HomeMy WebLinkAboutExhibit 1This document prepared by:
Iris Escarra, Esq.
Greenberg Traurig 1221
Brickell Avenue
22nd Floor
Miami, FL 33131
AMENDMENT NO. 1
TO LICENSE AGREEMENT
THIS AMENDMENT TO THAT LICENSE AGREEMENT, ("AMENDMENT"), is made
and entered into this day of MAY, 2011 (the "Effective Date") by and between
BRICKELL FLATIRON LLC, a Florida limited liability company, its successors, heirs and assigns
("OWNER/DEVELOPER"), and the CITY OF MIAMI, FLORIDA, a municipal corporation of the
State of Florida, in the County of Miami -Dade ("CITY") (the OWNER/DEVELOPER and the CITY
are sometimes hereinafter collectively referred to as the "PARTIES"):
WHEREAS, the City of Miami City Commission by Resolution No. 10-0044 entered into a
Park License Agreement ("LICENSE") to allow a public park on private land to be located on a
portion of the PROJECT PROPERTY, specifically the 8,900 Square Feet depicted and described in
Exhibit B to the LICENSE ("PARK LAND");
WHEREAS, the PROJECT PROPERTY as described by the License is the subject of a
Major Use Special Permit approved by City of Miami Resolution No. R-06-0400, as same may be
modified from time to time (collectively, "RESOLUTION"), which authorizes certain development
to occur on the PROJECT PROPERTY, said development being hereinafter referred to as the
"PROJECT"; and
WHEREAS, the CITY and OWNER desire to enter into this AMENDMENT in order to
clarify additional items contemplated by the LICENSE; and
NOW THEREFORE, in consideration of the premises and the mutual covenants, conditions
and agreements contained herein, the OWNER/DEVELOPER and the CITY do hereby agree as
follows:
1.
reference.
The Recitals set forth above are true and correct and are incorporated herein by
2. That a Letter of Understanding dated May 24, 2011, by and between
OWNER/DEVELOPER and Mr. Steven Perricone, on behalf of La Cucina Management, Inc.,
clarifies the responsibilities of the maintenance of the park located at 20 SE 10th Street, see attached
Exhibit "A."
3. That Resolution No. 10-0044 contains a proffer by the OWNER/DEVELOPER to
contribute thirty-five thousand dollars ($35,000) towards the costs of the City Park located at 1814
Brickell Avenue. To date, OWNER/DEVELOPER has contributed in good faith twenty -
MIA 181,887,021v1
six thousand seven hundred and 20 cents ($26,700.20) as evidenced by the attached receipts and
copies of checks paid to Enea Garden Design. OWNERIDEVELOPER shall continue to make such
payments until the agreed amount of $35,000 is met. OWNER/DEVELOPER shall provide the
Director of Asset .Management with copies of the upcoming receipts and payments. At which time,
compliance with this requirement shall be satisfied.
4. That the development of a public park on private land requires that
OWNER/DEVELOPER obtain a building permit in accordance with the City Code to install the
improvements required in the LICENSE. As part of the CITY'S commitment to providing more
public parks to its residents and due to the fact that the PARK LAND is being used as a free public
park with no fees charged to City residents, the CITY and OWNER/DEVELOPER acknowledge
that portions of the Building Permit Fees shall be deferred. Furthermore, the Building Permit fees
being deferred are customary fees charged to a business park, which is not applicable to this
LICENSE. The deferral of the below described building permit fees shall run until such time as a
building permit for the PROJECT is obtained, or in the event of the expiration of the approval of the
PROJECT, a building permit for a new development on PARK LAND. The deferral of such fees are
limited to the following:
(a) Solid Waste Surcharge
(b) Zoning Impact Fees
5. Preparation of this AMENDMENT has been a joint effort of the parties and the resulting
document shall not, solely as a matter of interpretation or judicial construction, be construed more
severely against one of the parties more than the other.
[signature page follows]
MIA 181,887,021v2
Page 2 of 4
MIA 181, 887, 021 v3
Signed, Sealed and Delivered in the
Presence of:
Print Name:
Address:
OWNER/DEVELOPER
BRICKELL FLATIRON, a Florida limited
liability company
Name:
Title:
Print Name:
Address:
STATE OF FLORIDA COUNTY OF MIAMI-DADE
) SS
The foregoing
instrument was
acknowledged before me this day of
MAY, 2011, by , as
the of BRICKELL FLATIRON, LLC, a Delaware limited liability company,
on behalf of such company; such person ( ) is personally known to me or ( )
presented as identification.
By:
NOTARY PUBLIC STATE OF FLORIDA
Print Name:
Commission No.:
Commission Expires:
[SEAL]
MIA 181,887,021v4
Page 3 of 4
MIA 181, 887, 021 v5
Approved as to Legal Form:
Julie O. Bru, City Attorney
Signed, Sealed and Delivered in the CITY OF MIAMI
Presence of:
By: Johnny Martinez., City Manager
Print Name:
Address:
PrintName:
Address:
STATE OF FLORIDA COUNTY OF MIAMI-DADE
)
The foregoing , ) SS
instrument wasacknowleaged before me this day of , 2011, by Tony (
behalf of such City; such person ( ) is personally known to me or ( ) presented
as identification.
NOTARY PUBLIC STATE OF FLORIDA
Print Name:
Commission No.:
Commission Expires:
[SEAL]
Page 4 of 4
MIA 181, 887, 021 v6
GreenbergTraurig
Iris V Escarra
Tei (305) 579-0737
Fax. (305) 961-5737
escarraicr_bgclaw.com
May 24, 2011
Madeline Valdes, Director
City of Miami / Department of Public FaCilities
444 S,W. 2nd Avenue, Ste. 325
Miami, Florida 33130
Re: Pork License Agreement- Brickell Flatiron - City of Miami Resolution 10-0044
Dear Madeline:
In accordance with City of Miami Resolution 10-00L4, attached please find the
following documents, for your records:
(1) Copy of Resolution 10-0044;
(2) Original Executed Park License Agreement with Exhibits:
(3) Original First Amendment to the Park License Agreement;
(4) Copies offeceipts in the amount of $26;700.20 towards
the ,$35,00.0 contribution proffered by Resolution 10-0044; and
(5) Copy of receipt in the arnount of $100 paid to the City of
Miami for the City's check cancelling- f ee.
Upon finalization and execution by the City Manager, we ask that .0 fully
executed copy by returned to my attention. Should you have any questions, please
feel free lo coillacl me at (305) 579-0737 or email me at escaiTciirggtlaw.com. thank
you very much for your time and ossistance on this matter.
li i i -1
'incere y, j
,,,"
own, , , , ‘ i
, .) .),- "
iris V. Escarra
Enclosyre
cc: Victoria Mendez, Esq., City Attorney's (Mice
Vanessa Acosta, Building Department
V./Miami Placensia, District 2 Office
Peter Kendrick, Public Faclities Departn lent
Mallory Kauderer, Brickell Flatiron LLC
MIA 181,897,792v1 5-24-11
GREEr43CPL iAriRKFA.g ATTORNEYS PI LAVvlivvW.GTLAw.COtii
.33.3 .A.v,..=.mie of the Arnerica $Wite 4400 t•k-ip.,.4 3313!,E5.233. P.rfi 5,05.'379SY:.if)() Fa,-..3.05 579.0717
City of Miami
Legislation
Resolution: R-1 0-0044
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
1 ilc :Number: 09-014155n
Final Action Date: 1/28/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTEA LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY" AS LICENSEE) AND BRICKELL FLATIRON LLC ("OWNER/DEVELOPER"
AS LICENSOR), FOR THE USE OF APPROXIMATELY 8,900 SQUARE FEET OF
LAND, DESCRIBED IN'EXHIBITA,"ATTACHED AND INCORPORATED, OWNED
BY OWNER/DEVELOPER,:HOLDING AN APPROVED MAJOR USE SPECIAL
PERMIT PURSUANT TO RESOLUTION NO. 06-0400, ADOPTED JUNE 22, 2006,
AND LOCATED AT 1121 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR THE
CITY TO OPERATE A PASSIVE PUBLIC PARK (TO BE NAMED "POINTE PARK"),
INCLUDING IMPROVEMENTS AND MAINTENANCE TO SAID PARK; AND
ADDITIONALLY TO PROVIDE FOR THE MAINTENANCE OF THE CITY'S ALLEN
MORRIS PARK, LOCATED AT 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA;
AND TO PROVIDE A CONTRIBUTION OF THE AMOUNT OF $35,000, TO A NEW
PARK LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA, IN
FURTHERANCE OF THE CITY'S OPEN SPACE INITIATIVES AND IN LIGHT OF
THE OWNER/DEVELOPER'S REQUEST FOR EXTENSION OF SAID
RESOLUTION NO. 06-0400, AND MODIFICATION OF OTHER SUBORDINATE
APPROVALS.
WHEREAS, the City of Miami ("City") is committed to providing more parks for Its citizens; and
WHEREAS, BRICKELL FLATIRON LLC ("Owner/Developer" as Licensor) is the owner of
property located at approximately 1121 South Miami Avenue, Miami, Florida ("Property"); and
WHEREAS, in light of the Owner/Developer's extension. of time for the Major Use Special
Permit ("MUSP") approved pursuant to Resolution No. 06-0400, adopted June 22, 2006, and any
amendments made to Resolution No. 06-0400 since then, the Owner/Developer is willing to
execute a License Agreement ("Agreement") with the. City for the use of approximately 8,900
square feet of land, described in "Exhibit A'', attached and incorporates, in the Property belonging
to the Owner/Developer, to be used as a,passive park, to be named Pointe Park, including park
improvements and maintenance to said Pointe Park, and additionally the Owner/Developer will
provide maintenance of the City's Allen Morris Park, located at 20.Southeast 10 Street, Miami,
Florida, and make a contribution to a new District park located at approximately, 1814 Brickell
Avenue, Miami, .Florida, in the amount of $35,000; and
WHEREAS, the City will exchange the public purpose conditions required in the subordinate
Street Closure approval pursuant to Resolution No. 06-0088, adopted February 9, 2006, for the
use of approximately 8,900 square feet of land, described in said " Exhibit A", in the Property
belonging to the Owner/Developer, to be used as a passive park, to be named Pointe Park,
including park improvements and maintenance to said Pointe Park, and additionally the
City of Miami
Page I oft File .fit 119-I1.14S.Sa (Version: 1) Printed On: 5116l2011
File Number 09-01455a
Owner/Developer will provide maintenance of the City's Allen Morris Park, located at 20 Enactment
umber: R-10-0044
Southeast 10 Street, ;Miami, Florida and make a contribution to a new District 2 park located at
approximately, 1814. Brickeil Avenue, Miami, Florida; in the amount of $35,000; and
WHEREAS, the use of the approximately 8,900 square feet of land as a passive park would be
in the best interest of the community and a furtherance of the City's Open Space initiatives; and
WHEREAS, the City and Owner/Developer desire and intend to enter into an Agreement for
said purposes as described herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF IvlIAMN,
FLORIDA:
Section 1. The recitals.and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section,.
Section 2. The City Manager is authorized {1} to execute an Agreement, in substantially
the attached form, between the City and the Owner/Developer for the Owner/Developer to provide
the City with: 1) the use of approximately 8,900 square feet of land, described in "Exhibit A",
attached and incorporated; in the Property belonging to the Owner/Developer, as a passive park,
to be named Pointe Park, including park improvements and maintenance to said Pointe Park, 2)
maintenance of the City's Allen Morris Park, located at 20 Southeast 10 Street, Miami, Florida,
and 3) a contribution to a new District 2 park located at approximately, 1814 BrickellAvenue,
Miami, Florida, in the amount of $35,000. The passive park use at Pointe Park commences from
the effective date of the Agreement to until such time as the Agreement sets forth , in exchange for
an extension to the MUSP approved pursuant to Resolution No: 06-0400, until June 22, 2014 and
a change of the public purpose conditionspursuant to Resolution No. 06-0088 for the conditions
stated herein,
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2)
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
Page 2.of 2 File fd: 09-01455a(Yersian: ]) Primed On: 5/16/2011
This document .prepared by
and alter recordation rei.urn to:
Escan-ft, Esq.
(30enherg Tkatirig
1221 Briekell. Avenue
22" Floor
N1 him i, FL 33131
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, ("AGREEMENT"), is made and entered into this
day Of APRIL, 2010 (the "Effective Date") by and between BRICKELL FLATIRON LLC, a
Florida limited liability company, its successors, heirs and assiens ("OWNERIDEVE,T,OPER"),
and the CITY OF MIAMI, FLORIDA, a municipal corporation of the. State of Florida, in the
County of Miami -Dade ("CITY") (the OWNER/DEVELOPER and the City are sometimes
hereinafter collectively referred to as the "PARTIES"):
RECITALS
WHEREAS, OWNER/DEVELOPER is the owner .of the real property described in
Exhibit A attached .hereto and ;incorporated herein by reference (.P.ROJECT 'PROPERTY"); and.
WHEREAS, the PROJECT .PROPERTY is the subject of City of Miami Resolution No.
R-06-0400, as same may be modified from time to time (collectively, "RESOLUTION"), which
authorizes certain development to occur on the PROJECT PROPERTY, said development being
hereinafter referred to as the "PROTECT"; and
WIfEREAS.theCJTY desires to use a portion of the PROJECT PROPERTY for passive
park as depicted in Exhibit "B" ("LICENSED PROPE:RTY") ; and
WHEREAS, thc OWNER/DEVELOPER shall also maintain the City Park located at 20
SE le Street, Miami, Florida (ALLEN MORRIS PARK) as described in Exhibit "C"; and
.WE-TEREAS. OWNER/DEVELOPER desires certain commitments and assurances from
the CITY„as to OWNER/DEVELOPERS rights to develop and use the PROJECT PROPERTY;
NOW THEREFGRE., in cottsideratinn of the premises and the :niutuEd covenants,
conditions :and agreements contained herein, the OWNER/DEVELOPER and the CITY do
hereby agree as ;follows:
1. The Recitals set forth above are true and correct and are incorporated 'herein by
reference.
2 ON\NER/DP-VELOPER agrees the CITY shall have an exclusive license to
utilize the LICENSE) PROPERTY for the exclusive purpose of passive park use until such
time as, ,Shp FARTIE4 agree to terminate this AGREEMENT. The use shall begin within fifteen
(15) days of the completion of the park improvements ("LICENSE"). Such
IMPROVEMENTS, as attached herein as Exhibit "IV shall be completed no later than Six (6)
monthsfrom the Effective Date of this Agreement. The term of the LICENSE may be extended
with agreement of the PARTIES. The term "LICENSE TER,M," as used in this AGREEMENT,
shall mean the LICENSE TERM which shall continue on an annual basis until such time as the
AGREEMENT is terminated_ OWNER/DEVELOPER shall have the right, upon giving not
less than one hundred and twenty (120) days prior written notice to the CITY, to terminate the
LICENSE. The CITY shall have the right, upon giving not less than one hundred and twenty
(120) days prior written. notice to the OWNER/DEVELOPER, to terminate the LICENSE at
any time.
3. The. CITY shall honor the OWNER/DEVELOPER's rights to develop the
PROJECT in accordance with applicable laws. The OWNER/DEVELOPER shall have a stay of
time of their present MUSP approvals. as may be amended, during the term of this LICENSE,
therefore during the effective dates of this LICENSE TERM the MUSP and any amendments
thereto, shall not accrue time or expire. This LICENSE does not effect the MUSP rights
authorized by the City of Miami Zoning Code of Ordinances, as amended. Any MUSP
extensions permitted at the time of the execution of this AGREEMENT would be applicable at
the termination of the LICENSE TERM, including two (2) additional twenty-four (24) month
extensions permitted under Zoning Ordinance 11000 and Miami 21
4. All rights and privileges under this AGREEMENT shall be honored from the
EFFECTIVE DATE to when (i) the LICENSE TERM.expires or the LICENSE AGREEMENT
is terminated in accordance With the terms of this AGREEMENT or (ii) the date the CITY
returns complete possession and control of the LICENSED PROPERTY to the
OWNER/DEVELOPER. Upon termination or expiration of the LICENSE TERM the
PARTIES shall execute, in a recordable form, a Notice of Termination of this AGREEMENT,
Which shall be recorded in the Public Records of Miami -Dade County, Florida. The CITY
agrees that, unless requested by the OWNER/DEVELOPER, during the time of the LICENSE
TERM pursuant to this AGREEMENT: (a) the CITY shall take no action, legislatively or
otherwise, to modify the PROJECT and (b) no modification of City Zoning Ordinance No.
11000, or modification or adoption of arty other ordinance or regulation. that shall negatively
impact the ability of the OWNER/DEVELOPER to develop the PROJECT, except as would be
approved under a substantial modification submitted by OWNER/DEVELOPER.
5. During the LICENSE TERM and so long as the arY has possession or control
of the LICENSED PROPERTY, the OWNER/DEVELOPER shall maintain the LICENSED
PROPERTY in a clean, safe, and orderly condition and it shall not allow any nuisance to occur
upon the LICENSED PROPERTY. The OWNER/DEVELOPERshall be responsible for the
payment of all reasonable costs of maintenance and all reasonable costs pertaining to the use of
the LICENSED PROPERTY, including, but not limited to, the cost of security, electricity.,
water, sewer; and any other utilities. Notwithstanding any other provision of this
AGREEMENT, the OWNERIDEVELOPER shall retain the right to enter and inspect the
LICENSED PROPERTYat any time to: (a) determine that this AGREEMENT is being
complied with by the':Cfrffrand (b) to conduct any surveys, tests and sampling (including the
taking of ground core sarniAS) related to future development on the LICENSED PROPERTY
(cumulativety:1)5URVEYING AND TESTING"), without, however, interfering, obstructing, or
diminishing theCITY's use of the' LICENSED PROPERTY_ The OWNER/DEVELOPER will
Page 2 of 10
provide the CITY with not less than 48 hours written notice of its intent to conduct
SURVEYING AND TESTING on .the LICENSED PROPERTY and after completing the
SURVEYING AND TESTING will restore said property to the condition itwas in prior to the
SURVEYING AND "IESTING.
h. Any improvements to the LICENSED PROPERTY during the LICENSE TERM
shall be at the sole cost and expense of the OWNER/DEVELOPER, as set forth in Exhibit "D"
attached hereto and incorporated herein, by reference. The OWNER/DEVEELOP:ER's
improvements to the LICENSED PROPERTY shall .be limited to the installationof furniture.
fountains, lighting, and landscaping (collectively, "IMPROVEMENTS"), unless otherwise.
agreed to in writing by the OWNER/DEVELOPER. Upon the expiration, or earlier termination.
of the LICENSE TERM, and all IMPROVEMENTS on the property shall remain the sole
property of the OWNER/DEVELOPER and the CITY shall have no claim of right to such
IMPROVEMENTS.
7. OWNER/DEVELOPER OPER shall be responsible for the payment of ad valorem,
property taxes, sales, use or any other :taxes or governmental levies on the LICENSED
PROPERTY and the PROJECT PROPERTY during the LICENSE TERM.
OWNER/DEVELOPER retains the right to challenge the amount of any tax assessment
imposed upon the LICENSED PROPERTY. The sole and exclusive use of the LICENCED
PROPERTY during the LICENSE TERM shall be for a passive public park. CITY, through the
City Manager, shall. assist. OWNER/.DEVELOPER, as may be reasonably needed, i.n assisting
OWNER/DEVELOPER LOPIER with its petition to Miami -Dade County Property Tax Collector in
assuring the Tax. Collector of the PROPERTY's limited use.
8. The City agrees to indemnify and hold harmless the OWNER/DEVELOPER to
the extent and within the limitations of :Section 7.68.28 F.la. Stat., and subject to the provisions
of that Statute, whereby the City- shall not beheld liable to pa} a bodily :injury or property
damage claim or .judgment by any one person that exceeds $100,000, or any claim or judgments
or portions thereof; that:, when totaled with all other occurrences; exceeds $200,000, from any
bodily and all personal injury or property damage claims, .liabilities; losses and causes of action
arising from the :same claim which may arise solely as a result of the negligence of the City in
connection with its rights -and obligations tinder this AGREEMENT. The City retains all rights
and sovereign immunity defenses available to it under Section 768.28, L'la. Stat.,and this
provision does not alter the city's sovereign immunity nor extend the City's liability beyond
that estabiished in Section 768.28, Fla. Stat. Nothing herein shal] be deemed to indemnify the
OWNER/DEVELO.PER .or any third party from any .liability or claim arising out of the
negligent performance or failure of performance of the OWNER/DEVELOPER or its
employees, agents, servants, .partners, principals or subcontractors, or any unrelated third party.
The OWN.ERIDEVELOPE R. expressly "understands andagrees that any insurance protection
required by this AGREEMENT or otherwise. provided by the iClTY shall not broaden or enlarge
the ditty, to indemnify beyond the express limitations of this section, nor does it apply to any
other damages, claims, liabilities, losses and causes of action, except as herein. provided.
9. The"OWNER/DEVELOPER does hereby agrees to indemnify and hold harmless
the Git3 ,its off4ici lst roployees, agents and assigns from and against any and all claims,
darriages, losses, and causes of action, resulting, in bodily injury anal/or property damage claim,
Page of10
arising solely out of the negligence Of the• OWNERIDEVELOPER, its employees, agents and
any- contractors hired by the OWNER/DEVELOPER, directly' in.connection to the .PROPERTY
or its duties as the OWNER and as the -.DEVELOPER. of the PROPERTY.
10. The OWNER/DEVELOPER agrees to carry and keep in full force and effect at
all times during the LICENSE TERM, a commercial general liabilitypolicy with limits of at
least $2,000,000 per occurrence, $4,000,000 total policy aggregate affording coverage for
bodily injury and property damage, including death in connection to this agreement.as well as,
but not .limited to, all claims contemplated in sections '8' and '9' contemplated; supra, . The
certificate of :insurancc must include and protect against premises and operations liability,
contingent and contractual exposures, products and completed operations andpersonal injury
and.advertising liavility.. In the event of a loss, the OWN[:R/DEVELOPER•shall be responsible
for payment of any and all applicable policy deductibles, associated with the ,loss .. The
coverage must be placed with an insurance carrier authorized to • do business in the State of
I"lorida:The insurance carrier issuing the insurance policy must be rated no less than (A-) as to
managernent, and no less than class (V) as to its :financial strength by the last edition of Best
lnriirance Guide, or its equivalent, and such policy or certificate of_insurance must be approved
by Risk Management. The OWNER/DEVELOPER shall provide a certificate of insurance
naming the CITY as an "Additional:Insured'' with respect to general liability. The certificate
must be supplied to the satisfaction of the CI'IIY, and must be approved by Risk Management
prior to cornmencement of the .L.IC.ENSE. All certificates of insurance shall provide at least (30)
days advance written notice Of any. material: changes, except for (10) days cancellation: in the
event of non payment of premium. The City shall have the right to terminate this LICENSE
AGREEMENT if OWNER/DEVELOPER fails to comply with the insurance requirements
contained herein: Notice oftermination must be in whiting giving (10) days to the appropriate
party as listed hereine The insurance policy shall be paid for by'OWNER/DEVELOPER.
II. The OWNER/DEVELOPER further agrees to maintain. the City's ALLEN
MORRlS PARK located at 20 SE loth Street. Miami; Florida described in Exhibit "C" in
conjunction with the maintenanceof the LICENSED PROPERTY. The OWNER/DEVELOPER
shall maintain. the ALLEN MOIt.RI.S PARK. . Maintenance for both parks includes the
placement of all waste into the City provided waste receptacles, proper landscaping and
irrigation, the preservation of thepark's appearance; cleaning and repairing the parks furniture,
lighting, landscape upkeep and mowing, and all other necessary park functions The City will be
responsible for regular waste 'pick up of the City receptacles.
12. The individuals executing this AGREEMENT each represent that he or she is
fully authorized by law to bind the party for whom such individual is executing the
AGREEMENT.
13. An action to enforce this AGREEMENT may .be brought by either Party in law or
in equity, and each party in any such litigation shall bear its own costs. The bringing of a claim
shall not be deemed to he an election of remedies or the waiver of any other claim or remedy.
14: Any notice; regUest, demand, approval or consent given, or required to be given,.
under this AGR.CEMLNT; shall be in writing and shall be deerned as having been given when
mailed hy''Uhated ttateS fegi fercd or certified mail (return receipt requested), postage paid, to.
Page 4 of 10
the other parties.at the addresses stated below or at the .last changed address given by the party to
.be notified as hereinafter specified:
OWNER/DEVELOPER:
CITY:
BRICKELL FLATIRON,
a Florida limited liability company
c/o Iris Escarra, Esq.
Greenberg '1'raurig
1221 Brickell Avenue, 231i FI
Miami, .Florida 33131
City Manager
City of .Miami
3500 Pan American Drive
Miami, Florida 33133
15. If any Obligation of either party pursuant to this AGREEMENT, or the application
of any obligation of either party to any entity, person, o.r circumstance (''.PARTICULAR
APPLICATION") shall, to any extent be invalid or unenforceable, the OWNER/DEVELOPER
or the CITY, as applicable, shall have the right either to declare the. entire AGREEMENT and the
LICENSE terminated or to declare. that :the AGREEMENT and the LICENSE shall remain in full
force and effect with the exception of the invalid or unenforceable :term or provision or
PARTICULAR APPLICATION. If the :notifying party (i:e. OWNER/DEVELOPER or the
CITY, as applicable) elects for. the AGREEMENT to remain in effect pursuant to the provisions
of this paragraph_ then the remainder of this AGREEMENT, or the application of such term or
provision to any entity, person, or circumstance :other than the PARTICULAR APPLICATION,
shall not be affected thereby, and each term and provision of this AGREEMENT shall be
otherwise valid ,and enforceable to the fullest extent permitted by law.
16. It is expressly understood and agreed by the. PARTIES that this AGREEMENT
shall be a covenant running with the title to the LICENSED PROPERTY and,additionally, shall
be binding upon the CITY .and the OWNER/DEVELOPER, and also upon their heirs,
successors -in -interest, and assigns, and any conveyance or other instrument affecting the title to
the albresaid LICENSED PROPERTY shall :be subject to the terms of this AGREEMENT:
17 This .AGREEMENT constitutes the entire AGREEMENT between the parties
with respect to thesubject matter hereof and supersedes all prior agreements, understandings and
arrangements, both oral and written, between the parties with respect thereto,
18. This AGREEMENT shall be construed in accordance with, and governed by, the
laws of the State of Florida: ,Venue ',for all actions under this AGREEMENT shall be in Miami -
Dade County, Florida.
Page 5.o1: 10
19. OWNER/DEVELOPER represents and warrants that there shall be no unlawful
discrimination as provided by federal, state or local law, in connection with its performance
under this AGREEMENT.
20. Preparation of this AGREEMENT has been a joint effort of the parties and the
-resulting document shall not, solely as a matter of interpretation or judicial construction, be
construed more severely against one of the parties more than the other.
21. This AGREEMENT may not be assigned, transferred, sold, pledged or
encumbered by the OWNER/DEVELOPER without agreement -by the CITY.
signature page follows]
Page 6 of 10
Signed, Sealed and Delivered in the
Presence of:
Print Narne:e,',.fri ryr0 a) ft R C4' Nikki C
Address7iHr60(//rer /t1 BY:
Nam /1/0,e.z„.,51/Lc)
/Mari -Lc: eea-e./1 /t(,) Title: A-00d Atc--\ivt.&YL.
OWNER/DEVELOPER
BRICKELL FLATIRON, a Florida limited
liability company
Print Name: 0 .572e-rnsoki
Address: a Ot 4rMr (yoctfrei
rYi/a rrsi l&caa..ii, FL. 43 .3 140
STATE OF FLORIDA
COUNTY OF MIAM1-DADE
) SS
re/
The foregoing instrument was acknowledged before me this Z>)-:.-1 day of
20 I 0_ by /1/4 4L. HA,/ EIS
the of BRICKELL FLATIRON, LLC, a Delaware limited liability company,
on behalf of such company; such person (
presented as identification.
1
) is personally known to me or
No rARY PUBLIC STA`FE OF FLORIDA
Print Name: VIA' :_042-41/-,9
Commission No.: As-T.67,
Commission Expires: 7,07O
[SEAL]
Page 7 of 10
Npt4P1 Ptititia glAta et %rid
, V R Davis
*r My Commission DD586727
Expires 08/20/2010
Approved as to Legal Form:
Julie O. Bru, City Attorney
Approved as to insurance Requirem.ents:
Lee Ann Brehm, Risk Manager
Page 8 Qf 10
Signed, Sealed and Delivered in the CITY OF .1'4IA.MT
Presence of:
Print Name:
Address:
Print Name:
Address:
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
By:
Carlos Migoya, City Manager
The foregoing instrument was acknowledged before me this day of
, 20.10, by Carlos Migova, the City Manager of Miarni, on
behalf of such City; such person ( ) is personally known to me or ( ) presented
as identification.
Alt r+ -..
NOTARY PUBLIC STATE OF FLORIDA
Print Name:
Commission No,:
Commission Expires:
[SEAL]
Page 9 of 10
r.
Exhibit "A"
LEGAL DESCRIPTION
TRACT A 61Rrc aL FLATIROw. ACCP404/46 10 TUE PLAT Tr1ERE0P, AS RECORDED W PLAT ErX}K 169, PAGE 64, Or
Pt/jC RECORDS Dr uuao-CAD: COUNTY, Ft0W4.
t>
•"'"•te;;.',i'•,•"i•j1`,74
•
I' '4 •":;
............
•
MIAMI BEACH BOTANICAL GARDEN - MIAMI BEACH, FL
let! side lop to bottom
PLANTING EXAMPLE - NATIVE PLANTING BUFFER
ty the WI
SOHO HOUSE- MIAMI BEACH, FL
below
BRICKELL FLAT IRON WilAMI, FL
below t o quick concept lot temporary' use of
the ole umItuclion commencement
: .... TEMPORARY PARKING
[
•'•• 50 SPACES MAN
BRICKELL FLAT IRON - PROJECT PRECEDENCE
STONE W/ LAWN HARDSCAPE
PLAZA AREA
•
WOOD DECKING AROUND
EXPINGITREES
LAWN W/ STONE
• HARDSCAPE/ PLAZA AREA
ADDITIONAL LARGE SHADE TREES •
THAT ARE EASILY TRANSPLANTABLE
EXHIBIT "C"
L EGAL DESCRIPTION
LOT 1, BLOCX 7J, SOUTH CITY OF ML4Mi, ACCORDING TO 7HE PLAT THEREOF RECORDED 1N PLAT BOOK 71" AT PAGE
41 OF THE PU&JC :RECORDS OF 040E COUNTY, FLORIO4.
LESS AND EXCEPTING THEREFROM THE SOTLTH 14 FEET ANO THE WEST 84..14 FEET THEREOF. CONTAINING AN ARE4
or 3.000 SOUARE > FET MORE OR. LESS.
ALL LYWG AND BEING W SECTION J9, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF LA M1, Al14. -OADE COUNTY,
FLORILLI
EXHIBIT ".1)"
PARK IMPROVEMENTS
The following improvements are a minimum of what shall be designed and submitted for
approval to the District .Commissioner and the Parks Director, prior to construction:
1. Six (6) Benches
2. Walkways
3. Native species landscaping
4. Irrigation
5. Lighting
6.. Minimum of twenty (20) trees to be installed with a minimum of 2 inch diameter
and 12 feet in height pursuant to Article 8.1. Tree Protection in Zoning Ordinance 17000.
-Page 10 of 10
City of Miami
Legislation
Resolution: R-10-0044
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-01455a Final Action Date: 1/28t2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY" AS LICENSEE) AND BRICKELL FLATIRON LLC ("OWNER/DEVELOPER"
AS LICENSOR), FOR THE USE OF APPROXIMATELY 8,900 SQUARE FEET OF
LAND, DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, OWNED
BY OWNER/DEVELOPER, HOLDING AN APPROVED MAJOR USE SPECIAL
PERMIT PURSUANT TO RESOLUTION NO. 06-0400, ADOPTED JUNE 22, 2006,
AND LOCATED AT 1121 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR THE
CITY TO OPERATE A PASSIVE PUBLIC PARK (TO BE NAMED "POINTE PARK"),
INCLUDING IMPROVEMENTS AND MAINTENANCE TO SAID PARK; AND
ADDITIONALLY TO PROVIDE FOR THE MAINTENANCE OF THE CITY'S ALLEN
MORRIS PARK, LOCATED AT 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA;
AND TO PROVIDE A CONTRIBUTION OF THE AMOUNT OF $35,000, TO A NEW
PARK LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA, IN
FURTHERANCE OF THE CITY'S OPEN SPACE INITIATIVES AND IN LIGHT OF
THE OWNER/DEVELOPER'S REQUEST FOR EXTENSION OF SAID
RESOLUTION NO. 06-0400, AND MODIFICATION OF OTHER SUBORDINATE
APPROVALS.
WHEREAS, the City of Miami ("City") is committed to providing more parks for its citizens; and
WHEREAS, BRICKELL FLATIRON LLC ("Owner/Developer" as Licensor) is the owner of
property located at approximately 1121 South Miami Avenue, Miami, Florida ("Property"); and
WHEREAS, in light of the Owner/Developer's extension of time for the Major Use Special
Permit ("MUSP") approved pursuant to Resolution No. 06-0400, adopted June 22, 2006, and any
amendments made to Resolution No. 06-0400 since then, the Owner/Developer is willing to
execute a License Agreement ("Agreement") with the City for the use of approximately 8,900
square feet of land, described in "Exhibit A", attached and incorporated, in the Property
belonging to the Owner/Developer, to be used as a passive park, to be named Pointe Park,
including park improvements and maintenance to said Pointe Park, and additionally the
Owner/Developer will provide maintenance of the City's Allen Morris Park, located at 20
Southeast 10 Street, Miami, Florida, and make a contribution to a new District 2 park located at
approximately, 1814 Brickell Avenue, Miami, Florida, .in the amount of $35,000; and
WHEREAS, the City will.exehange the public purpose conditions required in the subordinate
Street Closure approval pursuant to Resolution No. 06-0088, adopted February 9, 2006, for the
use of appr irnately8;900 squaae feet of land; described in said "Exhibit A"; in the Property
belonging to the Ownerioeveloper, to be used .as:a passive park, to be named Pointe Park,
ci y of Miami
Page .1 of 2 File Id: 09-01455a (Version: 1) Printed On: 4/19/2010
File Number. 09-01455a
Enactment Number: R-10-0044
including park improvements and maintenance to said Pointe Park, and additionally the
Owner/Developerwill,provide maintenance of. the City's Allen Morris Park, located at 20
Southeast 10 Street, Miami, Florida and make a contribution to a new District 2 park located at
approximately, 1814Brickell Avenue, Miami, Florida, in the amount of $35,000; and
WHEREAS, the use of the approximately 8,900 square feet of land as a passive park would
be in the best interest of the community and a furtherance of the City's Open Space initiatives;
and
WHEREAS, the City and Owner/Developer desire and intend to enter into an Agreement for
said purposes as described herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute an Agreement, in substantially
the attached form, between the City and the Owner/Developer for the Owner/Developer to
provide the City with: 1) the use of approximately 8,900 square feet of land, described in "Exhibit
A", attached and incorporated, in the Property belonging to the Owner/Developer, as a passive
park, to be named Pointe Park, including park improvements and maintenance to said Pointe
Park, 2) maintenance of the City's Alien Morris Park, located at 20 Southeast 10 Street, Miami,
Florida, and 3) a contribution to a new District 2 park located at approximately, 1814 Brickeil
Avenue, Miami, Florida,: in the amount of $35,000. The passive park use at Pointe Park
commences from the effective date of the Agreement to until such time as the Agreement sets
forth, in exchange for an extension to the MUSP approved pursuant to Resolution No. 06-0400,
until June 22, 2014:and a change of the public purpose conditions pursuant to Resolution No.
06-0088 for the conditions stated herein.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {2)
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions,
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
CYty of Allard
Page 2 of 2 file ld: 09-01455a, (Version: 1) Printed On: 4/1912010
Exhibit A"
LEGAL DESCRIPTION
PARCEL • •
•
• LOTS 3; 4, 5, . AND 6, BLOCK 7.3 SOUTHA4,4f?OF MIAMI, ACCORDING TO THE PLAT
EI?ECIc, AS RETO,ti'LlgD /N PLAT 80,CK 8P,WE 41, PLIBLIC 9ECOR,D5 OF 4/44tP-L0E
COUNTY, FLORIDA.
- •
'TOGE7HER WITH;
PARCL1 2 •
or ax,t- 87 Se2fir&,THE ircsi• FEU Fli'CREOF;.--14,4AP .OF
ACCORDING to THE •PLAT THEREOF,- AS RECORDED, IN PLAT •BOOK '8, PAGE 41, PUBLIC-,.., •
RE-c0R0.5 or. MIAMI-I:DADE cduNry,-F-LoRroA.• ALSO -.DESCRIBED AS ALL OF BLOCK 87; LESS
THE WEST FIVE FEET THEREOF, OF SOUTH, CITY OF MIAMI, ACCORDING. TO, THE PLAT- THEREOF ..
••
RECORDED IN PLAT 800K "kr, •AT PAGE 41, OF . -THE PUsuc RECORDS OF MIAMI,-DADE •
COUNTY," FLORIDA. . . ' . - - • - '
• ,
ALSO TOGETHER WITH; . ' ' • ' - •
. •
THE' SOUTH 14 FEET OF LOT. 1;, LESS THE VEST 4,5 FEET THEREOF, .AND ALL OF LO,T12,
. LESS THE WEST 5 FEET". THEREOF, MAP OF MIAMI, ACCORDING ro THE PLAT THEREOF, AS
. RECORDED PLAT BOOK B, PAGE 41, PUBLIC RECORDS OF MIAMI:-DADE COUNTY:, FLORIDA '
• •
. . • • ' . . - .
THE WEST 84.14 FEET or LOT 1, LESS AND EXCEPTING ..THEREFROM THE WEST 5 fEETANO
THE SOUTH 14 FEET OF THE EAST 39.14 -FEET; ALL IN',E3LOCK 73, SOUTH, MAP OE MIAMI,
ACCORDING TO THE PLAT THEREOF AS RECORDED PL4T BOOK- 8, PAGE 41,- PUBLIC
RECORDS OF MIAMI -:DADE COUNTY, - FLORIDA,- - I • ".• •
'Ll LESS _AIVO EXCEPT HE ,LAND COWEY:EO: TO THE CITY' OF MIAM' 13Y- THE WARRANTY °EEO .
1:, RECORDED. IN OFF7CIAL. RECORDS BOOK 12923, PAGE 2201, PUBLIC RECORDS OF MIAMI-DADE,
COUNTY, FLORIDA,' DESCRIBED AS FOLLOWS:
THAT PORT7ON OF LOT 1; .e.t.peK 735, A.L. kNOWLTON. PLAT OF' MIAMI, ACCORDING' TO THE
, .. , , •
PLAT THEREOF, AS RECORDED IN -PEAT BOOK • E3, PAGE 41,• OF THE PUBLIC RECORDS OF .
'DADE COUNTY, FLORIDA,' EIEING MORE.PARTICULARLY DESCRIBED AS FOLLOWS: ' • -.• .- . , .
THE EXTERNAL AREA OF' A C'IRCULAR CURVE HAVING A .RADILIS OF 10 FEET' AND TANGENTS ..•.
13'HICH ARE 30 FEET EA-ST' OF AND PARALLEL•WITH THE CENTD?1.1NE OF SOUTH MAW AVEIVOE
AND 25 FEET SOUTH OF AND PARALLEL WITH THE CENTERLINE OF S.E. .10th STREET..
1 rt
"A"1 of 2
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LEGAL DESCRIPTION
TOGERTO
4LXISTING RIGHT or WAr.7-19' SE :CLOSEO AND VACATED
THAT PORTION OF 5 E, 1 17-14 STREET LYING BETWEEN BLOCK 73 SOUTH AND BLOCK
87 SoutH, MAP. OF ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
. BOOK 6 AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA LYING
AND BEING IN , THE CITY OF: MIAMI, MIAMI-DADE- COUNTY, FLORIDA, BEING MORE
PARTICULARLY oEscliyeEo AS FOLLOWS
- •
BEGIN. AT A- POINT -5.0 FEET D5T . OF THE- NORTHWESTERLY CORNER. OF BLOCK 87,
SOUTH; ;THENCE :NORTH 89- DEGREES 47 MINUTES ,1 7 SECONDS FAST ALONG THE
NORTH LINE OF SAID ?Loci( 87 ;SOUTH FOR 72.33 FEET TO A POINT ON THE
1,-VESTERLY. LINE OF S. E. 1ST AVENUE; THENCE'. NORTH 15DEGREES 00 MINUTES 00
SECONDS _EAST ALONG THE NORTHEASTERLY EXTENSION OF 77-1E WESTERLY
RIGHT-OF-WAY _ONE OF 5, E 1ST AVENUE FOR' 51:81 FEET. TO THE SOUTHEASTERLY
CORNER OF THE AFOREMENTIONED BLOCK .73 SOUTH 1 THENCE 'SOUTH 89 DEGREES
47 MINLJTES: 17. SECONDS, WEST ALONG THE SOUTH LINE OF 'THE SAIO BLOCK 73
SOUTH' FOR 86.0.9 ;FEET -TO. A 'POINT 5.00 :FEET EAST OF THE: EAST. RIGHT-OF-WAr
LINE FOR SOUTH MIAMI AVENUE; -THENCE SOUTH" 00 DEGREES 13 :MINUTES- 15
SECONDS EAST ALONG' A. LINE 3000 'FEET CAST OF AND PARALLEL WITH - THE
CENTERLINE OF SOUTH MIAMI 'AVENUE FOR 5000 FEET TO THE POINT OF ,BEGINNING:
. .
- . .
•
- . .
ALL LYING .AND BEING IN SECTION 32, TOWNSHIP -54 SOUTH,. ,RANGE :41 EAST, CITY
OF MIAMI,. MIAMI-DADE COUNTY, FLORIDA
"A'' 2 of 2
;3,RICKPL,A
ACORD. COMMERCIAL GENERAL LIABILITY SECTION
607-4000
UST Ins,..1.cance LLC-CL
t-kas Cypress Creek 4600
LaUder:dale, FL "33309
Cslt) 3,5E% COOL,.
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This document prepared by:
Iris Esearrd, Esq,
Oreenbeq., Trattrig
1221 Brick -ell Avenue
22"' floor
tvliami, FL 33131
AMENDMENT NO. 1
TO LICENSE AGREEMENT
THIS AMENDMENT TO THAT LICENSE AGREEMENT, ("AMENDMENT"), is
made and entered into this dav of MAY, 2011 (the "Effective Date) by and between
BR1CKELL FLATIRON LLC. a Florida limited liability company, its successors. heirs and
assigns ("OWNER/DEVEL(JPER"), and the CITY OE MIAMI. FLORIDA, a municipal
corporation of the State of Florida, in the County of Miami -Dade ("( ITY") (the
OWNER/DEVELOPER and the CITY art sometimes hereinEder collectively refened to as the
"PARTIES"):
WHEREAS. the City of Miami City Commission by Resolution No. 10-0044 entered into
a Park License Agreement (-LICENSE') to allow a public park on private land to be located on
a portion of the PROJECT PROPERTY, specifically the 8.900 Square Feet depicted and
described in Exhibit 13 to the LICENSE ("PARK LAND-);
WHEREAS,. the PROJECT PROPERTY as described by the License is the. subject of a
Major Use Special Permit approved .by City of Miami Resolution No. R-06-0400, .as same may
be modified '.from time to time (collectively, "RESOLUTION"), which authorizes certain
development to occuron the PROJECT PROPERTY, said development being 'hereinafter
referred to .as the "PROJECT: and
WI IEREAS, the CITY and OWNER desire to enter into this AMENDV1ENT in order to
clarify additional items contemplated by the LICENSE; Enid
NOW THEREFORE, in consideration of the premises and the mutual covenants,
conditions Enid agreenients contained herein, .the °AVNER/DEVELOPER Ettici the CITY do
hereby agree as follows:
1. The Recitals set forth above are true and correct and 'are incorporated herein by
reference.
2. That a Letter of Understanding dated May 24, 2011, by and between
OWNER/DEVELOPER and Mr. Steven Perricone, on behalf of La Cueina Management, Inc,
clarifies the responsibilities of the Maintenance of the park located at 20 SE 10'1' Streel. see
attached Exhibit "A.-
.3. That Resolution No. 10-0044 contains a proffer by the OWNER/DEVELOPER to
contribute thirty-five thousand dollars ($35,000) towards the costs of the City 'Park located at
1.814 BrickelI.Avenue. To date, .OWNER/DEVELOPER has contributed in good faith :twenty --
MIA 181,887,021v1
six thousand seven hundred and 20 cents ($26,700.20) as evidenced by the attached receipts and
copies of (:leas paid to :Lne .:Ciarden Design. o\ NE.R'DL VE:LOPER shall continue to make
such :payments1i.t.il the agreed amount of:. 35.>000 is'met. O N:ER/.D VFLOPER shall provide
the Director.of .Asset Management with copies of the upeommg receipts and payments. At which
time, compliance with this requireniertt steal' be satisfied.
4. That the development of a public pack on private- land requires that
OWNER/DEVELOPER obtain a building permit in accordance with the -City Code to install the
improvements. required in the.:LICENS:E. ,As part of the CITY S commitment 'to providing more.
public parks to its residents and due to the fact that the PARK LAND is being used as a'free
public park with no fees charged to City re-sidents. the CITY and OWNER/DEVELOPER
acknowledge that portions of the Building Permit Fees shall be deferred.. Furthermore, the
Building, Permit feces-heini deferred. Are- cns`t:nmary fees charged to -a business park, vthich is not -
applicable to this LICENSE. The deferral of the below described building permit fees- shall run
until such time as a building permit for the PROJECT is obtained, or in the -event of the
expiration of the approval of the -PROJECT, a building permit fbr a new development on PARK
LAND. The deferral of such fees are limited to the :following:
(a).Solid Waste Surcharge
(b Zoni ng. Impact Fees
�i. Preparation of this AMENDMENT .has been .a joint effort of the parties and the
resulting document shall not, solely as a matter of interpretation or judicial construction, be
construed more severely against one of the parties -Mole than the other.
[signature -pa e:1bltows]
Page 2 of 4
MIA 181.,887,021v1
Signed, Sealed and Delivered in the
Presence• of:
Print Name:
Address:
Print Name:
Address:
STATE OF FLORIDA
) S$
COUNTY OE MIAMT-DADE
OWNERIDEVE1;OPII1Z
BR1CKELL FLATIRON, a Florida limited
liabi lit), company
By:
Name:
Title:
The :foregoing instrument was acknowledged before me this day of
MAY, 2011, by _ as
the of BRICKELL FLATIRON, LLC, a Delaware limited liability company.
on behalf of such: company; such :person ) is personally known to me or
presented as identification.
NOTARY PUBLIC STATE .OF 'FLORIDA
Prim Name::
Commis'siOR No.:
Commission .Expires:
[SEAL]
Page 3 of 4
MIA 161.:867,021til
Approved as to .Legal Form:
Julie O.Bill. Ci> Attorney
Signed, Sealed and /dyycd R theCITY OF HAMI
Presence of:
Print 3 a e:
Address:
Print.Name:
Address:
STATE.FFLORIDA
COUNTY OF\l -D )E
)
)SS
)
B2
Tony C a\ Jr., City Ma.mwer
The .foregoing instrument was acknowledged.b re me this dam
.2011.by Toy! g:,ƒDCi Nianager .of M/m£eQ
'behalf of sR City; such person. ( )s personally known W me or ( ) e nted
as identification.
NOTARY PUBLIC STATE OF FLORIDA.
Print Name:
Commi io No.;
.Commis on Expires
ISEAL]
Pa: 4 of 4
MIA q%#z21a
LETTER OF UNDERSTANDING
This Letter of Understanding is by and between Brickell Flatiron, LLC, a
Florida Limited Liability Corporation (Brickell Flatiron) and La Cucina Management,
Inc., d/b/a Perricones's Marketplace, Inc. (Perricone's), an organization
incorporated under the laws of the State of Florida.
WHEREAS, :Brickell Flatiron is the owner of property located at 1001 South
Miami Avenue abutting the Allen Morris Park located at 20 and 25 SE 10th Street.
. WHEREAS, Perricone's is the owner of property located at 15 SE 10th Street
abutting the Allen Morris Park located at 20 and 25 SE 10th Street.
IT IS THEREFORE AGREED AS FOLLOWS:
That this Letter of Understanding will set forth the general Agreement by and
between Brickell Flatiron and Perricone's as to the terms and conditions that shall
hereinafter be set forth between the two companies.
1. Perricone's :will be responsible for the maintenance of the landscaping
within the Allen Morris Park following the execution of the License
Agreement between Brickell Flatiron and the City of Miami, pursuant to City
of Miami Resolution. No. R-06-0400.
2. Brickell Flatiron will be responsible for the maintenance of the furniture,,
lighting and trash removal within the Allen Morris Park following the
execution of the LicenseAgreementbetween l3.rickell. Flatiron and the City of
Miami, pursuant to City of Miami Resolution No. R-06.0400.
It is understood .between the two parties that this agreement will remain in.
effect until such time as the .License Agreement between Brickell Flatiron and the
City of Miami, pursuant to Resolution No. R-06-0400 is terminated by mutual
agreementof both Brickell Flatiron and City of Miami.
Signed and Agreed to by the parties on this day of May, 2011.
Brickell Flatiron, LLC
7
- -Mr. Mallory F. Kauderer
Managing Member
Perricone's Marketplace, inc.
(Mn Steven J. Perricone
�P esident
Erickull Fltiron LLC
Transaction Detail By Accotint
Januar;1, 2010 throw* May 10, 2011
77/ff 1).:!M Nmil Wino SrIui AG,GUnt B14,,
Jrj.r',2)1•722i;
f?'.::-.,f;;;
!LIU; l';;!;;!1: !.•
',;o::•5
:..1,522 40
20 7i2:";.2,2
25,700.20 25,700.20
l'i49c 1 el
E•nen C Ocni.gr,
?:aelynfl H.::ra:".vrJ {rvitn'4 i•;4sirti: -
City of iMierr
Commissioner. Marc Sarnof.
3500 Para Anlarjl'.an Dive
Miami, Florida 33133
r},i2r,ti, O' .O?.201C ? CMO
R:tf: 1814 8ric-ke11-?ark
Dt-ia-r Commissioner S'xri 3 f.
With feferr'rc to y Ur meei nc"ori April
1ii with Ms. Ccrefiric'1• ivxontefro, we are ;;]..._S, f.fier you ;lc
3 ,rcJell Design propo . )) based on the Landscape rchiteci tsccpE of e,,orl.:
Scope of•';WJnrk:
-he scope <f'ktiort;.i 1c'tf•'ie the i_-2f;t Gc pe'Concep!uu::ri �ICSC^tI, ;;s' sl DL•'J•�I4f+n�8t'1) „'L ConstruCicn
Dn " t f lit fn'r ;ti It: cca ed on 167 7 E,ickcil, tlll'_irni - FL.
SS(.topo
..1. ~cope ;i S-'.'_r^ll{:: s:
1..1.1' Slip. Anal +51S t ialsc
a) Ide. t'tfy existing site conditions rind features (views, Scrrenin f4, ofl . ^^.f1.`iithms, sri rs.. eW . )
) Photo, uocurnente ion of tanie tton s
Confirm general location of available atiliCi s
d.) Review apelicahle ; overnmerttal requ;remenl , including.zonino, ordinances and permit
req_.irernents
'Ad`Jise the Client of iests.and SLir'JGVS (Soti ana45is, t.Dpograt)'i^•iC survey. utiFty sor.fav and/or
ororerty bound .y survey) that n1av be fegt ft3:'.
gttrdon Cfas;grt
:+i):-U
L,^P
�. r.... s.� .�i..y: „•:rc'.':r.'o,m`; �.r+"Cn,� ts7� :a;h.^.
a) Meet with client to Lsiecuss 37,0 rrdtlt r drt`° :i?t proji• t i-pouirerrlents
='! Prepare.siuolo sa..r'i+7 relational diagram for the org rii;t:, a t ?r'" ' t "'L'a,e �s�t �i i#t:. .s 3�1 Of Z)iOr d i1foGr;i'll
aiem_r:ts (existing and required)
cj Prepare a sealed sci78rn t a ensign pan
(+i Preliminary select key materials
Renclerec Design Prop a
h Artistic hand draw,viinp
tr. Plant Malarial board w Ui irii cgs t: llt:Straia
.1,3. Design Dat:e;opment
O '<'".Tt,'iss', and r e.fir Sc Schematic Design plan, o of r{i?l;'.s. comments
i Prelirninary Piantintl Piart
ci Layout of site. (paving, .planters,fountains,
:I) Prepare theprobante cost lc const;ruct.the p7or)s'1 . 9 i nc,rov,c.'%er:'..
r i til^mit the plans one coat to inicn
1.1 4 Construcl.(cn Document Pnasa
n ) Prey Vy construction ji{cils inctur i,ny:
a,. 1-Planting
b. Hardscapa Pan (..Laveiut)
c: Gracing •_°. Drainage Plan (layout p•l ifl. r di(i C.lrniina'_ . fielails by Civil l"ngine�r
d. Irrigation Plan-
e Furilitiit;c, Plan
f. •Lanascatp l_lgh:in t3i• it (Izlyotit.only. t✓ld? lricul r lOire r ng by
'Sl .iitlfi ge Plan (signs to tic' coordinetitic 'ftiltl the :::ity ' Miarpit
DeslgCi . ester eatoIss, if any (M ohan€i.:3l:s.>s ems, 1`ty•,'.ir:.,,.illic, Structural, .rain geldisc iarge and
Electrical wra;}links by othere)
c) Prepara coriSIruction details `.o d •scrit e the rnat=rIa s
d) Assist the Client in the submission process to the ,cvernill : :TO actencies.
Submit final cosis tc• cOn 1ruct the proposed irrlpr vernents
ill Submit 2 sione and ,seal ci- copies of the Construction Dnctirne s. Adel tiorlc3i cooies should t c
rot f': i.irsable expenses.
2
a)
C:
Expensal.;
reproduclion nd h iprt pc 3ac. Ifld (J-2ilve.ry
Z:OSIG diDila r(*.:ndecings, pnutbyi arld
xp.erlg9 Lahility Jris%ilar:c-7.-: to th.: Projr.-:;i, or z..c1,:icnai
inE-„urance covorage
$vices cfe;f7-Jssional
A,. fe;z:s, perrrAs, 3nrilor pa.-13 pi cc'esse.rs
()ther sirniiar direct Projeci-scied expendittin
AdditiOrlii Information anti Exclusions:
Enea sxclude.s & waterproofivu
t;*, 1;-tnrisr7;:tr.,e Achile.cr sn1 r,o1 he resgomiic fcr fooc pRrtaning file Pool
certsultant (l,e. water ponds. fountains, pools orici ny additionoi ,,,vater features)
c'; Craina9e dOne coore.finalion %11-1 tine 7',1EP rd vrrpneer3 En?3 ornvfde inn
C2ICAngt:olst and drLit,viq Oivfl erner
Fees:
1;z:: archizeczural viori,. can bpsovklec For afcc
E;o-a s:Iont7: cf vcos wi Ib9 n raz;•?..
-00ivery CsLgn Deveripry,-.2,r11
Llet3n.:DeliVe.ry CcirlirntDeC:Uments
30,0
20.n%
i;ek r',9T kir ntrOIS tt
174 c it" 1'444' i;
I •
• A." ,z,,v0)7v7i I
(.41.11 .ICI.vt,(1",'"-q"?. ?b
!'r itirrififve"(e;qk
#1'4,-'•, (r. Pa
dts-- 17) 'Pill' "..celitt,;771(4.
7 10,000
• 5 _6,•00
4,„0012
\'ours
Ene.o E.nea, principal
1)e.:51inn'
t
Dwe:
2.0,D00
3
DILL TO:
ADDRESS:
CITY:
STATE:
E:
ZIP CODE:
C rirkell Ftallron LI C
PROJECT No: 116
INVOICE No: 2010 0lei
INVOICE DATE: 12-Apr-10
INVOICE: DUI' f)ATE: indicaI d
PAGE: 1ot1
QUANTITY DESCRIPTION [UNIT PRICE IN USS [AMOUNT IN USS
001 Land:scape.Design - 1514 °lickelt Park S 20.000.00 5 20.000.00
PAID on 04/21 S 10.0110 (30
PAID on 06124 5 5.000 or)
DUE NOW
Retainer - .00°A 1co 1 310,000 PAID
Upon delivery Design Deveksp. - 30% telal > :0 000
Upon delivery Corrslrudfoti i ocumenls - 2C)';o total > $4,000
$ 4.000 00
00.
We appreciate your interest in our cern any..
INVOICE TOTAL S 20,000.00
FINAL PAYMENT S 4.000.00
Hest regards.
Enea Carden Design
3fickeit Flatiron LLC
ENEA
Dole Type Heference
719/2010 Biit Design
BrickoU Flatiron Lan cap Design
Ottrynal ni
4,00C1.00
7/9/1010
13ntonct, Jiro Discount Payment
41:000.00 1,000.00
Chectc Amount 4,000.00
4,( U0.00
8 rickell Flatiron LLC 449
ENEA 1120/2010
Date Type Reference Original Ant, Balance Due Discount Payment
6/22/201 Bill 20100014 6,000 00 6000.00 6,000.00
CfleCk AttIOUlt 6,000.00
Brickell Flatiron
Inv 20100014/ dated 04/12/10 6,000.00
Flatiron LLC
ENEA
ype F.lefererice
But Retainer
41 1,9
3/29/2010
Origina/ Arnt lance:Due Disconni Payment
10,000.00 10,000,00 1000000
Check. AMOun 10,000.00
f38.A. TO: Mallory katiderer / Brio/cell Flatiron LLC
ADDRESS: 201 41n1 Street suite.501
Ur?: Miami Beach
STATE: FL
ZIP CODE: 33110
PROJECT No: 116
INVOICE No: 20 I D0053
INVOICE DATE: 17 Dec 10
INVOICE DUE DATE: Upon receipt
PAGE: 1 of 1
QUANTITY 1 DESCRIPTION UNIT' PRICE IN US$ AMOUNT IN US$ I
Reimbursable expenses 40. - 1814 Brickell Park
001 Electrical Engineer fees;(wirina and photometric study plan) $ 2.000.00 $ 2.000.00
045 Prints (3 sets of 15 pages - City of Miami reviews) $ 2 00 $ 90 00
Foam Boards to Commissioner Same (foam and special gtue) $• 53,85 $ 53.85
BRICKLL FLATIRON LLC 1004
OPERATING. ACCOUNT
qootl.E IST STRFFT
MfAt.11. FL ','31:38
1
PAY TO THE f, ,61
ORDER OF '
/ 77/42-e 54/1(j0 a:::://(1/kc2&2/01ery/77ile/eL--:
Sabatiell Uuitcxl Sank
11 FOR//(0, /A. '"Zi/O,,,..S:::: ,...„2,-
fi
4
14 11° 00 100110 I: 0 il a ? 00 11CO: 0101,031,2270'
A1-565
• DATE 1/-2-2/ 6IS)
$ Lif Zi
;cit.) DOLLARS E3
t • •
046
We r.ippreciate your interest in our .conapany.
IN/VOICE ()rm. 3 2 143 85
66540W $ 2,143.85 '
Best regards,
Enea Garden Design.
BILL TO: fAallory Kander& Brickell Flatirvi LLC
ADDRESS: 301 4 lot Street. StlitC 501
CITY: Miami Beach
STATE; FL
ZIP CODE: 33140
enea
PROJECT No; 110
INVOICE No: 20110014
INVOICE DATE: 30-t4ar-11
INVOICE DUg t3ATE: Upon receipt
PAGE: 1 of 1
QUANTITY -I DESCRIPTION IUNIT PRICE IN US$ [AMOUNT 1/4„US$
Reimbursable exoenses #4 - 19.14 Brictiell Part
Several copies for City of Miami. FDOT, GIP, etc 233.95 $ 233.95
t BRICKELL FLATIRON LLC 1 0 4 9
OPERATING AC'fjOUNT
rji J. 71ST ..STRELT
MI:J.11, FL 11311
PAY TO THE ..C11
ORDER OF
silo /71-0,,tzuo
Unitect Bank
fi
-•:', 9
0 0 D ii qio I:0g, ?DO ri 6 1.3 f: 0 110 1 0 3 1 2 2 ? la
,,..
tf.:.=t*::-',..7"''"`"a •=-- ..,-,,,-,,-,,t7tt tt'-',4=7......, tt ••.“ ''''tts - '''' -7-..t4L.,,.:==t;tittt..:;tr,tt,v,,,,,,,,--,-,,,,r,,,:t21.,,,,,,a,.„«,- t , ,,,,,,,,,-..tt„,‘FaatiZtettta.t.:4^4.'",,:rtn.:ntt..."..aL^:=;:ft.tr.tt,„7.t.'stt=nrtrtr...*:;:ftrt.t.tt,..t.tat,nat.'..tr...t-',,z,--3.1.,-,...A,C,tr-lt
..r1
DATE
ta-zt
576 u
LLARS 1+1
at
1100
We appreciate iJC or interest in our company.
en ea gardeii design
iNvOICE TOTAL 233.95
CUE NOW
Bs reganls,
Enea Garden Desion
$ 233.95
'at
'at
t
BILL. ID:
ADDRESS:
CITY:
STATE:
ZIP CODE:
Mallory Kaudef et
:301 41st Strew, suito 501
MnTI each
FL
33140
PROJECT No:
INVOICE No:
}NVOICE DATE:
INVOICE DUE OAT:
1 'RI
2010.0046
Upon ,reneipf
1 of 1
QUANTITY i DESCRIPTION
Reimbursable oxoenses - 1314 Oriel:ell Park
001 Civil Enoinee.r fees
036 Prints (3 sets of 12 pages - City of Miami initial reviews)
•
BRICKELL FLATIRON LLC
OPERATING ACCOUNT
3OoN.C. 713 ralfiEEr
KAU. R. 33138
pAY TO THE ifigc/F.
ORDER OF
..,
r? fil2,14 774457=4440 7474.f.Yi.:WC-- AQ.olge-V (64(8.2st/V7?":(k) i__
Sektaden Unili-xl Rank
li
P
0 D.ocn,o 2Cifin 4,106 ?LID ci.Glig3g: a 10 1.0 4 1!
UMITPRICE IN US$ IAMQUNT IN US$
s
DATE
3,8moo $
2 00 $
-7 —
3,800,00
$
111
14-1
72.00
)1
1029 p?:1
—10
037
vve, appreciate y01,11- intp.rnst in emir conlparly.
INVOICE TOTAL
3,872.00
DUE NOW
Best regards,
Frtea Garden Design
3.872.01)
er�a
BILL TO: Ma,lro, IOL;crcir i BriJ<eil Flatiron LLG PROJECT No:
ADOP.ESS: 301 4 i st Street, suie 501 INVOICE No: 20110005
CITY: Ili6rni Beoch INVOICE DATE: 15-3eb 11
STATE: FL INVOICE DUE DATE: t)pcn receipt
ZIP CODE: 33140 PAGE: i ol' 1
1 QUA.NTIT',, 7 .0ESCRIPTION IUNiT PRICE INIISS AMOUNT IN LISS 1
RgirribtirsbleeffiSes ti3 - 1614 BrickellPark
Electmal.Engincer fees - Pan, changes 5; 225;00 $ 225100
Prints outs (total hardcopies; color copies. newboards) S 225.40 $ 225.40
Credit. (froin invoice 20100044- 2010 .3 (128.00) ,3 (I. 2p.00)
000
zl)prcciate yourinteresUin our COMpany,
en
INVOICE TOTAL S 322 40
ENOW 322.40
Eest fegarcis.
Eno Gai dun. DcStur
•
;20,4** ,tifee~OW •
Tranutziorr
• Oalanco.Due •
Sri.sr.o — Darn tlb.FEB-2011 t,trie • . 211,6.11/5
„...• ,
• ••
.19ACIO •i M.) Gt. Dzte 04.RO:7011 0110 "
,Invaice
Typo IR
. ,
et.'rer.t.y LISD
UAW
rtc.rir.pri, ; '
dint i ° :nthH
... _ , .......,......... ._ .
CKg1012,FOR Hz2111511U1811 Tonclinn 10ai21,642.75i
C„itol;t1i,lii0I21 J j
..,
:ll •To ------- -------- -- - ,- nal 10 •
N,00t. Hatton Flatiron, 11C ilirickell riillif411, i It: flame 'tilit:i0111 Flaiiion, I If.:
. . Number ' tria5.2 •13:1052 ' "with m• 810'12 .
i
1.10:Winn i ;208193 2031191 ,
„ „,...... ,....—_ t
.;.15!0 Itiscikyne ill, :triJ Floor lSill Ilist.rytar Ili,:it Flout
• r ,
• i tlima Flatitun, /LC
• I ••f -..,
.., /Ai-dolt:Ft 31132 Ilnitoil Status Mlaroi,•i 113132 Uoitoil Siatos .---
- , -- , „.....„-- . ,. _. i ttorriber •,1111M7 ', il
Contact J 0252. CUSTOMER '.A31157, CUSTOMER
I oculitin 7011191 44
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So:aspect:en i Cotterner thank
intuiting Ruh, • Drrrili titit:h
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.;12..MAR•21111 Egirtrat:ion Date i.
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ITEM DEPOSIT DEPOSIT CHECK DEPOSIT CHECK
SEQUENCE DATE REP.NO. NUMBER AMOUNT .-AMOUNT
Rezton. for Retuta
1 ITEM. :cgARGED_TpTALING 19i659.7.6
0 ±TEmsREDEPOSITEDOTLING 1:1,90
ADVICE TOTAL 19,659.76
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BRICKELL FLATIRON LLC
OPERATING ACCOUNT
300 N.E.71ST Si HEET
AMAMI. FL 33138
nuiLvE�take74/(1
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Sabadeil United Bank
OR Aegiertgeo-
11.00 LO 3 20 40 Et 7009 64Si: 0 LD 10 3 L 2 2 716
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DATE
1 $ 7ob,
DOLCA 8
1032
63-164
-60-1 0