Loading...
HomeMy WebLinkAboutExhibit BExhibit B • ACCESS, U ill,ITY AND CONSTRUCTION EASEMENT AGREEMENT DATED i990 tromument "wend By: Robsit R. Mrri4 &quire POPhoo, Efie & Ilank PIL Gb. 11.(wayns Tow; Sufte Moo, Florida $$131 RETURN TO: Charles A. Schuette. Esq. Akernlo, Senterlitt 8 Eidson 801 8nckeli Avenue 24111 Flow Mimi, Et 33131 orr, 148286121'1 ACCESS, UTILITY AND CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT (the "Agreement") made this 3,1, day of"'\a , 1990, between ALANDC4 INC, a Florida corporation with offices at 7108 Fairway Drive, Suite 200, Palm Beach Gardens, Florida 33418 (hereinafter "Alandco") and MIAMI REAL ESTATE VENTURES, INC IV, a Florida corporation, with offices at 1415 %ouslana, Suite 4300, Houston, Texas 77002 (hereinafter "Miami RE IV"). WHEREAS, Alandco is the owner in fee of certain real property comprising approximately 3.01 acres in the City of Miami, which property is described in Exhibit "A" attached hereto and made a part hereof and defined as Alandco Tract 1 and Alandco Tract 2, respectively, or collectively referred to herein as the "Alandco Tract"; WHEREAS, Miami RE IV is the fee owner of certain re property located within the City of Miami comprising approximately 2.09 acres, which property is described on Exhibit "B" attached hereto and made a part hereof (the "Miami RE IV Tract"); WHEREAS, Alandco and Miami RE IV have entered into that certain Development, Reciprocal Easement and Operating Agreement (the 'Development Agreement") of even date herewith providing for an overall plan of development of their respective tracts and joint operation of certain amenities located thereon (the parties' tracts are at times jointly referred to as the "Riverside Center"); WHEREAS, the Development Agreement provides for the construction and operation of a parking garage as defined in Sections 1.6, 3.2(b) and 5.1 (as may be expanded pursuant to Section 5.2) of the Development Agreement (the "Parking Garage") to mutually - benefit the Miami RE IV Tract and Alandco Tract 1; and WHEREAS, the parties intend that this Agreement shall set forth the various permanent easements to be granted by each party to the other as necessary for development of their respective tracts and operation of the Riverside Center. NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties covenant and agree for themselves, their successors and assigns as follows: 1. JLccoem to Miami RE IV Tact fiorta Soudtwvrt Third Street. Alandco hereby grants, conveys and assigns to Miami RE N and all tenants and licensees of the Miami RE IV Tract or any part thereof, non-exclusive, perpetual easements, rights -of -way and privileges for vehicular, pedestrian and road purposes over, upon and across the lands described in Exhibit "C' attached hereto and made a part hereof ("Easement Area 1"), which easements, rights•of.way and privileges shall be for the benefit of, and shall be for the purposes of providing Miami RE IV, its successors and assigns, with access from Southwest Third Street, 1 Documo +c:ry 5ra^ ^s Coltaot^d $ U°" S $P.._L ,'J'T'.t •_rip Collected Clas,. 'C' .ou y, (!d. a dedicated public right-of-way, to all, or any portions of, the Miami RE IV Tract. The easements granted hereby include, without limitation, the following rights and privileges: a. The right to access, ingress and egress over iretement Area I; b. The right to construct, replace, repair, use and maintain improvements in, over or upon Easement Area I in the nature of paved roadways, driveways and sidewalks; and a The right to construct, operate and maintain underground drainage, sewer, water, electrical or other utility pipes, lines, drains or other facilities in Easement Area I as may be necessary or desirable for the development and operation of the Miexol RE IV Tract. Alandco reserves unto itself, its successors and assigns (i) the right to use, and the right to grant others the right to use, the roadways, driveways and sidewalks as may be constructed within Easement Area I, including the right to connect to such roadways, additional roadways and driveways at such points along such roadway as may be desired by Alandco; (Li) the right to construct, and to maintain and upgrade existing improvements within Easement Area I; (iii) the right to construct, operate and maintain underground drainage, sewer, water, electrical or other utility pipes,' lines, drains or ether facilities in reetement Area I as may be necessary or desirable for the development and operation of the Alandco Tract; and (iv) the right, subject to Miami RE. IV's consent as provided hereinafter to adjust at its sole expense the location of Easement Area I as may be necessary or desirable to facilitate the development of the Alandco Tract; provided, however, the exercise of the foregoing rights by Alandco shall not interfere with or obstruct Miami RE IV's use of, or downgrade or diminish, the exercise by Miami RE IV of its rights hereunder as such rights exist prior to the development of the Alandco Tract, If Alandco desires to exercise its right under the previous sentence of this paragraph to adjust Easement Arta 1, ivliarai RE IV shall not unreasonably withhold its consent; provided, further, that Alandco makes arrangements satisfactory to Miami itE IV for the relocation or reconstruction of Miami RE IV improvements then existing within Easement Area I at no expense to Miami RE IV. Alandco agrees, and by its acceptance of this Agreement, Miami RE IV agrees, if the relocation satisfies the foregoing conditions, to effect such relocation by joining in and recording an appropriate instrument in the public records of Dade County, Florida. $ Marro RE !VAce a4 to Rtv^arvrnllc Alandco hereby grants, conveys and assigns to Miami RE IV and all tenants and licensees of the Miami RE IV Tract or any part thereof, non-exclusive, perpetual easements, rights-ofeway and privileges for pedestrian ingress and egress purposes over, upon and across the lands described in Exhibit 'D" and E.ehibit' D-2" attached hereto and made a part hereof ("Easement Area II"), which easements, rights -of - way and privileges shall be for the benefit ofand shall be for the pt pose of providing Miami RE IV, its successors and assigns, with access to hll, or any portions of, the Riverwalk. The term "Rtverwallc" is defined in Sections 1.7 and 3.1(a) of the Development Agreement. The easements granted hereby including the right to access, ingress_ and egress over 2 are, 148281t 1213 Easement Area II and the right to construct, use and maintain improvements in, over or upon Basement Area 11 in the nature of sidewalks, walkways or pedestrian access. Alandco reserves unto itself, its successors and assigns (i) the right to use, and the right to grant others the right to use any sidewalks constructed within Easement Area II; (ii) the right to construct, and to maintain and upgrade existing improvements within Easement Area II; (iii) the right to construct, operate and maintain underground drainage, sewer, water electrical or other utility pipes, lines, drains or other facilities in Easement Area II as may be necessary or desirable for the development and operation of the Alandco Tract; and (iv) the right, subject to Miami RE IV's consent as provided hereinafter to adjust at its sole expense the location of Easement Area II as may be necessary or desirable to facilitate the development of the Alandco Tract; provided, however, the exercise of the foregoing rights by Alandco shall not interfere with or obstruct Miami RE I.V's use of, or downgrade or diminish, the exercise by Miami RE IV of its rights hereunder. If Alandco desires to exercise its right under the previous sentence of this paragraph to adjust Easement Area II, Miami RE IV shall not unreasonably withhold its consent; provided, further, that Alandco makes arrangements satisfactory to Miami RE IV for the relocation or reconstruction of Miami RE IV improvements then existing within Easement Area II at no expense to Miami RE IV. Alandco agrees, and by its acceptance of this Agreement, Miami RE IV agrees, if the relocation satisfies the foregoing conditions, to effect such relocation by joining in and recording an appropriate instrument in the public records of Dade County, Florida. It is the intention of the parties that if Miami RE IV acquires title to Tract 1 pursuant to that certain Option For Sale and Purchase of Real Property, dated March 13, 1990, as amended and restated pursuant to that certain Amended and Restated Option for Sale and Purchase of Real Property dated this December 11, 1990 (the Purchase Option"), then the easement described in this Section 2 shall not merge with the deed of conveyance to Tract 1 nor merge with the fee simple title to Tract 1 or 2, but shall continue in full force and " effect unless and until a certificate signed by Miami RE IV, as the fee simple owner of Record to Tract 1, terminating and cancelling this easement is filed in the Public Records of Dade County, Florida. Miami RE IV hereby consents to and agrees to assist in the granting and recordation by Alandco and Miami RE IV, if required, of an easment for pedestrian ingress and egress over the lands described on Exhibit D-2 hereto, which easement shall be for the benefit of the City of Mieani and the general public and shall be for the purpose of providing access to and utilization of all or any portions of Riverwallr. 3. Plandao r.zcr 1 Acce* to Mernatk Miami RE IV hereby grants, conveys and assigns to Alandc:o and all tenants and licensees of Alandco Tract 2 or any part thereof, non- exclusive, perpetual easements, rights -of -way and privileges for pedestrian ingress and egress purposes over, upon and across the lands described in Eochibit'D•1" attached hereto and made a part hereof ("Easement Area II.1"), whleb easements, rights -of -way and privileges shall be for the benept of, and shall be the for the purpose of providing Alandco, its 3 14828iC I Z.I 4 Yr,2, successors and assigns, with access from Aiandco Tract 2 to ail, or any portions of, the Riverwalk. The easements granted hereby include the right to access, ingress and egress over Easement Area I1-1 and the right to construct, use and maintain improvements in, over or upon Easement Area 11-1 in the nature of sidewalks, walkways or pedestrian access, Miami R13IV reserves unto itself, its successors and assigns (1) the right to use, and the right to grant others the right to use any sidewalks constructed within Easement Area II-1; (ii) the right to construct, and to maintain and upgrade existing improvements within Easement Axea 11-i; (iti) the right to construct, operate and maintain underground drainage, sewer, water, electrical or other utility pipes, tines, drains or other facilities in Easement Area II as may be necessary or desirable for the development and operation of the Alandco Tract; and (iv) the right, subject to Alandco's consent as provided hereinafter to adjust at its sole expense the location of Easement Area Il-1'as may be necessary or desirable to facilitate the development of the Niiazni RE IV Tract; provided, however, the exercise of the foregoing rights by Miami RE IV shall not interfere with or obstruct Alandco's use of, or downgrade or diminish, the exercise by Aiande° of its rights hereunder, If Miami RE IV desires to exercise its right under the previous sentence of this paragraph to adjust Easement Area Il- e, Alandco shall not unreasonably withhold its consent; provided, further, that Miami RE IV makes arrangements satisfactory to Alandco for the relocation or reconstruction of Aiandco improvements then existing within Easement Area II-1 at no expense to Alendco, Miami RE IV if the relocation satisfies the foregoing conditions, to effect such relocation by joining in and recording an appropriate instrument in the public records of Dada County, Florida. 4. /Voodoo &cerr to the Pgtkfnp Garage faun 9outtnreat Mot Street Miami RE 1V hereby grants, conveys and assigns to Alandco and all tenants and licensees of the Alandco Tract or any part thereof, non-exclusive, perpetual easements, rights.or•wayand privileges for vehicular, pedestrian and road purposes over and upon the lands described in Exhibit "E" attached hereto and made a part hereof ("Easement Area III"), which easements, rights- _ of -way and privileges shall be for the benefit of, and shall be for the purpose of providing Alandco, its successors and assigns, with access to all, and any portions of, the Parking Garage, The easements granted hereby Include without limitation, the following rights and privileges: a, The right to access, ingress and egress over Easement Area 111; b. The right to construct, use and maintain improvements in, over or upon Easement Area fit in the nature of pave roadways, driveways and sidewalks; a. The right to construct, operate and maintain underground drainage, sewer, water, electrical or other utility pipes, lines, drains or other facilities in Easement Area 11 as msty be necessary or desirable for the development and operation of the Aiandco Tract. q�: 14 828n i 215 Miami RE. IV reserves (i) the right to use, and the right to grant others the right to use, the roadways, driveways and sidewalks as may be constructed within Easement Area III, including the right to connect to such roadways, additional roadways and driveways at such point along such roadway as may be desired by Miami RE IV, (li) the right to construct, and to maintain and upgrade existing improvements within Easement Area III; and (ili) the right, subject to Alandco's consent as provided hereinafter to adjust at its sole expense the location of Basement Area III as may be necessary or desirable to facilitate the development of the Miami RE IV Tract; provided, however, the exercise of the foregoing rights by Miami RE IV shall not interfere with or obstruct Alandco's use of or downgrade or diminish, the exercise by Alandco of its rights hereunder. If Miami RE IV desires to exercise its right under the previous sentence of this paragraph to adjust Easement Area III, Alandco shall not unreasonably withhold its consent; provided, further, that Miami RE IV makes arrangements satisfactory to Alandco for the relocation or reconstruction of Alandco improvements then existing within Easement Area III at no expense to Alandco. Miami RE IV agrees, and by its acceptance of this .Agreement, Alandco agrees, if the relocation satisfies the foregoing conditions, to effect such relocation by joining in and recording an appropriate in.strument in the public records of bade County, Florida. Miami RE IV further reserves the right to cause Favrment Area III to be dedicated for public road purposes to the appropriate governmental authorities and Alandco, by acceptance of this Agreement, covenants and agrees that if Easement Area lII is dedicated for public road purposes to such governmental authorities, this agreement shall terminate as to the portion of Easement Area 1II so dedicated. It is the intention of the parties that if Miami RE IV acquires title to Tract 1 pursuant to the Purchase Option, then the easement deson`bed in this Section 4 shall not merge with the deed of conveyance to Tract 1 nor merge with the fee simple title to Tract 1 or 2, but shall continue in full force and effect unless and until a certificate signed by Miami RE IV, as the fee simple owner of Record to Tract 1, terminating and cancelling this easement is flied in the Public Records of Dade County, Florida. 6CAtIstrrti RE Ile &coo from Seeuthirotal Second At++mnue. Alandco hereby grants, conveys and assigns to Mviia i RE IV and all tenants and licensees of the Miami RE IV Tract or any part thereof, non-exclusive, perpetual easements, rights -of -way and privileges for vehicular, pedestrian, road and entrance. way feature purposes over, upon and across the lands.descn'bed in Exhibit "F' attached hereto and made part hereof ("Easement Area IV"), and non-exclusive, perpetual easements, which easements, rights.ofavay and privileges shalt be for the benefit of, and shall be for the purpose of providing Miami RE IV, its successors and assigns, with access from Southwest Second Avenue, a dedicated public right- of-way, to all, or any portions of, the Miami RE IV Tract. The easements granted hereby include, without limitations, the following rights and privileges. et. The right to access, ingress and egress over Easement Area IV; 5 its, 14 OF 8'612.16 L.. The right to construct, use and maintain improvements in, over or upon Easement Area IV in the nature of paved roadways, driveways and sidewalks; a. The right to construct, repair, replace, operate and maintain underground drainage, sewer, water, electrical or other utility pipes, lines, drains or other facilities in Easement Area IV as may be necessary or desirable for the development and operation of the Miami RE IV Tract Alandco reserves unto itself, its successorsand assigns (I) the right to use, and the right' to grant others the right to use, the roadways, driveways and sidewalks as may be constructed within Easement Area IV, including the right to connect to such roadways, additional roadways and driveways at such points along such roadway as may be desired by Alandco; (ii) the right to construct, and to maintain and upgrade existing improvements within PAsement Area IV; and (ili) the right, subject to Miami RE IV's consent as provided hereinafter to adjust at its sole expense the location of Easement Area IV as may be necessary or desirable to facilitate the development of the Alandco Tract; provided, however, the exercise of the foregoing rights by Alandco shall not interfere with or obstruct Miami RE IV's use, of, or downgrade or diminish, the exercise by Miami RE IV of its rights hereunder, as such exists prior to the development of the Alandco Tract. If Alandco desires to exercise its right under the previous sentence of this paragraph to adjust Easement Area TV, Miami RE IV shall not unreasonably withhold its consent; provided, further, that Alandco makes arrangements satisfactory to Miami RE IV for the relocation or reconstruction of Miami RE IV improvements then existing within Easement Area IV at no expense to Miami RE IV, Alandco agrees, and by its acceptance of this Agreement, Miami RE IV agrees, and by its acceptance of this Agreement, Alandco agrees, if the relocation satisfies the foregoing conditions, to effect such relocation by joining in and recording an appropriate instrument in the public records of Dade County, Florida. Xancfao 111001,111t to tha z big Miami RE TV hereby grants, conveys and assigns to Alandco for the benefit of Alandco Tract 1 and all tenants and licensees of the Alandco Tract 1 or any part thereof, the following; (i) nonexclusive, perpetual easements, rights -of -way and privileges for road purposes over and upon the lands described in Exhibit "0" attached hereto and made a part hereof ("Easement Area V"), which casements, rights- of -way and privileges shall be for the benefit of, and shall be for the purpose of providing Alandco, its successors and assigns, with access, ingress and egress to all, and any portions of, the Parking Garage; and (ii) an air rights easement beginning with the top surface of the then completed seven (7) story parking garage on the Miami ItE IV Tract based on an air rights survey similar to the sketch on E.xhibit "G-1"attached hereto and made a part hereof (Easement Area V-1") up to a :remivaum of seven (7) additional levels of parking for the purpose of enabling Alandco to construct and complete, at its costs and expense, up to seven (7) additional stories of parking in accordance with and subject to the provisions of the said Development Agreement. The easements granted hereby include without limitations, the following rights and privileges: 6 .14625n1217 a. The right to ae-CeSS, ingress and egress over Easement Area V; b. The right to construct, use. and maintain improvements in, over or upon Easement Area V-1 in the nature of up to seven additional levels of parking. Miami RE IV reserves (1) the right to use, and the right to grant others the right to use, the roadways, driveways and sidewalks as may be constructed within Easement Area V, including the tight to connect to such roadways, additional roadways and driveways to such point along such roadway as may be desired Miami RE IV, (id) the right to construct, and to maintain and upgrade existing improvements within Easement Area V; and (iii) the right, subject to Alandco's consent as provided hereinafter to adjust at its sole expense the location of Easement Area V as may be necessary or desirable to facilitate the development of the Mimi RE IV Tratt; provided, however, the exercise of the foregoing rights by Miami RE TV shall not interfere with or obstruct Alandeo's use of, or downgrade or diminish the exercise by Alandco of its rights hereunder. If Miami RE IV desires to exercise its right under the previous sentence of this paragraph to adjust Easement Area V, Alandco shall not unreasonably withhold its consent; provided, further, that Miami REIV makes arrangements satisfactory to Alandco for the relocation or reconstruction of Alandco improvements then existing within Easement Area V at no expense to Alandco. Miami RE TV agrees, and by its acceptance of this Agreement, Alandeo agrees, if the relocation satisfies the foregoing conditions, to effect such relocation by joining in and recording an appropriate instrument in the public records of Dade County, Florida. Miami RE IV further reserves the right to cause Easement Area V to be dedicated for public road purposes to the appropriate governmental authorities and Alandco, by absolute acceptance of this Agreement, covennnts and agrees that if Easement Area V is dedicated for public road purposes to such governmental authorities, this Agreement shall terminate as to the portion of Easement Area V so dedicatecL It Ls the intention of the parties that if Miami RE IV acquires title to Tract 1 pursuant to the Purchase Option, then the easement described in this Section 6 shall not merge with the deed of conveyance to Tract 1 nor merge with the fee simple title to Tract 1 or 2, but shall continue in full force and effect unless and until a certificate signed by Miami RE IV, aa the fee simple owner of Record to Tract 1, terminating and cancelling this easement is filed in the Public Records of Dade County, Florida. Z 17,. oePwicEng Camp, Miami RE IV hereby grants, conveys and assigns to Alandco and all tenants and licensees of the Alandco Tract 1 or any part thereof, non-exclusive, perpetual easements, rights -of -way and privileges to use that portion of the Parking Garage constructed by Miami RE TV for pedestrian, vehicular purposes and other ingress to and egress from the portion of the Parking Garage to be constructed by Alandco. The easements hereby granted include, without limitation, the following rights and privileges: 7 Y . l +8a8?t l 2 18 The right to access, ingress and egress over and through the Parking Garage; and b. Subject to the prior written consent of Miami RE IV, the right to construct, use and maintain improvements in, over or upon the Parking Garage in the nature of roadways, driveways, pedestrian ways, sidewalks and other improvements related to expansion of the Parking Garage. Miami RE IV reserves (I) the right to use, and the right to grant others the right to use, the roadways, driveways, parking spaces and sidewalks as may be constructed within the Parking Garage, including the right to connect to such roadways, additional roadways and driveways at such point along such roadway as may be desired by Miami RE IV, (ii) the tight to construct, and to maintain and upgrade existing improvements within the Parking Garage, The rights extended by this Section 7 shall not become effective until such time as the Parking Garage has been expanded by Alandco pursuant to the provisions of Section V of the Development Agreement. It is the intention of the parties that if Miami RE IV acquires title to Tract 1 pursuant to the Perchers:. Option, then the easement described in this Section 7 shall not merge with the deed of conveyance to Tract 1 nor merge with the fee simple title to Tract 1 or 2, but shall continue in full force and effect unless and until a cettifieate signed by hiiarul RE IV, as the fee simple owner of Record to Tract 1, terminating and cancelling this easement Is filed in the Public Records of Dade County, Florida. a Ur* c EPL Building L.abby, Upon completion of the development of the Alandco Tract 1, Miami RE IV agrees to grant, convey and assign to Alandco for the benefit of Alandco Tract 1 and all tenants and licensees of the Alandco Tract 1 or any part thereof, a non-exclusive pedestrian easement for ingress and egress to and through the Iobby of the FPL Building and over the walkway from the lobby of the FPL Building to the Parking Garage, but limited to access during normal hours the FPI. Building is open, all as described on Exhibit H attached hereto and made a part hereof ("Easement Area VI"), which raarments and pziviieges shall be for the benefit of, and shall be for the purpose of providing Alatidco, its successors and assigns with pedestrian access to all, and any portions of, the Parking Garage and the Alandco Tract 1. It Ls the intention of the parties that if Miami RE TV acquires title to Tract 1 pursuant to the Purchase Option, then the easement described in this Section 8 shall not merge with the deed of conveyance to Tract 1 nor merge with the fee simple title to Tract 1 or 2, but shall continue in full force and effect unless and until a certificate signed by Miami RE IV, as the fee simple owner of Record to Tract 1, terminating and cancelling this easement is filed in the Public Records of Dade County, Florida. per. 14828it' 1219' & Jiilxndco Mid .1 Ingmar and Sams. Miami RE IV hereby giants, conveys and assigns to Alandco for the benefit of the Alandco Tract 1 and ail tenants and licensees of the Alandco Tract 1, or any part thereof, non-exclusive casemate, rights of way and privileges for ingress and egress and utility installation, use and maintenance over, under, upon and across the lands described in Exhibit 1 attached hereto and made a pan hereof (' ,Easement Area VII"), which easements, rights of way and privileges shall be for the benefit of, and shall be for the purpose of, providing Alandco, itssuccessors and assigns, with utility service to all or any portions of Alandco Tract 1 from that portion of the Miami RE IV Tract adjacent to Southwest Second Avenue. The easement granted hereby includes, without limitation, the following rights and privileges; a. The right to access, ingress and egress over Filament Area VII; b. The right to construct, use and maintain improvements in, over or upon Easement Area 'VII in the nature of paved roadways, driveways and sidewalks; and a. The right to construct, operate and maintain underground drainage, sewer, water, electrical or other utility pipes, lines, drains or other facilities in Easement Area VII as may be necessary or desirable for the development and operation of Alandco Tract 1. Miami RE IV reserves unto itself, its successors and assigns (i) the right to use, and the right to grant others the right to use, the roadways, driveways and sidewalks as maybe constructed within Easement Area VII, including the right to connect to such roadways, additional roadways and driveways at such points along such roadway as may be desired by Miami RE IV; (ii) the right to construct, and to maintain and upgrade existing improvements within Easement Area VII; and (ill) the right, subject to Alandco's consent as provided hereinafter to adjust at its sole expense the location of Easement Area VII as may be necessary or desirable to facilitate the development of the Miami 12.E lV Tract; provided, however, the exercise of the foregoing rights by Miami RE IV shall not interfere with or obstruct Alandco's use of, or downgrade or diminish, the exercise by Alandco of its rights hereunder, If Miami RE IV desires to exercise its right under the previous sentence of this paragraph to adjust Easement Area VII, Alandco shall not unreasonably withhold its consent; provided, further, that Miami RE IV makes arrangements satisfactory to Alandco for the relocation or reconstruction of Alandeo improvements then existing within FAsrrnent Area VII at no expense to Alandco. Miami RE IV agrees, and by its acceptance of this Agreement, Alandco agrees, if the relocation satisEes the foregoing conditions, to effect such relocation by joining in and recording an appropriateinstrument in the pubic records of Dade County, Florida Miami RE IV further reserves the right to cause Easement Area VII to be dedicated for public road purposes to the appropriate governmental authorities and Alandco, by acceptance of this Agreement, eovenants and agrees that if Easement Area VII is dedicated for public road purposes to such governmental authorities, this Agreement shall terminate as to the portion of Easement Area VII so dedicated. 9 J. • I«: 148281 1220 It is the intention of the parties that if Miami RE rV acquires title to Tract 1 pursuant to the Purchase Option., then the easement described in this Section 9 shall not merge with the deed of conveyance to Tract I nor merge with the fee simple title to Tract 1 or 2, but shall continue in full force and effect unless and until a certificate signed by Miami RE IV, as the fee simple owner of Record to Tract 1, terminating and cancelling this easement is filed in the Public Records of Dade County, Florida. 1 a Esowntrrt far Alandco :Not 1. Miami RE IV hereby grants, conveys and assigns to Alandco for the benefit of Alandco Tract 1 and all tenants and licensees of the Alandco Tract 1, or any part thereof, non-exclusive easements, rights -of -way and privileges for utility installation, use and maintenance over, under, upon and across the hands described in Exhibit J attached hereto and made a part hereof ("Easement Area VIII"), which easements, rights of way and privileges shall be for the benefit of, and shall be for the purpose of, providing Alandco, its successors and assigns, with utility service to all or any portions of Alandco Tract 1 fxotn that portion of the Miami RE IV Tract adjacent to Southwest Second Avenue. The easement granted hereby includes, without limitations, the following rights and privileges; a. The right to access, ingress and egress over Easement Area VIII; and b. The right to construct, operate and tnaintain underground drainage, sewer, water, electrical or other utility pipes, lines, drains or other facilities in Easement Area VIII as may be necessary or desirable for the development and operation of Alandco Tract 1. Mianai RE IV reserves unto itself, its successors and assigns (I) the right to construct, operate and maintain underground drainage, sewer, water, electrical or other utility pipes, lines, drains or other facilities in Easement Area VIII as may be necessary or desirable for the development and operation of the Alandco Tract; and (ii) the right, subject to Alandco's consent as provided hereinafter to adjust at its sole expense the location of Easement Area VIII as may be necessary or desirable to facilitate the development of the Miami RE IV Tract; provided, however, the exercise of the foregoing rights by Miami RE IV shall not interfere with or obstruct Alandco's use of, or downgrade or diminish, the exercise by Alandco of its rights hereunder, If Miami RE IV desires to exercise its right under the previous sentence of this paragraph to adjust Easement Area VIII, Alandco shall not unreasonably withhold its consent; provided, further, that Miami RErV makes arrangements satisfactory to Alandco for the relocation or reconstruction of Alandco improvements then existing within Easement Area WIT at no expense to Alandco. Miami RE IV agrees, and by its acceptance of this Agreement, Alandeo agrees, if the relocation satisfies the foregoing conditions, to effect such relocation by joining in and recording an appropriate instrument in the public records of Dade County, Florida. ft is the intention of the parties that if Micah RE IV acquires title to Tract 1 pursuant to the Purchase Option, then the easement described in this Section 10 shall not merge with 10 arc: ! 4828 22! the deed of conveyance to Tract 1 nor merge with the fee simple title to Tract 1 or 2, but shall continue in full force and effect unless and until a certificate signed by Miami RE IV, as the fee simple owner of Record to Tract 1, terminating and cancelling this easement is filed in the Public Records of Dade County, Florida. 11, Winos afEtalearrottAntas, Except for the Parking Garage which is to be kept and maintained pursuant to the Development Agreement, each party shall maintain and keep in good repair the Easement Areas situated on its respective Tract, shall keep such areas free and clear of rubbish and obstructions of every nature, and shall provide adequate drainage and lighting thereon. All Easement Areas (Easement Area I through Easement Area VIII) shall be maintained by Miami RE 1V at its sole cost and expense until such time as Alandco 'Tract 1 and/or Alsndco Tract 2 is developed. Upon the development of Aiandco Tract 1, (1) the owner of Alandco Tract 1 shall maintain 'Easement Area VII at its sole cost and expense; (if) the cost and expense associated with the maintenance of Easement Areas I and IV shall be prorated between the owners of the. Miami RE IV Tract and Alandco Tract 1 in the sane proportion as each party's total gross floor area constructed bears to the total gross floor area constructed on the Miami RE TV Tract and Alandco Tract 1; and (ill) all other Easement Areas shall continue to be maintained by Miami RE IV at its sole cost and expense. Upon development of Alandco Tract 2, the cost and expense associated with the maintenance of Easement Area IV shall be either (i) prorated between the owners of the Miami RE TV Tract and Alandco Tract 2 in the same proportion as each party's total gross floor area constructed bears to the total gross floor area constructed on the Miami RE IV Tract and Alandco Tract 2, or (ii) if Alandco Tract 1 has been developed, prorated between the owners of the Miami RE IV Tract, Alandco Tract 1 and Alandco Tract 2 in the same proportion as each party's total gross floor area constructed bears to the total gross floor area constru oted in the Riverside Center, 18 11N-Iltrilt.Postr1ption caCSafrementr, The parties agree with respect to the easements or portions of easements described and located in this Agreement solely by reference to thc buildings, improvements and component parts thereof to be constructed on the Riverside Center that the exact location of such easements will be further described upon the completion of such buildings and improvements by metes and bounds and elevations in a. licensed surveyor's description and plats will be made a part of a supplemental agreement to be executed by the parties hereto, which supplemental agreement with said description or plats attached thereto shall be recorded atnong the official records of Dade County, Florida. The parties further agree, with respect to the easements or portions of easements already particularly described heron, that such easements shall be amended by further agreement in the event that the improvements as constructed by the parties do not conform to outlines and descriptions of the easements as herein described, and the parties agree to execute all such documents as tray be necessary to accomplish such amendment, which documents shall be recorded in the aforesaid Official Records, 11 • P'«o 14628 nI 222 1a. ,JJetftfoni1Sis+Jnsurer. If additional easements between Tracts are necessary and reasonable to effectuate the purposes of this Agreement, provided such proposed additional casements will not unreasonably interfere with the use and occupancy of any of the leased space on the burdened Tract, unreasonably affect access to, or the operating cost of, or create any other additional expense for, the burdened Tract, the parties hereby agree to use their best efforts to agree upon, determine and grant such additional easements. In the event any such new easements are cleated, the plat shall be amended and plans designated and describing said easements shall be signed by the parties hereto and recorded among the Official Records of Dade County, Florida. 1. B+rrf+xa, Neither party shall have the right to construct or place fences or barriers of any kind whatsoever along the common property boundaries which would have the effect of preventing the use of arty easement provided for by this Agreement. ILL Cerement* Running With T'hs !And The easements hereby granted and the restrictions hereby imposed in the agreements herein contained shall be easements, restrictions, and covenants running with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns, including, without limitation all subsequent owners of the Alandco Tract and the Miami RE IV Tract or any parts or portion thereof, and all persons claiming under them. 18. fintino Agreement This Agreement supersedes all agreements previously made between the parties relating to this subject matter, There are no other understandings or agreements between them except for the Development Agreement. 1Z Nodose. All notices under this Agreement shall be in writing and delivered - personally or mailed by certified mail, postage prepaid, addressed to the parties at their last known addresses, 18. Noa•Watisr. No delay or failure by either party to exercise any right under this Agreement, nor partial or single exercise of that right, shall constitute a waiver of that or any other right, unless expressly provided herein. 1bi Hosengs, Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions, 12 • c, 4 We. 1482861223 acranting Ler. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 21. Countorpertr. This Agreement may be exercised in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WXTNESS WHEREOF, the parties have sighed and affixed their corporate seals to this irt.strument. ALANDCO, INC. gAetAA,,- 9Re: rmr-Nir" , By: 13 .-1-•••••••••01 eTATG bF OteJaw, CoUlTrT of TsA+ .. r'rc, 14828r41224 PECK ) ss: ) 1 hereby certify ttwt on this day, before me, a Notary Publki duly authorised in the state and county amazed above to take acknowledgements, personalty appeased grwir,gpit, kirk., to ma known to be the parron deeortbed u 'R +igal:4K' of ALANDCO, INC„ in and who executed the bregoh!g instrument, and toknowledged before me that be executed the foregoing instturment in the rtit;me and on behalf of that corporetkm. althdng the corporate seal of that corporation thereto; and that ss such corporate officer ho is duly authorised by that corporation to do so; and the+ tho foregeing'tnstrumont kr the act and deed of diet carporatkm. Witness my hand and official seal in the county and state `` last ter OF 'Y*ogttzkk COUNTY' OF ) [eAt#a� y u,u/ sto tidal da of AAY FV04� Notary lk !! w { p Ott 44 ` jjljOit" AOrt0 ErjT /S>�r;0 AY C OAA, 5510A IAOy w c.°q IOYJr0 nHAV °MACAAS" CONY .;sr-, 4 Or, g110 hereby certify that on this day, before me, a Notary Pup, duly prized in the state and county named above la talte a_pknpsptiedgenvanta, personalty appeared Oraav b#ZteatYit0 me known to be the person described as VA.. sat ref NEMER= ESTATE Vl: ><, INC, fit in and who executed the foregoing instrument, and acknowledged before me that he executed the foregoing tnsaurnaztt in the name and on behalf of that corporation, faxing the corporate seal of that cotporation thereto; and that an suoh corporate officer he is duty authorized by that corporation to do so; and that the foregoing instrument is the act and deed of that corporation, Wtutees my hand and official seal in the county and state last afo No 14 o"°".ice r..u.uuw.w...c.s..ty.rwa4 0-dV`len4cEa .....�_.���,....�.. :t'I"• :•Y Y-«n� N i'ikSl RlViu ' it•',r ''."!q•Aqr REC: 14828°C 1225 Exhibit A Legal Description-Aiandco Tract F'xhibit 13 Legal Description - Miami RE IV Tract Exhibit C - Legal Description of Easement Arta I Exhibit D Legal Description of Easement Area 11 Exhibit D•1 - Legal Description of Easement Area II-1 Exhibit E Legal Descriptions of Easement Area III Exhibit E Legal Description of FAcement Area IV Exhibit 0 Legal Description of Easement Area V Exhibit 0.1 Legal Description of Easement Area V-1 Exhibit H - Legal Description of Fazement Area VI Exhibit I - Legal Description of Easement Area VII Exhibit J - Legal Description of Easement Area VIII 15 I rorta+�w.004Aelt....o.............e mr►Ya «....o.._......dww...r iM,°t•�m �:......:.».,..a www ` 4828?C 1226 EXHIBIT A Tracts 1 and 3 of °R.iv*rsids Plata" according to the plat thereof, as recorded in Plat Book 139 at pays 43, public records of bad* County, Florida. 414.11. •� Y,�-+�,. . , • , •., ... . "t1'%�U''+''1L:A zr:.� _ ,.._ ..a. •...r ,•°ey,5a n»....tea .. _.--•..�.., .. +r..;wf_ ?•.'"?!..trA.! h y i.1,:ta.....A.. • Pro, 1482861227 EXHIBIT B Tract 2 of "Riverside Plaza" according to the plat thereof, as riscorded in Plat Book 139 at page 43, public records of Dade County, Xlorida, er.co 1482861228 Ex "C" ZC# I A PORTION OF TRACT 3 OF "RIVERSIDE PLAZA", ACCORDING " TO THE PLAT THEREOF RECORDED 2N PLAT BOOK 139 AT PAGE 43 OF THE PUBLIC RECORDS OF DAZE COUNTY, FLORIDA; BEING SHORE PARTICULARLY DESCRIBED All FOLLOW6o BEGIN AT THE NORTHWEST CORNER OF EAID TRACT 3, THENCE RUN N67'42'580E, ALONG THE NORTH LINE OF SAID TRACT 3, FOR 10,00 FEET TO A ,POINT, FROM SAID POINT THE CENTER OF THE NE%T DESCRIBED CURVE BEARS 861'59'33'El THENCE RUN SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC DE A CIRCULAR CURVE TO TIIE LEFT, CONCAVE TO THE EAST AND HAVING FOR ITS ELFHENTS A CENTRAL ANGLE OF 78'04'16", A RADIUS OP 25,00 FEET, POR AN ARC DISTANCE OF 34.07 FEET TO THE POINT OF REV5RsE CURVATURE, THENCE RUN SOUTIIEAS7'ERLY AND SOUTHWESTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, CONCAVE TO THE VEST AND IIAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 74'36'56", A R10IUS OF 65.00 FEET, FOR AN ARC DISTANCE OF 84.65 FEET TO THE POINT OF TANGENT/ THENCE RUN 924'33'07'N, ALONG A LINE 75 FEET SOUTHEAST OF AND PARALLEL WITH THE NORTHWEST LINE or SAID TRACT 3, FOR 46.00 FEET TO TIIE SOUTH LINE or SAID TRACT 3, THENCE RUN 587441'34"W, ALONG THE SOUTH LINE OF TRACT 3, r*R 67.26 FEET THENCE LONG RUN N24.33'07"E, AA LINE 15.00 FEET SOUTHEAST OF AND PARALLEL WITH THE NORTHWEST LINE OF SAID TRACT 3, FOR 95.16 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT,' THENCE RUN NORTHEASTERLY AND NORTH- WESTERLY ALONG THE AAC OF A CIRCULAR CURVE TO THE LEFT, CONCAVE TO THE•WEST AND HAVING FOR ITS ELEHENTS AN CENTRAL ANGLE OF 90"00'00", A RADIUS OF 15,00 FEET, FOR AN ARC DISTANCE OF 23,56 FEET TO A POINT ON THR NORTH- WEST LINE OF SAID TRACT 31 THENCE MIN N24•33'0'/"E, ALONG TIIE NORTHWEST LINE OF SAID TRACT 3, TOR 50.00 FEET TO THE POINT OF BEGINNING. CONTAINS 8306 SQUARE FEET OF LARD, MORE OR LESS. SURVEYOR'S CERTIFICATION, WE HEREBY CERTIFY, THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION 0P EASEMENT IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND 3ELIEF AS PREPARED UNDER OUR DIRECTION IN OCTOBER, 1990. • A. R. TOUSSAINT 8 ASSOCIATES, INC. LAND SURVEYORS 620 N.E. 126 STREET; NORTH MIAMI, FLORIDA BY, EASEREHT EX °C'EA X PR.ES. HOFWARD C. ai-" REGISTERED LAND SURVEYOR N0, 16E2 STATE OF FLORIDA •511EE1l OF 2 4.1 1 'ORDER H0.9633 i3) R«, 148286I229 N EX:p" EA II. 1661 SQ, FT. N.W, COR. TR, 2 P,9,139 P.43 qd 13 6.61139'05* A•5;;H4' 7 T• 29.04' if / it ::a �_ •TD0A•3S.Q1'1\‘tii,,.,` TRACT 3 A\ii I \ \'' \ 6•T4 36 R•65.00' . , , „. A.\\\% -, a 6° 61' F3 'E TRACT 3 TRACT 2 efr ties CM' rt k S81 41 39'W E>< "E' EA 2 `k. q4 *IP 8(E1'42158'E EX'Da ' EA A 1 2323 SO. FT. EASEMENT E2'0° EA I TRACT 2 / 144).11.1.3,A, UTILITY EA5Eh1ENT • SCALE r 11, 40' SHEET 2 OF 2 19 ORDER N4 9633 (3) 41 * • NI: I 4 828'r13 I 230 "D" ER II A PORTION OF TRACT 3 OP 'RIVERSIDE PLAZA' ACCORDING TO THE PLAT THEREOF RECORDED TN PLAT DOOR 139 AT PAGE 43 OP THE prat= moms OF DADE COUNTY, FLORIDA.; BEING MORE PARTICULARLY DERCRIAND AS roumwro COMENCE AT THE NORTHREST CORNER or SAID TRACT 3, THENCE RUN 324'33°07W, ALONG THt NORTHWEST BOUNDARY or SAID TRACT 3, FOR 50.00 FEET TO THE POINT OF BEGIHNINGi rnom SAID POINT OP BEGINNING CONTINUE 824933,07'W ALONG LAST DESCRIBED coonsr, ron 117.7$ FEET TO Tnr SOUTIMEsT CORNER or SAID TRACT 31 THENCE RUN NS7'41'34"Ei ALONG THE SOUTH LINE OP SAID TRACT 3 FOR 16,81 FEET; THENCE RUN N24'33'07'E, ALONG A LINE 15,00 7EET SOUTHEAST OF AND PARALLEL WITH THE NORTHWEST LINE OP SAID TRACT 3, FOP 95.16 FEET TO Tim POINT OF CURVATURE OP A CIRCULAR CURVE TO THE LEFT; THENCE RUN NORTHEASTERLY AND NORTH- NERTERLy AL0N0 THE ARC OF SAID CIRCULAR CURVE TO THE 4 LEFT, CONcAvE TO THE SOUTHWEST AND HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 90",,A RADIUS OF 15.00 FEET, HAVING AN ARC DISTANCE OF 23,56 FEET TO THE END OF SAID CU/WE, BEING THE POINT OF SEG4NNING. CONTAINS 1661 SQUARE FEET OF LAND, MORE on Lrns. SURVEYOR'S OERTXPICATION: WE HEREBYuCERTIFYI THAT THE ATTACHED SNETCN AND LEGAL DESCRIPTION OP EASEMENT IS TRUE AND CORRECT TO THERM OF OUR KNOWLEDGE AND num AS PREPARED UNDER OUR DIRECTION IN OCTOBER, 1990, A. R. TOUSSAINT 4 ASSOCIATES, INC.. LAND SURVEYORS 620 N.E. 126 STREETy NORTH lava, FLORIDA BY g• 1 'v""—•••--,. Cs, il........3144. V. PREF. —.....„— ,ONAR....— I, HC. um= REGISTERED LAND SURVEYOR 910, 166 STATE OF FLORIDA SHUT I Of 2 " 20 EASEIWIT ED A II ORM O. 90IW • Wimme• lig: 1482861231 tr,4. IN 0 M,L, N \ 3 , 1. •ST-, HAINR, ni,3 --- N \ tio'i t 531, , N ti$7'42.58'E q. P,13,113.43 11.7.9'04'16" R.3,00' N,,,,e, A.34.07° 6. 901 R.I5.00° A•23S6' EX "0' EA II :661 Sc. Ft I• .4001 awe 4101.4.16.; .407° JAir ti.V( COR, TR, 2 t P,S.130 P.43 AiT *If S67141'34'w •zt° • '•`°. e Ex °0-1" EA E-1 2323 SC. FT. 341°39'0r R050,0q A- 63.8c° Te2O, a4' .e° • ctC, "•"'' EASERENT EX '13" EA It • \ \ 1 iT TRACT 3 \ 1:4 4" .65' P., \( \ Al • \ \ ° :4") (3) \ 6. \ • -14 A 67.26' /els. 4 . \A\,. 64° 1 ..,,r. 814413..E \ TRACT 3 75. \ — $4' TRACT 2 81.00 321 • ce, EVE° EA III 18$ SO, FT. ,z5, TRACT 2 mu.. =ear amr:o.o. awisn pew. Anal. rim.. anne•••• F. p. L, aN.D,W.IS,A„ UTILITY EASEMENT darAPA 7111, 0.prrA OrrAmtrr SCALE r SHEET 2 OF 2 ORDER .N4Q ,9633 (3 14826?c 232 EX "D-2' EA. II A PORTION or TRACT 1 OF "RIVERSIDE PLAZA" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 139 AT PAGE 43 OF THE PUBLIC RECORDS Or DADE COUNTY, FLORIDA; BEING'MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 1, THENCE RUN S87°41'34°W, ALONG THE NORTH LINE or TRACT 1, FOR 176.33 FEET TO THE POINT OF BEGINNING or HEREINAFTER DESCRIBED PARCEL: FROM SAID POINT OF BEGINNING, THENCE RUN N2°18126"1,6 CONTINUING ALONG THE BOUNDARY LINE OF SAID TRACT 1 FOR 11.00 FEET; THENCE RUN S$7°41'34"W CONTINUXN0 ALONG TIU NORTH BOUNDARY OF SAID TRACT 1, FOR 139.74 FEET; THENCE RUN 547°56'21"E FOR 18,59 FEET; THENCE RUN N87°41154"E FOR 106.45 FEET) THENCE RUN 82°18126"E FOR 61.04 FEET; THENCE RUN 887°41'34"W FOR 45.10 FEET; THENCE RUN 545° 39'62"E FOA 27.51 PEST; THENCE RUN N87°41'34"t FOR 46.21 FEET; THENCE RUN N2°1012.6"14 FOR 03.04 FEET TO THE POINT or BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 4064 SQUARE FEET OF LAND, MORE OR LESS. SURVEYOR'S CERTIFICATION: WE HEREBY CERTIFY: THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION OP EASEMENT IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER. OUR DIRECTION IN OCTOBER, 1990, A. R. TOUSSAINT & ASSOCIATES, INC. LAND SURVEYORS 620 N.E, 126 STREET; NORTH MIAMI, FLORIDA 33161 BYt. TOTTARD C. GAMIILE V. PRES. REGISTERED LAND SURVEYOR NO. 1683 STATE OF FLORIDA • 4, Rye. I, 4826�� 3 233 2NI1 A/11 ON{1S1X0 -. o -SITE j ra ,_ 4 MISZ ,81 ,n r \4, ,00'll / °70°&S / ($' � Q. e 4 d Q w.. asf , s, 0 ua ri- itotiN R ..n : /41::' kk, ,/ .. , 4, z .................___,, ,;,, 0)":01e4/* ' ' ‘ 64 ''' kill) ::°./.4. SOALE : I°..40` SHEET 2.CT 2 na•::aq act3(;) SEC: 14828rU 1234 Ex 'D-1"Er II-1 A PORTION or TRACT 2 OF 'RTv'ERSIDE PLAEA" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT HOOK 320 AT PAGE 43 OF THE PUBLIC ACCORDS OF DADE COUNTY. FLORIDA, *MO MORE PARTICULARLY DESCRIBED AS FOLLOWS; , BEGIN AT THE NORTHWEST CORNER OF SAID TRACT 2, 'THENCE RUN 824'33'0794, ALONG THE NORTHWEST BOUNDARY OF SAID TRACK' 2, TOR 137.26 PERT TO.THE HOST WESTERLY CORNER OF SAID TRACT 2; THENCE RUN $37'05'SB"E, ALONG THE SOUTH- WEST BOUNDARY OF SAID TRACT 2, 'OR 46.58 FEET TO A POINT! FROM BALD POINT, THENCE RUN NORTHWESTERLY AND NORTHEASTERLY ALONG THE ARC OF A CIRCULAR CURVE :TO THE RIGHT, BEING TANGENT 70 TIT) LAST DESCRIBED COURSE AND BEING CONCAVE TO THE EAST AND HAVING !OR ITS ELEHENTS A CENTRAL ANGLE OF 61'39'05", A RADIUS or 50,00 FEET AND AN ARC DISTANCE OF S3.60 FEET TO THE POINT OF TANOENCY1 THENCE RUN N24'33'07"E, ALONG A LINE 15.00 FEET SOUTHEAST OF AND PARALLEL W1TH THE NORTHWEST BOUNDARY OF SAID TRACT 2, FOR 123.11 FEET TO THE NORTH BOUNDARY OF SAID TRACT 2; THENCE RUN BB7'41'34'N. ALONG THE NORTH BOUNDARY OF SAID TRACT 2, FOR 15.81 FEET TO THE POINT OF BEGINNING, CONTAINS 2323 50UAAE FEET OF LAD, MORE OR Lx88, SURVEYORPS CERTIFICATION, WE HEREBY CERTIFY: THAT THE ATTACHED SKETCH AND +LEGAL DESCRIPTION OF EASEMENT IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN OCTOBER, 1090. A. R. TOUSSAINT 6 ASSOCIATES, INC. LAND SURVEYORS 620 N.E. 126 STREET; NORTH HMI, FLORIDA 8Yt - _' u, 0../C`_'v`l' V. PRCS. HOWARD C. OAMSL!" REGISTERED LAND SURVEYOR N0. 1683 STATE OF FLORIDA $JU 10F2' EA SOW EX'D•1' EA IN DROER H.96330 • ...« %xRtL .:�'^. "ti:i_`:`:'��'e'�C?1h�M�f11i:'+;l�Q'�.'.....,...SuHVJ,a•a': �y''Q.�.'�'.e{ , . A.......... .._ r`' si,„ °_`,�` R c: ( 628'f 235 EX'0' EA 7T 1661 SQ. FT. N.W, CQR. TR..2 P.6,139 P.43 C.H.L, ct s10°t,2f 59' SI HB1'42 58'E ta R•2R116 ' •00 ,' A • 34.0T' ilsiyekfth TRACT 3 \ 3•14'36'56' :1s/41 R • 65, 00' "- \(\ AIS \ 4 j 67.26' / °'gg Me1'41'3� _,\ TRAC F s. t. 15,54` ,gyp TRACT SeT14r3t'rt Ez'E" EA Tu Q�4t. v�4y\o�, Q''' r•� EX EAR , gat 'v 2323 SQ, FT. TRACT 2 �d, b•61'39'05` ` OARr5,0U j' ,, A•53,80' 't tip 29, 84' r/ . rs ' ®. 1r' .�........�..........` R • I5,00' A023,56' EASEMENT EX'D-1' EA T%1 5 2 •21 ORDER NO, 9633 (3' f. P,1. L 14-O,91. & $,A, UTILITY EASEMENT SCALE e A. 40' SHEET 2 OF 2 • arc: 14828' 1236 Em 'E" Er IYk A PORTION OF TRACT 7 OF vRIVERSIO>r FLAW ACCORDING TO .. THE PLAT THEREOF RECORDED IN PLAT BOOR 131 AT PAGE 43 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWst CO3VIEHCE AT THE NORTHWEST CORNER OF SAID TRACT 2, THENCE RUN N87.41'34"E, ALONO'THE NORTH BOUNDARY Or $XXD TRACT 2, FOR 16.01 FEET TO THE POINT OF BEGINNINGt FROM SAID POINT OF BEGINNING. CONTINUE N87'41.34"E ALONG LAST DESCRIBED LINE 75,94 'I' 'tj THENC$ AUN $20418'26"E, FOR 10.00 FEET, THENCE RUN S87'41'344 ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH BOUNDARY OF SAID TRACT 2, FOR 01.00 FEET, THENCE RUN N24'3g'07"E ALONG A LINE MOO FEET SOUTHEAST OP AND PARALLEL WITH THE NORTHWEST BOUNDARY OF SAID TRACT 2 FOR 41721 FEET TO THE POINT OF BEGINNING. 3CONTAINs.705 SQUARE TEET OF LAND, MORE OR LESS? SURVEYOR'S CERTIFICATIOHt tin HERESY CERTIFY, TIU1T THE ATTACNEO SKETCH AND LEGAL DESCRIPTION OF EASEMENT IS TRUE AND CORRECT TO THIS DEST OP OUR NNOWLEDOG AND BELIEF AS PREPARED UNDER OUR DIRECTION IN OCTO5ER, 1990. , ,,A, R, TOUSSAINT A ASSOCIATES, INC.% LAND SURVEYORS 620 N.E. 126 STREET/ NORTH MIAMI, FLORIDA AY' Fi" +, . �. �. V. PRES. NOMAD C. DANDLE REGISTERED LAND SURVEYOR NO. 1683 STATE OF FLORIDA ' SHEET 1 0F2 • ' 22 EASEMENT EX 'E' EA III 'ORDER N 0, 9533 t3 9 a*y a 1500' EX D EA XL Aa23,58' TRACT 3 1661 SO, FT, R A 165.400'36'56' • frE'c, i 4828.6l 237 1081'42'6B'E N.N. COR, TR.2 P.8.139 P.43 bs Q•/8'04'16' R®5,00' A • 31.07' \ \ F 1187 41' �iE, \ �~ TRACT 3 4r►"ti►r.�'�►�:81, 00' "�' _# 6 TRACT 2 .�, •, $81'41'34'W E#E° EA ZLI ‘¢�^> ��`�. ,..' 785 SO. Ft • `�#„° ,,4 / 44.41. t 4\ ,°, 4'4 EX •U-1,• EA I1-1 /' ,4n° 21J23 50. fT. TRACT 2 8.61' 36' D5' R•50.00' > A. 53.80' s-- -� -" ,..,To. / 29,84' ./ as4041., EASEMENT EVE` EA la Nay bailare f.P,t, & 61•1).6/.E5,A. UTILITY EASEMENT ram. •fflows SCALE s I' - 40' SHEET 2 OF z 22 ORDER NO, 963313' • Nc�o .I 4828rr'1238 A PORTION OF 'TRACT 3 0r 'RIVERSIDE PLAZA' ACCORDING TO THE PLAT THERICOX' RECORDED IN FLAT BOOK 139 AT PAGE 43 OF THE FURLIC RSC0P.0R Or DAO t COVNTY, rL.0 XDA, *CM MOYt.% PARTICULARLY DESCRIBED AS iOLLOYIB; BEGIN AT THE SOUTHEAST CORNER or SAID TRACT 3, THENCE RUN S87.41'34'N, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT 3, rpR 30,00 REST) THENCE RUN H83'24'06"W, CONTINUING ALONG SAIO BOUNDARY LINE FOR 49.60 PEET; ' THENCE RUN N52'1,3'42'11, CONTINUING ALONG SAID BOUNDARY LINO FOR 62.$0 PEET9 THrNCE RUN N42•07'38'N CONTINUING ALONG SAID BOUNDARY LINE FOR 51.24 O'ZETt THFHCE RUN NI'1it'26"W ALONG THE WEST BOUNDARY LINE OF SAID TRACT 3 rOR A DISTANCE or 40.00 MET; THENCE RUN N87'43'45"E, THROUGH SAID TRACT 3, rOR 169,60 FEET TO THE EA6T BOUNDARY or SAID TRACT 3; THENCE RUN 02616,15"E, ALONG THE EAST BOUNDARY LINE Or SAID TRACT 3, rOR 127.19 a FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEHENT CONTAINS 16,66D SbUARE FEET OP 'AND, MORE OR LESS. SURVEYOR'S SERTI*ICATIONt WE HEREBY CERTIFYt THAT THE ATTACHED 6kETCH AND LEGAL DESCRIPTION or ,EAT?MENT I8 TRUE AND CORRECT TO THE BEST Or OUR KNOWLEDGE ANb BELIEF AS PREPARED UNDER OUR DIRECTION IN OCTOBERe 1990, A. R. TOUSSAINT 4 ASSOCIATES. INC. LAND SURvEYORS 620 N.E. 126 STREET; NORTH MIAMI, FLOAIDA 33161 bY.. I v 0, Row/tAD t. DRAM REGISTERED LAND SURVEYOR N0. 1663 STATE Or 11,0RIDA .SHEET I Of 2 ' EASEMENT EX 4f' EA IY V. PRES. 23 ORDER NO.1255 OANIOF •••••• liCe‘e 0,•••0' TRACT 2 Pa: 14828ifl 239 EASEMENT EX 'V EA IV S .W.13 real a.. v. ex.* rnmolat... TRACT 3 . • ti 61' 43'45't •-• 49 8 3,ogi SCALE I's 40' 30.00' SHEET 2 OF 2 1• tot . S.E. CORNER ,P,0,139 P.43 23 ORDER H0,9633(C 'I ' frt.: 148 8rG 124O ' Isx "0" • • y :, A PORTION OF TRACT 2 OF 'RIVERSIDE PLAZA,' ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 200H 139 AT PACE 43 OF THE PUBLIC RECORDS OF, DADS COUNTY; FLORIDA) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS) COMMENCE AT THE NORTHEAST CORNER Or SAID L02'2i (THE (MT POUR COURSES bEINO ALONG THE NORTHERLY LINE OF SAID TRACT 2) THENCE RUN 887'41'34"W FOR 30,00 rELTI THENCE N83.24'06°W FOR 49.66 FEET; THENCE N52'13'42"W FOR 62.50 FEET; THENCE N42'07'38`14 FOR 51.24 FEET TO THE POINT OF BEGINNING. • FROM SAID POINT OF BEGINNING. THENCE RUN S67'41'34'4 TOR 10.00 FEET: THENCE RUN N2.18'2644 FOR 40,00 PEET; THENCE RUN N87'41'34"E FOR 10.00 FEET) THENCE RUN S2'10'26"E FOR 40,00 FEET TO THE POINT OF 8EOOINNIHR. CONTAINS 400 SQUARE FEET OF LAND, MORE MUSS, URVRYOR'S ,CERTIFICATION; WE HEREBY CERTIFY;. .THAT THE ATTACHED AXETCH AND' LEGAL DESCRIPTION OF EASEMENT 26 TRUE. A2Vi3 COMM TO 7'HE BfiST OF OUR XNOWGEDGE AND BELIEF AS PRXPAP.ED UNDER OUR DIRECT- ION 2N OCTOBER; 299D. A, R, TOUSSAINT 4 ASSOCIATES; ;NC. SAND SURVEYORS 620 N.E. 126 STREET; NORTH M�IAMIe FLORIDA BY; .. , .Qt...,�.4\ C C. i'�}"""x.;`+. V. PRES'. HOWARD Zt. OI.M0LE REGISTERED LAND SURVEYOR NO. 1663 STATE OF FLORIDA SHEET •I OF .2 EASFHENT E% `0' EA Y •. iS ORDER k0. 8633 C • N Ni«: I 4828)G 1 24 1 TRACT 3 ; z'. Ex'0' EA 400 3a, T. ' TRACT 2 MENEHT EX 'a" EA Y 49. $8' 30,0D' Ne3�jq'06, ,8s1'aF34 '2.T51 SDAIE : ('• 40, 68EET 2 0T 2 1.30° 1°5D' 26 . , ORDER Ha,,9633 ('82 ' I242 'EH .0�1" . Et V-1 ' A PORTION OP TAUT 2 OF `RIVERSIDE PLAZA.' ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 139 AT PACE 43 OF THE PUBLIC RECORDS OF DAOE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 2, THENCE -RUN NS7'41'34"E, ALONG THE NORTH LINE OF SAID TRACT 2, FOR 1.1.75 FEET) THENCE RUN 82.18'26"E", AT RIGHT ANGLES, FOR 10.00 FEET TO THE POINT Or REGINNINOt FROM SAID POINT or BEGINNING, THENCE RUN N67'11'3/"E, ALONG A LINE 30 YLET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID TRACT 2, FOR 174.13 FEET) THENCE 82'18'26'E FOR 17.00 FEET; THENCE N07'41°34"E FOR 17.00 FEET) THENCE 62'19'26"E'FOR 87.00 FEETt THENCE•NE7'I1'34"E FOR 11.06 1'E Tt THENCE 847'18'26"E FOR 24.99 FEETt THENCE B87'41' 340W FOR 246,07 ?EETt THENCE N42•40'039W FOR 31,26 FEET) THENCE .RUN N21'33'07'E, ALONG A LINE 15 PEET SOUTHEAST 0P AND PARALLEL TO THE NORTHWEST LINE OF SAID TRACT 2, TOR 107.12 FEET TO THE POINT OP BEGINNING. CONTAINS 26,604 SQUARE FEET OP LAND, MORE OR LESS. PURVEYOR'S CERTIT,CATIOy) WE HERESY CERTIFY° THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION OF EASEMENT IE TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN OCTOBER, 1970. ,'A. R. TOUSSAINT 4 ASSOCIATES, INC, LAND SURVEYORS ' 620 N.E. 326 STREET) NORTH MIAMI, FLORIDA 33161 EYt " 1,17w14-�+. yV. PRES. HOWARD c; GAI{ELE REGISTERED LAND SURVEYOR NO, 1683 STATE OF FLORIDA SHEET 1 0E2 EASEkEHT EX'C-1'ERY•1 ' ORDER N0, 9(( A 1111 N2110151 EASEMENT EX '04EA V-I MI 1 WM P1101.121K z 12137' 2 74. 61:_ 313.5' 31349' • SHEET 2 Of 2 AVE. I 4 28'/ 1 243 26 • ORDER NO.9653(f ..::i"_.:"y am•__ .e.N::;.ia: trbyfi s'Ye�....._..»...�._.-.-.._, . ._... ......... ...�._.v.._,, a .,«Y1r l•rrai. •awAru atilfa•�:,,. 4%"': KRO" RR TOUSSAINY 11.2t3.9999 42152 R. 2 ec: 1482&C 1244 Exhibit "H" -Easement Area VI A PORTION OF TRACT 2 01' "RIVERSIDE PLAZA," ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT N003( 139 AT WAGE 43 or THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSI COMtt NCE AT THE SOUTHEAST CORNER Or SAID TRACT 2, THENCE RUN $87°41'34"W, ALONG THE SOUTH LINE OF SAID TRACT 2, 2''OR 103.00 FEET TO THE POINT OF BEGINNYNG. rROM SAID POINT or BEGINNING, CONTINUE S87°41'34"W, ALONG SAID SOUTH LINE or 'TRACT 2 FOR 15.00 FEET; THENCE 1U. NZ°18'26"W I'0R 90.16 FEET/ THENCE 887'41'34"W ?OR23.27 FEET; THENCE N47°18'24°W FOR 20.28 FEET; THENCE N2°18'26"W FOR 52,60 1^EET; THENCE 2187°41'34"E FOR 5,00 FEET/ THENCE S2°10'26"E FOR 44.66 PELT; THENCE N87°41'34"E ?'OR 53,27 FLE'T; THENCE S2°1.0'26"E FOR 126.10 rEET TO THE POINT OF BERINNTNG. CONTAINS 3124 SQUARE ?EET OF LAND, MORE OR LESS. GURVEXOR'$ CERTIFICA'TXON: NE HEREBY CERTIFY; THAT THE ATTACKED $AETUU AND LEGAL >7E9CRIPT3ON OF EASEMENT IS TRUE AND CORRECT TO THE BEST O2" OUR KNOWLEDGE AND BELIEF AS FREP1 t I2 UNDER OUR DIRECTION IN OCTOBER, 1990, A. A. TOUSSAINT 4 ASSOCIATE$, INC, LAND SURVEYORS 620 N.E. 126 STREET; NORTH MIAMI' FLORIDA BY; \ C.T V • PRES , 0 RAD to AZLE REGISTERED LAND SURVEYOR NO. 1683 STATE OF ?FLORIDA REVISED: 11-20..90 710* NA TOU7F11I119 N5M 34'E roo tOskurrar7„;,;,,Ar joier. NV' 41' 34°E EASEMENT Ex`N' EA VI 53, SCALE + I'20' RCM 2OF2 pr, P,482841245 II.l,.I,B7 I3, 73 na 1 1482841245 CCI • R4 F,PL.6 N•D.WIS.A. EASEMENT a., 13 P,O,B, I0,00 Nd7) 41'54'E h +39. 0' COR. TR. 2 P,B,15$ 15,43 RE' $C01 11-20-90 21 ORDER NO. 9633 (3) P6C.. ! 482S 1246 Ex 'a" Ea VII A PORTION OF TRACT 2 or "RIVERSIDE PLAZA," ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 800X 139 AT PACE 43 OF THE PUBLIC now OF DADE COUNTY, FLORIohl BEzNO MORE PARTICULARLY DESCRIBED AS FOLLOWS' COtNsENCE AT THE SOUTHEAST CORNER OF SAID TRACT 2, THENCE RUN 687•41'34"W, ALONG THE SOUTH LINE OP SAID 'TRACT 2, FOR 15.00 FZF'2 TO THE POINT OF BEOINNINC' FROM SAID POINT OF SEOINNXNG, THENCE CONTINUE S87'41' 31'W, ALONG SAID SOUTH LINE OF TRACT 2, FOR 24,60 PEET, THENCE RUN NY'16'15"W PARALLEL NXTH THE EAST LINE OF SAID TRACT 2, FOR 111,87 FEET TO THE NORTHERLY LINK OF SAID TRACT 2t THENCE RUN 003'24'06"E, ALONG THE NORTH LINE or SAID TRACT 2, FOR 12,50 FEET' THENCE RUN N87• 41'34"E CONTINUING ALONG THE NORTH LINE or SAID TRACT 2, FOA 12,25 FEET; THENCE RUN S2.16'15"E FOR 142.94 FEET TO THE POINT OF BEGINNING. CONTAINS 3520 SQUARE FEET OF LAND, MORE OR LESS. SURVEYOR'S CERTIFICATI8Hs W£ HERESY CERTIFY' THAT THE ATTACHED smolt AND LEOAL DESCRIPTION OF EASEMENT IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN OCTOBER, 1990. A. R, TOUSSAINT i ASSOCIATES, INC. LAND SURVEYORS 620 N.E. 126 STREET/ NORTH NIAHI, FLORIDA BYs f ' �`, V. PRES. No ARD C. CAMBL]S REGISTERED LAND SURVEYOR N0. 1683 STATE OF FLORIDA EASE(EHT EX 'I' EA V11 SHEET 1 OF 2' 28 'ORDER HO. 9633 (3 _ �...,._:'!'�Y.Q{�tip1.0!aq/4`.!71"7C:6 Y:•ilv]H1'"w-e._..-Wm _.. .r."V^.x�.1w•dr.0 ��4s;c:.�ti rc, 4. ".. .......... rooq h, 9dtlY441111 ,,. t,l$te 1:,b3 A. 3,co 1482861247. 7:1< "r in vrrr A PORTION 0Y TRACT 2 or "1liVLRAIDE SLAW, ACCORDING TO ACE .43 OPETHE PUDLICFLAT ERT:C0T0S 07OF ODADEIN pCOLAT ROM( 120 AT P COUNTY, MORXDArOE- IN0 MORE PARTICULARLY DESCRIBED A9 FOLLONd1 DEQIN AT THR SOUTHEAST CORNER Or SAID TRACT 2, THENCE RVN 8E7.41'11"N, AUK) '1" E SUUTH LINt Or SAID TRACT 1, FOR 55.0.0 FEET( THENCE RUN 0241CIPU, Ai.0N0 A LINE PAPALERL TO THE MAST LINE or RAID TRACT 2, P0R 142.04 rorfr TO THE NORTH LINE: 07 SAID TRACT 24 I'Nt'.HC6 RUN NOT'41'Id"R, ALONG SAID NORTH Lift, FOR 17.75 FEET TO THE NORTHEAST 0a1111Zf OF SAID T•P.RCT 2i TNENC£ RUN S2• 7' EETSTHALONG ENCERU2TNH617'�2,45E EAST F"w FORE or 8hip 2.75TRACT F ETt2THENCEFOR 'O RUN 1RSL 03,94 ? &T TO THEPOINTOFORD:NNH/WI.nt Or D TRACT 2, FOR CONTAINS 2251 OOVARL FEET OF LAND, HORS. OR LEMB. pptPARIO 891 A.'R. TOUS9AINTmorons IAT£6, INC. LAND630 N.E. 216thtST. NORTH MI I, FL. 2I161 P YYa a V. PACs. HOARD C, CAHHLE mISTERETALAN©Fy1LOHXDA NO. 1683 E SAYER NOVEND1R 2, 1990 CASEMENT EX '.)' EA VII I • SNEET i OF 2 28 ORDER NO. 9683 0 14828n1248 M.4wrat., TRACT 3 Nr• $83°Z.rog 0,6f TRACT 2 ad •ta N87,41'341 TRACT I EASEMENT EX 'I* EA VII S,E,COR. TR, 2 P.2.139 R43 SCALE SHEET: 2 Of 2 30 00' TR? EX'S' co VII 3528 7,50' , y it,n04,04, lerk Goouittc dullty 04,z, 00-101.4l RiTtlott," • ; • ° 28 ORDER NO, 9633. (3) PAGE PURPOSELY LEFT BLANK Dare untmornairo' itr.161351T 1 Q5? 410, CAMEO 0hTo OtfUTC C .11% O 11tU1 d 00.11 9 a R 5 7O2 4 b 1993 NOV 18 1507 'MST A1c!$D)SL1IT T89 ACCF88, UTXI,ITY This Firet Amendment to Access, Utility and Construction Easement Agreement (the "Amendment") is made this Lday of 440,14 1992, by and between Alandoo Inc., a Florida corporation ("Alandoo") and Miami Real Estate Venturer, Inc. IV, a Florida corporation ("Miami, RE IV"). NHRREAB, Alandoo and Kiami RE IV entered into an Access, Utility and Construction Easement Agreement, dated December 11, 1990 and recorded December 19, 1990, in Official Records Hook 14828, Page 1210, Public Records of Dade County, Florida (the "Agreement'); HUMS, at the time the parties entered into the r °eement it was contemplated that certain improvements would be constructed on the Miami RE IV tract consisting of a ten -story office building (the "F.l'.L, Building"), a parking garage (the "Parking Garage"), and certain other landscape and improvements: and pursuant to Section 12 of the said Agreement, the parties agreed that upon completion of the improvements, adjustments', modifications or new easements may be required to be entered into to carry out the true original intent of the parties fbr tho (-- benefit of their respective real properties; and MMUS, the F.P.L, Building, the Parking Garage, and the other improvements contemplated have been completed and pursuant to the intent of the parties as reflected in the Agreement, Aiande° Inc. and Miami RE IV are entering into thio Agreement to correct oertain legal descriptions of easements previously F47� Yl ItNE9 ou— Il a ce"foii fR+k7oH AA*CIRCUIT COURT 1 61 35 (O53 granted and to abandon and/or relocate other easements previously given. HQ11, THEREFORE, in consideration of the Agreement, this Amendment and mutual covenants contained herein, the parties, their successores and assigns, agree as follows: 1. The above recitals are true and correct in all material respects and are incorporated heroin by reference. 2. All capitalized terms or phrases in this Amendment shall have the same definition and interpretation as in the Agreement. 3. The Agreement is hereby amended and modified as follows: A. Section 1 of the Agreement titled "Access To Miami RR IV Tract From Southwest Third Street" is hereby amended by deleting in its entirety the legal description described on Exhibit "C" to the said Agreement creating Easement Area I and substituting therefor the legal description attached hereto and identified as ".Replacement Exhibit C" and incorporated herein by this reference as the replacement legal description of uaid Faaement Area I. D. Section 2 of the Agreement, titled "Miami RE IV toceee to R verwalk" is hereby amended as fellows; (i) Miami RE IV hereby abandons and releases that easement granted and described in Exhibit "D" to the staid Agreement and in consideration of such abandonment, Alandco hereby grants, conveys and aesigne to Miami RE IV and all tenants 2 Rt1:15139t.1 D54 and 1iceneees of Miami RE IV Tract or any part thereof, nonexclusive, perpetual easements, rights -of -way and privileges for pedestrian ingress and egress purposes over, upon and across the Lands described below which easements, rights -of -way and privileges shall be for the benefit of and shall be subject to the conditions hereof, for the purpose of providing Miami RE IV, its ouccessors and assigns, with access to all, or any portion of, the R iverwalk, which said below described easement, in conjunction with easement described in Exhibit "D-2" as defined in the Agreement are hereinafter collectively referred to as "Basement Area II"; (a) A perpetual easement over, upon, and across the lands described in Replacement exhibit "D" incorporated herein by this reference; and (b) A perpetual easement over, upon and acrona the lands described in Exhibit "D--3" incorporated herein by this reference. At such time as the existing boat basin is filled in And the pedestrian Riverwalk Easement is completed on Tract 1, as reflected on the Plat of Riverside Plaza recorded in Plat Book 139 at Page 43 of the Public Records of Dade County, Miatai RE IV agrees to abandon this easement; and (c) A temporary easement over, upon and across the lands described in Exhibit "D-4" incorporated herein by this reference. In the event Alandcc, ite successors or, as igns, elects to construct a building and improvements en Tract 1, then it shall so notify Miami RE IV in writing of its election and, 3 RIt. 16 t 35 l O55 simultaneously with the issuance of a construction permit by the applicable governmental authority for the construction of such building and improvements on Tract 1, such temporary easement shall cease and terminate. Upon such termination, all rights of pedestrian ingress and egress granted hereby to Miemi RE IV, its sucoessors and assigns, over, upon and acmes the lands described in Exhibit "D•4" shall also terminate. The inclusion of this temporary easement within the definition of "Easement Area -II" sh 11 not, for any purpose, be deemed to have created a perpetual easement, and this temporary easement shall terminate on the conditions set forth herein. C. Section 3 of the Agreement, titled "Alandco Tract 2 Access to Riverwalk" is hereby amended as follows Alandco hereby abandons and releases that easement granted and described in Exhibit "D-1" to the Agreement and in consideration of such abandonmes,t, Miami RE IV hereby grants, conveys and assigns to Alandco and All tenants and licensees of Alandco Tract 2 or any part thereof, non-exalueive, perpetual easement**. righte-of-way and privileges for pedestrian ingress and egress purposes over, upon and *trees the land described in that Replacement Exhibit "D-1", which easement, right-of-way and privileges ehail be for the benefit of and shall be for the purpose of providing Alandco, its successors and aeaigns, with access to all, or any portion of the Rivexwelk, which said described easement atoll hereinafter referred to "Eaaesaent Area. II-1". 4 "c:16135 1066 D. Section 4 of the Agreement, titled "Alandco Access to the parking Garage from Southwest Third Street" is hereby amended by deleting therefrom the legal description creating Easement Area III and described on Exhibit "E" thereto, and substituting therefor the attaohed Replacement Exhibit "$" ae the legal description of said Easement Area E. Alandco hereby abandons and releases the lands creating Easement Area V and Easement Area V-1 as legally' described on Exhibit "G" and Exhibit "G41," respectively, and ie consideration thereof Alandco and Miami RE XV hereby agree that Section 6 of the said Agreement, titled "Alandco Access to the Parking Garage" ie hereby amended by deleting the first full paragraph thereof and substituting in its place the following: "6. yllelrudoo Ageeeeto the Parking Garaee. Miami RE IV hereby grants, c;onveyn and assigns to Alandco, for the benefit of Alandco Tract 1 and all tenants and lieenseee of Alandco Tract 1 or any part thereof; the following: (i) non- exclusive, Farpotµal easements, rights -of -way and privilegen for road purposes over and upon the lande described in Replacement Exhibit "G" attached hereto and made a apart hereof ("Easement Area V"), which easements, rights -of -way and privileges shall be for the benefit of, and for the purpose of, providing Alandco, its eucceseors and assigns, with acceee, ingress and egress to all, and any portions of, the Parking Garage; and (ii) an air rights easements, beginning with the. top surface of the completed oix and one-half (61) story Parking Garage as depicted and shown on Replacement Exhibit "0-1" attached hereto and made a part hereof ("Easement Area 0-1") up to a maximum of three and one-half (31) additional levels of parking for the purpose of enabling Alandco to conetruot and complete, at its cost and expense, up to three and one-half (31) additional stories of parking in accordance with and subject to the previsions of the said Development Agreement. The eaeemente granted hereby include, 5 • .�1Jn+'u,iK 0404 ""rIh�a� 1 61 35111057 without limitation, the following rights and privileges:" 4. This Amendment may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together 0ha11 constitute one in the same instrument. 5. Other than as amended or modified or changed by this Amendment, the Agreement remains in full force and effect. 6, No further amendment, modification or change to the Agreement or this Amendment shall be deemed effective unless reduced to writing and signed by both parties hereto. TR WZTV SO 1BLRZOP the parties have executed this Amendment to be effected on the date first written above. Signed, Saalod and Delivered In the Presenco of: ALAMMCO XliC,, a Florida corporation aktrt 14 CI Ksxxas ast,tme Z{� t� P WP..fa t or tf1114t$e setpOa Titles Address: 7100 PAibw(ay Drive, &nitq _200 Pe ,m Beach Ga.rd@001 FL 3341.4 (CORPORATE SRALj 6 rtre. 61351 058 ed .:.41.7 I It 1, yr:no azw,t, tr 44.),•!/,',4.61x STATE OP FLORIDA COUNTY ')5A The for day of Kiandco Inc., corporation. (did not) UN/ XIAMI ANAL *STATE VENTURJSB, INC., Wir a Florida corporation By: N. el R char President Address: 1415 Louisiana, Houston, Texas (CORPORATa roug 43rd Floor 77002 4— . • , 9E411ZE 1;?: 7 ^; (/ 1 . ) .. N •te oing Instrument was aokiiow1ed.ed befRr,e me this 1993 by (4 No,. of a F or a corporation, on behalf of the He/oher is personally known to me -er-iwta-preetteeed srpi-.4-441e0.4.44,...tioAt-se-idertti-fitratiol arh1 did take an oath. Hy Commission Expires: • • c: 7 Mke ?-41:ARY PUBbiu rim (Mt CNA16111i0K0.1 (") [NOTARIAL SEAL) 1116135q1059 SPATS OP FLORIDA ) SS; COUNTY OF 17406- ) 17 day of , 1992 by Richard A. Yarbrough, of MIAMI The fore oing instrument was acknowledged before me this REAL ESTATE VE TURES, INC. IV, a Florida corporation, on behalf of the corporation. Hekerhre-ie personally known to me epr—het -prodWered 1.11.....44-44,0.4444.414.4-ax-identific-ation and dild- (did not) take an oath. My commission Expires: 01 .1,11Y 1 MK S'IME OP act ‘77 MASEPTA),10$ —0430NeatitrittleittAtiNSIMCC— elSOCNXV.e10 9 OT Y PUBLIC Prize Nix* Coomisoloa No.I G.C. I Lit Do (NOTARIAL SEAM 47* , • *0 14 c). ° ('AYE ><[(Mr! n, urr, 40C.ir!Pi kL*41117P'tHA I wr ro r • tex caw?' co*r zzl: 16I 35q. 1060 Florida Power and Light Company, m Florida corporation, hereby consents to this First Amendment to Access, Utility and Construction Easement Agreement, rtfontpA POKER AND LIGHT COHP NY, a Flozida.00rporation liame't %/4g & lyne,/�uX Tit I'd t 17ir Latt4 Management 4 Aesistanc Sea. Addresui 1'1 7 �.5. Hwy /1 Hotel.; Palm !roach, flortde 33406 STATE OF FLORZDA COUNTY o1FPRs hC� 1 og t The foreg.oLng Amendment was askknowl•dged before me this 7 day of TAa , loriday •Jay `V. Mo sslst:i cc Y c> 1'lorida Power and L g t oatpariy, a Florida corporation, on behalf of such corporation, He/she is personally knownto me or has produced Isro. er N.et1 (ted100 as identification and disY (dirnot) take an oath. Hy Coniesiotl Rxpirnst rnrAr‘rrttsUcitrAnitvi et0A M,', 0w,•04. 1oV MN?. I1,IM1 e:niiabnaUaENIF ALL' tWR I'Iw I RUN.-014 62=1 ALL NOVd PUBI $C w „en,,,, .. . tilY(J1tti C. gtil ,, . rewa{r/ten No., cc 11-1 2•S Q ,.p•ctiti f i.• ?riot Mn.. kCC, 1 6 t 35 O6 LF;GAI, DESCRIPTION: A portion of Tract 3 of "RIVER81t3 PLAZA," according to the Plat thereof recorded in Plat Dock 139 at Page 43 of the Public Records of Dade County, Florida.; being more particularly described as follows: Begin at the Northwest corner of said Tract 3, thence run S24°33'07"W, along the westerly line of said Tract 3, for 53,12'7 thence S35°31'26"8 for 5.77'3 thence S24'13' 07"W, along a line 5 feet Southeast of and parallel with the Westerly line of said Tract 3, for 109.22' to a point on the South line of said Tract 3: thence N87°41'34"E, along the South line of said Tract 3, for 51.56'; thence N24°33'07"E, along a line 51' Southeast of and parallel with the westerly line of said 'Bract 3, for 118.64'; thence NO2'17'02"W for 41.80' to a point on the North line of said Tract 3; thence 887°42'58"W, along the North lino of said Tract: 3, for 35.00' to the Point of Beginning. Containing 7510 square feet of land, snare or less. Prepared by: A. R. TOUSSAINT S ASSOCIATES, INC. LAND SURVEY'OR8 620 M. B. 126th Street North t4ismi, filorida 33161 By: 1 C, V, Pres. !{OWARD C. 0AiiB,Lt• Registered Land. Surveyor No. 1683 State of Florida Dater July 14, 1992 Order Noy 10227 REPLACEMENT EXHIBIT "C" SHEET I OF 2 +r r'w!+°rrrc \H*. CORNER 1R, 3 P, 6.139 P, 43 \ P.0.8, SCALE: 1"M 40` S' °,[1,;16135r 1062 4V rC.M,L, ST, 211,96' NORM LINE 0E11,3 P,8.139 P.43, TRACT 3 P. 8. 139 P. 43 SOUTH LINE TR 3 N.139 P. 43, H61'41754E 212, 5 \ es %\\ TRACT 2 \ P. B, 13$ P.43 \ `1° REPLACEMENT EXHIBIT "C" SHEET 2 OF2 srbe1.11.1 1$1•1,1,1•9 1UflYVA.EFIK OCVU COVI4T „*; • l'EL161 3511,1063 LEGAL DESCRIPTION: A portion of Tract 1 of "RIVERSIDE PLAZA," according to the Plat thereof recorded in Plat Book 139 at Page 43 of the Public Records of Dade County, Florida; being more particularly described as fellows: Begin at the Northeast corner of said Tract 1, thence $87°411349W, along the North line of said Tract 1, for 176,33'; thence S02618'26"E, at right angles, for 8.00'; thence N87°41'34"E, along a line 8' South of and parallel with the North line of said Tract 1, for 176.33' to a point on the East line cf said Tract 1; thence run NO2°16115W, along the East line of said Tract 1, for 8,00' to the Point of Beginning. Containing 1411 square feet of land, more or less. Prepared by: Date: July 14, 1992 Order No, 10227 A. R. TOUSSAINT & ASSOCIATES, INC. LAND SURVEYORS 520 N. E. 126th Street North Miami, Florida 33161 „4 V. Pres. HOOAR- D C LE Registered Land Surveyor No. 1683 State of Florida REPLACEMENT EXHIBIT "D" SHEET I OF 2 ' • • . r.* . • 4 • r a 4'c: 16135'f 1064 TRACT 2 P, 8, 139 PO 43 N,E, CORNER TR.1 P 8.139 R 43,E 32,75' S87'41' 34`W NORTH LINE OF TR, l P.9,139 P, 43, 139,74' 2O, 176, 33' 667°41'34"W °� P,O;6. :-' N67' 41'34`E 176, 33' 1411 5, F,—.'. N 2r ..r3i, 0::.,) c) ar,.._. _ d . IOt SCALE ; 1'" 4-0' TRACT .1 R8. 139 P. 43 REPLACEMENT EXHIBIT "D" SHEET 2 OF 2 7.50' 7,50' FEC. l 6135 r 1065 LEGAL DESCRIPTION: A portion of Tract 2 of "RIVERSIDE PLAZA", according to the plat thereof recorded in Plat Hook 139 at Page 43 of the Public Records of Dade County, Florida; being more particularly described as follows: Begin at the Southeast corner of said Tract 2, thence S87° 41' 34 "W, along the South line of said Tract 2, for 176.33 feet; thence NO2°18'26"W, continuing along the boundary line of said Tract 2, for 11.00 feet; thence N87°41' 34"E, along a line 11,0 feet North of and parallel with the South line of said Tract 2, for 58.34,feet; thence S02°18' 26"E for 3.00 feet; thence N87°41'34"L, along a line 8.0 feet North of and parallel with the South line of said Tract 2, for 118,00 feet to a point on the East line of said Tract 2; thence S02°16'15"E, along the Est line of said Tract 2, for 8.00 feet to the point of beginning. Contains 1586 square feet of land, more or less. Prepared by: Date: July 14, 1992 Order No. 10227 A. R. TOUSSAINT s ASSOCIATES, INC. LAND SURVEYORS 620 N.E. 126th Street North Miami, Florida 33161 ay: i .A � . V. Ares, HONARD r.. E,ANBLF Registered Land Surveyor No, 1683 State of Florida REPLACEMENT EXHIBIT "D-1" SHEET I OF 2 SCALE c J•' 40' "`aft-P-cn. roc, 60CAPIM c.3..otnA 6Nl AT IVY Cl[MS, ROM CONit \ rl TRACT 07'41'34'E 58.34' «:16 l 35r 71066 TRACT 3 P. 8.139 P. 43 i \ 1 SOUTH LIRE OF TR.j 2. 1 I o N 87141' 34`E 1118, 00' 0 1 NORTH LINE OF 1R, I. S,E, 00Rt1ER I )1'"' 1586 S.F, TR, 2 P,9.139 P.43, l 4 TACT 1 I P.6113 _....1 9P.43 REPLACEMENT EXHIBIT "D-1" SHEET 2 OF2 r v y CtyfF,.• J ;r1>'.t7i;+44 30' T,5' 161351 1106T LtrGAL DESCRIPTION; A portion of Tract 1 of "RIVERSIDE. PLAZA," according to the Plat thereof recorded in Plat Book 139 at rage 43 of the Public Records of Dade County, Florida; being more particularly described as follows: Commence at the Southeast corner of said Tract 1, thence NO2°16' 15"W, along the East line of said Tract 1, for 29,11'; thence run N45°39'54"14, along a line 20 feet Northeast of and parallel with the Southwest line of said Tract 1, for 115.5' to the Paint of Beginning of herein- after described .paP:cei. From said Point of Beginning, thence N44°20'06"E for 50'; thence N45°39'5411 tor 60'; thence S44°20'06"11 for 50'; thence S45°39'54"R or 20'; thence N44°20'06"E for 30'; thence S45°39'54"E for 20'; thence S44°20'06"W for 30'; thence S4S°39"54'E for 20' to the Point of Beginnings. Containing 2400 square feet of land, more or less. Prepared by; Date: July 14, 1992 Order No. 10227 A. R. T0USSAINT 6 ASSOCIATES, INC. LAND SURVEYORS 620 N. S. 126th Street North tii.ami, Florida 33161 liy ; 11a" . OAMB ,E Registered Land Surveyor No. 1683 State of Florida EXHIBIT D- 3 " SHEET I OF 2 V. Pres. t. lr r of° TRACT P, B, 139 P, 43 2400 S.F. 4,4 °°,s,, 6, E. CORKER «�•, TR. I P, 8,139 P. 43 \ EXHIBIT "17-3' SHEET 2 OF 2 Pig:161351[1069 LEGAL. DESCRIPTION: A portion of Tract 1 of "RIVERSIDE PLAZA," according to the Plat thereof recorded in Plat Book 139 at Page 43 of the Public Records of Dade County, Florida; being more particularly described as follows; Commence at the'Northeast corner of said Tract 1, thence S87°41'34"W, along the North line of said Tract 1, for 176.33'; thence S02°18'26"E for 8,00' to the Point of Beginning of hereinafter described parcel. From said Point of Beginning, continue S02°18'26"E for 75,04'; thence N60°33'19"E for 46,32'; thence NO2°18' 26"W for a distance of 53,0'; thence S87°41'34"W, along a line 8' South of and parallel with the North line of said Tract 1, for 43.00' to the Point of Beginning. Containing 2753 square feet of land, more or less. Prepared bye Date: July 14, 1992 Order No. 10227 44.4 A, R. TOUSSAINT & ASSOCIATES, INC. LAND SURVEYORS 620 N. E. 126th Street North Miami, Florida 33161 By: 1, -- 0. . Pres. NOWARD C. dAMBLE Registered Land Surveyor No. 1683 State of Florida EXHIBIT "Ob 4" SHEET 1 OF 2 A1,1613511 1CTO TRACT 2 P.B. 139 P.43 N.E. CORNER TR,1 P.8. 139 P. 43, 987c41'341't NORTH LINE OF TR, I P.B. 139 P. 43. 139.74' ,) 176,33' S87'41'34'1 20' r BASIN 4; 53 b SCALE: I '. 40 ' r 43.0' * HB7° 41'34 E 133,33' pco oe, Iti TRACT .1 P. B, 139 P. 43 EXHIBIT "D-4" SHEET 2 OF 2 32<75' 7.50' LEOAT DES(RTP1'ION; A portion of Tract 2 of "RIVBRSID PLAZA," according to the Plat thereof recorded in Plat Book 139 at Page 43 of the Public Records of Dade County, Florida; being more particularly described as fellows: Commence at the Northwest corner of said Tract 2, thence run N87"41'34"E for 5.61' to the Point of Beginning of hereinafter described parcel. From said Point of Beginning, continue N87°.41'34"E, along the North line of said Tract 2 for 51,56'; thence S24' 33' 07' W for 11.21.'; thence run S87° 41'34"W, along a line 10' South of and parallel with the North line of said Tract 2, for 6I,36'; thence run N24° 33'07"E, along a line 5' Southeast of and parallel with the Westerly line of said Tract 2, for 11.21' to the Point of Beginning, Containing 516 square feet of land, more or less. Prepared by: A. R. TOUSSAINT 4 ASSOCIATES, INC. LAND SURV2'ORS 620 N. E. 12Gth Street North Pliami, Florida 33161 Ay: 1 .r3). V. Pres. aoti Ant. C. GAM&LE. Registered Land Surveyor No. State of Florida Date: July 14, 1992 Order No. 10227 RBVIS6.01 12w 21- 92 REPLACEMENT EXHIBIT "E" SHEET 1 OF 2 1683 re, 1 6 I 35r1 1 DT? \ \ / \ti / 1, TRACT 3 i, 1„\\ P S. 139 P, 43 w''(./ N.*. CORNER 4`l' / 'i\ It P 11,139.43, /5,61' n; / . \ 1'/,,,,,4,\ \ / P.O,B, , N;i'4I'34" E:' \ 212,8 .r'�NORTH LINE '1R, 2 8,139.43 516S.F, TRACT 2 P, B. 139 P, 43 SCALE: i `- 401 REPLACEMENT EXHIBIT "E " . SHEET 2 OF 2 �.d 7 t ,;:.`^ect%�ti•;Rimij t:iw P.16135' 1073 LEGAL DESCRIPTION/ r,.waaa PriAarce eEPelY KEaK GtatuU mar A portion of Tract 2 of "RIVERSIDE PLAZA," according to the Plat thereof recorded in Plat Book 139 at Page 43 of the Public Records of Dade County, Florida; being more particularly deucribed as follows.: Commence at the Northeast corner of said Tract 2, thence run 502°18'26"E, along the East line of said Tract 2, for 22.69' to the Point of Beginning of hereinafter described parcel, From said Point of Beginning, continue S2°18'26"E along the East line of said :'race 2, for 40.0'; thence S97°41'34'W, at right angles, for a distance of 5.0'; thence run N02618' 26"W for 40,0'; thence run N87°41'34"E for 5.0' to the Point of Beginning. Containing 200 square feet of land, more or less, Prepared by; Date: July 14, 1992 Order No. 10227 A. R. TOUSSAINT 6 ASSOCIATES, INC. LAND SURVEYORS 620 N.N. 126th Street North Miami, Florida 33161 NoWARD . GAMBLE Registered Land Surveyor No. 1683 State of Florida REPLACEMENT EXHIBIT "6" SHEET I Of 2 .41 i SCALE: 1p"' 40� en.10135Pc 10?4 N87'41'341 -' NORTH LINE Of 111.2 PP 6e TRACT 2 Pan 139 P,43 0 TRACT 3 P,8.139 P;43 n43.\ 5, Lfror \tio REPLACEMENT EXHIBIT "G" SHEET 2 OF 2 CO CO CCP N.E, CORNER iR. 2 P, R,139 P, 43, P,Q.R, 200 S.P. aI613511OT55 LEGAL DESCRIPTION: A'portion of Tract 2 of "RIVERSIDE PLAZA," according to the Plat thereof recorded in Plat Hook 139 at Page 43 of the Public Records of Dade County, Florida; being more particularly described as followsa Commence at the Northeast corner of said Tract 2, thence S87°41'34"W, along the North line of said Tract 2, for 22.00'I thence S02°18'26"E, at right angles, for 10.00' to the Point of Beginning of hereinafter described parcel. From said Point of Beginning, thence 587°41'34"W, along a line 10' South of and parallel with the North line of said Tract 2, for 18R.2'; thence S24°33'07"W, along a line 6.9' Southeast of and parallel with the Westerly line of said Tract 2, for 98.7'; thence S 37°06'30"E for 40.9'; thence N87°41'34"E for 255.2'$ thence N47°18'26"W for 25.0'; thence S87°41'34"W for 11.1'; thence NO2°18'26'4 for 87. 0' ; thence S87°41' 34"W for 17.0'; thence NO2°18'26sW for 17.0' to the Point of Beginning. Containing 281C1 square feet of land, more or less. Prepared byt A, R. TOUSSAINT I, ASSOCIATES, INC. LAND SURVEYORS 62.0 N. E. 126th Street North Miami, Florida 33161 By: 0. 1 V. Pros. HOt4ARD C. GAMBLE Registered Land Surveyor No. 1683 State of Florida Date; July 14, 1992 Order No. 10227 REPLACEMENT EXHIBIT rG-I" SHEET I OF 2 SCALE: 1`-. 40' \(y \, trc:16 35IT 1076 TRACT 3 R. 8, 139 P, 43 qd \ N,E, CORNER NORTH LINE OF 111, 2 P 8.139 P 4 \ iR' 2 R8,139 R43. 212,85' S8141'34`11e 1 r+ 1 28,8 Oyu — PLAT UTILITY EASEMENT^ TRACT 2 P, 8, 139 P, 43 PROMO W CSIKIA{ tt6901I$ 0104 Pt4OV/0t. VIOtWOs. .` 1KO00 VP4lit0 aM HAVEY RU 1fl (UU caw/ 60011 REPLACEMENT EXHIBIT "G—I" SHEET 2 OF 2 r. r. roJ RE U NTO `I First American Title Ins. Co, 25400 US 19 N, Suite 135 Clearwater, FL 33763 This instalment was prepared by: FDIC 1601 Biyan Street Dallas, TX 75201 Asset No, 10181004734 Parcel ID # 01-41370380030 STATE OF FLORIDA COUNTY OF :MIAMI-DARE SPECIAL WARRANTY DEED RECITALS CFN: 20110299846 BOOK 27680 PAGE 4769 DATE:05/09/2011 11:51:37 AM DEED DOC 14,850.00 SURTAX 11,137.50 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY WHEREAS, Florida Community Bank (the "Institution"), acquired the Property by that certain Certificate of Title recorded on July 8, 2008 in OR Book 26468, Page 2844 ofthe Official Records of Miami -Dade County, Florida; and WHEREAS, the Institution was closed by the Commissioner of the Office of Financial Regulation on January 29, 2010, and the Federal Deposit Insurance Corporation (the "FDIC") was appointed as receiver for the Institution (the "Receiver"); and WHEREAS, as a matter of federal law, 12 U,S,C, § 1821(d)(2)(A)(i), the Receiver succeeded to all of the right, title, and interest ofthe .Institution in and to, among other things, the Property, NOW, THEREFORE, the Receiver (hereinafter, "Grantor"), whose address is 1601 Biyan Street, Dallas, Texas 75201, for and in consideration ofthe sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said Grantor paid by Grantee named herein, the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto 230 SW 3`d ST, LLC, a Florida limited liability company (Grantee"), whose mailing address is 2121 SW 3" I Avenue, Suite 401, Miami, Florida 33129, that certain real property situated in Palm Beach County, Florida, described on Exhibit "A" LI. A CFN: 20110299846 BOOK 27680 PAGE 4770 attached hereto and made a part hereof for all purposes, together with any and all improvements thereto and all and singular the rights and appurtenances pertaining thereto, including, but not limited to, any right, title and interest of Grantor in and to adjacent streets, alleys or rights -of -way (collectively, the "Property"), subject however to all standby fees, real estate taxes, and assessments on or against the Property for the current year and subsequent years and subsequent taxes and assessments for prior years becoming due by reason of a change in usage or ownership, or both, of the Property, as well as zoning, building, and other laws, regulations, and ordinances of mtinicipal and other governmental authorities, if any, affecting the Property, and all matters set forth on Exhibit "B" attached hereto and made a part hereof for all purposes (all of the foregoing being collectively referred to as the "Permitted Exceptions"). Grantee, by its execution and acceptance of delivery of this Special Warranty Deed, assumes and agrees to perform any and all obligations of Grantor or the Institution under the Permitted Exceptions. FURTHER, GRANTEE, BY ITS EXECI I I ION AND ACCEPTANCE OF DELIVERY OF no SPECIAL WARRANTY DEED, ACKNOWLEDGES AND AGREES THAT (i) EXCEPT FOR THE SPECIAL (OR LIMITED) WARRANTY OF TITLE CONTAINED HEREIN, GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, 'WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRI 1.1 EN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY, OR CONDITION OF THF, PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WA TER, SOIL, AND GEOLOGY, (B) ANY INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRAN IEE MAY CONDUCT OR I IOPE TO CONDIICT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) T'HE HABITABILITY, IVIERCI TANTABILITY, MARKETABILITY, PROFITABILITY, °RH:NESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY PART THEREOF, (F) THE MANNER OR QT JALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) TEE MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY OR ANY PART THEREOF OR ANY IMPROVEMENTS THERETO, (H) THE EXISTENCE, QUALITY, NATURE, ADEQUACY, OR PHYSICAL CONDITION OF ANY UTILITIES SERVING THE PROPERTY, OR (I) ANY OTHER MA'1 ' 1ER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WTI II ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, THE DISPOSAL OR EXISTENCE, IN OR ON 'HIE PROPERTY OR ANY PART THEREOF, OF ANY HAZARDOUS MATERIALS; (ii) GRANTEE HAS FULLY INSPECTED TILE PROPERTY AND THAT THE CONVEYANCE HEREUNDER OF THE PROPERTY IS "AS IS" AND "WITH ALL FAULTS," AND GRANTOR HAS NO OBLIGATION TO ALTER, REPAIR, OR IMPROVE THE PROPERTY OR ANY PART TI TERME OR ANY IMPROVEMENTS THERETO; AND (iii) NO WARRANTY HAS ARISEN THROIJGH TRADE, CUSTOM, OR COURSE OF DEALING WITH GRANTOR, AND ALL STATUTORY, COMIVION LAW, AND CUSTOMARY COVENANTS AND WARRANTIES, IF ANY, OF WHATEVER KIND, CHARACTER, NATURE, PURPOSE, OR EFFECT, WI IETHER CFN: 20110299846 BOOK 27680 PAGE 4771 EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, ARE HEREBY EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVED, DISCLAIMED, AND EXCLUDED FROM THIS SPECIAL WARRANTY DEED, NOTWITHSTANDING ANY CUSTOM OR PRACTICE TO THE CONTRARY, OR ANY STATUTORY, COMMON LAW, DECISIONALYESTORICAL, OR CUSTOMARY MEANING, IMPLICATION, SIGNIFICANCE, EFFECT, OR USE OF CONTRARY IMPORT OF ANY WORD, IERM, PHRASE OR PROVISION HEREIN. Further, by its acceptance of delivery of this Special Warranty Deed, Grantee or anyone claiming by, through, or under Grantee, hereby fully releases Grantor, the Institution, and the FDIC in any and all of its 'various other capacities, and their respective employees, officers, directors, representatives, and agents from any and all claims, costs, losses, liabilities, damages, expenses, demands, actions, or causes of action that it or they may now have or hereafter acquire, whether direct or indirect, known or unknown, suspected or unsuspected, liquidated or contingent, arising from or related to the Property in any manner whatsoever, This covenant releasing Grantor, the Institution, ,and the FDIC in any and all of its various other capacities shall be a. covenant running with the Property and shall be binding upon Grantee, its successors, and assigns. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging to Grantor, unto Grantee, its legal representatives, successors and assigns forever, and Grantor does hereby bind itself,,its successors and assigns, to WARRANT SPECIALLY AND FOREVER DEFEND all and singular the Property unto Grantee, its legal representatives, successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject, however, to the Permitted Exceptions. The fact that certain encumbrances, limitations, or other matters or conditions may be mentioned, disclaimed, or excepted in any way herein, whether specifically or generally, shall not be a covenant, representation, or warranty of Grantor as to any encumbrances, litnitations, or any other matters or conditions not mentioned, disclaimed, or excepted. Notwithstanding anything herein to the contrary, however, nothing herein shall be construed or deemed as an admission by Grantor or Grantee to any third party of the existence, validity, enforceability, scope, or location of any encumbrances, limitations, or other matters or conditions mentioned, disclaimed, or excepted in any way herein, and nothing shall be construed or deemed as a waiver by Grantor or Grantee of its respective rights, if any, but without obligation, to challenge or enforce the existence, validity, enforceability, scope, or location of same against third parties. All ad valorem taxes and assessments for the Property for the year in which this Special Warranty Deed is executed have been prorated by the parties hereto as of the date of this Special Warranty Deed, By its execution and acceptance of delivery of this Special Warranty Deed, Grantee hereby assumes the payment of all ad valorem taxes, standby fees, and general and special assessments of whatever kind and character affecting the Property which are due, or which may become due, for the current tax year or assessment period and for any tax year or assessment period subsequent to the date of this Special Warranty Deed, including, without limitation, taxes or assessments for prior years becoming due by reason of a change in usage or ownership, or both, of the Property or any portion thereof. CFN20110299846 BOOK 27680 PAGE 4772 TN WITNESS WIIEREOF, this Special Wananty Deed is executed on this 7 day of May, 2011 WTTNE,,,SSES: Printed Name: 'R. vht t t PrintedNarne; tyre ,./(e7APIte'' A) 6 7., GRANTOR FEDERAL DEPOSIT INSURANCE CORPORATTON, as Receiver for Florida Community Bank ( By: . 2 me: STEVEN W TAYLOR Title; Attorney in tnci----AfFFORNEY IN FACT ACKNOWLEDGMENT SIMI? OF COIJI\TY OF pc-s, This it strum nt was actin wledged befbre me on the 14- day of May, 2011 , Attorney in Fact of the Federal Deposit Insurance Corporation as Receiver for FLORIDA COMMUNITY BANK on behalf of said entity, Notary Public, State of Texas Notary Signature bd Stamp CFN: 20110299846 BOOK 27680 PAGE 4773 u ACCEPTED AND AGREED TO ON THIS THE — DAY OF MAY, 2011. GRANTEE: ./ 3 (..) .2R .rrr 4' sr By. Name: C-s € r Title: STA.! I-, OF klzr,S COI TNTY OF PI e instmmeilti was .ielc.nowledged before me on the , Managing Member of 230 limited Jhi1ity company on behalf of said limited liability JOSEPH R. COLLETT! MY COMMISSION it CID 908107 EXPIRES September 4, 2014 0, 09 Bonded Thru Budget Notary SenAces — day of May, 2011 by SW 3rd ST, LLC, a Florida company. Notary Public, State of CFN: 20110299846 BOOK 27680 PAGE 4774 EXHIBIT A TRACT 3 OF "RIVERSIDE PLAZA", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 139, PAGE 43, OF THE PUBLIC RECORDS OF MIAM1-DADE COUNTY, FLORIDA. LESS AND EXCEPT: THAT PART OF TRACT 3, RIVERSIDE PLAZA., AS RECORDED IN PUT BOOK 139, PAGE 43, OF THE PUBLIC RE,CORDS OF MIAMI-DADE COUNTY., FLORIDA AND BEING A PORTION OF SECTION 37, TOWNSHIP 54 SOUTH, RANGE 41 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING- AT THE, SOUTHEAST CORNER OF SAID TRACT 3; THENCE ALONG '1'11U, SOUTH BOUNDARY OF SAID TRACT 3, SOUTH 87°42'40" WEST FOR 2315 METERS (760 FEET); THENCE NORTH 00°0'14" WEST FOR 7556 METERS (247,90 FEET) TO A POINT ON THE EAST BOUNDARY OF 'rHE AFORESAID TRACT 3 ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF S.W. 2ND AVENUE, 'FFIENCE ALONG SAID EAST BOUNDARY, SOUTH 02°1535" E FOR 75.525 METERS (247,78 FEET) TO THE POINT OF BEGINNING, TOGETHER WITH: COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 3; THENCE ALONG THE EAST BOUNDARY OF SAID TRACT 3 ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF S,W, 2ND AVENUE, NORTH 02°15'35" 'WEST FOR 78.383 METERS (257.16 FEET) TO THE POINT OF BEGINNING; THENCE SOUTH 87°44'25" WEST FOR 1,113 METERS (3,65 FEET), THENCE N 02°15'35" WEST FOR 6,558 METERS (21.52 FEET) TO A POINT OF CURVATURE; 'ITIENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, HAVING FOR ITS ELEMENTS A RADIUS OF 6.420 METERS (21,06 FEET), A CENTRAL ANGLE OF 85050'16", AN ARC LENGTH OF 9,618 METERS (31,56 FEET) AND A CHORD BEARING AND DISTANCE OF NORTH 45°10'43" WEST FOR 8,744 METERS (28.69 FEET) TO A POINT ON THE AFORESAID EAST BOUNDARY OF TRACT 3, SAID pothrr BEING ON THE ARC OF A NON -TANGENT CURVE A RADIAL LINE BEARS SOUTH 01°54'09" WEST TO THE CENTER OF SAID URVE); THENCE, ALONG SAID EAST BOUNDARY, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE SOUTHWESTERLY HAVING FOR ITS ELEMENT'S A RADIUS OF 7,620 METERS (25,00 FEET) A CENTRAL ANGLE OF 85°50'19", FOR AN ARC LENGTH OF 11,416 METERS' (37,45 FEET), AND A CHORD BEARING AND DISTANCE OF SOUTH 45°10'45" EAST FOR 10.378 METERS (34.05 FEET); THENCE CONTINUING ALONG SAID EAST BOUNDARY, swill 02'15'35" EAST FOR 5.361 METERS (17.59 FEET) TO THE P 0 INT OF BEG INNING. CFN: 20110299646 BOOK 27680 PAGE 4775 BXHIBIT B Permitted Exceptions 1, Taxes for the year 2011 and subsequent years not yet due and payable, , 2, Provisions of tho Plat of Riverside Plaza, recorded in Plat Book 139, Page 43, as affected by: O.R. Book 16962, Page 733 of the Public Records of Miami -Dade County, Florida, 3, Easement contained in Instrument recorded in Deed Book 3743, Page 114. 4. Easement granted to Florida Power & Light Company by instrument recorded in O.R. Book 14870, Page 1718, as affected by: 0,R, Book 18595, Page 2798, • 5. The terms, provisions and conditions contained in that certain Memorandum of Development, Reciprocal Easement and Operating Agreement recorded in O.R. Book 14828, Page 1204, as affected by: O.R. Book 15343, Page 3014 and O.R. Book 16962, Page 738. 6. The terms, provisions and conditions contained in that certain Access, Utility and Construction Easement Agreement recorded in OR. Book 14828, Page, 1210, as affected by: O.R., Book 16135, Page 1052, 7. Grant of Easement recorded in O.R. Book 15803, Page 4013. 8. Easement contained in Special Warranty Deed recorded in O.R. Book 16506, Page 797. 9. Temporary Basement recorded in O.R, Book 18196, Page 2403, as affected by: O.R, Book 18528, Page 4820, 10. Easement granted to Florida Power & Light Company by instrument recorded in O.R. Book 23647, Page 2895. CFN: 20110299846 B00K 27680 PAGE 4776 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE; FLORIDA COMMUNITY BANK, a state -chartered bank located in Immakalee, Collier County, Florida, Administrative Proceeding OFR Case No: 0703-FI-] 2/09 NOTICE OF TAKING POSSESSION OF FLORIDA COMMUNITY BANK AND APPOINT gNT OF RECEIVER NOTICE IS HEREBY GIVEN that as Commissioner of the Office of Financial Regulation, in accordance with the authority vested in me by the laws of the State of Florida, I have taken possession of FLORIDA COMMUNITY BANK, appointed the Federal Deposit Insurance Corporation ("FDIC") as receiver of FLORIDA COMMUNITY BANK, and have authorized the FDIC to take charge and possession of all assets and affairs of FLORIDA COMMUNITY BANK pursuant to Sections 658,79, 658,80, and 658,82, Florida Statutes (2009), effective January 29, 2010, at 6:00 p.m. EST, or at such earlier time on that date as the Office's duly authorized on site representative specifies. J, T fonaas Cardwell, Commissioner Off ce of Financial Regulation CFN: 20110299846 B00K 27680 PAGE 4777 FDIC Federal Deposit insurance Corporation 1601 Bryan Street, Dallas, TX 75201 Division of Resolutions and Receiverships January 29, 2010 Mr. J. Thomas Cardwell, Commissioner Florida Office of Financial Regulation 200 B. Gaines Street Tallahassee, FL 32399 Subject: Florida Community Bank Immokalee, FL Dear Commissioner Cardwell: Please be advised that the Federal Deposit Insurance Corporation accepts appointment as Receiver of Florida Community Bank, Immokalee, FL pursuant to an order in form and substance as attached. By: Sincerely, Dennis T 'miler Receiver in harge, FDIC a'q LIMITED POWER OF ATTORNEY CFN: 20110299846 BOOK 27680 PAGE 4778 201100049928 RA 115 KNOW ALL PERSONS BY THESE PRESENTS, that the FEDERAL DEPOSIT INSURANCE CORPORATION, a Corporation organized and existing under an Act of Congress, hereinafter called the "FDIC," acting in its Receivership capacity or separate Corporate capacity or as Manager of the FSLIC Resolution Fund has acquired and will acquire certain assets for liquidation and has determined that it is necessary to appoint a representative to act on its behalf in connection with the maintenance and liquidation of said assets, hereinafter called the "Acquired Assets." WHEREAS, the FDIC desires to designate Steven W. Taylor as Attorney -in -Fact for the limited .purpose of facilitating the management and disposition of the Acquired Assets; and WHEREAS, the undersigned has full authority to execute this instrument on behalf of the FDIC under applicable Resolutions of the FDIC's Board of Directors and redelegations thereof NOW, THEREFORE, the FDIC appoints Steven W. Taylor as its true and lawful Attorney -in -Fact to act in its name, place, and stead, and hereby grants Steven W. Taylor the authority, subject to the limitations herein, as follows: (1) Sign, seal and deliver as the act and deed of the FDIC any instrument in writing, and to do every other thing necessary and proper for the collection and recovery of any and all monies and properties of every kind and nature whatsoever for and on behalf of the FDIC and to give proper receipts and acquittance therefor in the name and on behalf of the FDIC; (2) Release, discharge or assign any and all judgments, mortgages on real estate or personal property, including the release and discharge of the same of record in the office of any Prothonotary or Register of Deeds wherever located where payments on account of the same in redemption or otherwise may have been made by the debtor (s), and to endorse receipt of such payment upon the records in any appropriate public office; (3) Receive, collect and give all proper acquittance for any other sums of money owing to the FDIC for any Acquired Asset which the attorney -in -fact may sell or dispose of; Limited Power of Attorney Steven W, Taylor February, 2011 Page 1 CFN: 20110299846 BOOK 27680 PAGE 4779 (4) Execute any and all transfers and assignments as may be necessary to assign any securities or other choses in action; (5) Sign, seal, acknowledge and deliver any and all agreements, easements, or conveyances as shall be deemed necessary or proper by the FDIC Attorney -in -Fact in the care and management of the Acquired Assets; (6) Sign, seal, acknowledge and deliver indemnity agreements and surety bonds in the name of and on behalf of the FDIC; (7) Sign receipts for the payment of all rents and profits due or to become due on the Acquired Assets; (8) Execute, acknowledge and deliver deeds of real property in the name of the FDIC; (9) Extend, postpone, release and satisfy or take such other action regarding any mortgage lien held in the name of the FDIC; (10) Execute, acknowledge and deliver in the name of the FDIC a power of attorney wherever necessary or required by Jaw to any attorney employed by the FDIC; (I 1) Foreclose any mortgage or other lien on either real or personal property, wherever located. Limited Power of Attorney Stevon W. Taylor February, 2011 Page 2 CFN 20110299846 BOOK 27680 PAGE 4780 This Power of Attorney shall be effective October 12, 2010, and shall continue it full force and effect through October 31, 2012, unless otherwise terminated by any official of the FDIC authorized to do so by the Board of Directors of the FDIC. IN WITNESS WHEREOF, the FDIC, by its duly authorized officer empowered by appropriate resoluti9n of its Board of Directors, has caused these presents to be subscribed in its name this Z J day of February, 2011. FEDERAL DEPOSIT INSURANCE CORPORATION By: c Name: James L. Parrish Title: Customer Service Manager Dallas Regional Office Signed in the presence of: Witne Narne: ! -^/ ✓ s Witness Nance: Limited Power of Attorney Steven W, Taylor February, 2011 Page 3 CFN. 20110299846 BOOK 27680 PAGE 4781 STATE OFTEXAS COUNTY OF DALLAS On this ?day of February, 2011, before me, a Notary Public in and for the State of Texas appeared James L. Parrish, to me personally known, who, being by me first duly sworn did depose that he is Customer Service Manager, Dallas Regional Office of the Federal Deposit Insurance Corporation (the "Corporation"), in whose name the foregoing Limited Power of Attorney was executed and subscribed, and the said Limited Power of Attorney was executed and subscribed on behalf oldie said Corporation by due authority of the Corporation's Board of Directors, and the said James L. Parrish, acknowledged the said Limited Power of Attorney to be the free act and deed of said Corporation, ()ARYL, Gal&& MY COMMISSION EMPIRES Apr1123, 2014 STATE OF TEXAS COUNTY OF' DALLAS Notary;rlic My Commission expires: hi' i , 3 .A 9/7. On this 09-5 day ofFebniary, 2011, before me, a Notary Public in and for the State of Texas appeared 4 c/ 1 (witness 41) and f‘i (witness #2), to me personally known to be the persons whose • •Ore es are subscribedas witness to the foregoing instrument of writing, and after being duly sworn by me stated on oath that they saw Jaynes L. Parrish, Customer Service Manager, Dallas Regional Office of the Federal Deposit Insurance Corporation, the person who executed the foregoing instrument, subscribe the same, and that they had signed the same as a witness at the request of the person who executed the same. ▪ QARY L,'CRISS t MY COMMISSION EMPIRES April 23, 2014 Limited Power of Attorney Steven W. Taylor Notary 1'ub °c My Commission expires; 171 '45 ,golq February, 2011 Page 4 CFN: 20110299846 BOOK 27680 PAGE 4782 TRUE AND CORRECT COPY OF ORIGINAL FILED IN DALLAS (..vanavog.52p6// SIGNATURE • DATE ,. THE STATE OF IRAs cOUNTY.DF !MUM • I hereby certify that the aovve and roregolny Is'a'full, titre, and correct photographic copy of the gdginal repgrd no In my,Iawfti custaly and possesslor, filed on the date stamped Uierpon and•ps the serve Is recorded In the Recorder's Reconls to my office under the volume and page or Instrument 1 Stamded:thereon.., I hereby ceftlfy on I t. ,`r FEB 25. 2011: It CO By Fl1®d and Recorded offlotat Publlo Raoords John F. Warren, County Clark Dallas County, TEXAS 02/25/2011 12:28:47 PM $28,00 • 201100049928