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Exhibit
.This instrument prepared by and, when recorded, should be returned to: A. Vicky Garcia -Toledo, Esquire Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, Suite 2300 Miami, Florida 33131 °`cfl PzY /2601// (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS The undersigned owner ("Owner") of the following described real property (the "Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally described as follows: The west 30 feet of Lot 7 and all Lot 8, Block 1 of "Bayonne" Subdivision according to Plat Book 2, Page 35 of the Public Records of Miami -Dade County, Florida Street Address: 2100 Biscayne Boulevard, Miami, FL - and - The west 15 feet of Lot 1 and all Lot 2, Block 9 of "Edgewater" Subdivision according to Plat Book 2, Page 31 of the Public Records of Miami -Dade County, Florida Street Address: 2138 Biscayne Boulevard, Miami, FL IN ORDER TO ASSURE the City of Miami that the representations made by the Owner of the above -described Property at a public hearing on May 26, 2011 regarding the designation of historic buildings at 2100 Biscayne Boulevard, and to ensure that the Owner, its heirs, successors or assigns freely, voluntarily and without duress, proffer a view corridor, Owner makes the following Declaration of Restrictive Covenants ("Declaration") covering and running with the Property: (1) The Owner proffers a view corridor, as described in Exhibit "A" attached and made a part of this Declaration upon its Property to allow the visual enjoyment of the historic designated building located at 2100 Biscayne Boulevard known as the "Blue and White Tower." The view corridor commences at the top of the existing 2 story CBS building established at elevation 32.38 feet (City of Miami Datum) MIAMI 2553184.6 7871531905 5/26/11 09- ©/19917a. — £xhrb6rt- and therefore allows for the construction below such elevation, more specifically as shown and noted in the attached Exhibit "A." The view corridor shall remain unobstructed of permanent structures. (2) Conditions Precedent. This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida only upon, and is expressly conditioned upon, the approval by the City Commission of the City of Miami, and expiration of all applicable appeal periods. (3) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future owner(s) of the Property. (4) Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then owner(s) of the Property or portion thereof provided that the same is also approved by the City of Miami, Florida, after public hearing with written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls as of the date of application. Modification of this Declaration shall require the affirmative approval of a simple majority of the City Commission of the City of Miami. Any modification, amendment or release shall be in a form acceptable to the City Attorney. (5) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants of this Declaration. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (6) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. (7) Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. (8) Recording. This Declaration shall be filed of record by the Owner in the public records of Miami -Dade County, Florida at the cost of the Owner as provided in Section 3 of this Declaration. The Owner shall promptly furnish the Department of Hearing Boards with a recorded copy of this covenant. MIAMI 2553184.6 7871531905 5/26/11 2 0 .: Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE Owner: BACARDI U.S.A., INC. as successor in interest to: Bacardi Imports, Inc. By: Frederick J. Wilson, III Its: Senior Vice President and General Counsel ATTEST: Secretary (Affix Corporate Seal) The foregoing instrument was acknowledged before me this day of 2011 by Frederick J. Wilson, III as Senior Vice President and General Counsel, Bacardi Imports, Inc. who is personally known to me or produced a valid driver's license as identification. My Commission Expires: Notary Public Print Name: MIAMI 2553184.6 7871531905 5/26/11 3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION N.E. 22nd STREET LEGEND: N -DENOTES NORTH, S -DENOTES SOUTH. W -DENOTES WEST. E -DENOTES EAST. -DENOTES CENTERLINE. IAA - DENOTES MONUMENT LINE. P.O.B. -DENOTES POINT OF BEGINNING. P.B. -DENOTES PLAT BOOK. PG. -DENOTES PAGE. tN {NEST FACE OFCB.S WALL N HIGHEST ELEVATION OF BUILDING ROOF 32.38 (City of Miami Datum) (within the Iimita of the view corridor BLOCK (PB.2PC 31) NORTH FACE OFCAS --— -- C cu°ORN� 1 EXS11NG 2 STORY 1 s UPPER FL BUILDING NE 157121/AF ALLEY WALL 34 1 BLOCK (�8.2PG HLSTORICDESIONAT>=D (FOR LEGAL DESCRIPTION SEE SHEET 2) .ss• UPPER BUtLDI UNE NORTH RIGHT-OF-WAYLINE 0 N.E. 21st STREET 0 0 LICENSED BUSINESSNo2439 NO ///// 339.78 EXISTING 2 STORY CBS BLDG. EXISTING 8 STGRY BLDG. L PPER FLOOR .. BUILDING UNE / / - DENOTES LIMITS OF HISTORIC DESIGNATED AREA. LJ 0 45.00' 1V 0 0 0 - DENOTES LIMITS OF VIEW CORRIDOR AREA SHOWN HEREON FOR INFORMATION PURPOSE ONLY. MANUEL G VERA AND ASSOCIATES, INC. ENGINEERS -SURVEYORS & MAPPERS 135159 S. W 476 Sr. MAM1 FLORIDA 33175 PHONE (305) 221-5210 FAX' (305)221-1295 TYPE OF PROJECT: SitETCHTOACCOMPANY LEG&C CESCRPRON PROJECT tWdE BACARDI PROPERTY REVISED: 05,24-20I1 REVISE 70 SHOW AEWCORRDO4 atm O1-2 -2011 DRAW BY: SR SOUS SHEET 1OF2 „K„ ,LIEfIHXH LEGAL DESCRIPTION FOR THE 'HISTORIC DESIGNATED AREA': A PORTION OF LOTS 7, 8, 9, 10, 11 AND 12, LYING WEST OF THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD, ALL IN BLOCK 1 OF "BAYONNE SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, AT PAGE 35, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD WITH THE NORTH RIGHT-OF-WAY LINE OF NE. 21st STREET; THENCE S 89°59'02" W ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID NE. 21st STREET FOR 339.78 FEET TO A POINT OF INTERSECTION WITH THE WEST FACE OF AN EXISTING C.B.S. WALL RUNNING NORTH -SOUTH; THENCE N 00°02'58" W DEPARTING THE PREVIOUSLY DESCRIBED RIGHT-OF-WAY LINE AND ALONG THE WEST FACE OF SAID WALL, FOR 136.95 FEET TO A POINT OF INTERSECTION WITH THE NORTH FACE OF AN EXISTING C.B.S. WALL RUNNING EAST -WEST; THENCE N 89°58'02" E ALONG THE PREVIOUSLY DESCRIBED NORTH FACE OF SAID WALL AND ITS EASTERLY EXTENSION, FOR 342.59 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD; THENCE S 01°07'30" WEST, ALONG THE PREVIOUSLY DESCRIBED RIGHT-OF-WAY LINE, FOR 137.07 FEET TO THE POINT OF BEGINNING. CONTAINING 46,741 SQUARE FEET MORE OR LESS OR 1.07 ACRES. SURVEYOR'S REPORT - BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED MERIDIAN ALONG THE CENTERLINE OF NE 21st STREET, WHICH IS S 89°59'02" W. -THIS IS NOT A BOUNDARY SURVEY THIS IS A SKETCH AND LEGAL DESCRIPTION PREPARED AS PER INSTRUCTIONS GIVEN BY THE CLIENT'S ATTORNEY. -FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE SHEET 1 OF 2. -DIMENSIONS OF THE VIEW CORRIDOR AREA ARE APPROXIMATE AND THEY ARE SHOWN HEREON FOR INFORMATION PURPOSE ONLY, AS REQUESTED BY CLIENT. - ELEVATION SHOWN HEREON IS RELATIVE TO THE CITY OF MIAMI DATUM AND IS BASED ON A BENCH MARK FURNISHED BY THE SURVEYING DEPARTMENT OF CITY OF MIAMI, FLORIDA. - BENCH MARK:PK & Washer SE corner intersection of NE 19 St & 2 Ave ELEVATION: 10.585 (CITY OF MIAMI DATUM). -APPROXIMATE AREA OF VIEW CORRIDOR SHOWN HEREON: 6,389 SQUARE FEET OR 0.15 ACRES. CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION WAS PREPARED UNDER MY DIRECT SUPERVISION AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY NO LEDGE D : LIEF. ANUEL G. VERA ROFESSIONAL SURVEYOR AND MAPPER #2262 STATE OF FLORIDA NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA SURVEYOR AND MAPPER. UCENSED BUSS MESS No2439 MANUEL G VERA AND ASSOCIATES, INC. ENGINEERS -SURVEYORS & MAPPERS 139160S W. 4T', ST. M(AMI, FLORIDA 33115 PHONE (305)221.6210 FAX (305)221-1295 7YREOFPRO. CP SAUDI 7VAX0hFAV LEGeDE TION PRaECTNUE BACARDI PROPERTY REVISED; 0544011 REVISE 70SHOW WM CORRIDOR w1E 01-262011 mower S.N. SCALE 1 80' SYEET 20F2