HomeMy WebLinkAboutExhibit - EasementThis instrument prepared by and
after recording return to:.
Nicholas J. Barshel, Esg,
Akerman LLP
1 SE 3 Avenue, 25 Floor
Miami, Florida 33131
(Reserved for Clerk of Court)
PERPETUAL SIDEWALK EASEMENT
THIS PERPETUAL SIDEWALK EASEMENT (the "Easement") is made this
day of , 20 by BRICKELL CITY CENTRE PROJECT LLC,
a Florida limited liability company (f/k/a Brickell CityCentre Project LLC and Brickell
CityCentre LLC), as Trustee under that certain Land Trust Agreement dated July 10, 2012 and
known as Land Trust No. BCC-2012, whose address is c/o Swire Properties, 501 Brickell Key
Drive, Suite 600, Miami, Florida 33131, as Grantor ("Owner" or `Grantor"), in favor of the
CITY OF MIAMI, a Florida municipal corporation, whose address is c/o City of Miami, 3500
Pan American Drive Miami, Florida 33133 (the "City" or "Grantee").
WITNESSETH:
WHEREAS, Grantor is the fee simple owner of certain real property located in the City
of Miami, Miami -Dade County, Florida, which is more particularly described in the attached
Exhibit A (the "Fee Parcel"), and
WHEREAS, Grantor has a leasehold interest in certain real property located in the City
of Miami, Miami -Dade County, Florida, which is more particularly described in the attached
Exhibit B (the "Lease Parcel"); and
WHEREAS, Grantor is constructing a mixed -use commercial/retail/residential
development on the Fee Parcel and the Lease Parcel (hereinafter, collectively the "Property"), as
part of a larger development known as Brickell City Centre (the "Project"); and
WHEREAS, pursuant to that Temporary Construction Easement, dated January 31, 2014,
as recorded in Official Records Book 29039, Page 2266, of the Public Records of Miami -Dade
County, Florida, the City granted Owner the right to construct non-standard improvements
within the City right-of-way known as SE 6th Street between South Miami Avenue and SE 1st
Avenue (the "City Right -of -Way"), in furtherance of the overall Project development; and
WHEREAS, Grantor has proposed certain non-standard improvements, including but not
limited to hardscaping, landscaping, and lighting, which contemplate the relocation of a public
sidewalk from the City Right -of -Way onto the Property in certain locations, as are more
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particularly described in the plans approved by the City under Building Permit Number BD13-
017475-001-B001, as may be further amended (the "Improvements"); and
WHEREAS, Grantor has agreed to grant a non-exclusive perpetual easement to Grantee
with respect to the Easement Area (defined below) for the purpose of pedestrian access to those
portions of the public sidewalk constructed on the Property along the City Right -of -Way, on the
terms and conditions set forth herein; and
WHEREAS, Miami -Dade County, as the fee simple owner of the Lease Parcel, has
agreed to give its consent to the granting of this Easement.
NOW THEREFORE, Grantor, for and in consideration of the sum of One Dollar and
other valuable considerations paid, the receipt and sufficiency of which are hereby
acknowledged, hereby grants unto Grantee, its successors and assigns, a non-exclusive perpetual
easement for the benefit of the Grantee and of the general public, in, over, under, upon and
through the land in Miami -Dade County, Florida, more particularly described in Exhibit C
attached hereto and made part hereof (the "Easement Area"), for the express purposes of public
access and use as a sidewalk, including but not limited to sidewalks, curbs, ramps, and all other
sidewalk features.
It is understood and agreed that, in conjunction with Grantor's development of the
Project, Grantor shall construct on and improve the Easement Area with a public sidewalk and/or
walkway and curb in accordance with the plans approved by the City as part of the
Improvements. Grantor's maintenance obligations in the Easement Arca shall include, but are
not to be limited to, all maintenance and repair of all Improvements constructed under a duly
issued permit from the City, and ensuring that the same are maintained in a safe and well -kept
manner, so as not to pose a safety hazard to the public and to be aesthetically pleasing in this
highly visible location.
Grantor shall maintain the right to construct and install features and improvements within
the Easement Area; provided, however, that a "Clear Pedestrian Path" shall at all times be
maintained within the Easement Area, except as otherwise expressly provided herein. For
purposes of this instrument, the term "Clear Pedestrian Path" shall mean and refer to an
American Disabilities Act (ADA) compliant continuous, unobstructed way of pedestrian passage
extending horizontally five (5) feet in width. No improvements, features, obstructions or
encroachments of any kind shall be permitted within the Clear Pedestrian Path, except for (i)
protrusions and other improvements required by law (such as life safety apparatus), (ii)
temporary obstructions for such periods of time as may be reasonably required for repairs and
maintenance to the Easement Area and/or the public improvements located therein, or (iii)
temporary closures under public emergency circumstances.
Grantor, its successors and/or assigns, do hereby indemnify, defend and hold harmless, at
Grantor's sole cost and expense, Grantee, its officials and employees, from and against any and
all claims, actions, proceedings, damages, losses, liabilities, costs and expenses (including,
without limitation, reasonable attorneys' fees and costs of suit incurred in connection with such
claims), arising out of, or resulting from, the injury to or the death of any person, or damage or
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loss to the property of any person, caused by the negligent or wrongful act or omission of
Grantor, its authorized agents or employees, in performing (or failing to perform) its
maintenance obligations with respect to the Easement Area as required herein, and/or by the
failure of Grantee to comply with all applicable laws, rules, codes and regulations relative to
arising by virtue of the relocation of a public sidewalk from the City Right -of -Way onto the
Property in certain locations, including, without limitation, the Florida Building Code, the ADA
and the Miami -Dade County Public Works Manual.
Provided further that Grantor shall keep in full force and effect, at all times during the
exercise of this Easement, a commercial general liability policy of insurance of at least
$1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, including death, and
property darnage. The certificate of insurance should afford coverage for premises and
operations liability, products and completed operations, personal and advertising injury liability,
and any other endorsements pertinent to the scope of work. The insurance should be primary
and non- contributory.
The insurance and Easement shall be subject to the approval of the City's Risk Manager
and the City Attorney. The insurance policy shall be procured and premiums paid by Grantor.
The effective date of the policy shall be prior to or on the effective date of the Easement, and the
policy tern or any renewals thereof shall remain in effect for the term of the Easement.
The insurance carrier for the policy must be rated no less than A- as to management and
no less than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be
approved by the City's Risk Manager. The City shall be listed as Additional Insured under the
policy. Proof of insurance shall be supplied to the satisfaction of the City prior to the issuance of
any permits. A Certificate of Insurance bearing the City as "Additional Insured" shall in no way
relieve Grantor of the obligation to add the City as "Additional Insured" to the actual insurance
policy. The insurance policy shall provide that the City be given at least thirty (30) days advance
written notice of any material changes, cancellation or non -renewal notification of any policy
and, in the event of such material change, cancellation or non -renewal notification, Grantor shall
immediately replace said policy with another policy to the satisfaction of the City, with the
receipt of a certificate of insurance for such policy by the City at least ten (10) days prior to the
effective date of the material changes, cancellation or non -renewal of any policy. In the event
that the City is not in possession of same by such date, then the City shall have the right to
immediately secure a similar insurance policy in its name with the total cost of the premium and
all monies that may become due during the term of the Easement being charged to Grantor, and
the City shall have the right to declare and establish said costs as a lien on the Property, enforced
as any lien provided for under the statutes of the State of Florida. Grantor agrees to increase from
time to time, as required by the City's Code, the limits of the comprehensive liability insurance
policy required to be provided pursuant to this Easement, upon written request by the City.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever,
and Grantor will defend the title to the lands within the Easement Area against all persons
claiming by, through or under Grantor. Grantor hereby reserves the right to use the Easement
Area for Grantor's own benefit and all other rights of ownership in and to the Easement Area,
including without limitation the right to grant further easements therein so long as the same are
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consistent with the use and rights granted to Grantee hereunder; providing, however, that the
benefits herein granted to the general public shall not be interfered with or diminished except in
some minor or incidental manner when necessary, and those rights exercised by Grantor are not
inconsistent with the use and rights granted to Grantee hereunder.
The Easement is to be governed by and construed under the laws of the State of Florida.
Any claims, actions or proceedings arising between the Grantor and Grantee under the Easement
shall be instituted and maintained in Miami -Dade County, Florida. Each party shall bear their
own attorney's fees. This Easement is subject to the review and acceptance of the City of Miami
City Commission.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name,
by its proper officers thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered in the presence of:
GRANTOR:
FIRST WITNESS: Brickell City Centre Project LLC,
a Florida limited liability company, as
Sign: Trustee under Land Trust No. BCC-2012
Print
Name:
SECOND WITNESS:
Name:
Title:
Sign: Trustee executes this Covenant solely as
Trustee under Land Trust No. BCC-2012
Print and not individually, and no personal
Naive: recovery or judgment shall ever be sought
or obtained against Trustee by reason
hereof.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
by , as of
Brickell City Centre Project LLC, a Florida limited liability company, as Trustee of Land Trust
No. BCC-2012, on behalf of said limited liability company. He/she is personally known or
has produced as identification.
[SEAL]
NOTARY PUBLIC STATE OF FLORIDA
Print Name:.
Commission No.:
Commission Expires:
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GRANTEE:
ATTEST: CITY OF MIAMI, a municipal
corporation of the State of Florida:
Todd B. Hannon
City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Daniel J. Alfonso
City Manager
The foregoing instrument accepted and approved on the day of , 2016,
by Resolution No. of the. City Commission of the City of
Miami, Florida, a municipal corporation of the State of Florida.
ATTEST:
Todd B. Hamlon
City Clerk
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CONSENT OF LANDLORD
WHEREAS, MIAMI-DADE COUNTY ("the County"), a political subdivision of the
State of Florida, is the fee simple owner of that real property described in Exhibit B to the
foregoing instrument (the "Lease Parcel"); and
WHEREAS, under that AMENDED AND RESTATED BRICKELL PARCEL A
VACANT LAND LEASE, dated as of November 19, 2015, and recorded on November 25,
2015, in Official Records Book 29867, at Page 4919 of the Public Records of Miami -Dade
County, Florida (the "Lease"), the County, by and through Miami -Dade Transit (the "Landlord")
granted a leasehold interest in the Lease Parcel to BRICKELL CITY CENTRE PROJECT
LLC, as Trustee under that certain Land Trust Agreement dated July 10, 2012 and known as
Land Trust No. BCC-2012 (the "Tenant"); and
WHEREAS, pursuant Section 4.2(b) of the Lease, Landlord reserved its rights to consent
and agree to any easement granted by Tenant within the Lease Parcel; and
WHEREAS, pursuant to Section 4.10(f) of the Lease, Landlord granted the Miami -Dade
Transit Director or his/her designee, the power, authority and right, without any further
resolution or action of the Board of County Commissioners or Federal Transit Administration, to
execute on behalf of the Landlord consents, agreements, and easements within the Lease Parcel,
to the extent allowed by applicable laws and ordinances.
NOW THEREFORE, the Landlord hereby agrees and consents to the foregoing
PERPETUAL SIDEWALK EASEMENT (the "Easement"), to the extent that the Easement
affects the Lease Parcel, and Landlord acknowledges that the Easement shall be binding upon the
Lease Parcel as applicable, but that any further modification of this Easement affecting the Lease
Parcel will also require the consent of the Landlord.
IN WITNESS WHEREOF, Landlord has caused these presents to be executed in its
name, by its proper officers thereunto duly authorized, the day and year first above written.
MIAMI-DADE COUNTY,
a political subdivision of the
State of Florida
LANDLORD
ATTEST: MIAMI-DADE COUNTY, by and
HARVEY RUVIN, CLERK through MIAMI-DADE TRANSIT
By: By:
Name: Name:
Title: Title: of Miami -
Dade Transit
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EXHIBIT A
LEGAL DESCRIPTION OF FEE PARCEL
LOTS 1 THROUGH 6, THE WEST HALF OF LOT 7, AND LOTS 9 THROUGH 14, BLOCK 107S, OF
PATTERSON AND OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK B, PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
LESS AND EXCEPT THAT PORTION OF THE ABOVE -DESCRIBED PROPERTY CONVEYED BY
RIGHT OF WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 25161, PAGE 1547, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
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EXHIBIT B
LEGAL DESCRIPTION OF LEASE PARCEL
A PORTION OF LOT 7 AND ALL OF LOT 15, BLOCK 107S, PATTERSON AND OLIVE
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
"B", PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 02°16'37"
EAST ALONG THE EAST LINE OF SAID LOT 7 AND ALONG THE EAST LINE OF SAID
LOT 15 FOR 299.97 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15 AND THE
NORTH RIGHT-OF-WAY LINE OF S.E. 7TH STREET; THENCE SOUTH 87°47' 15" WEST
ALONG THE SOUTH LINE OF SAID LOT 15 AND ALONG THE NORTH LINE OF SAID
S.E. 7TH STREET FOR 50.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15;
THENCE NORTH 02°16'37" WEST ALONG THE WEST LINE OF SAID LOT 15 FOR
149.99 FEET TO THE NORTHWEST CORNER OF SAID LOT 15; THENCE NORTH
87°47'23" EAST ALONG THE NORTH LINE OF SAID LOT 15 FOR 25.00 FEET; THENCE
NORTH 02°16'37" WEST FOR 149.99 FEET TO A POINT ON THE SOUTH LINE OF SAID
LOT 7 ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF S.E. 6TH STREET; THENCE
NORTH 87°47'31" EAST ALONG THE SOUTH LINE OF SAID LOT 7 ALSO BEING
ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID S.E. 6TH STREET FOR 25.00 FEET
TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY FLORIDA,
CONTAINING 11,249 SQUARE FEET OR 0.258 ACRES, MORE OR LESS.
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EXHIBIT C
FEE PARCEL EASEMENT AREA
KE CH OF DESCRIPTION
NORS
OS NI)Mki
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EXHIBIT C
FEE PARCEL EASEMENT AREA
POINT OF
Mtn NCE ENT L T 7
37'W
NO2 1 4 99
' O'S kl`4,1 ' WAY Wit G ^
LEt Of' OTS 4; $a, G, dt 1
LOI 4 LOT $
K 1079
ale0,t 09VESIAIDARsa
...._.........
w
Wfl0UicW)
1OF
AS
_qkgforTiidibtacivPrioV-_
C N 1TrMOC
EAVY,
SURVEYORS & MAPPERS
Nor& Mitt arevb. kikarida.
ttvg..
Shoot
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EXHIBIT C
FEE PARCEL EASEMENT AREA
Ilef, Dew,
AL "CRIPTION:
A cariPon •ef Lois 6 and 7„ Reek A075, PATTERSON AND OLNE 5c001anSkON., acepraing ea the haat thentof os
recordea Flat BPAR Peet 77 tee PoleSc Desesde of caafaieDadO Couhty, Florida, benne NEra 20545451E
detected 0.3 102tErc
Call225202 Et 'PE sofhhcc•st comes of thee Lot 7 Thence Sa7':ArDIRP otorna the south nigah-sefeanoy Cho of 5.E,
Rh: Street far 25.41O foot to *PONT OF BEGMNiNG 1* of tne Rentenefter aeschtsed l'ecee (booze
Ser47:30k tided the south rightEptappey 543 at VP Gen Stunt tEr egtente 73...7,3 feet to REFERENCE 'PORT
'A*; theme MrtrOett„ for cgstonge -et 10.14 test; thence N87742'31-E fr daunt. of '75,72 feet; thence
1O:776'371V for a dMacce et t0,03 feet to said PONT Or IPECiNANND
So lando !ysia; EE, chy of Worse MARNR-0,014 County nande, Containefg 743 Sqvahe feet Moro Or Lehi,
Cm1
A portion of 'Lots 4 one 5, Saxe 1075, PATTERSON AND DINE SgeDDISRON, aceseding to th-a egt Mew% os
reppeded Piga Book Dr„ Page 77, of the. Pubsite ROPeands13 Itiosyee'Dego Do0f-sty, ;dodo., boNg Note onttthotatiy
doectidoe es fdoots:
Cortmertdo et the oforesag REFERENCE POINT 13I thetee 987473011 Worn; the •Ataith DV -of -Noy .of 'SEE.
Otti Strodt, 'for 25,1,4 fttot t VINIT 'OF .0EOWING V' of the Perethatter described portet tottt thence
Sit:747'1F1N IDAE. •uii:„..eips Not -of -pay am Of SI:, 6th sFvot foe, a tretoode of 08555 tee; thence $0.2' 5'50''E„
for o distorice ot i4„08 feet; thence N13435,01 tor .0 distogEe of .6e„„05 loot; Enenoe No2104840; for :0 .6.stonce.
13 1.3„9...g feet. to Said POINT OF BEGINNING Tr,
5221 05E2 tying Se tett cay Werni-Wee County ple ode, co„tointel 95S Square root more of Lem
SURVEYOR'S NOTES:
- Th5 sae Fee in Section, Sti, Towngfhi p 54 SVEN Ronps Ettet, hittt„ i'50955 E022206. Ohy tAtemL
:Peomi-D000 County, Planche
- itseht7P§e Deregh are refereed te 05 aosumod PCiaa of $ 87473' W tor the Reath night of say Rat of
St, Pith Sixest
Londe s howl t4040.040 Etre NE 225Eac534 for easements onalec 40Kto-13essey ot cleossfe,
io not 0 '130tndery Survey'bet only a graphic dec4e1R,e 01 the, deudottottrt shotn hetood„
- Dithient„ore shown Mooed ere bated tto FIEEN Leday, Se4e, seetee 53201-1-13i 2,
E "14444 410E4E4451 064134E5 El 3. ebees end neithes shall be cons:gored feth yoGsf, one conspiete withept theatinef'
SURVEYORS .CERTIFICATION:
hereby certify' that 0$'' 'Seaton .of Deetriratich' was mods ceder my respansitee cdorge tot keventbor 4. 2015,s
r53 meets the opttligtoOde codes OS tat (6E2 El tee flutieo aaprneCe-treNea Coes, porecont to Sootier. '4.72..021, •
Florida Statuthe,
FOFMN,,LEAVY; SKIES, INC, L 53
„to
0.toottoN, „,
ClEnieg 0. 1or0rE FOr FEE
Su rE0YOr 2E2 14O0542. I52853
Stott of Rooto,
ADC
Drown By
"Not valid withOtit Bc4nahn 0i'gfinat ratiOd
a P:dfida.Liconad Sooltrit and fitapive
•
SKETCH OF DESCRIPTION
Cad. No I 0372 03 tiityr TO SALE
ORTIN LEAVY" tf TT 01,7„b
CONSUMING ENGINEERS, SURVEYORS & MAPPERS
FLOSEDA CMTWICATIS Or AEYEEOEIZATXEENUVMM l22163662 874qt No- 1015a One, 4
ta:ENEEhaaat 16046:. SEEEE, Noah Mleard !Illeakb‘ Plorld/E 33162
P226E2 I I /4/ t 5 0:220 mow 363,45$34E4412 3ES46$142132 / Email Ep„stelesoevey,0001t31314r3
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EXHIBIT C
LEASE PARCEL EASEMENT AREA
" -'04-1 Sit SIR ET AMIAML
,,,,,,,,,vvvmmv*vmvr.r.vvvvrz,
4.V r
Drown By
ADC
Cu t 150372
,Li
Piot to& i 6 ti-.6nd I
t
?P0 LOrigTiltf:
r
SW StE STREET JsEws01
P**
V't
V V
SKETCH OF DESCRIPTION
FORTN LEA • Y S KT ES • C •
, • 460. tiet
CONSUMING ENGINEERS* SURVEYORS & MAPPERS !: •
pLoto0A 000Y00c0E0 00 AVIVOMZ,ATION NI,"Ottfat 600034SA ,„0 wg„ No_ 101 5- 025-5
LSO Nortittaft i6etb, Sato* 114Orth Miarag Soo.oh, Mends, 331.2
t„, Mono:, 00X-4$0-449$ .1 Pox 30 eiv4g1.11 SI / Roman Me illuomvoy,00m.:...„7" i4!,,;,,t10*t a .3
. .
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EXHIBTI' C
LEASE PARCEL EASEMENT AREA
LOT
0 16 37°
6m SITit0
14041TK LNc of 1!o`t, 7
I.
i
LOT1.014
�a»r..
WAY NO, 41 S/ATE ROAD
T Of WAY
WE SECTION NO. S71ort PUS SIGHTWAS
SKETCH OF DESCRIPTION
O T SKILES,
CONSULTING 3NOTNRIMS, SURVEYORS & MAPPERS
1 1 ,R WM» : W 117/1 0WIZ^ ION NIA.003R4 OWAMS1
11061rt, a Ali. attftttt;P Nord* NArtomil 4 kt rrtgs f
# � *305 -( 1 S2 11 x 11 f t:sell3r t y.
—POINT r.�
G_ CE
. sCORNG4
LoT 1
s o'
$'31
1 A
pax1015-0
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EXHIBIT C
LEASE PARCEL EASEMENT AREA
LEGAL DESS ON:
PfOf BOOk
Commei f; the r,.
691 Street far 3,66
S"d'3 t ?*
Of 10,00 feet to Pi 'POW 11F- SEC0477
SURVEYOR'. NOTES:
TNy site §'t tt .0 ionVi- CO
d ' fCi
Boot
- This is ridf a 'owed -dry Soo
hereby certify
dt moots $.h4
t
Ste4 vies.
7, BkA,k ' 63s, ArERSON
77,, of the Records
Sitief3AAVON„ bib:cording to wet
s f County, ochg more e,
7; thence
BEGIfiNNIC
742'd di Mt n e M'' 2 ; fort:Viet'
d "oC dos,dmems
b5, t on y,
wrea Sedtes, slieteh 1201 f
Of Oesttiptori'
tVud.b t `d< . QS SOt for$>e in the
Form 4 L EAVY, SKILES, CNC, L83653
"N i valid 5 hruf
K$w,e Cf"�.
of FloAd6,
0372
along vle goith tight s, d
dawaltd fat' . f of `t t 4''.
;34 fend;
to
t i ttro t3ti <n ritistn1
» 2 5 3
....._....
CONSULTING IN LN b S, SU
FLORIDA,`ttA" .. ettot - »°t»
W h*rlit, get if Worth Mlanakt4rxeaka8. "I i
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