. The exterior doors are the weak points in the exterior window wall assembly. Consider enclosing a small area in the exterior courtyard and including another set of doors to form an exterior sound lock vestibule as shown in the Appendix A. WINDOWS There is a large area of existing window wall facing plan East. The design team expressed the desire to keep the existing windows as is. Option 1. A second set of windows may be installed inboard of the existing windows. These windows should have an STC rating of at least 35-40+ and a minimum 4" air space between the new pane and existing windows, if possible. To reduce condensation between the existing windows and new windows, the use of a purge port can be considered. Additionally, the use of a desiccant between the windows may be considered. This option would need to be considered carefully to address the condensation issue and coordinated between the engineering disciplines, Architect, Window Manufacturer or other design professionals. Option 2. Replacing the windows with acoustically rated windows with an STC of 45 or higher would be recommended if it could be considered. LOUVER OPENINGS There are currently louvers on the upper wall area by the exterior doors. These are weak points in the assembly that allow sound to pass through. If the louvers are still needed after the renovation, consider using acoustic louvers or acoustic louvers with a silencer to further reduce amplified music out the openings. COLUMNS It is recommended to provide 2 to 3 layers of gypsum board on metal framing with glass fiber insulation in the framing space around the columns with framing that is independent from the columns, constructed similar to SA type C8-G2 or C8-G3 walls with the column acting as the concrete wythe of the assembly. ELECTRIC ROOMS I BACK OF HOUSE SPACSE Provide SA wall type G2-IS0 (minimum), G3-IS0 or G2-GI (preferred) to meet STC 50 as a minimum to separate Electric Rooms without transformers from public spaces and residences. SIEBEIN ACOUSTIC The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation FLANKING TRANSMISSION AND SOUND LEAKS January 14, Details at junctures of floor and walls, walls and ceilings, etc., must be properly ex lowering sound insulation value of basic construction. Installation of mechanical and el in construction must not make openings that are sound leaks. 411y!arR� NOTICE Thic needs m ­hedwed mr a pbk heeling In e�oraen� wim emennes set ronh In the City & Miami CWe. The appliwde tlec1—n-maXing bWy will rewewiheinbrmation at the pubk hearing t, rentlere renommende .,., a fine[ deddon. PZ-21-10925 \` 04/04/23 It is essential to seal around the edges of the gypsum board at the wall\ceiling, wall\floor and wall\wall junction points as well as at any penetrations with acoustical sealant. Recessed lighting fixtures, air ducts, and diffusers, electrical outlets, loud -speakers, fire alarm devices, etc. will all penetrate sound isolation construction (ceiling and/or walls) at various places. It is essential to seal the periphery of these fixtures. Where these fixtures, etc. occur close to partitions, especially moveable partitions, special precautions will have to be taken because the ceiling is oftentimes a major element in the sound isolation system of the building. It is recommended to provide partitions between residential balconies, if present, to reduce flanking sounds from the curtainwall system, these partitions may be constructed of glazing if desired. Service Penetrations: Mechanical room walls or floor slabs, especially those common with an acoustically sensitive space, must be maintained airtight. All penetrations of the walls and floor by ducts, pipes and conduits should be sleeved with resilient packing and sealed air -tight with an elastic sealant. Grout all penetrating conduits, pipes or ducts less than 1" in diameter tightly in place for the full wall or slab thickness. For all penetrating ducts, conduits, pipes or ducts greater than 1" in diameter, install a sleeve with 1/2" to 5/8" clearance around the penetrating elements. Pack the annular space to within 1/4" to 1/2" of each end of the sleeve with glass fiber or foam polyethylene and seal on both sides with non -hardening acoustical sealant such as Tremco "Acoustical Sealant" or Johns-Mansville "Duxseal". GUIDE TO MARKED UP FLOOR PLAN FIGURES Markup floor plans are provided that show the various rooms in the building. Each colored line has 2-3 options contained in the recommendations. Options that result in higher acoustic privacy are marked as "Preferred" (P). Options that result in moderate acoustic privacy are marked as "Acceptable" (A). Options that result in the minimum acoustic performance are marked as "Minimum" (M). It is recommended that for each adjacency type, to select the "Preferred" assembly for that space. If value engineering efforts must be made later in the design, the spaces can then be analyzed from a prioritized standpoint, and consideration can be given to using the "Acceptable" assembly. If further reductions are needed, consider using the "minimum" assembly at places where noise bleed between spaces is more acceptable. There were be a noticeable difference between the "Preferred" and "Minimum" assemblies. SIEBEIN ACOUSTIC Page11 The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation January 14, SPECIFIC COMMENTS FOR SOUND ISOLATION ASSEMBL Table 3. Recommended Assemblies between vertically or horizontally adjacent spaces. 411y!arR� NOTICE Thlc needs m —hedwed mr a pbk heeling In e�oraen� wim emennes set ronh In the City & Miami CWe. The appliwde tlec1—n-maXing bWywil rewewtheinbrmation at the pubk hearing to rentlere rmendation or a fine[ deddon PZ-21-10925 04/04/23 Space Adjacent space Recommended sound isolating assembly Electrical Walls: If no transformers are present, provide SA type G2-ISO (minimum); SA type G3-ISO or G2-G2 (preferred) Restaurant/Back of House Spaces Floor/Ceiling: Provide SA type G3-ICC-Finish Ceiling (preferred); SA type G2-ICC-Finish Ceiling (acceptable); G2-KSCH/A8-Finish Ceiling (minimum) to create an element of the Box -in -Box Restaurant as discussed later. This ceiling should be added in the Restaurant and Back of House Spaces. It may also be used in the Foyer and Entry hallways on the floor below to separate amplified music played in those spaces. Floor: WDF to provide a sound isolating floor assembly Residences Walls. There are many existing concrete block walls along the perimeter of the space. Provide X-G1 (minimum), X-G2 (Acceptable) and X-G3 (Preferred) to reduce noise from the restaurant to the adjacent space. If there are no existing walls, provide SA type G4-ISO (minimum) to the adjacent spaces to provide isolation between the two sides of the framing, to create a Box -in -Box construction for the Restaurant. Upgrades to SA type C8-G1(acceptable) or C8-G2 (preferred) can help to further reduce sound transmission to adjacent spaces if amplified sounds will be played in the rooms. The concrete walls will provide more low frequency sound attenuation (which is very important for amplified music reduction) than the gypsum board walls. Any loudspeakers cannot be mounted in the wall or ceiling. They should be mounted on vibration isolation mounts. Back of House I Residences Walls: In many of these spaces, there is an existing cmu wall. Service Bar Provide SA wall type X-G3 (preferred); SA wall type X-G2 Outer perimeter of (minimum) to provide further sound reduction to any adjoining space spaces. Elevator Main Dining, PDR Walls: Around the elevator, there is an existing cmu wall. Provide #1, PDR WC1 SA wall type X-G3 (preferred); SA wall type X-G2 (minimum) to provide further sound reduction to any adjoining spaces. MGR Office Back of House Walls: Provide SA type G2 (minimum) for typical office privacy; SA type G3 for enhanced office privacy or G4 for confidential office privacy preferred PDR WC 1 Main Restaurant Walls: Provide SA type G2-ISO (minimum); SA type G3-ISO or G2-G1 preferred PDR 1 Walls: Provide SA type G4 (minimum) to reduce the sounds of flush valve toilets. If upgraded privacy is desired, consider providing SA type G3-ISO or G4-R (acceptable); G2-G2 or G4-ISO (preferred) Doors: Provide SA type D2 doors if privacy is desired PDR 1 Main Restaurant Walls: Provide SA type G4 (minimum) to reduce the sounds of PDR 2 amplified music. If upgraded privacy is desired, consider providing SA type G3-ISO or G4-R (acceptable); G2-G2 or G4-ISO (preferred) Doors: Provide SA type D2 doors if privacy is desired SIEBEIN ACOUSTIC Page12 The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolaticr January 14, 411y!arR� NOTICE T 1..Ornitlal neae, m te..�heawee mr. p�bk healing In —ream whn emenn—et ronh In the Cityfir Miami CWe. The appliwde at the decision- naXing bWy will rewewthe inbrmalion pubc hearingt. n,nd a renon,mena�aon fir. final eedaon. Space Adjacent space Recommended sound isolating assembly 04/0 PDR 2 WC PDR 2 Walls: Provide SA type G4 (minimum) to reduce th flush valve toilets. If upgraded privacy is desired, providing SA type G3-ISO or G4-R (acceptable); G2-G2 or G4-IS (preferred) Doors: Provide SA type D2 doors if privacy is desired Women's Room Men's Room Walls: Provide SA type G2-ISO (minimum); SA type G3-ISO or Bathroom Vestibule G2-G1 (preferred) Lobby Residential, etc Walls: Around the Lobby, there is an existing cmu wall. Provide SA wall type X-G3 (preferred); SA wall type X-G2 (acceptable) or SA wall type X-G1 (minimum) to provide further sound reduction to an adjoiningspaces. PZ-21-10925 4/23 4Z SIEBEIN ACOUSTIC Page13 The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation APPENDIX A Mark up Drawings SIEBEIN January 14, 411y!arR� NOTICE Thic needs m —hedwed mr a pbk heeling In e�oraen� wim emennes set ronh In the City & Miami CWe. The appliwhle tlec1—n-maXing bWy will rewewiheinbrmation at the pubk hearing to rentlere renommendeaon or a fine[ deddon. PZ-21-10925 \\ 04/04/23 A C O U S T I C Appendix A The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation SAW type G2- ISO (M) SA Wall type G2-G1 or (3}ISO (P) SA Wall type G2 (M) for typical office privacy SA Wall type G3 (A) for enhanced office privacy SA Wall type 34 (P) for confltl ential office privacy nnur SA Wall type G4 (M) SA Wall type G4-R or G3-ISO (A) SA Wall type G2-G2 or G4ISO (P) nn■■r SA Wall type G4-ISO (M) (X-G1 if existing emu) SA Wall Type C&G2 (A) (X-G2 If existing emu) SA Wall type C8-G3 (P) (X-G3 if existing emu) Interior windows on inside of existing windows with 4" airspace if possible Sound Isolation Ceiling in Restaurant and Back of House SA Floor/Ceiling type G2-KSCH/AB Finish Ceiling (M) SA Floor/Ceiling type G2-ICC Finish Ceiling (A) SA Floor/Ceiling type G3-ICC Finish Ceiling (p) Sound Isolation Floor SA Floor/Ceiling type WDF • Door Assembly SA type D2 Door PLEASE NOTE All 01 the recommended sound isolating metal stud wall assemblies discussed in this report consist of 25 gauge metal studs spaced at 24" on center Adjustment to wall types am required if heawar gauge studs or cbser stud spaces are used. Figure A-1. Floor Plan markup showing recommended sound isolation systems January 14, 2021 Provide sound isolation for all equipment located in the Back of House spaces as recommended by manufacturers. Isolate all piping and electrical conduits. NOTICE PZ-21-10925 04/04/23 er adding a Sound Lock Vestibule with a D2 door to isolate sounds when the exterior doors are opened as enter and exit. If louvers are still needed, consider acoustic louvers or acoustic louvers with a silencer to further isolate sounds from amplified music olavinq. Lock Vestibule with a D2 door to )n the exterior doors are opened as If louvers are still needed, consider acoustic louvers or acoustic louvers with a silencer to further isolate sounds from amplified music playing. SIEBEIN A C O U S T I C Appendix The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation APPENDIX B Concept Details SIEBEIN January 14, 411y!arR� NOTICE Thic needs m —hedwed mr a pbk heeling In e�oraen� wim emennes set ronh In the City & Miami CWe. The appliwhle tlec1—n-maXing bWy will rewewiheinbrmation at the pubk hearing to rentlere renommendeaon or a fine[ deddon. PZ-21-10925 \\ 04/04/23 A C O U S T I C Appendix B The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmeI —set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: C8-G3 N�04/04/23 /� DETAIL AT PLATE (HEAD SIMILAR) Nominal 8" thick concrete masonry unit Two coats of latex paint or block sealer 3 layers of 1/8" gypsum board 3 %2" glass fiber batt insulation 3 %" metal stud 1" airspace Rake mortarjoint and add acoustical sealant bead Runner set in partition isolation mat Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: C8-G204/04/23 /� STC 60+ DETAIL AT PLATE (HEAD SIMILAR) Nominal 8" thick concrete masonry unit Two coats of latex paint or block sealer 2 layers of %" gypsum board 3 %2" glass fiber batt insulation 3 %" metal stud 1" airspace Rake mortarjoint and add acoustical sealant bead Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: C8-G 104/04/23 -1-A. DETAIL AT PLATE (HEAD SIMILAR) Nominal 8" thick concrete masonry unit Two coats of latex paint or block sealer 1 layer of %" gypsum board 3 %2" glass fiber batt insulation 3 %" metal stud 1" airspace Runner set in partition isolation mat Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SA WALL: X-G3 DETAIL AT PLATE (HEAD SIMILAR) SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bnittaln d, b be achetluled for a public h—ing In—nd, wM1h hneI—setforth inthe City& Miami CWe. The appliwh, dsl—n-naXing bWy will renew the inbrna ,at the pubc hearing to rend,,e recenne,datie, nr z final decide,. PZ-21-10925 \\ 04/04/23 3 layers of 5/8" gypsum board 3 %2" glass fiber batt insulation 3 5/8" metal stud 1" airspace Existing wall assembly Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SA WALL: X-G2 DETAIL AT PLATE (HEAD SIMILAR) SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bnittaln d, b be achetluled for a public h—ing In—nd, wM1h hneI—setforth inthe City& Miami CWe. The appliwh, dsl—n-naXing bWy will renew the inbrna ,at the pubc hearing to rend,,e recenne,datie, nr z final decide,. PZ-21-10925 \\ 04/04/23 2 layers of 5/8" gypsum board 3 %2" glass fiber batt insulation 3 5/8" metal stud 1" airspace Existing wall assembly Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SA WALL: X-G 1 DETAIL AT PLATE (HEAD SIMILAR) SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bnitlaln d, b be achetluled for a public h—ing In—nd, wM1h hneI—setforth inthe City& Miami CWe. The appliwh, dsl—n-naXing bWy will renew the inbrna ,at the pubc hearing Ie rend,,e recenne,datie, nr z final decide,. PZ-21-10925 \\ 04/04/23 1 layer of 5/8" gypsum board 3 %2" glass fiber batt insulation 3 5/8" metal stud 1" airspace Existing wall assembly Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: G2-G2 Nbks /' 4/23 DETAIL AT PLATE (HEAD SIMILAR) 2 layers of 5/8" gypsum board, both sides 2 %2" glass fiber batt insulation 2 %2 " metal stud 1" airspace Runner set in partition isolation mat Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: G2_G 1 Nbks /' 4/23 DETAIL AT PLATE (HEAD SIMILAR) 1 layer of 5/8" gypsum board 2 layers of 5/8" gypsum board 3 %2" glass fiber batt insulation 3 5/8" metal stud 1" airspace Runner set in 2 beads of acoustical sealant Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmeI —set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: G4-ISO N�04/04/23 /� DETAIL AT PLATE (HEAD SIMILAR) 2 layers of 5/8" gypsum board, each side 3 %2" glass fiber batt insulation 3 5/8" metal stud Kinetics Noise Control, Inc. Isomax Clip (shown) or Pliteq Genie Clip. Space clips as designed by manufacturer to support gypsum board wall. Coordinate with clip manufacturer. Kinetics Noise Control, Inc. Isomax Clip (shown) or Pliteq Genie Clip. Space clips as designed by manufacturer to support gypsum board wall. Coordinate with clip manufacturer. Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmeI —set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: G4-R N�04/04/23 /� DETAIL AT PLATE (HEAD SIMILAR) 2 layers of 5/8" gypsum board, each side 3 %2" glass fiber batt insulation 3 5/8" metal stud Resilient channels Runner set in partition isolation mat Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: G4 Nb\ 04/04/23 DETAIL AT PLATE (HEAD SIMILAR) 2 layers of 5/8" gypsum board, each side 3 %2" glass fiber batt insulation 3 5/8" metal stud Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmeI —set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: G3-ISO N�04/04/23 /� DETAIL AT PLATE (HEAD SIMILAR) 1 layers of 5/8" gypsum board 3 %2" glass fiber batt insulation 2 layers of 5/8" gypsum board 3 5/8" metal stud Pliteq Genie Clip (shown) or Kinetics Noise Control, Inc. Isomax Clip. Space clips as designed by manufacturer to support gypsum board wall. Coordinate with clip manufacturer. Pliteq Genie Clip (shown) or Kinetics Noise Control, Inc., Isomax Clip. Space clips as designed by manufacturer to support gypsum board wall. Coordinate with clip manufacturer. Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. r PZ-21-10925 SA WALL: G2—ISO N�04/04/23 /� DETAIL AT PLATE (HEAD SIMILAR) 1 layers of 5/8" gypsum board, each side 3 %2" glass fiber batt insulation 3 5/8" metal stud Pliteq Genie Clip (shown) or Kinetics Noise Control, Inc. Isomax Clip. Space clips as designed by manufacturer to support gypsum board wall. Coordinate with clip manufacturer. Pliteq Genie Clip (shown) or Kinetics Noise Control, Inc., Isomax Clip. Space clips as designed by manufacturer to support gypsum board wall. Coordinate with clip manufacturer. Acoustical sealant at each edge of gypsum board %4" gap The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations a 4� O Q O Q 4 Q 4 C O 4 O Q Q 4 DO Q 4 44 SA CEILING TYPE G3-ICC-Finish Ceiling 411y!arR f NOTICE ThI, submittal, d, b be achetluled for a public hearing In accordance wM1h hmeI —set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewthe inbrmation at the pubc hearing to render e --dab., nr z final decide,. PZ-21-10925 \\ 04/04/23 Minimum %" gap between the underside of the slab and the ceiling hanger Kinetics Noise Control ICC ceiling isolation hanger a a 4 4 4 G//4 4 OQG 4 O4O v Q O Q O Channel clip y inetics Noise Control) 1 %2" x V' cold rolled channel in channel clip Metal framing as required This sound isolation ceiling detail is based on the use of Kinetics Noise Control Type ICC ceiling hangers. Kinetics Noise Control Type MUTA/Gotham or Mason Industries, Inc., Type W30N or 30NCC ceiling hangers may also be used with metal framing as required, provided the number of gypsum board layers and insulation type and thickness remain the same. Provide engineered shop drawings from the vibration isolation hanger manufacturer per the specifications. SIEBEIN ACOUSTIC 3 %2" glass fiber batt insulatoin (0.7 pcf density) 3 layers of 1/8" gypsum board, joints staggered minimum 12", top layer taped, bottom layer taped and finished Route all ducts below gypsum board sound isolation ceiling Finish ceiling as specified Recommended wall type The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SA CEILING TYPE G2-ICC-Finish Ceiling 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmeI —set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewthe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. PZ-21-10925 \\ 04/04/23 Minimum %" gap between the underside of the slab and the ceiling hanger Kinetics Noise Control ICC ceiling isolation hanger Q a a Q a Q ° a G //4 4 O QG <4O 4 O 4O v Q 4 4 Q �Q O anne clip y inetics Noise Control) 1 %2" x V' cold rolled channel in channel clip Metal framing as required This sound isolation ceiling detail is based on the use of Kinetics Noise Control Type ICC ceiling hangers. Kinetics Noise Control Type MUTA/Gotham or Mason Industries, Inc., Type W30N or 30NCC ceiling hangers may also be used with metal framing as required, provided the number of gypsum board layers and insulation type and thickness remain the same. Provide engineered shop drawings from the vibration isolation hanger manufacturer per the specifications. SIEBEIN ACOUSTIC 3 %2" glass fiber batt insulation (0.7 pcf density) 2 layers of 1/8" gypsum board, joints staggered minimum 12", top layer taped, bottom layer taped and finished Route all ducts below gypsum board sound isolation ceiling Finish ceiling as specified Recommended wall type The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmeI —set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewthe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. PZ-21-10925 SA CEILING TYPE 04/04/23 G2-KSCH-AS8-Finish Ceiling Acoustical underlayment if required Structural concrete slab slab Kinetics Noise Control KSCH compact ceiling hanger with APB bracket — — — a — — — — — — — a — — — — — — — a — — — — — — — — a — — — — — — — o a a O a 4 a Q a Q 4 Q 4 Qp O Q < 4 a O Q < Q O a a ._. Q O Q O 4 Q G a a a Q O Q a 4 m Q �a O QQ 8" Air Space 3 %2" glass fiber batt insulatoin (0.7 pcf density) Metal framing as required 2 layers of 1/8" gypsum board, joints staggered minimum 12", top layer taped, bottom layer taped and finished Route all ducts below gypsum board sound isolation ceiling Finish ceiling as specified This sound isolation ceiling detail is based on the use of Kinetics Noise Control Type KSCH ceiling hangers. Mason Industries, Inc., Type 30CSCH ceiling hangers may also be used with metal framing as required, provided the number of gypsum board layers and insulation type and thickness remain the same. Provide engineered shop drawings from the vibration isolation hanger manufacturer per the specifications. SIEBEIN ACOUSTIC The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations SA FLOOR: WDF SIEBEIN ACOUSTIC 411y!arR f NOTICE ThI, eu bmittaln d, b be achetluled for a public hearing In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwh, becl—n- naXing bWy will rewewihe inbrmation at the pubc hearing to render e nxe—datie, nr z final decide,. PZ-21-10925 \\ 04/04/23 =inish floor as required /2" plywood <inetics RIM system or Mason ndustries EAFM pads, 2" high with 1 /2" glass fiber insulation Existing concrete deck DE HE SI DE TF - `11Y,f1R f I The Mocca Group . w " The Delilah Restaurant Miami, Florida NOTICE Acoustical Design Recommendations ThI,eobmidal need¢ m —hedw�d mr a pbk heeling In accordance wM1h tlmellnee set forth in the City & Miami CWe. The appliwdl decision-rnaXing bWy will rewewihe inbrmadran at the pubdc hearing to render a reccmmendaticn nr a final decison. 925 SA DOOR TYPE D2 : GASKETED DOOR AND PO4/04 3 4/04/23 HEAD (JAMB SIMILAR) AND SILL • SIEBEIN ACOUSTIC Notes: 1. All components of acoustical gaskets should be installed per the manufacturer's written instructions. 2. All panic hardware, door closers, coordinators and other hardware should be coordinated so that the acoustical gaskets provide uninterrupted and continuous seals tot he face of the door per the manufacturer's written instructions. 3. Doors, frames and hardware can vary. Therefore, each door type should be detailed and coordinated by the Architect. Recommended partition type Fill frame with grout for CMU walls and fiberglass insulation for gypsum board stud wall constructions Continuous, rear adjustable head and jamb gasket, Zero International #770, mitered at the corners Solid core wood or insulated hollow metal door Surface mounted automatic door bottom, Zero International #367 Rabbeted saddle, Zero International #564 The Mocca Group The Delilah Restaurant Miami, Florida Acoustical Design Recommendations I Sound Isolation APPENDIX C January 14, Manufacturer's Cut Sheets of Recommended Products SIEBEIN 411y!arR� NOTICE Thic needs m —hedwed mr a pbk heeling In e�oraen� wim emennes set ronh In the City & Miami CWe. The appliwhle tlec1—n-maXing bWy will rewewiheinbrmation at the pubk hearing to rentlere renommendeaon or a fine[ deddon. PZ-21-10925 \\ 04/04/23 A C O U S T I C Appendix C 34.0' t CONDOMINIUM R�E�C� �� S�� R1-V E�Y FREEZERS AND STORAGE ui BOUNDARIES IA) :I�J C.E. n OFFICE AREA APPEARS GRAPHIC SCALE KITCHEN TO BE IN C.E. PARKING DECK AREA 7.3' -- -- - -- 0 1a zo as 2.0' 50.0' OPEN TERRACE APPEARS ( IN FEET ) in C.E. TO BE IN UNIT 4C-L41 1 INCH = 20 FT. KITCHEN � � Q W EL V TOR AREA DINING KITCHEN AREA OPEN 4' 16M—� AREA TERRACE o a� b KITCHEN AREA UNIT STEPS ° W 17 4C-L41 �o 28.8' 0 0 CONDOMI1NS. E N A� M CLOSET APPEARS BOUNDARY (R) Y ^ 21 8' TO BE IN C.E. ELEVATOR LOBBY APPEARS TO BE IN UNIT 4C-L41 LOBBY (cE.) CE. JI MEN'S RESTEOOM (C E.) r WOMEN'S A/C RESTROOM 5.0 ROOM (C. E.) i0 w ^ (C. E.) � o � U EVATOR ¢ WUNIT 4C—L41 °IRE w Ac PER AMENDMENT `r N F 70 THE DECLARATION Q Y OF CONDOMINIUM ±11,670 S.F. 21.9' (11,920 S.F. PE L _RAMP O.R B 29984, PG, 4838) T O ELEVATED DINING � Q AREA 19.2' 9 p 12.2' rn BAR AREA � Q STEP ¢ 8.0 STEP w Unnr N 4C—L41—A STEPII 01 PER AMENDMENT 70 THE DECLARATION OF CONDOMINIUM a PR F P FF t2,439 S.F. Q OPEN s (2,420 S.F. PER TERRACE O. R.B 29984, PG. 4838) m 38.3' STEP 19.5' OVERHANG � I I z � W 11.9'I o� o¢ o z SET DRILL HOLE om IN PAVERS (IN END) LANDSCAPED AREA 34.0' EDGE OF CONDOMINIUM DINING BOUNDARIES (R) AREA PO 04 ¢ OPEN TERRACE OPEN TERRACE APPEARS TO BE IN UNIT 4C-L41 STEPS POOL DECK (NOT ALL DECK IMPROVEMENTS SHOWN) 'CONDOMINIUM a BOUNDARIES (R) N PLANTER PORTIONS OF LANDSCAPED CONDOMINIUM BOUNDARIES (R) NOTE: THE FOLLOWING OFFICIAL RECORDS WERE REFERENCED: O OF OPEN TERRACE APPEARS BEE TO IN UNIT 4C-L41 TBE THE DECLARATION OF CONDOMINIUM of THE FOUR AMBASSADORS A CONDOMINIUM, AS RECORDED IN O.R.B, 11121 PG. 1802-1804 BLUE TAPE WAS SET ON THE GROUND AND THE AMENDMENT 7o SAID DECLARATION, ALONG LIMITS WHERE THERE ARE NO AS RECORDED IN O.R.B. 15352 PG, 363-365 REMAINING WALLS ENCLOSING OPEN TERRACE OF THE PUBLIC RECORDS OF MIAMI-DADS AREA (IN PREVIOUS 2019 BEC SURVEY) COUNTY, FLORIDA. E ITE RI .,',N OF1.Iq !, 0 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. SURVEYOR NOTES: THIS NOT A BOUNDARY SURVEYTHE - IS SIE ADDRESS IS 801 BA TELL BAY DRIVE,oA'oA'MIAMI, FLORID A, 33131. 4 4- SURVEY LIMITS AND FEATURES SHOWN HEREON WEREDETERMINED N,,,FIKIHE1 BY CLIENTS REPRESENTATIVE ANDSURVEYED CI BISCAYNE ENGINEERING.- THE SPECIFIC PURPOSE OF THIS RECORD SURVEY IS TO LOCATE AND IDENTIFY THE LIMITS AND AREAS OFUNITS 4C-L41 AND 4C-L41-A AS SHOWN HEREON, PER THE DIMENSIONS SHOWN IN THE AMENDMENT TO THE .M AMBASSADORS DE CLARAUON OF CONDOMINIUM, AS MEASUREMENTS OF UNIT LIMITS AND RECORDED IN O.R.B. 15352, AT PAGES 363-365, OF THE AREAS (PER THE DECLARATION OF PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA (SEE CONDOMINIUM) FOR SPECIFIC GRAPHIC REPRESENTATION OF UNIT LIMITS). RECORD AREAS ARE REFERENCED FROM THE CORRECTIVE AMENDMENT TO THE DECLARATION RECORDED IN IN ABBREVIATIONS: O.R.B. 29984, AT PAGE 4838. BEC = BISCAYNE ENGINEERING COMPANY - THE DIMENSIONS OF THE UNIT LIMITS WERE DEFINED C.E. = COMMON ELEMENT OF CONDOMINIUM PER THE REFERENCED AMENDMENT AND WERE LOCATED LB LICENSED BUSINESS AND CALCULATED BASED ON IHE EXISTING WALLS AND O.R.B. OFFICIAL RECORDS BOOK COLUMNS THAT WERE MEASURED AT THE SITE. SOME OF P.B. = PLAT BOOK THE REFERENCED DIMENSIONS WERE UNCLEAR DUE TO PG =PACE ILLEGIBILITY AND THIS UNCERTAINTY SHOULD BE (R) = REFERENCED PER OFFICIAL RECORDS CONSIDERED WHEN EVALUATING THE UNIT LIMITS. S.F. = SOUARE FEET - UNIT LIMITS SHOWN HEREON ARE FOR REFERENCE ± MORE OR LESS ONLY. SOME OF THE WALLS THAT DEFINED THE UNIT LIMITS WERE DEMOLISHED OR RECONFIGURED. SOME UNFINISHED SURFACES WERE INACCESSIBLE DUE TO SURVEYOR'S CERTIFICATION. DRYWALL, TILES, STUCCO, AND EQUIPMENT PREVENTING DIRECT MEASUREMENTS PORTIONS OF THE COVERED I HEREBY CERTIFY THAT THE ATTACHED TERRACE APPEAR TO HAVE BEEN ENCLOSED AND "RECORD SURVEY" WAS PREPARED UNDER MY PORTIONS OF THE PLANTER WALLS APPEAR TO HAVE RESPONSIBLE CHARGE AND COMPLIES WITH BEEN REMOVED (PARTICULARLY ALONG THE SOUTHERLY THE STANDARDS OF PRACTICE FOR SURVEYING LIMITS). NOT ALL INTERIOR WALLS, COLUMNS, OR AND MAPPING AS SET FORTH BY THE STATE FEATURES ARE SHOWN. OF FLORIDA BOARD OF PROFESSIONAL - BISCAYNE ENGINEERING CONFIRMED THE RECORD SURVEYORS AND MAPPERS IN CHAPTER 5J-1C DIMENSIONS WHERE POSSIBLE AND CALCULATED FLORIDA ADMINISTRATIVE CODE, PURSUANT TO DIMENSIONS BASED ON THE INTENDED LIMITS OF THE CHAPTER 472.027, FLORIDA STATUTES. UNITS, PARTICULARLY IN AREAS WHERE NO EVIDENCE OF NOT VALID WITHOUT THE ORIGINAL SIGNATURE THE ORIGINAL UNIT DEFINING WALLS WERE DIRECTLY AND SEAL OF A FLORIDA LICENSED SURVEYOR OBSERVED. SAID CALCULATIONS ARE BASED ON TIES TO AND MAPPER. REMAINING WALLS, COLUMNS, AND OVERLAYS OF THE SURVEY AS SHOWN IN THE REFERENCED RECORDED BISCAYNE ENGINEERING COMPANY, INC. CONDOMINIUM DOCUMENTS. 529 NEST FLAATER STREET, MIAMI, FL. 33130 - UNIT LIMIT DIMENSIONS INDICATED HEREON WERE (305)-324-7671 CALCULATED FROM FIELD MEASUREMENTS USING STATE OF FLORIDA DEPARTMENT OF MEASURING TAPES AND A LASER RANGEFINDER. AGRICULTURE - THE ACCURACY OF THE SURVEY MEASUREMENTS LB-0000129 SHOWN HEREON IS BASED ON THE TYPE OF SURVEY AND SURVEY DATE: 03-07-2022 EXPECTED USE OF THE SURVEY. REDUNDANT Digitally MEASUREMENTS AND COMPUTATION RECORDS signed g y g SUBSTANTIATE THE SURVEY MAP. THESE METHODS HAVE BEEN TESTED BY BISCAYNE ENGINEERING COMPANY ANDGbyAlberto­1 FOUND TO HAVE AN EXPECTED ACCURACY OF ± 0.1 Rabionet FEET HORIzoNTALLv. �¢ Date: 2022.03.07 THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE 1 3:42:1 7-05'00' DIGITALLY SIGNED AND SEALED UNDER RULE 51-17062,RAC ALBERTO J, RABIONET, PSM. FOR THE FIRM THIS ITEM HAS BEEN DIGITALLY SIGNED. PRINTED COPIES OF THIS PROFESSIONAL SURVEYOR AND MAPPER DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE NO, 7218 SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. STATE OF FLORIDA UU/M 23 co co U- a LLI Of � g 00 LU L Of E m W osRe7 15ot 1 2323—SS-25-1 ARRRENA ROx4 (C) D - arvFrA�ry AIED FROM EI:cO MEA55RCMCN,S D/CC (c) ­1 AND ¢R.elIl.lFI eoDK cPC avANI CAP P = ecrvccAur,c , rncun. ® eA�cn ea ® MnrvnDcc 0 �vnece Mcecre 6 � ry ocF xs Arvi Q coNcwrir unury Poi[ BOUNDARY SURVEY 801 BRICXELL BAY DRIVE, MIAMI, FL 33131 LYING IN SECTION 38, TOWNSHIP 54 SOUTH, RANGES 41 AND 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA 52 >iH sia EEi i SE eiN SiREEi � biry hftEEl SE ..N S.REE. SITE SE,D sE Ci sN srftEEr sE Cz/ft nftEE-r LOCATION MAP H SCALE: N.T.S. NOTICE \�PZ-21-10925� NIOW23 Dwvp 1D co e 111 ANccry o nc 11111111 re cA or 1111 or sA,o ­1 ore vE (III 111. 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" ITI W W N oD,uecerve,o a,cDSDewsnFonMc11 11 suuonc ARIRro rHrrv1 r 11I>,FACE w e 1n 1 PERiMcrERuwAuI DINF—aoun0 srounon l Nnvc o sln,E w Avo/are —I.)— rr,caan-1— x,+ uorvo V. N w� MaDF aro,uZ.- DP 11DIIII �u5511e5 HOP erzn uccs ,_ o_N_ smcus iAnus IF aues�s, rugs. 111 - was 11 rvoi A —N w 1 warza unc III AFFFICANF s rr sueMracro roll FEnsE All m s+own. - Z ExPEC,Eo AICuanCI oCCFpA or t o. , . AORaa,TAu,. Pans. ,Acsr Mr,NDOs uavc ecru irsiro e, src nno roun0 ,o O RMKMAP 11— 'Ifuouera 12-1S-ma, surnx m—Nw l I— on or MAM, mMuuwn ,vuasca ,zoasa RPn I, AIIFIE "Msra ,v 2— � - rvo A„FM17 w1 M,.oF e. ,uF 5ueu<�P ro DF,Fw„w5 MwSwa P�F1s Dwr,Fesr�E AIDroe e11..7s-Dr- H,e. ,wCue,FM,w, ,u5res,u D . Di ,rv5 I,. n 1111 CDDc D< DPD,rvAACcs Aw5 srvW,S v D1111�- es Q U a - sacrvs. oe OcuEioPMrns ersiwcnonS wnwn ,Nr SURUE, uuns. 15 �rv1 A,�av �I ANl ,rv�s was seDu�DED ro ,rvF "'AA Fa - (n nn0 we si„ir w no_n. ,P�s PPDPFP=a ro115 Dr .rvF n=, Dr M Ml. MA­DADr 111—. a O e si,Ryrvrw�s rm - o to Q xoTDIAIO wn IT mEwDai �urvscrvaiunE�rvO —F orDE.rva F1.11- uarvsrD PuavEPoe nrv0 a P11. TIE rlc,DwDeu w1 soMPFcreO ory - IlA�Ew'rv�'�DAND�P RiM n*Mor ACR�cuouRF e-000012e survur OA.F �D ,D sns QLL o _ 3 Digitally signed by _ fti Alberto) Rabionet - - - = i o �¢ — Date: 2023.02.27 _ m ORDER ry . 19:10:30 -05,00, c'ED.DD­ COPIES eC uEw"c5 Dry —DD 03-87519 �Nra{ rv3 sA.c or rcDaioA Da orvo um 1 ry Pepe - BOUNDARY SURVEY 801 BRICXELL BAY DRIVE, MIAMI, FL 33131 N LYING IN SECTION 38, TOWNSHIP 54 SOUTH, RANGES 41 AND 42 EAST, " CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA a ORAPE70 SCALE 4. -- 'I _" L Bt. ``\ N ZZZ BRICKE LL AVENU E —----—---—-—---—-—- �a31 1 S.E. BTH STREET �1� nsvvu. vnvcMCM LINE T eO l L-39.27'(C) corvc. socwssrc� eas a � 1 of �11, a esn ar-> > ewc e ` 5R00'(M,") 4- TDD'.-(C) sw 977'O1'14-E(C) B 290 c o \ p a of Lose °/cir r ® a —�soo as 9 LOT 8 FLOOD ZONE -AE' o ELEV. 11� awcrc vnvcre ov�uEw.. v a Kia LOT 9 x J u ROOD O C E N a �LIN o new I o a a BLOCS F G® s Boa s ADD o(P.B.. G.'PG. „B) �35 as —�s oo u LOT IO o & a MULTISTORY Wm BUILDING FLOOD ZONE 'AE' ELEV. 12 BD1 BRICKELL BAY DRIVE —J r— L_�' MULTISTORY BUILDING (TOWER) — — — — — — MATCH LINE "A" SEE PAGE 3 OF 3 I I r I L—J I MULTISTORY BUILDING (TOWER) FLOOD ZONE'VE' r —J ELEV. 15 I I I I I a 8� o NOTICE \�PZ-21-10925� NIOW23 lEA9E UNOT EREIGNT, ,T WE NOT SHOWND LPND s corvc. o BOUNDARY SURVEY 801 BRICXELL BAY DRIVE, MIAMI, FL 33131 N LYING IN SECTION 38, TOWNSHIP 54 SOUTH, RANGES 41 AND 42 EAST, " CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA a ORAPE70 SCALE 4. 11 IT; MATCH LINE "A" SEE PAGE 2 OF 3 ,AT 1G r — — — — - — — — — — — — — — — — — — — — — — � � � UII L•oo u,Qo MULTISTORY BUILDING n, o (TOWER) EE 19 O a a I - I a�H rc anima owvcwnv iu � ¢ Y MULTISTORY ® OO 8 BUILDING MULTISTORY - O llV• BUILDING T" (TOWER) u� O �O m ROOD. NOTICE \�PZ-21-10925 NIOW23 Q a _ D a � I �ZOOED LINE - - _ m 801 BRI oKELL BAV DRIVE c D w�FpGED LAND NOTE: MITSE6RE NOT SNA LEN SE L _ O _ LOT 12 - 104 S oa A L ---------------------- (I.E. B, Pc 13) u — MULTISTORY BUILDING (TOWER) MU BUILDING FLOOD ZONE "6E' FLOOD ZONE "VE- EUEV12 ELEV. IS ¢ LOT13 '" W - c `iF uNE o� I a - V• cwvcwar cicva*co vvwarvo oxn / o I oo'�3s omm[ C corvc wai r c�au O N]]'Ot'RI'YI(C e O mrvc wxi^xnv 16643(C) wuwnr BLc o oss 00'(C) o rMCE rP eX a ra i�si o c Lwc 01 EN �e e� BISCAYNE BAY L, sE , ACKNOWLEDGEMENT BY APPLICANT The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed In Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Acknowledgment by Applicant Updated 08.13.2020 Page 1 of 4 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. Applicant(s) Name Printed Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this f0SC„ 1, I , 20 � by QkAN:4 i_ l,A�'t„iVA (name of person acknowledging), who is personally known tome or who has produced t�' �� ` "���t as identification. AWWONY LOGOS IAi+ENNA Notary Public • Cattfomla [Notary Seal] Lcs AnIples county Commission # 2340665 *.y Gdmm, Dpins De< 11, 21124 STATE OF FLORIDA COUNTY OF MIAMI-DADE wa•r� Name typed, printed or stamped My Commission Expires: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this . 20 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a State of Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced [Notary Seal] Acknowledgment by Applicant Updated 08.13.2020 Page 2 of 4 as identification. Notary Public Name typed, printed or stamped My Commission Expires: Mari Cou-Martin Subject: FW: Legal Opinion: Attorney acting as Lobbyist Exception From: Mendez, Victoria [mailto:VMendez@miamigov.com] Sent: Wednesday, May 16, 2018 6:09 PM To: Louis J. Terminello Cc: Ketterer, Amber L.; Min, Barnaby; Alban, Xavier E.; Suarez -Rivas, Rafael Subject: Re: Legal Opinion: Attorney acting as Lobbyist Exception As long as pursuant to MDC code Section 2-11.1(s)(1)(b) you are retained or employed solely for the purpose of representing individuals, corporations or other entities during a publicly noticed quasi-judicial proceeding, and nothing else, you do not have to register for that limited, very limited purpose. Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-416-1801 victoriamendez@miamigov.com Assistant: Marta Gomez (305) 416-1844 On May 16, 2018, at 10:42 AM, Louis J. Terminello <Louis.Terminello@gmlaw.com> wrote: Madam City Attorney: As provided for in Sec. 2-656(a) of the City Code, I am requesting your advisory opinion on the following matter: May an attorney duly licensed to practice law in the State of Florida represent a client's interest at a quasi-judicial special exemption proceeding before the City's PZAB without being a registered lobbyist as an exception to the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance Sec. 2-11.1 ? Attached is our internal Firm memo on the issue; we believe you should advise in the affirmative. Also note the highlighted portion of the attached article authored by a deputy general counsel for the Miami -Dade Commission on Ethics and Public Trust, for your consideration. GreenspoonMarder LLP Louis J. Terminello, Esq., Partner Chair - Hospitality, Alcohol & Leisure Industry Group Member, Firm Management Committee Brickell World Plaza, 36th Floor 600 Brickell Avenue Miami, Florida 33131 Tel: (306) 789.2770 1 Fax: (305) 537.3947 Email: LJTA-cimlaw.com www.gmlaw.com The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, "written advice" as defined in Section 10.37 of Treasury Department Circular 230. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you. <legal opinion.doc> <PM A LAWYER NOT A LOBBYIST.pdf> AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, ❑ including or ❑ not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: Delilah Miami L.I,C, 801 Brickell Bay Drive, Miami, FL 33131 Further Affiant sayeth not. Applicants) Name Printed Applicant(s) Si nature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I day of 20 '� , by, who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is ❑ personally known to me or who has produced 0.t' 1.,, . - as identification and who ❑ did ❑ did not take an oath. (Stamp) -W ig ature DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) Anav Investments, LLC 6, Percentage of Ownership 00 Subject Property Address(es) 801 Brickell Bay Drive Miami, FL 33131 List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): See attached. Legal Description(s): See attached. SCV-N A711 C"Lz, Owner(s) or Attorney Name Owner(s),o Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this t day of TPGQ 20 '2 by A z, z A ,n o who is a(n i'ndividu /partner/agent/corporation of a(n) individuallpartnership/for ration. He/She is ❑ personally known to me or ❑ who has produced as identification and who ❑ did ❑ did not take an oath. Signature ANYHOW OUK LAPENNA Notary Public - Cailfomie I.rn Andes County 1 Commission Y 2340665 My Comm. Expires pec 21, 2024 ('tamp) Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Lou Terminello 600 Brickell Avenue 36th Floor Miami FL 33131 City of Miami FCO., FLU Property Search Notice 02/15/2023 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 02/15/2023. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-4207-001-5100 Property Address: 801 BRICKELL BAY DR#4CL41 Legal Description: THE FOUR AMBASSADORS CONDO UNIT 4C-L41 UNDIV 1.65752 INT IN COMMON ELEMENTS OFF REC 11121-1614 OR 18823-4975 0999 2 COC 25459-2874 03 2007 5 Amount Payable On: 02/14/2023 to 03/17/2023 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami 9 Lou Terminello 600 Brickell Avenue 36th Floor Miami FL 33131 02/15/2023 Folio Number: 01-4207-001-5100 Property Address: 801 BRICKELL BAY DR#4CL41 Legal Description: THE FOUR AMBASSADORS CONDO UNIT 4C-L41 UNDIV 1.65752 INT IN COMMON ELEMENTS OFF REC 11121-1614 OR 18823-4975 0999 2 COC 25459-2874 03 2007 5 Property Search Findings - Pending Liens Lien No. (Case Number) Description If you have any questions, please call (305) 416-1570. Please retain this page for your records. Address Page 3 of 5 City of Miami �,G1�Y of NCO.. F1�4 Lou Terminello 600 Brickell Avenue 36th Floor Miami FL 33131 02/15/2023 Folio Number: 01-4207-001-5100 Property Address: 801 BRICKELL BAY DR#4CL41 Legal Description: THE FOUR AMBASSADORS CONDO UNIT 4C-L41 UNDIV 1.65752 INT IN COMMON ELEMENTS OFF REC 11121-1614 OR 18823-4975 0999 2 COC 25459-2874 03 2007 5 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Sub -Total If you have any questions, please call (305) 416-1570. Please retain this page for your records. Amount Due 0.00 Page 4 of 5 Folio Number: Violations Detail Report 01-4207-001-5100 NO OPEN VIOLATIONS FOUND. Page 5 of 5 State of Florida Department of State I certify from the records of this office that DELILAH MIAMI, LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on March 12, 2021. The document number of this limited liability company is M21000002892. I further certify that said limited liability company has paid all fees due this office through December 31, 2023, that its most recent annual report was filed on January 20, 2023, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of February, 2023 Tracking Number: 2162214734CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 2023 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# M21000002892 Entity Name: DELILAH MIAMI, LLC Current Principal Place of Business: 9229 SUNSET BOULEVARD SUITE 900 WEST HOLLYWOOD, CA 90069 Current Mailing Address: 9229 SUNSET BOULEVARD SUITE 900 WEST HOLLYWOOD, CA 90069 US FEI Number: 86-2650866 Name and Address of Current Registered Agent: CT CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION. FL 33324 US FILED Jan 20, 2023 Secretary of State 5584535486CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MANAGER Name TOLL, BRIAN ANDREW Address 9229 SUNSET BOULEVARD SUITE 900 City -State -Zip: WEST HOLLYWOOD CA 90069 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: BRIAN TOLL CO -PRESIDENT 01/20/2023 Electronic Signature of Signing Authorized Person(s) Detail Date - rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1 305.498.1614 February 13, 2023 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Property owner information required for public hearing mail noticing (500' radius): 801 Brickell Bay Drive, Unit 4CL41, Miami, FL 33131 (Folio: 01-4207-001-5100) Total number of property owners, excluding individual condos, including associations: 16 1 certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Diana B. Rio RDR Miami I Rio Development Resources 305.498.1614 diana@rdrmiami.com IN' Op Iggp DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 901h day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): Delilah Miami LLC Address/ City / State / Zip: 801 Brickell Bay Drive, Miami, FL 33131 Phone No: (305) 789-2776 Email: mari.cou-martin@gmlaw.com �� , hereby certify that all the addresses listed on this application are (please check one of the following): [homestead properties. [ ] non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. Signature o the Property Owner ) State of Florida } County of Miami -Dade Date Sworn to and subscribed before me by means of physical presence OR online notarization this day of 20 *215 , b Personally known O or Produced Identification,` Type of Identification produced (SEAL) .,Q0,WY LOUIS LAPENNA ry Page 1 of 1 s NotaPublic - callfwnla g 3 Los Angeles County Commission p 2340665 NY Comm. Expires Dec 21, 2024 IC+ I1919f I1LT'J 1� 11 Department of Finance Online Payments Receipt Your Reference Number: 2023088001-6 03/29/2023 7:14:16 AM Web —user TRANSACTIONS If you have a Transaction ID, please click here 2023088001-6-1 $990.00 TRANSID: 964454 BUSINESS NAME: COM Lien Search FEE NAME: PLANNNG RE -REVIEW FEE TOTAL AMOUNT: $990.00 PAYMENT Visa Credit Sale $990.00 �'�"NAME: iiiiiiiii C�Vl OF ,n r L OaK1�9 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 898332 HWood Group / Deliliah Transaction Date: Aug 1 2022 2:14PM Permit Number: PZ211O925 (305)789-2766 FEE SUMMARY Fee Category Fee Code Fee Description Quantity Unit Type Amount ZONING MS-562 ZONING STAFF REVIEW 0.0000 N/A $295.00 PLANNING MS-326 WARRANT -APPLICATION FEE 0.0000 N/A $200.00 PLANNING MS-187 WARRANT - ENTITLEMENT FEE (SQ. FT.) 1.0000 SQ. FT. $475.00 Total: $970.00 Rev. Jul/02/2012 Generated on Aug/01/2022 2:14 PM C�Vl OF ,n r L OaK1�9 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 898326 HWood Group / Deliliah Transaction Date: Aug 1 2022 2:O3PM Permit Number: PZ211O925 (305)789-2706 FEE SUMMARY Fee Category Fee Fee Description Quantity Unit Type Amount Code PLANNING MS-414 EXCEPTION - REQUIRING ONLY 1.0000 UNITS $1,000.00 PZAB REVIW (EXCEPT CS AND T3) PER EACH REQUEST PER FOLIO PLANNING MS-337 PLANNNG STAFF REVIEW 0.0000 N/A $295.00 ZONING MS-562 ZONING STAFF REVIEW 0.0000 N/A $295.00 Total: $1, 590.00 Rev. Jul/02/2012 Generated on Aug/01/2022 2:02 PM C�Vl OF ,n r L OaK1�9 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 898328 HWood Group / Deliliah Transaction Date: Aug 1 2022 2:O7PM Permit Number: PZ211O925 (305)789-2766 FEE SUMMARY Fee Category Fee Fee Description Quantity Unit Type Amount Code PLANNING MS-187 WARRANT - ENTITLEMENT FEE 1.0000 SQ. FT. $475.00 (SQ. FT.) PLANNING MS-326 WARRANT -APPLICATION FEE 0.0000 N/A $200.00 ZONING MS-562 ZONING STAFF REVIEW 0.0000 N/A $295.00 REVIEW PW RP-032 PW DEVELOPMENT PLAN 0.0000 N/A $250.00 REVIEWS: BASE BUILDING LINE REVIEW AND MARKING - PZ APPLICATIONS Total: $1,220.00 Rev. Jul/02/2012 Generated on Aug/01/2022 2:07 PM C�Vl OF ,n r L OaK1�9 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 964454 Kimberly Rasnake-Bringuez Transaction Date: Mar 27 2023 5:28PM Permit Number: PZ2110925 (888)491-1120 FEE SUMMARY Fee Category Fee Code Fee Description Quantity Unit Type Amount PLANNING MS-338 PLANNNG RE -REVIEW FEE 2.0000 REVIEWS $990.00 Total: $990.00 Rev. Jul/02/2012 Generated on Mar/27/2023 5:28 PM Department of Finance Online Payments Receipt Your Reference Number: 2023087001-3 03/28/2023 7:21:40 AM Web —user TRANSACTIONS If you have a Transaction ID, please click here 2023087001-3-1 TRANSID: 963503 BUSINESS NAME: COM Lien Search FEE NAME: EXCEPTION - REQUIRING CITY COMMISSION Lien Search $2,500.00 $4,500.00 FEE NAME: PUBLIC HEARING - ADVERTISING Lien Search $13.50 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - APPLIC ANT/APPEALLANT Lien Search $715.50 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHB ORS Lien Search $600.00 FEE NAME: PUBLIC HEARING - ONE PROPERTY POSTING Lien Search $337.50 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - REGIST ERED HOAS AND PERSONS TOTAL AMOUNT: $8,666.50 PAYMENT Mastercard Credit Sale ���":�`E iiiiiiii'iuiiiuiiiuiiiiiiiiiiiiiuiiiiuiiuuuiii rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1 305.498.1614 500' RADIUS MAP (N.T.S.) 801 Brickell Bay Drive, Unit 4CL41, Miami, FL 33131 (Folio: 01-4207-001-5100)