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HomeMy WebLinkAboutBack-Up DocumentsINDEMNIFICATION AND HOLD HARMLESS AGREEMENT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (hereinafter "Agreement"), is made and entered into as of this day of , 2024, by and between 200 NE 30TH, LLC, a Delaware Limited Liability Company, Crescent Heights of America, Inc., a Florida Corporation, 2950 NE 2ND, LLC, a Delaware Limited Liability Company, 2930 NE 2ND, LLC, a Delaware Limited Liability Company and OZPC NO. 1 2900 BISCAYNE BLVD, LLC, a Delaware Limited Liability Company (collectively referred to hereinafter as "Owner"), whose address is 2200 Biscayne Boulevard Miami, Florida 33137, and the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter the "City"), whose address is 444 S.W. 2nd Ave, Miami, Florida 33130. WITNESSETH WHEREAS, Owner is the fee simple owner of that certain parcel of land located in Miami -Dade County, Florida, more particularly described in Exhibit "A" attached hereto (hereinafter the "Property"); WHEREAS, Owner plans on redeveloping the Property and has filed a final plat entitled "Biscayne South Assemblage" in connection with T-plat 1952-A (hereinafter the "Plat"), a copy of which is attached as Exhibit "B"; WHEREAS, there is one (1) open Unsafe Structures case (BB2020021865) and one (1) open Code Enforcement case (CE2021023123), (together and collectively the "Cases"), that are either in compliance but fees owed or are unable to be in compliance, within the time needed to obtain final approvals for the Plat application described herein. Because of these delays in compliance the Cases will not be closed in advance of the City Commission ("Commission") meeting to accept the Plat; WHEREAS, Owner has obtained site plan approval for a new mixed use development ("Project") on a portion of the Plat pursuant to Waiver PZ-19-5269, and a Master Building Permit Number BD21-013681-001-B001 to construct the Project. The Cases are not related to the Project other than their location on land covered by the Plat; WHEREAS, Owner is nearing completion of the Project, and without Plat approval and recordation the Project will not be able to obtain Temporary Certificate of Occupancy/Certificate of Occupancy; and WHEREAS, Owner has agreed to execute and deliver this Agreement to the City as part of Owner's request for final approval on the Plat. NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Indemnification. Owner hereby agrees, with and for the benefit of the City, to fully indemnify, defend and hold the City harmless of and from any liabilities or claims brought forth against the City, from and against any orders, judgments or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of ACTIVE 696906914v2 such claim, or in the investigation thereof, arising out of or in connection with the approval of the Plat. Owner fully agrees, without reservation, to satisfy any outstanding liens and proffers a Bond as discussed below to cover the present amounts of the liens. 3. Bond. Owner shall issue a bond in the amount of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), which amount more than covers the outstanding amounts currently incurred on the Cases, to be effective until the Cases are in compliance, and all fees owed to the City are paid in accordance with City processes, including but not limited to mitigation or settlement of any outstanding fees before the appropriate board (i.e., City Commission). 4. Waiver of Jury Trial. Owner and the City hereby waive, to the fullest extent permitted by law, the right to trial by jury in any action, proceeding or counterclaim, whether in contract, tort or otherwise, relating directly or indirectly to any matter arising under this Agreement. 5. Submission to Jurisdiction. With respect to any claim or action arising hereunder, Owner and the City (a) irrevocably submit to the nonexclusive jurisdiction of the courts of the State of Florida and the United States District Court located in the County of Miami -Dade, and appellate courts from any thereof, and (b) irrevocably waive any objection which they may have at any time to the laying on venue of any suit, action or proceedings arising out of or relating to this Agreement brought in any such court, and (c) irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 6. Governing Law. This Agreement shall be deemed to be a contract entered into pursuant to the laws of the State of Florida and shall in all respects be governed, construed, applied and enforced in accordance with the laws of the State of Florida. 7. Heading. Section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 8. Counterparts/Electronic Signature. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. IN WITNESS WHEREOF, Owner has caused these presents to be executed and signed the day and year first above set forth. [SIGNATURE PAGES TO FOLLOW] ACTIVE 696906914v2 Signed, Sealed and Delivered In t e presence of: • First Witness 4 tig - Print Name Print Address City, State and Zip Code /-70-4- Second Witness •Zao'fs� Print Address City, State and Zip Code ,=4 3�r 3? . OZPC NO.. 00 Biscayne Blvd, LLC, a Delaware li r, liabilit •ompany By: Jonathan 1 ewberg, President Crescent Hei is of America, Inc., a Florida corp v ratio By: Jonathan ewberg, Vice President 2950 NE 2ND, lt, Delaware limited liability compa By: Jonathan N vberg, Vice President 2930 NE 2N P, L' C, a Delaware limited liability cot By: Jonatha 'ewberg, Vice President 200 NE 30T , .C, a Delaware limited liability cot By: Jonathan 'ewberg, Vice President ACTIVE 696906914v1 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of Cphysical presence or ❑ online notarization, this /9 of 40 / , 2024, by Jonathan Newberg as President of OZPC NO. 1 2900 Biscayne Blvd, LLC, a Delaware limited liability company and also as Vice President of (i) Crescent Heights of America, Inc., a Florida corporation; (ii) 2950 NE 2ND, LLC, a Delaware limited liability company; (iii) 2930 NE 2ND, LLC, a Delaware limited liability company; and (iv) 200 NE 30TH, LLC. a Delaware limited liability company. Hes personally known to me or 0 has produced as identification and who did (did not) take an oath. Notary Public SXate of Florida Print Name: JU 1 M ft /24 C v My Commission Expires Notary Public State of Florida Rita Militates -Alvarado Rico in My Commission HH 354520 Expires 6/21/2027 ACTIVE 696906914v1 APPROVED: ROBERT SA RNA 1 CODE COIN)'(. ANJ ECTOR ROBERT SANTOS-AL ► A, MA CEP Code Compliance ANN-MARIE SHARPE, DIRECTOR Risk Management APPROVED AS TO FORM AND CORRECTNESS &7<.a) 444 G OR rK. WYS 2' G A/(71/19 City Attorney #24-804 ACTIVE 696906914v2 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: Lot 4, Block 12 of Broadmoor, according to the plat thereof, as recorded in Plat Book 2, at Page 37 of the Public Records of Miami -Dade County, Florida. LESS: The West 10 feet and the External Area of a circular curve, concave to the Southeast, having a radius of 25 feet and tangents which are 35 feet East of and parallel with the centerline of N.E. 2nd Avenue and 35 feet South of and parallel with the centerline of N.E. 30 Street. Parcel 2: Lots 6 and 7, less the East 9 feet thereof, Lots 8, 9, and 10, Block 11, and Lots 2 and 3, Block 12, Broadmoor Subdivision, according to the plat thereof, recorded in Plat Book 2, Page 37, of the Public Records of Miami -Dade County, Florida. Lots 5, Block 11, Broadmoor Subdivision, according to the plat thereof, recorded in Plat Book 2, Page 37, of the Public Records of Miami -Dade County, Florida. Parcel 3: Lot 1, Block 12 of Broadmoor, according to the plat thereof, as recorded in Plat Book 2, Page 37, of the Public Records of Miami -Dade County, Florida. Parcel 4: Parcel I Lots 5 and 6, Block 12, Broadmoor Subdivision, according to the plat thereof, as recorded in Plat Book 2, at Page 37, of the Public Records of Miami -Dade County, Florida. Parcel II As a point of beginning, the Southeast corner of Lot 5 in Block 12, Broadmoor, a Subdivision, according to the plat thereof, as recorded in Plat Book 2, at Page 37 of the Public Records of Miami -Dade County, Florida; thence run North a distance of 52.47' to the Northeast comer of Lot 5, in Block 12, Broadmoor, a subdivision, according to the plat thereof, as recorded in Plat Book 2, at Page 37, of the Public Records of Miami -Dade County, Florida; thence run East a distance of 10' to the Northwest corner of Lot 6, in Block 12, Broadmoor, a subdivision, according to the plat thereof, as recorded in Plat Book 2, at Page 37, of the Public Records of Miami -Dade County, Florida; thence run South a distance of 52.47' to the Southwest comer of Lot 6, in Block 12, Broadmoor, a subdivision, according to the plat thereof, as recorded in Plat Book 2, at Page 37, of the Public Records of Miami -Dade County, Florida; thence run West a distance of 10' to the Point of Beginning Parcel 5: Lot 4, Block 11, of Broadmoor, according to the plat thereof, as recorded in Plat Book 2, Page 37, of the Public Records of Miami -Dade County, Florida. ACTIVE 696906914v2 Parcel 6: The West 46.0 feet of Lot 1, and all of Lots 2 and 3, in Block 11 of Broadmoor, a subdivision, according to the plat thereof, recorded in Plat Book 2 at Page 37, of the Public Records of Miami -Dade County, Florida. Parcel 7: All of Lot 11 and Lot 12, less the East 9 feet thereof, Block 11, of Broadmoor subdivision, according to the plat thereof, as recorded in Plat Book 2, Page 37, Public Records of Miami - Dade County, Florida. Parcel 8: Lot 7 and 8, Block 12, Broadmoor, according to the plat thereof, as recorded in Plat Book 2, Page 37, of the Public Records of Miami -Dade County, Florida. Parcel 9: Lot 9 and 10, Block 12, Broadmoor, according to the plat thereof, as recorded in Plat Book 2, Page 37, of the Public Records of Miami -Dade County, Florida; less and except the West 10 feet of said Lot 9, and the External Area of a Circular Curve, lying in said Lot 9, being concave to the Northeast, having a radius of 15.00 feet, a central angle of 89°58'00", an arc length of 23.55 feet and tangents which are 35 feet East of and parallel with the centerline of NW 2 Avenue and 27.35 feet North of and parallel with the centerline of NW 29 Street TOGETHER WITH PORTIONS OF MULTIPLE 10 FOOT PLATTED PRIVATE ALLEYS IN BLOCKS 11 AND 12 OF BROADMOOR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 37, VACATED AND CLOSED BY CITY OF MIAMI RESOLUTION R-20-0234. ACTIVE 696906914v2 EXHIBIT "B" PLAT ACTIVE 696906914v2 GENERAL LEGEND: I.Awl 0-12 • ■ o ■ o ■ CPP ffq or Ei CPCCID ®or LB 0E0 Gk PRM AERIAL TARGET ALUMINUM LIGHT POST ALUMINUM LIGHT POST (SINGLE) ALUMINUM LIGHT POST (DOUBLE) ALUMINUM LIGHT POST (TRIPLE) ALUMINUM LIGHT POST (QUAD) ANCHOR/GUY WIRE BACKFLOW PREVENTER ASSEMBLY CABLE TELEVISION BOX CATCH BASIN CATCH BASIN F-3 CENTERLINE CHECK VALVE ASSEMBLY COLUMN (CIRCULAR) COLUMN (SQUARE) CONCRETE LIGHT POLE CONCRETE LIGHT POLE (DOUBLE) CONCRETE POWER POLE CONTROL POINT COMMUNICATION PULL BOX CURB INLET DOUBLE DETECTOR CHECK VALVE DRAIN (CIRCULAR OR SQUARE) ELECTRIC BOX (ABOVE GROUND) ELECTRIC PULL BOX (BELOW GROUND) ELECTRIC HAND HOLE ELECTRIC OUTLET ELEVATIONS (SEE NOTES FOR DATUM) FIRE HYDRANT FLAGPOLE FLOW LINE FORCE MAIN MANHOLE FORCE MAIN VALVE F.P.L ELECTRIC MANHOLE F.P.L. FIBER NETWORK F.P.L. TRANSMISSION POLE GAS MANHOLE GAS METER GAS PUMP GAS VALVE GREASE TRAP MANHOLE GROUND LIGHTING GUARD POST IRRIGATION HAND HOLE IRRIGATION VALVE MAILBOX MONITOR WELL MONUMENT LINE P-5 INLET P-6 INLET PARKING METER PEDESTRIAN CROSSING SIGNAL PERMANENT REFERENCE MONUMENT POST INDICATOR VALVE LEGAL DESCRIPT/ON LOT 4, BLOCK 12 OF BROADMOOR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS: THE WEST 10 FEET AND THE EXTERNAL AREA OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 35 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF N.E. 2ND AVENUE AND 35 FEET SOUTH OF AND PARALLEL WITH THE CENTERLINE OF N.E. 30 STREET. AND: LOTS 6 AND 7, LESS THE EAST 9 FEET THEREOF, LOTS 8, 9, AND 10, BLOCK 11, AND LOTS 2 AND 3, BLOCK 12, BROADMOOR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND: LOT 5, BLOCK 11, BROADMOOR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND: LOT 1, BLOCK 12 OF BROADMOOR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND: LOTS 5 AND 6, BLOCK 12, BROADMOOR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND: LOT 4, BLOCK 11, OF BROADMOOR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN GENERAL LEGEND: • AERIAL TARGET O ALUMINUM LIGHT POST m-o ALUMINUM LIGHT POST (SINGLE) a-o-® ALUMINUM LIGHT POST (DOUBLE) ALUMINUM LIGHT POST (TRIPLE) ALUMINUM LIGHT POST (QUAD) lcAlvl 0 • ■ o s o • CPP A iced or El ANCHOR/GUY WIRE BACKFLOW PREVENTER ASSEMBLY CABLE TELEVISION BOX CATCH BASIN CATCH BASIN F-3 CENTERLINE CHECK VALVE ASSEMBLY COLUMN (CIRCULAR) COLUMN (SQUARE) CONCRETE LIGHT POLE CONCRETE LIGHT POLE (DOUBLE) CONCRETE POWER POLE CONTROL POINT COMMUNICATION PULL BOX CURB INLET DOUBLE DETECTOR CHECK VALVE DRAIN (CIRCULAR OR SQUARE) ELECTRIC BOX (ABOVE GROUND) ELECTRIC PULL BOX (BELOW GROUND) ELECTRIC HAND HOLE ELECTRIC OUTLET ELEVATIONS (SEE NOTES FOR DATUM) mo FIRE HYDRANT FLAGPOLE IE FLOW LINE QQ FORCE MAIN MANHOLE FORCE MAIN VALVE 0 F.P.L ELECTRIC MANHOLE ▪ F.P.L. FIBER NETWORK F.P.L. TRANSMISSION POLE • GAS MANHOLE ▪ GAS METER • GAS PUMP x GAS VALVE © GREASE TRAP MANHOLE Ell GROUND LIGHTING • GP GUARD POST IRRIGATION HAND HOLE • IRRIGATION VALVE 1111 MAILBOX • MONITOR WELL MONUMENT LINE P-5 INLET P-6 INLET PARKING METER PEDESTRIAN CROSSING SIGNAL PRM PERMANENT REFERENCE MONUMENT @or 0E0 0 or Of s eE J POST INDICATOR VALVE TREE TABLE Tree Number Scientific Name Common Name DBH Height Canopy Condition TP 1 Roystonea regia Royal palm 15" 30' 18' Moderate 6 2 Roystonea regia Royal palm 12" 35' 18' Moderate 6 3 Gone 4 Gone 5 Bursera simaruba Gumbo limbo 2" 14' 8' Poor 3 6 Schinus terebinthifolius Brazilian pepper 15" 26' 28' Invasive 7 Albizialebbeck Woman'stongue 2" 14' 18' Invasive 8 Swietenia mahagoni Mahogany 2" 14' 16' Poor 3 9 Schinus terebinthifolius Brazilian pepper 10" 15' 40' Invasive 102 Conocarpus erectus Green buttonwood 1" 14' 9' Moderate 3 10b Elaeocarpusdecipiens Japanese blueberry 5" 25' 12' Moderate 4 10c Elaeocarpus decipiens Japanese blueberry 4" 25' 12' Moderate 4 10d Elaeocarpusdecipiens Japanese blueberry 9" 25' 12' Moderate 4 10e Conocarpus erectus Green buttonwood 6" 25' 12' Moderate 4 10f Elaeocarpusdecipiens Japanese blueberry 4" 25' 12' Moderate 4 log Elaeocarpus decipiens Japanese blueberry 9" 25' 12' Moderate 4 10h Elaeocarpusdecipiens Japanese blueberry 11" 25' 12' Moderate 4 10i Elaeocarpus decipiens Japanese blueberry 13" 25' 12' Moderate 4 10j Elaeocarpusdecipiens Japanese blueberry 3" 22' 10' Moderate 4 10k Conocarpus erectus Green buttonwood 5" 22' 10' Moderate 4 101 Elaeocarpus decipiens Japanese blueberry 5" 22' 10' Moderate 4 10m Conocarpus erectus Green buttonwood 4" 22' 10' Moderate 4 10n Elaeocarpus decipiens Japanese blueberry 4" 22' 10' Moderate 4 10o Conocarpus erectus Green buttonwood 8" 25' 12' Moderate 4 10p Elaeocarpus decipiens Japanese blueberry 4" 22' 10' Moderate 4 10q Elaeocarpus decipiens Japanese blueberry 6" 18' 8' Moderate 4 10r Elaeocarpusdecipiens Japanese blueberry 7" 18' 8' Moderate 4 10s Conocarpus erectus Green buttonwood 3" 18' 8' Moderate 4 10t Conocarpus erectus Green buttonwood 2" 16' 8' Moderate 4 10u Conocarpus erectus Green buttonwood 3" 16' 8' Moderate 4 85 Gone 86 Gone 87 Gone 88 Gone 89 Gone 90 Gone 91 Gone 92 Gone 164 Quercus virginiana Live oak 7" 18' 28' Good 8 164a Roystonea regia Royal palm 14" 60' 22' Moderate 8 GENERAL LEGEND: LAN • ■ • cPP ffq qrar IN 0 �Or 1 r 0E0 0 1 FPLP ■ a • GP a cE * PRM CLIg AERIAL TARGET ALUMINUM LIGHT POST ALUMINUM LIGHT POST (SINGLE) ALUMINUM LIGHT POST (DOUBLE) ALUMINUM LIGHT POST (TRIPLE) ALUMINUM LIGHT POST (QUAD) ANCHOR/GUY WIRE BACKFLOW PREVENTER ASSEMBLY CABLE TELEVISION BOX CATCH BASIN CATCH BASIN F-3 CENTERLINE CHECK VALVE ASSEMBLY COLUMN (CIRCULAR) COLUMN (SQUARE) CONCRETE LIGHT POLE CONCRETE LIGHT POLE (DOUBLE) CONCRETE POWER POLE CONTROL POINT COMMUNICATION PULL BOX CURB INLET DOUBLE DETECTOR CHECK VALVE DRAIN (CIRCULAR OR SQUARE) ELECTRIC BOX (ABOVE GROUND) ELECTRIC PULL BOX (BELOW GROUND) ELECTRIC HAND HOLE ELECTRIC OUTLET ELEVATIONS (SEE NOTES FOR DATUM) FIRE HYDRANT FLAGPOLE FLOW LINE FORCE MAIN MANHOLE FORCE MAIN VALVE F.P.L ELECTRIC MANHOLE F.P.L. FIBER NETWORK F.P.L. TRANSMISSION POLE GAS MANHOLE GAS METER GAS PUMP GAS VALVE GREASE TRAP MANHOLE GROUND LIGHTING GUARD POST IRRIGATION HAND HOLE IRRIGATION VALVE MAILBOX MONITOR WELL MONUMENT LINE P-5 INLET P-6 INLET PARKING METER PEDESTRIAN CROSSING SIGNAL PERMANENT REFERENCE MONUMENT POST INDICATOR VALVE o �� RIM=12.05) 1 �y 111' i 1.E=6.55'(S)8 RCP t..,__ `lrf=6.55TE&O-10''TRCP_.. NORTH INVERT PLUGGED .� RIM=11.03' \r • LE..=7.83'(N)12" RCP /.E..=8.05'(SE)12" RCP BOTTOM=7.83' yx co 02 • �a9)/RIM 10.8 /.E. .25' NW)12" RI GENERAL LEGEND: • AERIAL TARGET a ALUMINUM LIGHT POST o -o ALUMINUM LIGHT POST (SINGLE) ALUMINUM LIGHT POST (DOUBLE) ALUMINUM LIGHT POST (TRIPLE) ALUMINUM LIGHT POST (QUAD) ANCHOR/GUY WIRE (0=o=0 BACKFLOW PREVENTER ASSEMBLY CABLE TELEVISION BOX ® CATCH BASIN CATCH BASIN F-3 CENTERLINE it f CHECK VALVE ASSEMBLY • COLUMN (CIRCULAR) ■ COLUMN (SQUARE) o CONCRETE LIGHT POLE 0 ■ 0 CONCRETE LIGHT POLE (DOUBLE) ■ CPP CONCRETE POWER POLE A CONTROL POINT COMMUNICATION PULL BOX or !N CURB INLET ®12 DOUBLE DETECTOR CHECK VALVE ®or DRAIN (CIRCULAR OR SQUARE) ® ELECTRIC BOX (ABOVE GROUND) ELECTRIC PULL BOX (BELOW GROUND) QQ ELECTRIC HAND HOLE #Eo ELECTRIC OUTLET or co, ELEVATIONS (SEE NOTES FOR DATUM) FIRE HYDRANT FLAGPOLE 1 FLOW LINE • FORCE MAIN MANHOLE FORCE MAIN VALVE • F.P.L ELECTRIC MANHOLE • F.P.L. FIBER NETWORK TIP F.P.L. TRANSMISSION POLE O• GAS MANHOLE GAS METER • GAS PUMP D4 GAS VALVE © GREASE TRAP MANHOLE GROUND LIGHTING • GP GUARD POST Qi IRRIGATION HAND HOLE QQ IRRIGATION VALVE MAILBOX • MONITOR WELL • MONUMENT LINE P-5 INLET AM P-6 INLET Qp PARKING METER cg PEDESTRIAN CROSSING SIGNAL �PRM PERMANENT REFERENCE MONUMENT Cep POST INDICATOR VALVE ANCHOR/GUY WIRE BACKFLOW PREVENTER ASSEMBLY CABLE TELEVISION BOX ® CATCH BASIN CATCH BASIN F-3 CENTERLINE 01-0) CHECK VALVE ASSEMBLY • COLUMN (CIRCULAR) ■ COLUMN (SQUARE) CONCRETE LIGHT POLE CONCRETE LIGHT POLE (DOUBLE) ■ CPP CONCRETE POWER POLE ® CONTROL POINT COMMUNICATION PULL BOX IP or El CURB INLET C DOUBLE DETECTOR CHECK VALVE ®or 1 DRAIN (CIRCULAR OR SQUARE) ® ELECTRIC BOX (ABOVE GROUND) ELECTRIC PULL BOX (BELOW GROUND) ELECTRIC HAND HOLE #EO ELECTRIC OUTLET GENERAL LEGEND: • AERIAL TARGET ALUMINUM LIGHT POST ALUMINUM LIGHT POST (SINGLE) ALUMINUM LIGHT POST (DOUBLE) ALUMINUM LIGHT POST (TRIPLE) ALUMINUM LIGHT POST (QUAD) AT Pd +,9 or 7 ELEVATIONS (SEE NOTES FOR DATUM) 4181) FIRE HYDRANT P FLAGPOLE IE FLOW LINE • FORCE MAIN MANHOLE FORCE MAIN VALVE • F.P.L ELECTRIC MANHOLE • F.P.L. FIBER NETWORK Fir F.P.L. TRANSMISSION POLE O GAS MANHOLE • GAS METER • GAS PUMP • GAS VALVE © GREASE TRAP MANHOLE Q1 GROUND LIGHTING • GP GUARD POST IRRIGATION HAND HOLE • IRR/GA770N VALVE MAILBOX ® MONITOR WELL MONUMENT LINE P-5 INLET P-6 INLET PARKING METER cg PEDESTRIAN CROSSING SIGNAL OPRM PERMANENT REFERENCE MONUMENT cg POST INDICATOR VALVE SURETY BOND BOND NUMBER: 0234974 KNOW ALL MEN BY THESE PRESENTS, that we 200 NE 30TH, LLC, a Delaware Limited Liability Company, Crescent Heights of America, Inc., a Florida Corporation, 2950 NE 2ND, LLC, a Delaware Limited Liability Company, 2930 NE 2ND, LLC, a Delaware Limited Liability Company and OZPC NO. 12900 BISCAYNE BLVD, LLC, a Delaware Limited Liability Company as Principal, and the Berkley Insurance Company, with its principal office at 475 Steamboat Road, Greenwich, CT 06830 as Surety, are held firmly bound unto City of Miami, 444 SW 2nd Avenue, Miami, FL 33130, hereinafter called Obligee, in the penal sum of Three Hundred and Fifty Thousand Dollars and 00/100, ($350,000.00) (the `Bond Amount") for the payment of which well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into an Indemnification and Hold Harmless Agreement (the "Agreement") with the Obligee, dated in conjunction with fees incurred for Code and Building cases (BB2020021865 and CE2021023123) (the "Cases"). The Bond Amount more than covers the outstanding amounts currently incurred on the Cases and owed to the Obligee, and ensures that such fees are paid in accordance with City of Miami processes, including mitigation or settlement of any outstanding fees before the appropriate board (Le., City Commission). NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That the above Principal shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such Cases, which said breach or non-compliance shall occur during the term of this bond. PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and PROVIDED, FURTHER, that regardless of the number of years this bond shall continue or be continued in force and of the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond; and PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty (30) days' notice in writing to said Obligee. Signed and sealed this 22nd day of April, 2024. [Signatures to this Surety Bond on Following Pages] ACTIVE 697458288v1 PRINCIPAL OZPC NO. 1 ..'0' Biscayne Blvd, LLC, a Delaware limited liabi: y -ompa By: Jonatha a berg, President Crescent He•.ht of America, Inc., a Florida corporatio By: Jonathanewberg, Vice President 2950 NE 2 •, C, a Delaware limited liability company By: Jonath Newerg, Vice President 2930 NE 2ND,,LLC a Delaware limited liability company By: Jonathan evbgrg, Vice President 200 NE 30TH, LLC,fa Delaware limited liability company By: Jonathan Newberg, Vice President ACTIVE 697458288v1 PRINCIPAL OZPC NO. 1 2900 Biscayne Blvd, LLC, a Delaware limited liability company By: Jonathan Newberg, President Crescent Heights of America, Inc., a Florida corporation By: Jonathan Newberg, Vice President 2950 NE 2ND, LLC, a Delaware limited liability company By: Jonathan Newberg, Vice President 2930 NE 2ND, LLC, a Delaware limited liability company By: Jonathan Newberg, Vice President 200 NE 30TH, LLC, a Delaware limited liability company By: Jonathan Newberg, Vice President SLIRETV Berkley Insurance Company By: Name: Natalie K. Trofimof Title: Attorney -in -Fact ACTIVE 697458288v1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of Los Angeles ) ss ) On Alf 2 2 ?din , before me, Patricia Arana, Notary Public, personally appeared Natalie K. Trofimoff , who proved to me on the basis of satisfactory evidence to be the person{} whose name{} is{a-Fe subscribed to the within instrument and acknowledged to me that he7Lshel-t#eyf executed the same in his/her/ authorized capacity{ics), and that by his/her/their signature4 on the instrument the person{&, or the entity upon behalf of which the person(-0 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) PATRCIA ARANA Notary Public - California Los Angeles County Commission 2401773 my Comm. Expires Apr 23, 2026 Signature: Patric rana, Notary Public respectively, ofBerkley Insurance Company. MAR f P rof➢ iC CONNECTICUT MY CQMMtSS1oN EXPIRES APHIL 30.2024 No. BI-8053c-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charlene K. Nakamura; Edgar S. Albrecht, Jr.; Lisa L. Thornton; Maria Pena; Noemi Quiroz; Timothy M. Tomko; Patricia S. Arana; Natalie K. Trofimoff; or Jeffrey Strassner of Alllant Insurance Services, Inc. of Los Angeles, CA its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to,.be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 26th day of March 2020 Attest Berk1 4y Insurance Company By Ira S Lederman Executive Vice President & Secretary STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRF'XELD ) Sworn to before me, a Notary Public in the State of Connecticut, this 26 h day of March 2020 , by Ira S. Lederman and Jeffrey M. Ham who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President, AbiC- Lary Public, State ofConnecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY; DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and-drat-tl authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of ow/ coed, is in full force and effect as of this date. A PR' 2 2 der my hand and seal of the Company, this day of Vincent P. Forte