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HomeMy WebLinkAboutDevelopment AgreementDEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, RICHWOOD, INC., THE MCCLATCHY COMPANY, AND MAEFIELD HOLDINGS, L.L.C. REGARDING CITY SQUARE THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day of , 2010 ("Execution Date") by and between RICHWOOD, INC., a Florida corporation, THE MCCLATCHY COMPANY, a Florida corporation, MAEFIELD HOLDINGS, L.L.C., an Indiana limild liability company rA (collectively, "Developers" or "RMM"), and the CITY OF.;:MI, FLORIDA, a municipal corporation and a political subdivision of the State:'Ibrida ("City"). WITNESSETH: WHEREAS, the Developers are the fee s' a Ib owners or con&ft!..urchasers of approximately 8.24 net acres of land located :a ;>1401 Biscayne 13oulevaM 60 NE 14 Terrace, 1410-1420 North Bayshore Drive, an ;;; 31-145.1.:.: Bayshore Drive within the municipal boundaries of the City and identfy;Tiami-Dade County Tax Folio Nos. 01-3231-011-0160, 01-3231-012-0050, O1-3212-0080, 01-3231-012-0090, 01- 3231-009-0020, 01-3231-054-0010,:(�3�-018-00103;:01-3231-018-0011 ("Property"), the legal descriptions of which are attached eland made; :;.part hereof as Exhibit "A"; and WHEREAS, the. <�<�nmissiorihcted Resolution No. R-06-0483 approving a Major Use Special. :::.. -P-.*. iit fo I*.89 net d es of the Property, known as "City Square Residential," consiskiff of 942 d�vblling unit�13,566 square feet of retail uses and 1,684 parking spaces witlM::a 623:: z " h- h s xt story structure ("City Square Residential MUSP" located at 140 €€=: '`iie o Ie ' 36 E 1 T - .;; A;;. y sad, 0 N 4 errace, and 1410 1420 North Bayshore Drive::("phase t<'cel"); and HEREAS th""City'� hunission adopted Resolution No. R-06-0482 approving a Mi ftyse Special Cit for''G 35 net acres of the Property, known as "City Square Retail'>1sisting of 64*04 square feet of retail uses and 4,052 parking spaces within a 130 foot Ih, five-stor::''tructure ("City Square Retail MUSP") located at 1431-1451 North Bayslia:Drive:(-,`.Phase II Parcel"); and WHEREA `the City of Miami has designated the Property as Transect "76 -36 - Urban Core" on the Miami 21 Zoning Atlas, which permits a mix of uses, including a maximum residential density of 500 dwelling units per acre; and WHEREAS, the permissible bulk regulations, including building disposition, lot coverage, setbacks, floorplates, and height are based on the provisions of Section 5.6 of the Miami 21 Code; and WHEREAS, the City Commission approved and adopted an ordinance amending Chapter 62 of the City of Miami Code of Ordinances creating the criteria, permitting procedure and approval process ("Ordinance") to permit a Media Tower within the Omni Community Redevelopment Area (CRA) ("Omni Media Tower"); and WHEREAS, the Omni CRA includes the Miami Performing Arts Center, a regional arts and entertaimnent resource; WHEREAS, the Omni Media Tower will establish a unique local, regional and national identity within Miami's urban core; strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within Omni CRA; link future growth in the CRA to improved pedestrian circulation and reduced conflict with vehicular traffic; improve the quality of a''`development in the CRA by providing public amenities and visual enhancemei'>%� appropriate locations; enhance the character of the area surrounding the Miami Pe�g..Arts Center ("Miami Performing Arts Center District") to attract tourism, arts`i� entc%nment; promote the exposure of the Miami Performing Arts Center Distrief'-' y adding illiiffilb0on, and visual enhancement, integrating with the cultural and ezat stain ment eleri�ieiiti €=�f the district; provide a source of funds through tax inereimeiit> ancing to be used excl �vely within the CRA for redevelopment related activities^>d serve ,a''focal feature for the CRA and provide a landmark for wayfinding as pedcsansIove away from downtown and the cultural destinations in Museum Park; and WHEREAS, the Developers`i late consfi tng the Omni Media Tower pursuant to the Ordinance within thel' se T- l: and a cl'estrian-oriented, open air, plaza -style retail and service developpt vul%ri"tkase II Parcel ("Project"), as illustrated in Exhibit "B" t<`:,. = = WHEREAS,: l t'Project "poses s lficant infrastructure improvements for the :.:.....: ..... Omni CRA of pdfor a In of I :00 cars, a trolley route and turn -around laza as well as ani obeivat' fiol vrlcll satisfies an infrastructure deficiency and P Y .......: provides a inator_.public'lft; HEREAS``= WHEREAS, the lack of certainty of changes to the City of Miami Zoning Code can result in a waste of economic and land development resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, assurance to the Developers that it may proceed in accordance with existing laws and policies, subject to the conditions of this Development Agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and :..._..- WHEREAS, the Developers and the City desire toesta-sh certain terms and conditions relating to the proposed development of the'>PI.-r pertyMd wish to establish identifiable parameters for future development; and ;:- WHEREAS, the City Commission pursua) `to Resolution No. _ :::.. ,adopted on authorizes the City Mai ex to exee wthis Agreement upon the terms and conditions set forth below, and the Mad uig,:M ers and Board of Directors of the Developers or their parent or controlling entit>Iave authorized the Developers to execute this Agreement upon the tenxt4<and conditions forth below; and NOW, THEREFORE, in cc promises herein set forth, the Devel 1. Recitals. covenants and mutual s are true and correct and are hereby All exhibits to this Agreement are hereby 2..::;;olsideratir' ` The parties hereby agree that the consideration and >_> o7ons re ted and provided for under this Agreement constitute substaYta:bene:to both parties and thus adequate consideration for this "Additional Tenn" any one or more additional tenin(s) approved by mutual consent of the parties pursuant to a public hearing pursuant to Section 163.3225, F.S. (b) "Agreement" means this Chapter 163 Development Agreement between the City and Developers. (c) "Boulevard Shops" means the approximately 21,000 square feet of existing retail and service uses, also known as the Shrine Building, which was designated by the City of Miami as a historic site via HEPB resolution 2003-64 on October 21, 3 2003, and located between Biscayne Boulevard and the proposed Omni Media Tower within the Phase I Parcel. (d) "City" means the City of Miami, a municipal corporation and a political subdivision of the State of Florida, and all departments, agencies and instrumentalities subject to the jurisdiction thereof. (e) "City Square Residential MUSP" is the Major Use Special Permit approved by the City Coimnission:, via Resolution No. R-06-0483 for the property located:! at 1401 Biscayne Boulevard, 360 NE 14 Terrace, and -:141"O-1420 North Bayshore Drive ("Phase I Parcel"),.942 dwelling units, 13,566 square feet of retail ti s and M4 parking spaces within a 623 foot high, sixW", ry structure": "--"',:':"'%.---..... (f) "City Square Retail., P" is the Major Use .Special Permit approved by theCfi omm�isspif via Resolution No. R-06- 0482 for the property`l ate = f 1431-1451 North Bayshore Drive ("Phase II Parcel")€-sisting of consisting of 641,104 square feet tail uses ancl` -.0 parking spaces within a 130 - - a..:,:.... foot High, fnr=sticture. '' _ (g) "Coinprehensi; Plan"° rrie the plan adopted b the Cit p p Y Y :,>_rt to Ch*'. F.S., as found in compliance by the Fl oridepartme;:of Community Affairs e » ac » (h) '` Dep gx _AMM means the persons or entities cc ur rtalci l-''tl4— velo anent of the Property,defined in the g P __ "'R. ramble to this Agreement as Richwood, Inc., a Florida caxation, The McClatchy Company, a Florida corporation, ><_>. and `.. efield Holdings, L.L.C., an Indiana limited liability ompay, or any successors, assigns, or heirs thereof >> ;Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4), F.S. (j) "Development Permit" includes any building permit, zoning or subdivision approval, certification, special exception, warrant, or any other official action of local government having the effect of pennitting the development of land. F. (k) "Effective Date" is the date which is thirty days after a copy of the recorded Agreement received by the State of Florida, Department of Community Affairs. (1) `Entire Tenn" is the total term of this Agreement, combining the Initial Tenn (20 years) and the Additional Tenn, as defined herein. (m) `Execution Date" is the date that all parties have affixed their signatures to this Agreement (s) "Laws" means all ordinances, resolutions, regulations, comprehensive plans, Land Development Regulations, and rules adopted by the City of Miami affecting the development of land, including the Ordinance, in effect as of the Effective Date. (t) "Miami Performing Arts Center District" is the area surrounding the Miami Performing Arts Center, a regional arts and entertainment resource. 5 (u) "Omni Media Tower" is a structure that satisfies the other applicable zoning requirements set forth in Section 62-803 of the Ordinance, and regulations located on the Phase I Parcel adjacent to the existing Boulevard Shops that is comprised of a pedestal element with public parking for a maximum of 1,600 cars and approximately 2,000 square feet of retail or service uses, two tower elements, and a total of five surfaces that will utilize a visual media display system, as perinitted by the Ordinance. (v) "Omni CRA" is the area bounded:`the Florida East Coast Railroad right-of-way on the W.g. �2 ' orortherly right-of-way line of I-395 on the South, the esterlyre of Biscayne Bay on the East and the Southexl 'aright -of -way -a E. 20 Street on the North. _ (w) Ordinance means ft::ordinaue ' nown as the Omni Media Tower Regulations", atldi` Chapter 62 of the City of Miami Code of Ordinar 6 :;':creating the criteria, permitting procedure �h i 'approval proceAMr the Omni Media Tower. "Prdj t" is the Omni Media Tower located within the Phase I arcel `of the Property, and a pedestrian -oriented, open air, alaza-style retail and service development consisting of an ate of retail and service uses of 450,000 square feet as well as public amenities and infrastructure located within Phase = II Parcel of the Property, as illustrated in Exhibit "B". The Developers contemplate continuing the existing uses of the Boulevard Shops within the Phase I Parcel as part of the Project. (aa) "Property" means the Phase I Parcel and the Phase II Parcel, comprised of approximately 8.24 net acres of land located at 1401 Biscayne Boulevard, 360 NE 14 Terrace, 1410-1420 North Bayshore Drive, and 1431-1451 North Bayshore Drive within the Omni CRA and the municipal boundaries of the M City, and identified by Miami -Dade County Tax Folio Nos. 01- 3231-011-0160, 01-3231-012-0050, 01-3231-012-0080, 01- 3231-012-0090, 01-3231-009-0020, 01-3231-054-0010, 01- 3231-018-0010, and O1-3231-018-0011. (bb) "Public facilities" means major capital improvements, including, but not limited to, transportation, transit, sanitary sewer, solid waste, drainage, potable water, educational facilities, parks and recreational, and health systems and facilities for which the City's Comprehusive Plan sets forth required level of service. (cc) "Utility" includes any person, f caration, association or political subdivision, wllethef'= vate, nicipal, county or cooperative, which is enga� l :in the sale, generation, provision .....:.. or delivery of gas, electc"iy, heat, water, oi`l ' wer service, telephone service _::< 1egraph service, radio�'service or ::._:::::: _ telecommunication lice. ......... (dd) "Visual media display syt" means an affixed illuminated display systrr. slig signage''d,any other form of illuminated visual message id. consti�ed_ to display one or more paintings or :.artistic is .. tliat" may be electronic and :. .::c:::::..:::.::.:.:::.:Y_.. colposed of RZttoghs, arrla�tion, or arrangements of color, `tt display::;== -commercial or noncommercial message, relies" the b(1zng for rigid structural support, and are applied; -o the bung or depicted on vinyl, fabric or other sirnil 1 ` e:ble_ ri7 erial that is attached flush or flat against Iiife €::It is `'intent of the Developers and the City that this Agreement shall U.ensu ' and implemented as a development agreement among the partf; pursuant to the Florida Local Government Development Agreemer'Act, Section 163.3220 through 163.3243, F.S., ("Act"), in compliaawith the Ordinance. 5. Effeye Date. Immediately upon approval at two public hearings and exomion by all parties, the City shall record, with recording fees paid by the RMM, the Agreement in the public records of Miami -Dade County and transmit one (1) copy of the recorded Agreement to the State of Florida Department of Community Affairs. This Agreement shall become binding on the Effective Date, which is thirty days subsequent to the State of Florida Department of Community Affairs receives a copy of the recorded Agreement. Notwithstanding the Effective Date provided herein and required by Section 163.3239, F.S., the City and the Developers shall 7 act in good faith to carry out the intent of the Agreement upon the Execution Date.. 6. Tern of Agreement and BindingEffect. ffect. This Agreement shall run with the land, remain in full force and effect, and be binding on all parties and all persons claiming under it for an Initial Tenn of twenty (20) years from the Effective Date, and may be extended for one or more Additional Tenm(s) thereafter by mutual consent of the parties subject to a public hearing pursuant to Section 163.3225, F.S.. Consent to any extension of this Agreement requires approval of both parties to this Agreement. No notice of termination shall be required by either party upp� the expiration of this Agreement and thereafter the parties hereY€€shall have no further obligations under this Agreement. The oblarzs::imposed pursuant to this Agreement upon the parties and upol Propel shall run with and bind the Property as covenants running with the "perty, and this Agreement shall be binding upo1�'nd enforceable by-'. against the parties hereto their personal re sentatives.::. heirs succes s grantees ;... and/or assigns. ......... 7. Expiration of Agreement. Thecation or termination of this Agreement, for what on shall `tbe considered a waiver of, or limitation upon, therights'' ret d ng, but> j c t.: limited to, any claims of vested rights or equitab stoppel t eed dr:::held by the Developers or its successors_: or assigns . ir�;:mplra with this Agreement and all :.. prior and:.s i % . devei ent permits or development orders granted by the,: y, incing, but `dot limited to, those rights granted under the City>t N iami's Ctaznbrehens "::.Plan. 8. Pennitt €pelopinef ` Ies and Intensities. Provided that the City dcpts thedinance in substantially the form as the attached in Exhibit "I'x`fhe. partree as follows: (a) > _I'lzase I Parcel. The Developers shall seek approval(s) to e nstruct the Omni Media Tower on the Phase I Parcel to the permit application process set forth in Sections 62-804 and 62-807 of the Ordinance and Paragraph 10 herein. Pursuant to Section 62-804 of the Ordinance, the pedestal element of the Omni Media Tower shall comply with the zoning regulations that were in effect at the time that the City Square Residential MUSP was approved. The City agrees to toll the City Square Residential MUSP for the Entire Tenn of this Development Agreement and review the Omni Media Tower pursuant to the law applicable at the time of the approval of the MUSP and Section 62.708 of the City Code. The City agrees to process the Developer's Omni Media Tower permit application expeditiously. The Omni Media Tower shall consist of a pedestal element with parking for no more than 1,600 cars and 2,000 square feet of retail and/or service uses, and two (2) tower elements, substantially as shown on Exhibit `B." The Omni Media Tower shall have a maximum height of 500 feet. The Omni Media Tower shall be buffered on the west by the existing Boulevard Shops within the Phase I Parcel as shown on Exhibit `B." The Omni Media Tower shall include a total of five (5) surfaces that will each utilize a visual media display system in compliance with the criteria set forth Section 62-805 of the City of Miami Code.. of Ordinances. All visual media display systems shall be:: tinted as depicted on Exhibit "B" and shall not directly `*e any residential units within 500 feet of the Omni IV 91� Wer. In addition, no portion of the Omni Media To er shall' ;:located within 500 feet of any existing resident7building. (b) Phase II Parcel. ThDevelopers shall seek `xoval(s) to construct a pedestria l oriented,. c ...... i air, plaza -style retail and service development w il.In. t1m. ase II Parcel pursuant to the Miami 21 Code. Retailtlservice uses within the Phase II Parcel shallrestricted to 1e:et in height and the aggregate of all retaiP". e+ Weuses shat of exceed a total of 450,000 - square feet. _ ctlutions tablic Infrastructure and Amenities. The () f _ <€ '`Omni 14 Wia Tovv r;:on the Phase I Parcel shall provide parking _ for no.I s than 1, 0. Q... cars and no more than 1,600 cars to seine -the_ ....Ilerforr Arts District and Omni CRA. In g a.tion, tle--Delo ers shall seek Cit approval for, and p Y PP . = fc lowing approval, shall construct and maintain certain public == ar Ai rities within the Phase II Parcel as illustrated in the attaExhibit "C", including a pedestrian -oriented plaza >vith water features, an observation tower no more than 500 et in height, and a trolley route and turn -around plaza. 9. `` P blic;: vices and Facilities; Concurrency. The City and the Developers a l ? Me that the Property and the Project will be served by those public services and facilities currently in existence as provided by the State of Florida, Miami -Dade County, the City, and as contemplated in this Agreement. The Property and the Project will also be served by any and all public facilities provided in the City's Comprehensive Plan, specifically including but not limited to, those public facilities described in the Comprehensive Plan's Capital Improvements Element. For the purposes of concurrency, the City hereby agrees to provide, reserve, and allocate sufficient public facility capacity, including but not limited to transportation, water, sanitary sewer, solid waste, drainage, parks and 0 recreational, schools, fire and police to serve the development of the Project on the Property, upon payment by the Developers of all appropriate impact fees and any and all local or Miami-Dade County fees associated with such services. All subsequent development orders or permits sought to be issued for the Project and this Agreement must meet concurrency standards set forth in the Comprehensive Plan (concurrency regulations) and be consistent with Land Development Regulations. The Developers must construct the Property in substantial compliance with the City's Laws, Comprehensive Plan and Land Development Regulations in existence as of the Effective Date. Developers shall.be bound by the City impact fees and assessments in existence as of th=ffective Date of this Agreement. al Exceptions; r, sewer, paving and drainage perinits; Lµ.�uing permits; Sign permits; Certificates of use and occupancy; and Any other official action of the City and/or Miami -Dade County, Florida or other applicable regulatory agencies having 10 the effect of permitting the development of land or providing permits required for the development of land. It. Consistency with Comprehensive Plan. The City hereby finds and declares that the Developers' development of the Project on the Property complies with the Laws, ordinances, regulations and policies of the City of Miami, and is consistent with the City's Laws, Comprehensive Plan and Land Development Regulations. 12. Reservation of Development Rights. For the term o-fthis Agreement, the City hereby agrees that it shall permit the Develo'' development of the Property with the Project in accordance with -::::ale Laws of the City of Miami, including the City's Comprehensive.:'€ ''I—'* Land Development Regulations, as of the Effective Date of -j s Agreement, subject to the conditions of this Agreement. The Cite :Laws and po"I Qs governing the development of the Property as of "'Effective Date oats Agreement shall govern the development._the Property for the:::.of this Agreement. Development ofProperty � fh the Project shall not be subject to any future changes to tleI awl: f the City of Miami, including the City's Land Development Rekons and Comprehensive Plan designation after the : E eptiye Date a "A wring the Entire Term of this Agreement. The City y`aIs.bsequertt::adopted laws or policies to the Property only as pei ed or' P.c� zzted,by`�he Act. 13. Zoning awl>t1e:ApprovalT'he parties hereto recognize and agree that ceitaiit:>tovisioil=of this 1reement require the City and its boards, X. depa� tints or a&.""***ies, acting -in their goveimnental capacity, to consider ............ :..:. ................. Bove ental axe:as ,sed: 15. Good Faith; Further Assurances. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of and to satisfy their obligations under this Agreement in order to secure to themselves the mutual benefits created under this Agreement. In that regard, the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the Qity's police power or actions of the City when acting in a quasi-judicial rapacity. 16. Notices. Any notice required or permitte'd'` :b e given under this Agreement shall be in writing and shall. b`eemecl` '::have been given if delivered by hand, sent by a recogniz_gc�: e'ourier (such�&``_ederal Express) or mailed by certified or registerg-ail, return receipt -quested, in a postage prepaid envelope and adciased as follows: M If to the City at: Citi; anager f Miami 34n American Drive >lorida 33133 City of Miami 444 SW 2nd Avenue Suite 945 Miami, Florida 33130 Mr. Mark A. Siffin Maefield Holdings, L.L.C. 250 East 96th Street Suite 580 Indianapolis, Indiana 46240 Jeffiey Bercow, Esq. Bercow Radell & Fernandez, PA 200 South Biscayne Boulevard Suite 850 Miami, Florida 33131 17. Governing Laws, Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Developers and the City agree that Miami -Dade County, Florida is the appropriate venue in connection with any litigation between the parties with respect to this Agreement. All of the parties to this 12 day Agreement have participated filly in the negotiation and preparation hereof; and accordingly, this Agreement shall not be more strictly construed against any of the parties hereto. In construing this Agreement, captions, and section and paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and made a part of, this Agreement. In the event of any litigation between the parties under this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. 18. Severability. In the event that any terin or provisit - of this Agreement is detein7ined by an appropriate judicial authority; `be illegal or otherwise invalid, such provision shall be given its;;:::;€stet legal meaning or construed as deleted as such authority OM izines d_ the remainder of this Agreement shall be construed to b6' full force ai 'effect. 19. Entire Agreement. This Agree�tei�t' sets forth the entire Agement and ::::. understanding betweenthe pasta ereto relating in any way to the subject matter contained herein and mersali for discussions between the ....:.......:..... ................. Developers and the City. Neither pare shall be bound by any agreement, condition, warranty or presentation ote#han as expressly stated in this Agreement and this Aeeiay not l�_Inended or modified except by written instrument sid byb,'zarties lreto. 20. Indemnifid s 'he Devi ' rs shall indemnify and hold harmless the City, ids 'Wected arid appointed officials, employees, agents and assigns froin<d againstiy claiin�`br litigation arising from this Agreement insti .d by tl1j '..................... ::. , the parties have executed this Agreement as of the 13 CITY: ATTEST: CITY OF MIAMI, FLORIDA Priscilla Thompson Tomas P. Regalado City Clerk Mayor 14 '2010 The foregoing instrument 1; 2010, Richwood, hie. produced did execute.. -f -H. -T's"': of — , 2010 e:.,::befc e me this day of ......... ................. ........... ............. as of or" who is personally Iciown to me or has ...... . s identification, and ac1c-iowledged that she ........... 0.1 y and:: -M untarily for the purposes stated herein. Notary Public, State of Florida Print/type name: 15 DEVELOPERS RICHWOOD, INC. WITNESS: By: Signature Name: Title: Print N ame Dat. Signature .......... .......... .......... Print Name .......... ...... .. . . xv .......... .......... .......... .......... .......... STATE OF FLORIDA ......... ........ ... .. ... ... ... ... .......... .............. ....... ......... COUNTY OF MIAMI -DAD. -El" The foregoing instrument 1; 2010, Richwood, hie. produced did execute.. -f -H. -T's"': of — , 2010 e:.,::befc e me this day of ......... ................. ........... ............. as of or" who is personally Iciown to me or has ...... . s identification, and ac1c-iowledged that she ........... 0.1 y and:: -M untarily for the purposes stated herein. Notary Public, State of Florida Print/type name: 15 THE MCCLATCHY COMPANY WITNESS: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrume 2 The McClatchy Company':':..' me or has produced acknowledged that. she did the puiposes_,8. ftbrein. My Commissions Exp���::::_:.. By: _ Name: Title. Datedthis :;._:;day of , 2010 SS. `. > .. IR MAEFIELD HOLDINGS, L.L.C. WITNESS: Signature The foregoing Maefield Holdings, L.L.0 personally lunowit to me or l identificatioiyUlwt:nowl and voluntax'�I v for dMurp, My Bv: Name: Title: Managing Member Dated thi SS. day of , 2010 siowl6de before me this day of as Managing Member of f 4jnited --':"` ity company, who is as she did execute this instrument freely herein. Notary Public, State of Florida Print/type name: 17