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Home My WebLink AboutApplication & Supporting DocsHEARING BOARDS 444 SW 2nd Avenue, 7t" Floor • Miami, Florida 33130 Telephone 305-416-2030 Fax 305-416-2035 www.miamigov.com/hearing boards l;'It to 6C_00(40 Sc. OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY Welcome to Hearing Boards! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us at the number above, should you have any questions. The deadline to file the complete application with supporting documents is the first five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, at 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the application shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review before the deadline to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8 1/z x11") or other materials submitted during this process will be kept as part of the record. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 12-16-08 Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. 1. Applicant name(s): Larry D. Marbert on behalf of the University of Miami and 7t" Ave Market, LLC 2. Two (2) copies of the Tentative Plat: One (1) 24 x 36" and one (1) 8 Y/ x 11" prepared by a State of Florida registered land surveyor. 3. Two (2) original sketch of surveys: One (1) 24 x 36" and one (1) 8 1/z x 11 ", prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 4. Two (2) 11x17" original and one (1) 8 Y2 x 11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than three (3) months elapse before Zoning Board or City Commission approval. 6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 7. The subject property(ies) cannot have any open code enforcement/lien violations. 8. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 9. At least two photographs showing the entire property showing land and improvements. 10. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 11. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 12. Affidavit of Authority to Act and the Disclosure of Ownership of all owners and contract purchasers, if applicable, of the subject property (see pages 5 and 6). 13. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 14. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). 2 Rev. 12-16-08 15. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 16. What is the acreage of the project/property site? .09 acres/3,920 sq. ft. 17. What is the purpose of this application/nature of proposed use? Research/Development Building containing approximately 180,377 sq. ft. of office, laboratory and accessory retail uses. 18. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. NO 19. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. NO 20. Cost of processing according to Section 62-156 of the Miami City Code*: Vacation of public right-of-way: a. Original submittal: 1. Per square foot of right-of-way $ .90 2. Minimum $ 1,200.00 b. Re -submittals: 1. Per square foot of right-of-way $ .90 2. Minimum $ 1,200.00 3. Maximum $ 1,700.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000.00, shall be paid in the form Af a certified check, cashier's check, or money order. Signature Name 11111 TIJ!�'i:i Telephone 305-284-5660 Mailing Address 1535 Levante Avenue Coral Gables, FI 33146 E-mail ImarbertCa)-miami.edu STATE OF FLORIDA -- COUNTY OF MIAMI-DADEOq /�%�'� foregoing s no le d e e _J day of 20, by who is a(n) individu I/part er/agent/corporation of individual/partnership/co oration. He/She 'is e s o as identification and who did (did poqTft 4h o tla. NOTARY PUBLIC -STATE OF FLORIDA (Stamp) Melody M. Smith. Sign ure Commis Expirres: OCT. 110, 2010 BONDED THRU ATLANTIC BONDING CO., INC. 3 Rev. 12-16-08 AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Larry D. Marbert 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 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. Further Affiant sayeth not. Larry D. Marbert Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE T foregoinI g m this Q i v' 20 , by who is a(n) individua /par er/agent/corporation of a(n) individual/partnership/corporation. He/She is ersorn has produced as identification and di (di NOTARY PUBLIC -STATE OF FLORIDA •''""''•-., Melody M. Smith (Stamp) = °Commission #DD589811 Si na re '•,,,,,,,,•' Expires: OCT. 10, 2010 BONDED THRU ATLANTIC BONDING CO., INC. iIil � 1,l . - • / 4 Rev. 12-16-08 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. 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(es) University of Miami and 7th Ave Market, LLC Percentage of Ownership 100% Subject Property Address(es) NW 19th Terrace east of NW 7th Avenue 2. 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 Exhibit "B" Larry D. Marbert Owner(s) or Attorney Name Legal Description(s): STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Tforegoing c o I ec�'b� r tha �� -' .day of 20 , by A �%� who is a(n) indiv u /part er/agent/co poration of a(n) individual/partnershi /corporation. He/She is personally VAoV has produced as identification and rn7 NOTARY PUBLIC -STATE OF FLORIDA Melody M. Smith (Stamp) ;commission #DD589811 Signatu t Expires: OCT. 10, 2010 BONDED THRU ATLANPIC BONDING CO., INC. 5 Rev. 12-16-08 OPINION OF TITLE To: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI in accordance with Chapter 55 of the Miami Code and the street vacation of the property described in Exhibit "A" attached hereto (a/k/a "Northwest 19"' Terrace, Miami, Florida", and hereafter referred to as the "Property to be Vacated"), it is hereby certified that I have examined a Commitment for Title Insurance issued by First American Title Insurance Company covering the period from the Beginning to May 6, 2009 at 11:59 p.m. (the `Examination"), inclusive, for the property described as follows (the "Adjacent Real Property"): SEE EXHIBIT "B" ATTACHED HERETO Basing my opinion on said Examination, I am of the opinion that on the last mentioned date the fee simple title to the Adjacent Real Property was vested in: 1. The UNIVERSITY OF MIAMI, a Florida not-for-profit corporation as to Tracts A, B, C and the South One -Half of Tract E", and 2 7th Ave Market, LLC, a Florida limited liability company, as to Tract D and the North One - Half of Tract E. Subject to the following encumbrances, liens and other exceptions: 1. RECORDED MORTGAGES: None. RECORDED MECHANICS LIENS CONTRACT LIENS & JUDGMENTS: None. 3. GENERAL EXCEPTIONS: A. Matters which would be disclosed by an accurate survey of the Real Property. B. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid. C. Zoning and other restrictions imposed by governmental authority. D. Any unrecorded labor, mechanics' materialmen' or municipal liens. E. Rights of parties in possession under unrecorded leases. 4. SPECIAL EXCEPTIONS: A. Dedications of those portions of NW 18"' Street and NW 19t1i Terrace lying westerly of the 15 fool alley and the dedications of NW 20 Street and NW 17"' Street, all as set forth on Plat of ROBERTS AND GRENTNER ADDITION, recorded in Plat Book 10, at Page 56, Public Records of Miami -Dade County, Florida (the "Public Records"). (Vacation of NW 19"Terrace) B. Restrictions recorded in Official Records Book 13172, at Page 2029, Public Records (as to Parcel D only). C. The effect of the term, conditions and limitations, if any, of that Operating and Management Agreement dated May 11, 1988, referenced in Warranty Deed recorded in Official Records Book 13675, at Page 3540, and that Supplemental Deed recorded in Official Records Book 14491, at Page 326, Public Records (as to Tracts A, B and C only). D. Terms and conditions of that lease referenced in that Memorandum of Ground Lease record April 24, 2009, in Official Records Book 26841, at Page 986, Public Records. Other than the University of Miami and 7"' Ave. Market, LLC, no other entity or person has any reversionary rights in and to all or any portion of the Property to be Vacated, I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida, and am a member of the Florida Bar. Respectfully submitted, this 19"' day of Ma 2 0 . NORMAN 11. WEIL Fowler White Burnett P.A. Espirito Santo Plaza 1395 Brickell Avenue -14" Floor Miami, Florida 33131 Telephone: (305) 789-9200 Facsimile: (305) 789-9201 STATE OF FLORIDA ) :ss COUNTY OF MIAMI -DARE ) The foregoing instrument was acknowledged before me this/ -e day of May, 2009 by Norman I. Weil who is personally known to me. ;&2",' Notary Public, STA F FLORIDA Print Name: u��np r p AAGALI SOWERS My Commission Expi Notary Public • Stats of Ftodda Commission EX OM Commission aka Apr 3, 201 [bjc] W:\44202\OPITIT92.NIW{5/19/9-10:28} , ui`�ti`�`� OD 52113 Bonded By National Notary Assn. - 2 - (Vacation of NW 19" Tercace) NW 15TH TERRACE CITY OF MIAMI, FLORIDA LEGAL DESCRIPTION: ALL THAT LOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, BEING A PORTION OF THAT CERTAIN RIGHT OF WAY KNOWN AS "N.W. 19TH TERRACE," AS SHOWN ON THE PLAT OF "ROBERTS AND GRENTNER ADDITION," ACCORDING TO THE PLAT THEREOF, AS RECORDED JANUARY 10, 1925 IN PLAT BOOK 10 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, VIZ.: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 36; THENCE S00°59'38"E ALONG THE WEST LINE OF SAID SECTION 36 FOR 293.65 FEET; THENCE DEPARTING SAID WEST LINE OF SECTION 36, N89°00'22"E AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE FOR 37.50 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF FLORIDA STATE ROAD NUMBER 7 (U.S. HIGHWAY NUMBER 441/N.W. 7TH AVENUE), AS SHOWN ON THE RIGHT OF WAY MAP RECORDED AUGUST 18, 1999 IN ROAD PLAT BOOK 152 AT PAGE 9 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WITH SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; FROM SAID POINT OF BEGINNING, THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID N.W. 19TH TERRACE, THE SOUTHERLY LINE OF LOT 1 IN BLOCK 8 AND THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 67023'53" FOR 29.41 FEET TO THE POINT OF TANGENCY; THENCE N87047'07"E ALONG SAID NORTHERLY RIGHT OF WAY LINE OF N.W. 19TH TERRACE, THE SOUTHERLY LINE OF LOT 1 IN BLOCK 8 FOR 74.94 FEET TO THE SOUTHEAST CORER OF SAID LOT 1 IN BLOCK 8; THENCE S01°02'21"E ALONG THE WESTERLY LINE OF THE 15 -FOOT WIDE UNNAMED ALLEY AS SHOWN ON SAID PLAT OF "ROBERTS AND GRENTNER ADDITION," (WITH SAID ALLEY HAVING BEEN VACATED PURSUANT TO CITY OF MIAMI ORDINANCE NUMBER 692 AS ADOPTED DECEMBER 6, 1926, AND RECORDED APRIL 16, '2009 IN OFFICIAL RECORDS BOOK 26831 AT PAGE 2796 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA) FOR 40.01 FEET TO THE NORTHEAST CORNER OF LOT 12 IN BLOCK 7 OF SAID PLAT OF "ROBERTS AND GRENTNER ADDITION;" THENCE S87°47'07"W ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID N.W. 19TH TERRACE AND THE NORTHERLY LINE OF SAID LOT 12 IN BLOCK 7 FOR 75.92 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF N.W. 19TH TERRACE, THE NORTHERLY LINE OF LOT 12 IN BLOCK 7 AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 51°58'58" FOR 22.68 FEET TO A POINT OF NON -TANGENT INTERSECTION WITH SAID EASTERLY RIGHT OF WAY LINE OF FLORIDA STATE ROAD NUMBER 7 (U.S. HIGHWAY NUMBER 441/N.W. 7TH AVENUE), AS SHOWN ON THE RIGHT OF WAY MAP RECORDED AUGUST 18, 1999 IN ROAD PLAT BOOK 152 AT PAGE 9 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WITH SAID POINT OF NON -TANGENT INTERSECTION BEARING N54°11'51"W FROM THE CENTER OF SAID CURVE; THENCE NO 1004'03"W ALONG SAID EASTERLY RIGHT OF WAY LINE OF FLORIDA STATE ROAD NUMBER 7 (U.S. HIGHWAY NUMBER 441/N.W. 7TH AVENUE)FOR 29.61 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID N.W. 19TH TERRACE; THENCE S87°47'07"W ALONG SAID CENTERLINE OF N.W. 19TH TERRACE FOR 2.93 FEET TO A POINT OF INTERSECTION WITH SAID EASTERLY RIGHT OF WAY LINE OF FLORIDA STATE ROAD NUMBER 7 (U.S. HIGHWAY NUMBER 441/N.W. 7TH AVENUE); THENCE N00059'38"W ALONG SAID EASTERLY RIGHT OF WAY LINE OF FLORIDA STATE ROAD NUMBER 7 (U.S. HIGHWAY NUMBER 441/N.W. 7TH AVENUE)FOR 35.40 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4033 SQUARE FEET OR 0.09 ACRES, MORE OR LESS BY CALCULATION. NW 19 Terrace legal description Street Closing petition May 27, 2009 1f k J NW 20`h ST�� --- v K �r rr U� TA yr f r- APPROX. SCALE: 1" = 500' PROPERTY ADDRESS: LSP NW 19th TERR NW 17" ST LEGAL: ROBERTS & GRENTNER ADD PB 10-56 ALL BLKS 6 7 & S10FT OF LOT9 BLK 9 & LOTS 10 THRU 21 BLK 9 & N12FT OF LOT 22 BLK 9 & W10FT OF LOTS 22 THRU 24 BLK 9 &'PORT 36 53 41 ROBERTS & GRENTNER ADD PB 10-56 LOTS 12 THRU 19 & 15 FT ALLEY WILY & ADJ BLK 8 & LOTS 1 THRU 8 & PORTION OF LOT 9 BLK 9 DESC REG 135.01 FT & 35.01 FT S OF NW r Property Information Map - * " -- . Property Information Map E_ '"11 6 (b �,n - Page 1 of 1 My Home Miami -Dade County, Florida �j MIAMI DARE,,' Digital Orthophotography - 2007 0 —®® 110 ft This map was created on 6/3/2009 2:45:54 PM for reference purposes only. Web Site © 2002 Miami -Dade County. All rights reserved. a Summary Details: Folio No.: 01-3136-035-0300 Pro ert : 1701 NW 7 AVE Mailing 7TH AVE MARKET LLC Address: 0/0 Floors: 1395 BRICKELL AVE 14FL Living Units: MIAMI FL d' S Footage: 12,390 33131 - Property Information: Primas Zone: 7000 INDUSTRIAL CLUC: 0032 LIGHT Building Value: MANUFACTURING Beds/Baths: 0/0 Floors: 1 Living Units: 0 d' S Footage: 12,390 Lot Size: 18,260 SQ FT Year Built: 1972 ROBERTS & GRENTNER ADD PB 10 - Legal 56 LOTS 1 THRU 7 & Description: S21FT OF LOT 8 BLK 5 LOT SIZE 182.600 X 100 OR 18866-1196 1199 3 OR 26549-2475 0808 03 Sale Information: Sale O/R: 26549-2475 Sale Date: 8/2008 Sale Amount: $2,065,000 Assessment Information: Year: 2008 2007 Land Value: $273,900 $273,900 Building Value: $556,213 $529,396 Market Value: $830,113 $803,296 Assessed Value: $830,113 $803,296 Taxable Value Information: Year: 2008 2007 Taxing Authority: Applied Applied Exemption/ Exemption/ Taxable Taxable Value: Value: Regional: $0/$830,113 $0/$803,296 Count : 1$0/$830,113 $0/$803,296 Cit : $0/$830,113 $0/$803,296 School Board: $0/$830,113 $0/$803,296 http:%/gisims2.miamidade. gov/inyhome/Printmap. asp?mapurl=http://gisims2.miamidade. gov... 6/3/2009 EXHIBIT "A" LSP NW 19TH TERRACE LEGAL DESCRIPTION: .L THOSE LOTS, PIECES, PARCELS OR STRIPS OF LAND SITUATE, LYING (D BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF AMI, MIAMI-DADE COUNTY, FLORIDA, BEING PORTIONS OF LOT 1 IN BLOCK 8, LOT 12 IN BLOCK 7 AND N.W, 19TH TERRACE, ALL AS SHOWN ON THE PLAT OF "ROBERTS AND GRENTNER ADDITION," ACCORDING TO THE PLAT THEREOF, AS RECORDED JANUARY 10, 1925 IN PLAT BOOK 10 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOW, VIZ:: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 36; THENCE S00059'38"E ALONG THE WEST LINE OF SAID SECTION 36 FOR 284.06 FEET; THENCE DEPARTING SAID WEST LINE OF SECTION 36, N89000'22"E AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE FOR 37.50 FEET TO A POINT OF INTERSECTION WITH A LINE LYING 37.50 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH SAID WEST LINE OF SECTION 36, WITH SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; FROM SAID POINT OF BEGINNING, THENCE N87°46'57"E ALONG THE NORTHERLY LINE OF SAID LOT 1 IN BLOCK 8 FOR 98.33 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SO 1'02'21"E ALONG THE WESTERLY LINE OF THE 15 -FOOT WIDE UNNAMED ALLEY AS SHOWN ON SAID PLAT OF "ROBERTS AND GRENTNER ADDITION," (THE SAME VACATED PURSUANT TO CITY OF MIAMI ORDINANCE NUMBER 692 AS ADOPTED DECEMBER 6, 1.926) FOR 90.06 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12 IN BLOCK 7; THENCE S87048'35"W ALONG THE SOUTHERLY LINE OF SAID LOT 12 IN BLOCK 7 FOR 95.41 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF FLORIDA STATE ROAD NUMBER 7 (U.S, HIGHWAY NUMBER 441/N.W. 7TH AVENUE), AS SHOWN ON THE RIGHT OF WAY MAP RECORDED AUGUST 18, 1999 IN ROAD PLAT BOOK 152 AT PAGE 9 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THENCE N01004'03"W ALONG SAID EASTERLY RIGHT OF FLORIDA STATE ROAD NUMBER 7 (U.S. HIGHWAY NUMBER 441 JN,W. 7TH AVENUE)FOR 45,02 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID N,W, 19TH TERRACE; THENCE S87°47'07"W ALONG SAID CENTERLINE OF N.W. 19TH TERRACE FOR 2.93 FEET TO A POINT OF INTERSECTION WITH ,SAID LINE LYING 37.50 FEET EAS'T'ERLY OF, AS MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE WEST LINE OF SECTION 36; THENCE N00°59'38"W ALONG SAID PARALLEL LINE FOR 44.99 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 8721 SQUARE FEET OR 0.20 ACRES, MORE OR LESS, BY CALCULATION. Exhibit & TRACT "A" Lots 12 through 19, Block 8, and the 15 foot wide alley lying easterly of and contiguous with Lots 1 through 11 of said Block 8; Lots 1 through 8 and a portion of Lot 9, Block 9, together with portions of NW 19th Terrace and NW 6th Place, all according to the plat of ROBERTS AND GRENTNER ADDITION as recorded in Plat Book 10, Page 56 of the Public Records of Miami - Dade County, Florida and being more particularly described as follows: Commence at the Northwest Corner of Section 36, Township 53 South, Range 41 East; thence North 87°45'00" East along the North Line of the Northwest One -Quarter (NW 1/4) of said Section 36 a distance of 135.01 feet; thence South 01°03'55" East a distance of 35.01 feet to Northeast Corner of Lot 11, of said Block 8 and the Point of Beginning of the parcel of land hereinafter described; thence North 87°45'00" East across said 15 foot wide alley, NW 6th Place, and along the Northerly Lines of Lots 12 through 15, Block 8, and Lots 1 through 4, Block 9, a distance of 254.36 feet to the Northeast Corner of Lot 4, Block 9; thence South 01°15'53" East along the Easterly Line of Lots 4 through 9, Block 9, a distance of 294.99 feet; thence South 87°45'00" West along the Center Line of NW 19th Terrace and the easterly prolongation thereof, a distance of 255.39 feet; thence North 01°03'55" West along the Westerly Line of said 15 foot alley a distance of 295.00 feet to the Point of Beginning, Said lands being in the City of Miami, Miami -Dade County, Florida. TRACT "B" Lots 12 through 18, Block 5, and the 15 foot wide alley lying Easterly of and contiguous with Lots 1 through 11, Block 5, together with portions of NW 17th Street, NW 18th Street and NW 6th Place, all according to the plat of ROBERTS AND GRENTNER ADDITION recorded in Plat Book 10, Page 56 of the Public Records of Miami -Dade County, Florida and being more particularly described as follows: Commence at the Northwest Corner of Section 36, Township 53 South, Range 41 East; thence North 87°45'00" East along the North Line of the Northwest One -Quarter (NW 1/4) of said Section 36, a distance of 35.01 feet; thence South 01'03'55" East along the Westerly Lines of Blocks 6, 7, and 8 of said plat and the northerly and southerly prolongations thereof, a distance of 1,010.03 feet to the Center Line of said NW 18th Street; thence North 87°45'00" East along said Center Line a distance of 100.00 feet to the Point of Beginning of the parcel of land hereinafter described; thence continue North 87045'00" East along said Center Line and the easterly prolongation thereof a distance of 160.00 feet to a point on the West Line of Block 9 of said plat; thence South 01°03'55" East along said West Line and the southerly prolongation thereof, a distance of 317.23 feet to the point of intersection with the westerly prolongation of the Southerly Line of said Block 9; thence North 78028'32" West a distance 46.11 feet to the point of intersection of the southerly prolongation of the Easterly Line of said Lot 18, Block 5, with the Easterly prolongation of the Southerly Line of said Lot 18; thence South 87°38'46" West along the South Line of said Lots 17 and 18, Block 5, and the easterly and the westerly prolongations thereof, a distance of 115.00 feet to a point on the Westerly Line of said alley, being coincident with the Southeast Corner of Lot 1 of said Block 5; thence North 01°03'55" Exhibit,6 - Page 1 of 3 Pages West along the Westerly Line of said alley and the northerly prolongation thereof a distance of 306.46 feet to the Point of Beginning, Said land being in the City of Miami, Miami -Dade County, Florida. TRACT "C" All of Blocks 6 and 7, the South 10 feet of Lot 9, Block 9 and Lots 10 through 21, Block 9, the North 12 Feet of Lot 22, Block 9 and the West 10 feet of Lots 22 through 24, Block 9 and portions of adjacent Right of Ways, being a portion of "ROBERTS AND GRENTNER ADDITION", according to the Plat thereof as recorded in the Plat Book 10, Page 56 of the Public Records of Miami -Dade County, Florida being more particularly described as follows: Commence at the Northwest Corner of Section 36, Township 53 South, Range 41 East; thence run South 01°03'37" East along the West Line of said Section 36 for a distance of 330.08 feet; thence North 87°40'53" East for a distance of 135.01 feet to the Point of Beginning of the herein described Parcel; thence continue North 87°40'53" East for a distance of 255.27 feet to the Westerly Right of Way Line of Interstate Highway Number 95; .thence South 01°16'04" East along said Westerly Right of Way Line a distance of 502.09 feet; thence South 87040'53" West for a distance of 87.09 feet; thence South 01'03'37" East for a distance of 108.03 feet; thence South 87°40'53" West for a distance of 10.00 feet; thence South 01°03'37" East for a distance of 70,02 feet; thence South 87°40'53" West for a distance of 160.00 feet; thence North 01°03'37" West for a distance of 20.00 feet; thence South 87°40'53" West for a distance of 74.44 feet to a point of curvature on a curve to the right, having a radius of 25.00 feet and a central angle of 91°15'30"; thence along the are of said curve for a distance of 39.82 feet to a point of tangency Right of Way Line for a distance of 590.16 feet to a point of curvature of a curve to the right having a radius of 25.00 feet and a central angle of 88°44'30"; thence along the arc of said curve for an are distance of 38.72 feet to a point of tangency; thence North 87°40'53" East for a distance of 75.54 feet; thence North 01'03'37" West for a distance of 20.00 feet to the Point of Beginning, LESS AND EXCEPT the West 5.0 feet thereof for right-of-way purposes. Bearings shown hereon are based on an assumed bearing of North 87°45'00" East along the Center Line of NW 20th Street as shown on said plat. TRACT "D" Lots 1, 2, 3, 4, 5, and the South 5 feet of Lot 6, in Block 8, of ROBERTS AND GRENTNER ADDITION, according to the Plat thereof, as recorded in Plat Book 10, at Page 56, of the Public Records of Miami -Dade County, Florida; LESS AND EXCEPT Begin at the Northwesterly Corner of the South five (5) feet of Lot 6, Block 8, of ROBERT'S and GRENTNER ADDITION according to the plat thereof, as recorded in Plat Book 10 at Page 56 of the Public Records of Miami -Dade County, Florida; thence run East along the Northerly property line of the South 5 feet of said Lot 6 for a distance of 2.27 feet to the Base Building Line of N.W. 7th Avenue, said line being 37.5 feet East of and parallel with the West line of Section 36, Township 53 South, Range 41 East; thence run Southerly along said Base Building Line of N.W. 7th Ave. a distance of 99.43 feet to a point of curvature of a Exhibit, - Page 2 of 3 Pages circular curve having a radius of 25 feet a central angle of 91°17'45" and a tangent of 25.57 feet; thence Southerly, Southeasterly and Easterly along the are of said curve a distance of 39.84 feet to a point of tangency with the Base Building Line of N.W. 19th Terrace; said line being 25 feet Northerly of and parallel with the centerline of said N.W. 19th Terrace; thence run Easterly along said Base Building Line a distance of 72.18 feet to the Easterly property line of Lot 1, Block 8, of said ROBERT'S and GRENTNER ADDITION; thence South 5 feet to the Southeast Corner of said Lot 1; thence West along the Southerly property line of said Lot 1 a distance of 74.36 feet to a Point of Curvature of a curve having a radius of 25 feet; thence Northwesterly and Northerly along the are of said curve to a point of tangency with the existing property line of said Lot 1; said line also being the existing Easterly Right of Way line of N.W. 7th Ave.; thence Northerly along said line a distance of 104.5 feet, more or less to the Point of Beginning. PLUS A portion of Lots 1 and 2 in Block 8 of ROBERTS AND GRENTNER ADDITION, according to the plat thereof, as recorded in Plat Book 10, Page 56 of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begituling at the Southeast corner of said Lot 1; Thence South 87°45'00" West, 74.38 feet along the South line of said Lot 1 to a Point of Curvature; Thence Northwesterly 29.43 feet along the Southwesterly line of said Lot 1, also being the Arc of a Curve concave to the Northeast, having a Radius of 25.00 feet and a Central Delta Angle of 67°26'32", to the East zoned Right -of -Way line of N.W. 7th Avenue lying 35.00 feet East of and parallel with the zoned Centerline of said N.W. 7th Avenue; Thence North 00'59'36" West, 15.14 feet along said East Zoned Right -of -Way line to a Point of Cusp with a Curve concave to the Northeast, having a Radius of 25.00 feet and to which Point a Radial line bears South 89°00'24" West; Thence Southeasterly 39.82 feet along the arc of said curve through a Central Delta Angle of 91°15'24" to the North line of the South 5.00 feet of said Lot 1; Thence North 87°45'00" East, 72.24 feet along said North line to the East line of said Lot 1; Thence South 01°04'11" East, 5.00 feet along said East line to the Point of Beginning. TRACT "E" That portion of NW 19th Terrace as shown on the plat of ROBERTS AND GRENTNER ADDITION recorded in Plat Book 10, Page 56 of the Public Records of Miami -Dade County, Florida, as said right-of-way was modified by deeds recorded in Official Records Book 13403, page 979 and in Official Records Book 26839, page 2735, both of of the Public Records of Miami -Dade County, Florida, which lies westerly of the East Line of Block 8 of said plat and the southerly prolongation thereof, and lying easterly of a line which lies 5.0 feet east of, as measured at right angles, and parallel with the West Line of Block 8 of said plat, and the southerly prolongation thereof Exhibit, - Page 3 of 3 Pages Bevartment of O§tate certify from the records of this office that UNIVERSITY OF MIAMI is a corporation organized under the laws of the State of Florida, filed on April 7, 1961. The document number of this corporation is 702242. I further certify that said 'corporation has paid all fees due this office through December 31, 2009, that its most recent annual report/uniform business report was filed on February 27, 2009, and its status is active. further certify that said corporation has not filed Articles of Dissolution. CR2EO22 (01-07) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Fifteenth day of April, 2009 Jr t r®wu' becretarp of state f ,) Bepartment of ttatp certify from the records of this office that 7TH AVE MARKET, LLC, is a limited liability company organized under the laws of the State of Florida, filed on January 10, 2006. The document number of this company is L06000003184. I further certify that said' company has paid all fees due this office through December 31, 2008, that its most recent annual report was filed on April 28, 2008, and its status is active. CR2EO22 (01-07) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Fifteenth day of April, 2009 I Curt �3robn' *ecretarp of atate WRITTEN CONSENT OF THE SOLE MEMBER OF BISCAYNE VIEW PROPERTIES, LLC, IN LIEU OF A SPECIAL MEETING The undersigned, University of Miami, a Florida not-for-profit corporation (the "University"), constituting the sole Member of Biscayne View Properties, LLC, a Florida limited liability company ('Biscayne"), the sole member of 7th Ave Market, LLC, a Florida limited liability company ("Market") hereby consents to the actions specified below and adopts, approves and ratifies the following resolutions in lieu of a special meeting: RESOLVED, that Biscayne transfer and assign all of its right, title and interest in and to 100% of the issued and outstanding membership interests in Market to the University; and FURTHER RESOLVED, that Norman I. Weil, solely in his capacity as Manager of Biscayne, is hereby authorized to execute the Assignment of Membership Interests in the form attached hereto as Exhibit "A", and deliver same to the University; FURTHER RESOLVED, that these resolutions shall continue in frill force and effect and may be relied upon by until receipt of written notice of any change therein. IN WITNESS WHEREOF, the Univepity, constituting the sole Member of Biscayne, has executed this Written Consent this (,,T- day of . , 2009. 0VERSITY OF MIAMI, a Florida not-for-profit rporation �ty M��, 1: int Name: L iy . Mar ert tle: Vice President of Real Estate undersigned, being the secretary of ERSITY OF MIAMI, a Florida not-for-pri -ation, hereby certifies t D. Marbert, is Vice President of Real Estate of rsity of Miami and, in such capacity, has -ity to execute and deliver this Written Consent 'of the Universitv,of Miami. , ATTEST: Aileen M. Ugal e Vice President° 'C ^ieral.,'Counsel and Secretgry' �-,, - (SEAL"; , �. WRITTEN CONSENT OF THE SOLE MEMBER OF BISCAYNE VIEW PROPERTIES, LLC, THE SOLE MEMBER OF 7TH AVE MARKET, LLC, IN LIEU OF A SPECIAL MEETING The undersigned University of Miami, a Florida not-for-profit corporation (the "University"), constituting the sole Member of Biscayne View Properties, LLC, a Florida limited liability company ('Biscayne"), the sole Member of 7th Ave Market, LLC, a Florida limited liability company ("Market"), hereby consents to the actions specified below and adopts, approves and ratifies the following resolutions in lieu of a special meeting: On April 6, 2009, the following resolutions were unanimously adopted by the University of Miami and the same have not been revoked, canceled, annulled or amended in any manner and are in full force and effect on the date hereof - RE' SOLVED, ereof: RESOLVED, that Market accept the resignation of Norman I. Weil as Manager and Registered Agent for service of process of Market, FURTHER RESOLVED, that Larry D. Marbert is hereby appointed as Manager of Market, FURTHER RESOLVED, that Andrea E. Orange, is hereby appointed as Registered Agent of Market, FURTHER RESOLVED, that Market file all requisite documentation with the Florida Secretary of State consistent with the terms and conditions of this Written Consent, FURTHER RESOLVED, that Larry D. Marbert, solely in his capacity as Manager of Market, appoint Joesph T. Natoli as an Authorized Agent of Market, FURTHER RESOLVED, that Joseph T. Natoli, solely in his capacity as Authorized Agent of Market, is hereby authorized to execute and deliver on behalf of Market, as ground lessor, the Amended and Restated Development Agreement and Ground Lease with Wexford Miami, LLC, as the developer and ground lessee, and all other documents and instruments pertaining to the development and operation of the project known as the "University of Miami Life Science Park" being owned by Market on property situated between Northwest 17th Street and Northwest 20th Street and between Northwest 7th Avenue and Interstate Highway I-95, and FURTHER RESOLVED, that Market hereby ratifies and confirms the acts of Joseph T. Natioli in his capacity as Authorized Agent whether such acts were performed before or subsequent to the date of the adoption hereof. IN WITNESS WHEREOF, the undersigned, constituting the sole Member of Biscayne and Biscayne constituting the sole Member of Market, has executed this Written Consent as of this 6th day of April, 2009. [slw] W:\TNWGP\9-339.NIW{4/15/09-7:36} 2 and Secretary-' m (SEAL) _.. NIVERSITY OF MIAMI, a Florida not-for- profit corpor tion By:. Print Name: L rry D. M bert Title: Vice President for Real Estate The undersigned, being the secretary of the IVERSITY OF MIAMI, a Florida not -for -profs corporation, hereby certifies tha Larry D. Marbert; is Vice President of Real Estat of the University of Miami and, in such capacity, as the authority to execute and deliver this Written Consent on behalf of tp University of Miami. ATTEST: � Ai een M. Ug_ 4t,;1 ,n�44i Vice Presid' k`1Z",.Gan:P; `a1 Counsel [slw] W:\TNWGP\9-339.NIW{4/15/09-7:36} 2 and Secretary-' m (SEAL) _.. WRITTEN CONSENT OF THE SOLE MEMBER OF 7TH AVE MARKET, LLC Pursuant to Section 608.4231($) of the Limited: Liability Company Act of the State of Florida, the undersigned, constituting the sole member of 7th AVE MARKET, LLC, a Florida limited liability company (the "Company"), hereby consents to the following actions taken as constituting the Minutes of a Special Meeting of the sole Member, with the same force and effect as though such actions had been taken at a duly called and competently convened meeting; and with the understanding that this Consent will constitute evidence of the written consent by the sole Member, and that the actions so consented to will be deemed effective when this Written Consent shall have been signed and filed in the Minute Book of the Company. The following resolutions are hereby adopted by the sole Member, to wit: RESOLVED, that Larry T. Marbert, in his capacity as Manager of the Company is hereby authorized to execute the City of Miami Hearing Boards Application for Official Vacation and Closure of a Public Right -of - Way known as N.W. 19th Terrace. The foregoing is hereby consented to and approved by the sole Member, as evidenced by the execution of this Written Consent: Dated as of the 2-1 day of & 2009. MEMBER: UNIVERSITY OF MIAMI, a Florida not-for- profit corporation By Pri Tit University of Miami Board of Trustees 2009 Phillip T. George Chair Leonard Abess Wayne E. Chaplin William L. Morrison Vice Chair Vice Chair Vice Chair Elected Members Leonard Abess Michael Fernandez Alumni Association Michael I. Abrams T. Mechelle Francis2 Aaron S. Podhurst Betty G. Amos David I. Fuente Lois Pope Jose R. Arriola Phillip T. George Alex E. Rodriguez Adrienne Arsht Thelma V. A. Gibson Matthew E. Rubel' Hilarie Bass Steven J. Green Steven J. Saiontz Jon Batchelor Rose Ellen Greene Carlos A. Saladrigas Joaquin F. Blaya Barbara Hecht Havenick Eduardo M. Sardina Norman Braman Marilyn J. Holifield Frank Scruggs Nicholas A. Buoniconti Manuel Kadre Maria Lamas Shojaeel Alfred R. Camner Bernard J. Kosar Laurie Silvers Paul L. Cejas Jayne Sylvester Malfitano H. T. Smith Wayne E. Chaplin Robert A. Mann Steven Sonberg Laura G. Coulter -Jones Arva Parks McCabe E. Roe Stamps, IV Edward A. Dauer Roger J. Medel Ronald G. Stone Paul J. DiMare Stuart A. Miller Robert C. Strauss David L. Epstein William L. Morrison Bruce E. Toll' Richard D. Fain Judi Prokop Newman Patricia W. Toppel Enrique C. Falla M. Lee Pearce Barbara A. Weintraub George Feldenkreis Jorge M. Perez Life Members Stanley H. Arkin Alfonso Fanjul Jose P. Bared Phillip Frost David R. Weaver Fred Berens Florence Hecht Marta S. Weeks M. Anthony Burns Arthur H. Hertz Sherwood M. Weiser Charles E. Cobb David Kraslow G. Ed Williamson II Nicholas A. Crane Archie L. Monroe Thomas D. Wood Carlos M. de la Cruz, Sr. Ex Officio Members Patrick K. Barron Donna E. Shalala Sherwood M. Weiser Alumni Association President of the University Jacqueline Nespral David R. Weaver G. Ed Williamson II Alumni Association Robert D. Rubin Marta S. Weeks Thomas D. Wood Citizens Board Secretary of the University of Miami Aileen M. Ugalde Gonzalo Valdes-Fauli3 Frances L. Wolfson3 Charles J. Zwick Emeriti Members Bernyce Adler3 Richard W. McEwen3 Victor E. Clarke Fredric G. Reynolds Edward W. Easton3 Marilyn Segal3 Gloria Estefan3 Robert H. Simms3 Peter T. Fay Peter Storer Secretary of the University of Miami Aileen M. Ugalde Gonzalo Valdes-Fauli3 Frances L. Wolfson3 Charles J. Zwick Prepared by1 Norman I. Weil, Esq. Fowler White Burnett P.A. 1395 Brickell Ave. Miami, Florida 33131 Parcel lDNumbaY:01-3136-03ra-0350, 0360 Corrective Warranty Deed 1111!11 IIIA 1111111111111111111111111 fill Hill Ali Ck 261.105 Psis 4043 - 400i t2pes) RECORDED 03/27!2009 12:112116 DEED DOC 'FAX 0.60 SURTAX 0.400 iIARVEY RUVINt CLERK OF COURT MAHI^DADC COUNTY, FLORIDA This Indenture, Madothis 24th day or March , 2009 A.D.. Behveen Richard E. Pleban, Individually and. as Trustee of ills County or VAami-Dade , state of Florida , grantDr, and 7th Ave Market, LLC, a Florida limited liability company whose addron is! C/o N. Weil, 1395 Erickell Ave. , 14th floor, Miami, FL 33181 of Wo County of Miami—Dado , state of Florida ,,grantee. Witnesseth that the OltANTOft,TorandJnconsidaadonoftheaumof -------.»....--------------_TMT DOLLARS ($10) -----------......----_---- DOLLARS, and other good and valuable corWdc alion to GRANTOR in land paid by GU1, EE, the receipt wbareof 11 hereby acknowledged, has gtanted, bargained and sold to the Bald GRANfP.B and GRANTEE'S hetm, successors and aufgos forever, iha following described land, situate. IyingandooinginthaCAwttyof Miami -Dade Sudo of r1orida lowitt Lots 1, 2, 3, 4, 5, and the South 5 feet of Lot 6, in Block 8, ot: ROBERTS AND MUTNER ADDITION, acooxding to the plat thereof, as recorded in Platt Book 10, Page 56, of the Public Records of Miami -Dade County, Florida. *SEE-MACBED MM'KBIT "A" FOR COMTIMOATION 9F 1,EGAL DESCRIPTION* Subject to: 1. Taxes for the year 2009, and all subsequent years. 2. Conditions, restrictions, limitations and easements of record, if any. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor and neither the grantor or grantor's spouse, nor anyone for whose support the grantor is responsible, resides on or adjacent to said land. This instrument is a Corrective Warranty Deed correcting that Certain Warranty Deed recorded in Official Records Book 26787, Page 2238, of the Public Records of Hi,ami-Dade County, Florida wherein the name of the grantee was incorrect. (need, e grantor do a fully tit the tide to said lead, and wiu defend the. tame 3gatnst Itwful alalms of all persont vvbantwover. (nness 0 ,the gr r has hwounto set hie hand and sal the day and year Furst obovrof�wrAtwn. / Siseated x ed our presence: Vw c (Seal) Prf.n e:Zunilda Figueroa Richard E. Pleban, Individually and Witness as Trustee P.O. Address, 7725 NW TIB 8 Avenue, Miami, FL 33135 Printed Name: Eduardo Naa Witness STATE OF Florida COUNTY OF Miami. --Dade no foregoing ham -ml was rAmowledod before = this Richard E. Pleban, Individually he is polsolmly known to Pao or he has produced his 75225—IIIW JAWGne e4byQMgta1Syau0.at.a, 2M (01)743.3533 iom M.Wo1 Book26805/Page4048 CFN#20090225874 Page 9 of 2 OR BPI' 26805 PG 4CI49 1. -AST PAGE LWS AND EXCEPT Begil at the Northwesterly Comdr of the South five (5) foot of Lot 6, Blook 8, of ROBEWS and GRENTNM ADDMON according to the plat thereof, as rocardtd 1n Plat Hook 10 et Page 36 of thoPublic Racards ofMiemiDa le County, Florida; thanoe run Bast alattgthoNos m1YPM04Y line of the South 5 feet of addlut 6 far a distanca of 2.27 feet to the Hasa Building Lim of NX 7th Aveaua, said line being 37.5 foot Bast of and parallol with W Want llna of Section 36, Township 53 South, Rango 41 But; thence run Soutberly 81009 said Baso Building Line OWN. � 71h Ave a distance of 99A3 feat to a patut of cutvaWm of a circular curve hming a radius,of 25 feat a central angle of 91°17145" end a teogout of 25.57 feet; thoaca Soutluuiy, SeuttW tat'ly and Ilastefly along the aur of said curve a distance of 34.84 fast to a poiet of t=&=y with the BRxe Building citta of NX 19th Twaoa; acid line being 25 foot Northerly of and patalla] with the cantalina of Raid NX 19th 'lhtrare; dunce nin Hsatorly along acid DUO Ruildhtg lino e distance of 7238 feet to the F,astaly property line of Lot 1, Block 8. of said ROHIMTS and GR44MBItAtlDMON; thence South 5 fact to the Southeast Comot ofedd Lot 1; thanco West along the Southerly property lino of oeid lot 1 a diattanae of 74.36 feat WA Point of Cwwhuc of a curve h4vb* arvAus of25 feet; thauceNorthwcatestyand Nortbody alongtho aro ofeaid cwve to U point of tanpley with the mda tng Property lino of Said Lot 1; Bald 1140 also balu9 the axisting f ssterly Right of Way line o£N.W. Nh Ave., thancallonhoriy along aald ileo a distance of lokS f00t; moue or less to the PoutofHaginniAg Book26805fPage4049 CFN#20090225874 Page 2 of 2 4 � � THIS INSTRUMENT PREPARED BY: CITY OF MIAMI CITY ATTORNEY'S OFFICE ATTN: RAFAEL O. DIAZ, ASSISTANT CITY ATTORNEY MIAMI RIVERSIDE CENTER SUITE 945 444 S.W. 2ND AVENUE MIAMI, FLORIDA 33130-1910 Above This Line For Recording OR Bk 26839 Pss 2735 - 2741; (7a90 RECORDED "/23/2009 12:17:49 DEED DOG TAX. 90.00 SURTAX. 67.5+) HARVE'f RUVIN, CLERK OF COURT MIAMI-DADE GOUNTYr FLORIDA THE CITY OF MIAMI COUNTY OF MIAMI-DADE, STATE OF FLORIDA QUITCLAIM DEED THIS QUITCLAIM DEED, made this ZZ day of 4Zg! G , 2009, by and between the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida, in the County of Miami -Dade, 444 Southwest 2"a Avenue, Miami, Florida 33130 party of the first part, as grantor and 7th Ave Market, LLC, a Florida Limited Liability Company, having an office at c/o University of Miami, 1535 Levante Avenue, Room 2008, Coral Gables, FL 33145, as grantee (the word "grantee" meaning either singular or plural and including the heirs, assigns, personal representatives and successors thereof, where the context so requires or admit(s); WITNESSETH: That the grantor, for and in consideration of the sum of Ten Dollars ($10.00) paid by the grantee, the receipt whereof is hereby acknowledged, and other valuable considerations, has remised, released, and quitclaimed, and by these presents does remise, release and quitclaim unto the said grantee, all the right, title, interest, claim and demand which the grantor has in and to the following described land, situated, lying and being in the County of Miami -Dade, State of Florida, to wit: As described in Exhibit "A" attached hereto and made a part hereof, and hereinafter referred as the "Property". This Quit Claim Deed is made and executed upon, and is subject to, the following covenants, which are part of the consideration for the Property conveyed and are taken and construed as running with the land: 1. The Grantee, for itself, its successor and assigns, covenants to pay all real estate taxes or assessments on the Property or any part thereof when due. In the event the Property is ever declared to be "immune" or "exempt" from the payment of ad -valorem taxes, the Grantee, its successors and assigns, agree to pay to the Grantor an annual payment which shall be in an amount equal to the amount the Grantor would have received as ad valorem taxes based on the valuation method employed by the county property appraiser pursuant to Chapter 193 Florida Statutes, (2003), as may be amended from time to time ("Grantor's Share of Ad Valorem Taxes"). Book26839/Page2735 CFN#20090296456 Page 1 of 7 2. The Grantee, for itself, successors and assigns, agrees not to place, on any portion of the Property, any sign or billboard that will be in public view. The restriction shall be a covenant running with the land. In the event Grantee violates or fails to comply with this covenant, Grantee will be given a period of thirty (30) days, commencing on the date of Grantor's notice to Grantee, in which to correct or cure the violation (the "Cure Period"). If Grantee fails to correct or cure the violation within the Cure Period, the Grantor shall have the right to reenter and take possession of the Property and take all actions necessary to cure or cause the violation to be cured, at Grantee's expense, or to cause title to the Property to revert back to the City. The restrictions and covenants set forth in Sections 1 and 2 above shall be deemed covenants running with the land and shall be binding to the fullest extent permitted by law and equity on the Grantee, its successors and assigns, and shall inure to the benefit and in favor of, and enforceable by the Grantor. Grantee's obligation to pay Grantor's Share of Ad Valorem Taxes shall be secured by a lien on the Property, as of the time and date such lien is recorded in the Public Records of Miami -Dade County, Florida. The Grantor shall also have all rights and remedies; and may maintain any actions or suits at law or in equity, to enforce and compel the cure of a breach of any of the foregoing covenants, including, without limitation, an action to enforce compliance, a to foreclose the lien for payment of Grantor's Share of Ad Valorem Taxes, or to cause title to the property to revert to the City. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest and claim whatsoever of the said grantor, either at law or in equity, to the only proper use and benefit of the said grantee forever. IN WITNESS WHEREOF, the City of Miami, Florida, a municipal corporation of the State of Florida, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto, by its City Manager and its City Clerk, both thereunto duly authorized this ,22 day of 2009. CITY CLERK CINUANII, A MUNICIPAL CO O ION OF THE STA O FLORIDA PEDRO G. HERM CITY MANAGER APPROVED AS TO LEGAL FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Book26839/Page2736 CFN#20090296456 Page 2 of 7 STATE OF FLORIDA) ) SS COUNTY OF DADE ) The foregoing instrument was acknowledged before me this 02a day of m � , 2009 by Pedro G. Hernandez as City Manager of CITY OF MIAMI, a munici al corporation of the State of Florida, who is personally known to me or who has produced as identification a -o 1d not take an oath. NUTAR PUBLIC -STATE OF FLORIDA Ofelia ); Perez iCommission #1)D701412 w _'-,,,'�„.••` Expires: AUG. 02, 2011 BONDED 171HU ATLANTIC BONDING CO., INC, Prin d Name: Not Public My Commission Expires: The foregoing conveyance was approved pursuant to Resolution No. 09-0169 of the City Commission of the City of Miami, Miami -Dade County, Florida, passed and adopted on April 2, 2009. A copy of Resolution No. 09-0169 is attached hereto as Exhibit "B". Book26839/Page2737 CFN#20090296456 Page 3 of 7 3 1111111 IIIII IIII) IIIII IINI1111111111111(1111 CFN 2#1108R0479670 OR 8k 26425 Pss 0544 - 602; (485) RECORDED 06/11/2008 13:25:0 DEED DOC TAX 49070.00 SURTAX 37x327.50 HARVEY RUVIHr CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Quitclaim Deed Number 31713 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253.03, Florida Statutes, authorized and empowered to convey certain lands under the terms and conditions set forth herein; and, WHEREAS, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on the 19th day of September, 2006. NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of EIGHT MILLION TWO HUNDRED NINETY-FIVE THOUSAND AND 00/100 DOLLARS ($8,295,000.00) and other good and valuable considerations, to it in hand paid by the UNIVERSITY OF MIAMI, a Florida non-profit corporation, whose address is c/o Real Estate Office, 1535 Levante Avenue, Facilities Administration Building, Coral Gables, Florida 33146, as "GRANTEE," has remised, released, conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, its successors and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Miami -Dade County, Florida, to -wit: (SEE EXHIBIT "A" ATTACHED) re't„o -0- : 01 -- 3► 3c� - 035— 03� TO HAVE AND TO HOLD the above-described lands subject to all outstanding easements, reservations and other interests. c.� Book26425/Page599 CFN#20080479670 Page 1 of 4 o IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribed their names and have caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to be hers=to affixed in the City of Tallahassee, Florida, on thisda —, A.D. 2008. • • (SEAL) BOARD OF TRUSTEES OF THE CHARL CRIST INTERNAL IMPROVEMENT GOVERNU TRUSV-• F'UX F THE STATE 0F,".Ft,ORIbA''�;, BILL MCCOLLUM Cts > ATTORNEY GENERAL AP;PRQVEP, AS'.0FORM AND LEG15tt11fP�j;i.`' ALEX SINK CHIEF FINANCIAL OFFICER A By: C'4 P Att me CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by: Tracy Peters Department of Environmental Protection Bureau ofPublic Land Administration Division of State Lands 3 900 Commonwealth Blvd. MS 130 Tallahassee, Florida 32399-3000 Page 2 of 4 Quitclaim Deed No. 31713 Book26425/Page600 CFN#20080479670 Page 2 of 4 EXHIBIT "A" TRACT "A" Lots 12 through 19, Block 8 and the 15 foot wide alley lying Easterly of and contiguous with lots 1 through 11 of said Block 8; lots 1 through 8 and a portion of lot 9, Block 9, together with portions of N.W. 19th Terrace and N.W. 6th Place, all according to the plat of ROBERTS AND GRENTNER ADDITION as recorded in Plat Book 10, Page 56 bf the public records of Miami - Dade County, Florida and being more particularly described as follows: Commence at the N.W. corner of Section 36, Township 53 South, Range 41 East; thence N87°45100"E along the North line of the Northwest one-quarter (NW 1/4) of said Section 36 a distance of 135.01 feet; thence S01003'55"E a distance of 35.01 feet to northeast corner of lot 11, said block 8 and the Point of Beginning of the parcel of land hereinafter described; thence N87°45100"E across said 15 foot wide alley, N.W. 6th Place, and along the Northerly lines of lots 12 through 15, Block 8 and lots 1 through 4 Block 9, a distance of 254.36 feet to the Northeast corner of lot 4, Block 9; thence S01°15'53"E along the Easterly line of lots 4 through 9, Block 9 a distance of 294.99 feet; thence S87°4'5'00"W along the center line of N.W. 19th Terrace and the Easterly prolongation thereof a distance of 255.39 feet; thence N01°03'55"W along the Westerly line of said 15 foot alley a distance of 295.00 feet to the Point of Beginning, Said lands being in the City of Miami, Miami -Dade County, Florida. TRACT "B" Lots 12 through 18, Block 5 and the 15 foot wide alley lying Easterly of and contiguous with lots 1 through 11 of said Block 5, together with portions of N.W. 17th Street, N.W. 18th Street and N.W. 6th Place, all according to the plat of ROBERTS AND GRENTNER ADDITION recorded in Plat Book 10, Page 56 of the public records of Miami -Dade County, Florida and being more particularly described as follows: Commence at the N.W. Corner of Section 36, Township 53 South, Range 41 East. Thence N87°45'00"E along the North line of the Northwest one-quarter (NW 1/4) of said Section 36, a distance of 35.01 feet; thence S01°03'55"E along the Westerly lines of Blocks 6, 7, and 8 of said plat and the Northerly and Southerly prolongations thereof, a distance of 1010.03 feet to the center line of said N.W. 18th Street; thence N87°45100"E along said center line a distance of 100.00 feet to the Point of Beginning of the parcel of land hereinafter described. Thence continue N87°45'00"E along said center line and the Easterly prolongation thereof a distance of 160.00 feet to a point on the West line of Block 9 of said plat; thence S01°03155"E along said West line and Southerly prolongation thereof, a distance of 317.23 feet to the point of intersection with the Westerly prolongation of the Southerly line of said Block 9; thence N7802813211W a distance 46.11 feet to the point of intersection of the Southerly prolongation of the Easterly line of said lot 18 Block 5 with the Easterly prolongation of the Southerly line of said lot 18; thence S87°38'46"W along the South line of said lots 17 and 18 block 5 and the Easterly and Westerly prolongations thereof, a distance of 115.00 feet to a point on the Westerly line of said Page 3 of 4 Quitclaim Deed No. 31713 0$M APPRO By St nay S21.07 Book26425/Page601 CFN#20080479670 Page 3 of 4 OR BK 26425 PG 0602 t -AST F'AGE alley, being coincident with the Southeast corner of lot 1 of said Block 5; thence N0l°0315511W along the Westerly line of said alley and the Northerly prolongation thereof a distance of 306.46 feet to the Point of Beginning, Said land being in the City of Miami, Miami -Dade County, Florida. TRACT "C" All of Blocks 6 and 7, the South 10 feet of Lot 9, Block 9 and Lots 10 through 21, Block 9, the North 12 Feet of Lot 22, Block 9 and the West 10 feet of Lots 22 through 24, Block 9 and portions of adjacent Right of Ways, being a portion of "ROBERTS AND GRENTNER ADDITION", according to the Plat thereof as recorded in the Plat Book 10, Page 56 of the Public Records of Miami -Dade County, Florida being more particularly described as follows: Commence at the Northwest corner of Section 36, Township 53 South, Range 41 East; thence run South 01003137" East along the West line of said Section 36 for a distance of 330.08 feet; thence North 87040'53" East for a distance of 135.01 feet to the POINT OF BEGINNING of the herein described Parcel; thence continue North 87040'53" East for a distance of 255.27 feet to the Westerly Right of Way line of Interstate Highway Number 95; thence South 01016104" East along said Westerly Right of Way line a distance of 502.09 feet; thence South 87°40'53" West for a distance of 87.09 feet; thence South W03137" East for a distance of 108.03 feet; thence South 87°40153" West for a distance of 10.00 feet; thence South 01°03137" East for a distance of 70.02 feet; thence South 87040153" West for a distance of 160.00 feet; thence North 01°03137" West for a distance of 20.00 feet; thence South 87°40153" West for a distance of 74.44 feet to a point of curvature on a curve to the right, having a radius of 25.00 feet and a central angle of 91°15'30"; thence along the arc of said curve for a distance of 39.82 feet to a point of tangency on the East Right of Way line of NW 7th Avenue; thence North 01°03'37" West along said East Right of Way line for a distance of 590,16 feet to a point of curvature of a curve to the right having a radius of 25.00 feet and a central angle of 88044'30"; thence along the arc of said curve for a distance of 38.72 feet to a point of tangency; thence North W40153" East for a distance of 75.54 feet; thence North 01°03'37" West for a distance of 20.00 feet to the POINT OF BEGINNING, LESS AND EXCEPT the West 5.0 feet thereof for right- of-way purposes. Bearings shown hereon are based on an assumed bearing of H87°45'00"E along the center line of N.W. 20th Street as shown on said plat. Page 4 of 4 A"ROM Sk Da4B,:i•o7 Quitclaim Deed No. 31713 Book26425/Page602 CFN#20080479670 Page 4 of 4 RESTATEMENT of the AMENDED CHARTER U niversity of Miami ARTICLE I - Incorporation of the University of Miami The University of Miami is a duly chartered private educational institution incorporated under the laws of Florida; its original Charter and all amendments thereto were granted by the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, as permitted by the Florida Statutes prior to 1959. In.order to obtain the advantages of reincorporation under the Florida Statutes of 1959, Chapter 617, Part 1, it was reincorporated by the Secretary of State of Florida on the 7th day of April, 1961, and the University of Miami accepted the provisions of said Chapter 617 of the Florida Statutes. This amended Charter has been authorized by the Board of Trustees of the University of Miami and a certified copy of such authorization has been filed in the Office of the Secretary of State of Florida together with this amended Charter. ARTICLE II - Rights and Obligations The University of Miami shall be entitled to and possessed of all the privileges, franchises, and powers heretofore possessed under its previous charters and all amendments thereto. All the property, rights, and privileges of the University of Miami which were acquired by gift, grant, conveyance, assignment, or otherwise are hereby ratified, approved, confirmed, and assured to the University of Miami in the same manner originally acquired under its previous charters and amendments. The University of Miami shall be subject to all the contracts, duties, and obligations heretofore resting upon the corporation or to which the corporation shall be in any way liable under its previous charters and all amendments thereto. ARTICLE III - Name and Location The name of this corporation shall be UNIVERSITY OF MIAMI. The principal office and place of business of the corporation shall be in the City of Coral Gables, Dade County, Florida, but it may establish such branch offices elsewhere, either within the State of Florida or elsewhere in the United States and in foreign countries, as the Board of Trustees may from time to time determine. The main campus, colleges, schools, and libraries of the University shall be in Coral Gables, Florida, but this corporation may establish colleges, schools, institutes, divisions, branches, libraries, extension departments, research and other laboratories, activities, and operations of the University at such other place or places, either within the Charter of the University of Miami State of Florida or elsewhere in the United States and in foreign countries, as the Board of Trustees may from time to time determine. ARTICLE IV - General Purposes of the University This corporation is not for profit, and it is formed for the purpose of establishing and operating an educational and scientific institution, otherwise known as the UNIVERSITY OF MIAMI, having as integral departments thereof such various colleges, schools, institutes, laboratories, research activities, operations, and other departments as may be deemed suitable by its Board of Trustees. ARTICLE V - Membership Section A. Qualification and Manner of Admission Membership is divided into two classes, one class to be known as the trustees and the other class to be known as general members. Section B. Trustees The trustees shall be members of this corporation, with the sole voting power in the management, control, and operation of the University. Section C. General Members Other members of this corporation may be natural persons, corporations, foundations or other legal entities, including governmental bodies, and such members may be admitted to the corporation by a majority vote of the Board of Trustees or by a majority vote of the Executive Committee provided for in ARTICLE X of this amended Charter, All reputable persons interested in higher education and in the purposes of the University shall be eligible for general membership. AR'T'ICLE VI - Existence and Dissolution Section A. Term of Existence This corporation shall have perpetual existence. Section B. Dissolution If this corporation should ever be dissolved for any reason or should it discontinue its operations as a university or should its corporate existence be discontinued for any reason, its property and assets shall not belong to the -2- Charter of the University of Miami trustees or to any other individual, firm, or corporation, but shall be the property and assets of the corporation or association, established for educational and scientific purposes, which succeeds the UNIVERSITY OF MIAMI, and to which such property and assets are assigned by this corporation. If no successor corporation or association is established to receive said property and assets, the same shall be the property of the people of the State of Florida to be used as provided by the laws of Florida. ARTICLE VII - Trustees Section A. Board of Trustees The government of the affairs of this corporation and the management of its business shall be vested in a Board of Trustees. The Board of Trustees shall consist of any number as determined by the Board of Trustees from time to time, except that the number can never be less than twenty (20). In addition to this minimum number of regularly elected trustees: There shall be three trustees who have been nominated by the Alumni Association; and 2. The President and Immediate -Past President of the Citizens Board of the University of Miami, and the President -Elect, President and Immediate -Past President of the Alumni Association of the University of Miami shall be ex -officio members of the Board of Trustees, but only so long as they shall continue to hold their respective offices. The President of the University shall be an ex -officio member of the Board of Trustees. Alumni trustees and ex -officio trustees shall have the same powers, rights, and privileges as regular trustees, except that alumni trustees and ex -officio trustees other than the President of the University will not be eligible for election as regular trustees, within a period of one (1) year after their service as alumni trustees or ex -officio trustees. This prohibition shall not apply to any election to fill a vacancy on the Board of Trustees created by the death or resignation of a regular trustee. In addition, an alumni trustee who has been elected to fill a vacancy on the Board of Trustees created by the death or resignation of another alumni trustee shall be eligible for re-election as an alumni trustee for a term of less than three (3) years, so that, if re-elected, -3- Charter of the University of Miami his or her total length of service shall be three (3) years. No faculty member of the University shall be a trustee unless the Board of Trustees shall hereafter so authorize at a meeting of the Board regularly called and held. 3. There shall be Life Trustees, who shall be elected for life, as defined in Section C of ARTICLE VII. 4. There shall be one student Trustee who shall be elected by the Trustee Service Committee to serve a one year term. Section B. Classes of Trustees The members of the Board of Trustees shall at all times be divided into three classes numerically equal, as nearly as possible. The names and addresses of the members of the present Board of Trustees are as follows: Terms Expire Annual Meeting 2008 Date of Initial Election Leonard Abess February 6, 1997 25 West Flagler Street, Sixth Floor Miami, Florida 33130 Michael 1. Abrams February 8, 1995 One Southeast Third Avenue, 251h Floor Miami, Florida 33131-1714 Betty G. Amos February 6, 1997-2000 9275 Coral Reef Drive, Suite 107 April 30, 1999-02 Miami, Florida 33157 January 18, 2002 Jose R. Arriola April 17, 1998-03 13975 NW 58th Court April 27, 2007 Miami Lakes, Florida 33014 Hilarie Bass January 24, 2003 1221 Brickell Avenue Miami, Florida 33131 Jon Batchelor April 27, 2007 1680 Michigan Avenue, Penthouse 1 Miami Beach, Florida 33139 -4- Charter of the University of Miami Norman Braman December 6, 1995 2060 Biscayne Boulevard, 2nd Floor October 11, 2002 Miami, Florida 33137-5024 Nicholas A. Buoniconti February 12, 1992 8362 Pines Boulevard, #287 Pembroke Pines, Florida 33024 Alfred R. Camner January 27, 2006 255 Alhambra Circle, Penthouse Coral Gables, Florida 33134 Preston J. Clark April 27, 2007 4718 SW 67th Avenue, Apt. B14 Miami, Florida 33155 Edward A. Dauer February 8, 1996-99 4850 West Oakland Park Blvd., Suite 145 October 7, 1999 Fort Lauderdale, Florida 33313-1503 Edward W. Easton February 14, 1990 10165 Northwest 19th Street Miami, Florida 33172 Richard D. Fain February 6, 1997 1050 Caribbean Way Miami, Florida 33132-2074 Enrique C. Falla February 9, 1994 600 Grapetrec Drive, Apt. 4BS Key Biscayne, Florida 33149 George Feldenkreis February 6, 1997 3000 Northwest 107th Avenue Miami, Florida 33172 David I. Fuente February 9, 1994 701 Tern Point Circle Boca Raton, Florida 33431. Phillip T. George February 15, 1989 2601 South Bayshore Drive, Suite 725 Miami, Florida 33133 -S- Charter of the University of Miaini Thelma V.A. Gibson February 6, 1997 3661 Franklin Avenue Coconut Grove, Florida 33133 Rose Ellen Greene February 14, 1990 201 Solano Prado Coral Gables, Florida 33156 Barbara Hecht Havenick October 11, 2002 369 Leucadendra Drive Coral Gables, Florida 33156-2368 Randall C. Johnson April 22, 2005 4707 Bayshore Boulevard Tampa, Florida 33611 Bernard J. Kosar April 28, 2000-2002 600 W. Las Olas Boulevard, Unit 909 October 11, 2002 Fort Lauderdale, Florida 33312 Jayne Sylvester Malfitano January 26, 2007 2323 Areca Palm Road Boca Raton, Florida 33432 Robert A. Mann October 11, 2002 2100 North Ocean Boulevard, #2102 Fort Lauderdale, Florida 33305-1916 Arva Parrs McCabe February 9, 1994 1601 South Miami Avenue Miami, Florida 33129 Stuart A. Miller October 11, 2002 700 Northwest 1071h Avenue Miami, Florida 33172 Judi Prokop Newman April 28, 2000 2 Random load Cherry Hills, Colorado 80113 M. Lee Pearce February 10, 1993 22 LaGorce Circle Miami Beach, Florida 33141 -6- Charter of the University of Miami Jorge M. Perez April 28, 2000 315 S. Biscayne Boulevard, Penthouse Miami, Florida 33131 Lois B. Pope October 11, 2002 6274 Linton Boulevard, Suite 103 Delray Beach, Florida 33484 Fredric G. Reynolds April 11, 1997-00 51 West 52nd Street, 35th Floor October 11, 2002 New York, New York 10019 Carlos A. Saladrigas February 8, 1996 11000 Southwest 83rd Avenue Miami, Florida 33156-4307 Eduardo M. Sardina February 8, 1996 4520 S. W. 72nd Street Miami, Florida 33143 Laurie S. Silvers April 25, 2003 - 06 2255 Glades Road, Suite 221-A April 27, 2007 Boca Raton, Florida 33431-7383 E. Roe Stamps IV January 24, 2003 3725 Leafy Way Coconut Grove, Florida 33133-6407 Ronald G. Stone February 18, 1987 2103 Coral Way, Suite 200 Miami, Florida 33145 Robert C. Strauss October 9, 1991 2627 S. Bayshore Drive, Unit 3202 Coconut Grove, Florida 33133 Patricia W. Toppel February 8, 1998 7900 Glades Road, Suite 600 Boca Raton, Florida 33434-4104 Barbara A. Weintraub February 6, 1997 3370 Devon Road Miami, Florida 33133 I►AN Charter of the University of Miami Terms Expire Annual Meeting 2009 Date of Initial Election Paul L. Cejas October 17, 2003 Post Office Box 191768 Miami, Florida 33119 Wayne E. Chaplin January 19, 2001 1600 Northwest 163 Street Miami, Florida 33169 Laura G. Coulter -Jones February 8, 1998 65 Leucadendra Drive Coral Gables, Florida 33156 Paul J, DiMare April 23, 2004 P,O. Box 900460 Homestead, Florida 33090-0460 David L. Epstein January 23, 2004 1200 S. Pine Island Road, Suite 200 Plantation, Florida 33324 Steven J. Green April 27, 2001 2601 South Bayshore Drive, Suite 800 Coconut Grove, Florida 33133 Dany Garcia Johnson April 28, 2006 9800 NW 41 st Street, Suite 270 Miami, Florida 33178 Michael R. Klein April 28, 2006 2001 K Street, N.W., Suite 206 Washington, D. C. 20006 Roger J. Medel January 23, 2004 1301 Concord Terrace Sunrise, Florida 33323 William L. Morrison April 17, 1998 700 Brickell Avenue, Third Floor Miami, Florida 33131-2804 -8- Charter of the University of Miami Aaron S. Podhurst April 27, 2001 25 West Flagler Street, Suite 800 Miami, Florida 33130-1780 Alex E. Rodriguez January 23, 2004 c/o Lisa Gilsen P.O. Box 190749 Dallas, Texas 75219 Steven J. Saiontz October 17, 2003 3250 Mary Street, Suite 502 Coconut Grove, Florida 33133 H.T. Smith January 23, 2004 1017 N.W. 9th Court Miami, Florida 33136 Steven Sonberg January 23, 2004 701 Bricked Avenue, Suite 3000 Miami, Florida 33131-2813 Terms Expire Annual Meeting 201.0 Date of Initial Election Joaquin F. Blaya April 30, 1999 442 Jody Road Basalt, Colorado 81621 Michael Fernandez January 28, 2005 121 Alhambra Plaza, Suite 1.100 Coral Gables, Florida 33134 Marilyn J. Holifield January 18, 2002 701 Brickell Avenue, Suite 3000 Miami, Florida 33131 Manuel Madre October 15, 2004 220 Alhambra Circle, Suite 304 Coral Gables, Florida 33134 Frank Scruggs February 13, 1991.1995 350 East Las Olas Boulevard, Suite 1000 January 19, 2002 Fort Lauderdale, Florida 33301 As the terms of the trustees expire, the remaining trustees, at any annual, special or adjourned meeting, may fill the vacancies so created. IWO Charter of the University of Miami Section C. Retirement, Emeritus Trustee, Life Trustee, and Honorary Trustee 1. Retirement - The term of office of any trustee shall expire and he or she shall retire on the date of the next annual meeting of the Board after he or she reaches the age of seventy --five (75), unless the Board makes an exception to this rule, in which event the Board may re-elect such person from year to year thereafter. 2. Emeritus Trustee - A person who retires after accumulating ten (10) years of active service or who retires because of ill health after accumulating five (5) years of active service on the Board may be elected by the Board as a Trustee Emeritus. A trustee is not required to meet the foregoing eligibility criteria if (i) the Board determines that the trustee has provided outstanding and meritorious service to the University and (ii) the trustee is elected by at least a three-fourths vote of the Board constituting a quorum. Emeriti Trustees shall not have fiduciary responsibility and are not entitled to vote at board meetings but shall be eligible to serve on committees of the Board and vote at committee meetings. 3. Life Trustee - Upon reaching the age of seventy (70) and attaining fifteen (15) years of active service, or upon reaching the age of sixty (60) and attaining twenty (20) years of active service, or upon having served as Chairman of the Board, a trustee shall be eligible for election as a Life Trustee. Life Trustees shall have full power and authority to attend all Board meetings, to participate in all discussions, and to vote on all questions. Such authority and responsibility shall carry with it the corresponding fiduciary obligations imposed by the Florida Statutes. Terms of office for Life Trustees shall be for life. Should a Life Trustee resign his or her position, the Life Trustee shall be eligible for election as a Trustee Emeritus. 4. Honorary Trustee - The Board also may elect as an Honorary Trustee a person who has performed an especially outstanding service for the University or one who has shown interest in the University and is of great renown. An Honorary Trustee may attend meetings of the Board of Trustees but shall not be entitled to vote. M[118 Charter of the Uidversity of Miami The names and addresses of the present Life Trustees are as follows: Stanley H. Arkin 5500 Collins Avenue, Apt. 603 Miami Beach, Florida 33139 Jose P. Bared 5800 N.W. 7411 Avenue, Suite 201 Miami, Florida 33166 Fred Berens 200 South Biscayne Boulevard Suite 3200 Miami, Florida 33131-2364 M. Anthony Burns 18001 Old Cutler Road, Suite 460 Miami, Florida 33157 Charles E. Cobb 355 Alhambra Circle, Suite 1500 Coral Gables, Florida 33134 Dean C. Colson 255 Aragon Avenue, 2nd Floor Coral Gables, Florida 33134 Nicholas A. Crane 10 Edgewater Drive, Tower D Coral Gables, Florida 33133 Carlos M. de la Cruz, Sr. 220 Alhambra Circle, Suite 304 Coral Gables, Florida 33134 Alfonso Fanjul 1 North Clematis Street, Suite 200 West Palm Beach, Florida 33401 - 11 - Phillip Frost 4400 Biscayne Blvd, 15th Floor Miami, Florida 33137-3227 Florence Hecht Three Grove Isle Drive, #1401 Miami, Florida 33133 Arthur H. Hertz 3195 Ponce de Leon Boulevard Coral Gables, Florida 33134 David Kraslow 13647 Deering Bay, Apt. 111 Coral Gables, Florida 33158 Archie L, Monroe 2192 Kingfish Road Naples, Florida 34102 David R. Weaver Post Office Box 290837 Charlestown, Massachusetts 02129-0215 Marta S, Weeks 7350 Southwest 162nd Street Miami, Florida 33157 Sherwood M. Weiser 3250 Mary Street, 5th Floor Miami, Florida 33133 G. Ed Williamson, II 7815 Southwest 104th Street Miami, Florida 33156 Thomas D. Wood 95 Merrick Way, Suite 360 Coral Gables, Florida 33134 Charter of the University of Miami The names and addresses of the present Trustee Emeriti are as follows: Bernyce Adler Marilyn Segal 10101 Collins Avenue 3301 College Avenue Apartment 16E Fort Lauderdale, Florida 33314 Bal Harbor, Florida 33154 Victor E. Clarke 247 Greco Avenue Coral Gables, Florida 33146 Gloria Estefan 420 Jefferson Avenue Miami Beach, Florida 33139 Peter T, Fay 99 NE Fourth Street, Room 1255 Miami, Florida 331.32 W. Sloan McCrea 2711 Southwest 22nd Avenue Miami, Florida 33133 Richard W. McEwen. 5300 Zebulon Road, #65 Macon, Georgia 31210 Charles E. Rice 50 North Laura Street Jacksonville, Florida 32202-3638 Robert H. Simms 7020 Gleneagle Drive Miami Lakes, Florida 33014 Peter Storer Post Office Box 1270 Saratoga, Wyoming 82331 Gonzalo Valdes-Fauli 1401 Brickell Avenue, Suite 920 Miami, Florida 33131 Frances L, Wolfson 15 Casa Mar Lane Naples, Florida 34103 Charles J. Zwick 626 Coral Way, # 1603 Coral Gables, Florida 33134 Section D. Elections and Removals A majority vote of the trustees constituting a quorum shall be required to elect or remove the President. -12- Charter of the University of Miami Section E. Term of Election Alumni Trustees shall serve a term of three years. Regularly elected trustees normally shall be elected for an initial term of one year with a second optional one-year term. Thereafter regularly elected trustees shall be elected for three-year terms but may be elected for shorter terms in order to keep the three classes of trustees numerically equal, as nearly as possible, or for any other reason deemed appropriate by the Board. Regular attendance at Board meetings of all trustees is expected. Such regular attendance shall be considered by the Trustee Service Committee in recommending reelection to the Board. Section F. Criteria for Election The criteria to be considered for election of trustees shall be centered on an assessment of the individual's commitment to the University and the ability to advance the University's relationship with business, government, and the professions. The Board will proactively seek members offering gender, ethnic, national, and international -based points of view. The criteria to be considered for re --election of trustees shall be primarily based on success in: ensuring the adequacy of the University's financial resources, by example -setting and solicitation of others; representing the University's interests with business and the various communities of interest; and participation in trustee and. University activities. Section G. Vacancies in Board At any annual, special or adjourned meeting, the Board of Trustees may fill any vacancies on the Board of the University arising through death, resignation, non -election, or otherwise; the term of office of a trustee so elected shall be fixed by the Board at the time of his election. Section H. Indemnification of Trustees and Officers In the event a claim is made against a trustee or officer of the University by reason of any threatened, pending or completed action, suit or proceeding based upon an act alleged to have been committed by such person in the performance of his or her duties to the University as a trustee or officer of the University or in his or her capacity as trustee, director, officer, employee or agent of a corporation, trust or entity which he or she served at the request of the University, the University shall provide counsel for and shall indemnify and hold harmless such trustee or officer against judgments, fines and amounts paid in settlement thereof, provided, however, that: -13- Charter of the University of Miami 1. in order for any trustee or officer to be entitled to indemnification, the University must have been advised promptly of the claim and afforded an opportunity to provide a defense; 2, such trustee or officer shall have cooperated fully in the defense of the claim; 3, the University shall have the right of control of the defense of the claim and shall control any settlement thereof; and 4. the Board of Trustees determines that such trustee or officer acted in good faith in the reasonable belief that such action was in the best interests of the University and, in criminal actions or proceedings, without reasonable ground for belief that such action was unlawful. If such trustee or officer employs separate counsel to be associated with counsel provided by the University, he or she shall bear the expense of such separate counsel including attorneys' fees and expenses but shall be entitled to indemnification if the requirements above set forth are met, If the foregoing requirements are not met or if such trustee or officer takes over his or her own defense, he or she shall bear the expense thereof including attorneys' fees and costs and expenses, and the University shall not be bound to indemnify, Section I. Board of Trustee Resignation and Dismissal Policies 1. Resignation Policy Members of the Board of Trustees may voluntarily resign from their position as a member of the Board of Trustees, and their resignation shall become effective with the delivery of a written notice of resignation to the Secretary of the University. In the event a trustee has a significant change in circumstances, he or she shall immediately submit a written notice of resignation to the Secretary of the University. The Trustee Service Committee shall, at its discretion, decide whether or not to accept the resignation, "Significant change in circumstances" is defined, for purposes of this section to include, but not be limited to, the following: (1) termination of employment, including retirement, from the position held by the trustee at the time he or she was elected to the Board; (2) become the subject of information such that if it became public might impair the individual's effectiveness as a member of -14- Charter of the University of Miaani the Board of the University. Should circumstances change such that the member's opportunity to resume productive Board service occurs, he or she would be eligible for reelection. 2. Dismissal Policy Any member of the Board of Trustees may be removed from office, for cause, at any meeting of the Board by an affirmative vote of two-thirds (2/3) majority of the entire membership of the Board of Trustees. ARTICLE VIII - Meetings of the Board Section A. Meetings In addition to the annual meeting, there shall be a minimum of two regular meetings each year of the Board of Trustees on one of the University's campuses. The dates of these regular meetings shall be fixed, except under extraordinary circumstances, one year in advance. The annual meeting shall be held on a date and at such place as may be designated by the President of the University. Section B. S ecial Meetings Special meetings of the Board of Trustees maybe held at any place and at any time whenever and wherever called by the Chairman of the Board, by any Vice Chairman, by the President of this corporation, or by written request of a majority of the Board of Trustees, provided, however, that written notice of at least ten days shall be given by mail to each member of the Board. ARTICLE IX - Names of Managing Officers The officers who are to manage the affairs of this corporation until their successors are elected and qualified are; Donna E. Shalala, President Thomas J. LeBlanc, Executive Vice President and Provost Joseph Natoli, Senior Vice President for Business and Finance Aileen M. Ugalde, Vice President, General Counsel and Secretary Said officers as well as other vice presidents and deans, and other administrative officers who now manage the affairs of the University, are to continue in office until the first election or appointment under this amended charter. -15- Charter of the University of Miami ARTICLE K - Officers - Executive Committee Section A. President and Officers The Board of Trustees shall elect the President of the University and fix his terms of office and shall annually elect one of their number to be Chairman of the Board and one or more of their number to be Vice Chairmen of the Board. The Board shall also annually elect a Vice President or Vice Presidents, a Treasurer, and a Secretary, who may or may not be members of the Board, and such other officer or officers as the Board of Trustees may determine. Section B. Executive Committee The membership of the Executive Committee shall consist of twenty-one (2 1) trustees including: the Chairman of the Board, ex -officio, the Vice Chairman (Chairmen) of the Board, ex -officio, the President of the University, ex -officio, and the immediate past Chairman of the Board, ex -officio, who shall serve with the chairpersons of the Academic Affairs Committee, the Athletic Advisory Committee, the Audit and Compliance Committee, the University Advancement Committee, the Finance Committee, the Government Affairs and Public Policy Committee, the Investments Committee, the Master Planning and Construction Committee, the Medical Affairs Committee, the Student Affairs Committee, and the Trustee Service Committee. There shall also be a minimum of two at -large members of the committee. In the event any chairperson of the above listed committees shall decline to serve or is also an elected officer of the Board, the number of at -large members shall increase to bring the membership of the committee to twenty-one. At -large members shall be nominated annually from the membership of the Board of Trustees by the Trustee Service Committee. A trustee shall not be eligible to serve as an at -large member of the Executive Committee for more than four consecutive years. Any trustee shall be empowered to make nominations from the floor in addition to those nominees of the committee. When the Board is not in session, the Executive Committee shall exercise all the powers of the Board of Trustees except (1) the power of making major changes in academic policy and of handling those business affairs that have a major impact upon academic policy, and (2) the power of electing or removing the President of the University, and (3) the power of adopting or altering the Charter or Bylaws of the corporation. The Executive Committee shall have the power and authority to delegate to an investment committee to be established in the Bylaws the responsibility for investment activities of the University with the right to delegate such portion of that authority as the investment committee determines to an agent or agents selected by the investment committee with the approval of the Executive Committee. The Executive Committee shall have the responsibility to review and make -16- Charter of the University of Miami recommendations on proposals for major change in employee benefit programs and shall serve in an advisory capacity to the administration on matters relating to direct and indirect compensation. The Executive Committee shall elect its own chairman and vice chairman from the members of the Executive Committee. Section C. Term of Office The term of all officers except that of President, including the Chairman of the Board, shall be one year or until their respective successors are elected, or for such other term as the Board of Trustees may determine; however, any officer, except the President, may be removed from office at any time by the Board of Trustees or by the Executive Committee. A trustee shall not be eligible to serve as chairman of any committee of the Board of Trustees for more than four consecutive years without the approval of two-thirds of the membership of the Executive Committee. Section D. Removal of President The removal of the President from office shall be in the exclusive power of the Board of Trustees. ARTICLE XI » Amendments to Bylaws and Charter Section A. Bylaws The Bylaws of the corporation shall be approved and adopted by the Board of Trustees. The Bylaws may be amended, altered, or rescinded in whole or in part by the Board of Trustees from time to time as the Board may deem advisable, at any meeting and without notice. Section B. Charter This Charter may be amended at any regular or special meeting of the Board of Trustees after fifteen (1.5) days written notice has been given and at which a quorum is present at said meeting, by a two-thirds vote of the trustees present at said meeting, provided that the amendment adopted is substantially as proposed by a member of the Board in writing and delivered to the Secretary of the University thirty (30) days before the date of the meeting and was set forth in the notice of the meeting. The amendment shall become effective when filed with, and approved by, the Secretary of State. Charter of the University of Miami AR'T'ICLE XII - Quorum Except as hereinafter provided, a quorum of the Board of Trustees shall consist of at least one-third (1/3) of those members authorized to vote. A quorum of the Executive Committee shall consist of the majority of the members thereof. A quorum of the Board of Trustees for purposes of the election or removal of the President shall consist of at least two-thirds (2/3) of those members of the Board of Trustees authorized to vote and defined in Section A of Article VII. Any resolution, motion, question or other action approved by a majority of the members present at a meeting at which a quorum is present shall be the lawful and authorized action or exercise of power by the Board of Trustees or by the Executive Committee, as the case may be, and any action taken pursuant thereto shall be the act and deed of this corporation, provided the election or removal of the President shall be by a vote of a majority of the members of the Board of Trustees as provided in Section D of Article VII. ARTICLE XIII - Proxies Proxies cannot be used at any meeting of the Board of Trustees or of the Executive Committee for the transaction of any business of the corporation. ARTICLE XIV - Corporate Powers Section A. Powers of Corporation Unless otherwise provided in this amended Charter or Bylaws, this corporation shall have power to: 1. Have succession in its corporate name in perpetuity as heretofore set forth in this amended Charter; 2. Sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person; 3. Adopt and use a common corporate seal and alter the same; provided, however, that such seal shall always contain the words, "corporation not for profit"; 4. Elect or appoint such officers and agents as its affairs shall require and allow them reasonable compensation; 5. Adopt, change, amend, and repeal Bylaws, not inconsistent -18- Cliarter of the University of Miami with law or this amended Charter, for the administration of the affairs of the corporation and the exercise of its corporate powers; 6. Increase, by vote of its Board of Trustees cast as the Bylaws may direct, the number of its trustees so that the number of trustees may be any number in the discretion of the trustees but never less than twenty (20), and the Board of Trustees may change the number of trustees from time to time in its discretion; 7. Make contracts and incur liabilities, borrow money at such rates of interest as the corporation may determine, issue its notes, bonds and other obligations, and secure any of its obligations by mortgage, and pledge of all or any of its property, franchises, or income; 8. Conduct its affairs, carry on its operations, and have offices and exercise the powers granted by the Florida Statutes, in any state, territory, district, or possession of the United States, or any foreign country; 9. Purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with real or personal property, or any interest therein, wherever situated; 10. Acquire, enjoy, utilize, and dispose of patents, copyrights, and trademarks, and any licenses or other rights or interests thereunder or therein; 11. Sell, convey, mortgage, pledge, lease, exchange, transfer, or otherwise dispose of all or any part of its property and assets; 12. Purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, and otherwise use and deal in and with, shares and other interest in, or obligations of, whether for profit or non-profit, other domestic or foreign corporations whether for profit or not for profit, associations, partnerships, or individuals, or direct or indirect obligations of the United States or of any other government, state, territory, governmental district, municipality, or of any instrumentality thereof; 13. Lend money for its corporate purposes, invest and reinvest its funds, and take and hold real and personal property as -19- Charter of the University of Miami security for the payment of funds so loaned or invested; 14. Make donations for the public welfare or for religious, charitable, scientific, educational, or other similar purposes; 15. Merge or consolidate with one or more other domestic corporations organized under the Florida Statutes pertaining to non-profit corporations in accordance with said Statutes; 16. Purchase or acquire the assets of one or more other educational institutions for the purpose of consolidating the assets and activities of such other educational institution or institutions with those of the University of Miami; 17. Have and exercise all powers necessary or convenient to effect any or all of the purposes for which this corporation is organized or to exercise any of its corporate powers. Section B. Power to Confer Degrees and Diplomas This corporation shall have power to confer degrees and diplomas, as is customary with universities, and to do any and all other things which may be lawful and proper for a university to do in carrying out the general objects for which it is incorporated. Section C. Enumeration of Powers The enumeration of particular powers in this amended Charter shall not be deemed or held to be exclusive but, in addition to the powers enumerated herein., implied hereby, incidental hereto, or appropriate to the exercise thereof, this corporation may do everything necessary and appropriate for the accomplishment of the objects enumerated in this amended Charter, or necessary or incidental to the benefit and protection of the corporation, and may carry on any lawful activity or operation necessary or incidental to the attainment of the objects of the corporation, whether or not such activities or operations are similar in nature to the objects enumerated in this amended Charter, and may exercise all other powers which are now, or which may hereafter be, capable of being possessed, exercised, or enjoyed by literary, educational, vocational, scientific, historical, or medical institutions, corporations, and associations under the Constitution and laws of the State of Florida, and all powers of the corporation, whether expressed or implied, shall be possessed and exercised in the manner provided by this amended Charter, and, when not so prescribed, then in such manner as may be provided by resolution or motion of the Board of Trustees or by the Executive Committee of this corporation. -20- Charter of the Uxxiver•sity of Miami ARTICLE XV - Authorization This amended Charter was duly adopted by the Board of Trustees of the University of Miami at a meeting regularly called for and held on January 25, 2008, and as evidence of such authorization, this amended Charter is signed by the University of Miami in its name by its President and Secretary. IN WITNESS WHEREOF, we have caused the name of said corporation to be subscribed and we have hereunto affixed the seal of said corporation upon this 1 st day of February, 2008. UNIVERSITY OF MIAMI LN i Donna E. Shalala President Attest: Aileen M. Ugal e Secretary (Seal) The foregoing restatement of the amended Charter of the University of Miami, which Charter was duly adopted by the Board of Trustees on January 25, 2008, incorporates amendments to Article VII, Section I, of said Charter. Aileen M. Ugalde Date: January 25, 2008 -21- CERTIFIED EXTRACT OF MINUTES AND CERTIFICATE OF SECRETARY I, the undersigned, Secretary of the UNIVERSITY OF MIAMI, a not for profit corporation duly organized and existing under the laws of the State of Florida, hereby CERTIFY that the attached is a true and correct copy of a certain resolution regarding the Execution of Contracts, Grants and Other Instruments, which was duly adopted by the Executive Committee of the Board of Trustees of said corporation on June 19, 1974, last amended by the Executive Committee of the Board of Trustees on April 14, 2009, and approved by the Board of Trustees on April 24, 2009, and has not subsequently been rescinded or modified. I FURTHER CERTIFY that the persons named below have been duly elected to the offices set out after their respective names and that such persons are the duly authorized incumbents of said office: Donna E. Shalala, President Joseph Natoli, Senior Vice President for Business and Finance Larry Marbert, Vice President for Real Estate and Facilities Diane M. Cook, Vice President and Treasurer IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said corporation this 3rd day of June, 2009, at Coral Gables, Miami -Dade County, Florida. Leslie Dellinger Aceituno Assistant Secretary of the University (Corporate Seal) RESOLUTION RE: EXECUTION OF CONTRACTS, GRANTS AND OTHER INSTRUMENTS WHEREAS, it is provided in the Charter that when the Board of Trustees is not in session, the Executive Committee has the authority to exercise all powers of the Board of Trustees with limited exceptions; and WHEREAS, it is provided in the Bylaws that the prime responsibility of the Executive Committee shall consist of the business affairs of the University; and WHEREAS, business matters within such authority include the execution of agreements, contracts, and other instruments which obligate the University; and WHEREAS,. it is desirable the Executive Committee retain the authority to specifically approve certain agreements, contracts and other instruments prior to execution by officers of the University, but it is impracticable and unnecessary for the Executive Committee to individually pass upon each of such agreements, contracts and other instruments and, in order to facilitate such matters, it is desirable for the Executive Committee to authorize the President -of the University and the Senior Vice President for Business and Finance to enter into contracts and agreements for sponsored programs at overhead rates approved by the University and to authorize the President, the Senior Vice President for Business and Finance, the Vice President and Treasurer, and the Vice President for Real Estate and Facilities to enter into agreements and contracts to conduct business matters; now therefore be it RESOLVED, by the Executive Committee: That the President, Senior Vice President for Business and Finance, the Vice President and Treasurer, and the Vice President for Real Estate and Facilities shall have the authority to execute contracts, agreements, purchase orders and other instruments in their respective area of responsibility which obligate the University except for those matters which require approval of the Executive Committee of the Board of Trustees as set forth in the following paragraph: Any annual contract, agreement or other instrument, except for those involving sponsored programs, which exceeds $5,000,000 in full amount, or exceeds $7.5 million during the term of the agreement. The Senior Vice President for Business and Finance, the Vice President and Treasurer, and the Vice President for Real Estate and Facilities may, with the written authorization of the President, delegate to other University persons, the authority vested in him to sign contracts binding the University, except for those matters which require approval of the Executive Committee of the Board of Trustees. That, in the event of an emergency situation the President or her designee may commit the University to do or perform actions described above without prior authority by first obtaining oral or telephonic authorization from a majority of the total members of the Executive Committee. Matters acted upon after obtaining oral or telephonic authorization shall be submitted to the next meeting of the Executive Committee for confirmation. Resolution Re: Execution of Contracts Grants and Other Instruments Page 2 Reporting Provision The administration shall submit to the Finance Committee written quarterly reports relative to any transaction related to the acquisition of goods or services of $2,000,000 or more, but less than $5 million annually or $7.5 million, regardless of term. The quarterly reports shall address the following: a. A brief description of the contractual product. b. The name of the person, entity or company of the other party, and its principal owner or chief officer. c. The amount of the contract. d. Whether the contract is an extension of a previous one. e. The duration of the contract. f. Whether the contract was contemplated and included in an approved budget. Approved by Executive Committee, Board of Trustees, June 19, 1974 Amended by Executive Committee, Board of Trustees, June 28, 1976 Adopted by Board of Trustees, October 8, 1976 Amended by Executive Committee, Board of Trustees, December 19, 1978 Adopted .by Board of Trustees, January 24, 1979 Amended by Executive Committee, Board of Trustees, September 18, 1979 Adopted by Board of Trustees, September 19, 1979 Amended by Executive Committee, Board of Trustees, October 21, 1980 Adopted by Board of Trustees, November 26, 1980 Amended by Executive Committee, Board of Trustees, December 16, 1980 Adopted by Board of Trustees, January 28, 1981 Amended by Executive Committee, Board of Trustees, November 17, 1981 Adopted by Board of Trustees, November 25, 1981 Amended by Executive Committee, Board of Trustees, April 26, 1984 Adopted by Board of Trustees, April 27, 1984 Amended by Executive Committee, Board of Trustees, May 17, 1988 Adopted by Board of Trustees, October 12, 1988 Amended by Executive Committee, Board of Trustees, November 15, 1988 Adopted by Board of Trustees, December 14, 1988 Amended by Executive Committee, Board of Trustees, April 19, 1994 Adopted by Board of Trustees, April 22, 1994 Amended by Executive Committee, Board of Trustees, August 20, 1996 Adopted by Board of Trustees, October 10, 1996 Amended by Executive Committee, Board of Trustees, February 15, 2000 Adopted by Board of Trustees, April 28, 2000 Amended by Executive Committee, Board of Trustees, October 17, 2001 Adopted by Board of Trustees, November 2, 2001 Amended by Executive Committee, Board of Trustees, December 16, 2003 Adopted by Board of Trustees, January 23, 2004 Amended by Executive Committee, Board of Trustees, April 14, 2009 Adopted by Board of Trustees, April 24, 2009 CITY OFMIAMI ■ DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO '�<p, �•a SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a'lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Maria A. Gralia (First Name) (Middle) (Last Name) I IOME ADDRESS: 830 Pizarro Street (Address Line 1) CITY: Coral Gables ress STATE: Florida ZIP: 33134 HOME PI (3 05) 284-2700 CELLPHONE: (305) 607-7741 FAX: (3 05) 284-5063 EMAIL: mgralia@miami.edu BUSSINESS or APPLICANT or ENTITY NAME University of Miami BUSINESS ADDRESS: 1320 S. Dixie Hwy (Address Line 1) Coral Gables, FL 33146 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Vacation of a right of way, NW 19th Terrace 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? ❑ YES FX-] NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. C. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT Or COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: igna ure Maria A. Gralia Print Name Sworn to and subscribed b(.1bre me this day of Ju Aja 200 . .The foregoing instrument it as acknowledged before ine by 4i'e )14 JZ L i.vho has produced --- as identification and/or is personally knoivv to nye and lvho did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI G 6U,4(. - MY COMMISSION EXPIRES: ;;g1rt+YrvrF�, ANA MARIA MENZIES MY COMMISSION # DD 616366 a• EXPIRES: November 20.1NIQ Na e Enclosure(s) Bonded ihruNotary PublIGUnderwriters Doc. No.:86543 Page 2