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HomeMy WebLinkAboutApplication and Supporting Docs�' Iltcn It olalto #ij,4 City of Miami Planning Department & Office of Zoning http//www.mianigov.conVplanning http//www.niamigov.eon-Jzoning E-mail: eplanpznrc .nuamigov.com Planning (305) 416-1400 Zoning. (305) 416-1495 Exception Application This subrn tal needs to be scheduled for a public hearing In accordance with timelines set forth In the City of Miami Code. The applicable decision -making body wilt renewthe information atth public hearing to rendera recommendation or a final decision. PZ-20-6099 12/07/20 SUBMITTER INFORMATION First Name: Email: Melissa nelissa.femandez- stiers@akemrancom Last Name: Femandez-Stiers PRIMARY APPLICANT INFORMATION First Name: Last Name: Corporation: Bottled Blonde Miami, LLC Address: 98 SE 7 Street City: Miami Email: ian.bacheilcov@aketman.com State: Phone: Florida Tip: (305) 982-5669 33131 PRIMARY OWNER INFORMATION First Name: Corporation: Akeman LLP Address: 98 SE 7 Street City: Miani Email: ianbacheilcov@akeman.com List Name: Thor Wytnvood Walk JV, LLC State: Phone: Florida Tip: (305) 982-5669 33131 PROJECT INFORMATION Project Name: Project Address: City: Master Folio Number: Bottled Blonde Miami 239 NW 28 ST Miami 0131250243140 State: Florida Unit Number: hp: Building 2, Space E 33127 SIGNATURE That under the penalty of perjury, I declare that all the information contained in this penult application is accurate to the best ofn ' know • That NO work or installation will conxtcnce prior to the issuance ofa budding permit and that all work will be performed to meet t regulating construction and zoning in this jurisdiction. • I will, in all respects, perform work in accordance with the scope ofthe permit, the City ofMiani's codes and all other applicable la ordinances. • That all information given will be accurate and that all work will be done in compliance with all applicable laws regulating construction • That separate permits may be required unless specifically covered with the submittal of this application. • That there may be additional permits required from other entities. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Permit fees are non-refundable This subrn tal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Coble. The applicable decision -making body wilt review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 APPLICANT OWNER / OWNER REPRESENTATIVE Fast Name: 1_0.„1 Signature: Date: Last Name: L 0V A Z/Z ,6 JZO Fast Name: Signature: Date: akerman June 2, 2020 Francisco J. Garcia Director, Planning Department City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Three Brick 98 Southeast Sev This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body AU renew the information at the public hearing to render a recommendation or a final decid on. Su Miami, FL 33 PZ-20-6099 12/07/20 D: 305 982 5669 T: 305 374 5600 F: 305 374 5095 DirF: 305 349 4609 ian.bacheikov@akerman.com Re: Bottled Blonde Miami, LLC — PZ-20-6099 239 NW 28 Street, Building 2, Space E, Miami, Florida 33125 Application for Exception for Alcohol Beverage Service Establishment Dear Mr. Garcia: On behalf of Bottled Blonde Miami, LLC ("Applicant"), and pursuant to Miami 21, Article 6, Table 13 and Article 7.1.2.6, and Sections 4-5 and 4-7 of the Code of the City of Miami, Akerman LLP submits this application in connection with an Exception for Alcohol Beverage Service Establishment for the property located at 239 NW 28 Street, Building 2, Space E, Miami, Florida 33125 ("Property"). Background on the Property The Property is an indoor commercial space with a net lot area of eight thousand two - hundred eighty-five (8,285) square -feet. Applicant currently leases the Property from Thor Wynwood Walk JV, LLC ("Thor"). A copy of the Commercial Lease is attached as PZD-02. Located within the Wynwood Neighborhood Revitalization District and zoned T6-8-O, the Property is part of Thor's Wynwood Walk development, designed to revitalize a formerly industrial area with walkable retail and restaurant spaces while maintaining the character of the neighborhood, including maintaining facades of the historic warehouses. A copy of the Warrant and Waiver Final Decision 2017-0044 approving Wynwood Walk, as well as the associated approved plans, are attached as PZD-03 and PZD-04, respectively.' In response to Comments 20 and 22 provided by the Urban Design Review Group, please note that the site plans for the instant application do not substantially modify the Principal Building ground floor Facades along the Primary and Secondary Frontages as was approved under Warrant and Waiver Final Decision 2017-0044. The First Layer hardscape remains the same as does any approved landscape that buffers existing FPL boxes from the street. Moreover, and in compliance with the warrant approval for Thor, Applicant will include art or glass treatment along its Facades. This feature which will be reviewed by the Wynwood Design Review Committee with final approval by the Planning akerman.com 52083869;1 Page 2 Pursuant to Miami 21, Article 6, Table 13 and Article 7.1.2.6, and Sections 4-5 the Code of the City of Miami, an Exception is required for any business classified as an Service Establishment of over 5,000 square feet within the Wynwood Cafe Specialty District, suc as the Property at issue. Exception Request This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body AU renew the information at the public hearing to render a recommendation or a final decid on. PZ-20-6099 12/07/20 The Wynwood Walk development was crafted with the intent to create a walkable neighborhood space that maintains the characteristics of the area while still bringing in new retail and food service establishments to enhance the Wynwood experience for locals and visitors alike. Applicant's venue will directly support these goals by creating a cool new neighborhood hangout. Applicant intends to operate a neighborhood pizzeria and bar designed to appeal to Wynwood's local residents and enhance the walkability of the area. With a rustic and relaxed atmosphere, Applicant's venue will be reminiscent of a German bier hall, with the familiarity of an American Sports Pub, the authentic cuisine of an Italian pizzeria, and a taproom style selection of local and other craft beer. The venue, known as Bottled Blonde, will provide an ideal spot for friends and neighbors to gather during the day to watch sporting events or just relax and enjoy all Wynwood has to offer. During the evening, Applicant will play music for dancing while patrons enjoy a menu of specially curated cocktails. On weekends, Bottled Blonde will offer a special brunch menu and display sporting events on large projector screens. Applicant's venue can accommodate a capacity of three hundred fifty-two (352) persons.` More information on Applicant's operational plan is attached as PZD-05. Zoning. Reservation The Applicant has reserved the use of an alcohol service establishment, and the placement of a State of Florida series 4COP-Quota alcoholic beverage license for the service of beer, wine and liquor at the Property. See Alcohol Reservation Letter dated January 15, 2020 attached as PZD-06. Parkin Director. Specifically, Applicant is planning on installing glass garage doors on the Property along the facade facing NW 2nd Avenue, and a solid garage door at the corner of NW 2nd Avenue and NW 29th Street. This is part of Applicant's design theme. This feature will not facilitate outdoor dining or egress/ingress into the Property; rather, it will allow fresh air into the establishment and provide patrons with an enjoyable view of Wynwood. The garage door at the corner of NW 2nd Avenue and NW 29th Street will feature a mural, as required by Thor's final warrant, with a distinctive, high -quality, rotating art mural program in place. 2 The referenced capacity of three -hundred fifty-two (352) persons, as set forth in sheet LS-201 Life Safety Plan, includes a patron seat count of two -hundred three (203) (see A-301 Furniture Floor Plan) and one -forty-nine (149) back of house personnel. 3 For information pertaining to Landscape and Irrigation Plans, please refer to the attached Wynwood Warrant and Waiver Final Decision 2017-0044 and associated approved plans attached as PZD-03 and PZD-04. 52083869;1 Page 3 Pursuant to a 30% reduction in parking requirements obtained by Wynwood W Warrant and Waiver Final Decision 2017-0044, and due to its location within a Va mile o Corridor, 30 parking spaces are to be provided on -street for the development. See Warr Waiver Final Decision 2017-0044 attached as PZD-03. Also attached are copies of the Miami Parking Authority On -Street Parking Verification Letter dated June 22, 2017 (PZD-07) and City of Miami Permanent Off -Street Parking Certificate Waiver dated February 21, 2019 (PZD-08). Of these 30 on -street parking spaces, 3 spaces are allocated to the establishment.4 Additionally, due to the availability of on -demand ride share companies like 'Ober and Lyft, and multiple public parking garages and lots within walking distance of the establishment, the available parking is more than sufficient. This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body AU renew the information at the public hearing to render a recommendation or a final decid on. PZ-20-6099 12/07/20 Conclusion Enclosed for your review is an application package for an Exception for Alcohol Beverage Service Establishment. We believe that Applicant's venue will be a welcome addition to the innovative Wynwood Walk development. As such, we respectfully request your prompt review of the enclosed materials. In the meantime, please do not hesitate to contact me should you have any questions or requests for additional information. Ian G. Bacheikov STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 2nd day of June, 2020, by Ian G. Bacheikov, Esq., as Attorney for Bottled Blonde Miami, LLC, who is personally known to me or who has produced a as identification. NOTA Y PUBLIC Print N e: My commission expires: «+'%% •. RITA SILVA t MY COMMISSION # GC 363153 EXPIRES: December 4, 2023 ;E P Ft°"Bondad Thnd Notary Public Undenatitets A Per the Parking Requirements set forth in the Zoning Information / Project Data contained in A-11 & A-12 of the enclosed warrant plans (PZD-04), thirty (30) on -street parking spaces have been allocated to Wynwood Walk, which includes a net lot area of 71,493 SF. The subject establishment has a net lot area of 8,285 SF. Based on the above, three (3) on -street parking spaces are allocated to the establishment pursuant to the Plans. 52083869;1 g- LOT-1 BLOCK-18 LOT-24 BLOCK-18 METER GRAPHIC SCALE h r �� TREE TABULATION DATA: TYPE 307 173 TREE PAIN PAM COCONUT 175 In 177 TREE TREE 13 10 COCONUT In 180 188 160 1. 1. 121 TREE PAIN 18 10 10 10 10 COCONUT TIE E PAW 10 la 13 10 ID PAIN PALM PAIN 19 10 la 100 107 TREE 10 COCONUT 210 211 212 TREE TREE 15 12 10 10 COCONUT PAW TREE 12 10 G2c41 219 210 TREE 15 1b COCONUT PAIN COCONUT 19 10 10 maser 291 PAM PAW 10 13 TREE 10 10 ID TREE MEE COCONUT 291 NAM PAM TREE 19 10 12 10 15 10 10 15 10 COCONUT 217-323 331 LOT-8 BLOCK-18 LOT-17 BLOCK-18 10 PAM TREE RPM PAIN PAW PAW PAM 19 13 LOT-7 BLOCK-18 L0T-18 BLOCK-18 12 LOT-6 BLOCK-18 1-STORY STRUCTURE #239 I BUILDBUILDING HEIGHT 23.3' ING FOOTPRINT AREA = 17,735 /F d4� Trzrzar man " ORIGINAL A12111-0E-W2r LINE LOT-5 BLOCK-18 LOT-20 BLOCK-18 U 81 2945301 Mak N.W. 29th STREET NT_ 222 METER NOSE BIB 1-STORY STRUCTURE R230 BUILDING HEIGH111 = 213' BUILDING FOOTPRINT AREA = 7,899 5/9 TiLED SURF 332.94' ® U x 2 CUPS k 2.111E 14101L PUBLICM2P,-a-,, CUR1 x GU 182.46' . STCP 90� R=25.00' �VB'45' ® IIIIIII I�f,IAA 33' 1-STORY STRUCTURE R2838 BUILDING HEIGHT = 21.3' BUILDING FOOTPRINTI AREA = 8,899 S/F LOT-2 BLOCK-18 1 & 2-STORY STRUCTURE #2800 BUILDING HEIGHT = 37' BrDING FOOTPRINT AREA = 21,94/ 0/F L01-22 LOT-23 BLOCK-18 BLOCK-18 N.W. 28th STREET kg =25.00' 89 36'12*, 5 Jon .k J? 2.21'1/122\220 NW 29 SI LEA. PLUMBING \20 NW 29 STREET LOCATION W.I. LOCATION MAP NOT TO SCALE PROPERTY ADDRESS FOLIOOL PROPERTY ADDRESS ON Note: Folio numbers pre,ously known 329 NW 28 STREET 01-3125-024-3150 2818 NW 2 AVENUE 01-3125-024-3180 LEGAL DESCRIPTION Lot 1. LESS the Eost 10 feet thereof. all of Lon 2. 3 ond 4. in Block 1B of "NORTH:. BOULEVARD TRACT". occording to the plat thereof os recorded in Plot Book 2, at Page 29, of the Public Records of Miomi-Dade BOULEVARD Florida, drug to the Plat thereof, os recorded Plot Book 2, at feet an of 1. tangent to the Count); North Il sne , s aid Lot 1. in Black in concave o the and b Southwest tangent and having o a a line to radius 100feet West of and parallel with the East line of said Lot 1. TOGETHER WITH: Lots 18. 19 and 20, LESS the South 9.90 feet as per Official Records Book 3266, at Page he Public Records of 0sold Lot 24, in Block 15 of "NOFtTHERN BOULEVARD TRACT", according to the plat thereof as recorded in Plat Page lying2 -D ext circular eeni within said Lot 24, soid curve 10 being caavingeo feel and being LEGEND SURVEYOR'S NOTES 1- The above oned described based on the above Legal Des.pttonr Provided bty was y Client. -----w orneoen Line me - This Certification of n is only for Title. Zoning. osements, or Freedom of Encumbrances ABS,ACT NOT ------ G2m 3- T addit mv Fenee REVIEWED. Lonoll Restrictions not s n this surve,y that iyl—- Mo eni bae if any affecting this property 4 -Centerline The on UlO positional accuracy well-defined Improvement on this survey is i4L P accuracy elevations of yell-defned improvement on this survey is I. s A/�+ - +/ he/Dr boundary lines of the parcel herein des.bed ore not shown hereon. Eal =Co. Bon C.". 7.1'1e1e 6- Not valid without the signature and the originol raised seal of a ® __ - "t Surveyor p signing party ®Electfic FDH - ° per Addltions or deletions to survey o I 1 �Mout Rten c en\ of the Ignl party or party 7 _son = Elevation _ _ the Underground utilities ore not depicted hereon, conto, the e o-outhoritY Prior to any 744-ngihtn2. F.P L. owe 9 rthla suhereln dish does notddeterescribed. Surveyor m work nmed�ed d/or wall ownershipas to ony . from w2 . mre (P) -P 110-Dwnersnle of srsubjects to OPINION determine TITLE. ® -III o -o. 1 _: BOUNDARY . of PLAC " accordIng to the plat thereof as recorded In Plot Book of . Florida. ®= B FIFE/RR P�n/rsmnr t Page mEeasurementsP shocwF hereon are made in a cordonce with the °� oae _ 3 United States Standard Feet pK-Man olw Dla=Diameter 10- Community/ Panel 0120650/0312/L Dated. 9/11/2009 Flood Zone: "2" Bose Flood vation = N/A ®==lnan�mr well 1 = = 144 square net e0 5+ This BOUNDARY SURVEY has been prepored ` ace or the e xcluslve use of the entities n hereon. The Certificate does not extend to y m unnaed orta e SURVEYOR'S CERTIFICATE: HEREBY CERTIFYThat this Survey meets the Intent of the requIred Stonclards of Practice as set forth by the Flordo . Mappers in Chapter 5J-17, Florida Administrative Code, pursuant Board Sectiilon 472,027,ulFlSoridaa Surveyors s Not valid wlthouthe d he o.lnal ratsFloridalce s Surveyor a r delegoegeta d without signing p written consentnor tees party, survey other than the Digitally e Jacob Jacob GOm5 2.07 For e arm Poet ana sureryytd� Date: 2020.1 'c p av 1rs0-05'00' RECORD OF REVISION 80 W >- Cn 0 z Lg 0 CO C2 J J Yn 0 _ o J E 08 zm } [Y � 0 9- DRAWN: K2. CHECKED, PJA SCALE AS NOTED FIELD DATE: 11/07/2019 SHEET: 1 OF 1 SHEET 2227 21131 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _ ABBREVIATIONS DRAWING INDEX O PUBL/C 4O y� G _ DJ DI INSUL Bottled Blonde -_ 0 __ , ° n NOTICE Wynwood Walk SHEET - �o COVER SH�aPROBECT DATA/LOCATION MAP • B a - BUILDLOCKING Restaurant s� PZ-26-66999 sHOLU A,GG 'A , - PHONE avmrso �RFVIEW 2800 NW 2ND AVENUE"ARP MIAMI FL 33137 ," REFLECTED CEILING PLAN co ° E �;a BUILGINGELEA-.NG-PROPOSED a/k/a 239 28th ST, 2, Space NW Building E MIAMI FL 33137 Date Date - P DESIGN DEVELOPMENT - Eo,CAR°, EB' H December 23, 2019 - A A A A PM A DE `"""'"ATEPO PLASTIC ARCHITECT OWNER STRUCTURAL ENGINEERS MEP ENGINEERS . A PO °""'E KOBI KARP ARCHITECTURE EVENING ENTERTAINMENT GROUP YOUSSEF HACHEM FRANYIE ENGINEERS, INC. . A - ATED wING UARRYTLE AND INTERIOR DESIGN, INC. 7340 E. INDIAN PLAZA CONSULTING ENGINEERING 10610 N.W. 27th Street - 0 Eivii A A _ aN RI 2915 Biscayne Blvd. Suite 200 Scottsdale, AZ 85251 99 N.W. 27th AVENUE Miami Florida 33172 _ A A Miami, Florida 33137 Miami Florida 33125 Tel (305)592-1360 X27 - REINwacEO DON°. EXECELEV., EAOwEI, Tel. (305) 573-1818 Tel: (305) 969-9423 " EON EE HEAD ELEC.00F Fax. (305) 573-3766 SIL EMS RETA ROOF R° ROOM FOLIO # 01 3125 024 3040 - TE"`FADE" - Bottled Blonde " EIREExISHERHER `MANHOLE INTERIOR FINISH CLASSIFCATION REQUIREMENTS GENERAL CONSTRUCTION NOTES SCOPE OF WORK LEGAL DESCRIPTION Restaurant TH SEC,ION,O3 ARE PERMITTEOAS E°«Ows. CO O. -FLUOR L. G S SPECIF(CATIONS R'N"LE"REoucnON-cass A.B°RCIPO EINSUREOTO MEETTHERE°UIREMEN,S OEMIAMI oaoE EIxTURES"EE"E. REFER TO NOT, UMBING PL O"FLASHfi5 - WYNWOOD WALK TEO EL D STANDARD .OTHEas RSPACES-CsACL�S B, OR CLASSC , II THE ON, THE GENE"� OF ""ANOINBTALLATIONOE ExHAUG, FANS AND APPLICABLE CODES/OCCUPANCY239 NW 28 St, Building 2, Space E - Miami, FL 33137 l'ILEI' TO TZLTP !EHHC-Hr= H3HOHFHT,;EHFHFHPHLEI=RES MATERIALS FOR INFERHDR WALL OR CEILING TO BE TESTED AND P OPROLIE,400 OF TEST OF SURFACE BURNING CHARACTERISTICS OFSL/11_01,16 rl lik HE PR " UBM OF C P TOT. ACC C CA EUTHORIZED PERSONNEL FROM ACCESS TO CONST,CTION UC-'‘' 10 D " , DE,C.H1,1THHIS PERMR SET FBC LEVEL OF .i .ATION: 8 0 LDI „ „ ''' _ D T B. DD ECT OWS 0 B ED 1 , TH , .9 OR SPE . THE EXISTING FLORIDA BUILDING CODE ,FBC 20, _ ,„ NIG „ TIO D Ho . '127PP.G7lON OF FIRE IN ANY ELEMENT THEREOF WHEN SO TESTED RAM AD VELOPMENr.B.w "UBC N OR D R1OR TO BIDDING. VERIFY INGTO PREVENrg7EDEeRS ANo nLSTEROMTHE PREMISES BE. SECTION S032 -APPLICATION ALTERATroNSSHALL COMP, WITH THE PROVISIONS OF CHAPTERS. THPE NEE INCAN ER MAIN NEPA,a,. CHAPTER REHABILITATION:3- BUILDING REHABILITATION: ZONING INFORMATION - Em„ems EXISTING BUILDING CONSTRUCTION SAMPLES°RAPPROVAL.INwRITINGTOH=ESu PR C H TO MtS.ETHELOBIIrS IT' oENsm.,sB uwCRE MAx. em m.s.n�.e E.g�.�nre.I.= - EIGHTS COR SHE II N TEOI REOUIREOEOR THE COMP aoANnNI THESE 9 NW 2 th STREETTHE "''S3 MusT BECO THE A-r ACENT NalcrwlTH THE ExISINC ANOTHE NEw. HE SHAu - Pc.sEcnON,0 Taas INDICATED eELOw. HE CT RIN wPERLOBe ELOD ION .,BoLESS THAN o a: w,C MEZZANINS-E EATION 10 DI NO HA CM BUT LESS THANGcs w/cxr MOLLEO FOR WHERE OAMAGESNOT REPAIFABLE, NEw ITEMS it .aow NG,. VIE CTIO . CON! D F TO BLONDE �H1:1i I,I'I{I - ,. i I, ,5e , I. _ Email mmi2m r m ST,CTUA, EL E,N, ,TABLE FLORI A BUILDING CODE 501 : FIRE RESISTANCE RATING REOU REMENr FOR BUILDING EL MENTS BEEN REaU ucnON:HALL PROJECT SITE - 'g...R I �I A N Z W RE UIREo PRO MATERIAL D TO U, ECT II > _ TOARCHITECT,ENGINEER BEFORE PR DI wITH wOR"ANo RE°UEs, 1✓ Q ALLS , AND xT.I 3HR. 3Ha ETHOU3FOCMAHE.TE oNHE3�3TANCE OFCnMPouENT3 of - D - Email -NON-COMBUSTIBLE !M.!BEARI N-BEARING FL., iHR. zHR. CONC. UP.. FOR ON Will ALL } 1_, I„� ,r„ Z N . 3HR. LONG ITHZT-I0.srA,voA3mmerHOOs oFFHETE3.3FOHF3AME=3=a'"GSYMBOLS SHALL BE ETA: PUN,. IN CONCEAL GPACEPoU APPLICABLE ACODES/ °CCUPFS ANCYSEPARATON" PROTECTION R,UI,MENTS. LEGENDS" OCCUPANCYE 'I. 0 . " �••.7 4 Z, a Z Z Ema R,ur�C PROVIDED "��'AT°"B .0. OCCUPANCY CLASSIFICATION : 0 ®C ISEPaw,TON N FIR KEYNOTE COM, F ,aBB •� EW,ao�CORRIDOR N FIR CD. MORI. CUP� sAaCTPE�, Nw,TURE usEP..�BYRGHT BLSHM�TwH `��� STAIRWAY SETRLNUMBES �0 P00 OE THIS PCNN) ® • _ STAIRWAY D.,„"HR „aHR �GBERaB EN,ANU°THExAsEMBLYINCU,UING 2020.0 N FIR SECTION DUALS fl GBUS,S PARFOET FBPERMIoa US, 3 a 5.26 K 0 B ENCLOSURESM DETAIL MR. NGAG UNTGINGLUGING I 15:54:1 �'y _ FIRE BLOCKING F.ILIMME Al rA FLEA, LEUNG sHREQUI E,T,�� .10 PEREB°,TRNO His B G B R wB 8� 1 GSH°PPINGGEMERs �L aGGE°PR�P�LITI� A fiJ 004�00' KOBI K A H P MEE OAOR ORB OIORI, NA �,1 LIFE SAFETY PRECAUTIONS DURING DEMO COVEDATA,EUGnT vclaBErFamn B.m OM r _---_] _ PRoJecT UN MAP w,NB3R�B�,,HTEL� 3ISGB���A3�� RSATLEVELxwHEREwOR"IxBEINGPERPORMEGANGGNc°AEREGA�.EREAGHw°R"GA�s i TE L ATI N PLAN S OC O A000 AREA OF WORK iNIIIIi� ilar1 MIAMI ZONING DESIGNATION MAP City of Miami • Pero.aoeaf Off -Street (IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Parking Certificate of Waiver su..p.&tRe x¢mum ov,vays tt.tos. ( PwmaomtWaiver, mregmrea off... t wmng.lhoa rhopmr ee.. Vo.wltrbi.wm mby Tree. a�tersswv ne,x moms atrca ;ail.. a.� �I....... designee ran n <mBnAttodImsxemmex y Prove ugamresa 225,13d w.wa owetea,vc mm.esaardmlm�wa. rorew.rw,m zs.na. Property own.,+n wan. Address 21.232,1428 PtoPetrown +Tammo F:tiiirotItSr.tto 4otwa,.,t>M.,, ProPotht sun.. muowm¢Iremmom, gm+ebntwmmwm.remmum 3524 nvali®t. as D. Amor.. rm... m mmmt ymerr Payment Nwe been 4562E holm me aaµym or the a®w..tmP.yem tnl,him�M). z� rpmrtr, of a w.xm renm•t with the Director of Planning end Zoning, this Permanent we.Pmpmy Pmrdedat, VP.. not otbb. thhtm:.om «. es _ me mmx5. «a Pm m Port 3, I). IliadermmmleCwfimeCity a Waiver Ault be applicable only to me allowable honing ux mT m m.M�.mwmxw5,ttw4mBmerm*grompnum rnY mm,o eamm mefi�t�. �,Inem �I wt. the e u .ma... ert.M.hme.am,�toCh.�a,At.d.Veh We &ZONING CRY OP MIAMI • DEPARTMENT OF PLANNING avo Not, aiwa ZONING INFORMATION ,R...., NAME BQTrLED BLONDE RESTPU..NT a.us N.'8 St. S.I.D V.. E.ama. EL'na xET,nTAua e,has sE toESA SITE REQUIREMENTS 13, LOT WIDTH 50 FEET MIN EXISTING BUILDING 'BO% FLEXIBLE OPEN SppCE PROGRAM ,88. SFX 0 e = 8 oDISF NI.,, 1 [mot TaAT s run ADDITIONAL PUBLIC GENEFR EXISTING BUILDING sory BUILDING HEIGHT P, MIN HEIGHT 2STORIES I, mex HEIGHT 8 STORIES EXISTING 1 STORY SETBACK REQUIREMENTS ALL°.ED' REQUIRED PROPOSED A, PRINCIPAL FRONT-... z nn C,SIDE ,VEST, DISIDEtT«STI to FEET MIN. FEET MIN 0 FEET MIN T MIN Nw xw T6E80 PARKING REQUIREMENTS PRE, UNIT PARKING ..TE REQUIRED PROPOSED 3 PS ON ET , BICYCLE RAa<SPACES FOR EVExrzoVEIwLREABREAKDOWNx PAC ,Pic' NET RE FOOTAGE ON, NET LOT AREA BFDINING 0,725 SO FT BUILDING AREA 8,890 BF RESTROana DOH 1 675 SO FT ACTUAL GP FT 9,088 SF TOTGL 0,205 SO FT • WARRANT FINALDECISION z„Tss,. 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Date Rev Date 0 A A A A A A A A - Bottled Blonde _ Restaurant - WYNWOOD WALKG Miami FL 3313] 2020.05 .26 15:55:0 6 -04'00 Lc it <RH-12578 KO B rA K A R P _ PROJECT DATA Al 00 BOH 00 STORAGE Fl II III 11,!!1!!!!1.1.1,!1j,11.0MMMIM11111111j1111111111111111111111111.1111111111,i1111111111111111111111111111111111111111 BOH STORAGE F2 LIs". IXISTING STOREFRON TO BE BLOCKED OUT I .4,NED DIST00INRGs TS0TOBREERFER.00NT,D HW RISER DOSTING STOR AND DOORS TO RONT EMN N GENERAL CEILING NOTES FLOOR PLAN LEGEND FLOOR PLAN NOTES =7" TYPICAL FINISH LEGEND FLOOR WALL GWB - GYP WALL BD CT - CERAMIC TILE PT - PAINTED PT - EPDXY PAINT OVER CONC CT - CERAMIC TILE CA - CAR, WT - MARBLE TILE WO - WOOD WC - WALL COVERING BASE ST - STONE PANELS CEILING N - NONE CT - CERAMIC TILE GWB - GYP WALL BD WO - WOOD SC - SKIM COAT MTL - METAL C - CONCRETE EXPOSED R - RUBBER COVE BASE AC - ACOUSTICAL TILE PT - PAINTED PT - PAINTED E "ENT E EFE,E7u- =::=ENnTrA,L. Eg=rs.p'EARv=gmENT E0rsrETGsroREERoNr AND DOORS TO BE REMOVED E ETO REMIN E E E_S,T=LE,TRICAL sER—E E FET.F. DININS AREA F2 6" STEP (r, ) CEILING LINE (ABNE) DINING AREAPT "..21.111119111.1•11.11.111.1111.1E1 ESISTIN TOE 12. 0 WIDE GARAGE DOOR sr, ) CEILING LINE (ABOVE) STOREFRONT OCKED OUT FPL IlUr0 FLOOR PLAN NET SOLIAREoF,o0,0oTrE, s sss RE"R'Cgl -1.,F7Pq FFT KITCHEN 1 z9o. SO FT TOTAL 0,205 SO FT Date Rev Date A A A A A A A A A A A A A A A - Bottled Blonde _ Restaurant - WYNWOOD WALK 239 NW 28 St , Building 2, Spa. E — Miami, FL 33137 2020.05 .26 15:56:3 7 -04'00 KOBI KARP Lic it ARCO-125M KO B rA KA RP _ FLOOR PLAN A300 1111111111 171 rivgi'.411111 ▪ 4+ThiY-1 0 NOT PART OP THIS PERMIT LIMIT OF WORK FOR THIS PERMIT sFe Re, A A A A A A A A A A A - Bottled Blonde _ Restaurant - WYNWOOD WALK 23s NW 28 St , Building 2 Spa. E Miami, FL 33137 2020.0 5.26 15:57:2 4 -0400' KOBI KARP Lc it ARCO-12578 KO B rA K A RP _ CONTEXT PLAN A300A EMPLOYEE BATHROOM LIQUOR STG J 1 WOMEN'S RI STRO IM DO SODA BOH STORAGE(#1 91111111111111111111111141111111111 CORRIDOR BOH STORAGE #2 GENERAL CEILING NOTES FLOOR PLAN LEGEND EE ENE o P=EGIuwuro ELEES u. nE PEEP. ES ..=1607.01 aR .6a,.ELF6P EGF SPGXSEPriaa.xa�xa � pEXISTING PG REAPGN 1 1 R.'S. aeui .US SPACE GP GM GUoxa�.. TYPICAL FINISH LEGEND WALL: GWB - GYP WALL BD CT - CERAMIC TILE WT - MARBLE TILE WC - WALL COVERING BD -SKIP COATWO C - CONCRETE EXPOSED FLOOR: WO - WOOD CT - CERAMIC I� - WOOD OFFICE N.I. OLER KEG COOLER UN SE BATHRFI 29 DINING AREA#2I A ENTRY CEI NG LINE (AB DINING MEA#1 101 CEILING LINE (ABOVE FPL FPL SQUARE FOOTAGE: INTERIOR 8,890 SO FT EXTERIOR N/A TOTAL 8,890 SO FT SEAT COUNT 203 TABLE COUNT 27 LEGEND: �O FURNITURE FLOOR PLAN Date Rev Date 0 A A A A A A - Bottled Blonde _ Restaurant - WYNWOOD WALPK a. E - Miami, FL 33137 2020.05 .26 15:58:1 1 -04'00' KO B rA K A RP FURNITURE FLOOR PLAN A3 01 BOTTLED BLONDE INTERIOR BUILD OUT SPACE EXISTING PAINTED STUCCO FINISH TO REMAIN s uRE so O EXISTING NORTH ELEVATION 3 EXISTING HT _///1 FIXTURES TO REMAIN EXISTING ALUM/GLASS STOREFRONT TO BE REMOVED OPENING TO BE BLOCKED WITH CMU REP STRUCTURAL DWG'S BOTTLED BLONDE EXISTING GLASS ALUM DOORS TO BE REMOVED OPENING TO BE BLOCKED WITH CMU REP STRUCTURAL DWG'S REMOVE CMU WALL AND CREATE 0 ENING FOR NEW HOLLOW METAL DOOR REP DOOR SCHEDULE EXISTING CONTINUOUS GUTTER EXISTING GLMER AND DOWNSPOUTS TO REMAIN A,� WITH DOWNSPOUT LEADERS AND .1. EXISTING DOORS PANELS �� STOREFRONT TO REMAIN Rv"P=� /���/ 'F� I I ( EXISTINGSTUCCO FINISH TO REMAIN 77/�J��'''''//J1•i• % % uui• NEW REP: ENTRY DOOR DOOR scHEDULE CMU WALL WITH UCCO FINISH TO REMaN EMSTING SPRINKLER ---------- RISER ( BE EMEVED. OPENING TO BE BLOCKE WITS CMU REP_ STRUCTURAL DWG S EXISTING CONTINUOUS GUTTER WITH DOWNSPOUT LEADERS TO REMAJ N EXISTING BUILDING OUTLINE BEYOND EXISTING FP&L PAD MOUNTED RANSFORMER CONNECTION I STRUCTURE 2 EXISTING SOUTH ELEVATION MOUNTED TRANSFORMER CONNECTION BOTTLED BLONDE EAST FACA E DOSTING EXPOSED TO REMAIN NEW GARAGE DOOR REP: DOOR SCHEDULE 1 EXISTING EAST ELEVATION REMOVE WALL & STRUCTURE REMOVE WALL & STRUCTURE k WALL & STRUCTURE REMOVE WALL & STRUCTURE EXIST CMU WALL TO REMAIN REMOVE �1 j, s Se y O EXISTING BUILDING ELEVATIONScALE. Date Rev Date 0 A A A A A A A - Bottled Blonde _ Restaurant - WYNWOOD WA PK239 NW 28 St , Building 2, a. E - Miami, FL 33137 2020.0 5.26 15:59:1 2 -04'00' KO B I KA RP _ EXISTING BUILDING ELEVATIONS A4 00 NEW GARAGE DOOR AT NW CORNER ANGLED WALL u u OP BOTTLED BLONDE INTERIOR BUILD OUT SPACE EXISTING BUILDING ROOF PARAPET EXISTING STUCCO FINISH PANTED REMAIN O PROPOSED NORTH ELEVATION NEW RTU'S LOCATION FOR RESTAURANT BUILD OUT REF MECHANICAL DRAWINGS FOR SPECS JL JL BOTTLED BLONDE INTERIOR BUILD OUT SPACE NEW RTUS LOCATION FOR RESTAURANT BUILD OUT REF MECHANICAL DRAWINGS FOR SPECS JL PROVIDESTOREFRONT GLAZING TO BE REMOVED (TVP SEE STRUCTURAL EWGS FOR REFERENCE) IXISTING STOREFRONT GLASS ALUM DOORS TO BE REMOVED NEW HOLLOW MET, DOOR REF DOOR SCHEDULE EXISTING GLMER AND DOWNSPOUTS TO REMAIN —ter __�__�__� II II II r III —� `__,`__,___i IiI� —� —� MI WALL WITH PAINTED STUCCO FINISH TO REMAIN SPRINKLER __,r II r I-- a@ o o00 II II / A _i s / STOREFRONT CNU IBaR.UTSruCrYP OPni0r. IXISTING CONTINUOUS GLITTER WITH DOWNSPOUT LEADERS TO REMAIN EXISTING BUILDING OUTLINE BEYOND EXISTING FP&L PAD MOUNTED TRANSFORMER 2 PROPOSED SOUTH ELEVATION EXISTING DOORS TO REMAIN NEW RT LOCATION RRESTAURANT BUILD MECHANICAL DRAWINGS FOR SPECS NEW ENTRY DOORS AND STOREFRONT OPENING EXISTING FP& PAD MOUNTED TRANSFORMER CONNECTION NEW CONNECTION OPENING ,-WVV REF DOOR SCHEDULE 1 PROPOSED EAST ELEVATION SC L EXISTING LONG T'S TO REMAIN EXISTING LONG EW GARAGE DOOR AT NW CORNER ANGLED WALL - PROPOSED BUILDING ELEVATIONS Date Rev Date 0 A A A A A - Bottled Blonde _ Restaurant Construction Documents - WYNWOOD WALK - Miami, FL 33127 2020.0 5.26 17:35:3 9 -04'00' KO B Al a K A RP _ PROPOSED BUILDING ELEVATIONS A4 10 LIFE SAFETY LEGEND NFPA 101 TABLE A7.6 — 2 — — 3 — CD 25 25 =HFC.OVOLLP6E,SQUARE FEE. El> CH FE EIAVEE'BEP':ErEEgIENAE A EH EHnPEGOVEVEEREEGE B.MIL, PALM. Ar 'Er TE NI'Zsc:-Tt."2-gn ▪ r,ncErozN.nygm7w.J.GoNNA.2-rE * Ern E'ECHAREE PAPP OF PREVEL TRAVEL DISTANCE, DEAD END LENGTH, EMT AND MEANS OF EGRESS WIDTH (FLORIDA FIRE PROTECTION CODE) '.1.11111"11:1111r 111" .71= =14 LEVEL SPARS Eam14, .,'EEEEXHIPLEE E PE, 125 00 00 00 00 00 00 00 OCCUPANCY LOAD 111 "11071'1 FINISH CLASSIFICATION MINIMUM FINISH MATERIALS CLASSIFICATION (NFPA -101 LIFE SAFE, CODE) 2018 OCCUPANCY =N17 I. LES ACCESS TO EXITS CEPIER SPACES FINISH MATERIAL NOTES EFREBEREPE=EGA=CriLMEEZZLEPERCEEFEET 10113.11).0 M21,g1r1;47 IHAEBCSETELIEECEELLLESrE F'OLBE:E1,1:01: E :TC0L,LrBB B MOLLER._ REOUIREELEPERE PPE BUILDING I.CEEES TLE0 :=TCRI,L0T,T1,0FIE;c1r1 MOLLER.. SPELL BE PERMETED VL0-1-1A,ESEC;PE4 OCCUPANCY FEEFF: APPLICABLE CODE PPE LIFE SPEEN PLEB LE 0.0013101L. OF =IV. IEEUE=E;LBIME EBILLEFEMIH. ..131100.113E P BUILDING CONSTRUCTION CONSTRUCTION TYPE ,PLORIE, BUILDING ODE, TABLES. TYPE I, SPRINKLERED GENERAL NOTES EFE111:=11F1V11-X1011,71111=11.11=11.1.111.1=1""11 =Ns,,r-s-RNaNcx%.F.,LzT;=EI,E.zo.-.4.1-0 EEPEEEH" HAVE 'AEA"' 'i°47"EE:GA°T'H'E"N T'11.11,111'...94,111.1'11117...1=-1.T1'11L PROVIDE OCCUP LOP. SIGNAGE TO ALL P POLICE WI. ELEGREEETLEVLEPTFEEEPPLE=TUNELLEIZEEEHZ0BEHLIE0r17F4IBHAECOACE=ABHECEALLESELEE0 BE A'EEEE CCHEHHCE'CH VEEH THE ARE EEENEEVEHE ca R CO Pox ENT i11.E.111,EFF==.2?-.11=1".M1=111= E. B - PON E NT - EENBEauEaF" E'REAE BIEER'EPEETREMVPEEPELEVE=DEE:APPEEMEZTION PEEH4LIBIMELPIPM BUILDING EEEEFBFFRFF'EH EAC0 PPP, LINN RETURN ONE EXPAUSTO. PLENUM Date Rev Date A A A A A A A A A A A A A A A Bottled Blonde Restaurant WYNWOOD WALK 239 NW 28 St , Building 2, Spa. E Miami, FL 33137 FENF'EEEPEPEN NG :1;11111. ',111:11 ',111:11 I11111111 2020.05 .26 15:55:5 2 -04'00' KOHI KARP Lic ARCO-12578 KO E. I KA RP LIFE SAFETY PLAN A201 This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. 2l2.535692 ,.�xi�,r.gRwnsn This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. This submittal needs to be scheduled For a public hearing in accordance with timelines set forth in the City of Mia mi Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. �:r *% III111 11'11 0 R `O NOTICE (This needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 This submittal needs to be scheau lee bra public hearing In accordance with timelines set -forth in the City of Miami Code. The app Bade decision -making bodywill renew the information at the public hearing to render a recommendation or a final decia on. Tit of A-u-t-ti BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 686343 Transaction Date: Apr 9 2020 10:01AM Permit Number: PZ206099 FEE SUMMARY NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill review the information at the public hearing to render a recommendation or a final decal on. PZ-20-6099 12/07/20 Melissa Fernandez-Stiers 239 NW 28th St. - Building 2, Space E melissa.fernandez-stiers@akerman.com (305)982-5669 Fee Category Fee Code Fee Description Quantity Unit Type Amount ZONING MS-071 PRELIMINARY PLAN REVIEW DRY RUN 30000.0000 SQ. FT. $1,500.00 Total : $1,500.00 Financial Transaction Search Results R+xpwcrerName I F•._•a Alefissa Femarsdez- 686343 Slteas Total results: 1 {305)982-5669 Address 239 NW 2511 St - Nikki Created On ApK191202310.01 Apr10912E2010: W Receipt Minter 20204010111-74 Receipt Date Apr7100020 14:03 Web J Total Amnuni 3t,500.00 la Pert Rev. Jul/02/2012 Generated on Apr/09/2020 10:00 AM 0 PU$�/ 4 0 4- Q. EXCEPTION FOR 4COP QUOTA ALCOHOLIC BEVERAGE LICE 239 NW 28 STREET, BUILDING 2, SPACE E, MIAMI, FL 331 BOTTLED BLONDE MIAMI, LLC PZ-20-6099 • PAP-01 • PZD-01 • PZD-02 • PZD-03 • PZD-04 • PZD-05 • PZD-06 • PZD-07 • PZD-08 • PZD-09 • PZD-10 • PZD-11 • PZD-12 • PZD-13 • PZD-14 • PZD-15 • PZD-16 • PZD-17 • PZD-18 INDEX OF DOCUMENTS NOTICE This submittal needs to be scheduled fora public hearing in accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-mahing body NC renew the information at the punt hearing to render a recommendation or a final decision. 44, 4't IEW CO ' PZ-20-6099 12/07/20 Exception and Warrant Application Letter of Intent Commercial Lease Warrant and Waiver Final Decision 2017-0044 Warrant and Waiver Final Decision 2017-0044 Wynwood Walk Plans Operational Plan Alcohol Reservation Letter PZ-19-5205 Miami Parking Authority On -Street Parking Verification Letter City of Miami Permanent Off -Street Parking Certificate Waiver Food and Cocktail Menu Complete List of all Folio & Property Addresses Special Warranty Deed Written Consent and Power of Attorney Proof of Lobbyist Registration Traffic Study and Traffic Circulation Analysis Supplemental Application for Alcohol Service Establishment Unity of Title Receipt for Exception Review Invoice WDRC Letter of Intent 51690555;1 4 (. ' 0 4- • PZD-19 WDRC Application • PZD-20 WDRC Design Concepts • PZD-2 1 WDRC Resolution for Recommendation • PZD-22 Narrative Responses to WDRC Recommended Conditions • PHO-1 Interior Photo • PHO-2 Exterior Photo 1 • PHO-3 Exterior Photo 2 • PHO-4 North Photo • PHO-5 Northeast Photo • PHO-6 Northeast Corner Photo • PHO-7 Northwest Photo • PHO-8 Southeast Photo NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-makIng bodywill renew the Information at the public hearing to render a recommendation or a final decision. 44, REVIEW CO' PZ-20-6099 12/07/20 51690555;1 C of pubicaring Karol Code The applicable 9d PZ-20-6099 12/07/20 THOR WYNWOOD WALK JV, LLC Landlord to BOTTLED BLONDE MIAMI, LLC Tenant LEASE c.bt✓ Dated as of September 11, 2019 The Premises located in the Building located at: 239 NW 28 Street Miami, Florida 983004.1 Table of Contents Tblissubroili nee... scbetlu led for pubic 9 will. Karol Code The applicable PZ-20-6099 12/07/20 Page DEFINITIONS. AS USED HEREIN' 1 ARTICLE I DEMISE OF PREMISES; TERM 5 SECTION I.I SECTION 1.2 SECTION 1.3 SECTION 1.4 SECTION 1.5 SECTION 1.6 SECTION 1.7 SECTION 1.8 DEMISE 5 TERM; COMMENCEMENT DATE; EXPIRATION DATE 6 LANDLORD'S WORK; TENANT'S WORK 7 COMMENCEMENT DATE 9 RENT COMMENCEMENT DATE 11 RENEWAL OPTION 11 REQUIRED OPENING 11 OPERATION OF PREMISES 11 ARTICLE II RENT 12 SECTION 2.1 SECTION 2.2 SECTION 2.3 SECTION 2.4 SECTION 2.5 FLXED RENT; ADDITIONAL RENT. 12 MANNER OF PAYMENT 13 CALCULATION OF ANNUAL FIXED RENT FOR RENEWAL TERM 14 PERCENTAGE RENT 14 OPERATING EXPENSES 18 ARTICLE III REAL ESTATE TAXES; INSURANCE 20 SECTION 3.1 TENANT'S TAX PAYMENT 20 SECTION 3.2 TAX STATEMENT AND TIMING OF TAX PAYMENT 21 SECTION 3.3 ADJUSTMENTS TO TENANT'S TAX PAYMENT 21 SECTION 3.4 TAX REFUNDS 21 SECTION 3.5 PRORATED ALLOCATION. 22 SECTION 3.6 TAX STATEMENT BINDING 22 SECTION 3.7 No RENT REDUCTION 22 SECTION 3.8 SURVIVAL 22 SECTION 3.9 INSURANCE PAYMENT 22 SECTION 3.10 NON-PAYMENT OF ADDITIONAL RENT 23 ARTICLE IV CONDITION OF PREMISES 23 SECTION 4.1 CONDITION OF PREMISES 23 ARTICLE V USE OF PREMISES 24 SECTION 5.1 Use 24 SECTION 5.2 PROHIBITED CONDUCT 24 SECTION 5.3 ADVERTISING 24 SECTION 5.4 ADDITIONAL PROHIBITED CONDUCT 25 SECTION 5.5 WINDOW CLEANING 25 SECTION 5.6 ADDITIONAL USE COVENANTS 26 SECTION 5.7 CONTINUOUS OPERATIONS 26 ARTICLE VI TENANT'S PROPERTY 27 SECTION 6.1 TENANT'S PROPERTY 27 ARTICLE VII UTILITIES 28 SECTION 7.1 UTILITIEs 28 SECTION 7.2 LANDLORD'S LIABILITY 29 SECTION 7.3 STOPPAGE OR INTERRUPTION OF SERVICES 29 SECTION 7.4 SPRINKLER 29 983004.1 SECTION 8.4 HVAC MAINTENANCE CONTRACT SECTION 8.5 VIOLATIONS ARTICLE IX COMPLIANCE WITH LAWS pKarol Code The applicable ubic hewing PZ-20-6099 12/07/20 ARTICLE VIII VARIOUS COVENANTS 30 SECTION 8.1 VARIOUS COVENANTS 30 SECTION 8.2 REPAIRS BY LANDLORD 35 SECTION 8.3 REPAIRS BY TENANT 35 36 37 37 SECTION9.1 COMPLIANCE WITH LAWS 37 SECTION 9.2 FIRE RATING AGENCIES 37 ARTICLE X ASSIGNMENT AND SUBLETTING 38 SECTION 10.1 ASSIGNMENT, SUBLETTING AND OTHER TRANSFERS 38 ARTICLE XI CHANGES BY LANDLORD 44 SECTION 11.1 CHANGES BY LANDLORD 44 ARTICLE XII CASUALTY 45 SECTION 12.1 DAMAGE GENERALLY 45 SECTION 12.2 EXPRESS AGREEMENT 47 ARTICLE XIII CONDEMNATION 47 SECTION 13.1 CONDEMNATION 47 SECTION 13.2 AWARD 47 SECTION 13.3 CONDEMNATION FOR A LIMITED PERIOD 47 ARTICLE XIV ACCIDENTS TO SANITARY AND OTHER SYSTEMS 48 SECTION 14.1 ACCIDENTS TO SANITARY AND OTHER SYSTEMS 48 ARTICLE XV SUBORDINATION; NON -TERMINABILITY OF LEASE 48 SECTION 15.1 SUBORDINATION 48 SECTION 15.2 NON -TERMINABILITY OF LEASE 49 ARTICLE XVI RIGHT TO PERFORM COVENANTS OF TENANT 50 SECTION 16.1 TENANT'S DEFAULT 50 SECTION 16.2 PAYMENTS 51 SECTION 16.3 ADDITIONAL RENT 51 ARTICLE XVII ESTOPPEL CERTIFICATES 51 SECTION 17.1 ESTOPPEL CERTIFICATES 51 ARTICLE XVIII CONDITIONAL LIMITATION 52 SECTION 18.1 CONDITIONAL LIMITATION 52 SECTION 18.2 LEGAL AND OTHER COSTS 52 SECTION 18.3 CROSS -DEFAULT 52 ARTICLE XIX RE-ENTRY BY LANDLORD; DAMAGES; END OF TERM 53 SECTION 19.1 RE-ENTRY BY LANDLORD 53 SECTION 19.2 DAMAGES 53 SECTION 19.3 RENT ACCELERATION 54 SECTION 19.4 OTHER REMEDIES 54 SECTION 19.5 RIGHT To INA,TrcTION 54 SECTION 19.6 CERTAIN WAIVERS 54 ARTICLE XX NOTICES 55 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 SECTION20.1 NOTICES 55 ARTICLE XXI MISCELLANEOUS 56 SECTION 21.1 LLMITATION OF LANDLORD'S LIABILITY 56 SECTION 21.2 ENTIRE AGREEMENT 56 SECTION21.3 NO WAIVER, ETC 56 SECTION 21.4 ORAL MODB'ICATION 57 SECTION 21.5 SURRENDER AND HOLDING OVER 57 SECTION21.6 SEVERABILITY 58 SECTION21.7 ATTORNEYS' FEES 58 SECTION21.8 BROKER 58 SECTION 219 SUCCESSORS AND ASSIGNS 58 SECTION21.10 CONSENT 59 SECTION 21.11 POSTPONEMENT OF PERFORMANCE 59 SECTION 21.12 EXPRESS PROVISION TO THE CONTRARY 60 SECTION 21.13 EARLIER LEASE EXPIRATION 60 SECTION 21.14 No AIR RIGHTS 60 SECTION 21.15 INFORMATION REQUESTS 60 SECTION 21.16 OFFER 61 SECTION 21.17 INTENTIONALLY OMITTED. 61 SECTION 21.1E COUNTERPARTS 61 SECTION 21.19 RULE OF CONSTRUCTION 61 SECTION 21.20 SAFETY AND SECURITY 62 SECTION 21.21 ADDITIONAL REPRESENTATIONS. 62 SECTION 21.22 REQUIRED DISCLOSURE ON RADON GAS 62 ARTICLE XXII QUIET ENJOYMENT 62 SECTION 22.1 QUIET ENJOYMENT 62 ARTICLE XXIII ALTERATIONS 62 SECTION 23.1 ALTERATIONS 62 ARTICLE XXIV HAZARDOUS SUBSTANCES AND WASTE 66 SECTION 24.1 DEFINITIONS 66 SECTION 24.2 TENANT'S REPRESENTATIONS 66 SECTION 24.3 NOTICES 66 SECTION 24.4 INDEMNIFICATION 67 SECTION 24.5 LANDLORD'S CONSENT .........67 ARTICLE XXV SIGNAGE AND ACCESS 67 SECTION 25.1 LANDLORD CONSENT TO SIGNAGE 67 SECTION 25.2 INTERIOR DISPLAYS AND SIGNAGF 68 SECTION 25.3 FAOADE CHANGES 68 SECTION 25.4 VIOLATION OF REQUIREMENTS 68 SECTION 25.5 REMOVAL OF SIGN 69 SECTION 25.6 SIGNAGE REPLACEMENT 69 ARTICLE XXVI LATE CHARGES 69 SECTION 26.1 LATE CHARGES 69 ARTICLE XXVII EXCAVATIONS 70 SECTION 27.1 EXCAVATIONS 70 ARTICLE XXVHI SECURITY DEPOSIT 70 SECTION 28.1 SECURITY DEPOSIT 70 ii 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 SECTION 28.2 TRANSFER 71 SECTION 28.3 No ASSIGNMENT 71 ARTICLE XXIX CONDOMINIUM 71 SECTION 29.1 CONDOMINIUM 71 ARTICLE XXX INTENTIONALLY OMITTED. 73 ARTICLE XXXI TAX AND ENERGY INCENTIVE PROGRAM 73 SECTION 31.1 TAX AND ENERGY INCENTIVE PROGRAM 73 ARTICLE XXXII ANTI -TERRORISM REQUIREMENTS 74 SECTION 32.1 ANTI -TERRORISM REQUIREMENTS 74 ARTICLE XXXIII GUARANTY 74 SECTION 33.1 GUARANTY 74 ARTICLE XXXIV NO RECORDATION 74 SECTION 34.1 No RECORDATION 74 iv 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 0CGµ// LEASE (this "Lease"), dated as of September i 1 , 2019, between THOR WYNWOOD WALK JV, LLC, a Delaware limited liability company, having a mailing address at c/o Thor Equities LLC, 25 West 39th Street, 2nd Floor, New York, New York 10018, ("Landlord") and BOTTLED BLONDE MIAMI, LLC, an Arizona limited liability company having a mailing address at 5830 E Caballo Drive, Paradise Valley, Arizona 85018("Tenant"). WITNESSETH: WHEREAS, Landlord is the owner of the building (the "Building,") located at 239 NW 28 Street, Miami, Florida; and WHEREAS, Tenant is desirous of leasing a portion of the ground floor, commonly known as "Restaurant Retail Space — E" within the Building, and Landlord is willing to lease that space to Tenant, on the terms and conditions hereinafter set forth. NOW, THEREFORE, Landlord and Tenant agree as follows: ARTICLE OF DEFINITIONS Definitions. As used herein: "Act" shall have the meaning set forth in Section 29.1(A). "Additional Rent" shall have the meaning set forth in Section 2.1(B). "Alterations" shall have the meaning set forth in Section 23.1(A). "Annual Breakpoint" shall have the meaning set forth in Section 2.4(A). "Bankruptcy Code" shall have the meaning set forth in Section 15.2(A). "Building" shall have the meaning set forth in the Preamble. "CAM Cap" shall have the meaning set forth in Section 2.5(A)(1). "Capped CAM Costs" shall have the meaning set forth in Section 2.5(A)(1). "Cancellation Acceptance" shall have the meaning set forth in Section 5.7(A). "Cancellation Payment" shall have the meaning set forth in Section 5.7(A). "Commencement Date" shall have the meaning set forth in Section 1.4(A). "Condominium" shall have the meaning set forth in Section 29.1(A). "Condominium Documents" shall have the meaning set forth in Section 29.1(A). 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 "Control Area" shall have the meaning set forth in Section 5.1. "Cure Period" shall have the meaning set forth in Section 16.1(A). "Declaration" shall have the meaning set forth in Section 29.1(A). "Destruction Date" shall have the meaning set forth in Section 12.1(13). "Disbursement Request" shall have the meaning set forth in Section 1.3(C)(4). "Environmental Laws" shall have the meaning set forth in Section 24.1(A). "Existing L/C" shall have the meaning set forth in Section 28.4 "Expiration Date" shall have the meaning set forth in Section 1.2(A). "Fixed Rent" shall have the meaning set forth in Section 2.1(A). "Gross Revenue" shall have the meaning set forth in Section 2.4(C). "Guarantor" shall have the meaning set forth in Section 33.1(A). "Guaranty" shall have the meaning set forth in Section 33.1(A). "Hazardous Substances or Waste" shall have the meaning set forth in Section 24.1(A). "HVAC" shall have the meaning set forth in Section 8.3(A). "Incentive Programs" shall have the meaning set forth in Section 33.1(A). "Issuing Bank" shall have the meaning set forth in Section 28.1. "Landlord" shall have the meaning set forth in the Preamble. "Landlord Parties" shall have the meaning set forth in SECTION 8.1(J)(l)(li). "Landlord's Work" shall have the meaning set forth in Section 1.3(A). "Law" or "Laws" shall mean all laws, codes, rules, statutes, ordinances, requirements and regulations of all federal, state and municipal governments, and the appropriate departments, commissions, boards, and officers thereof, and in accordance with the orders, rules and regulations imposed by any applicable fire rating bureau or other body exercising similar functions in connection with the Premises. "Lease" shall have the meaning set forth in the Preamble. "Lease Term" shall have the meaning set forth in Section 1.2(A). 2 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 "Lease Year" shall mean, for the first Lease Year, the period commencing on the Commencement Date and ending on the last day of the month of the following year in which the Commencement Date occurs; and for any subsequent Lease Year, each successive twelve (12) month period occurring thereafter. "Minimum Rating Requirement" shall have the meaning set forth in Section 28.5. "Mortgage" shall have the meaning set forth in Section 15.1(A). "Non -Renewal Notice" shall have the meaning set forth in Section 28.1 "Notice" shall have the meaning set forth in Section 20.1(A). "Operating Expenses" shall have the meaning set forth in Section 2.5(A)(1). "Percentage Rent" shall have the meaning set forth in Section 2.4(A). "Permitted Use" shall have the meaning set forth in Section 5.1. "Premises" shall have the meaning set forth in Section 1.1(A). "Real Estate Taxes" shall mean all real estate taxes, sewer rents, water frontage charges, business improvement district and other assessments, special or otherwise, levied, assessed or imposed by the City of Miami or any other taxing authority upon or with respect to the Building, development, subterranean or air rights or otherwise in connection with the real property located at and known as 239 NW 28 Street, Miami, Florida (Block 18, Lots 1-4 and 18-24, or such other tax lots that may be subsequently redesignated including, without limitation, in connection with any future subdivision, combination or condominium) (collectively, the "Project") and all taxes assessed or imposed with respect to the rentals payable hereunder other than general income, gross receipts and excess profits taxes (except that general income, gross receipts and excess profits taxes shall be included if covered by the provisions of the following sentence). Real Estate Taxes shall also include any taxes, charges or assessments levied, assessed or imposed by any taxing authority in addition to or in lieu of the present method of real estate taxation, provided such additional or substitute taxes, charges and assessments are computed as if the Project were the sole property of Landlord subject to said additional or substitute tax, charge or assessment including, but not limited to, any occupancy, gross receipts, rental, income, franchise, transit or other tax. Real Estate Taxes shall exclude penalties for late payment, transfer tax, unincorporated business, franchise, capital stock, excise, corporate, succession, estate, inheritance, capital, levy or income, profit or revenue tax to the extent same are not in lieu of the present method of taxation. With respect to any Tax Year, all Tax Expenses shall be considered as part of the Real Estate Taxes for such Tax Year. Tenant hereby waives any right to institute or join in tax certiorari proceedings or other similar proceedings contesting the amount or validity of any Real Estate Taxes. Notwithstanding the foregoing, any change of use fee or tax, or similar fee or tax, imposed by the City of Miami or any other governmental entity on the Project shall not be considered a Real Estate Tax. "Renewal Notice" shall have the meaning set forth in Section 1.6. 3 983004.] pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 "Renewal Term" shall have the meaning set forth in Section 1.6. "Rent" shall have the meaning set forth in Section 2.1(B). "Rent Tax" shall have the meaning set forth in Section 2.1(C). "Rent Commencement Date" shall have the meaning set forth in Section 1.5(A). "Replacement Notice" shall have the meaning set forth in Section 28.4. "Replacement L/C" shall have the meaning set forth in 28.4. "Responsible Party" shall have the meaning set forth in Section 29.1(E). "Security Deposit" shall have the meaning set forth in Section 28.1. "Sign Items" shall have the meaning set forth in Section 25.1(A). "Signage Replacement" shall have the meaning set forth in Section 25.6(A). "Soft Costs" shall have the meaning set forth in Section 1.3(C)(1). "Special Cause of Loss Form" shall have the meaning set forth in Section 8.1(J)(1)(i). "Structural Elements" shall have the meaning set forth in Section 8.2(A). "Substantial Completion " shall have the meaning set forth in Section 1.4. "Superior Lease" shall have the meaning set forth in Section 15.1(A). "Superior Lessor" shall have the meaning set forth in Section 15.1(A). "Superior Mortgage" shall have the meaning set forth in Section 15.1(A). "Superior Mortgagee" shall have the meaning set forth in Section 15.1(A). "Tax Expenses" shall mean all expenses (including but not limited to customary and usual attomeys' fees, expert and other witnesses' fees and disbursements) incurred by Landlord in connection with any application or proceeding to reduce the assessed valuation of the Project or any portion thereof for each Tax Year with respect to Real Estate Taxes or otherwise in contesting the validity or amount of any Real Estate Taxes or in obtaining a refund of Real Estate Taxes. "Tax Statement" shall mean a statement setting forth the amount payable by Tenant for a specified Tax Year pursuant to Article III. "Tax Year" shall mean each 12-month period commencing July lst and ending June 30111 or any portion of which occurs during the Tenn of this Lease. 4 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 "Temporar_y Cessation" shall have the meaning set forth in Section 5.7(A). "Tenant" shall have the meaning set forth in the Preamble. "Tenant Delay" shall have the meaning set forth in Section 1.4(A). "Tenant Allowance" shall have the meaning set forth in Section 1.3(C)(1) "Tenant Change" shall have the meaning set forth in Section 8.1(E). "Tenant's Insurance Payment" shall have the meaning set forth in Section 3.9(A). "Tenant's Property" shall have the meaning set forth in Section 6.1(A). "Tenant's Property Policy" shall have the meaning set forth in Section 8.1(J)(1)(i). "Tenant's Proportionate Share" shall mean 14.83%. "Tenant's Tax Payment" shall have the meaning set forth in Section 3.1. "Tenant's Work" shall have the meaning set forth in Section 1.3(A), "Term" shall have the meaning set forth in Section 1.2(A). "Termination Date" shall have the meaning set forth in Section 21.13(A). "Termination Notice" shall have the meaning set forth in Section 21.13(A). "Transferee" shall have the meaning set forth in Section 24.5(A). "Work" shall have the meaning set forth in Section 8.1(K)(1). "Work Completion Date" shall have the meaning set forth in Section 1.3(A). ARTICLE I Demise of Premises; Term SECTION 1.1 Demise (A) Landlord hereby demises to Tenant and Tenant hereby hires from Landlord, subject to the covenants and agreements contained in this Lease, a portion of the ground floor, commonly known as "Restaurant Retail Space — E" in the Building, as substantially described on Exhibit A attached hereto (collectively, the "Premises"). This Lease is contingent on Tenant obtaining a certificate of use for an alcohol service establishment ("Warrant") pursuant to Chapter 4, Section 4-7 of the Code of the City of Miami, Florida, as amended ("Code") from the municipal governmental authority having appropriate jurisdiction (the "Municipal Authority") needed to serve wine, beer and spirituous liquors at the Premises for on -site consumption only, within one hundred eighty (180) days from the date hereof. Tenant 5 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 shall file said application to obtain the Warrant within one hundred twenty (120) days following the date hereof. Tenant shall be obligated to use Landlord's appointed attorney in connection with filing for and obtaining the Warrant and Liquor License. Tenant shall notify Landlord within one (1) business day following the date when the Warrant has been granted. Once Tenant has obtained the Warrant, Tenant must immediately take any and all action required to obtain the Liquor License (as hereinafter defined) from the applicable state governmental authority having appropriate jurisdiction (the "State Liquor Authority") and/or any further approvals required by the State Liquor Authority for Tenant to serve wine, beer and spirituous liquors at the Premises (the "Liquor License"). If Tenant is not granted the Warrant and Liquor License within three hundred sixty-five (365) days hereof, either Landlord or Tenant may terminate this Lease upon prior written notice to the non -terminating party. Notwithstanding anything contained herein to the contrary, if the Municipal Authority rejects Tenant's application for a Warrant and/or Liquor License at any time prior to the expiration of such three hundred sixty-five (365) day period, then Landlord may immediately terminate this Lease upon prior written notice to Tenant. In the event of such termination by either party as aforesaid, all sums paid by Tenant to Landlord shall be refunded and the Lease shall be of no further force and effect. Once obtained, Tenant shall continuously maintain the Warrant and Liquor License in good standing at all times. Landlord hereby consents to Tenant's use of that certain Alcohol Reservation Letter granted to Landlord from the City of Miami dated April 10, 2017, as extended on April 29, 2019, a copy of which Tenant acknowledges having received (the "Alcohol Reservation Letter") and the parties shall reasonably cooperate with each other in connection with obtaining the Warrant and Liquor License but at no cost to Landlord. In the event that (i) Tenant is in breach of the continuous operation requirements set forth in Section 5.7 hereof, (ii) Tenant defaults under this Lease, beyond any applicable notice, cure and grace period, or (iii) either party terminates the Lease pursuant to this Section 1.1, Tenant shall immediately rescind its application for a Warrant and sign any documents and take any other action as is necessary or required by Landlord, the Municipal Authority, the State Liquor Authority or otherwise, to sever any connection between the Alcohol Reservation Letter and Tenant's application for a Warrant and/or Liquor License. If Tenant fails to execute and deliver any such necessary or required documents within five (5) business days after a request therefor, Tenant herby appoints Landlord as its attorney in fact to execute, in the name and on behalf of Tenant all such documents and shall indemnify and hold Landlord and each Landlord Party harmless from any and all costs, damages, claims, reasonable attomeys' fees, liability and expense arising in connection with Tenant's failure to so execute and deliver any of such documents or in connection with any breach by Tenant of this Section, which obligation shall survive the expiration or earlier termination of this Lease. SECTION 1.2 Term., Commencement Date; Expiration Date (A) The term of this Lease ("Lease Term" or "Term") shall begin on the Commencement Date (as hereinafter defined) and shall end, unless sooner terminated or renewed (as hereafter provided), on the last day of the month in which the fifteenth (15) anniversary of the Rent Commencement Date (as hereinafter defined) occurs (such date, as the same may be extended pursuant to Section 1.6 hereof, the "Expiration Date"). (B) Failure to Give Possession. If Landlord is unable to give possession of the Premises on the Commencement Date because of the holding -over or retention of possession of any tenant, undertenant, or occupants, or if the Premises are located in a building being 6 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 constructed, because such building has not been sufficiently completed to make the Premises ready for occupancy, or because of the fact that a certificate of occupancy has not been procured, or for any other reason, Landlord shall not be subject to any liability for failure to give possession on said date and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed in any way to extend the term of this Lease, but the Rent payable hereunder shall be abated (provided Tenant is not responsible for the inability to obtain possession or complete construction) until after Landlord shall have given Tenant written notice that Landlord is able to deliver possession in the condition required by this Lease. If permission is given to Tenant to enter into the possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease, except the obligation to pay the Fixed Rent (as hereinafter defined) set forth in Section 2.1 hereof. SECTION 1.3 Landlord's Work; Tenant's Work (A) Landlord shall not be required to perform any work to prepare the Premises for Tenant's use or occupancy other than the work described on Exhibit B attached hereto ("Landlord's Work"). Notwithstanding anything to the contrary contained herein, Landlord makes no representation or warranty that possession of the Premises shall be delivered on or before any particular date. (B) At Tenant's sole expense, Tenant shall perform or cause the performance of Alterations (as defined below) in and to the Premises and promptly prepare the same for the operation of Tenant's business therein ("Tenant's Work"), and in accordance with all other terms, conditions and provisions contained in this Lease including, without limitation, Article XXIII hereof and all Laws and the Landlord's Building Design and Construction Guidelines attached hereto as Exhibit D and made a part hereof. Tenant shall submit plans and specifications for Tenant's Work to Landlord for Landlord's approval, such approval not to be unreasonably withheld, conditioned or delayed, no later than one hundred and eighty (180) days from the date hereof; provided, however that Tenant shall provide Landlord with reasonable evidence of a hired architect to prepare such plans and specifications within fifteen (15) days from the date hereof. Within fourteen (14) days following Landlord's notice to Tenant that Landlord has approved Tenant's plans and specifications, TIME BEING OF THE ESSENCE, Tenant shall file with the Miami Department of Buildings (the "DOB") for all permits required in connection with Tenant's Work ("Pennits"). Tenant covenants and agrees to use diligent efforts to complete Tenant's Work in accordance with accepted plans and specifications as promptly as possible and open for business to the public fully fixtured, stocked and staffed within two hundred and seventy (270) days following the Commencement Date and receipt of the Permits for Tenant's Work (the "Work Completion Date"), TIME BEING OF THE ESSENCE. In the event that Tenant fails to timely (x) submit its plans and specifications to Landlord for approval or (y) file for Permits with the DOB in connection with Tenant's Work, in each case as aforesaid, then same shall constitute a Tenant Delay (as hereinafter defined) and for each day of such Tenant Delay, each of the Work Completion Date and the Rent Commencement Date shall accelerate by one (1) day, Tenant acknowledges that the foregoing covenant to complete Tenant's Work and open for business by the Work Completion Date, as aforesaid, is a material inducement for Landlord to enter into this Lease with Tenant and that the damage to 7 983004.1 Gin, PZ-20-6099 12/07/20 Landlord resulting from any such failure by Tenant to timely open the Premises for business will be substantial and will be impossible to accurately measure. (C) Tenant Allowance. (1) Subject to the terms of this Section 1.3(A), Landlord shall pay to or on behalf of Tenant an amount up to One Million Three Hundred Thirty -Four Thousand Four Hundred and 00/100 Dollars ($1,334,400.00) (the "Tenant Allowance") for the costs that Tenant incurs in performing the Tenant's Work. Tenant may use no more than One Hundred Thirty - Three Thousand Four Hundred Forty and 00/100 Dollars ($133,440.00) (10%) of the Tenant Allowance for costs that Tenant incurs in connection with the Tenant's Work that do not constitute `hard" construction costs, including, without limitation, architect's and engineer's fees, permit fees, expediters' fees and designers' fees, in each case relating to the Tenant's Work (such costs that do not constitute the "hard" construction costs of the Tenant's Work being collectively referred to herein as "Soft Costs"). (2) Tenant shall not be entitled to any disbursements of the Tenant Allowance unless and until Tenant delivers to Landlord a statement, prepared by the construction company that Tenant has engaged to perform the Tenant's Work, that sets forth in reasonable detail the costs that Tenant is reasonably estimated to incur in performing the Tenant's Work. (3) Tenant may request disbursements of the Tenant Allowance only by delivering to Landlord a Disbursement Request. Subject to the terms of this Section 1.3(A), Landlord shall disburse the Tenant Allowance to Tenant, within thirty (30) days after the date that Tenant gives to Landlord the applicable Disbursement Request (hereinafter defined). Tenant shall not be entitled to any disbursements of the Tenant Allowance if a default has occurred and is continuing. Landlord shall make disbursements of the Tenant Allowance in accordance herewith following delivery to Landlord of a Disbursement Request for each portion of the Tenant Allowance, as follows: (i) Landlord shall pay one third (1/3) of the Tenant Allowance after completion of one third (1/3) of Tenant's Work, (ii) Landlord shall pay another one third (1/3) of the Tenant Allowance after completion of two-thirds (2/3rd) of Tenant's Work and (iii) Landlord shall pay the remainder of the Tenant Allowance after Tenant's opening for business in the Premises with a certificate of occupancy issued by the DOB (as hereinafter defined). Tenant shall not have the right to request disbursements of the Tenant Allowance in an amount that is greater than the aggregate amount of such Tenant Allowance, as defined herein. Tenant shall be entitled to a disbursement from the Tenant Allowance on account of Soft Costs as evidenced by a Disbursement Request, when Tenant receives its first disbursement of the Tenant Allowance for the cost of the Tenant's Work (other than Soft Costs). (4) The term "Disbursement Request" shall mean a request for a disbursement of the Tenant Allowance signed by the chief financial officer of Tenant (or another officer of Tenant who performs the functions ordinarily performed by a chief financial officer), together with: (i) such officer's certification that the amount so requested does not exceed the aggregate Tenant Allowance, 8 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (ii) copies of the contracts, work orders, purchase orders, change orders and other documents pursuant to which Tenant has engaged third parties to perform the Tenant's Work (or provide materials or services in connection therewith) (except to the extent that Tenant has provided such copies to Landlord with prior Disbursement Request), (iii) copies of reasonable documentation (such as bills and invoices) that indicate that the applicable work has been completed, the applicable materials have been furnished, or the applicable services have been performed, as the case may be, (iv) waivers of lien from all contractors, subcontractors, materialmen, architects, engineers and other Persons who may file a lien against the Premises in connection with the performance of the Tenant's Work, and for which previous disbursements of the Tenant Allowance has been made (except to the extent Tenant gave such waivers of lien to Landlord in connection with a prior Disbursement Request), (v) in connection with a disbursement of the Tenant Allowance for costs that do not constitute Soft Costs, a certificate of Tenant's general contractor, countersigned by Tenant's independent licensed architect stating that, in his or her opinion, the portion of the Tenant's Work theretofore completed and for which the disbursement is requested was performed in a good and workman -like manner and substantially in accordance with the plans and specifications for such Tenant's Work, as approved by Landlord, and (vi) in connection with a disbursement of the Tenant Allowance for costs that do not constitute Soft Costs, a revised estimated total cost to perform the Tenant's Work, prepared by the construction company that Tenant has engaged to perform the Tenant's Work. (5) Landlord makes no representation or warranty that the Tenant Allowance is sufficient to pay the cost of the Tenant's Work. Tenant shall pay the amount of any excess of the cost of the Tenant's Work over the Tenant Allowance. (6) Notwithstanding the foregoing, if this Lease is terminated by Landlord due to a default by Tenant prior to Landlord's payment to Tenant of the Tenant Allowance, then, and in such event, the Tenant Allowance shall be automatically cancelled and withdrawn by Landlord. SECTION 1.4 Commencement Date (A) "Commencement Date" means the date that possession of the Premises is provided to Tenant. Landlord shall deliver thirty (30) day's prior notice to Tenant (which notice may be by electronic mail) of the date that possession will be available. The term "substantial completion" or "substantially completed" or words of similar import shall mean the date when Landlord's Work in the Premises then remaining to be done, if any, consists of minor "punchlist items" and shall have reached that stage of completion such that Tenant could either use or occupy the Premises or Tenant could then proceed to commence its initial Alterations without unreasonable interference by reason of those items still required to complete Landlord's Work, not including any of Landlord's Work that relates to work outside of the Premises (including, 9 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 without limitation any work to the lobby or the facade of the Building). Notwithstanding the foregoing, Tenant acknowledges and agrees that the gas stubbing further described as item "G" on Exhibit B attached hereto and made a part hereof is a post -delivery item and substantial completion of same is not required for substantial completion of Landlord's Work or as a condition to the Commencement Date. Further, taking of possession of the Premises by Tenant or the commencement of construction by Tenant following Tenant's receipt of notice from Landlord of substantial completion of Landlord's Work in respect thereof, or otherwise, shall be conclusive evidence that substantial completion was, in fact, achieved. Within seven (7) days after the date that Tenant accepts possession of the Premises, Tenant shall advise Landlord of any "punchlist" items remaining to be completed. Landlord shall have thirty (30) days from the date that Tenant notifies Landlord of any additional punchlist items to complete such punchlist items. Notwithstanding the foregoing, if Landlord's Work is not substantially completed and is delayed by acts, omissions or changes made or requested by Tenant, its employees, agents, designers, architects or any other party acting or apparently acting on Tenant's behalf, including, without limitation, delays due to Tenant's failure to respond to Landlord's information requests in a timely manner, delays due to "Change Orders" (as hereinafter defined) requested by Tenant, and any other delays caused by or attributable to Tenant ("Tenant Delay"), then Landlord's Work shall be deemed to be substantially completed for the purposes of determining the Commencement Date, as of the date Landlord's Work would have been substantially completed but for such Tenant Delay. In addition, Tenant shall pay to Landlord a sum equal to any additional cost to Landlord in completing Landlord's Work resulting from any Tenant Delay. Further, Tenant acknowledges that Landlord's Work may require Tenant's input and timely responses to Landlord's inquiries in order to enable Landlord to perform the same. Tenant shall use its best efforts in cooperating with Landlord to perform Landlord's Work. If Tenant requests any changes to Landlord's Work, and provided Landlord in its sole discretion, consents to the same, then such change consented to by Landlord shall hereinafter be referred to as a "Change Order". If any Change Order increases the cost of constructing Landlord's Work, Tenant shall bear such cost, and shall pay to Landlord, on demand, the sum of (i) the amount by which the actual costs incurred by Landlord to construct Landlord's Work, as modified by the Change Order, exceed the actual costs which would have been incurred by Landlord to construct Landlord's Work in the absence of such Change Order (the "Differential"), (ii) any cancellation fees, reshipping charges or any other similar costs incurred by Landlord as a result of the Change Order, and (iii) an amount equal to ten percent (10%) of the Differential, to compensate Landlord for its time and effort in connection with the Change Order. If any Change Order delays Landlord's completion of Landlord's Work, then such delay shall constitute a Tenant Delay. As a condition to performing the applicable Change Order, Landlord shall have the right to require Tenant to agree in advance to the period by which completion of Landlord's Work will be delayed as a result of such Change Order, and if Landlord and Tenant are unable to agree, then Landlord shall not be obligated to perform the Change Order in question. Any other action or inaction of Tenant (including, without limitation, the failure by Tenant to timely pay for the cost of any Change Order) which delay Landlord in completing Landlord's Work shall also constitute Tenant Delays. 10 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 SECTION 1.5 Rent Commencement Date (A) Provided that Tenant is not then in default hereunder beyond applicable cure or grace periods, Tenant's obligation to pay Fixed Rent hereunder shall commence on the date (the "Rent Commencement Date") that is the earlier of (i) the date when Tenant, any employee of Tenant, or any person holding by, through or under Tenant, first opens the Premises for business with the public, and (ii) ten (10) days after the Work Completion Date. If the Rent Commencement Date occurs on a day other than the first day of a calendar month, the Rent payable for such month shall be prorated on a per diem basis based upon the actual number of days in such month. SECTION 1.6 Renewal Option. Landlord hereby grants Tenant the right and option to renew the Term of this Lease for one (1) period of five (5) Lease Years (the "Renewal Term"), provided, however, that (i) Tenant is not in default under this Lease beyond applicable cure or grace periods and this Lease is in full force and effect at the time of the exercise of such option and as of the then effective Expiration Date, and (ii) Tenant herein named shall not have assigned or subleased the Premises or any part thereof to any party other than as expressly permitted herein. Tenant shall give notice to Landlord of Tenant's intention to exercise such option (a "Renewal Notice") not later than nine (9) months prior to the then effective Expiration Date, and time shall be of the essence with respect to the giving of such notice. If Tenant timely delivers the Renewal Notice, this Lease shall be deemed to be extended pursuant to the Renewal Notice. The Renewal Term shall commence on the day following the Expiration Date and shall end at midnight on the date that is five (5) Lease Years thereafter. All of the terms, covenants and conditions of this Lease shall continue in full force and effect during the Renewal Tenn, except that (i) the Fixed Rent during each Renewal Term (the "Renewal Rent") shall be as set forth in Article II hereof, and (ii) during the Renewal Term, Tenant shall have no further right to extend the Term of this Lease pursuant to this Section 1.6. Any termination, cancellation or surrender of Tenant's interest in this Lease at any time during the Term hereof, as the same may be extended, shall terminate any of Tenant's right to exercise renewal rights hereunder. SECTION 1.7 Required Opening If after the date that is ninety (90) days after the Work Completion Date Tenant has still failed to complete Tenant's Work and open the Premises to the public for business fully fixtured, stocked and staffed, then Landlord shall have the right, but not the obligation, to treat such failure as a default hereunder, without notice or cure periods, giving rise to all of Landlord's rights and remedies hereunder, at law and in equity. SECTION 1.8 Operation of Premises 11 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 (A) Except as may otherwise be expressly provided herein, Tenant shall have sole responsibility for the care, maintenance, management, operation, control, use and occupancy of the Premises in all respects, and Tenant shall be liable for and shall bear all of the costs and expenses of the operation and maintenance of the Premises. Except as otherwise expressly provided herein, Tenant shall not be entitled to any abatement, reduction, setoff, counterclaim, defense or deduction with respect to any Rent or other sum, charge, cost, expense, payment or deposit payable by Tenant hereunder, nor shall the obligations of Tenant hereunder be affected, by reason of, without limitation, any of the following: (i) any damage or destruction of the Premises or any part thereof, (ii) any taking of the Premises or any part thereof by condemnation or otherwise; (iii) any prohibition, limitation, restriction or prevention of Tenant's use, occupancy or enjoyment of the Premises or any part thereof, or any interference with such use, occupancy or enjoyment by any party other than Landlord or any party claiming by, through or under Landlord; (iv) any default by Landlord under this Lease or under any other agreement; (v) the impossibility or illegality of performance by Landlord, Tenant or both; (vi) any action of any governmental authority; or (vii) any other cause whether similar or dissimilar to the foregoing. (B) Except as expressly provided to the contrary in this Lease, (i) the parties intend that the obligations of Tenant hereunder shall be separate and independent covenants and agreements and shall continue unaffected unless such obligations shall have been modified or terminated pursuant to an express provision of this Lease; and (ii) each provision hereof shall be separate and independent and the breach of any such provision by Landlord shall not discharge or relieve Tenant from its obligations to perform each and every covenant to be performed by Tenant hereunder. (C) Except as expressly provided to the contrary in this Lease, Tenant waives all rights to terminate or surrender this Lease and to any abatement or deferment of Rent or any other sum payable hereunder. ARTICLE II Rent SECTION 2.1 Fixed Rent: Additional Rent. (A) Annual fixed rent ("Fixed Rent"), commencing on the Rent Commencement Date, shall be paid in equal monthly installments in advance on the first day of each and every calendar month of every Lease Year of the Lease Term with the Fixed Rent for the first full calendar month that Fixed Rent is due hereunder payable simultaneously upon Tenant's execution and delivery of this Lease to Landlord (via certified funds or cashier's check only). In the event that the Rent Commencement Date shall occur on a date other than the first day of a calendar month, then on the first day of the calendar month next succeeding the month in which the Rent Commencement Date shall occur, Tenant shall pay to Landlord a sum equal to the monthly installment of Fixed Rent payable for the first full month after the Rent Commencement Date, multiplied by a fraction whose numerator is the number of days in such partial month and whose denominator is the actual number of days in such month. The Fixed Rent shall be paid to Landlord during the following periods at the following rates: 12 983004.1 C of pubicaring Karol Code The applicable 9d PZ-20-6099 12/07/20 Lease Year Annual Amount* Monthly Amount 1 $711,680.00 $59,306.67 2 $711,680.00 $59,306.67 3 $711,680.00 $59,306.67 4 $711,680.00 $59,306.67 5 _ $711,680.00 $59,306.67 6 $782,848.00 $65,237.33 7 $782,848.00 $65,237.33 8 $782,848.00 $65,237.33 9 $782,848.00 $65,237.33 10 $782,848.00 $65,237.33 11 $861,132.80 $71, 761.07 12 $861,132.80 $71, 761.07 13 $861,132.80 $71, 761.07 14 $861,132.80 $71, 761.07 15 $861,132.80 $71, 761.07 *Such amounts do not include Rent Tax which Tenant is obligated to pay to Landlord in accordance with (C) herein. (B) For the purposes of this Lease, "Additional Rent" shall mean all sums of money, other than Fixed Rent and Percentage Rent (as hereinafter defined), as shall become due and payable from Tenant to Landlord under or pursuant to this Lease. Except as otherwise expressly set forth in Section 2.5 and Article III hereof, Tenant shall pay to Landlord Additional Rent, commencing on the Commencement Date, as provided in this Lease (Fixed Rent, Additional Rent and Percentage Rent, collectively, "Rent"). All Rent shall be paid to Landlord, at its office, or at such other place as Landlord shall designate to Tenant, in lawful money of the United States of America. (C) Tenant shall pay any and all Rent Tax levied or assessed against all Rent payments due under this Lease simultaneously with each such Rent payment. As used herein, "Rent Tax" means any and all sales and/or use taxes, rent taxes, service taxes, transfer taxes, withholding taxes, value added taxes, and each other applicable tax on rent, utility charges or services payable hereunder or otherwise respecting this Lease or any other document executed in connection with this Lease or on account of Tenant's occupancy. Tenant acknowledges that the State of Florida imposes a tax on rent and that such tax is a Rent Tax, for which, as between Landlord and Tenant, Tenant bears sole responsibility for its payment. All Rent Tax and other sums due from Tenant under this paragraph shall be deemed to be "Rent" whether or not specifically designated as such, and Landlord may apply such payments received from Tenant to any obligations of Tenant then accrued without regard to how such obligations may be designated by Tenant. SECTION 2.2 Manner of Payment 13 983004.1 pubic 9 Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 (A) Tenant shall pay Rent as and when the same shall become due and payable, without demand therefor, and without any abatement, setoff or deduction whatsoever except as provided in Section 12.1 and Section 13.1, and shall keep, observe and perform each and every covenant and agreement herein contained on its part to be kept, observed and performed. SECTION 2.3 Calculation of Annual Fixed Rent for Renewal Term. Lease Year Annual Amount Month t Amount 16 $947,246.08 $78,937.17 17 $947,246.08 $78,937.17 18 $947,246.08 $78,937.17 19 $947,246.08 $78,937.17 20 $947,246.08 $78,937.17 SECTION 2.4 Percentage Rent (A) Amount. In addition to payment of Fixed Rent, Tenant shall pay to Landlord, without deduction or set-off, during each Lease Year of the Term hereof, four percent (4 %) of all Gross Revenue (hereinafter defined) in excess of the Annual Breakpoint for such Lease Year as set forth below ("Percentage Rent"): Lease Year Annual Breakpoint 1 $17,792,000.00 2 $17,792,000.00 3 $17,792,000.00 _ 4 $17,792,000.00 5 $17,792,000.00 6 $19,571,200.00 7 $19,571,200.00 8 $19,571,200.00 9 $19,571,200.00 10 $19,571,200.00 11 $21,528,320.00 12 $21,528,320.00 13 $21,528,320.00 14 $21,528,320.00 15 $21,528,320.00 Renewal Term (if applicable Lease Year Annual Breakpoint 16 $23,681,152.00 17 $23,681,152.00 18 $23,681,152.00 19 $23,681,152.00 14 983004.1 Ghn, PZ-20-6099 12/07/20 20 $23,681,152.00 (B) Payment. (1) Percentage Rent shall be payable no later than the fifteenth (15`s) day of the month immediately following the month in which Gross Revenue for the applicable Lease Year exceeds the Annual Breakpoint for such Lease Year, and thereafter any Percentage Rent due shall be paid monthly on all additional Gross Revenue during the remainder of said Lease Year. The Annual Breakpoint for any partial Lease Year shall be prorated on a per diem basis. Said payments of Percentage Rent shall be made concurrently with the submission of Tenant's written statement of monthly Gross Revenue to Landlord as provided herein. Failure to timely make any payment of Percentage Rent when due shall be treated as if Tenant has failed to timely make a payment of Fixed Rent hereunder. Percentage Rent shall be calculated separately for each Lease Year and there shall be no carry -backs or carry -forwards with respect to any Lease Year. (2) Upon submission of Tenant's certified statement of Gross Revenue at the close of each Lease Year as provided in Section 2.4(E) herein, adjustments of amounts due for Percentage Rent shall be made to the respective parties. (3) Notwithstanding the provision for the payment of Percentage Rent, Landlord shall not, in any event, be deemed to be a partner or associate of Tenant in the conduct of its business. The relationship of the parties hereto shall, at all times, be solely that of landlord and tenant. (C) Gross Revenue. The term "Gross Revenue" wherever used herein shall be defined to mean the total amount of all sales of merchandise and/or services, finance charges and all other receipts of all business conducted in, at, or from any part of the Premises, whether the same be for cash, barter, credit, check, charge account, gift or merchandise certificates purchased, or other disposition of value regardless of collection, in the event of sale upon credit or charge account and whether made by Tenant, subtenants, concessionaires, licensees or assignees of Tenant, including sales to employees. The value of each sale shall be the actual total sales price charged the customer and shall be reported in full in the month that the transaction occurs irrespective of when, or if, payment is received. Gross Revenue includes orders or sales that originate in, at or from the Premises, whether delivery or performance is made from the Premises or from another place, and orders and sales of goods and services delivered and performed from the Premises as a result of orders taken elsewhere; orders or sales mailed, telephoned, made via the internet or e-mail, telecopied or telegraphed, that are received at or filled from the Premises; and all sales and revenue accruing by means of mechanical, self - operated or automatic vending devices on the Premises. There shall be no deduction or exclusion from Gross Revenue except as specifically permitted hereafter. Any deposit not refunded shall be included in Gross Revenue. (D) Exclusion from Gross Revenue. Notwithstanding the foregoing, "Gross Revenue" shall not include: 15 983004.1 C of pubicaring Karol Code The applicable dec.. 9d PZ-20-6099 12/07/20 (1) merchandise returned in the amount of cash refunded, credit given or discounts and allowances granted or exchanges made, provided that the sale price of said items was originally included in Gross Revenue; (2) the amount of any sales, use or gross receipts tax, or excise tax, imposed by any governmental authority directly on sales paid by Tenant to such governmental authority and provided such taxes were actually collected from the customers, and provided the amount of such tax is separately recorded; (3) the exchange of merchandise between stores of Tenant, when such exchanges are made solely for the operation of Tenant's business and not for the purpose of consummating a sale that has been made at, in or from the Premises; manufacturers; and (4) merchandise returned for credit to shippers, jobbers, wholesalers or (5) revenue from sale of trade fixtures after use in the Premises. (E) Reporting. (1) Tenant shall submit to Landlord, on or before the fifteenth (15th) day of each month during the Tenn of this Lease, commencing on the fifteenth (15"') day of the month following the month in which the Rent Commencement Date occurs, a written statement signed and certified by an officer of Tenant, without material qualification, showing Tenant's Gross Revenue for the preceding calendar month. (2) On or before the sixtieth (60) day following the close of each Lease Year, Tenant shall furnish to Landlord a statement certified by an independent certified public accountant employed by Tenant of the Gross Revenue made by Tenant from the Premises during the preceding Lease Year. (3) For the purpose of ascertaining the amount of reportable sales and revenue, Tenant agrees to record each and every sale at the time of the transaction on either a cash register having a sealed, continuous, cash register tape with cumulative totals, which numbers, records and duplicates each transaction entered into the register, (in any event such cash register must have a non-resettable grand total) or on serially pre -numbered sales slips. In the event Tenant chooses to record each sale by using a cash register, Tenant agrees that the continuous, cash register tape will be sealed or locked in such a manner that it is not accessible to the person operating the cash register. If Tenant chooses to record each sale on individual sales slips, Tenant agrees that said sales slips (including those canceled, voided or not used) will be retained in numerical sequence for the period set forth in Section 2.4(F) herein. (4) If Tenant shall fail to prepare and deliver any statement of Gross Revenue in a timely manner as required herein, Landlord may do any or all of the following after ten (10) day advance written notice to Tenant of the failure: (i) elect to treat Tenant's failure to report as a default of this Lease; (ii) elect to make an audit of all of Tenant's books and records that in any way pertain to or show Gross Revenue and to prepare the statement or statements that 16 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 Tenant has failed to prepare and deliver; or (iii) impose a late/non-reporting fee of Five Hundred Dollars ($500) for each such failure by Tenant. The statement or statements so prepared shall be conclusive on Tenant, and Tenant shall pay on demand all expenses of such audit and of the preparation of any such statements and all sums as may be shown by such audit to be due as Percentage Rent. (5) All such statements and reports shall be kept in confidence by Landlord except in connection with a sale, mortgage, administrative or judicial proceedings or as otherwise required by applicable law, and except that Landlord may disclose same to Landlord's partners, professional advisors and consultants. (F) Books and Records. (1) Tenant agrees to keep on the Premises, or at its principal offices located at 4440 Civic Center Drive, Scottsdale, AZ 85251, accurate books and records (as more specifically identified below) of all business conducted at the Premises in accordance with generally accepted accounting practices consistently applied, and said records shall be open and available for examination at all reasonable times to Landlord, or Landlord's representatives, upon not less than two (2) days' notice to Tenant, for the purpose of ascertaining or verifying the Gross Revenue. All records shall be retained by Tenant for examination by Landlord for a period of at least four (4) years following the end of the Lease Year for which said records apply. (2) Tenant further agrees that for the purposes hereinbefore recited, Tenant shall prepare, preserve and maintain for each Lease Year, the following documents, books, accounts and records: (i) Daily cash register summary tapes (normally referred to as "Z" Tapes) and sealed, continuous, cash register tapes or serially pre -numbered sales slips, maintained as recited herein; (ii) A single, separate bank account into which all receipts of business or other revenue from operations on or from the Premises are deposited; (iii) All bank statements detailing transactions in or through any business hank account, and duplicate bank deposit slips; (iv) Daily or weekly sales recapitulations (v) A general ledger or a summary record of all cash receipts and disbursements from operations on or from the Premises, including sales sheets or reports listing transactions by or with subtenants, concessionaires or licensees; (vi) Copies of all income sales or use tax returns filed with any governmental authority that reflect in any manner sales, income or revenue generated in or from the Premises; (vii) Mail, internet, e-mail and telephone orders; and 17 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (viii) Such other records or accounts as Landlord may reasonably require in order to ascertain, document or substantiate reportable Gross Revenue as defined herein. (3) If upon inspection or examination of Tenant's available books and records of account, Landlord determines that Tenant has failed to maintain, preserve or retain the above -recited documents, books and records of account in the manner detailed herein, Landlord shall give Tenant ten (10) days to cure said deficiencies. Further, if Tenant is found to be deficient in maintaining any of the above -recited documents, books or records of account, Tenant shall reimburse Landlord for reasonable expenses incurred by Landlord in determining said deficiencies, including, but not limited to, any audit or examination fees incurred by Landlord. (4) If after receiving the aforesaid notice, and upon expiration of the ten (10) day time period specified herein, Tenant fails to cure the noted deficiencies, Landlord may, at its option, either grant Tenant additional time to cure the deficiencies, hold Tenant in default under this Lease, or at Tenant's expense, and for its benefit, retain a good and reputable independent accounting or bookkeeping firm to prepare and maintain the above -recited documents, books and records of accounts. If Landlord elects the latter option, Tenant agrees and covenants that the representatives of said accounting or bookkeeping firm will have full right of entry and access to the Premises and existing financial records, and full cooperation by Tenant, for the purpose of establishing and maintaining the documents, books and records of accounts recited hereinabove. Any expenses incurred by Landlord in furtherance of its rights hereunder will be considered Additional Rent for the Premises due and payable by Tenant with the next due installment of Rent. (5) In the event an examination of the records of Tenant to verify said Gross Revenue shall disclose that there was an understatement of Gross Revenue in excess of five percent (5%) of Gross Revenue reported for any Lease Year where Percentage Rent is due Landlord, Tenant agrees to pay Landlord the reasonable costs and expenses of such audit. SECTION 2.5 Operating Expenses. In addition to the foregoing, commencing on the Rent Commencement Date and during the Term of this Lease, Tenant shall pay to Landlord Additional Rent consisting of the following: (A) Operating Expenses. (1) The term "Operating Expenses" means the total of all items of costs and expenses of every kind and nature as may be paid or incurred by Landlord related to maintaining, managing, overseeing, operating, lighting, cleaning, policing, securing, repairing, replacing, enhancing and protecting the Project, including, but not limited to: all costs of maintaining, painting and upgrading facilities, fixtures and improvements, including, but not limited to, cleaning, removal of trash, rubbish, debris and all garbage collection charges and expenses (except to the extent same is Tenant's responsibility pursuant to Section 5.6(vii)), sweeping and janitorial services; all such maintenance and construction work as shall be required to preserve and maintain the utility and appearance of the Building and/or Project (as applicable); lighting of outdoor areas and service corridors; maintenance, repair and replacement of the roof 18 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (provided, however that for the first ten (10) years of the teen of this Lease, maintenance, repair and replacement of the roof shall not be included in the definition of Operating Expenses, but thereafter same will be included, but amortized on a straight-line basis over the useful life of the roof) and sprinkler systems; cost of plantings, landscaping and amenities, interior and exterior landscaping and supplies incidental thereto to include all seasonal and similar decorations plus the cost of all utilities utilized in connection therewith; costs of maintenance and repair of the system that heats, ventilates and air conditions the Building and/or Project (as applicable) and Landlord's energy costs incurred in connection therewith; installation, maintenance and repair of any security systems, fire protection systems, lighting and utility systems and drainage systems, if any; installation, maintenance, repair and replacement of disposal plants; costs and expenses of operating, maintaining, repairing and replacing machinery and equipment used in the operation and maintenance of all or any portion of the Project; fees, costs and expenses of purchasing and maintaining in full force insurance (including, without limitation, liability insurance for personal injury, death and property damage, rent insurance, insurance against fire, extended coverage, theft or other casualties, all risk, difference in conditions, sprinkler, malicious mischief, vandalism, earthquake, flood, worker's compensation insurance covering personnel, fidelity bonds for personnel, and plate glass insurance); all cost and expense of off site management applicable to the management of the Project; costs and expenses of enforcing any operating agreements pertaining to the Project or any portions thereof, and any easement agreement, or reservation or any arbitration or judicial actions undertaken with respect to the same; costs and expense of policing/security, including uniforms, equipment and all supplies; cost of installation of any cost saving devices or equipment; cost and expense for the rental of music program service and loudspeaker systems including furnishing electricity; services furnished by Landlord for nonexclusive use of all tenants on a non-profit basis including parcel pickup and delivery services; charges payable in connection with any reciprocal easement agreements or operating or similar agreements; the cost of pest extermination; the cost of improvements to the Building and/or Project (as applicable) that are: (i) made to comply with Laws or insurance requirements; or (ii) undertaken for the protection of the health and safety of occupants and customers of the Project; or (iii) made for the purpose of reducing Operating Expenses; all license and permit fees; all ground rent, real estate taxes, payments in lieu of taxes, and tax assessments of every kind and nature levied or assessed against the Project or any portion thereof, including, but not limited to, general and special assessments, whether foreseen or unforeseen or ordinary or extraordinary, and assessments, charges or taxes made hy, or by reason of any mall tax or business improvement district taxes, but excluding Real Estate Taxes, change of use fees or taxes and insurance payments for which Tenant is responsible pursuant to Article III. Notwithstanding anything to the contrary contained herein, (i) Tenant's annual payment of Operating Expenses for the first Lease Year shall not exceed Four Dollars (S4.00) per square foot ("First Year CAM Cap"); provided, however that the First Year Cam Cap shall not apply to any insurance and shall not include Real Estate Taxes, and (ii) Tenant's annual payment of Operating Expenses for any Lease Year after the first Lease Year shall not exceed one hundred four percent (104%) of Tenant's payment of Operating Expenses for the immediately preceding Lease Year ("CAM Cap"). Notwithstanding the foregoing, the CAM Cap shall not apply to the cost of security or utilities for the Project as described in this Section 2.5(A)(1). For example, if in any given Lease Year, the Operating Expenses exceed the CAM Cap for the immediately preceding Lease Year, then Tenant shall still be responsible for Tenant's Proportionate Share of the costs of security and utilities that exceed the CAM Cap, 19 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (2) Tenant's Proportionate Share of the Operating Expenses shall be paid by Tenant to Landlord in equal monthly installments, in advance, on the first day of each calendar month during the Term of this Lease, commencing on the first day of the month in which the Rent Commencement Date occurs (provided that if the Rent Commencement Date occurs on a date other than the first of the month, the amount due shall be prorated accordingly), in an amount equal to one -twelfth (1/12) of Tenant's Proportionate Share of the Operating Expenses as estimated by Landlord for the calendar year. The amount due for any partial fiscal year shall be prorated accordingly. (3) After the end of each calendar year, Landlord shall furnish Tenant with a written statement in reasonable detail of the actual Operating Expenses and the amount of Tenant's Proportionate Share thereof for the preceding fiscal year. Landlord reserves the right, however, to change its fiscal year at any time during the Term of this Lease upon reasonable prior notice to Tenant. If the actual Operating Expenses exceed the aggregate of Tenant's monthly payments, Tenant shall pay to Landlord any deficiency due within fifteen (15) days after receipt of said statement by Landlord. If Tenant's monthly payments have exceeded the actual Operating Expenses, any surplus paid by Tenant shall be credited against the next ensuing installment of Rent until such surplus is exhausted, unless such surplus has occurred during Tenant's last year prior to expiration of this Lease, in which event Landlord shall refund such excess to Tenant within sixty (60) days after determination of such surplus has been made. Failure of Landlord to provide the statement called for hereunder within the time prescribed shall not relieve Tenant of its obligations hereunder. The obligations of Landlord and Tenant to make the foregoing adjustment shall survive the expiration or earlier termination of this Lease. Tenant shall have sixty (60) days from receipt of Landlord's written. Operating Expenses statement to challenge Landlord's calculations set forth therein. Failure to send a written notice to Landlord challenging the calculations set forth in Landlord's Operating Expenses statement within such time period shall be deemed to be an acknowledgment by Tenant of the accuracy of such statement. In the event Tenant challenges the accuracy of Landlord's Operating Expenses statement, Tenant must commence and complete its audit of Landlord's books (such audit to be conducted at the offices of Landlord during business hours by a certified public accountant (not hired on a contingency basis) retained by Tenant and acceptable to Landlord at Tenant's sole cost and expense) within thirty (30) days from the date of Tenant's notice challenging Landlord's Operating Expenses statement. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to delay commencement of Tenant's audit for a period of not more than sixty (60) days upon notice to Tenant, whereupon the period provided for Tenant to commence and complete its audit shall be extended by the number of days that such audit is delayed by Landlord. ARTICLE III Real Estate Taxes; Insurance SECTION 3.1 Tenant's Tax Payment. Commencing on the Rent Commencement Date, Tenant shall pay, in addition to the Fixed Rent, and as Additional Rent for each Lease Year, an amount ("Tenant's Tax Payment") equal to Tenant's Proportionate Share of all Real Estate Taxes. Such Additional Rent shall be paid by Tenant notwithstanding the fact 20 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 that Tenant may be exempt, in whole or in part, from the payment of any Real Estate Taxes due to Tenant's diplomatic, charitable, or otherwise tax exempt status, or for any other reason at all. SECTION 3.2 Tax Statement and Timing of Tax Payment. (A) If at any time after taxes are assessed for any Lease Year, Landlord shall famish Tenant a Tax Statement and Tenant shall pay Tenant's Tax Payment within thirty (30) days after receipt of such Tax Statement. (B) At Landlord's option, Landlord may invoice Tenant and Tenant shall remit Tenant's Tax Payment for each Lease Year in monthly installments in an amount equal to one -twelfth (1/12) of Tenant's Tax Payment estimated by Landlord, which installments shall be due and payable as Additional Rent, and paid together with the monthly installment of Fixed Rent. Tenant's Tax Payment for each Lease Year shall be due and payable as Additional Rent, together with the monthly installment of Fixed Rent, in an amount equal to one -twelfth (1/12) of Tenant's Tax Payment estimated by Landlord. If the amount of such monthly payment exceeds the actual amount due for a Tax Year, the overpayment shall be credited to Tenant's next succeeding payment of Rent or refunded to Tenant if at the end of the Term Tenant does not owe any Rent or Additional Rent to Landlord. If the amount paid by Tenant shall be less than the actual amount due, Tenant shall pay the difference to Landlord no later than thirty (30) days after receipt of notice thereof from Landlord. Landlord's failure to render a Tax Statement with respect to any Tax Year shall not prejudice Landlord's right thereafter to render a Tax Statement with respect to any such Tax Ycar nor shall the rendering of a Tax Statement prejudice Landlord's right thereafter to render a corrected Tax Statement for that Tax Year. (C) Landlord shall pay any change of use tax or fee or similar tax or fee imposed by the City of Miami or any other government entity with respect to the Building or the Premises. SECTION 3.3 Adjustments to Tenant's Tax Payment. (A) Only Landlord shall be eligible to institute tax reduction or other proceedings to reduce the assessed valuation of the Project. In the event that the assessed valuation for any Tax Year occurring within the Lease Term is reduced (as a result of settlement, final determination of legal proceedings or otherwise) then (i) the Real Estate Taxes imposed upon the Project in respect of the applicable Tax Year shall be retroactively adjusted to reflect such reduction, (ii) Tenant's Tax Payment shall be adjusted accordingly, subject to adjustment for Tax Expenses as provided herein, and (iii) Tenant shall receive a credit against Tenant's Tax Payment in the amount of Tenant's Proportionate Share of such reduction as adjusted in accordance with the provisions hereof. SECTION 3.4 Tax Refunds. (A) If, after Tenant shall have paid Tenant's Tax Payment and Tenant's Proportionate Share of Tax Expenses with respect to any Tax Year, Landlord shall receive a 21 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 refund of any portion of the Real Estate Taxes with respect to such Tax Year by final determination of legal proceedings, settlement or otherwise, Landlord shall promptly after receiving such refund pay Tenant Tenant's Proportionate Share of such refund or, at Landlord's option, credit Tenant's Proportionate Share of such refund against the next succeeding installment(s) of Rent coming due, in both cases net of the total amount of Tax Expenses incurred by Landlord to obtain such refund. SECTION 3.5 Prorated Allocation. (A) In the event this Lease shall expire or terminate on a day other than the last day of a Lease Year, Tenant's Tax Payment for such Lease Year shall be prorated as of the date of such expiration or termination, so that Tenant shall be required to pay only such proportion thereof as the portion of such Lease Year prior to such expiration or termination bears to the entire Lease Year. SECTION 3.6 Tax Statement Binding (A) Any Tax Statement sent to Tenant shall be binding upon Tenant unless, within thirty (30) days after such statement is sent, Tenant shall send a written notice to Landlord objecting to such statement and specifying the respects in which such statement is claimed to be incorrect. Pending the determination of such dispute Tenant shall pay all amounts of the Additional Rent shown on such statement, and such payment and acceptance shall be without prejudice to Tenant's position. SECTION 3.7 No Rent Reduction (A) In no event shall the Rent (exclusive of the adjustments described in this Article III) be reduced by virtue of any decrease in Real Estate Taxes. SECTION 3.8 Survival (A) The expiration or termination of this Lease during any Tax Year for any part or all of which there is Additional Rent payable under this Article III shall not affect the rights or obligations of the parties hereto respecting such Tax Year, and any statement relating to Tenant's Tax Payment with respect to such Tax Year may be sent to Tenant subsequent to, and all such rights and obligations shall survive, any such expiration or termination. Any payments due under such statement shall be payable within twenty (20) days after such statement is sent to Tenant. SECTION 3.9 Insurance Payment (A) In addition to Tenant's Tax Payment, commencing on the Rent Commencement Date, Tenant shall pay as Additional Rent Tenant's Proportionate Share of the cost of any insurance policies carried by Landlord on the Project ("Tenant's Insurance Payment"). Such payment shall be made within fifteen (15) days following the date Landlord sends Tenant a statement setting forth in reasonable detail the amount payable by Tenant pursuant to this Section 3.9. 22 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 SECTION 3.10 Non -Payment of Additional Rent (A) All Additional Rent due under this Lease shall be due and payable by Tenant, and collectible by Landlord in the same manner as the Fixed Rent, and Landlord shall have all rights with respect thereto as it has with respect to the Fixed Rent, including all remedies for non-payment thereof. ARTICLE IV Condition of Premises SECTION 4.1 Condition of Premises (A) Notwithstanding anything to the contrary set forth in this Lease or in the Exhibits hereto, Tenant warrants, represents and acknowledges: (B) It has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and all other matters relating to this Lease and subject to Landlord's Work, agrees to accept the Premises "as is", in its present state and condition, subject to reasonable use, wear, tear and natural deterioration, without any reduction, set-off, or abatement of Rent and without any charge to Landlord whatsoever for any change in such state and condition by reason thereof subsequent to the date of this Lease, except as expressly set forth herein. (C) Before entering into this Lease, Tenant has made such examination of the Premises and all other matters affecting or relating to this Lease as it deemed necessary. hi entering into this Lease, Tenant has not been induced by and has not relied upon any representations, warranties or statements, whether express or implied, made by Landlord or any agent employee or other representative of Landlord, or any other person representing or purporting to represent Landlord, that are not expressly set forth in this Lease, whether or not such representations, warranties or statements were made in writing or orally. (D) Tenant further acknowledges that Landlord has not made any representation as to whether Tenant's use is permitted under any zoning laws or under any certificates of occupancy for the Building of which the Premises forms a part. Moreover, in the event Tenant's use is not permissible under the present certificate of occupancy, or in the event no valid certificate of occupancy exists and a new certificate of occupancy is required to accommodate Tenant's use or as a result of any proposed alteration, then Tenant shall diligently proceed to cause amendment of the certificate of occupancy and shall be obligated to pay any and all amounts required to be paid in connection therewith, including, but not limited to, permit fees, architect's fees and any other cost and/or expense incurred by either Landlord or Tenant as a result of obtaining a new certificate of occupancy or amending the present certificate of occupancy on behalf of Tenant at Tenant's request but excluding any change of use fee. Upon the request of Tenant, and at Tenant's sole cost and expense, Landlord shall use reasonable efforts in cooperating with Tenant in its efforts to amend the certificate of occupancy. 23 983004.1 ARTICLE V Use of Premises SECTION 5.1 Use pKarol Code The applicable dec.. ubic of PZ-20-6099 12/07/20 Tenant shall use and occupy the entire Premises solely and exclusively for the operation of a restaurant, bar, live entertainment and dancing establishment (the "Permitted Use") and for no other use or purpose whatsoever. Tenant shall at all times operate and do business under the trade name "Bottled Blonde", and shall not operate from the Premises under any other name without Landlord's consent. Tenant shall comply with all Laws relating to the Premises and Tenant's use thereof, including without limitation, Laws requiring the Premises to be closed on Sundays or any other days or hours, health, safety and building codes, and any permit or license requirements. Landlord makes no representation that the Premises are suitable for Tenant's purposes. Tenant's business shall be operated in a high-class manner. In no event shall the Tenant use the Premises or any part thereof for conducting therein a discount or second-hand store, auction, distress or fire sale or bankruptcy or going -out -of -business sale. Landlord reserves the right, in Landlord's sole and absolute discretion, to determine the uses to which other space in or in the vicinity of the Building shall be put. Tenant acknowledges that Landlord shall have the right to control, in Landlord's sole discretion, what shall be, displayed on all exterior signage areas and the storefront of the Premises and the facade of the Building (collectively, the "Control Area"). In the event Tenant uses the Control Area in violation of this Lease, Tenant shall be required to correct such violation within five (5) business days after receipt of written notice from Landlord, after which Landlord shall have all rights against Tenant in law and equity, and pursuant to this Lease, including, without limitation the right to terminate this Lease in the same manner as a default of Tenant as described in Section 18.1(B). Subject to Landlord's approval of the paperwork in connection therewith in advance of submission to any governmental authority, Landlord hereby approves the Tenant obtaining and implementing a 5 AM liquor license; provided, however that in the event Tenant does not obtain a 5 AM liquor license, Tenant shall not be relieved of any of its obligations under this Lease. SECTION 5.2 Prohibited Conduct (A) Tenant shall not, without the consent of Landlord, operate any coin or token operated vending machine or similar device for the sale of any goods, foods or beverages, including, without limitation, amusement devices. SECTION 5.3 Advertising (A) Tenant shall not: (B) use any advertising medium such as loudspeakers, sound amplifiers or flashing lights that may be heard or seen outside the Premises that violates any legal requirements. (C) install any banner, flag or the like on the exterior of the Building without the specific prior approval of Landlord other than any banner with the words "Grand Opening" 24 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 or words of similar import, which banner shall only be permitted during the first ninety (90) days following the date Tenant opens the Premises for business to the public and which banner shall comply with all legal requirements and shall not unreasonably interfere with any other tenants or occupants of the Project; or (D) place in the windows any sign, decoration, letter, advertising matter, or other thing of any kind, other than such things which identify Tenant and the services and products offered for sale. SECTION 5.4 Additional Prohibited Conduct (A) Tenant shall not use, or permit the use of the Premises or any part thereof for: (1) demonstrations to the public; (2) the sale of cigarettes, cigars, tobacco, newspapers, magazines,; (3) manufacturing, printing or electronic data processing, except for the operation of normal business office equipment and machines for Tenant's own requirements, as distinguished from operation for commercial hire or for the sale of products or services to others; (4) rendition of medical, dental or other diagnostic or therapeutic services; (5) maintenance of any gambling or gaming activities or any political activities or any club activities, whether public or private, or a school of any kind or an employment or placement agency; (6) the offices or business of a governmental or quasi -governmental bureau, department or agency, foreign or domestic, including an autonomous governmental corporation or diplomatic or trade mission; (7) an employment agency, executive search firm or similar enterprise or vocational training center or classrooms; (8) a telephone or secretarial or a messenger service; (9) a company engaged in the business of renting office or desk space; (10) a public finance (personal loan) business (other than a savings bank); or (11) the sale, lease or rental of video tapes or DVDs. In addition, Tenant agrees not to bring, or permit to be brought, any obscene or pornographic material into the Premises, and shall not permit or conduct any obscene, nude, or semi-nude live performances at the Premises, nor shall Tenant permit the use of the Premises for nude modeling, or for so-called "rubber -goods" shops, or as a sex club of any sort, or as a "massage parlor". Tenant agrees further that Tenant will not permit any of these uses by any sublessee or assignee of the Premises. This Section 5.4 shall directly bind any successors in interest to Tenant. In the event of a breach of this Lease arising from a violation of any of the provisions of this Article V, Landlord shall be entitled to exercise any and all of its remedies hereunder without first giving Tenant any notice or cure period under Section 18.1(C) hereof Pornographic material is defined for purposes of this Section as any written or pictorial matter with prurient appeal and any objects or instruments that are primarily concerned with lewd or prurient sexual activity. Obscene material is defined here as it is in Chapter 847, Florida Statutes. Landlord acknowledges that the depiction of women in lingerie in advertising and promotional materials and Tenant's Bottle Blonde logo, all of which is depicted on Exhibit G attached hereto, are not obscene or pornographic. SECTION 5.5 Window Cleaning (A) Tenant will not clean nor require, permit, suffer or allow any window in the Premises to be cleaned from the outside in violation of any applicable Laws. 25 983004.1 C of aring Karol Code The applicable dec.. pubic PZ-20-6099 12/07/20 SECTION 5.6 Additional Use Covenants (A) Tenant shall, throughout the Term of this Lease, operate the business located at the Premises in a first-rate and reputable manner and in a manner that shall not detract from the character or appearance of thc Building. Accordingly, Tenant shall (i) continuously and uninterruptedly occupy and use, during thc Term, the entire Premises for the Permitted Use and conduct Tenant's business therein in a reputable manner; (ii) at a minimum, remain open for business during the hours generally operated by similar businesses in the vicinity of the Building; (iii) maintain quality displays in the display windows, if any; (iv) keep and maintain the Premises and Tenant's personal property and signs therein or thereon and the exterior and interior portions of all windows, doors and all glass or plate glass in a neat, clean, sanitary and safe condition; (v) clean the inside and outside of the storefronts whenever necessary, in the reasonable judgment of Landlord; (vi) apply for, secure, maintain and comply with all licenses or peuuits that may be required for the conduct by Tenant of the Permitted Use and to pay, if, as and when due all license and permit fees and charges of a similar nature in connection therewith and provide Landlord with copies thereof upon request; and, (vii) keep the Premises neat and clean, free from waste, offensive odors, and, in orderly and sanitary condition, free of vermin, rodents, bugs and other pests, including, but not limited to keeping the sidewalk adjacent to the Premises free from refuse and debris. Further, Tenant covenants and agrees that at all times (a) the kind and quality of merchandise, goods and services offered in the Premises, and the conduct of Tenant's business therein will be first-rate and reputable in every respect, (b) the sales methods employed in said business, as well as Tenant's signage and displays and all other elements of merchandising, will be dignified and in conformity with the highest business dealing in the same or similar merchandise, goods and services or conducting a similar type of business, and (c) the appearance of the Premises (including the lighting and other appurtenances thereto), the appearance and deportment of all personnel employed therein, and the appearance, number, location, nature and subject matter of all displays and exhibits placed or installed in or about the Premises (if visible outside the Premises), and of any sign, lettering, announcement or any other kinds or forms of inscriptions displayed in or about the Premises (if visible outside the Premises) will be only such as meets Landlord's approval which will not be unreasonably withheld, conditioned or delayed. If Tenant's business operation is not consistent and in harmony with the standards of similar type retail establishments in comparable buildings located in the vicinity of the Building, Tenant shall immediately remedy such deficiencies as to which Landlord shall give Tenant written notice (which remedy shall not limit or be in lieu of any other remedies that Landlord may have under this Lease for such default by Tenant). SECTION 5.7 Continuous Operations (A) Tenant acknowledges that the continuous use covenant set forth in Section 5.6 is a material inducement for Landlord to enter into this Lease with Tenant and the damage to Landlord resulting from such failure, whether due to diminished value, safety, saleability or mortgageability or adverse publicity or appearance or otherwise will be impossible to accurately measure. Tenant therefore agrees that if Tenant shall (i) vacate, abandon or desert the Premises or (ii) cease operating or conducting its business therein in accordance with the terms of this Lease except during any Temporary Cessation (as hereinafter defined), then and in any of such events (hereinafter collectively referred to as "failure to do business"), Landlord shall have the right, at its option, to treat such failure to do business as an offer by Tenant to cancel this Lease. 26 983004.1 C of pubicaring Karol Code The applicable 9d PZ-20-6099 12/07/20 In the event Landlord accepts Tenant's offer to cancel this Lease, Tenant shall, in consideration thereof, pay to Landlord an amount (the "Cancellation Payment") equal to two (2) years Fixed Rent and Additional Rent then payable under this Lease (or the amount that would otherwise be payable without taking into account any rent credits or abatements then in effect), payable within ten (10) business days following Tenant's receipt of notice from Landlord that Landlord is accepting Tenant's offer to cancel this Lease (the "Cancellation Acceptance"). In the event of the giving of such Cancellation Acceptance and the making of the Cancellation Payment, (a) this Lease and the Term and estate hereby granted (unless the same shall have expired sooner pursuant to any of the conditions of limitation or other provisions of this Lease or pursuant to law) shall terminate on the date set forth in the Cancellation Acceptance with the same effect as if such date were the date hereinbefore specified for the expiration for the term of this Lease, (b) the Rent and all other charges payable hereunder shall be apportioned as of the date of the cancellation, (c) neither party hereto shall have any rights, estates, liabilities or obligations under this Lease for the period accruing after the date of cancellation, except those that, by the provisions of this Lease, expressly survive the expiration or earlier termination of the Term of this Lease, and (d) at Landlord's election, Landlord and Tenant shall enter into a written agreement reflecting the cancellation of this Lease upon the terms provided for herein. Landlord's claim that Tenant has vacated, abandoned or deserted the Premises shall not be defeated solely because Tenant may have left all or part of its stock, signage, trade fixtures or other personal property in the Premises. As used herein, the term "Temporary Cessation" shall mean a temporary closing or temporary discontinuance of the operation of Tenant's business in the Premises as reasonably required for the following reasons: (i) to permit the performance of permitted repairs or permitted alterations in and to the Premises (which Temporary Cessation shall not exceed one hundred twenty (120) days), (ii) due to the taking by eminent domain as provided for in accordance with the terms of Article XIII hereof, (iii) due to fire or casualty as provided for and in accordance with the terms of Article XII hereof, (iv) up to three (3) days per year to permit Tenant to inventory its merchandise, (v) intentionally omitted, and (vi) to observe State and Federal holidays; provided that in all of the foregoing instances, Tenant shall use diligent efforts to promptly re -open its retail business in the Premises. No closing shall relieve Tenant from the obligation to pay Rent accruing under this Lease, except as expressly otherwise set forth in this Lease. ARTICLE VI Tenant's Property SECTION 6.1 Tenant's Property (A) All fixtures, equipment, improvements and installations attached to, or built into, the Premises at the commencement of or during the Term excluding Moveable Property (defined below) shall be and remain a part of the Premises and be deemed the property of Landlord ("Tenant's Property"). Landlord is hereby granted the benefit of any applicable landlord's lien on Tenant's Property located in or on the Premises as may be permitted under the laws of the State of Florida. Tenant shall not remove or permit the removal of Tenant's Property until the lien has been removed and all defaults under this Lease have been cured.. Prior to the expiration or earlier termination of this Lease, Tenant shall remove all or part of 27 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 Tenant's Property that constitutes Moveable Property (hereinafter defined) from the Premises, and Tenant shall repair, or shall reimburse Landlord upon demand for the cost of repairing, any damage to the Premises or the Building occasioned by such removal. Any of Tenant's Property that constitutes Moveable Property that shall not be removed as aforesaid may be removed by Landlord at Tenant's expense or, if not so removed, shall be deemed to have been abandoned by Tenant. Moveable Property means all moveable furniture, equipment, liquor inventory and any other items that are the property of Tenant and are not affixed to the Premises, excluding shelving. ARTICLE VII Utilities SECTION 7.1 Utilities (A) Subject to Landlord's work required by Exhibit B, it is specifically understood and agreed that Landlord shall not be required to furnish or provide any services whatsoever, including, but not limited to, utilities, heat, hot or cold water, sewer, air conditioning, gas, steam, electricity, cleaning services, exterminating services, garbage removal, security or any other kind of service or utility in or to the Premises. Tenant's consumption of water, electricity and gas shall be measured for all purposes by separate meters, as presently installed, or installed as part of Landlord's Work, or if not so installed, or to be installed as part of Landlord's Work, then Tenant shall install same at Tenant's expense. Throughout the duration of Tenant's occupancy, Tenant shall, at Tenant's sole cost and expense, keep said meters and installation equipment in good working order and repair. Tenant shall arrange with the utility companies to obtain electricity, gas and water and shall pay directly to the utility companies for the water, electricity and gas consumed on the Premises and if Tenant shall fail to perform such maintenance or make such payment, Landlord shall have the right, but not the obligation, to perform such maintenance or pay such charges and in such event, Tenant shall within ten (10) days of Landlord's demand therefor, pay to Landlord, as Additional Rent, an amount equal to the cost of such maintenance or the amount expended by Landlord to pay such charges, plus interest on such amount at the rate set forth in Section 16.2 hereof from the date of such payment by Landlord to the date Tenant makes its payment to Landlord. Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. Tenant shall not use any electrical equipment that, in Landlord's reasonable judgment, would exceed the capacity of the feeders, risers and other electrical installations serving the Premises or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord's sole judgment, Tenant's electrical requirements necessitate installation of an additional riser, risers or other proper and necessary equipment, Landlord shall notify Tenant of same. Within ten (10) days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electrical capacity (specifying the amount requested) be made available to Tenant. Landlord, in Landlord's sole judgment shall determine whether to make available such additional electrical capacity to Tenant and the amount of such additional electrical capacity and if the same necessitates installation of an additional riser, risers or other proper and necessary equipment including, 28 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 without limitation, any switchgear, the same shall be installed by Landlord at Tenant's sole cost and expense, and shall be chargeable and collectible as Additional Rent and paid within thirty (30) days after the rendition of a bill to Tenant therefor. Tenant shall make no alterations or additions to the electrical system in the Building without the prior written consent of Landlord. Tenant shall, at Tenant's sole cost and expense, enter into an annual contract with a trash removal and disposal company fully licensed to remove and dispose of trash in Florida (which Landlord may designate), which company shall regularly remove Tenant's trash from the Premises and dispose of same. Tenant shall be obligated to service, maintain and repair the grease interceptor and liquid or solid grease trap servicing the Premises as and when reasonably necessary, as reasonably determined by Landlord. SECTION 7.2 Landlord's Liability (A) Landlord shall in no manner be liable for any failure, inadequacy or defect in the character or supply of alternating electric current, gas, water or steam furnished to the Premises by any public or private service company or any other supplier thereof if such inadequacy or defect is not due to the negligence or willful misconduct of Landlord, its agents, servants or employees (Landlord shall in any event, to the extent the same is within its control, use commercially reasonable efforts to minimize the effect of such failure, inadequacy or defect and to eliminate the same at the earliest practicable time). SECTION 7.3 Stoppage or Interruption of Services (A) Landlord may stop or interrupt the supply of alternating electric current, gas, water, chilled water, sewer or steam at such times as may be necessary and for as long as may reasonably be required by reason of accidents, strikes, the making of repairs, alterations or improvements, inability to secure a proper supply of fuel, gas, water, electricity, labor or supplies or by reason of any cause beyond the reasonable control of Landlord; provided, however, that Landlord shall use commercially reasonable efforts (except in an emergency) such that any such stoppage or interruption for the purpose of making any repair, alteration or improvement shall be made at such times and in such manner as to minimize any unreasonable interference with Tenant's use of the Premises, and Landlord shall give reasonable prior notice of not less than three (3) days (except in the event of emergency, when notice shall not be required) of the anticipated commencement, duration and nature thereof. Tenant shall not be entitled to any abatement of Rent or other compensation nor shall this Lease or any of Tenant's obligations hereunder be affected by reason of such stoppage or interruption. SECTION 7.4 Sprinkler (A) Anything elsewhere in this Lease to the contrary notwithstanding, if the Insurance Services Office or any bureau, department or official of the federal, state or city government require or recommend the installation of a sprinkler system or that any changes, modifications, alterations, or additional sprinkler heads or other equipment be made or supplied in an existing sprinkler system by reason of Tenant's business, or the location of partitions, trade 29 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 fixtures, or other contents of the Premises, or for any other reason, or if any such sprinkler system installations, changes, modifications, alterations, additional sprinkler heads or other such equipment in the Premises and/or the Building become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate set by any said exchange or by any fire insurance company, Tenant shall, at Tenant's expense, promptly make such sprinkler system installations, changes, modifications, alterations, and supply additional sprinkler heads or other equipment as required, whether the work involved shall be structural or non-structural in nature. Notwithstanding the foregoing, Landlord shall have the right, at Landlord's option and at Tenant's expense, to make such sprinkler system installations, changes, modifications and/or alterations, as required. Tenant shall pay to Landlord as Additional Rent on the first day of each month during the Term of this Lease, Tenant's Proportionate Share of the contract price for sprinkler supervisory service. ARTICLE VIII Various Covenants SECTION 8.1 Various Covenants Tenant shall: (A) take good care of the Premises, keep the Premises in a neat and clean condition and pay the cost of any injury, damage or breakage done by Tenant or by its employees, licensees or invitees, it being understood that except as provided in Section 9.1, Tenant shall not be required to make changes to the Structural Elements; (B) observe and comply with the reasonable rules and regulations as Landlord at any time may adopt, promulgate and communicate on reasonable notice to Tenant (any consent or approval by Landlord required under any of such rules and regulations not to be unreasonably withheld or delayed); a list of the current Rules and Regulations are attached hereto as Exhibit C. (C) permit Landlord, on reasonable notice and accompanied by an authorized representative of Tenant (except in an emergency), and any holder of an underlying mortgage, and their agents, contractors and representatives, to enter the Premises at such hours as shall not unreasonably interfere with Tenant's business (i) to inspect the same, (ii) to comply with any law, order or requirement of any governmental authority or insurance body or (iii) to exercise any right reserved to Landlord under Article XI or elsewhere in this Lease; (D) make no claim against Landlord for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, or loss of use of, any property of any other person, unless caused by the willful misconduct or negligence of Landlord, its agents, servants or employees; (E) make no alteration, change, addition, improvement, repair or replacement in, to, or about, the Premises (a "Tenant Change") without the prior consent of Landlord and in accordance with Article XXIII hereof; 30 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (F) promptly and duly pay all costs and expenses incurred for or in connection with any Tenant Change and discharge within thirty (30) days by payment, bonding or otherwise as provided by law, any mechanic's or other lien created against the Building in connection with any Tenant Change; (G) not violate, or permit the violation of, any condition imposed by the standard "all risk" insurance policy issued for similar buildings in the City of Miami, and not do, suffer or permit anything to be done, or keep, suffer or permit anything to be kept, in the Premises that would increase the fire or other casualty insurance rate on the Building or the property therein, or that would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by Landlord from time to time; provided, however, that if insurance is available, Tenant shall not be in default hereunder if Tenant shall pay to Landlord the amount of any increase in the insurance premiums resulting from any increase in the insurance rate; (H) permit Landlord, at reasonable times upon reasonable notice and accompanied by an authorized representative of Tenant (and in a manner designed to avoid interference with the normal conduct of Tenant's business in the Premises) to show the Premises during usual business hours to any prospective purchaser or mortgagee and, during the last six (6) months of the Term, to any prospective lessee of the Premises. Landlord may place "to let" or similar signs on or about the Premises during the last six (6) months of the Term; (I) not install or maintain any graphics or signage on the exterior of the Premises except as expressly approved by Landlord in writing, but in no case shall Tenant be permitted to install any signs that obstruct the windows of the Premises or the Building. (J) Tenant's Insurance. (1) Tenant, at Tenant's expense, shall obtain and keep in full force and effect: (i) An insurance policy for Tenant's Property and Alterations made by Tenant, in either case to the extent insurable under the available standard forms of "Special Cause of Loss Form" insurance policies, in an amount equal to one hundred percent (100%) of the replacement value thereof and include coverage for the perils of flood, windstorm, earthquake and mechanical/equipment breakdown, and provide coverage extensions for demolition and increased cost of construction, civil authority and utility service interruption. The policy shall name both Tenant and Landlord, as their respective interests may appear, and include business interruption for any time during which the Premises are fully or partially untenantable due to an occurrence covered by the insurance policy. Such business interruption insurance shall include rental value insurance in an amount equal to not less than the Rent for a period of at least twelve (12) months. The property policy where applicable, shall include plate glass coverage for all plate glass in the Premises and store front (the insurance policy described in this clause (i) being referred to herein as "Tenant's Property Policy"). (ii) A policy of commercial general liability insurance, including without limitation, contractual liability coverage covering the indemnity agreement 31 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 contained in this Lease, for the benefit of Landlord, Landlord's parent, any subsidiaries, Landlord's managing agent, Landlord's mortgagee and/or ground lessor and their respective officers, directors, employees, successors, assignors and any other party Landlord may designate (collectively referred to as "Landlord Parties", each of which shall be named as additional insured under the policy), and Tenant, as their respective interests may appear. The general liability policy shall include the following minimum limits of insurance: General Aggregate (other than products/completed operations) limit $1,000,000; Products/Completed Operations Aggregate limit $1,000,000; Each Occurrence limit $1,000,000; Personal and Advertising Injury limit S1,000,000; Tenants Legal Liability limit $1,000,000; Medical Expenses limit $5,000. Such insurance policy shall (i) be an occurrence basis policy; (ii) be primary to all other insurance applicable to the Premises and operations on the Premises; and (iii) provide "first dollar" coverage. In the event that such insurance policy covers multiple locations, the General Aggregate shall apply "per location". (iii) Workers compensation insurance as required by law. In addition, Tenant shall maintain the insurance required by Article XXIII hereof. (iv) Automobile liability — A policy of automobile liability insurance, including coverage for hired and non -owned auto liability, with a combined single limit of not less than $1,000,000. (v) Umbrella — Umbrella form or Excess liability insurance providing, at a minimum, "following form" coverage over the insurance policies referred to in (ii), (iii) and (iv) herein with a limit of not less than $4,000,000 per occurrence and per aggregate. (vi) Liquor Liability - If any alcoholic beverage is sold or served at Premises, Tenant shall maintain Liquor Liability Insurance coverage in full force and effect in the amount of at least $1,000,000 per occurrence, under which the insurer agrees to pay the loss of, and defend Landlord Parties against, all costs, expenses, and liability (including attorneys' fees and legal costs) arising out of, or based upon, any and all claims, accidents, injuries, and damage related to Tenant's sale or serving of alcoholic beverages. (2) Tenant's insurance policies shall contain a provision that (i) no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained, and (ii) the policy is non -cancelable with respect to the Landlord Parties unless at least thirty (30) days of advance written notice is given to Landlord, except that Tenant's insurance policies may be cancelable on no less than ten (10) days of advance written notice to Landlord for non-payment of premium. If Tenant receives any notice of cancellation or any other notice from the insurance carrier that may adversely affect the coverage of the insureds under Tenant's insurance policies, then Tenant shall immediately deliver to Landlord a copy of such notice. (3) Tenant shall cause Tenant's insurance policies to be issued by reputable and independent insurers that are (i) permitted to do business in the State of Florida, and (ii) rated in Best's Insurance Guide, or any successor thereto, as having a general policyholder rating of A and a financial rating of at least IX (it being understood that if such 32 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 ratings are no longer issued, then such insurer's financial integrity shall conform to the standards that constitute such ratings from Best's Insurance Guide as of the date hereof). (4) Tenant has the right to satisfy Tenant's obligation to carry Tenant's Property Policy and liability policies with a blanket insurance policy if such blanket insurance policy provides, on a per occurrence basis or per location basis, that a loss that relates to any other location does not impair or reduce the level of protection available for the Premises below the amounts required by this Lease. (5) With respect to any loss resulting: (i) from property damage liability, bodily injury liability, personal and advertising injury liability, and /or medical payments (as these terms are generally understood in insurance policies then in effect covering automobile liability, commercial general liability, and/or workers compensation and employers liability), and/or (ii) from or for damage to Tenant's property, or to property under Tenant's care, custody, or control (including any indirect or consequential loss arising from such property damage), which loss is covered by any insurance carried (or required to be carried under this Lease) by or for the benefit of Tenant, Tenant (and any person and/or entity claiming through Tenant) hereby releases Landlord Parties and waives any claim, based on negligence or otherwise, against Landlord Parties. Any deductible and/or self -insured retention under such insurance shall be deemed to be insurance carried by or for the benefit of Tenant. This waiver of rights of recovery by Tenant also applies to any work done, being done or to be done by, for, or on behalf of Tenant by any contractor or Tenant, and shall survive the termination of such work or completion of such job or work. (6) Tenant shall deliver to Landlord appropriate certificates of insurance required to be carried by Tenant pursuant to this Section 8.1(J), including evidence of waivers of subrogation and naming of additional insureds, by the Commencement Date and then no later than ten (10) days prior to the expiration of such policies. Additionally, Tenant shall deliver to Landlord a copy of Tenant's insurance policies within ten (10) days following Landlord's request for same. (7) If (i) Tenant (or any other person claiming by, through or under Tenant) uses the Premises for any purpose other than the Permitted Use, and (ii) the use of the Premises by Tenant (or such other person) causes the premium for any insurance policy carried by Landlord to exceed the premium that would have otherwise applied therefor if Tenant (or such person) used the Premises for the Permitted Use, then Tenant shall pay to Landlord, as Additional Rent, an amount equal to such excess, on or prior to the thirtieth (30th) day after the date that Landlord gives to Tenant an invoice therefor. Nothing contained in this Section 8.1(J)(7) expands Tenant's rights under Article V hereof. 33 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (8) Landlord shall have the right, at any time and from time to time during the Term, on not less than thirty (30) days' notice to Tenant, to require that Tenant increase the amounts and/or types of coverage required to be maintained under this Article VIII to the amounts or coverages then customary for first-class retail stores in the vicinity of the Building, to the extent reasonably related to the nature of the business activities of the occupants of the Premises and customer traffic in the Premises. (9) Tenant shall replace, at the expense of Tenant, any and all plate and other glass damaged or broken from any cause whatsoever in and about the Premises. Notwithstanding anything contained in the foregoing, Tenant shall be permitted to self -insure with respect to plate glass if Tenant is not able to obtain insurance coverage for this exposure. (10) At the expiration or any earlier termination of this Lease, Tenant shall terminate its occupancy of, and quit and surrender to Landlord, the Premises broom -clean and in good condition except for (i) ordinary wear and tear, (ii) loss or damage by fire or other casualty that shall not have been occasioned by the fault or neglect of Tenant, and (iii) any other loss or damage with respect to which Tenant is relieved from liability pursuant to Section 12.1. (K) Tenant's Indemnity. (1) Tenant will defend, indemnify and save harmless each of the Landlord Parties from and against any and all damages, costs, reasonable attorney's fees, liability and expense arising from (i) Tenant's use and occupancy of the Premises; (ii) any breach of this Lease by Tenant; (iii) any other act or omission by Tenant or by any other person or entity for whose acts or omissions Tenant is legally responsible, and (iv) any and all claims, action, complaints, allegations or suits instituted against Tenant, its subtenants or its assignees, or against Landlord, its agents, employees or affiliates, by any person or entity, including, without limitation, customers, contractors, agents or employees of other tenants, licensees, concessionaires, or agents or employees of Tenant, in connection with loss of life, bodily injury, personal injury, emotional or mental injury or distress, and/or damage to property occurring in, on or about, or arising out of Tenant's use of the Premises and/or the Premises, its entranceways or its adjacent sidewalks or loading areas, and in addition, with respect to Tenant's contractors, occurring anywhere on or about the Premises, regardless of whether caused in whole or in part by any negligent or intentional act or omission of Tenant, its subtenants, assignees, agents, employees, licensees, concessionaires, customers and/or invitees, contractors, or any other person or entity. Without limiting the generality of the foregoing, Tenant specifically acknowledges that the indemnity undertaking herein shall apply to claims in connection with or arising out of any "Work" as described in Article XXIII, the use or consumption of any utilities in the Premises under Article VII, any repairs or other work by or for Tenant under Section 8.3 and the transportation, use, storage, maintenance, generation, manufacturing, handling, disposal, release or discharge of any "Hazardous Substances or Waste" as described in Article XXIV (whether or not such matters shall have been theretofore approved by Landlord). (2) The indemnity undertaking herein by Tenant shall not apply to the extent the loss, injury, or damage referred to herein is caused by or results from the sole 34 983004.1 pubic 9 Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 negligence of the Landlord Parties, or where and to the extent such indemnification by Tenant would be void by statute or under law. Tenant's indemnification of each Landlord Party, with respect to any claim, action, complaint, allegation or suit instituted against any of the Landlord Parties by an employee of Tenant or Tenant's agent, shall apply fully as set forth hereinabove and without defense or setoff pursuant to any Workers' Compensation laws. This indemnification provision shall be interpreted to be enforced to the full extent permitted by law. (3) Indemnification of Liquor Claims: Tenant specifically acknowledges that the indemnity undertaking herein shall apply to any and all claims in connection with or arising out of Tenant's sale of liquors, if expressly permitted and set forth in Section 5.1. If applicable, Tenant shall not be permitted to sell such liquors until Tenant provides Landlord with proof that Tenant, at its sole cost and expense, has obtained any necessary licenses or permits required by any and all state or local governmental or administrative authorities to sell such liquors on the Premises. Tenant hereby understands, acknowledges and appreciates the responsibility associated with selling such liquors from the Premises, and to the extent expressly permitted by this Lease, agrees that its employees and agents shall comply with all local, state and federal laws related to the sale of such liquors. (4) If any provision of this Tenant's Indemnification paragraph were to be held invalid in its current form by the law of any jurisdiction under which it is construed, then such provision shall be amended to the minimum extent necessary to comply with such law, and the provision shall be deemed to have always existed in such amended form in such jurisdiction. Tenant's obligations under this paragraph shall survive the expiration, early termination or modification of this Lease. Each of the Landlord Parties shall also be entitled to partial indemnification from Tenant and/or contribution from Tenant for the Landlord Party's pro rata share of liability, and/or any sums that the Landlord Party may be compelled to pay in excess of its pro rata share of liability, even where a loss arises from the joint negligence of a Landlord Party and another party. SECTION 8.2 Repairs by Landlord (A) Subject to Article XII and Article XIII hereof, Landlord shall keep the foundations of the Building, the structural soundness of the roof and the exterior supports of the Building, drain and sidewalks (collectively, "Structural Elements"), in good condition, provided however, if any damage is caused by any act, alteration, negligence, willful misconduct or omission of Tenant, Tenant shall be required to repair such damage, or reimburse Landlord, on demand, for the cost thereof, if Landlord makes such repair. Nothing contained herein shall require Landlord to undertake any such work on a so-called priority or overtime basis, unless Tenant elects to pay the additional cost of performance in that manner. All other repairs to the Premises shall be at Tenant's sole cost and responsibility. Notwithstanding anything to the contrary contained herein, except as otherwise expressly provided in this Lease, (i) Landlord shall not be responsible for repairs and maintenance other than to the Structural Elements, and (ii) Landlord shall only be obligated to repair Structural Elements that are not part of the Premises if the condition requiring the repair materially adversely affects Tenant's business in the Premises. SECTION 8.3 Repairs by Tenant 35 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (A) Tenant, at its sole cost and expense, shall keep the Premises, stairways, sidewalks, curbs and the windows to the Premises, if any of the foregoing exist, clean and in first-class repair and good condition and free of accumulation of dust and rubbish. Tenant shall maintain, operate and repair, at its sole cost and expense Tenant's heating, ventilation and air conditioning system and equipment ("HVAC"), the utilities, plumbing and electrical and all other systems serving the Premises. In the event that a violation is placed against Tenant, Landlord and/or the Premises, caused by Tenant's actions or omissions by the City of Miami Building Depaitinent, the Florida Department of Environmental Protection, or any other governmental/municipal, administrative or legal agency, with regard to the sidewalks adjoining the Premises for accumulation of rubbish, disrepair of the sidewalk or any other reason, then Tenant shall remedy any such violation and pay any fines, penalties and interest related to such violation. In the event Tenant fails to comply with its obligations hereunder, then Landlord shall have the right but not the obligation to perform such obligations, with notice to Tenant, and charge Tenant the costs incurred by Landlord as Additional Rent, and Tenant shall pay same within thirty (30) days of being billed for same. Tenant waives the benefit of any applicable law purporting to allocate Tenant's responsibility for repairs other than as set forth in this Lease or affording Tenant any right to make repairs at the expense of Landlord or to terminate this Lease on the basis of any necessary repairs. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for the repair and maintenance of all parts of the Premises other than those that are Landlord's responsibility as provided in Section 8.2 above. (B) Tenant shall not move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord's prior consent, such consent not to be unreasonably withheld, conditioned or delayed and shall make payment to Landlord of Landlord's reasonable, out-of-pocket costs in connection therewith. If such safe, machinery, equipment, freight, bulky matter or fixtures requires special handling, Tenant shall employ only persons holding a master rigger's license to do such work. All work in connection therewith shall comply with all legal and insurance requirements and the rules and regulations for the Building adopted by Landlord, as may be amended by Landlord from time to time, and shall be done at any time, provided that if such work is reasonably likely to materially interfere with the operation of the Building or unreasonably interfere with the use and occupancy of the Building by other tenants, then such work shall be done during such hours as Landlord may reasonably designate. Business machines and mechanical equipment shall be placed and maintained by Tenant at Tenant's expense in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. SECTION 8.4 HVAC Maintenance Contract (A) As part of Tenant's obligation to maintain and repair the HVAC serving the Premises, Tenant shall enter into an annual contract with an air conditioning repair firm approved by Landlord and fully licensed to repair air conditioning units in Florida, which firm shall regularly service the units and perform emergency and extraordinary repairs thereto. Upon request, Tenant shall provide to Landlord a copy of such annual contract and shall, upon receipt, forward to Landlord any and all notices from such contractor in connection therewith. Nothing herein shall limit Tenant's obligation to maintain the air conditioning units in good condition and repair throughout the Term. 36 983004.I C of aring Karol Code The applicable pubic PZ-20-6099 12/07/20 SECTION 8.5 Violations (A) In the event any violation from the City of Miami Building Department, the Florida Department of Environmental Protection, or any other governmental/municipal, administrative or legal agency is placed against Landlord, the Premises or the Building as a result of Tenant's use of the Premises, Tenant's Alterations or Tenant's acts or omissions and such violation (i) impedes Landlord's ability to perform its obligations under any other lease for space in the Building, or (ii) impedes the ability of Landlord or any other tenant of the Building to obtain permits from the City of Miami Building Department or any other governmental/municipal agency, or (iii) impedes Landlord's or any other tenant's ability to obtain a temporary or permanent certificate of occupancy, then in addition to Tenant's obligation to cure such violation and pay any and all fines, penalties and interest related thereto, Tenant shall be obligated to reimburse Landlord as Additional Rent, within ten (10) days of Landlord's demand therefor, any and all expenses incurred by Landlord due to such violation, including, without limitation, loss of rent from other tenants or potential tenants of the Building. ARTICLE IX Compliance With Laws SECTION 9.1 Comnliance with Laws (A) Tenant, at its expense, shall comply with all Laws (whether any Laws are in effect on, or enacted or made effective after, the date hereof, whether contemplated or foreseen on the date hereof or not) that shall impose any violation, order or duty upon Landlord or Tenant with respect to the Premises or the use or occupancy thereof or any Alteration (as hereinafter defined) performed by or on behalf of Tenant. If the Building shall now or hereafter be subject to any law, order or regulation affecting its structural integrity; the physical condition of its facade, roof, parapets or other exterior part thereof; its life, fire, sprinkler or other safety systems; the accessibility of the Building and its accouterments to the handicapped or disabled; or the regulation, containment, abatement, or removal of hazardous substances therein (including, without limitation, asbestos and asbestos containing materials), including, without limitation, compliance with all Laws including without limitation, the Americans with Disabilities Act of 1990, as amended, that requires Landlord or any tenant or occupant of the Building to incur any obligation or expense to install, alter, make any addition to or improve the Building or any system thereof or any equipment or accouterment to any of the foregoing or install any new system, Tenant shall pay to Landlord in monthly installments, as Additional Rent hereunder, commencing on the first day following Landlord's notice or demand for payment thereof, Tenant's Proportionate Share of the cost of such alteration, addition, or improvement. The foregoing shall require Tenant to do all work and shall require Tenant to perform, at its sole cost and expense, asbestos abatement and abatement of any other hazardous or toxic material that may become necessary by reason of any Tenant installation, alteration, improvement or work. SECTION 9.2 Fire Rating Agencies 37 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (A) Tenant at its expense shall comply with all requirements imposed by any applicable fire rating bureau or other body exercising similar functions in connection with the Premises that affect the same and shall not use the Premises in a manner that shall increase the then current rate of fire insurance of Landlord or of any other tenant. If Tenant's use of the Premises increases the fire insurance rate, Tenant shall reimburse Landlord for all such increased costs. ARTICLE X Assignment and Subletting SECTION 10.1 Assignment, Subletting and Other Transfers (A) Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns expressly covenants that it shall not transfer, assign, hypothecate, mortgage or otherwise encumber this Lease, nor underlet, or suffer or permit the Premises or any part thereof to be used by others, without the prior written consent of Landlord in each instance except as otherwise expressly provided in Section 10.1(B). The indirect or direct transfer of the majority of the stock of a corporate tenant or the majority partnership interest of a partnership tenant or the majority of the membership interest of a limited liability company tenant shall be deemed an assignment. If this Lease be assigned, or if the Premises or any part thereof be underlet or occupied by anybody other than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of the covenant, or the acceptance of the assignee, undertenant or occupant as the tenant under this Lease, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Landlord to an assignment or underletting shall not in any way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting. (B) Notwithstanding anything to the contrary contained in Section 10.1(A), the following shall govern: (1) Prohibition Without Consent. If Tenant shall at any time or times during the Term desire to assign this Lease or sublet all of the Premises (partial sublets being prohibited), Tenant shall give notice thereof to Landlord, which notice shall be accompanied by (i) a conformed or photostatic copy of the executed proposed assignment or sublease, the effective or commencement date of which shall be not less than sixty (60) nor more than one hundred eighty (180) days after the giving of such notice, (ii) a statement setting forth in reasonable detail the identity of the proposed assignee or subtenant, the nature of its business and its proposed use of the Premises, and (iii) current financial information with respect to the proposed assignee or subtenant, including, without limitation, its most recent financial report, which shall have been certified by an independent public accountant. (2) Conditions for Landlord's Approval. Provided that Tenant is not in default of any of Tenant's obligations under this Lease as of the time of Landlord's consent, 38 983004.I pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 and as of the effective date of the proposed assignment or commencement date of the proposed sublease, Landlord's consent (which must be in writing and form reasonably satisfactory to Landlord) to the proposed assignment or sublease shall not be unreasonably withheld, provided and upon condition that: (i) In Landlord's sole but reasonable judgment, the proposed assignee or subtenant is engaged in a business or activity, and the Premises will be used in a manner, that (i) is in keeping with the then standards of the Building and/or with the standards of comparable buildings located in the vicinity of the Building, (ii) is limited to the use of the Premises for the Permitted Use, and (iii) will not violate any negative covenant as to use contained in any other lease of space in the Building; (ii) The proposed assignee or subtenant is a reputable person or entity of good character and with sufficient financial worth considering the responsibility involved, and Landlord has been furnished with reasonable proof thereof; (iii) The proposed assignee or sublessee is not a person with whom Landlord is then negotiating to lease space in the Project or any other property owned by Landlord or an affiliate of Landlord in the immediate vicinity of the Project; (iv) The form of the proposed sublease (i) shall be in fonn reasonably satisfactory to Landlord and (ii) shall comply with the applicable provisions of this Article X; (v) Any sublease shall be a sublease for all of the Premises; (vi) The amount of the aggregate rent to be paid by the proposed subtenant is not less than the then current market rent per rentable square foot for the Premises as though the Premises were vacant, and the rental and other terns and conditions of the sublease are the same as those contained in the proposed sublease furnished to Landlord pursuant to (1) above; (vii) Tenant shall reimburse Landlord on demand for the costs that may be incurred by Landlord in connection with said assignment or sublease, including without limitation, the costs of making investigations as to the acceptability of the proposed assignee or subtenant and the reasonable legal costs incurred in connection with the granting of any requested consent; (viii) Tenant shall not have publicly advertised in any way the availability of the Premises without prior notice to Landlord, nor shall any advertisement state the name (as distinguished from the address) of the Building or the proposed rental or list the Premises for subletting or assignment with a broker, agent or representative other than the then managing agent of the Building or other agent designated by Landlord; (ix) The proposed subtenant or assignee shall not be entitled, directly or indirectly, to diplomatic or sovereign immunity and shall be subject to the service of process in, and the jurisdiction of the courts of the State of Florida; 39 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (x) The proposed assignee or sublessee concurrently with the delivery of the assignment or sublease agreement, as the case may be, delivers to Landlord such additional security as Landlord may reasonably request based on, among other things, the financial worth and business experience of such proposed assignee or subtenant (but in no event less than an amount equal to two (2) months' Fixed Rent payable by Tenant hereunder during the last Lease Year), to be held by Landlord as additional security in accordance with this Lease. In addition, the principals of the proposed assignee or subtenant, as the case may be, shall deliver a "good guy" guaranty in favor of Landlord in form and substance reasonably satisfactory to Landlord; (xi) The proposed assignee or sublessee, concurrently with the delivery of the assignment or sublease agreement, as the case may be, delivers to Landlord a mutually certified statement of the full extent of the consideration, if any, to be paid to Tenant by the assignee or the sublessee for or by reason of such assignment or sublease, as the case may be, (including, but not limited to, sums paid for the sale of Tenant's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property); and (xii) The Guarantor (as hereinafter defined) shall remain fully liable under the Guaranty (as hereinafter defined). (3) Reactivation of Tennination Option. In the event that (i) Landlord consents to a proposed assignment or sublease, and (ii) Tenant fails to execute and deliver the assignment or sublease to which Landlord consented within ninety (90) days after the giving of such consent, then Tenant shall again comply with all of the provisions and conditions of Section 10 above before assigning this Lease or subletting the Premises. (4) Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that: (i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease; (ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord; (iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease, Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attom to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense not expressly provided in such sublease and that theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Fixed Rent. The provisions of 40 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 this Article X shall be self -operative and no further instrument shall be required to give effect to this provision. (iv) If any Laws require that any asbestos or other hazardous material contained in or about the Premises be dealt with in any particular manner in connection with any alteration of the Premises, then it shall be the subtenant's obligation, at the subtenant's expense, to deal with such asbestos or any other hazardous material in accordance with all such Laws. (v) Each subletting pursuant to this Article X shall be subject to all of the covenants, agreements, terms, provisions and conditions contained in this Lease. Notwithstanding any such subletting to any subtenant and/or acceptance of Fixed Rent, Percentage Rent or Additional Rent by Landlord from any subtenant, (x) the Guarantor shall remain fully liable under the Guaranty, (y) Tenant shall remain fully liable for (i) the payment of the Rent due and to become due hereunder and (ii) the performance of all the covenants, agreements, terms, provisions and conditions contained in this Lease on the part of Tenant to be performed, and (z) all acts and omissions of any licensee or subtenant, or anyone claiming under or through any subtenant, that shall be in violation of any of the obligations of this Lease shall be deemed to be a violation by Tenant. Tenant further agrees that notwithstanding any such subletting, no other and further subletting of the Premises by Tenant or any person claiming through or under Tenant shall or will be made except upon compliance with and subject to the provisions of this Article X. If Landlord shall decline to give its consent to any proposed assignment or sublease, Tenant shall indemnify, defend and hold harmless Landlord against and from any and all loss, liability, damages, costs and expenses (including reasonable counsel fees) resulting from any claims that may be made against Landlord by the proposed assignee or sublessee. (5) Profits. If Landlord shall give its consent to any assignment of this Lease or to any sublease, Tenant shall in consideration therefor, pay to Landlord, as Additional Rent the following sums: (i) in the case of an assignment, an amount equal to fifty percent (50%) of the profit realized by Tenant for or by reason of such assignment calculated by subtracting all sums received from assignee for or by reason of such assignment (including, but not limited to, sums paid for the sale of Tenant's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property) from the capital investment made by Tenant to develop, improve and open the business as shown in Tenant's federal income tax returns, less all expenses reasonably and actually incurred by Tenant on account of Tenant's costs of the assignment, including, without limitation, brokerage commissions and advertising costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require); and (ii) in the case of a sublease, fifty percent (50%) of any rents, additional charges or other consideration payable under the sublease to Tenant by the subtenant that is in excess of the Rent accruing during the term of the sublease in respect of the sublease space pursuant to the terms hereof (including, but not limited to, sums paid for the sale or rental 41 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 of Tenant's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions and advertising costs in connection with such sublease, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require). The sums payable under this Section 10.1(B)(5)(ii) shall be paid to Landlord as and when payable by the subtenant to Tenant. (6) Permitted Transfers. Notwithstanding anything to the contrary contained in this Article X and without any Landlord right of recapture or profit sharing, provided, and on the condition, that, Tenant shall not then be in Default hereunder, this Lease may be assigned and Tenant shall have the right to sublease the entire Premises, without the consent of Landlord to (x) any corporation, limited liability company or other legal entity into which or with which Tenant may be merged or consolidated, or which shall purchase all or substantially all of the assets or a controlling interest in the ownership of Tenant, (y) to any Affiliate (which term "Affiliate" shall mean any entity, directly or indirectly, through one or more intermediaries, which controls, is controlled by or is under common control with Tenant, as such terms are defined below, or is a partner of Tenant) or (z) any successor entity created by merger, reorganization, recapitalization or acquisition of Tenant, provided each of the following conditions shall be complied with: (i) If such assignment or sublease of the entire Premises shall be to a successor by merger or consolidation, reorganization or recapitalization or by acquisition of assets or a controlling interest in the ownership of Tenant, such successor shall have acquired all or substantially all of the assets or a controlling interest in the ownership, and assumed all of the liabilities, of Tenant, and shall have total tangible net worth at least equal to the greater of the total tangible net worth, respectively, of Tenant as of (i) the effective date of this Lease and (ii) the date which is twelve (12) months immediately prior to the date of the assignment or sublease. (ii) If such assignment or sublease of the entire Premises shall be to an Affiliate, such Affiliate shall have assumed all of the liabilities hereunder of Tenant, and Tenant shall have expressly agreed, in writing, to continue to remain liable under this Lease, and Guarantor shall have expressly agreed, in writing, to remain liable under the Guaranty; provided, that with respect to such Affiliate, any future transaction or occurrence whereby it ceases to be an Affiliate shall not be deemed to be a Permitted Transfer (as hereinafter defined) under this (8) (but rather shall be deemed an assignment or sublease requiring Landlord's consent as provided hereinabove). (iii) The assignee or subtenant, as applicable, shall at all times use the Premises for only the Permitted. Use. (iv) The transaction shall be made for a good faith operating business purpose, and not intended to evade compliance with the provisions of this Article concerning assignment. 42 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (v) Landlord shall be given a duplicate original counterpart of the instrument of assignment, or if none then of the instrument effecting the assignment, five (5) days prior to the effective date thereof (or, if such prior delivery is precluded by applicable Law or confidentiality agreement, within ten (10) business days following the effective date thereof). For the purposes of this Subsection (8): (x) "control" shall mean the power by ownership or contract, effectively to control the operations and management of the entity controlled along with solve equity ownership; and (y) "net worth" shall be deemed to mean an entity's equity, as reported in such entity's annual financial statements (prepared in accordance with generally accepted accounting principles and audited by a "Big Four" accounting firm or other independent accounting firm reasonably acceptable to Landlord), less the intangible assets of such entity, including but not limited to, copyrights, trademarks, trade names, licenses, patents, franchises, goodwill, operating rights and deferred financing costs. Any assignment or sublease by Tenant pursuant to this (A) to an Affiliate or in connection with a sale or merger shall be for a legitimate, bona fide purpose and not, either directly or indirectly, to transfer the leasehold created hereby in order to circumvent this Article X. Any such assignment or sublease to an Affiliate shall only constitute a Permitted Transfer if and for so long as the assignee or sublessee, as applicable, remains an Affiliate of Tenant, and upon cessation of such affiliation Tenant shall treat the assignee or sublessee, as applicable, as an unrelated third party and the transfer provisions of this Article X shall apply to such assignee or sublessee, as applicable. Any transaction meeting the requirements of this (1) shall be referred to as a "Permitted Transfer". (7) Assumption by Assignee. Any assignment or transfer of this Lease shall be made only if, and shall not be effective until, the assignee shall execute, acknowledge and deliver to Landlord an agreement in form and substance satisfactory to Landlord whereby the assignee shall assume the obligations of this Lease on the part of Tenant to be perfbrmed or observed and whereby the assignee shall agree that the provisions in this Article X, shall, notwithstanding such assignment or transfer, continue to be binding upon it in respect of all future assignments and transfers. The original named Tenant covenants that, notwithstanding any assignment or transfer, whether or not in violation of the provisions of this Lease, and notwithstanding the acceptance of Rent by Landlord from an assignee, transferee, or any other party, the original named Tenant shall remain fully liable for the payment of the Rent and for the other obligations of this Lease on the part of Tenant to be performed or observed and the Guarantor shall remain fully liable under the Guaranty if not yet expired. (8) Liability by Tenant. The joint and several liability of Tenant and any immediate or remote successor in interest of Tenant and the due performance of the obligations of this Lease on. Tenant's part to be performed or observed shall not be discharged, released or impaired in any respect by any agreement or stipulation made by Landlord extending the time, or modifying any of the obligations, of this Lease, or by any waiver or failure of Landlord to enforce any of the obligations of this Lease. In no event shall any assignment of this Lease or sublease of all or any portion of the Premises, whether or not in violation of the terms and conditions of this Article X, release Tenant of any liability hereunder or release Guarantor of any liability under the Guaranty. 43 983004.1 C of pubicaring Karol Code The applicable 9d PZ-20-6099 12/07/20 (9) Re-entry by Landlord. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attom to and recognize Landlord, as its Landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's rent and Additional Rent, which shall be payable as provided in the sublease, or (iv) be obligated to perform any work in the subleased space or the Building or to prepare them for occupancy beyond Landlord's obligations under this Lease, and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to have given a waiver of the type described in and to the extent and upon the conditions set forth in this Article X. ARTICLE XI Changes by Landlord SECTION 11.1 Changes by Landlord (A) Landlord shall have the right, without the same constituting an eviction or constructive eviction of Tenant in whole or in part and without any abatement of the Rent or liability to Tenant, to (i) place (and have access to) ducts, beams, pipes, joints, foundations, supports and conduits through the Premises (without a reduction or reconfiguration of the useable area of the Premises, except to a de minimis extent), (ii) enter the Premises at reasonable times upon reasonable prior notice, which may be oral (but prior notice shall not be required in an emergency), to inspect the Premises, to show the Premises to others or to perform any work Landlord deems necessary to the Premises or the Building (including the Building systems) or for the purpose of complying with all Laws, (iii) alter, maintain or repair the Building (including 44 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 the Building systems) or the land and (iv) take all material into the Premises that may be required in connection with any of the matters described in this Section. If Tenant is not present when Landlord desires to enter the Premises, Landlord or Landlord's contractors may enter the Premises (by force, in the event of an emergency) without liability to Tenant. (B) Except as may be provided in this Lease, all exterior walls of the Building, core corridor walls, and exterior doors and entrances (other than surfaces facing the interior of the Premises and doors and entrances servicing only the Premises), balconies, terraces, vaults, Building systems and all other portions of the Building are reserved to Landlord for Landlord's use, are not part of the Premises, and Landlord may have access thereto through the Premises. (C) Landlord shall exercise Landlord's rights under this Article XI in a manner that minimizes interference with the conduct of Tenant's business in the Premises and damage to the Premises, Tenant's Work and Tenant's Property (all of which shall promptly be repaired by Landlord, at its expense), it being understood and agreed that where feasible Landlord shall not exercise Landlord's rights under this Article XI during Tenant's hours of operation. (D) Landlord shall be entitled to erect scaffolding or sidewalk sheds from time to time on and around the Building. In the event Landlord shall install or cause to be installed any scaffolding, sidewalk shed or any other protective structure on all or any portion of the storefront portion of the Building, Landlord shall use commercially reasonable efforts to minimize the period of time during which such scaffolding, sidewalk shed or other protective structure must remain in place, to the extent practicable, and the extent to which the same shall impair the visibility of the Premises. All scaffolding or sidewalk sheds, to the extent reasonably practicable, shall be double height, so as to clear any existing Tenant signs, lights and windows. In the event Tenant's signage or store windows are blocked, upon Tenant's request, but only to the extent permitted by applicable Laws, Landlord shall, at its sole cost and expense, install signage identifying Tenant by its trade name on the face of such scaffolding, sidewalk shed or other protective structure, at a location directly in front of Tenant's business storefront, which signage shall be prepared by Tenant at Tenant's sole cost and expense, it being understood and agreed that Landlord shall not place any advertising or signage, except where required by law, on the portion of the scaffolding directly in front of the Premises. In no event shall Tenant be entitled to any abatement, setoff or counterclaim against Rent as a result of the placement of scaffolding or sidewalk sheds on or around the Building of which the Premises forms a part. ARTICLE XII Casualty SECTION 12.1 Damage Generallv (A) Subject to Section 12.1(B), if any part of the Premises shall be damaged by fire or other casualty, Tenant shall give prompt notice thereof to Landlord and Landlord, after the collection of insurance proceeds attributable to such damage, shall with reasonable diligence repair such damage to any part of the Premises, the repair of which is Landlord's obligation hereunder, in a manner and at times that do not unreasonably interfere with Tenant's use of the 45 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 Premises. Notwithstanding anything to the contrary contained herein, Landlord shall not be required to repair or restore any of Tenant's property or any alteration or leasehold improvement made by Tenant or for Tenant at Tenant's expense. Tenant agrees that during any period of damage or casualty to the Premises, it will continue the operation of its business within the Premises to the extent reasonably practicable, and Tenant shall carry business interruption insurance to cover any of same for a period of twelve (12) months as required under Section 8.1 hereof. To the extent any damage or casualty under this Article 12 exceeds twelve (12) months, Tenant shall receive an abatement of Fixed Rent for each day following the twelve (12) month anniversary of said casualty that substantial completion of such restoration of the Premises (as applicable) is incomplete. Landlord shall not he liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from the undertaking of such repair. (B) Notwithstanding Section 12.1(A), if the Building shall be substantially destroyed by fire or other casualty and if in the reasonable opinion of Landlord it would not be economically feasible to rebuild the Building and Landlord elects not to rebuild, then Landlord may elect by notice to Tenant within ninety (90) days after the date of such destruction (the "Destruction Date") to terminate this Lease as of the Destruction Date and if such notice shall be given this Lease and the term and estate hereby granted shall terminate as of the Destruction Date with the same effect as if the Destruction Date were the Expiration Date of the term of this Lease and Tenant shall pay the Rent thereunder justly apportioned to the Destruction Date. (C) In the event Landlord does not terminate this Lease in accordance with the provisions herein above, Landlord shall repair or rebuild the Premises in accordance with Section 12.1(A) above. The estimates required herein shall be provided by an independent architect, representative and/or contractor selected by Landlord within thirty (30) days following said damage or casualty. (D) Landlord shall have no obligation to carry insurance of any kind on Tenant's goods, furniture or furnishings or on Tenant's Property, and Landlord shall not be obligated to repair any damage thereto or to replace the same. (E) Notwithstanding anything to the contrary, Landlord's restoration obligations shall be limited to the amount of insurance proceeds actually received by Landlord less any deductible, and Landlord shall only be required to restore the Premises to the condition it was in on the Commencement Date. (F) If thc Premises shall be damaged by fire or other casualty to the extent of more than twenty-five percent (25%) of the cost of replacement thereof during the last two (2) years of the initial Tenn, whether or not Tenant has exercised its option to renew the Lease as provided in Section 1.6, Landlord may terminate this Lease by notice to Tenant given within ninety (90) days after such event, and upon the date specified in such notice, which shall be not less than thirty (30) days and not more than sixty (60) days after the giving of said notice, this Lease shall terminate and Tenant shall forthwith quit, and surrender the Premises to Landlord without prejudice to any rights Landlord may have against Tenant prior to thc termination of this Lease. 46 983004.1 C of aring Karol Code The applicable dec.. pubic PZ-20-6099 12/07/20 SECTION 12.2 Express Agreement (A) This Lease shall be considered an express agreement governing any case of damage to or destruction of the Building or the Premises by fire or other casualty, and any law that purports to govern the absence of express agreement, and any law of like import shall have no application. ARTICLE XIII Condemnation SECTION 13.1 Condemnation (A) If there shall be a taking of the entire Premises in condemnation proceedings or by any right of eminent domain, this Lease and the Term and estate hereby granted shall forthwith cease and terminate as of the earlier of the date of vesting of title in such taking or the date of taking of possession by the condemning authority. (B) In the event of a taking of a portion of the Premises in the manner described in subsection (A) above, Tenant shall not be entitled to any abatement of Rent on account of such taking with respect to the portion of the Premises not so taken; provided, however, that Tenant shall be entitled to an abatement of Fixed Rent on account of such taking by a percentage, which shall be equal to a fraction, the numerator of which shall be the area of the portion of the Premises so taken and the denominator of which shall be the area of the entire Premises prior to such taking. SECTION 13.2 Award (A) In the event of a taking of all of the Premises or the storefront, Landlord shall be entitled to receive the entire award in the condemnation proceeding, including any award made for the value of the estate vested by this Lease in Tenant, and Tenant hereby assigns to Landlord any and all right, title and interest of Tenant now or hereafter arising in or to any such award or any part thereof; provided, however, that nothing contained herein shall preclude Tenant from intervening in any such condemnation proceeding to claim or receive from the condemning authority any compensation to which Tenant may otherwise be lawfully entitled in such case in respect of Tenant's Property, for moving to a new location, or reimbursement for tenant improvements, provided the same do not include any value of the estate vested by this Lease in Tenant and further provided the same do not in any way diminish the value of Landlord's award. SECTION 13.3 Condemnation for a Limited Period (A) Notwithstanding the foregoing, if all or any portion of the Premises shall be condemned or taken for governmental occupancy for a limited period of less than ninety (90) days, this Lease shall not terminate, the Rent shall not be abated and Tenant shall be entitled to receive the entire award therefor (whether paid as damages, rent or otherwise) unless the period of govemmental occupancy extends beyond the expiration of this Lease, in which case Landlord 47 983O04.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 shall be entitled to such part of such award as shall be properly allocable to the cost of restoration of the Premises, and the balance of such award shall be apportioned between Landlord and Tenant as of the date of such expiration. If the termination of such governmental occupancy is prior to expiration of this Lease, Tenant shall to the extent of any award restore the Premises as nearly as possible to the condition in which they were prior to the condemnation or taking. ARTICLE XW Accidents to Sanitary And Other Systems SECTION 14.1 Accidents to Sanitary and Other Systems (A) Tenant shall give to Landlord prompt notice of any damage to, or defective condition in, any part of the Premises or the Structural Elements or any of the Building's mechanical, electrical or plumbing systems, and (i) Tenant shall promptly remedy any such damage or defective condition in the Premises and (ii) Landlord shall remedy with reasonable diligence any such damage or defective condition in the Structural Elements or any of the Building's mechanical, electrical or plumbing systems located outside of the Premises; provided, however, that if any such damage or defective condition was caused by, or is attributable to, Tenant Alterations or the unreasonable or improper use of such system by Tenant or its employees, licensees or invitees, the cost of the remedy thereof shall be paid by Tenant upon demand. ARTICLE XV Subordination; Non -Terminability of Lease SECTION 15.1 Subordination (A) This Lease and all rights of Tenant hereunder are and shall be subject and subordinate to all ground leases, master leases, overriding leases and underlying leases, party wall agreements, reciprocal easements and operating agreements, building sharing agreements, facade and/or open space easements and other matters of record affecting the land, the Building, and/or that portion of the Building of which the Premises are a part, now or hereafter existing, and to all mortgages and assignments of leases and rents (each such mortgage or assignment is hereinafter referred to as a "mortgage") that may now or hereafter affect the land and/or the Building and/or that portion of the Building of which the Premises are a part and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings and/or leases, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self -operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute, acknowledge and deliver any instrument that Landlord, the lessor under any such lease or the holder of any such mortgage or any of their respective successors -in - interest may reasonably request to evidence such subordination; and if Tenant fails to execute, acknowledge or deliver any such instruments within ten (10) business days after Landlord's written request therefor, Tenant hereby irrevocably constitutes and appoints Landlord as 48 983004.1 Gha PZ-20-6099 12/07/20 Tenant's attorney -in -fact, coupled with an interest, to execute and deliver any such instruments for and on behalf of Tenant. Any lease to which this Lease is, at the time referred to, subject and subordinate is herein called "Superior Lease" and the lessor of a Superior Lease or its successor in interest, at the time referred to, is herein called "Superior Lessor"; and any mortgage to which this Lease is, at the time referred to, subject and subordinate is herein called "Superior Mortgage" and the holder of a Superior Mortgage is herein called "Superior Mortgagee". If any Superior Mortgagee or Superior Lessor requires one or more modifications to this Lease and the requested modifications do not materially and adversely modify Tenant's rights and obligations under this Lease, Tenant shall execute whatever documentation shall be required by such Superior Mortgagee or Superior Lessor to effect the modifications and to return such documentation to Landlord within seven (7) days of the date such documentation shall be delivered, it being understood and agreed that Tenant's failure to return such documentation to Landlord within such seven (7) day period shall constitute a default under this Lease. SECTION 15.2 Non -Terminability of Lease (A) Tenant's Interest Not Transferable. Neither Tenant's interest in this Lease, nor any estate hereby created in Tenant nor any interest herein, shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law except as may specifically be provided pursuant to the United States Bankruptcy Code or any state bankruptcy, insolvency or similar statute, as amended from time to time (the "Bankruptcy Code"). (B) Termination. In the event the interest or estate created in Tenant hereby shall be taken in execution or by other process of law, or if any guarantor of Tenant's obligations under this Lease or its or their executors, administrators or assigns, if any, shall be adjudicated insolvent or bankrupt pursuant to the provisions of any State Act or the Bankruptcy Code or if Tenant is adjudicated insolvent by a court of competent jurisdiction other than the United States Bankruptcy Court, or if a receiver or trustee of the property of Tenant or any Tenant's guarantor shall be appointed by reason of the insolvency or inability of Tenant or said guarantor to pay its debts, or if any assignment shall be made of the property of Tenant or any guarantor for the benefit of creditors, then and in any such events, this Lease and all rights of Tenant hereunder shall automatically cease and terminate with the same force and effect as though the date of such event were the date originally set forth herein and fixed for the expiration of the Lease Term, and Tenant shall vacate and surrender the Premises but shall remain liable as hereinafter provided. (C) Tenant's Obligation to Avoid Creditors' Proceedings Tenant or any guarantor aforesaid shall not cause or give cause for the appointment of a trustee or receiver of the assets of Tenant or such guarantor and shall not make any assignment for the benefit of creditors, or become or be adjudicated insolvent. The allowance of any petition under any insolvency law except under the Bankruptcy Code or the appointment of the trustee or receiver of Tenant or any guarantor or of the assets of either of them, shall be conclusive evidence that Tenant caused, or gave cause therefor, unless such allowance of the petition, or the appointment of the trustee or receiver, is vacated within thirty (30) days after such allowance or appointment. Any act described in this Section 15.2(C) shall be deemed a material breach of Tenant's obligations hereunder and an event of default, and this Lease shall thereupon automatically terminate. Landlord does, in addition, reserve any and all other remedies provided in this Lease or at law or in equity. 49 983004.1 C of pubicwing Karol Code The applicable 9d PZ-20-6099 12/07/20 (D) Rights and Obligations Under the Bankruptcy Code. Upon filing of a petition by or against Tenant under the Bankruptcy Code, Tenant, as debtor and/or as debtor in possession, and any trustee who may be appointed agree as follows: (i) to perform each and every obligation of Tenant under this Lease including, but not limited to, the manner of conduct of Tenant's business as provided in this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; (ii) to pay monthly in advance on the first day of each month as reasonable compensation for use and occupancy of the Premises an amount equal to all Rent otherwise due pursuant to this Lease; (iii) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter time as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of the petition under any other chapter; (iv) to give Landlord at least forty-five (45) days prior written notice of any proceeding relating to any assumption of this Lease; (v) to give at least thirty (30) days prior written notice of any abandonment of the Premises, any such abandonment to be deemed a rejection of this Lease; (vi) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; (vii) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viii) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. (E) No Waiver. No default of this Lease by Tenant, either prior to or subsequent to the filing of such a petition, shall be deemed to have been waived unless expressly done so in writing by Landlord. (F) Other Obligations. Included within and in addition to any other conditions or obligations imposed upon Tenant or its successor in the event of assumption and/or assignment are the following: (i) the cure of any monetary defaults and the reimbursement to Landlord of pecuniary loss within no more than thirty (30) days of assumption and/or assigmnent; (ii) the deposit of an additional sum of money with Landlord equal to six (6) months' Rent, to be held as a security deposit to the extent permitted by the Bankruptcy Code or by an appropriate United States Bankruptcy Court; (iii) the use of the Premises only as set forth in this Lease and the quality, quantity and/or lines goods or services required to be offered for sale remaining unchanged; (iv) the reorganized debtor or assignee of such debtor in possession or of Tenants' trustee demonstrating in writing that it has sufficient background including, but not limited to substantial experience and financial ability to operate out of the Premises in the manner contemplated in this Lease and meeting all other reasonable criteria of Landlord as did Tenant upon execution of this Lease; (v) the prior written consent of any mortgagee to which this Lease has been assigned as collateral security; and, (vi) the Premises, at all times, remaining a single unit with no physical changes of any kind being made to the Premises unless in compliance with the applicable provisions of this Lease. ARTICLE XVI Right to Perform Covenants of Tenant SECTION 16.1 Tenant's Default 50 983004.1 C of pubicaring Karol Code The applicable 9d PZ-20-6099 12/07/20 (A) If Tenant shall be in default under this Lease beyond any applicable notice and grace periods, Landlord may cure the same at the expense of Tenant (i) in the case of emergency or in case such default will result in a violation of law, a cancellation of an insurance policy maintained for the Building, or damage to the Building or to space leased to another tenant of the Building, immediately and without notice and (ii) in any other case, if such default continues after thirty (30) days from the date that Landlord gives Tenant notice of Landlord's intention to so perform the same (the "Cure Period"); provided, that if a default cannot with due diligence be cured within thirty (30) days from the date of such notice for causes beyond Tenant's reasonable control, the Cure Period shall be deemed extended if (a) immediately upon the receipt of such notice, Tenant advises Landlord of Tenant's intention to institute all steps necessary to cure such default and (b) Tenant institutes and thereafter diligently prosecutes to completion all steps necessary to cure the same. SECTION 16.2 Payments (A) Bills for all reasonable costs and expenses incurred by Landlord in connection with any performance by it under Section 16.1 shall be payable within thirty (30) days after notice of the amount thereof together with interest thereon at four per cent (4%) over the prime commercial lending rate at the time announced by Citicorp, N.A. to be in effect at its principal office in New York City and shall be deemed Additional Rent hereunder. SECTION 16.3 Additional Rent (A) If any cost, expense, charge, amount or sum (other than Fixed Rent) payable by Tenant as provided in this Lease is not paid when due, the same shall be due and payable by Tenant as Additional Rent hereunder and Landlord shall have the same remedy for failure to pay Additional Rent as it has for the failure to pay Fixed Rent. ARTICLE XVII Estoppel Certificates SECTION 17.1 Estoppel Certificates (A) Tenant shall, upon not less than ten (10) days' prior notice, execute, acknowledge and deliver to Landlord a statement (i) certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (ii) certifying the dates to which the Rent has been paid in advance, (iii) stating whether or not to the best knowledge of Tenant, Landlord is in default under this Lease, and if so, specifying such default and/or (iv) certifying to such other matters with respect to this Lease as may be reasonably requested. Tenant hereby irrevocably constitutes and appoints Landlord as attorney in fact for Tenant to execute any such instrument for and on behalf of Tenant if Tenant fails to timely execute and deliver same to Landlord. Any such certificate may be relied upon by any third party, prospective purchaser or mortgagee of the Premises or any part thereof. 51 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 ARTICLE XVIII Conditional Limitation SECTION 18.1 Conditional Limitation (A) This Lease and the term and estate hereby granted are subject to the limitation that: (B) in case Tenant shall default in the payment of any Rent on any date upon which the same becomes due or Tenant shall refuse to take possession of the Premises upon delivery of possession or shall vacate the Premises and permit same to remain unoccupied and unattended and any such defaults shall continue for ten (10) days after Landlord shall have given to Tenant a notice specifying such default, or (C) in case Tenant shall default in the keeping, observance or performance of any covenant or agreement (other than a default of the character referred to in paragraph (B) of this Section 18.1), and if such default shall continue and shall not be cured by any person within thirty (30) days after Landlord shall have given to Tenant a notice specifying the same, or, in the case of a default that, for causes beyond Tenant's reasonable control, cannot with due diligence be cured within such period of thirty (30) days, if Tenant (i) shall not, promptly upon the giving of such notice, advise Landlord of Tenant's intention duly to institute all steps necessary to cure such default or (ii) shall not duly institute and thereafter diligently prosecute to completion all steps necessary to cure the same, then, in any of such cases set forth in Section 18.1(B) or this Section 18.1(C), Landlord shall, in addition to any other remedies available to it at law or in equity, be entitled to give to Tenant a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of the giving of such notice, and, in the event such notice is given, this Lease and the term and estate hereby granted shall terminate upon the expiration of such five (5) days with the same effect as if the last day of such five (5) days were the Expiration Date of the Term of this Lease, but Tenant shall remain liable for damages as provided herein or pursuant to law. For the avoidance of doubt, the parties acknowledge that the five (5) day notice of intention to end the Term of this Lease is not an additional period within which Tenant may cure the specified default. SECTION 18.2 Legal and Other Costs (A) Tenant acknowledges that if Tenant shall fail to timely comply with any and all of its obligations under this Lease, Landlord will incur unanticipated legal and other costs in the preparation and service of a notice advising Tenant of such failure, and that $1,000 is a reasonable estimate of such costs. Tenant shall pay such sum as Additional Rent (in addition to any other sums required hereunder) within seven (7) days of the date of any such notice Landlord shall deliver to Tenant. SECTION 18.3 Cross -Default (A) If the term of any other lease between Tenant or its affiliate, as tenant, and Landlord or its affiliate, as landlord, shall be terminated or become terminable because of a 52 983004.1 C of aring Karol Code The applicable pubic PZ-20-6099 12/07/20 default by the tenant under such other lease, Landlord shall be entitled, upon notice to Tenant, (i) to give to Tenant a notice of intention to end the Term of this Lease in accordance with the provisions set forth in Section 18.1(C) hereof, or (ii) to add any sums due the landlord under such lease to the Additional Rent due under this Lease. ARTICLE XIX Re -Entry by Landlord; Damages; End of Term SECTION 19.1 Re-entry by Landlord (A) If this Lease shall terminate in accordance with the conditional limitation set forth in Section 18.1 or if the Term of this Lease shall expire under Section 1.2, Landlord or Landlord's agents and employees may immediately or at any time thereafter re-enter into or upon the Premises and dispossess Tenant therefrom, or any part thereof, through summary proceedings or otherwise, including the use of peaceful self-help (including, without limitation by locking Tenant out of the Premises). Landlord shall not be liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the Premises again as and of its first estate and interest therein. The words "re-enter", "re-entry", and "re-entering " as used in this Lease are not restricted to their technical legal meanings, and includes peaceful self-help. Tenant acknowledges that no prior or subsequent court order or court process shall be necessary in connection with Landlord's use of self-help to re-enter the Premises. SECTION 19.2 Damages (A) In the event of a termination of this Lease, Tenant shall pay to Landlord, as damages, at the election of Landlord, sums equal to the aggregate of all Rent that would have been payable by Tenant had this Lease not terminated, payable upon the due dates therefor specified herein until the date hereinbefore set forth for the expiration of the Term; provided, however, that if Landlord shall relet all or any part of the Premises for all or any part of the period commencing on the day following the date of such termination and ending on the date hereinbefore set forth for the expiration of the Term, Landlord shall credit Tenant with the net rents received by Landlord from such reletting, when received, net of expenses incurred or paid by Landlord in terminating this Lease and re-entering the Premises and securing possession thereof, as well as the expenses of reletting, including altering and preparing the Premises for new tenants, brokers' commissions, and all other expenses properly chargeable against the Premises and the rental therefrom in connection with such reletting, it being understood that any such reletting may he for a period equal to or shorter or longer than said period; provided, further, that (i) in no event shall Landlord have any obligation to relet the Premises or any part thereof or be liable for refusal or failure to collect any rent due upon such reletting; (ii) in no event shall Tenant be entitled to receive any excess of such net rents over the sums payable by Tenant to Landlord hereunder, (iii) in no event shall Tenant be entitled, in any suit for the collection of damages pursuant to this paragraph to a credit in respect of any net rents from a reletting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iv) if the Premises or any part thereof should be relet in 53 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 combination with other space, then proper apportionment on a square foot basis shall be made of the rent received from such reletting and of the expenses of reletting. SECTION 19.3 Rent Acceleration. (A) As an alternative to the remedy set forth in Section 19.2, Landlord may recover from Tenant, as liquidated damages, in addition to any unpaid Rent accrued to the date of such termination, an amount equal to the aggregate of all Rent reserved hereunder. However, nothing herein contained shall limit or prejudice the right of Landlord to prove and obtain as liquidated damages by reason of such termination an amount equal to the maximum allowed by the statute or rule in effect at the time when, and governing the proceedings in which such damages are to be proved, whether such amount be greater, equal to, or less than the amount referred to above. The terms of this Section 19.3 shall expressly survive the termination of this Lease. SECTION 19.4 Other Remedies (A) Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. SECTION 19.5 Right to Injunction (A) In the event of a breach or threatened breach on the part of either party with respect to any of the covenants or agreements on the part of or on behalf of the other to be kept, observed or performed, Landlord or Tenant shall also have the right of injunction. The specified remedies to which either party may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which such party may lawfully be entitled at any time, and such party may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. Tenant agrees that if Landlord has delivered a notice to cure pursuant to Article XIX and Tenant seeks a preliminary injunction to extend and/or toll the cure period during the pendency of litigation to determine the propriety of the notice to cure or the existence of an alleged default, Tenant shall be required to pay Rent to Landlord, without prejudice and as if such dispute did not exist, as a condition to obtaining such extension or tolling of the cure period. The failure to make such payments shall be an independent default subject to Section 18.1(B). Any such payments shall be without prejudice to the court's determination that Landlord shall be required to refund or credit to Tenant all or some of such payments. SECTION 19.6 Certain Waivers (A) Tenant waives and surrenders all right and privilege that it might have under or by reason of any present or future law to redeem the Premises or to have a continuance of this Lease for the Term hereof after Tenant is dispossessed or ejected therefrom by process of law or under the terms of this Lease. Tenant also waives the provisions of any law relating to notice and/or delay in levy of execution in case of any eviction or dispossession for nonpayment 54 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 of Rent, or of any successor or other law of like import. Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either party against the other on any matters whatsoever arising out of or in any way connected with this Lease or Tenant's use or occupancy of the Premises. ARTICLE XX Notices SECTION 20.1 Notices (A) Any notice, consent, approval, agreement, certification, request, bill, demand, statement, acceptance or other communication hereunder (a "Notice") shall be in writing and shall have been duly given or furnished if delivered in person, mailed or dispatched in the United States mail, postage prepaid, registered or certified mail, return receipt requested, or by a recognized national air courier service such as Federal Express for next business day delivery, addressed to the party to which the same is to be delivered or given, in all cases, at such party's address(es) as set forth below or to such other address or addressee as said party may designate by a notice given pursuant hereto. All notices, demands and requests shall be effective upon receipt, if delivered in person; three (3) business days after being deposited in the United States mail; or one (1) business day after being deposited with the recognized national air courier service as required above. Rejection or other refusal to accept or inability to deliver because of changed address of which notice was not given as required herein shall be deemed to be receipt of the notice, demand or request sent. Any notices hereunder shall for all purposes be deemed to have been sent by Landlord or Tenant, as applicable, if sent by such respective party's attorney. All notices sent to Landlord shall be sent to: Thor Wynwood Walk JV, LLC 25 West 39th Street, 2"d Floor New York, New York 10018 Attn: Justin A. Xenitelis, Esq., General Counsel W ith an additional copy by like means to: Pryor Cashman LLP 7 Times Square New York, New York 10036 Attn: Bradley A. Kaufman, Esq. All notices sent to Tenant shall be sent to: Les Corieri 5830 E Caballo Dr Paradise Valley, Arizona 55 983004.1 C of aring Karol Code The applicable pubic PZ-20-6099 12/07/20 With an additional copy to: Tami Shreve 7340 East Indian Plaza Scottsdale AZ 85251 ARTICLE XXI Miscellaneous SECTION 21.1 Limitation of Landlord's Liability (A) The covenants and agreements on the part of Landlord to be performed under this Lease shall be binding upon Landlord herein named only for so long as Landlord retains an interest in the Building and shall not survive the transfer of its interest in the Building (provided that nothing herein contained shall relieve Landlord from any liability hereunder accrued prior to the date of such transfer), and in the event of such transfer such covenants and agreements shall thereafter be binding upon each transferee of such interest, but only with respect to the period beginning with the date of such transfer and ending with the date of subsequent transfer of such interest. Notwithstanding any other provision in this Lease to the contrary, Tenant shall look solely to Landlord's interest in the Building for the recovery of any judgment against Landlord and in no circumstances shall Landlord or any partner, member, manager, shareholder, officer or director be personally liable nor shall Tenant have recourse to any other assets of Landlord for satisfaction of any claim Tenant may have against Landlord. SECTION 21.2 Entire Agreement (A) This Lease contains all of the agreements and understandings relating to the leasing of the Premises and the obligations of Landlord and Tenant in connection therewith and neither party nor any agent or representative of either thereof has made or is making, and neither party in executing and delivering this Lease is relying upon, any warranties or representations, except to the extent set forth in this Lease. All understandings and agreements heretofore made between Landlord and Tenant relating to the leasing of the Premises are merged in this Lease, which alone fully and completely expresses their agreement. The Exhibits annexed to this Lease are hereby incorporated herein and made a part hereof. Landlord and Tenant specifically acknowledge that they have had the opportunity to consult counsel of their choosing with respect to the negotiation of this Lease and the rights and obligations set forth herein. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Lease, or to any schedules or exhibits hereto. SECTION 21.3 No Waiver. Etc. (A) The failure of Landlord or Tenant to insist in any instance upon the strict keeping, observance or performance of any covenant or agreement contained in this Lease or to exercise any election herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or agreement, but the same shall continue and remain in full force 56 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 and effect. No waiver by either Landlord or Tenant of any covenant or agreement contained in this Lease shall be deemed to have been made unless set forth in a writing executed by the party whose rights are being waived. No surrender of possession of any part of the Premises shall release Tenant from any of its obligations hereunder unless accepted by Landlord. The receipt and retention by Landlord, and the payment by Tenant, of Rent with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach by either Landlord or Tenant. SECTION 21.4 Oral Modification (A) This Lease sets forth the entire agreement between the parties, superseding all prior agreements and understandings, written or oral, and may not be altered or modified except in writing and signed by both parties. SECTION 21.5 Surrender and Holding Over (A) Tenant shall deliver up and surrender to Landlord possession of the Premises upon the expiration or earlier termination of the Lease Term, broom clean, free of debris and Tenant's personal property (excepting fixtures, equipment, improvements and installations attached to, or built into, the Premises), in good order, condition and state of repair (excepting ordinary wear and tear, damage by casualty or condemnation, and any repairs that are Landlord's obligation hereunder) and shall deliver the keys at the office of Landlord. If not sooner terminated as herein provided, this Lease shall terminate at the end of the Lease Term without the necessity of notice from either Landlord or Tenant to terminate the same; Tenant hereby waiving notice to vacate the Premises and agreeing that Landlord shall be entitled to the benefit of all provisions of law respecting the summary recovery of possession of premises from a tenant holding over to the same extent as if statutory notice had been given. If Tenant or any party claiming under Tenant remains in possession of the Premises, or any part thereof, after any termination of this Lease, no tenancy or interest in the Premises shall result therefrom, unless Landlord elects as hereinafter provided, but such holding over shall be an unlawful detainer and all such parties shall be subject to immediate eviction and removal. If without the consent of Landlord, Tenant or any party claiming under Tenant remains in possession of the Premises, or any part thereof, after any termination of this Lease, Landlord may, in addition to its other rights, elect at its sole option and discretion to treat such holding over by Tenant as the creation of a month -to -month tenancy subject to all of the terms, covenants and conditions as are set forth in this Lease insofar as the same are applicable to a month -to -month tenancy, except that the monthly Fixed Rent of such holdover, shall be three hundred percent (300%) of the greater of (x) fair market value of the Premises and (y) the aggregate sum of the monthly Fixed Rent payable in the last Lease Year of the Lease Term and the average monthly amount of all other Additional Rent and other charges paid by Tenant in the last Lease Year of the Lease Term. If Tenant or any party claiming under Tenant shall holdover with Landlord's consent (negotiations between Landlord and Tenant, prior to the end of the Lease Term for a Lease Term extension, shall not be deemed Landlord's consent to a holdover) then such holding over shall be on such terms as Landlord and Tenant shall determine, or if no specific determination is made, then on a month -by -month basis, subject to all of the terms, covenants and conditions as set forth in this Lease insofar as the same are applicable to a month -to -month tenancy. The period of any holding over by Tenant as aforesaid, whether on a month -to -month basis or otherwise, shall be 57 983004.I Ghn, �9 .A PZ-20-6099 12/07/20 deemed an automatic extension of the initial Term or Renewal Term (as the case may be) for only a period concurrent with the period of such holding over. In the event Tenant or any party claiming under Tenant shall holdover without Landlord's consent and if Landlord incurs any expense in removing Tenant, any subtenant, or any other person holding by, through, or under Tenant or any subtenant, who has failed to so surrender the Premises or any part thereof, Tenant shall reimburse Landlord as Additional Rent (x) for the cost and expense (including, without limitation, reasonable attorneys' fees, disbursements and court costs) of removing such subtenant or such person and (y) any and all damages in connection with the loss of any future tenant, and such obligation shall survive the expiration or earlier termination hereof. SECTION 21.6 Severability (A) If any covenant or agreement of this Lease or the application thereof to any person or circumstance shall be held to be invalid or unenforceable, then and in each such event the remainder of this Lease or the application of such covenant or agreement to any other person or any other circumstance shall not be thereby affected, and each covenant and agreement hereof shall remain valid and enforceable to the fullest extent permitted by law. SECTION 21.7 Attorneys' Fees (A) Whenever any default, request or inaction by Tenant causes Landlord to engage an attorney and/or incur any other expense, and in any action or proceeding that Landlord may prosecute or defend to enforce or defend its rights hereunder, Tenant shall pay all reasonable out-of-pocket costs incurred by Landlord, including reasonable attorneys' fees to be fixed by the court, and such costs and attorneys' fees shall be made a part of the judgment such action. If Landlord commences any detainer suit, summary proceedings or other action seeking possession of the Premises, Tenant agrees not to interpose by consolidation of actions, removal to chancery or otherwise, any counterclaim, claim for set-off, recoupment or deduction of Rent, or other claim seeking affirmative relief of any kind (except a mandatory or compulsory counterclaim which Tenant would forfeit if not so interposed). SECTION 21.8 Broker (A) Tenant hereby warrants to Landlord that Tenant has not employed or dealt with a broker, agent or finder in connection with this Lease, other than Krista Karnis of One Sotheby's Intemational, ("Tenant's Broker"). Landlord shall pay Tenant's Broker a commission pursuant to a separate written agreement between Tenant's Broker and Landlord. Tenant shall indemnify and hold Landlord harmless from and against any claim or claims for brokerage or other commissions asserted by any broker, agent or finder (other than Tenant's Broker) employed by Tenant or with whom Tenant has dealt with in connection with this Lease. Tenant's indemnity obligations under this Section shall survive expiration or earlier termination hereof. SECTION 21.9 Successors and Assigns 58 983004.1 Ghn, �9 .A PZ-20-6099 12/07/20 (A) The covenants and agreements contained in this Lease shall bind and inure to the benefit of Landlord and Tenant, their respective successors and assigns and all persons claiming by, through or under them. SECTION 21.10 Consent (A) In the event that it is provided in this Lease that the exercise of any right by, or performance of any obligation of, Tenant shall be subject to the consent or approval of Landlord, and that the consent or approval of Landlord shall not be unreasonably withheld or delayed, then in any case in which Landlord shall withhold or delay its consent, such determination by Landlord shall be conclusive upon Tenant, unless Tenant shall, within sixty (60) days after Notice from Landlord of its determination, elect to have this matter submitted for determination to a Court of competent jurisdiction or for expedited arbitration pursuant to the rules of the American Arbitration Association, which such submission shall be the sole remedy of Tenant for any such withholding of consent or approval by Landlord. In the event that any matter shall be submitted by Tenant pursuant to the provisions of this Section, the sole issue shall be the determination as to whether the withholding of consent or approval by Landlord shall have been reasonable or unreasonable, and in the event that a determination shall be made that the withholding of consent or approval by Landlord was unreasonable, then the decision shall annul such withholding of consent or approval, such annulment being the sole remedy of Tenant; it being the intention of the parties hereto (as to which they are conclusively bound) that in no event shall any such withholding or delay of consent or approval by Landlord, or any decision with respect thereto: (i) impose any financial liability upon or result in any damages being recoverable from Landlord other than the recovery of Tenant's reasonable attorney fees; and/or (ii) create any right cognizable or remedy enforceable in favor of Tenant and against Landlord in law or equity or under any special statutory proceeding or at all; provided, however, that any such decision may also provide for an assessment of the costs of the proceeding with respect thereto as between Landlord and Tenant. Any consent or approval required of Landlord in any provision of this Lease may be withheld by Landlord in its sole discretion unless the provision requiring such consent or approval specifically states that Landlord shall not withhold such consent or approval unreasonably. SECTION 21.11 Postponement of Performance (A) In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reasons of strikes, labor troubles, inability to procure labor or materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, Acts of God, fire or other casualty, condemnation or other reason of a similar or dissimilar nature beyond the reasonable control of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, after the Commencement Date, which date shall be subject to a delay occasioned by the above causes, nothing contained in this Section shall operate to excuse Tenant from the prompt payment of Rent or any other payments or charges required by the terms of this Lease (except as otherwise specifically provided for pursuant to the terms of this Lease), or shall 59 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 operate to extend the Lease Tenn. Delays or failures to perform resulting from lack of funds shall not be deemed delays beyond the reasonable control of a party. SECTION 21.12 Express Provision to the Contrary (A) If any provision of this Lease shall conflict in any respect with any law, statute, rule or regulation of any governmental or quasi -governmental authority having jurisdiction, then in such respect the provisions of this Lease shall govern and control in lieu thereof and shall be deemed to be express provisions to the contrary of any such law, statute, rule or regulation. SECTION 21.13 Earlier Lease Expiration. (A) Notwithstanding anything in this Lease to the contrary, Landlord may, by notice to Tenant (the "Termination Notice"), elect to have the Term of this Lease cease and expire on an earlier date because Landlord intends to demolish the Project for future redevelopment, so long as Landlord similarly terminates all other leases in the Project. Tenant agrees that this provision is a conditional limitation. The Termination Notice shall provide that this Lease shall cease and expire on a date (the "Termination Date") that shall be no earlier than twelve (12) months from the date of the Termination Notice and in no event shall Landlord have the right to cause the Termination Date to occur within the first three (3) Lease Years. Upon Landlord sending the Termination Notice as herein provided, this Lease shall cease and expire on the Termination Date with the same force and effect as if the Termination Date had originally been provided for as the Expiration Date of this Lease. If, after Landlord has given the Termination Notice, Tenant fails for any reason whatsoever to vacate the Premises by the Termination Date and notwithstanding anything in this Lease to the contrary, then same shall constitute a holdover and the provisions of Section 21.5 shall apply. Upon the date Tenant vacates, so long as Tenant is not then in default, Landlord shall pay to Tenant (x) Tenant's then unamortized costs of the initial Tenant's Work as of the Termination Date, as reflected in Tenant's tax returns and as otherwise reasonably evidenced to Landlord plus (y) an amount equal to (a) Tenant's EBITDA for the preceding twelve (12) month period multiplied by (b) ten (10). The foregoing shall be without prejudice to Landlord's exercising any other rights or remedies provided to Landlord under this Lease or under applicable law. SECTION 21.14 No Air Rights (A) No rights to any view or to light or air over any property, whether belonging to Landlord or any other person, are granted to Tenant by the provisions of this Lease. If at any time any windows of the Premises are temporarily darkened or the light or view therefrom is obstructed by reason of any repairs, improvements, maintenance or cleaning in or about the property, Landlord shall have no liability therefor and Tenant shall not be entitled to any reduction or diminution of Tenant's obligations under this Lease. SECTION 21.15 Information Requests 60 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (A) Tenant shall, within fifteen (15) days after Landlord's request, provide Landlord or its agent with all information reasonably requested by Landlord, its agent, or its or their compliance committee with respect to Tenant Guarantor and Tenant's affiliates, including, without limitation, its and their respective officers, directors or shareholders, and subtenants, including, without limitation, a certified statement (by Tenant's chief financial officer) of Tenant's and Tenant's affiliate's and subtenant's and Guarantor's then current financial statements. The information requested may include, without limitation, financial condition, litigation, indictment, criminal proceedings and the like in which any of the aforementioned may have been involved. Tenant shall submit to Landlord, on or before the fifteenth (15th) day of each month during the Term, commencing on the fifteenth (15th) day of the month following the month in which the Tenant opens for business, a written statement signed and certified by an officer of Tenant, without material qualification, showing Tenant's gross sales from the Premises for the preceding calendar month. SECTION 21.16 Offer (A) The submission and negotiation of this Lease shall not be deemed an offer to enter the same by Landlord, but the solicitation of such an offer by Tenant. Tenant agrees that its execution of this Lease constitutes a firm offer to enter the same, which may not be withdrawn for a period of six (6) weeks after delivery to Landlord. During such period and in reliance on the foregoing, Landlord may, at Landlord's option, deposit any Security Deposit and Rent, proceed with any alterations or improvements, and permit Tenant to enter the Premises and make alterations or improvements. If Landlord shall fail to execute and mail or deliver this Lease to Tenant within such period, Tenant may revoke its offer to enter this Lease by sending notice thereof to Landlord before Landlord mails, e-mails or delivers an executed copy of this Lease to Tenant. In such case, Landlord shall return any Security Deposit and Rent to Tenant, and Tenant shall promptly remove any alterations, improvements, fixtures or personal property made or placed in or upon the Premises by Tenant or its contractors, agents or employees and restore the same to good condition as required under this Section 21.16. If Tenant shall seek to revoke its offer to enter this Lease in violation of the foregoing provisions, Landlord shall have the options of forfeiting and retaining any Security Deposit and Rent theretofore paid, as liquidated damages without executing and delivering this Lease to Tenant, or executing and delivering this Lease to Tenant and enforcing the same as a valid and binding lease agreement. SECTION 21.17 Intentionally Omitted. SECTION 21.18 Counterparts (A) This Lease shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. This Lease may be executed in one or more counterparts, each of which may be a so-called "pen" original, telecopy or electronic file portable data format (.PDF), each of which shall be deemed an original, and all of such counterparts shall together constitute one and the same instrument. SECTION 21.19 Rule of Construction. 61 983004.1 C of aring Karol Code The applicable dec.. pubic PZ-20-6099 12/07/20 (A) This Lease shall not be construed against the party preparing it but shall be construed as if both parties jointly prepared the agreement, and any uncertainty and ambiguity shall not be interpreted against any one party. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Lease. SECTION 21.20 Safety and Security. (A) Landlord shall have no obligation to provide any safety or security devices, services or programs for Tenant or the Building and shall have no liability for failure to provide the same or for inadequacy of any measures provided. Tenant shall, at its sole cost and expense, provide all safety and security devices, services and/or programs (as Landlord in its sole discretion deems necessary) in and at the Premises during all hours that Tenant is open for business. SECTION 21.21 Additional Reeresentations. (A) Tenant hereby represents that (i) it has the due authority to enter into this Lease, (ii) is duly organized under the state of its fonnation and is qualified to conduct business in the State of Florida and (iii) all conditions precedent to execution of this Lease by Tenant have been satisfied. SECTION 21.22 Required Disclosure on Radon Gas. As required by §404.056, Florida Statutes, the following notification is made regarding radon gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. ARTICLE XXII Ouiet Enjoyment SECTION 22.1 Ouiet Enjoyment (A) Tenant, upon keeping, observing and performing all of the covenants and agreements of this Lease on its part to be kept, observed and performed, shall lawfully and quietly hold, occupy and enjoy the Premises during the Term of this Lease from and against anyone claiming by, through or under Landlord. ARTICLE XXIII Alterations SECTION 23.1 Alterations (A) Tenant shall not before or during the Term make or suffer to be made any alterations, additions or improvements (including, without limitation, Tenant's Work) in or to the 62 983004.1 pubic bearing Karol Code The applicable dec.. A PZ-20-6099 12/07/20 Premises (herein collectively called "Alterations") without first obtaining Landlord's written consent thereto based on detailed plans and specifications submitted by Tenant and prepared by an architect licensed and registered in the State of Florida. Landlord's consent may be withheld in Landlord's sole discretion if Alterations will affect the Structural Elements or any Building systems or the fayade of the Building or trigger the requirement for additional code compliance or similar work not included in the Alterations. (B) (1) All repairs, replacements, and reconstruction (including, without limitation, all Alterations) made by or on behalf of Tenant or any of Tenant's agents shall be made and performed (i) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (ii) by contractors or mechanics approved by Landlord, (iii) in such manner so as to be at least equal in quality of materials and workmanship to the original work or installation, (iv) in accordance with such reasonable requirements as Landlord may impose with respect to insurance and bonds to be obtained by Tenant in connection with the proposed work, (v) in accordance with the rules and regulations for the Building adopted by Landlord from time to time, including without limitation Landlord's Building Design and Construction Guidelines set forth on Exhibit D attached hereto and made a part hereof, and in accordance with all applicable Laws or governmental authorities having jurisdiction over the Premises, including without limitation, City of Miami Historic Preservation Board, (vi) so as not to interfere with the use and enjoyment of the Building by Landlord, other tenants of the Building or any other persons, and (vii) in compliance with such other reasonable requirements as Landlord may from time to time promulgate. (2) In connection with its performance of Tenant' s Work and any Alterations, Tenant covenants and agrees as follows: (i) No Alteration shall at any time be made that shall impair the structural soundness or diminish the value of the Building. (ii) At the time Tenant requests Landlord's written consent to any Alteration, Tenant shall deliver to Landlord detailed plans and specifications therefor. For all Alterations (other than Tenant's Work) Tenant shall pay to Landlord any reasonable out of pocket fees or expenses incurred by Landlord in an amount not to exceed One Thousand Dollars ($1,000.00) in connection with Landlord's submitting such plans and specifications, if it so chooses, to an architect or engineer selected by Landlord for review or examination and/or for supervision during performance of Alterations. Landlord's approval of any plans or specifications does not relieve Tenant from the responsibility for the legal sufficiency and technical competency thereof. (iii) Before commencement of any Alterations, Tenant, at its expense, shall obtain the necessary consents, authorizations and licenses from all federal, state and/or municipal authorities having jurisdiction over such work. (iv) Before the commencement of any Alterations that may affect any Structural Elements, Tenant at its own expense, shall deliver to Landlord a security company performance and completion bond in a company acceptable to Landlord in an amount equal to the estimated costs of such work plus twenty-five percent (25%), guaranteeing the 63 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 completion of such work free and clear of all liens, encumbrances, security agreements, chattels, mortgages, conditional bills of sale and according to the plans and specifications therefor. (v) Before the commencement of any Alterations, Tenant at its own cost and expense, shall deliver to Landlord an architect's statement stating that the Alterations comply with the requirements of the Americans with Disabilities Act. (vi) All work done in connection with any change or alteration shall be diligently prosecuted to its completion, done in a good and workmanlike manner, free of mechanics liens, pursuant to the plans or drawings prepared by a licensed architect previously submitted to Landlord. Furthermore, all work done must be in compliance with the building and zoning laws, and with all other Laws, and Tenant shall procure and deliver to Landlord certificates of occupancy and all other certificates required by law. (vii) Contractor Insurance. During the course of Tenant's Work and Alterations pursuant to this Article XXIII, in addition to any insurance that may be required under this Lease, Tenant's contractor(s) shall provide and maintain in full force and effect during the Term of this Lease, all warranty periods and other periods as specified herein, insurance policies providing coverages as specified in Exhibit F attached hereto. (viii) Tenant agrees to indemnify and save Landlord harmless from and against any and all bills for labor performed and equipment, fixtures and materials furnished to Tenant and applicable sales taxes thereon as required by Florida law and from and against any and all liens, bills or claims therefor or against the Premises or the Building and from and against all losses, damages, costs, expenses, suits and claims whatsoever in connection with Alterations. The cost of Alterations shall be paid for in cash or its equivalent, so that the Premises and the Building shall at all times be free of liens for labor and materials supplied or claimed to have been supplied. (ix) If the performance of Alterations shall materially interfere with the comfort and/or convenience of other tenants in the Building or shall cause damage to or otherwise interfere with the occupancy of adjacent buildings, Tenant shall upon Landlord's demand remedy or remove the condition or conditions complained of. Tenant further covenants and agrees to indemnify and save Landlord harmless from and against any and all claims, losses, damages, costs, expenses, suits and demands whatsoever made or asserted against Landlord by reason of the foregoing. (x) After each Alteration has been completed, Tenant shall obtain and deliver to Landlord a "write-off' or a "letter of completion" or such other documentation satisfactory to Landlord from the applicable municipal authority evidencing that such Alteration is complete and in accordance with all legal requirements and shall thereafter obtain and deliver to Landlord a change in the Certificate of Occupancy or Certificate of Completion if required by reason of the Alteration. Nothing herein shall be deemed to limit Landlord's right, if permitted under applicable law, to file or post notices of non -responsibility in the appropriate filing office or in or on the Premises. 64 983004.1 Ghn, PZ-20-6099 12/07/20 (xi) Tenant shall cause its contractors, subcontractors, matcrialmen and all others performing work, or providing goods, materials and/or services to Tenant or the Premises, to work and co -exist in harmony with others performing work in, or occupying portions of, the Building. Notwithstanding anything contained in this Lease to the contrary, if any contractors or tradespeople employed or utilized by Tenant, or any suppliers of services to Tenant, shall cause (or if their presence at the Building shall otherwise result) in any actual or threatened work stoppage, picketing, labor disruption or other dispute at the Building (whether or not Landlord's consent or approval was required for Tenant's use of such contractor, tradesperson and/or supplier), then, Tenant shall, upon written notice from Landlord (which notice may be delivered to Tenant by hand at the Premises notwithstanding any provision contained in this Lease to the contrary), immediately cease use of such contractor, tradesperson or supplier, as the case may be, and otherwise immediately resolve the dispute or condition that gave rise to such actual or threatened work stoppage, picketing or labor disruption. If Tenant shall fail to so comply with the foregoing provisions of this Section immediately upon written notice from Landlord, then, such failure shall be deemed to be a material breach of Tenant's obligations under this Lease and Landlord shall have the right, in addition to any other rights and remedies that Landlord may be afforded at law or in equity, to terminate this Lease upon ten (10) days' written notice to Tenant, without regard to any grace periods contained in this Lease. (xii) The interest of Landlord in and to the Premises, the Building, and/or any part of any of them, and the income therefrom, shall not be subject to liens for improvements made, or caused to be made, by Tenant. Tenant will not permit any construction liens or other liens to be placed upon the Premises, or the Building, and nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any person for the performance of any labor or the furnishing of any materials to the Premises or any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any construction, mechanic's or other liens against the Premises. If any such lien is recorded against or attached to the Premises, or the Building, Tenant shall bond against or discharge same within twenty (20) days after Tenant's receipt of notice that the same has been so recorded or attached. In the event any such lien is not discharged or bonded off within such twenty (20) day period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, cause the same to he discharged (including the advancement of monies for such purpose). Any monies advanced or costs incurred by Landlord for any of the aforesaid purposes shall be paid by Tenant to Landlord on demand as Additional Rent. Prior to any construction by or on behalf of the Tenant, to the extent expressly permitted by this Lease, upon the Premises, or the Building, (a) a draft Notice of Commencement shall be delivered to the Landlord for its review and approval, (b) the Notice of Commencement's legal description shall specifically be limited to Tenant's leasehold interest in the Premises, (c) the Notice of Commencement shall include the language set forth in the first two sentences of this Section 23(B)(2)(xii), and (d) the Notice of Commencement shall be filed in the public records of Miami -Dade County; in addition, Tenant shall be responsible for having a corresponding Notice of Termination timely recorded in the public records of Miami -Dade County upon the completion of such work. Furthermore, Tenant hereby acknowledges that Landlord has recorded in the public records of Miami -Dade County a notice in accord with Florida Statutes Section 713.10(2) setting forth, in part, the provisions of this Section 65 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 23(B)(2)(xii). Tenant shall notify any and all contractor(s) making any improvements to the Premises of this Lease provision. ARTICLE XXIV Hazardous Substances and Waste SECTION 24.1 Definitions (A) As used in this Lease, "Hazardous Substances or Waste" shall include, but not be limited to, dip tanks, wielding stations, spray booths and those materials defined by Environmental Laws as such. "Environmental Laws" shall include, but not be limited to, each and every federal, state and local law, statute, code, ordinance, regulation, rule or other requirement of Governmental Authorities having jurisdiction over the Building (including, but not limited to, consent decrees and judicial or administrative orders), relating to the environment, including but not limited to, those applicable for the storage, treatment, disposal, handling and release of any Hazardous Substances or Waste, all as amended or modified from time to time, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. §9601-9675, et seq.) and as further amended ("CERCLA"); the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. §6901, et seq.); the Clean Water Act, as amended (33 U.S.C. §1251, et seq.); the Clean Air Act, as amended (42 U.S.C. §7401, et seq.); the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. §136, et seq.); the Toxic Substance and Control Act of 1976, as amended (15 U.S.C. §2601, et seq.); and Emergency Planning and Community Right to Know Act of 1986, as may be amended from time to time (42 U.S.C. § 11001 to 11050, et seq.), with regard to the storage of Hazardous Substances or Waste and petroleum products. SECTION 24.2 Tenant's Representations (A) Tenant represents to Landlord that at all times, it shall: (i) comply with and take all action required by Environmental Laws (to the extent they relate to the specific manner in which Tenant uses and occupies the Building and the Premises) and maintain and operate the Premises in accordance therewith; (ii) at its own cost and expense maintain in effect any permits, licenses or other governmental approvals, if any, required by Environmental Laws for Tenant's specific use of the Premises; and (iii) promptly make all disclosures to Landlord and/or Governmental Authorities that may be required by Environmental Laws. SECTION 24.3 Notices (A) If at any time Tenant shall become aware, or have reasonable cause to believe, that any Hazardous Substances or Waste has come to be located on or beneath the Building or Premises, Tenant shall immediately give written notice of that condition to Landlord. In addition, Tenant shall immediately notify Landlord in writing of: (i) any enforcement, cleanup, removal or any other action instituted or threatened by Governmental Authorities pursuant to Environmental Laws; (ii) any claim made or threatened by any person against Tenant or the Building or Premises, relating to damage, contribution, cost recovery, compensation, loss, 66 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 or injury resulting from or claimed to result from Hazardous Substances or Waste; and (iii) any reports made to any Governmental Authorities arising out of or in connection with the foregoing. Tenant shall also furnish Landlord with copies of all reports, complaints, notices, warnings and claims made or received. SECTION 24.4 Indemnification (A) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord (for the purposes hereof, counsel selected by Tenant's insurer shall be deemed acceptable to Landlord), protect and hold harmless Landlord and each of Landlord's partners, directors, members, managers, owners of direct or indirect interest in Landlord, officers, employees, agents, successors and assigns, from and against any and all claims, liabilities, penalties, fines, judgments, forfeitures, losses, costs or expenses (including reasonable attorney's fees, consultants fees and experts fees) for the death of or injury to any person or damage to any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by: (i) the presence in, on or under the Building or the Premises, or the discharge or release, in or from the Building or the Premises, of any Hazardous Substances or Waste to the extent that such presence, discharge or release is caused or created by Tenant's or its agents', employees', contractors' or invitees' use, operation or activities in the Building or the Premises, including but not limited to discharge or release as a result of Tenant alterations thereof; or (ii) Tenant's failure to comply with Environmental Laws, where such compliance is Tenant's obligation. For the purposes of this indemnity the acts or omissions of Tenant, its agents, employees, contractors or invitees, whether or not they are negligent, intentional, willful or unlawful, shall be attributable to Tenant, and Tenant's obligations shall survive the expiration of the Lease Term. SECTION 24.5 Landlord's Consent (A) Tenant acknowledges and agrees that it shall not be unreasonable for Landlord to withhold its consent to any proposed assignment, subletting or other transfer of Tenant's interest in this Lease (where such consent is required) nor shall Tenant have the right to assign, sublet or transfer this Lease or its interest therein, without Landlord's consent (if such transfer without consent is provided elsewhere in this Lease) if: (i) the anticipated use, or method of use, of the Premises by the proposed assignee, sublessee or transferee (collectively "Transferee") involves the generation, storage, use, treatment or disposal of Hazardous Substances or Waste; (ii) the proposed Transferee has been required by a prior landlord or Governmental Authority to take remedial action in connection with Hazardous Substances or Waste; or (iii) the proposed Transferee is subject to an enforcement order issued by Governmental Authorities pursuant to Environmental Laws. ARTICLE XXV Signa;e and Access SECTION 25.1 Landlord Consent to Signage (A) Tenant shall not exhibit, inscribe, paint or affix any sign, canopy, awning, banner, advertisement, notice or other lettering (collectively, "Sign Items") on any exterior 67 983004.1 pubic 9 Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 portion of the Premises without the prior written consent of Landlord in each instance. A plan of all Sign Items proposed to be exhibited, inscribed, painted or affixed on the exterior of the Premises shall be prepared by Tenant in conformity with the standards promulgated by the local community or business association (if any) and submitted to Landlord for Landlord's consent. Tenant shall obtain all approvals for such Sign Items required by any applicable governmental agency, including without limitation the City of Miami Historic Preservation Board and the City of Miami Building Department and any replacement or successor agencies, and all such Sign Items shall be tasteful, non -offensive and appropriate to a first-class commercial building in Miami. Upon all such approvals, and upon the granting of Landlord's consent, Tenant may install such approved Sign Items at Tenant's sole expense, in accordance with all applicable Laws. Upon installation of any such Sign Items, such Sign Items shall not be removed, changed or otherwise modified in any way without Landlord's prior written approval. Tenant agrees to keep any canopy or awning installed on the exterior of the Premises in good condition and repair throughout the Term hereof at Tenant's sole cost and expense, including, without limitation, the periodic cleaning and replacement of the same, as reasonably required (or as reasonably requested by Landlord). SECTION 25.2 Interior Displays and Signage (A) Tenant shall not place in thc windows any sign, decoration, letter, advertising matter, or other thing of any kind, other than shades or blinds and neatly lettered professionally prepared signs and/or professionally prepared displays identifying Tenant and/or the services and products offered for sale; provided that any such signage, displays or decorations (i) are approved, if required, by any applicable governmental agency, including without limitation the City of Miami Beach Historic Preservation Board and the City of Miami Building Department and any replacement or successor agencies; and (ii) shall be tasteful, non - offensive and appropriate to a first-class commercial building in. Miami. Notwithstanding anything to the contrary contained herein, nothing shall be attached or affixed to the interior of any window in the Premises. SECTION 25.3 Facade Changes (A) Landlord does not demise any portion of the exterior of the Premises or the Building or grant any rights with respect thereto. Accordingly, Tenant or anyone claiming by, through or under Tenant shall not alter the facade of the exterior of the Premises without Landlord's consent, which may be withheld in Landlord's sole and absolute discretion. Tenant shall not place or install or maintain on the exterior of the Premises any awning, canopy, banner, flag, pennant, aerial, antenna, advertisements or projections of whatsoever kind or nature. Notwithstanding the foregoing, Tenant may remove the facade of the Premises and install fourteen (14) foot glass garage doors, subject to Landlord's approval of Tenant's plans as part of Tenant's Work therefor in accordance with Section 1.3(B) and Article XXIII hereof. SECTION 25.4 Violation of Requirements (A) Any signage, advertisement, notice or other lettering that shall be exhibited, inscribed, painted or affixed by or on behalf of Tenant in violation of the provisions of 68 983004.1 pubic 9 Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 this Article XXV may be removed by Landlord and the cost of any such removal shall be paid by Tenant as Additional Rent. SECTION 25.5 Removal of Sign (A) In the event Landlord or Landlord's representatives shall deem it necessary to remove any sign in order to paint or to make any other repairs, alterations or improvements in or upon the Building or the Premises or any part thereof, Landlord shall have the right to do so, provided the same be removed and replaced at Landlord's expense, whenever the said repairs, alterations or improvements shall have been completed. SECTION 25.6 Signage Replacement (A) Tenant acknowledges that Landlord may at any time and from time to time, and at Landlord's sole expense, remove any signage installed on the exterior of the Premises and replace the same with building -standard signage adopted by Landlord for the Building as part of Landlord's signage program (the "Signage Replacement"). Tenant further acknowledges and agrees that the Signage Replacement may be performed at such times and in such a manner as Landlord may elect, and that Tenant is not and will not be entitled to any abatement of Fixed Rent, Percentage Rent or Additional Rent in connection with the Signage Replacement. Furthermore, Tenant hereby agrees to release Landlord from all claims by reason of loss or interruption of business, damages, liability, action or causes of action of every kind and nature whatsoever arising under or in connection with the Signage Replacement and any temporary obstruction or blocking of Tenant's storefront that may result therefrom. ARTICLE XXVI Late Charges SECTION 26.1 Late Charges (A) If Tenant shall fail to pay all or any part of any Rent after the same shall have become due and payable, Tenant shall pay as Additional Rent hereunder to Landlord a late charge of four cents ($.04) for each dollar of the amount of such Rent that shall not have been paid to Landlord when due; provided, however that in the first instance of any late payment during any Lease Year, no such late charge shall accrue unless Tenant fails to pay such late payment amount after a five (5) day written notice from Landlord to Tenant stating that such payment is late. In addition to the foregoing, if Tenant fails to pay any Rent after its due date, Tenant shall pay interest thereon from the date due until the date paid at an annual rate equal to six (6) percentage points above the rate then most recently announced by Citibank, N.A., New York, New York, or its successor, as its corporate base lending rate, which rate may change from time to time, and such interest shall be deemed to be Additional Rent. (B) In the event Tenant pays any rent or other charge with a check that is, for any reason, refused for payment by the bank on which it is drawn, Tenant shall pay Landlord a $75.00 service charge as Additional Rent. 69 983004.1 C of aring Karol Code The applicable pubic PZ-20-6099 12/07/20 (C) The late charge and service charge described above shall be (i) payable on demand and (ii) without prejudice to any of Landlord's rights and remedies hereunder, at law or in equity, for nonpayment or late payment of rent or other sums, but shall be in addition to any such rights and remedies. No failure by Landlord to insist upon the strict performance by Tenant of Tenant's obligations to pay late charges, interests and service charges as provided in this Article shall constitute a waiver by Landlord of its right to enforce the provisions of this Article XXVI in any such instance or in any instance thereafter occurring. The provisions of this Article XXV1 shall not be construed in any way to extend the grace periods or notice period provided for in this Lease. ARTICLE XXVII Excavations SECTION 27.1 Excavations (A) If an excavation shall be made upon land adjacent to the Premises, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter upon the Premises for the purpose of doing such work as said person shall deem necessary to preserve the wall of the Building of which the Premises form a part from injury or damage and to support the same by proper foundations without any claim for damages or indemnity against Landlord, or diminution or abatement of Rent. ARTICLE XXVIII Securitry Deposit SECTION 28.1 Security DepositTenant shall have deposited with Landlord simultaneously with the execution of this Lease, the sum of Sixty Thousand Forty -Five and 33/100 Dollars ($60,045.33) (the "Security Deposit"), as security for the faithful performance, observance and compliance with all of the terms, covenants and conditions of this Lease on Tenant's part to perform, observe or comply with. Tenant agrees that, in the event that Tenant defaults under any of the terms, covenants or conditions in this Lease on Tenant's part to observe, perform or comply with (including, without limitation, the payment of any installment of Fixed Rent or any amount of Additional Rent), which default continues after any notice and applicable grace periods required under this Lease and the expiration of any applicable cure period, Landlord may use, apply, or retain the whole or any part of such Security Deposit to the extent required for the payment of any Fixed Rent, Additional Rent, or any other sums as to which Tenant is in default, or for any sum that Landlord may expend or may be required to expend by reason of any such default (including any damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord). In the event that Landlord applies or retains any portion or all of such Security Deposit, the amount not so used, applied or retained shall continue to be treated as Tenant's Security Deposit, and Tenant shall restore the amount so applied or retained by delivering the amount used to Landlord within three (3) days after Landlord's demand therefor, so that, at all times, the amount held by Landlord shall be the full amount of the Security Deposit. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, that portion, if any, of the 70 983004.1 C of wing Karol Code The applicable pubic PZ-20-6099 12/07/20 Security Deposit not used, applied or retained shall be returned to Tenant no later than thirty (30) days after the later of (x) Expiration Date (or such earlier date upon which the Lease may terminate) and (y) delivery of possession of the Premises to Landlord, in accordance with, and subject to, the applicable provisions of this Lease. SECTION 28.2 Transfer . In the event of a sale or transfer of the real property, the Building or the then landlord's interest therein or a leasing by the then landlord of any of same, Landlord shall have the right, at no cost or expense to Landlord, to transfer or assign such Security Deposit to the vendee, transferee or lessee, and Landlord shall notify Tenant, by certified mail, return receipt requested, of such sale, transfer or lease, together with the name and address of such vendee, transferee or lessee, and Landlord shall thereupon be released by Tenant from all liability for the return of such Security Deposit. In such event, and subject to the satisfaction of the foregoing requirements, Tenant agrees to look solely to the new landlord for the return of said Security Deposit. In connection with the foregoing, Tenant shall reasonably cooperate with Landlord and such vendee, transferee or lessee in connection with the transfer or assignment of such Security Deposit. SECTION 28.3 No Assigmnent Tenant covenants that it will not assign or encumber, or attempt to assign or encumber, the Security Deposit, and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment, or attempted encumbrance. ARTICLE XXIX Condominium SECTION 29.1 Condominium (A) Tenant hereby acknowledges and agrees that the Building in which the Premises is located is or may be made subject to the Chapter 718 of the Florida Statutes (the "Act") by the filing of a Declaration of Condominium or other required document (the "Declaration") in the land records of the Office of the Register of the County in which the Premises are located, it being the intent of Landlord that the Premises shall in such event comprise a single condominium unit or multiple condominium units in the Building (or, alternatively, otherwise subdivide the Building such that the Premises shall comprise all or part of a new tax lot within the Building). In such event, provided the same does not increase the obligations of Tenant hereunder (other than to a de minimis extent) or have an adverse impact upon the rights of Tenant hereunder (other than to a de minimis extent) this Lease and Tenant's use and occupancy of the Premises shall be subject and subordinate in all respects to all applicable provisions of the Declaration, the by-laws of the condominium, the condominium rules and regulations, the floor plans and the unit deed pursuant to which title to the condominium unit comprising the Premises shall have been transferred (or their equivalent, collectively, the 71 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 "Condominium Documents"; the condominium association and/or the board thereof, hereafter, the "Condominium") whether or not such provisions or documents may be expressly referenced in this Lease. (B) Without limiting the foregoing, Tenant agrees that it shall comply with the rules and regulations of the Condominium as well as Landlord's rules and regulations. Tenant's use of the Premises shall comply in all respects with the provisions of the Condominium Documents provided that Tenant's use of the Premises is not impaired other than to a de minimis extent. (C) If at any time, pursuant to law or the provisions of the Condominium Documents, the Building shall cease to be a condominium, unless any condition exists pursuant to which this Lease may otherwise be terminated, then, this Lease shall continue in full force and effect between Tenant and the new owner of the Building, except that this Lease shall be deemed modified to delete provisions relating to the Condominium that are no longer relevant. At the request of Landlord, Tenant will execute a modification of this Lease confirming such changes at that time. (D) Tenant acknowledges that certain matters may require the consent of the board of managers and/or mortgagee(s) pursuant to the Condominium Documents, and Tenant agrees that if any such party whose request is so required shall deny (or be deemed to have denied) its consent, then such denial (or deemed denial) of consent shall conclusively be deemed a reasonable basis for Landlord to deny its consent, without the necessity of Landlord bringing legal action against the party that has denied (or is deemed to have denied) such consent to determine the propriety of such denial and/or whether such party was acting reasonably with respect to such denial. (E) With regard to any items of repair, maintenance, restoration, services or other obligations of Landlord under this Lease that, under the Condominium Documents or by law, are the duty or responsibility of the Condominium, the board of managers, or the owner of any other unit in the Condominium (each of the foregoing being a "Responsible Party"), Landlord shall have no liability to Tenant for the performance (or the failure to perform) such work or obligations and Tenant shall look directly to the Responsible Party whose obligation is involved for such work or obligations therefor and for any damages therefrom. Without limiting the foregoing, the failure of any Responsible Party to perform any of its obligations shall not be the grounds for any termination of this Lease by Tenant on the basis of a claim for constructive eviction against Landlord. (F) Notwithstanding anything to the contrary contained herein, if at any time during the Term, Landlord shall receive notice from the Condominium, unit owners of the Condominium or occupants of the Building or other persons that any use or manner of use or the operation of the Premises or part thereof (whether or not such use or manner of use is otherwise in compliance with the provisions hereof) by Tenant or other persons claiming by, through or under Tenant, violates any provision of the Condominium Documents or results in a breach of any duty or obligation that Landlord may have or owe to the Condominium, any unit owner of the Condominium or other occupant of the Building or other person, then Tenant hereby agrees to indemnify, defend and hold Landlord, its successors and assigns, harmless from and against 72 983004.1 pubic bearing Karol Code The applicable dec.. .. PZ-20-6099 12/07/20 any cost, loss or expense (including reasonable attorney's fees) suffered or incurred by Landlord, its successor or assigns, in connection with any such claim and any action or proceeding thereon, such indemnification obligation to survive the expiration or other termination of this Lease. (G) Tenant acknowledges that Landlord retains the right, at any time during the Term, and from time to time, to split the Premises into two (2) or more separate condominium units. In any such event, Tenant agrees as follows: (i) Tenant will give such consents if any, as may be required to effectuate any such further condominiumization within the Premises; (ii) Tenant agrees that it will promptly cooperate and comply with all requests made by Landlord in furtherance of any such further condominiumization, which may include, without limitation, executing such documents as may be necessary in connection with the further condominiumization and consenting to any modifications of this Lease as may be requested by Landlord in connection therewith, provided the same do not materially increase the obligations of Tenant hereunder or have a material adverse impact upon the rights of Tenant hereunder and Tenant agrees that its failure to so cooperate on a timely basis shall, at Landlord's option, constitute a default by Tenant under this Lease entitling Landlord to exercise all remedies hereunder; and (iii) Tenant agrees that from after any such conversion of the Premises to two (2) or more condominium units, the word "Landlord" as used herein shall refer to the owner of the unit or units of the Condominium that comprise the Premises and such other definitional changes as may be appropriate shall be made. ARTICLE XXX Intentionally Omitted. ARTICLE XXXI Tax and Energy Incentive Program SECTION 31.1 Tax and Energy Incentive Program (A) Should Landlord, in its sole discretion, elect to apply for any benefits under an incentive tax and/or energy program, (the "Incentive Programs"): (B) Tenant shall, in order to assist Landlord in obtaining any incentives, abatement, discounts, subsidies or refunds, (i) promptly execute and file any necessary documents associated therewith; (ii) cause its agents to execute such applicable documents; and (iii) follow all required procedures and time lines in the execution of such documents reasonably requested by Landlord. (C) Notwithstanding anything contained herein to the contrary, Landlord shall not be required to apply for any such Incentive Programs and has made no representations to Tenant with respect to such Incentive Programs. 73 983004.1 SECTION 32.1 ARTICLE XXXII Anti -Terrorism Requirements Anti -Terrorism Requirements pKarol Code The applicable dec.. ubic of PZ-20-6099 12/07/20 (A) Tenant represents and warrants that (i) neither Tenant nor any person who owns any direct or indirect beneficial interest in Tenant or any of them, is listed on the list maintained by the United States Department of the Treasury, Office of Foreign Assets Control (commonly known as the OFAC List) or otherwise qualifies as a person with whom business by a United States citizen or resident is prohibited and (ii) neither Tenant nor any person who owns any direct or indirect beneficial interest in Tenant or any of them is in violation of any anti - money laundering or anti -terrorism statute, including, without limitation, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, U.S. Public Law 107-56 (commonly known as the USA PATRIOT Act), and the related regulations issued thereunder, including temporary regulations, all as amended from time to time. ARTICLE XXXIII Guaranty SECTION 33.1 Guaranty (A) Upon execution and delivery of this Lease by Tenant to Landlord, Tenant shall deliver to Landlord the Guaranty executed by Les Corieri, an individual (the "Guarantor") in the form annexed hereto and made a part hereof as Exhibit E (the "Guaranty"). ARTICLE XXXIV No Recordation SECTION 34.1 No Recordation (A) This Lease shall not be recorded. The recordation of this Lease by Tenant shall constitute a default by Tenant under this Lease. [Signature Page to Immediately Follow] 74 9143004.1 IN WITNESS WHEREOF, Landlord and Tenant have set their hands, year first above written. WITNESSES: WITNESSES: LANDLORD: THOR WYNWOOD By: Name: Title: TENANT: PAIrml Code The applim clecIsim-making PZ-20-6099 12/07/20 ALK JV LLC Joseph J. SEtt Authorized Person a BOTTLED BLONDE MIAMI, LLC 983004.1 TENANT NOTARIZATION STATE OF 21- ) ) ss.: COUNTY OF \(iZ,, ) pKarol Code The applicable dec.. ubic of PZ-20-6099 12/07/20 On the F day of CArber in the year 2019, before me, the undersigned a Notary Public in and for said state, personally appeared Le ( 'Apr\ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Oklj Notary Public XlialiailENIMMININIMmxamEmlexixamdamiamP ASHLIE MAST Notary Public -Arizona Maricopa County My Comm. Expires Oct 2. 2021 983004. I ...nar vWtxWa iu+rtriavn K Ygtak Yec h9Yss rmen lil�t�n/a,s ctuut4 nuY.i pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 EXHIBIT B Landlord's Work LANDLORD'S WORK EXHIBIT WARM DARK SHELL DESCRIPTION OF LANDLORD'S WORK: Landlord shall complete the items hereinafter detailed as to the Premises. All impact, connection and tap fees are the Landlord's responsibility. A. Exterior Walls: Exterior walls will be exposed concrete within the Premises. B. Storefronts: Complete storefront system per landlord design with standard storefront with doors shown on LOD. C. Floor: Floor slab, and clean ready for Tenant's finishes. D. Demising Walls: E. Ceiling: F. Electrical: Demising partitions between the Tenant and other tenants shall be (1) hour ratcd 5/8" drywall/metal stud construction. Partition shall extend from the finished floor slab to the underside of the steel structure and/or existing ceiling. All walls that are dry walls up to Landlord's standard ceiling height, will be taped, and primed ready for tenant's paint finish. Tenant shall provide all other interior drywall partitions and finishes above and beyond the perimeter. Ceiling will be exposed to the underside of the roof above. The Landlord will provide individually metered 800 amps, 120/208 volt, 3-phase electrical service for distribution within the Premises by the Tenant. Panel by Landlord. Outlets: Landlord will provide (1) convenience outlet located near the electrical panel per the LOD, B-1 983004.1 G. Gas: H. HVAC: I. Plumbing: pKarol Code The applicable ubic hewing PZ-20-6099 12/07/20 2 inch gas service, 5 p.s.i., stubbed to Premises. Tenant, at Tenant's expense, will provide all distribution within the Premises. As per section 1.4(a) of this lease, this item shall be performed as a post commencement date item and shall not be a condition to the commencement date. The Landlord will provide rooftop unit(s) sized at no less than (1) ton per 175 square feet. Ducting and distribution is to be completed by the Tenant. The Landlord will provide 4" sanitary waste - line under slab of Premises. Landlord will provide a 2-1/2" water line with individual meter to the Premises. J. Fire Sprinklers: Fire Sprinkler main and branches with heads turned up per code. K. Telephone: Landlord to provide a Telephone Terminal Board with an empty telephone conduit installed from the Premises to a telephone room located within the common area of the building. Individual switchgear, wiring, equipment installation and services are not supplied by the Landlord and shall be part of Tenant's work. L. Grease Interceptor & Trap Landlord to provide both a grease interceptor and a liquid and solid grease trap. 983004.1 EXHIBIT C Rules and Regulations A. GENERAL pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 1. Compliance With Laws. Tenant agrees to observe and perform all insurance requirements and comply with all Laws pertaining to Tenant's business or Tenant's use of the Premises, including, among others, (i) all requirements concerning health and safety standards and environmental protection, (ii) all requirements under the Americans With Disabilities Act, and (iii) the obtaining of all permits required by applicable law. 2. No Discrimination. Tenant agrees, in the conduct of Tenant's business, not to discriminate against or segregate (or to permit anyone acting under the color of Tenant's authority to discriminate against or segregate) any person on account of sex, sexual orientation, age, race, color, creed, religion, marital status, ancestry or physical handicap. This covenant also governs Tenant's employment practices and selection of suppliers and contractors. 3. Rights of Access. Landlord and Landlord's experts/consultants may enter the Premises at any time in case of an emergency and otherwise at reasonable times, in order to inspect the condition of the Premises, to verify Tenant's compliance with this Lease and applicable law and to effect required or necessary repairs. Any such entry will be at Landlord's expense unless it reveals a violation of applicable law or a condition that if not promptly remedied would result in a default under this Lease. As long as Landlord acts in good faith and with reasonable care, no such entry shall constitute an eviction or disturbance of Tenant's possession nor render Landlord liable to Tenant. 4. Building Additional Reserved Rights. Landlord reserves the following additional rights: (i) to change the character, use and quality standards of the Building; (ii) to change the name or street address of the Building; (iii) to control access to and from Building common areas; (iv) to rearrange, relocate, close or change corridors, elevators, stairs, lavatories, doors, lobbies, entrances or exits to the Building; and (v) at reasonable times, to exhibit the Premises to prospective lessees, purchasers or others. 5. No Solicitation. Tenant acknowledges Landlord's legitimate interest in preventing solicitation from and around the Premises and in, from and around the Building. Tenant agrees not to solicit or permit customer solicitation, canvassing or peddling by any persons stationed in or near the entrance to the Premises, in any Building lobby or common area, or otherwise in the immediate vicinity of the Building. 6. Labor Disputes. If labor disputes or activities involving Tenant or the conduct of Tenant's business result in a picket line being established upon or in the vicinity of the Premises or the Building, or if there is related or similar activity that, in Landlord's judgment, interferes with or adversely affects the operations of the Building, then, upon at least five days' notice to C-1 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 Tenant, Landlord may terminate this Lease unless within that five-day period Tenant causes the objectionable activity to be enjoined or otherwise disbanded for the duration of the labor dispute. 7. Distress Sales. Tenant must not conduct or permit on the Premises any auction, fire, bankruptcy, going out of business or relocation sale, or any similar distress sale, whether or not otherwise permitted by applicable law. 8. Alcoholic Beverages. Except as expressly permitted under the Lease, Tenant must not use or permit the Premises to be used for the making, storing, using, selling or giving away of any alcoholic beverage, as that term is defined under any applicable law. 9. Cooking. Except as expressly permitted under the Lease, Tenant must not cook or permit cooking on the Premises. 10. Access. Tenant must not obstruct or encumber any areas of the Building outside Tenants' Premises, nor use them for any purpose other than entering and leaving the Premises. If the Premises are accessible from a public sidewalk, Tenant is responsible for keeping the areas directly in front of the Premises clean and free from ice, snow, dirt, rubbish and other accumulation. 11. Miscellaneous. Tenant must not cover or obstruct the sashes, sash doors, skylights, windows and doors that reflect or admit light into areas of the Building outside Tenant's Premises, nor shall Tenant place or permit parcels, bottles or other articles on the window sills. Tenant must not throw anything out of the doors, windows or skylights of the Premises. 12. Plumbing Fixtures. Plumbing fixtures must be used only for their generally accepted purposes. Tenants are responsible for damages resulting from abuse or misuse of these fixtures by Tenant or Tenant's employees or invitees. 13. Defacing Prohibited. Tenant must not in any way deface any part of the Premises or the Building. Floor coverings of any kind may only be used in a manner, and with such adhesives, as Landlord first approves. 14. Vehicles; Animals. No bicycles, vehicles, animals, birds or fish shall be permitted in the Premises, except aids for the disabled. 15. Objectionable Odors. Tenant must not cause or permit any unusual or objectionable odors to be produced or to emanate from the Premises other than reasonable odors normally associated with the preparation of food. 16. Disturbing Noises. Tenant must not, in violation of any law, make or permit any unseemly or disturbing noises. Tenant must not place or permit antennae of any kind, loud speakers, sound amplifiers, flashing lights or spotlights on the roof or outside of the Premises or the Building. C-2 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 17. Locking Mechanisms. Tenant must not place additional gates, locks or bolts of any kind upon any doors or windows outside Tenant's Premises, nor shall Tenant change existing locks or their mechanisms Upon expiration of the Term, Tenant must return all keys to such areas either furnished to or otherwise procured by Tenant. If Tenant loses any key furnished to Tenant by Landlord, Tenant must replace it or promptly pay Landlord its cost. Upon termination of this Lease or Tenant's right to possession, Tenant must surrender to Landlord all keys and combinations used by Tenant in connection with the Premises and otherwise advise Landlord as to the operation of all locks, combination or otherwise, on safes, cabinets, doors and vaults in the Premises. 18. Freight. All movement of bulky materials or items to and from the Premises must take place during hours Landlord determines. Landlord reserves the right to inspect all freight to be brought into the Building and to exclude from the Building all freight that violates this Lease. Unless equipped with rubber tires and side guards, hand trucks are not to be used in the Building. Tenant must not permit such use. Tenant must not take or permit supplies, merchandise, fixtures, equipment, appliances or trash to be taken in or out of the Building except through proper service doors designated by Landlord. Tenant must also comply with Landlord's reasonable instructions concerning parking, loading and unloading in or around the Building. 19. Prohibited Uses. Tenant must not use or permit the Premises to be used for possessing, storing, making, using, selling or giving away narcotics or controlled substances of any kind, as an employment bureau or for any illegal or immoral purpose. Tenant must not engage or pay any employees on the Premises except those actually working for Tenant on the Premises. 20. Use of Landlord's Employees. Requests for action by Landlord, or Landlord's employees, must be made at the main office in the Building. Tenant must not request Landlord's employees to perform any work for Tenant or to do anything outside of their regular duties without first obtaining Landlord's written consent. If Landlord makes its employees available to assist Tenant, Tenant must promptly pay Landlord for its employee's services at reasonable hourly rates. 21. Window and Door Coverings. Tenant may install awnings, shades, Venetian blinds or window or door coverings of any kind only with Landlord's prior written approval. If so installed, Tenant must maintain them in good and attractive condition, at Tenant's cost and risk. 22. Floor Overloading. Tenant must not overload any floor. C-3 983004.1 EXHIBIT D Landlord's Buildint! Desim and Construction Guidelines D-1 Ch7 PZ-20-6099 12/07/20 983004.1 C of pubicwing Karol Code The uppl. de dec.. 9d PZ-20-6099 12/07/20 Tenant Construction Guidelines Wynwood Walk Miami, FL 33127 r• ■ ■En in• • • pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 TABLF, OF CONTENTS I. DIRECTORY PAGE 3 II. GENERAL INFORMATION PAGE 5 III. INSURANCE PAGE 10 IV. PRE -CONSTRUCTION PAGE 13 V. MEP SYSTEMS PAGE 16 VI. OTHER BUILDING SYSTEMS PAGE 18 VII. FEES PAGE 22 VIII. POST CONSTRUCTION PAGE 23 IX. APPENDIX PAGE 25 Thor Wynwood Walk Owner, LLC, and Thor Equities, LLC reserves the right to revise and supplement the foregoing rules and regulations from time to time as the Owner may deem necessary. Thor Wynwood Walk Owner, LLC Miami, FL 33127 2 Tblissubrniii nee... scbetlu led for pubic hewing City of Kuril Code The applicable dec..-makinuixxl,1111. revlerzble nformabon at the pubic burin. render • PZ-20-6099 12/07/20 I. Directory TENANT COORDINATION Thor Wynwood Walk Owner, LLC c/o: Thor Equities 25 West 39th Street-11th FL New York, NY 10018 Steven Stewart Direct: 212-529-8681 sstewart(wthormanagement.com PROPERTY DEVELOPMENT Thor Equities, LLC 25 West 39th Street, 2nd FL New York, NY 10018 Peter McEneaney Direct: 212-529-7428 pmceneanev i u,thorequiti es. com CITY OF MIAMI BUILDING DEPARTMENT Miami Building & Zoning 444 S.W. 2nd Avenue, 4th floor Miami, FL 33130 Planning & Zoning Help Desk: 305-416-1180 Fire & Life Safety Inspections: 305-416-1100 Business Fax: 305-416-2168 Microfilm Department: 305-416-1140 www.miarnigov.com/buildingicontactus building eftiamigov.com FIRE DEPARTMENT AUTHORITY Emergency: 911 General Information: 305-673-711 Fire Rescue Department: 305-673-7130 MIAMI-DADE COUNTY HEALTH DEPARTMENT Thor Wynwood Walk Owner, LLC Miami, FL 33127 3 1350 NW 14th Street Miami, FL 33125 Customer Service: 305-324-2400 WATER & SEWER Miami -Dade County Environmental Protection Department 305-372-6529 www.miamidade. goy/environment/ ELECTRIC Florida Power & Light (FPL) Customer Service: 305-874-5031 www.fjl.com Thor Wynwood Walk Owner, LLC Miami, FL 33127 4 pubicKuril Code The applicable dec.. 9 of PZ-20-6099 12/07/20 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 II. General Information ME 1. During the course of all construction activity, all contractors will honor the established policy of treating the premises as a professional business, with respect and courtesy provided any public business. Proper conduct and treatment of Premises facilities will be expected and any violations will not be tolerated and may result in the eviction of that Contractor. 2. All Contractors will conduct and coordinate a pre -construction meeting with Tenant Coordination and Property Management prior to the commencement of ANY construction activity. 3. No trenching or cutting of floors will be permitted. 4. All construction sites will be required to have a damp carpet or equivalent device at any and all entries to prevent the carry cf dust and debris into the general common areas of the Premises. 5. Service corridors will be utilized at ALL times for ALL activities unless other arrangements have been specifically given at the time of the pre -construction meeting. 6. ALL construction debris will be placed in construction containers. 7. All Contractors will assess their immediate Tenant areas. If any comer guards, corridor walls, doorframes, door assemblies, ceilings assemblies, or any other Premises property is damaged as a result of construction activity, Property Management will assess the Contractor the appropriate repair costs.. S. All Contractors are required to maintain a clean and orderly area. All debris and trash must be removed on a daily basis. 9. Intentionally Omitted. 10. All spaces under construction must have fire extinguishers available (quantity per code) in case of emergency. A Fire extinguisher must be available at all times. 11. General Contractor must review, inspect and coordinate with Management that all fire, smoke, HVAC, electrical, plumbing, and sprinkler systems are functioning properly at the conclusion of their project. Thor Wynwood Walk Owner, LLC Miami, FL 33127 5 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 12. All burning or welding operations will require the prearranged permission by Property Management and will require the Contractor to post a specific fire watch. 13. Cutting, soldering, or welding is prohibited under the following circumstances: 1. In areas not authorized by Tenant Coordination. 2. In the presence of explosive or flammable atmospheres, or explosive or flammable atmospheres that inay develop inside unclean or improperly prepared tanks or equipment that have previously contained such materials, or in areas with an accumulation of combustible dusts. 3. In areas near the storage of quantities of exposed, readily ignitable materials. 4. In areas where employees or workers are present, unless proper shields or guards and appropriate exhaust provisions are used. 14. No signage is permitted on any barricade or other area of operations other than the Tenant's branding approved prior to construction commencement by Tenant Coordination. 15. Contractor must provide Property Management with the General Contractor contact and Sub -Contractor contact list in the event of an emergency. 16. All construction activity must be confined to the Tenant space. NO COMMON AREA activity is permitted before 8:00 am and after 6:00 pin. 17. General Contractor and Sub -Contractors shall make themselves knowledgeable of all existing conditions, configurations and dimensions of the job site and fully understand how the new construction relates to site work before proceeding with the work. 18. A copy of these Rules must be reviewed, understood, and posted by the Contractor in the work area at the Property. 19. Work permits must be posted in the work area at all times and be protected from weather, dirt, dust, etc. 20. All mobile equipment in contact with the floors must be rubber -wheeled and the wheels must be kept clean and dust free to avoid leaving tracks in finished spaces. 21. Any damage to the existing floors or walls will be the Contractor's responsibility. 22. Unless specifically approved, no Contractor is permitted to perform work inside any equipment or mechanical room including, electrical closets and telephone rooms unless specifically approved by Tenant Coordination and Property Management. 23. No Contractor is permitted to perform work in or on ceilings of any public areas. 24. Under no circumstances shall the Contractor drill, burn, or fasten anything to any Thor Wynwood Walk Owner, LLC Miami, FL 33127 6 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 structural members without written consent of Property Management, 25. Public areas including floor, ceiling, walls, or mechanical chases may not be used as a tenant raceway system. If a corridor crossing is required, Property Management approval is required. 26. Sweeping compound and a damp mop is to be used on the job site for cleanup at the end of each day. 27. No trash accumulation in service corridors, hallways, or surrounding Tenant area will be allowed. 28. The use of odor -causing or particulate -generating particles must be pre -approved by Tenant Coordination and scheduled with Management 48 hours in advance. 29. The use of power equipment using diesel fuel within the Premises is strictly forbidden. The use of propane and battery powered equipment is preferred and encouraged whenever possible. The Contractor shall consult with Property Management before bringing any equipment into the Premises. No flammable liquids or materials may be stored at the job site. 30. Additional fire prevention precautions and suppression capability must be engaged whenever performing such work under any of the following conditions: a. Appreciable combustible material in building construction or contents is closer than 35 feet from the point of operation. b. Appreciable combustibles are more than 35 feet away but are easily ignited by sparks. c. Wall or floor openings occur with a 35-foot radius of the point of operation where the potential exists of igniting exposed combustible material. This includes adjacent areas and concealed spaces in walls, floors, and ceilings. d. Combustibles could be ignited by conduction or radiation through metal partitions, wall, ceilings, or roofs. 31. In the event that the Contractor needs access to the Premises during the times the Premises doors are secured, notice must be given forty-eight (48) hours in advance to Property Management. If a Security Officer must be employed to watch over the area, then those charges will be charged to the General Contractor. 32. It is the Contractor's responsibility to check with Property Management prior to commencement of work to determine whether there are any known hazardous substances on or near the premise. No construction materials containing hazardous substances (i.e. VAT) may be used or brought on site. Thor Wynwood Walk Owner, LLC Miami, FL 33127 7 pKuril Code The applicable ubTblissubrniii nee... scbetlu led for ic ofng ixxly PZ-20-6099 12/07/20 33. It is the Contractor's responsibility to maintain the work area in a neat and orderly manner. The work area also includes any area beyond the dust -tight drywall partition where work is occurring or where traffic has occurred while implementing the work. Any dust, dirt, or debris, which may migrate beyond the partitions, is also the Contractor's responsibility. The Contractor must employ clean-up personnel to perform this task. They may be needed daily during some phases of the construction project. These personnel should be responsive not only to the Contractor's construction superintendent but to Tenant Coordination as well, Tenant Coordination will coordinate all clean-up requests through the Contractor's on -site superintendent; however, when deemed necessary, Tenant Coordination may direct the clean-up personnel directly and subsequently notify the Contractor's superintendent. The Contractor should not expect or rely upon the Premises maintenance staff to clean up after the Contractor's work. If this is deemed necessary by Management, the cost of such work shall be borne by the Contractor. A fee of $200.00 per day may be deducted from the Tenant's General Contractor construction deposit. 34. The following activities are specifically prohibited from occurring on the premises and cannot be undertaken by the Contractor: a. The use of tenant space, other than tenant space being constructed pursuant to this agreement b. Unauthorized use of building equipment c. The use of the building's trash compactor, dumpster, or container d. Unauthorized parking in restricted areas e. Unauthorized on -site storage f. Unauthorized congregation in building public space and loitering in public areas, including the sidewalk areas outside the Property g. Cooking or quantity food preparation on site h. Objectionable, abusive, or unacceptable personal behavior of contractor personnel i. Bringing articles onto or into the Property deemed hazardous such as explosives, or firearms j. Loud noises, including the use of stereos and radios, on site considered by Management as objectionable 35. Use of alcoholic beverages or any substance defined as an illegal drug by the Contractor or Sub -Contractor employees on the job site is strictly forbidden. In addition, any items that may be termed as a weapon (excluding construction tools) are forbidden on any part of the construction site or in the center. 36. SMOKING IS NOT PERMITTED —Premises policies prohibit smoking in the building. This includes your construction site. NO EXCEPTIONS! 37. All construction personnel will use service corridors and rear hallways for ingress and egress to/from the job site. No doors are to be left open or jammed open at any time. Violations will result in a $100.00 fine for each occurrence. Thor Wynwood Walk Owner, LLC Miami, FL 33127 8 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 38. PROPERTY DRAINAGE SYSTEM — Any Contractor caught pouring anything but water into the Premises sewer system will be billed for the cleaning of the system, all the way to the City storm drain, to insure Property Management that no debris remains anywhere in the system. Additionally, the ENVIRONMENTAL PROTECTION AGENCY will be notified by Tenant Coordination. 39. Saw Cutting/Jack Hammering — Before any Tenant or Tenant's Contractor will be allowed to saw cut or core drill the cement slab within the Tenant space, Property Management must be notified AT LEAST FORTY-EIGHT (48) HOURS IN ADVANCE. Property Management will coordinate all adjacent Tenant issues and advise of the scheduling with the following guidelines: a. If work is scheduled and extra security personnel are needed to guard the Premises, the Tenant's General Contractor will be responsible for payment in advance. b. It will be the responsibility of the Contractor to clean up any debris escaping into the Premises after this work is finished. . c. All saw cutting must be done with a wet saw and a wet vacuum for clean-up. 40. Before the commencement of any construction activity, all Contractors will provide Tenant Coordination with the following: 1. Permits 2. Security Deposit 3. Insurance 4. List of Sub -Contractors 5. Construction Schedule PLEASE REVIEW EACH INDIVIDUAL SECTION FOR SPECFIC INFORMATION REGARDING THAT ITEM. GENERAL CONTRACTOR RESPONSIBLE TO PASS ALONG ALL PERTINENT INFORMATION TO ALL SUB -CONTRACTORS. Thor Wynwood Walk Owner, LLC Miami, FL 33127 9 pKarol Code The applicable dec.. ubic ofng reccrnmenclotion or el fine Irlocio on PZ-20-6099 12/07/20 EXHIBIT "I" For mutual considerations contained in the Agreement, Contractor accepts by its signature below the provisions of this Exhibit. 1. Contractor shall at its sole cost and expense procure and maintain insurance policies with the following minimum limits, coverages and terms as set forth herein (the "Policies"). The cost to the Contractor is included in the sums Contractor is entitled to receive under this Agreement. a. Commercial General Liability (CGL) with a limit of not less than $1,000,000 General Aggregate Limit; $1,000,000 Products -Completed Operations Aggregate Limit; $1,000,000 Personal & Advertising Injury Limit; $1,000,000 Each Occurrence Limit; $50,000 Fire Damage Legal Limit; $5,000 Medical Expenses Limit. CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage). The CGL policy shall include (i) ISO Additional Insured Endorsement CG 20 10 10 01 or its equivalent, providing coverage for Owner and any additional insureds (collectively the "Owner Parties") with respect to liability arising out of the ongoing operations of Contractor; (ii) ISO Additional Insured Endorsement CG 20 37 10 01 or its equivalent, providing coverage for Owner Parties with respect to liability arising out of completed operations of the Contractor for a period of at least two (2) years following Owner's final acceptance of Contractor's work; and (iii) a separate general aggregate limit for the Project. The CGL policy shall not have a 'third -party -action -over exclusion. b. Business automobile liability insurance, including non -owned and hired automobile coverage, with a combined single limit of not less than $1,000,000. c. Statutory Workers' Compensation, Disability Benefits and employer's liability insurance covering all employees associated with the Project, with the following employers liability limits (or such limits as would satisfy the underlying insurance limits requirement of the umbrella liability insurance referred to in f. below): Bodily Injury by accident -$500,000 each accident; Bodily Injury by disease -$500,000 policy limit; Bodily Injury by disease - $500,000 each employee. Wherever permitted, the Workers Compensation policy shall include a Waiver of Our Right to Recover from Others endorsement WC 00 03 13. This endorsement will name the Owner Parties. d. Property insurance on the Contractor's property, including but not limited to tools and equipment not intended to be incorporated into the project. e. Intentionally Omitted. f. Umbrella liability insurance with a limit of $5,000,000 in excess of the Contractor's liability insurance policies required in subsections a, b, and c above. g. Contractor Pollution Liability insurance in a customary form, without any mold exclusion and with limits of liability of not less than $5,000,000 occurrence/in the aggregate. Thor Wynwood Walk Owner, LLC Miami, FL 33127 10 pKarol Code The applicable dec.. ubic ofng recommonclotion or el fine Moon PZ-20-6099 12/07/20 h. If there is any change in Contractor's scope of work or any material change in the manner or risk of the work that Contractor is to perform under this Agreement, Contractor shall maintain such other, further and increased insurance as Owner may reasonably require. 2. Each of the Policies shall be primary insurance, and not be contributing with, nor be in excess of, coverage that Owner Parties may carry or may have available. All Policies shall be issued by an insurance company or companies licensed to do business in the State in which the work is being performed, and having a current A.M. Bestrating of not less than "A, IX", or an equivalent rating issued by another nationally recognized insurer rating agency (such as S&P, Moody's, or Fitch Ratings.) 3. Each Policy shall contain a provision that it is not subject to change or cancellation unless thirty (30) days' prior written notice by certified mail, return receipt requested, shall have been given to the Owner by the insurer. 4. Each Policy shall include waivers of subrogation. 5. All Policies purchased and maintained by Contractor (other than Workers' Compensation and Employers' Liability insurance and Professional Liability insurance) shall designate Owner Parties as additional insureds. 6. With respect to Workers' Compensation, the Alternate Employer endorsement listing Owner as alternate employer should be included. 7. Contractor shall provide Owner with copies of all insurance certificates and applicable policy endorsements complying with the insurance requirements provided for herein before the Contractor begins work and from time to time thereafter as requested by Owner. Owner may require Contractor to provide complete copies of all insurance policies and/or policy endorsements of its subContractors. 8. Contractor shall be responsible for any Project delay or costs incurred by Owner of the documents by reason of Contractor not providing the Owner with Policies that are in compliance with the requirements of this Agreement. 9. The provisions of this Exhibit are not intended to, and shall not, relieve or excuse Contractor from any of its other obligations under this Agreement, including its obligation to hold Owner harmless in the manner and to the extent provided herein or provided by law. 10. With respect to any loss resulting: a. from property damage liability, bodily injury liability, personal and advertising injury liability, and/or medical payments (as these terms are generally understood in insurance policies then in effect covering automobile liability, commercial general liability, and/or workers compensation and employers liability), and/or, b. from or for damage to Contractor's property, or to property under Contractor's care, custody, or control (including any indirect or consequential loss arising from such property damage), which loss is covered by any insurance carried (or required to be carried under this agreement) by or for the benefit of Contractor, Contractor (and any person and/or entity claiming through Contractor) hereby releases each of the Owner Parties and waives any claim, based on negligence or otherwise, against the Owner Parties. Any deductible and/or self -insured retention under such insurance shall be deemed to be insurance carried by or for the benefit of Contractor. Thor Wynwood Walk Owner, LLC Miami, FL 33127 11 pKuril Code The applicable dec.. ubic ofng revlerzble nformabon at the pc. bairn. render • PZ-20-6099 12/07/20 11. The Contractor shall require each subContractor it retains, either in the subcontract or otherwise by appropriate written agreement, to waive all rights of recovery against the Owner Parties and the Contractor with respect to any Toss resulting: a. from property damage liability, bodily injury liability, personal and advertising injury liability, and/or medical payments (as these terms are generally understood in insurance policies then in effect covering automobile liability, commercial general liability, and/or workers compensation and employers liability), and/or, b. from or for damage to Contractor's property, or to property under Contractor's care, custody, or control (including any indirect or consequential loss arising from such property damage), which loss is covered by any insurance carried (or required to be carried under this agreement) by or for the benefit of subContractor, SubContractor (and any person and/or entity claiming through subContractor) shall also release each of the Owner Parties and the Contractor and waive any claim, based on negligence or otherwise, against the Owner Parties and the Contractor. Any deductible and/or self -insured retention under such insurance shall be deemed to be insurance carried by or for the benefit of subContractor. 12. The Contractor shall assist and cooperate with the Owner in every manner reasonably possible in connection with the adjustment of all claims for recovery under any insurance policy concerning the Project or the property where the Project is located. 13. Tenant and the Contractor hereby acknowledge and agree that operations, work and services performed and/or provided under the Agreement (of which this Exhibit is a part) are also performed for and provided to the Owner Parties. If any of the Contractor's insurance policies requires that the Contractor must have a written agreement with the Owner Parties to provide the Owner Parties with the protection of the Contractor's insurance (such as, but not limited to, insured status for the Owner Parties, waiver of insurer's subrogation rights in favor of the Owner Parties, and the Contractor's insurance applying on a `primary and non-contributory' basis vis-a-vis the Owner Parties) then, to the limited extent required by such insurance policies, this Exhibit shall be construed as a written agreement between the Contractor and each of the Owner Parties. 14. Notwithstanding anything to the contrary contained in the Agreement or in any proposal, purchase order, sales order, or any other document that forms part of or is incorporated into the Agreement by reference or inference, in the event of any conflict between the provisions of this Exhibit I and the Agreement (both as may be amended from time to time), the provisions of this Exhibit I will govern. Authorized Signatory of the Contractor Date Print Name: Thor Wynwood Walk Owner, LLC Miami, FL 33127 12 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 SEE APPENDIX "A" FOR FURTHER DETAILS FOR REQUIRED PRE- CONSTRUCTION ITEMS. A. SAFETY REQUIREMENTS 1. It is expected that all Contractors will follow industry standards for a safe and injury free work area and that all Contractors will provide their employees with all necessary and required safety devices and equipment. This provision does not imply that the Premises will take any responsibility to enforce, inspect, and provide safety standards, materials or equipment for any Contractors working within the confines of a Tenant's space. This provision does expect the Contractor to conform to all OSHA and General Safety Standards expressed in the construction industry when that work involves coordination activities between the Tenant space and the general Premises common area. 2. OSHA lock-Out/Tag-Out provisions for all devices subject to electrical shock, pressure containing vessels, lines or duct systems, and/or explosive gases MUST be adhered to. See the appropriate "system" section for details. 3. All Contractors must provide Owner with Material Safety Data Sheets for any chemical used during the course of your work. The Contractor is required by OSHA to have a Hazardous Communication Program in place indicating to all employees the safe handling of all chemicals. 4. Follow all fire and safety operating requirements when welding and burning. 5. In case of any accident, incident or injury occurs during your construction activity, a report must be made by your company and copies sent to Tenant Coordination. Verbal report must be made within two (2) hours of the incident. 6. Tenant Coordination reserves the right to evict or remove any individual from the premises who is displaying unsafe activity. B. PERMITS 1. It is the responsibility of the Tenant/Contractor to acquire all building permits, which must be displayed on site. C. SUB -CONTRACTORS 1. The names and telephone numbers of all Sub -Contractors used during demolition, construction, or remodeling, including the trash removal contract, must be provided to the Tenant Coordinator. Thor Wynwood Walk Owner, LLC Miami, FL 33117 13 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 D. CONSTRUCTION SCHEDULE 1. The dates of construction activity in the Tenant premises are to be submitted to Tenant Coordinator, including any changes to the initial schedule 2. The Tenant or Tenant's Contractor must notify in writing when construction has started and when construction has been completed. A copy of both notifications should be mailed to the Tenant Coordinator and Management. 3. A Certificate of Occupancy or letter of completion must also be obtained if necessitated from the City of Miami Department of Building. 4. Provide copy to Tenant Coordinator. E. BARRICADES AND BULKHEADS 1. Barricades — Dust -tight partitions (storefront barricades will be built prior to the start of any demolition work and remain in place until all work has been completed.). a. Minimum Height— twelve (12) feet. b. Bracing — as required to maintain stability. c. Bottom Plates — shall be secured to floor. The Tenant's Contractor is responsible for maintaining the barricade. 2. No Contractor signs permitted on the barricades. 3. Protection of Adjacent Space - Dust protection will be provided to the individual spaces adjacent to the work being performed. The Contractor's liability for dust and dirt intrusion into adjoining spaces is not negated by this action. The Contractor must coordinate all dust protection work with Property Management. F. DEMOLITION 1. Prior to any demolition and/or construction work, it must be determined whether such work will affect the Fire life safety systems. If the Fire life safety systems may be affected, the Tenant Coordinator must be notified 48 hours prior to commencement of work. Under no circumstances will the Fire life safety system be shutdown overnight, on weekends, or holidays. Contractor will be responsible for paying any fines and associated charges resulting from failure to provide required notification. Thor Wynwood Walk Owner, LLC Miami, FL 33127 14 pubic bearing Kuril Code The applicable dec.. .A revlerzble nformabon at the pc. bairn. render • PZ-20-6099 12/07/20 2. All demolition involving the wholesale removal of all existing store components will require the on -site supervision of the General Contractor assigned to the project. Under NO CIRCUMSTANCES will demolition occur without General Contractor over sight. 3. Should a sprinkler shut off be required, the General Contractor must provide (48)-hour notice to Management in writing. The General Contractor will be required to pay the $500.00 Sprinkler shutoff fee. 4. All demolition operations that raise the noise level above 75db (loud talking) will need to be coordinated with Tenant Coordinator and will need to occur between 8:00 AM and 6:00 PM. 5. All existing mechanical and electrical systems within the confines of the Tenant space must be treated during demolition exactly the same as they are treated in other provisions of this construction coordination guideline document. 6. All demolition removal of debris will occur before 8:00 AM. 7. Tenant's Contractors will not be permitted to use any Premises dumpsters, hand trucks, dollies, ladders, trash containers, mops, or buckets. In the event this happens, you will be billed for the total cost of replacement. 8. No construction debris or building materials shall be placed in Premises compactor unit if one exists. 9. The Contractor is responsible for any debris inside or around their immediate area. 10. Contractors must understand that the Owner cannot monitor Tenants, visitors, or others who may utilize their containers and therefore, will not police any problems that arise from this operation. Thor Wynwood Walk Owner, LLC Miami, FL 33127 15 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 V. MEP Systems A. HVAC SYSTEMS 1. All wall, floor, and roof penetrations must be sealed against liquids and must conform to fire and smoke preventions. 2. The General Contractor is responsible for the final condition of the roof and will be required to rectify any problems arising from the General Contractor's operations. 3. Management must be notified forty-eight (48) hours in advance of crane work. At that time, a location for crane access will be discussed. All costs/expenses for additional security requirements will be borne by the General Contractor. Payment in advance is required. The crane company must provide a separate certificate of insurance naming Premises as insured's. Work must be completed by 8:OOAM. 4. General Contractor shall obtain permission from Property Management should HVAC access / work be required outside of tenant space. Any corrective action required will be deducted from General Contractor's security deposit. 5. All shutdowns will require forty eight (48) hours advance notice. Approval from Tenant Coordinator must be attained prior to proceeding with the work. B. ELECTRICAL SYSTEMS 1. All electrical closets must be treated properly. No debris, tools, ladders or any other construction equipment will be permitted inside the closets. All wall and floor penetrations MUST be sealed against liquids and confonn to fire and smoke provisions of the City of Miami's respective jurisdictional authorities. 2. All Contractors will comply with the current OSHA Lock-Out/Tag Out policy. No Contractor will attempt to work within the Tenant space without a Lock-Out/Tag-Out placed on appropriate breaker/switch/disconnect. 3. Lock-Out/Tag-Out materials will be the responsibility of the Electrical Contractor and General Contractor. 4. The General Contractor will coordinate all electrical work through Management and will ascertain the need to change any system installations. All changes are required to be approved before proceeding. Thor Wynwood Walk Owner, LLC Miami, FL 33127 16 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 5. General Contractor shall obtain permission from the Management should electrical access / work be required outside of tenant space. Any corrective action required will be deducted from General Contractor's security deposit. 6. Any work within the building ELECTRICAL CLOSET will require permission from owner. ALL ELECTRICAL WORK involving any equipment inside the electrical closets will REQUIRE A SHUTDOWN of all power in that closet. All shutdowns will require a forty-eight (48) hour notice to owner and their approval before proceeding. 7. If an electrical shutdown is required which might affect retail tenants the Contractor will notify Tenant Coordinator forty-eight (48) hours in advance prior to the shutdown. Shutdown shall be performed only at the direction of Tenant Coordinator. All costs associated with the shutdown are the Contractor's responsibilities. Shutdowns shall not exceed five (5) hours in duration. Approval from Tenant Coordinator must be attained prior to proceeding with work. All work to be done after hours only. C. PLUMBING SYSTEMS 1. All plumbing work will be coordinated with Tenant Coordinator. All wall and floor penetrations MUST be sealed against liquids and conform to fire and smoke provisions of the City of Miami's respective jurisdictional authorities. 2. General Contractor shall obtain permission from Tenant Coordination should plumbing access / work be required outside of tenant space. Any corrective action required will be deducted from General Contractor's security deposit. 3. The General Contractor is responsible for all oversight of the plumbing operations and any coordination work with other systems "outside" the immediate Tenant work area. 4. If a plumbing shutdown is required which might affect other tenants within the property, the Contractor will notify Tenant Coordinator forty-eight (48) hours in advance prior to the shutdown. Shutdown shall be performed only at the direction of Tenant Coordination. All costs associated with the shutdown are the Contractor's responsibilities. Shutdowns shall not exceed five (5) hours in duration. Approval from Tenant Coordinator must be attained prior to proceeding with work. All work to be done after hours only. Thor Wynwood Walk Owner, LLC Miami, FL 33127 17 pubic 9 Kuril Code The applicable dec.. .A PZ-20-6099 12/07/20 A. GAS SYSTEMS 1. All gas systems will be treated the same as the electrical systems with all appropriate Lock- Out/Tag-Out procedure followed. All wall and floor penetrations MUST be sealed against liquids and conform to fire and smoke provisions of the City of Miami's respective jurisdictional authorities. 2. All gas systems work will require the coordination with Tenant Coordinator. 3. General Contractor shall obtain permission from Tenant Coordination should gas access / work be required outside of tenant space. Any corrective action required will be deducted from General Contractor's security deposit. 4. All gas systems will be required to have a twenty-four (24) hour pressure test procedure applied and the appropriate test certificate will be given to Management at the conclusion of the project. 5. If a gas shutdown is required which might affect retail tenants the Contractor will notify Tenant Coordinator forty-eight (48) hours in advance prior to the shutdown. Shutdown shall be performed only at the direction of Tenant Coordination. All costs associated with the shutdown are the Contractor's responsibilities. Shutdowns shall not exceed five (5) hours in duration. Approval from Tenant Coordinator must be attained prior to proceeding with work. All work to be done after hours only. B. SPRINKLER 1. Any fire protection work must be approved by Tenant Coordinator and a forty-eight (48) hour advance notice must be provided for sprinkler shutdowns. 2. All Sprinkler system shutdowns must be conducted by the Property Sprinkler Contractor. 3. Sprinkler shutdowns can take place no earlier than 8:00 AM and system must be reactivated by 3:00 p.m. Sprinkler shutdowns will not be permitted on the weekends and holidays. At NO time will a system be shutdown overnight. Plan the work accordingly. 4. A fee of $500.00 is required for each sprinkler shutdown. Thor Wynwood Walk Owner, LLC Miami, FL 33127 18 C of aring Karol Code The applicable dec.. pubic PZ-20-6099 12/07/20 5. The system is activated twenty-four (24) hours a day; therefore, when demolition is necessary, extreme caution must be taken. 6. In accordance with NFPA-13, the Sprinkler Contractor shall plan and organize his work so that the sprinkler zone involved is drained down the absolute minimum time. 7. All sprinkler system shutdowns must be conducted by the Premises Sprinkler Contractor. 8. During a sprinkler shutdown and at ALL times you must post NO SMOKING signs. 9. General Contractor shall obtain permission from Management should sprinkler access / work be required outside of tenant space. Any corrective action required will be deducted from General Contractor's security deposit. 10. If a sprinkler shutdown is required which might affect retail tenants the Contractor will notify Tenant Coordinator forty-eight (48) hours in advance prior to the shutdown. Shutdown shall be performed only at the direction of Tenant Coordination. All costs associated with the shutdown are the Contractor's responsibilities. Shutdowns shall not exceed five (5) hours in duration. Approval from Tenant Coordinator must be attained prior to proceeding with work. All work to he done after hours only. 11. A capped and valve connection to the Fire Protection (Sprinkler) System needs to be provided. Connection to the system and distribution provided. C. ROOFING 1. Any roof penetrations must be approved by Tenant Coordinator. 2. No one is allowed to remove anything from the roof area without expressed approval from Tenant Coordinator. 3. All roof work must be completed by the Premises Roofing Contractor to avoid warranty/service problems. 4. Extreme care must be exercised when working on the roof area. No gang boxes, pallets, or any other foreign materials or equipment that may damage the roof are permitted on the roof area. 5. Any work involving exhaust fans or other mechanical devices must be coordinated in such a manner as to absolutely minimize any potential exposure of the roof to damage. 6. The General Contractor is responsible for the final condition of the roof and will be required to rectify any problems arising from General Contractor's operations. Thor Wynwood Walk Owner, LLC Miami, FL 33127 19 pubic 9 Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 7. All rooting work must be coordinated with Management and will require a sufficient notice, forty-eight (48) hours minimum. 8. The Premises Roofing Contractor MUST be involved with every and any penetrations through the roof. 9. Antenna Use - All requests must be made in writing. Installation of antennae or a satellite dish must be pre -approved by the Landlord. i. Tenant /Tenant Contractor obtain all necessary permits and approvals per applicable laws. ii. Tenant/Tenant Contractor installs and maintains the Dish. iii. The Dish shall not interfere with any other communication systems or equipment of Landlord or any other Tenant in the property. iv. Tenant/Tenant Contractor shall be liable for damage to the roof caused by the installation, maintenance, repair, replacement or operations of the Dish. v. In no event shall the Dish or Tenant's installation, maintenance, repair, or replacement, thereof cause any Contractor's warranty (ies) in connection with the roof of the building benefiting the Landlord and the building, to become invalid or null and void. vi. In the event that the Tenant, or any of Tenant's agents, employees or Contractors, cause such Contractor's warranty(ies) to become null and void, Tenant/Tenant's Contractor shall be responsible during the remainder of the period that would have otherwise been covered by such invalid or voided warranty(ies) for reimbursing the Landlord for all repairs to the roof of the building, whether caused by the Tenant's Contractor or any other Tenant, which would otherwise have been covered by such invalid or voided warranty(ies). vii. In the event that the Dish damages or causes wear to the roof, the Tenant/Tenant Contractor shall reimburse Landlord for costs and expenses in connection with the repair or replacement thereof. D. FIRE ALARM 1. The system is activated twenty-four (24) hours a day; therefore, when demolition is necessary, extreme caution must be taken. 2. All Fire -Alarm system shutdowns must be conducted by the Property Fire Alarm Contractor. Thor Wynwood Walk Owner, LLC Miami, FL 33127 20 pKuril Code The applicable dec.. ubic ofng revlerzble nformabon at the pc. bairn. render • PZ-20-6099 12/07/20 3. Any fire protection work must be approved by Tenant Coordinator and a forty-eight (48) hour advance notice must be given. Please contact Tenant Coordination for the Base Building Fire Alarm Contractor Contact information. 4. If a fire -alarm sprinkler shutdown is required which might affect other tenants, the Contractor will notify Tenant Coordinator forty-eight (48) hours in advance prior to the shutdown. Shutdown shall be performed only at the direction of Tenant Coordination. All costs associated with the shutdown are the Contractor's responsibilities. Shutdowns shall not exceed five (5) hours in duration. Approval from Tenant Coordinator must be attained prior to proceeding with work. All work to be done after hours only. Thor Wynwood Walk Owner, LLC Miami, FL 33127 21 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 A. CONSTRUCTION SECURITY DEPOSIT 1. A construction deposit of $5,000.00 per project is required. Forfeiture of security deposit may occur if damage to the Premises is such that it is identifiable to that Contractor and no effort is made on the Contractor's part to rectify the problems. B. SPRINKLER/FIRE-ALARM SHUTDOWN (IF APPLICABLE) 1. Sprinkler shutdowns, should they be required, will be billed at $500.00 per occurrence. 2. Fire -Alarm shutdowns, should they be required, will be billed at $500.00 per occurrence. Thor Wynwood Walk Owner, LLC Miami, FL 33127 22 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 VIII Post Construction SEE APPENDIX `B" FOR FURTHER DETAILS REGARDING REQUIRED POST CONSTRUCTION ITEMS. A. PUNCH LIST 1. The General Contractor is ultimately responsible to the Tenant to assure compliance with all plans and specifications and that the Tenant is satisfied with the delivery of the premises. It is not the intention of this provision to supplement or exempt the Contractor from performing those duties. 2. It is the intention of this provision that the Contractor satisfies any and all components of the project that inter -relate and overlap Premises systems and components. 3. The Contractor will provide sufficient time to review and repair work/building systems where it impacted the conditions of the Premise including the storefront. 4. The common area areas associated with the construction activities will be addressed and repaired if necessary, but not limited to any other related areas associated with the Contractors activity, such as electrical room tags, completion of signs, miscellaneous painting, door repairs, condition of loading docks, and roll off containers remaining on Premises. 5. It is the Contractor's responsibility to repair damage to surrounding walls, or columns upon completion of work. 6. A walk thru is to be scheduled with Tenant Coordination and Property Management in conjunction with the Tenant punch walk thru ten(10) days prior to substantial completion. 7. Tenant Coordination and Property Management to issue Landlord punch list five (5) days prior to substantial completion addressing but not limited to base building systems, equipment, finishes and fixtures. 8. Final Construction Punch List — A walkthrough is to be scheduled with Tenant Coordination and Management designee in conjunction with the removal of the barricade. B. SIGN OFFS & REQUIRED DOCUMENTATION 1. Sign -Offs and or Certificate of Occupancy — Letter of Completions and or a Certificate of Occupancy must be obtained and posted on the premises (with a copy to the Tenant Coordinator) prior to the store's opening for business. Thor Wynwood Walk Owner, LLC Miami, FL 33127 23 pKuril Code The applicable dec.. ubic ofng revlerzble nformabon at the pc. bairn. render • PZ-20-6099 12/07/20 2. Tenant General Contractor must deposit a Release and Waiver of Liens along with releases for all Sub -Contractors with Tenant Coordinator within seven (7) days of completion of work. 3. As -Built plans to be submitted in CAD and PDF format. As -Built plans to include all Architectural, Mechanical, Plumbing, Electrical, Structural, Sprinkler, Fire Alarm. Thor Wynwood Walk Owner, LLC Miami, FL 33127 24 pKarol Code The applicable dec.. ubic ofng reccrnmenclotion or el fine Moon PZ-20-6099 12/07/20 APPENDIX A PRE -CONSTRUCTION CHECK LIST Below is a list of items that must be completed prior to the start of Tenant construction: ❑ Approval from the Tenant Coordinator to proceed (from Tenant Coordinator) ❑ Copy of all Permits for construction and/or Signage (Tenant Contractor) ❑ Copy of the approved set of construction drawings from the Land Lord and Local Jurisdiction, Original copy must be maintained on the job site at all times. (Tenant Contractor) ❑ Date of Possession (DOP) Letter (signed by Tenant / or Tenant's Agent) ❑ Certificate of Insurance (Tenant Contractor) ❑ Construction Security Deposit (Amount as defined Construction Rules and Regulations above) ❑ Sub -Contractor List (include Union Affiliation as required, but mush have 24 hour emergency number) ❑ Construction Schedule (from Tenant or Tenant Contractor — submit updates as required) ❑ Space Acceptance Letter and Punchlist (Letter executed, punchlist created by Tenant Coordinator and Tenant/Tenant Contractor) — If Applicable ❑ Inspection Process (Review with Tenant or Tenant Contractor) ❑ Safety Meeting with on site coordinator ❑ Construction Guidelines (General & Subcontractor must sign and return to Tenant Coordinator) ❑ Exhibit I (General & Subcontractor must sign and return to Tenant Coordinator) ❑ Turn Over Keys (Receipt signed by Tenant or Tenant Contractor) ❑ Turn over Contractor Guideline Manual (Receipt signed by Tenant or Tenant Contractor. Review book and its content Thor Wynwood Walk Owner, LLC Miami, FL 33127 25 pKarol Code The applicable dec.. ubic ofng reccrnmenclotion or el fine Moon PZ-20-6099 12/07/20 APPENDIX B POST CONSTRUCTION CHECKLIST Below is a list of items that must be completed prior to the receipt of Security Deposit and/or Final Tenant Allowance Payment ❑ As -Built Drawings - CAD U Contractor's Sworn Statement ❑ Tenant General Contractor Guarantee (on Contractor Letterhead) U Tenant General Contractor Affidavit (on Contractor Letterhead) ❑ Unconditional Final Waivers of Lien from Tenant General Contractor ❑ Unconditional Final Waivers of Lien from all Sub -Contractors U Copy Certificate of Occupancy and or Letter of Completion (LOC) ❑ Copy of all signed -off permit/inspection card(s) and all operating or business licenses ❑ Tenant Declaration ❑ Landlord Punch List ❑ W-9 Form Thor Wynwood Walk Owner, LLC Miami, FL 33127 26 pKarol Code The applicable dec.. ubic ofng reccrnmenclotion or el fine Moon PZ-20-6099 12/07/20 Unconditional Waiver and Release upon Final Payment The undersigned has been paid in full for all labor, services, equipment or material furnished to on the job of and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claim for extra work in the amount of SIGNATURE: TITLE: COMPANY: DATED: THE STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day, personally appeared of subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considered therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 201 . NOTARY PUBLIC IN AND FOR THE STATE OF (Printed Name of Notary) My Commission Expires: Notice: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. if you have not been paid, use a conditional release form. Thor Wynwood Walk Owner, LLC Miami, FL 33127 27 State of County of CONTRACTORS SWORN STATEMENT The affiant, being first duly sworn deposes and says that he is (position) (person signing name) (company name) Space 11 and owned by pKarol Code The applicable dec.. ubic of PZ-20-6099 12/07/20 of under contract with doing Tenant Improvements. (tenant name) For the purpose of said contract, the following persons have been contracted with and have furnished or are furnishing and preparing materials for and have done or doing labor on said improvement. That there is due and to become due to them respectively the amounts set opposite their names for materials or labor as stated. That this statement is a full true and complete statement of all such persons. and of the amounts paid. 1 2 3 4 5 6 7 Name and Address Type of work Adjusted Total Contract Include Extras/Credits Total Amount Of Original Contract Extras To Contract Total Contract And Extras Credits To Contract Adjusted Total Contract 5 Work. Completed To Date Less_% Retained Net Amount Earned $ 5 $ $_ $ $ Net previously Paid Net Amount Of This Payment Balance To Become Due (Include Retention) $ $ $ 5 Signed Subscribed and sworn to before me this Notary Public__ My commission expires on Position day of , 20 . Thor Wynwood Walk Owner, LLC Miami, FL 33127 28 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 TENANT DECLARATION (On Tenant's Letterhead) Property: Attention: Tenant Coordination Re: Tenant Name: Space #:_ To Whom It May Concern: The undersigned, , a corporation, ("Tenant") does hereby declare the following: 1. The Lease Premises is open for business 2. All Tenant's Contractors, Sub -Contractors and other persons performing labor and/or supplying materials in connection with Tenant's Work have been paid in full or adequate security has been provided therefore by way of bond or otherwise. 3. All waivers attached hereto are true and correct and, to Tenant's knowledge, there is no claim, either legal or equitable, to defect the validity of said waivers. Executed at Date: By: (City) (State) (Sign Name) (Title) Thor Wynwood Walk Owner, LLC Miami, FL 33127 29 , on pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 GENERAL CONTRACTOR'S AFFIDAVIT (On General Contractor's Letterhead) Property: Attention: Tenant Coordination Re: (Space Name) (Space #) To Whom It May Concern: The undersigned, a (corporation/sole proprietor), ("Tenant Contractor") does hereby declare the following: 1. The Lease Premises have been constructed substantially in accordance with Landlord and Agency approved drawings. 2. All Tenants Punch list items noted on Landlord's Punch list have been completed (copy attached). 3. Construction of the Lease Premises was completed on Executed at , on By: (City) Date: (State) (Month, Day) (Year) (Company) (Sign Name) (Title) GENERAL CONTRACTOR'S GUARANTEE Thor Wynwood Walk Owner, LLC Miami, FL 33127 30 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 (To Be Printed on Contractor's Letterhead) GUARANTEE FOR (Tenant) Extended Equally To: (Business Owner/Client) -AND- , The Landlord We hereby guarantee that the Tenant Improvement which we have installed/performed at the store has been done in strict accordance with the drawings and specifications provided by our Client, the Business Owner and approved by [Owner Entity], the Landlord and that the work installed will fulfill the requirements of those specifications. We agree to repair or replace or cause to be repaired or replaced any of all of our work, which may prove to be defective in workmanship or materials, together with any adjacent work which requires repair or replacement because of our defective work, within a period of One Year from (opening date) or (the date of Acceptance), 20 (whichever is later) of the above named project by the Owner. Damages caused by natural disaster, or unusual abuse and neglect by others are excluded from this guarantee. If we fail to start compliance with the above paragraph within ten (10) days after receipt of written notice from the Owner (our Client), their architect or the Landlord to do so, or fail to pursue such compliance with diligence, we, jointly and severally do hereby authorize the Owner or Landlord to proceed to have the defects repaired and made good at our sole expense, and we will honor and pay the costs and charges for it together with interest at the maximum rate then permitted by governing state law, upon demand. If we fail to fulfill the preceding obligations, and if Owner or Landlord brings action to enforce this guarantee, we agree to pay Owner's or Landlord's reasonable attomey's fees incurred in connection herewith. By: (Company Name Title: Date: THE ATTACHED WORK RELEASE FORM MUST BE SIGNED AND TURNED IN TO TENANT COORDINATION OR MANAGEMENT Thor Wynwood Walk Owner, LLC Miami, FL 33127 31 pKarol Code The applicable dec.. ubic ofng recommonclotion or el fine Moon PZ-20-6099 12/07/20 ACCOMPANIED BY REQUISII`t DEPOSIT(S) AND CERTIFICATE OF INSURANCE BEFORE ANY WORK BEGINS ON THE PROPERTY. I have received and read the above construction procedures. Building: Tenant: Contractor: By: Title: Dated: After reviewing these guidelines, please sign this form and send to the above address. Any questions regarding the attached Rules and Regulations may be directed to: ATTN: Steven Stewart Direct Line: 212-529-8681 E-mail: sstewartra thormanai ement.com END OF DOCUMENT Thor Wynwood Walk Owner, LLC Miami, FL 33127 32 ■ ■ ■ • THOR EQUITIES' '■ pKarol Code The applicable dec.. ubic hewing reccrnmenclotion or el fine Irlocio on PZ-20-6099 12/07/20 Design Guidelines Wynwood Walk Miami, FL 33127 ■ ■ ■ ■ ■■ �■-f ■i■ ■ ■O_ ■■ ■i■ _■ ■ • •■� ■_■ •■ •' � ■ ■■■ El III pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 TABLE OF CONTENTS L I. GENERAL INFORMATION PAGE 3 II. PROJECT DIRECTORY PAGE 4 III. BUILDING CODE REQUIREMENTS PAGE 6 IV. TENANT DRAWING SUBMISSION REQUIREMENTS AND PROCEDURES PAGE 7 V. PERMIT APPLICATION REQUIREMENTS PAGE 8 VI. STOREFRONT DESIGN CRITERIA PAGE 9 VII. LIGHTING CRITERIA FOR STOREFRONT AND STORE INTERIOR PAGE 13 VIII. SIGNAGE GUIDELINES PAGE 17 IX. STORE IDENTIFICATION SIGN PAGE 19 X. FOOD USE DESIGN GUIDELINES PAGE 20 XI. NOISE DESIGN GUIDELINES PAGE 22 XII. STRUCTURAL PAGE 23 XIII. HVAC PAGE 24 XIV. FIRE PROTECTION PAGE 28 XV. PLUMBING PAGE 30 XVI. ELECTRICAL PAGE 34 XVII. SPECLALTY TENANTS PAGE 37 Page 2 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng recommonclotion or el fine Moon PZ-20-6099 12/07/20 Thor Wynwood Walk Owner, LLC and Thor Equities, LLC reserves the right to revise and supplement the foregoing rules and regulations from time to time as the Owner may deem necessary. Page 3 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 The Design Criteria is intended for informational purposes only. Landlord reserves the right to make any changes to the criteria including, without limitation, dimensions and Tenant/ Landlord responsibilities. Landlord makes no warranties or representations concerning any matter contained in the criteria, nor shall Tenant rely upon the same. FORWARD The standards contained within the Design Criteria are intended to ensure quality of design and construction throughout the center. This document, referred to in the lease agreement, is intended to assist in the design and construction of the Tenant's demised premises. We invite the Tenant to express their individuality and distinctive identity while maintaining a consistent level of quality and integrity complimentary to the Property. The Design Criteria is for use by Tenant, including those having regionally or nationally recognizable storefronts and who may have to modify those designs to conform to specific criteria. It is the intent of the Criteria to visually coordinate the ensemble of individual stores while encouraging freedom of design for the Tenant's storefront (s). Tenants are encouraged to discuss specific thoughts or questions regarding their stores with the Tenant Coordinator prior to beginning design work. Special circumstances may require interpretations of the Criteria. However, deviations from the Criteria that undermine its intent will not be accepted. Page 4 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 11. PROJECT DIRECTORY TENANT COORDINATION Thor Wynwood Walk Owner, LLC c/o: Thor Equities 25 West 39th Street-11t FL New York, NY 10018 Steven Stewart Direct: 212-529-8681 sstewart@thormanagement.com PROPERTY DEVELOPMENT Thor Equities, LLC 25 West 39th Street-11`h FL New York, NY 10018 Peter McEneaney Direct: 212-529-7428 pmceneane/gthorequities.com CITY OF MIAMI BUILDING DEPARTMENT Miami Building & Zoning 444 S.W. 2nd Avenue, 4th floor Miami, FL 33130 Planning & Zoning Help Desk: 305-416-1180 Fire & Life Safety Inspections: 305-416-1100 Business Fax: 305-416-2168 Microfilm Department: 305-416-1140 www.miamigov.com/building/contactus build ingPmiamigov.com MIAMI-DADE COUNTY HEALTH DEPARTMENT 1350 NW 14th Street Miami, FL 33125 Customer Service: 305-324-2400 www.dadehealth.org WATER & SEWER Miami -Dade County Environmental Protection Department 305-372-6529 www.miamidade.gov/environment/ Page 5 Thor Wynwood walk Owner, LLC Miami, FL 33127 Tblissubrniii nee... scbetlu led for pubic bearing City of Kuril Code The applicable dec..-makinuixxl,1111. revlerzble nformabon at the pubic burin. render • PZ-20-6099 12/07/20 ELECTRIC/GAS Florida Power & Light (FPL) Customer Service: 305-874-5031 www.fpl.com FIRE DEPARTMENT AUTHORITY Emergency: 911 General Information: 3 05-673 -711 Fire Rescue Department: 305-673-7130 TELEPHONE COMPANY Comcast Customer Service: 800-934-6489 Page 6 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 iIL BUILDING CODE REQUIRE APPLICABLE CODES AND LOCAL AMENDMENTS All work shall comply with the provisions of the specifications, drawings, and design criteria of the landlord, and shall satisfy all applicable codes, ordinances, and regulations of all authorities having jurisdiction. Any modifications to the work required by such authorities shall be performed by the tenant's contractor. All permits and licenses necessary for the execution of the work shall be secured and paid for by the tenant's contractor(s). The Tenant shall be responsible for ascertaining and complying with applicable codes and requirements. Page 7 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 IV. TENANT DRAWING SUBMISSION REQUIREMENTS PROCEDURES The following summary is provided for Tenant's convenience: A. Tenant Coordination- All prints, drawings, information and other material to be furnished by Tenant as required shall be delivered or e-mailed to the Landlord in care of: Thor Equities, LLC 25 West 39th Street, 2"d Floor New York, NY 10018 Attention: Tenant Coordination, Peter McEneaney E-mail: pmceneaney@thorequities.com B. Design Drawings 1. If tenant is performing work, drawings shall be prepared by Tenant in strict compliance with this Tenant Criteria, the Preliminary Design Drawings as approved by Landlord, and the complete requirements from drawing preparation and submission set forth in Exhibit B of the lease. 2. Tenant shall submit to the Landlord Tenant's Design Drawings showing store entry location, intended storefront design, character, and signage of the Premises via e-mail or CD. This submittal should include a sample finish board for Landlord review and approval. Should the Preliminary Design Drawings be disapproved, the Tenant shall submit correct drawings within fifteen (15) days after receipt of disapproval from landlord. 3. In conjunction with Design Drawings, Tenant shall submit, via e-mail or CD, formal sign shop drawings and sample of colors for its proposed storefront sign work. Sign drawings shall indicate graphics, color, materials and construction and attachment details. 4. After receipt of the plans and Sign Drawings, Landlord shall return to Tenant such Drawings via e-mail marked either Approved, Approved as Noted, Approved as Noted -Revise and Resubmit, or Disapproved. If upon receipt Drawings hearing Landlord's comments, Tenant wishes to take exception thereto, Tenant may do so in writing to Landlord, within ten (10) days from date of receipt of Drawings. Unless such action is taken, it will be deemed that all comments made by Landlord on Drawings are acceptable to and approved by Tenant. Page 8 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 V. PERMIT APPLICATION & REQUIREM A. Building Department- It is the Tenant's responsibility to conform to all applicable statutes, ordinances, regulations and codes, and to obtain all necessary licenses and permits for the construction of the Tenant's Premises from the City of Miami Building Department. Specific questions regarding the applicable codes or items within the code and/or permits or permit fees should be directed to the Building Department. B. Permit Application- To obtain the required City of Miami building pen iuts, please see City of Miami website: www.miamiwov.corn/building/contactus C. Health Department- Prior to issuance of a building permit, all restaurant (Food Service) Tenants should contact the City of Miami Health Department. D. Fire Department- Sprinkler/Fire Protection Drawings must be submitted to the Fire Department prior to the issuance of the Certificate of Occupancy. E. Handicapped Requirements- Each Tenant shall comply with the Standards of Accessibility as required by the current edition of the Florida State Building Code and all other agencies having jurisdiction. Page 9 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 A. DESIGN CONTROL ZONE The Landlord design control is the area in front of the Tenant's space that extends from the Lease line to all points 5'-0" into Tenant space. This area of the storefront should convey a store's merchandise identity and generate customer interest. It should also convey excitement and give consumer a reason to shop at the store. Tenant shall use the following design criteria for displays within this zone. The Landlord shall have absolute right of approval over all Tenant design, signage and materials within this zone. 1. No wall mounted fixtures or hardware for display shall be peiiiiitted within this zone unless concealed by a partition wall. Slat wall is not permitted. 2. Hard flooring is required in this area. Tenants may choose to provide a raised platform behind the display windows. 3. Security systems may be concealed type, such as under floor or overhead if concealed. 4. Television monitors may not be visible or audible from the property unless specifically approved by Landlord. 5. Ceilings must be drywall or other approved "hard" ceiling material. The ceiling height shall be a minimum height of 1'-0" above storefront glazing. Store exit signs must be located hidden from view from the common area. Acoustical tile will not be permitted. 6. Sprinkler heads at the Design Control Zone must be fully recessed or flushed with cover plates to match ceiling color. 7. The Design Control Zone will be illuminated only with: a. Track light head in display window only b. Down lights (recessed) at entry only c. Fluorescent lighting will not be permitted B. STOREFRONT FINISHES MATERIALS ENCOURAGED BY THE LANDLORD: 1. Wood Fire Treated Painted or stained, kiln dried, mill quality finish Redwood: only clear heart Pine: only clear pine, "C" grade or better Pagc 10 Thor Wynwood Walk Owner, LLC Miami, FL 33127 Oak: only clear oak 2. Glass Clear 3. Metal Anodized aluminum, cast aluminum Cast iron, wrought iron Brass, Bronze Pressed metal (tin or aluminum) Stainless Steel pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 ALL METAL USED IN TENANT STOREFRONTS FOR GLAZING, SLIDING DOORS,WALL PANELS,ETC. IS SUBJECT TO LANDLORD APPROVAL. 4. Stone Marble Granite Sandstone Limestone Travertine Quartzite Slate 5. Plaster Plaster moldings and castings 6. GRFG/C Glass Fiber Reinforced gypsum/concrete 7. Masonry Tile Terracotta Mosaics 8. Gypsum In combination with any of the above MATERIALS UNACCEPTABLE BY THE LANDLORD: 1. Masonite, simulated wood laminate, peg board, unfinished or veneered plywood or particle board, rough -cut lumber and siding. 2. Corrugated or unfinished metal, woven wire products or wire glass. 3. Most artificial versions of stone, marble, tile, brick, etc. 4. Non -solid -core plastic laminates. 5. Cork tile or other cork products. 6. Vinyl wall coverings, wall paper or fabric (allowable on the interior only). Page 11 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 7. Indoor/outdoor carpet. 8. Exposed fluorescent tubes or incandescent bulbs (standard). 9. Materials that constitute a fire and/or public hazard. 10. Highly textured paint, stucco or fluorescent paint. 11. Resilient sheet vinyl composition tile flooring, or any like material, in customer areas of premise. 12. Salvaged materials that are not restored. AT THE DISCRETION OF LANDLORD, NON -COMPLIANT MATERIALS MAY BE ALLOWED. C. STORE INTERIOR 1. Layout, fixtures, cash wrap, etc. must be designed to comply with all accessibility standards as defined by applicable law and local codes. 2. Interior finishes must be high quality, durable and meet fire ratings as defined by local code and Landlord's insurance underwriter. Finished wood shall be millwork quality kiln dried with durable finish. 3. All flooring transitions must be level and smooth. Flooring finishes shall be hard wood, tile, stone, polished/stained sealed concrete or commercial quality cut pile carpeting or loop/cut pile combination. 4. At all Upper Level spaces, and within lower level spaces located over a basement, waterproofing must be installed under the finished floor of toilet rooms, mop sinks and all other wet areas per property criteria. A property management supervised flood test will be performed. D. SERVICE DOORS 1. Relocation of the Service Door to the exterior or to a service corridor must be approved by Landlord and must open in the direction of exit travel. Doors opening onto a service corridor must be fully recessed so as not to restrict emergency exiting through the corridor. Tenant must construct all walls, doors, etc., to meet code and fire ratings and must rework recess and adjacent property corridor to match property standards exactly in materials, paint colors, exterior finishes, etc. 2. Door frames and doors shall be per local fire code requirements. Hardware shall include a locking device always operable from the interior, a door bumper, and comer guards at the recessed entry, hydraulic closure and all other locks requiring codes. Page 12 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 3. When the service door is to be installed in a C.M.U. wall, the opening must have a steel angle lintel header and metal comer guards at the jambs. Page l3 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 VII. LIGIITING CRITERIA FOR STOREFRONT & STORE T The overall design of lighting in the property will consist of modulated artificial and natural lighting sources which will permit properly illuminated store areas and merchandise to become the focus of attention. It is the purpose of these standards to provide a basic lighting approach, which will maintain a good visual balance between stores and will provide a framework for creative design and visual variety. The Criteria shall govern the design and installation of all storefront and store interior lighting to be installed by Tenant at any time in conjunction with the provisions of tenant's Lease with landlord. The Criteria is subject to revision by Landlord from time to time. Landlord's interpretation of the Criteria shall be final and controlling. These Criteria must be followed in all areas of the Premises, which are visible from the property, exterior, and other public areas. A. STOREFRONT LIGHTING 1. Halogen or compact fluorescent high -intensity standard and low voltage spotlighting, is preferred for storefront display lighting. Color temperature for all lamps shall be 3,500 K. 2. Spotlighting may be accomplished by fully recessed, adjustable or fixed angle fixtures or by track -mounted adjustable spotlight. All adjustable units must be positioned so light will not spill outside the Premises. 3. Closed internally illuminated showcases at the storefront or interior of the store must be adequately ventilated. 4. Direct visual exposure of fluorescent tubes is prohibited. B. STORE INTERIOR LIGHTING 1. Lighting fixtures shall be high quality commercial grade. The fixtures shall be constructed and installed to be glare -free and shall comply with all applicable codes requirements. Excessively bright lights are not permitted. Specific fixture requirements are as follows: a. Colored incandescent bulbs are not permitted b. Fully exposed bulbs are not permitted, except special ornamental lamps approved in writing by Landlord c. Any type of moving or flashing lights shall not be permitted (strobe, spinner or chase type) Page 14 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 d. Recessed lights shall be accommodated with a specular or semi-specular alzak cone, and may be adjustable. Lamps shall not be at or below ceiling line. 2. Fluorescent and H.I.D. and Other Types. General Interior Lighting. a. Fluorescent fixtures used for general store lighting shall be 2'x4' deep cell parabolic, paracube or a wedge -type fixture.2'x4'acrylic lens exposed fluorescent light fixtures shall not be permitted in the sales or public areas. b. All fluorescent lighting must have electronic ballasts and shall meet local utility standards. To protect the visual environment for the benefit of all Tenants, the brightness of Tenant's lighting is subject to landlord approval. Tenant shall provide a minimum of 25 foot-candles (average) and a maximum of 75 foot-candles (average) measured at 36" AFF. c. H.I.D. lamp color shall be color corrected metal halide. d. Mercury vapor or high-pressure sodium type fixtures are not permitted. e. The use of decorative type lights such as luminous ceiling chandeliers, pendant or wall units, or clear type glitter strips is permitted for general lighting only if Tenant has established an identity based on this theme or motif, and if Landlord's Representative approves the location. 3. Interior Store Accent Lighting a. Accent lighting and spotlighting shall conform to the Storefront Display Lighting Criteria. 4. Emergency Lighting a. Tenant must provide interior emergency lighting and exit sign lighting as required by code. The backside of the EXIT sign above the storefront entry shall not be visible from the property unless edge -lit type. 5. Energy Compliance a. Tenant shall be responsible for lighting and electrical design in compliance with applicable energy codes. 6. Tenant shall provide seven (7) day, twenty-four (24) hour time clock for control storefront lighting, display cases and signage to be coordinated with the Property hours. Page 15 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 IIIMEV III. SIGNAGE GU . .L Tenant shall be responsible for obtaining all required permits and approvals for signage that will be required by the City of Miami. A. Prohibited Signage a. No sign shall be permitted on the property or in any portion of the common area or in any place not specifically permitted by these criteria. b. No sign, advertisement, notice, or other lettering shall be exhibited, inscribed, painted, or affixed on any part of the storefront(s) except store identification signs. c. No sign (except store identification signs), advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed outside the Premises or in the interior of the Premises within ten (10) feet of any storefront aperture. d. No illuminated sign located in the interior of the Premises, which is visible from the outside, shall advertise any product or draw specific attention to any product. All signs located in the interior of the premises shall be in good taste so as not to detract from the general appearance of the Premises. B. The following types of signs and sign components shall not be permitted: a. Boxed or cabinet type, except when totally recessed and flush with the plane of the storefront. b. Cloth, paper, cardboard and similar stickers, or decals around or on surfaces exterior to the Premises. c. Freestanding. d. Moving or flashing e. Noise producing. f. Exposed lamps / neon. g. Exposed fastenings or manufacturer's/underwriter's labels. Page l6 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 C. Acceptable primary storefront sign types: a. Dimensional wood, metal, glass, or other material w/ a permanent appearance, indirectly illuminated. b. Reverse channel letters w/ halo illumination, opaque letter -sides and faces and non reflective background. c. Incised signing cast into or carved out of an opaque material indirectly illuminated. d. Sculptural iconographic elements contextual to the storefront design indirectly illuminated. Page 17 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic 9 Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 A. Number of Signs 1. Tenant shall identify the Premises by installing one (1) illuminated sign or other graphic treatment (Store Identification Sign) on the storefront elevation. B. Prohibited Signage 1. No sign shall be permitted on the property or in any portion of the common area or in any place not specifically permitted by these criteria. 2. No sign, advertisement, notice, or other lettering shall be exhibited, inscribed, painted, or affixed on any part of the storefront(s) except store identification signs. 3. No sign (except store identification signs), advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed outside the Premises or in the interior of the Premises within ten (10) feet of any storefront aperture. 4. No illuminated sign located in the interior of the Premises, which is visible from the outside, shall advertise any product or draw specific attention to any product. All signs located in the interior of the premises shall be in good taste so as not to detract from the general appearance of the Premises. C. The following types of signs and sign components shall not be permitted: 1. Boxed or cabinet type, except when totally recessed and flush with the plane of the storefront. 2. Cloth, paper, cardboard and similar stickers, or decals around or on surfaces exterior to the Premises. 3. Freestanding. 4. Moving or flashing. 5. Noise producing. 6. Exposed lamps / neon. 7. Exposed fastenings or manufacturer's/underwriter's labels. D. Acceptable primary storefront sign types: Page 18 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 Dimensional metal, glass, or other material w/ a permanent appearance, illuminated. 2. Reverse channel letters w/ halo illumination, opaque letter -sides and faces and non reflective background. 3. Incised signing cast into or carved out of an opaque material illuminated. Page 19 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 IX. STORE IDENTIFICATION SIGN A. Store Name 1. The wording of the sign is limited to the tenant's trade name (DBA) and logo. Tag lines (regardless of DBA) and signs advertising products, services, vendors, or containing marketing phrases are strictly prohibited. B. Illumination 1. Internally illuminated signs are required. Metal letters, backlit (halo effect), with white light, must project from an opaque background (not permitted on mirror or reflective fascia). 2. Non -illuminated signs are not permitted. 3. Neon is not permitted. C. Allowable Size of Signs 1. In all cases, the Tenant's storefront sign shall meet all jurisdictional compliances. D. Sign Postage 1, No part of lettering or insignia shall be less than 3'-0" above the floor of the property, nor less than 1'-0" from the top of the tenant's storefront, nor less than 1'-0" from the edge of a storefront divider (neutral frame). No part of any sign shall extend beyond 5" of the property lease line. E. Window Graphics 1. Decal -type lettering and/or logos may be applied to the interior face of storefront glass as safety markings (not to exceed 4"in height). Credit Card decals and store hours may be applied to the inside of the storefront glass (letter height of store hours shall not exceed 1" in height) Page 20 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 611.111111L IMIIAI X. FOOD tJSE DESIGN GUIDELINES - A. FLOORING 1. Flooring to be quarry tile, porcelain, ceramic or stone flooring with a continuous e lastomeric membrane, continuing 6" minimum up the wall surface in the entire fro nt service area. 2. Tenant must provide a waterproof protective membrane turned up to a 12" base height throughout entire space. A water flood test of each tenant will be required and verified by Property Manager. B. WALLS 1. A back wall must separate the service area from the prep area. These walls must p revent views into the prep area, either by a self -closing door, or by a staggered "bl ind" wall. 2. All grout shall be sealed in areas of moisture or grease producing equipment. 3. All wall materials shall be washable and non -porous (i.e. epoxy, paint, ceramic til e, stainless steel). Drywall is not permitted. C. NATURAL GAS 1. Gas service existing on 7`h floor is "as -is". If the service size is inadequate for the tenant connected gas load, it is the tenantlJs responsibility to change out the gas ris er accordingly. 2. Tenant shall coordinate with the Landlord for distribution piping from Landlord's point of service to Leased Premises at the sole cost of the Tenant. 3. Tenant shall coordinate with local utility in obtaining a gas meter for gas usage. 4. Tenant responsible for pressure testing gas piping from meter to the equipment ser ved.. 5. Tenant responsible for any gas booster pumps or pressure reducing devices based on the equipment served. Landlord is not responsible for providing the proper gas pressure to the demised premises. Tenant to determine available gas pressure from the utility company and increase or decrease pressure accordingly. Page 21 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 6. The extension of all gas piping to any Tenant equipment, including cooking appli ances, shall be the Tenant's work. D. PLUMBING 1. Any sanitary, waste, vent, hot or cold water pipe(s) required shall be by Tenant. E. ELECTRICAL 1. Tenant shall coordinate with the Landlord for distribution piping from the Landlor d's point of service to the Leased Premises at the sole cost of the Tenant. F. KITCHEN HOOD SUPPRESSION SYSTEM 1. Tenant shall ensure that the Kitchen Extinguishing System meets all local jurisdic tional codes. G. KITCHEN EXHAUST 1. Tenant to furnish and install all shafts, kitchen exhaust (including pollution contro 1 units equal to Gaylord RSPC-TPF Series) and make up air systems as required. Shaft locations to be approved by Landlord and shall not be within rentable space of other tenant spaces. 2. Tenant will be required to use Landlord roofing contractor for all roof penetration. s. 3. Kitchen exhaust shall comply with all local, state and federal code/guidelines and requirements. 4. Kitchen grease ducts shall be designed for the type of cooking appliance and hood served including but not limited to duct material, duct joints, seams, clean outs, s upports, enclosures and penetrations. Kitchen grease shall comply with all local, s tate and federal code/guidelines and requirements. Ducts exposed to outside atmosphere or subject to a corrosive environment shall be protected and shall comply with all local, state and federal code/guidelines and requirements. Page 22 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 1. NOISE DESIGN G A. GENERAL 1. Establishments that play music must limit the level of unreasonable or disturbing noise that escapes into the streets or is heard by nearby businesses or residences. 2. The sound levels must not exceed the requirements set by the local governing juri sdictional authorities as well as state and federal authorities. 3. Tenant is responsible to design sound resistant enclosures to suppress generated n oise and provide a satisfactory degree of acoustical isolation for adjacent occupied spaces. 4. Tenant to provide an acoustical report including treatments required which includ es the anticipated sound levels in adjoining spaces for Landlord approval. Tenant t o demonstrate that these measures have been included in the design drawings. B. MECHANICAL AND ELECTRICAL ITEMS 1. Properly locate, detail, and caulk or insulate penetrations of the sound resistant en closure by electrical boxes, lights fixtures, air conditioning or ventilating ducts an d grills, and other mechanical and electrical components to suppress generated not se. 2. Evaluate equipment and rooms for noise problems and design for additional soun d attenuation to prevent leakage of sound. Page 23 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 A. Tenant shall indicate on plans any ceiling drops, soffits, heavy decorative chandeliers or other items that would substantially increase the roof framing loads. 1. Additional steel framing will be required by the Tenant, and most strictly adhere to the approved plans reviewed by Landlord's structural engineer. B. Tenant shall suspend all walls, ceiling structure, sprinkler lines, etc., from the top chord of the bar joist or over panel points at the bottom of the chord. C. Tenant shall not suspend structural items, ductwork, conduit, etc., from the metal ceiling grid or from the ceiling deck. D. Tenant shall not penetrate the roof deck to provide structural support for walls or other equipment. E. The exact location of floor safes must be indicated on the Tenant's plan along with weight and dimensions. Upon review by Landlord's structural engineer, any additional support deemed necessary shall be provided by the Tenant as required. F. Should an expansion joint occur in the Premises, Tenant is responsible for the construction ceiling, walls, storefront, etc., in a manner consistent with acceptable construction practices. G. Structural columns shall have a 1-hour fire rating to the deck above. H. Mezzanines, platforms and/or double deck stock areas must be supported independently of Landlords structure and be adequately detailed and in plan with necessary structural sections to be reviewed by Landlord's structural engineer, along with design load calculations. Page 24 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 A. GENERAL 1. Tenant's drawings are to clearly show ALL modifications to existing installation that are required to accommodate Tenant improvements. 2. Tenant's HVAC drawings shall be prepared and stamped by a professional engineer. 3. Unless already existing and in compliance with Landlord's requirements. Tenant is required to install, upgrade and/or furnish any and all equipment, ductwork, etc for Tenant's HVAC service installation. 4. The design, materials and installation shall conform to the best current practice in the respective trades and shall be consistent with good engineering practice, manufacturer's recommendations, industry technical references and standards. 5. Any modification or upgrade of existing base building services or construction must receive the prior written approval from the Landlord, prior to drawing submission. Upgrades shall be subject to building capacity and access availability. 6. The Landlord will operate the central cooling system during normal published business hours. No provisions are available from the Landlord system for 24-hour cooling or heating. Process equipment (for example; refrigerator and freezer condensers) shall not be connected to the Landlord's system. 7. Supplemental HVAC equipment shall not be installed without Landlord's separate written approval. Landlord comments or lack of comments on Tenant's drawings shall not be constructed as written approval. If approved, the use of supplemental equipment will be limited to merchandising needs that require 24-hour operation. Humidity control beyond that available from the Landlord system of where Tenant's heat gains are in excess of the capacity allocation and upgrades to the central system is not available. Supplemental equipment shall be provided by the Tenant, at the Tenant's expense, where it is approved. S. Any unused HVAC equipment, ductwork, piping wiring, etc within or serving the demised premises must be removed. 9. Design of cooling and Landlord provided services in base building shall not be exceeded by the amounts provided in the lease. B. STRUCTURE Page 25 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 1. Tenant shall not drill, screw, weld or shoot into Landlord's structure or structural members. All attachments shall be with beam clamps, clips or bolts with washers. Joists, beams, trusses and girders may be used for lateral bracing and spanning support. Do not support any construction from Landlord's cross bracing or bridging. 2. Roof openings greater than 12" on any side shall have a steel angle frame below the roof, clamped to the structure to support the deck opening. 3. Tenant's equipment shall not transmit vibration to the building. Provide vibration isolators. C. VAV THERMAL UNITS 1. Contract documents shall describe the minimum performance parameters, refurbishing specifications and establish a verification procedure, including a report to be submitted to the Landlord after work has been completed. 2. Minimum outdoor air requirement for retail occupancies are provided through the Landlord chilled air system. 3. Electric heating coils may be installed for use in spaces with heat loss during occupied hours or to provide morning warm-up for spaces where required. Reheat coils shall not be utilized for sub -zoning. Electric heaters shall be three phase. 4. Provide specifications for VAV boxes on the contract documents. Include manufacturer data, control specifications, minimum and maximum set points, fan set point and heating coil information (where applicable) Minimum primary air set point shall be zero CFM unless otherwise directed by the Landlord. Maximum primary air set point shall be scheduled as the quantity required to offset the spaces' sensible load shown in the heat gain calculations. 5. Indicate column line designations on HVAC plan. D. CEILING ACCESS 1. Adequate access for periodic inspection, service and replacement consisting of access door or panel and platforms or cat walks (if required), shall be provided for all equipment and components such as valves. Cleanouts, dampers, control devices, etc. This requirement applies to both Tenant and Landlord systems within the space or requiring access through a Tenant space. 2. Access doors and panels shall be a minimum of 24" x 24" and shall be hinged or latched. Nailed or screwed attachment is not permitted. Page 26 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 3. Knockout panels, removable ceilings or wall sections shall be provided for removal! replacement of equipment larger than will fit through the minimum 24" x 24" access size. E. AIR DISTRIBUTION 1. All ductwork shall be galvanized sheet -metal designed, shop fabricated and installed to SMACNA standards. Duct board is not permitted. 2. No flexible ductwork may be utilized upstream of the VAV box. 3. Ductwork shall be configured to provide a minimum of four equivalent diameters of straight run directly upstream of the VAV box inlet. 4. Tenant's system shall not exceed 0.7" WC total static pressure, including connection to main duct, ductwork upstream and downstream of VAV terminal, VAV terminal itself, electric heater and diffusers. 5. All supply air ductwork shall be externally insulated with 1-1/2" thick foil face insulation. 6. Internally lined ductwork may be used for acoustic purposes only, NOT as a substitute for external insulation. 7. Externally insulated flexible duct, not to exceed 5'-0" in length, may only be used for connection to supply diffusers. Flex duct shall be properly supported and fastened to metal duct and diffuser with mechanically tightened draw bands. 8. Install volume/ control dampers on each duct to a diffuser. 9. The heat gain from enclosed display windows must be ventilated. F. RETURN AIR 1. An open ceiling plenum return air system is permitted if allowed by Local, State, and Federal jurisdictional codes. Ducted return system is required for food use Tenants and other odor producing Tenants or as determined by Landlord. 2. Where no ceilings are installed, transfer ducts with a free area equivalent to the required openings must be provided between demising walls to maintain the integrity of the return air system. A return register shall be provided in the transfer duct for Tenant's return air. G. TOILET EXHAUST 1. Tenant shall use central toilet exhaust duct where one exists. Exhaust systems requiring continuous operation or exhaust requirements in excess of 50 CFM must Page 27 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 be provided entirely by the Tenant and routed independently to the building exterior. Where the Landlord central toilet exhaust duct does not exist tenant shall discharge directly to roof. Locate roof penetration a minimum of 10' from any existing outdoor air intakes or designated equipment locations. Gooseneck type exhaust discharge is prohibited. All roof work associated with exhaust system shall be performed by Landlord's designated roofer at Tenant's expense. 2. Tenant shall provide a ceiling exhaust fan, with a back draft damper sized to overcome the resistance of Tenant installed components and all ductwork. Minimum duct size shall be 6" diameter. 3. The toilet room light switch (with delay time if included) shall control the fan to provide intermittent operation. H. AIR BALANCE 1. Tenant's drawings must incorporate outdoor/ exhaust air balance summary calculations into their design drawings. 2. Tenant must employ an air balancing firm designated by the Landlord. Provide a certified air balance report to the Landlord when construction has been completed. HVAC CONTROLS 1. The Tenant is responsible for providing a temperature control system utilizing Landlord specification components that have the capability to interface with the Landlord energy management system where one exists. 2. VAV Terminal shall be normally open to accommodate Landlord's smoke pressurization sequences where such a system exists. Page 28 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 kinXIS. FIRE PROTECTION A. GENERAL 1. Tenant's drawings are to clearly show ALL modifications to existing installation that are required to accommodate Tenant improvements. 2. Tenant's fire protection drawings shall be prepared and stamped by a certified sprinkler designer. 3. Unless already existing and in compliance with Landlord's requirements, Tenant is required to install, upgrade and/ or furnish any and all equipment, piping, etc for Tenant's sprinkler installation, including services. 4. The design, materials and installation shall conform to the best current practice in the respective trades and shall be consistent with good engineering practice, manufacturer's recommendations, industry technical references and standards. 5. Any modification or upgrade of existing base building services of construction must receive the prior written approval from the Landlord, prior to drawing submission. Upgrades shall be subject to building capacity and access availability. 6. Fire protection water is supplied at the pressure available from the utility minus piping pressure losses to the point of connection. Tenants shall design their piping system to accommodate the existing available pressure. 7. Only one connection to the Landlord's fire protection main is permitted and shall only provide coverage for the Tenant's demised premises. 8. Any unused fire protection equipment, piping, etc within the demised premises must be removed. 9. Reuse of all or part of existing equipment is subject to the field verification of the capacity and condition of the components. Contract documents shall provide minimum performance parameters, refurbishing specifications and establish a verification procedure, including a mandatory written report. This report shall detail inspection and service to be performed, repair reporting procedures, additional recommendations and performance test results. Copies of field verification report shall be submitted to the Landlord to validate reuse. 10. All shutdowns must be scheduled with Landlord Representative. 11. Fire protection system shall be charged and operable when contractor's not on site. 12. Sprinkler heads shall be quick response. Page 29 Thor Wynwood Walk Owner, LLC Miami, FL 33127 KV PLUMBING A. GENERAL pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 1. Tenant's drawings are to clearly show ALL modifications to existing installation that are required to accommodate Tenant improvements. 2. Tenant's plumbing drawings shall be prepared and stamped by a Professional Engineer. 3. Unless already existing and in compliance with Landlord's requirements, Tenant is required to install, upgrade and/ or furnish any and all equipment, piping, etc. for Tenant's plumbing installation, including services. 4. The design, materials and installation shall conform to the best current practice in the respective trades and shall be consistent with good engineering practice, manufacturer's recommendations, industry technical references and standards. 5. Any modification or upgrade of existing base building services of construction must receive the prior written approval from the Landlord, prior to drawing submission. Upgrades shall be subject to building capacity and access availability. 6. Tenant may or may not be a customer of the Utility Company; however the design should be executed as if Tenant was acquiring water and sewer directly from the Utility Company. Only one connection to the Landlord's plumbing system is permitted. 7. Domestic water is supplied at the pressure available from the utility minus piping pressure losses to the point of connection. Tenant's requiring specific pressures should test the available pressure and install regulators or booster pump systems to meet their needs. 8. Tenant's shall connect to vent header if existing, or extend vents thru roof. All roofing work must be Landlord's roofer at Tenant's expense. 9. Tenant shall provide sanitary/ vent riser diagrams and water piping riser diagram on design drawings. 10. Any unused plumbing equipment, piping, etc. within or serving the demised premises must be removed. Page 30 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .. recommonclotion or el fine Moon PZ-20-6099 12/07/20 B. PIPING MATERIALS 1. Below ground waste and vent shall be service -weight cast iron or schedule 40 PVC. All no -hub connections shall be with cast iron couplings including tie in to the Landlord main. Stainless steel band no -hub connections are not permitted below ground. 2. Above ground waste and vent shall be service -weight cast iron. Above ground vent shall be cast iron or schedule 40 galvanized steel. PVC piping is not permitted above ground. 3. Below ground water shall be type "K" (soft) copper with no joints below ground. 4. Above ground water shall be type "L" copper. C. LOCATION OF PIPING 1. All plumbing equipment shall be properly suspended from Landlord's structure. All floor mounted equipment (water heaters, etc.) shall impose a floor load no greater than 75 psf. 2. No sanitary, vent, water or gas piping will be permitted within the demising walls. 3. Hinged access doors must be installed to provide access to all plumbing equipment including but no limited to; valves, cleanouts, meters and indirectly connected piping or as designated by Landlord. D. PIPING COMPONENTS 1. Tenant's connection to Landlord's cold water main is to include a service isolation valve. 2. Any and all piping not reused, within the demised premises must be removed. 3. Insulate all hot water, cold water and condensate drain piping. 4. Tenants shall provide at least one, full size, cleanout in toilet and kitchen areas. Cleanout may be wall or floor type, but must me accessible from within Tenant's space. 5. One floor drain must be installed in toilet rooms and other locations that may be exposed to liquors such as food service areas. 6. All floor drains must have trap primers. Page 31 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 7. Interceptors and separators shall be provided to prevent the discharge of oil, grease, hair, coffee granules and other substances harmful to the building's drainage system. E. WATER HEATERS 1. Storage type water heaters shall be installed with relief valves and drain pans discharging to a floor drain. 2. Instantaneous water heaters are only acceptable if they do not substantially impact the Tenant's electrical service. 3. All water heaters 3KW and larger shall be 3 phase. 4. Shock absorbers, thermal expansion tanks, and vacuum breakers shall be provided in accordance with good engineering practices. 5. Natural gas water heaters are not permitted except where written approval from Landlord has been granted prior to drawing submission. F. GAS SERVICE 1. Tenant is responsible for verifying available capacity, pressure, service connection and meter installation with the Landlord and the local utility. 2. Gas meter is by tenant at tenant's expense, install per utility company requirements. 3. All piping above the roof shall be finished with a rust inhibitive primer. All gas piping shall have identification labels. 4. Roof mounted piping shall be installed on free floating, prefabricated supports similar to Miro model 24-R on walkway tread pads. Remove ballast (stones) from beneath any roof support. The use of wood for supports is prohibited. 5. All roof penetrations shall be made through a pre -molded flashing, specifically manufactured for the malt's roofing system, with a UV -stable neoprene or EPDM boot that conforms to the size of the pipe. Flexible piping or conduit shall not pass through roof penetrations or flashings G. DOMESTIC WATER 1. Tenant is responsible for verifying available capacity, pressure, service connection and meter installation with Landlord and the local utility. Page 32 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic 9 Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 2. Where Tenant is not a customer of the utility company, all Food Tenants and other heavy water users shall provide a double cheek valve assembly and a Rockwell or equal utility grade water meter with both directly read and remote reader. 3. Metering assembly to be properly located and adequately supported to allow for easy reading, maintenance, repair and replacement. 4. The meter and checks shall be accessible for maintenance and reading without removing the device from the line. Page 33 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic 9 Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 XV I. ELE A. GENERAL 1. Tenant's drawings are to clearly show ALL modifications to existing installation that are required to accommodate Tenant improvements. 2. Tenant's electrical drawings shall be prepared and stamped by a Professional Engineer. 3. Unless already existing and in compliance with Landlord's requirements, Tenant is required to install, upgrade and/ or furnish any and all equipment, conduit, wiring etc. for Tenant's electrical installation, including service. 4. The design materials and installation shall conform to the best current practice in the respective trades and shall be consistent with good engineering practice, manufacturer's recommendations, industry technical references and standards. 5. Any modification or upgrade of existing base building services or construction must receive the prior written approval from the Landlord, prior to drawing submission. Upgrades shall be subject to building capacity and access availability. 6. Tenant may or may not be a customer of the utility company; however the design should be executed as if Tenant was acquiring power directly from the utility company. Only one connection to the Landlord's power distribution system is permitted. 7. Temporary power will not be provided. Tenant contractor must install permanent feeder conductors from the Landlord's service distribution point immediately for uses as the source of light and power during construction. 8. All unused electrical equipment, conduit, and wiring within the demised premises must be removed. B. ELECTRICAL PANELS 1. Landlord will not consider permitting the reuse of existing electrical panel(s) until a report on the capacity and condition of the existing equipment by a company employing full time certified electrical service specialists has been submitted by the Tenant to the Landlord in writing. This report shall include test data used in confirming the equipment's capabilities and shall be signed by the Tenant's electrical engineer, indicating they have reviewed the information and find it accurate and the equipment suitable for reuse. Page 34 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 2. Tenant shall provide detailed service sizing calculation on their drawings by filling out forum in the manual or other similar summary form. All calculations shall be per NEC. 3. Tenant shall provide a detailed one line diagram, depicting all existing conditions and new work to be performed. Diagram is to include the Landlord's distribution equipment, metering (where utility metered), means to disconnect the service and over current protection. Coordinate metering requirements, location of service, access to service, location of service disconnect and type of over current protection (fused is preferred) including fault current data with existing conditions, local code authorities and the local utility company. Tenant's engineer shall specify appropriate AIC rating for Tenant equipment. 4. Tenant shall provide a main disconnect means with the leased space in addition to any required by code or the utility company at service entry point. 5. Circuit breakers shall be bolt action, not plug in type. 6. Switching duty breakers on all devices used for turning loads on/off. 7. Tenant shall have breaker locks on control and time dock circuits. 8. 24-Hour/ 7-Day Time Clock is required to control storefront entry lights, show window lights, show window receptacles and signage. 9. Electrical devices, time- clocks, panels, cabinets, etc. shall be mounted on a plywood backer- board. C. GROUNDING 1. Grounding must be to building steel with exothermic weld or split bolt connection. Do not ground to cold water pipe. D. TRANSFOMERS 1. All transformers shall be 3 phase. Single phase transformers are not permitted. 2. 30 KVA and smaller transformer may be suspended from Landlord's roof structure. 3. Mount transformer on vibration isolators. E. CONDUIT AND WIRING 1. All wiring must be in conduit, concealed wherever possible. Page 35 Thor Wynwood Walk Owner, LLC Miami, FL 33127 C of aring Karol Code The applicable dec.. pubic reccrnmenclotion or el fine Moon PZ-20-6099 12/07/20 2. Flexible conduit shall be MC only. 3. Flexible conduit is not permitted within demising walls. 4. Exposed conduit shall be installed in straight lines, parallel with or at right angles to the building structure. Do not loop excess flexible conduit in ceiling space. 5. Wire shall be copper THHN or THWN with insulation F. HVAC WIRING 1. Tenant shall provide a main disconnecting means at each HVAC unit. 2. Rooftop units and exhaust fans are to be wired within their roof curbs if so designed, or utilize factory fabricated roof piping curbs. Pitch pockets are not permitted. 3. A 110V, duplex outlet shall be installed within reach of the HVAC unit G. SERVICE ACCESS 1. All electrical work shall be installed so as to be readily accessible for operating, servicing, maintaining and repairing. H. FLOURESCENT LIGHTING 1. Exposed fluorescent tubes or fixtures with paracube, or prismatic lenses are not permitted in public areas. 2. Ballasts shall be high power factor, electronic with CBM or ETL label and have a THD of + 20%. XVII. SPECIALTY TENANTS Page 36 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 A. ODOR PRODUCING TENANTS 1. Tenants with internally generated odors or other contaminates shall include all Food Service Tenants, Nail Salons, Hair Salons, Pet Shops, Photo Processors, and others if determined by the Landlord, shall be required to install and maintain an exhaust air system sized for 50 CFM per square foot of storefront opening. 2. At the sole discretion of the Landlord, the exhaust air system may be reduced to 25 CFM/ square foot of storefront opening when a "buffer of at least 10 feet has been provided between any odor producing element within the tenant space and the storefront opening. This buffer may be retail displays, reception counters or other similar permanent elements. 3. Exhaust calculation for odor producing tenants: Storefront opening (ft2) x CFM/ ft2 = CFM 4. Replacement (make up) air shall be drawn from the property common area for exhaust systems up to 2500 SCFM and from dedicated makeup air units for larger exhaust capacities. Total replacement air through makeup air units and outside air through the air conditioning unit shall be a minimum of 10% less than the exhaust air quantity. 5. Tenant shall install an indicator pilot lamp 12" above thermostat for the purpose of verifying exhaust fan operation. 6. Odor exhaust and makeup air fan operation shall be continuous during occupied hours. B. REPLACEMENT AIR (MAKEUP) 1. The makeup air shall be heated and air conditioned when introduced into public areas. In no -public areas, the makeup air shall be heated to a minimum of 45 degrees F. 2. Replacement air units shall be installed on full perimeter curbs, similar to packaged RTU's. 3. Interior makeup air ductwork shall be wrapped with 1-1/2" thick foil faced, fiberglass insulation. 4. All supply air diffusers within 10'-0" of any hood shall be adjusted or designed to blow air away from the hood. Page 37 Thor Wynwood Walk Owner, LLC Miami, FL 33127 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 C. SANITARY WASTE SYSTEMS 1. Grease interceptors, lint traps and solids interceptors shall be installed on any plumbing fixtures that have the potential of introducing grease, lint, hair, etc. into the building sanitary system. 2. Tenants shall not dispose of any hazardous chemicals into the building sanitary system. Photo Processing Tenants, if necessary, shall install an approved system for silver recovery. 3. Locate all interceptors to allow adequate access for cleaning and maintenance. Page 38 Thor Wynwood Walk Owner, LLC Miami, FL 33127 C of pubicaring Karol Code The applicable dec.. 9d PZ-20-6099 12/07/20 EXHIBIT E Guaranty LANDLORD: THOR WYNWOOD WALK JV LLC DATE: 0 (Ybba t , 2019 TENANT: BOTTLED BLONDE MIAMI LLC BUILDING: 239 NW 28 Street, Miami, Florida THIS GUARANTY, dated as of the date set forth above made by the undersigned, having an address located at 5830 E Caballo Dr., Paradise Valley, Arizona 85018 ("Guarantor"), for the benefit of the Landlord set forth above, having an office at c/o Thor Equities LLC, 25 West 39th Street, 2"d Floor, New York, New York 10018, Attention: General Counsel. WHEREAS, Guarantor represents and warrants to Landlord that Guarantor or Guarantor's affiliate which is directly or indirectly controlled by Guarantor, owns one hundred percent (100%) of the equity in Tenant; WHEREAS, Guarantor has requested that Landlord grant Tenant a lease (the "Lease") for certain premises (thc "Premises") in the building located at the street address referred to above (the "Building") all as more particularly set forth in the Lease; WHEREAS, Guarantor will receive economic benefits by virtue of the Lease from the business Tenant will be conducting at the Premises; and WHEREAS, Landlord is unwilling to enter into the Lease unless the Guarantor enters into this Guaranty. NOW, THEREFORE, to induce Landlord to enter into the Lease with Tenant, and for other good and valuable consideration, each to the other in hand paid, the receipt and sufficiency of which being hereby acknowledged, and in consideration of the premises, Guarantor for itself and its successors and assigns, covenants and agrees as follows: 1. All capitalized terms not otherwise defined in this Guaranty shall have the same meaning that they have in the Lease. 2. a. Through and including the fifth (5th) anniversary of the Rent Commencement Date of the Lease, Guarantor, for itself and its successors and assigns, absolutely, irrevocably and unconditionally guarantees to Landlord, its successors and assigns, (i) the full and faithful payment and performance and observance of all obligations to be performed and observed by Tenant under the Lease, including, without limitation, the prompt and punctual payment of all E-1 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 Fixed Rent, Percentage Rent, Tenant's Tax Payment, Tenant's Insurance Payment, Additional Rent and other sums payable under the Lease, including, without limitation, reasonable costs of collection and enforcement (including reasonable legal fees and disbursements) with the same force and effect as if Guarantor had been signatory to the Lease, jointly and severally liable thereunder with Tenant and (ii) the payment to Landlord of any and all damages arising from the rejection of the Lease in a bankruptcy or insolvency proceeding. b. In addition to the foregoing, Guarantor, on behalf of itself and its successors and assigns, does hereby unconditionally guaranty to Landlord and to Landlord's successors and assigns, full and timely payment, performance and observance of, and compliance with, all of Tenant's obligations under the Lease, including, without limitation, the full and prompt payment of all Fixed Rent, Percentage Rent, Tenant's Tax Payment, Tenant's Insurance Payment, Additional Rent and all other charges and sums due and payable by Tenant under the Lease (including, without limitation, Landlord's reasonable attorneys' fees and disbursements) (collectively, the "Obligations") through and including the date that Tenant and its assigns, sublessees and licensees, if any, shall have (i) tendered vacant possession of the Premises to Landlord in the condition required pursuant to the terms of the Lease, (ii) delivered the keys to the Premises to Landlord and (iii) either provided Landlord with not less than thirty (30) days' prior written notice, in the manner provided in this Guaranty, of Tenant's intention to tender vacant possession of the Premises to Landlord or, in lieu of such notice, paid Landlord an amount equal to the Fixed Rent, Percentage Rent, Tenant's Tax Payment, Tenant's Insurance Payment, Additional Rent and any other charges and sums due and payable by Tenant under the Lease that would have accrued and be payable by Tenant to Landlord under the Lease during such thirty (30) day period (the date on which the last to occur of (i), (ii) and (iii) shall be deemed to be the "Final Obligation Date"). Notwithstanding anything to the contrary contained herein, in no event shall the Final Obligation Date occur prior to the date which is thirty (30) days following the fifth (5th) anniversary of the Rent Commencement Date. On or before the expiration of the Final Obligation Date, Guarantor shall pay, or shall cause Tenant to pay, to Landlord all Fixed Rent, Percentage Rent, Tenant's Tax Payment, Tenant's Insurance Payment, Additional Rent and all other charges and sums due and payable by Tenant under the Lease up to and including the Final Obligation Date (but specifically excluding any accelerated Fixed Rent, Percentage Rent, Tenant's Tax Payment, Tenant's Insurance Payment, Additional Rent and all other charges and sums due and payable by Tenant under the Lease). Guarantor waives any notice of nonpayment, non-performance, non -observance or non-compliance, or proof, notice or demand whereby to charge Guarantor. Guarantor shall remain obligated for any Obligations that have accrued on or before the Final Obligation Date, but which become due and payable thereafter, and shall pay same to Landlord upon demand thereof. Guarantor's obligation in the immediately preceding sentence shall survive expiration or earlier termination hereof. Guarantor hereby further expressly covenants and agrees that its obligations hereunder shall in no way be terminated or otherwise affected or impaired by reason of any assertion by Landlord against Tenant of any of the rights or remedies available to Landlord pursuant to the Lease or allowed at law or in equity. c. Subject to the limitations contained in this Guaranty, the guaranteed obligations shall include, without limitation, Fixed Rent, Percentage Rent, Tenant's Tax Payment, Tenant's Insurance Payment and Additional Rent, claims in any bankruptcy or E-2 983004.1 pKarol Code The applicable dec.. ubic ofng PZ-20-6099 12/07/20 insolvency proceeding, late charges, interest, reasonable costs of collection and enforcement (including reasonable attorneys' fees and disbursements) and damages for any failure by Tenant to pay or perform any of its obligations under the Lease or otherwise d. The guaranteed obligations shall include, without limitation, Fixed Rent, Percentage Rent, Tenant's Tax Payment, Tenant's Insurance Payment and Additional Rent, claims in any bankruptcy or insolvency proceeding, late charges, interest, reasonable costs of collection and enforcement (including reasonable legal fees and disbursements) and damages for any failure by Tenant to pay or perform any of its obligations under the Lease or otherwise. e. The term "Tenant" means all persons or entities at any time holding the tenant's interest in the Lease, including, without limitation, the Tenant named in the Lease, its successors and assigns, a trustee of a Tenant's estate in any bankruptcy or insolvency proceeding, an assignee or Tenant's interest in the Lease by assignment pursuant to any bankruptcy or insolvency laws, and their respective successors and permitted assigns, notwithstanding that the Tenant named in the Lease may no longer be in possession and that Landlord may not have consented to such assignment. 3. a. The validity and enforceability of this Guaranty and the obligations of the Guarantor hereunder shall not terminate and shall not be affected or impaired by reason of the invalidity or unenforceability of the Lease or any provision thereof, any offsets or defenses of Tenant, the commnencement or continuation of any bankruptcy or insolvency action or proceeding or the granting of relief thereunder, including, without limitation, the granting of any stay or limitation on the collection of rent or other rights and remedies of Landlord, the rejection of the Lease by a trustee in a bankruptcy or insolvency proceeding, the assertion by Landlord against Tenant (or Landlord's failure, waiver or delay in asserting) of any of the rights or remedies reserved to Landlord pursuant to the provisions of the Lease, or allowed at law or in equity. b. Without limiting the generality of the foregoing, the obligations of Guarantor under this Guaranty shall not be affected or impaired by (i) the release or discharge of Tenant in bankruptcy or other insolvency proceeding, (ii) the impairment, limitation or modification of Tenant's liability or estate, or of any remedy for the enforcement of Tenant's obligations under the Lease, in any bankruptcy or other insolvency proceeding or by the operation of any present or future provisions of bankruptcy laws or other statues or decisions of any court, (iii) the rejection of the Lease, or the assignment, transfer or assumption of the Lease, by Tenant or any trustee in bankruptcy or other insolvency proceeding, (iv) any disability or other defense of Tenant, or (v) the cessation from any cause whatsoever of the liability of Tenant under the Lease. c. Guarantor hereby agrees its liability hereunder shall be unaffected by (i) any amendment or modification of the provisions of the Lease or any other instrument made to or with Landlord by Tenant, (ii) an extension of time for performance required thereby, (iii) any sale or other disposition of the Building or any part thereof, (iv) exculpatory provisions, if any, in the Lease or any other instrument made to or with Landlord by Tenant limiting Landlord's recourse to any particular property or to any other security, (v) the release of Tenant or any other person or entity from performance or observance of any of the agreements, terms or conditions contained in any of said instruments by operation of law, whether made with or without notice to E-3 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 Guarantor, (vi) the release of any other guarantor from any obligation or liability hereunder, or (vii) Landlord's failure to perfect, protect, secure or insure any security interest or lien given as security for Tenant's obligations under the Lease. d. Other than the performance in full by Tenant of its obligations under the Lease, it is understood and agreed that Guarantor shall not be released by any act or thing that might, but for this provision of this instrument, be deemed a legal or equitable discharge of a surety or a guarantor, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of Landlord or its failure to proceed promptly or otherwise, or by reason of any action taken or omitted or circumstance that may or might vary the risk or affect the rights or remedies of Guarantor or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense of its liability hereunder based upon any of the foregoing acts, omission, things, agreements, waivers or any of them and hereby expressly waives and relinquishes all other rights and remedies accorded by applicable law to guarantors and sureties; it being the purpose and intent of the parties hereto that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. 4. This Guaranty shall extend and apply to, and shall remain in force and effect as to the obligations described above as well as all obligations of Tenant under any and all modifications, extensions and renewals of the Lease or any such lease of other space, any assignment, subletting or holding over by Tenant, without any notice to or the consent of Guarantor, which right to notice and to consent Guarantor hereby waives. 5. Landlord may, at its option proceed against Guarantor without having commenced any action against or having exhausted any remedy or claim or having obtained any judgment against Tenant. 6. Guarantor shall pay all of Landlord's reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) in enforcing this Guaranty. 7. Guarantor waives trial by jury in any action or proceeding brought by either Landlord or Guarantor relating to the Lease or this Guaranty and waive the benefit of any statute of limitations affecting Guarantor's liability under this Guaranty. Guarantor will be conclusively bound by any judgment rendered in any action or proceeding by Landlord against Tenant (wherever brought) as if Guarantor was a party thereto, even if not joined as a party in such action or proceeding. 8. This Guaranty is, and shall be deemed to have been made in the State of Florida. Guarantor consents to the jurisdiction of the courts of the State of Florida, and the rights and liabilities of Landlord and the Guarantor shall be determined in accordance with the laws of the State of Florida; and no defense shall be interposed in any action or proceeding unless such defense is also given or allowed by the laws of the State of Florida. No delay on the part of Landlord in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any waiver of any rights or powers of Landlord or consent by Landlord be valid unless in writing duly executed by Landlord. Guarantor's agent, for purposes of service of process is John Gilbert, E-4 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 Esq. having an address at Radix Law, 15205 N. Kierland Blvd. Suite #200, Scottsdale, Arizona 85254. This Guaranty shall be binding upon the Guarantor and its respective successors and assigns and shall inure to the benefit of Landlord and Landlord's successors and assigns, may not be tenninated or modified, and no provision may be waived, except in a writing signed by the person sought to be charged. 9. Guarantor represents and warrants that he is solvent and will not be rendered insolvent by this Guaranty or the enforcement of Landlord's rights and remedies under this Guaranty. Guarantor represents and warrants that he directly or indirectly controls Tenant. 10. Except as otherwise specifically set forth in this Guaranty, Landlord shall not be required to provide Guarantor with notice of Tenant's nonpayment, nonperformance or nonobservance of any of its obligations guaranteed hereunder and the Guarantor waives the right to receive such notice. Guarantor further waives any right to require that resort be had to any security or other credit in favor of Tenant prior to enforcing Landlord's rights against Guarantor. 11. Guarantor represents and warrants that this Guaranty has been duly executed and delivered and constitutes such Guarantor's valid and binding agreement in accordance with its turns. 12. The undersigned agrees to submit to personal jurisdiction in the State of Florida in any action or proceeding arising out of this Guaranty. 13. No extension, modification or amendment of the Lease made after the Lease is assigned to an entity that is not an Affiliate of Guarantor or Tenant shall (i) be binding on Guarantor so as to increase any of his obligations or liabilities under the Lease, unless agreed to by Guarantor in writing, but such extension, modification or amendment shall in no event (ii) release or discharge any of the obligations of the Guarantor hereunder as to the Lease (other than with respect to such changes). 14. All notices, demands, elections and other communications desired or required to be delivered or given under this Guaranty shall be in writing, and shall be deemed to have been delivered and given when delivered by hand, or on the third business day after the same have been mailed by first class registered or certified mail, postage prepaid, or by overnight courier such as FedEx, enclosed in a securely sealed envelope addressed to the party to which the same is to be delivered or given, in all cases, at such party's address as set forth in this Guaranty or at such other address as said party shall have designated in writing in accordance with this paragraph. A copy of all notices sent to Landlord shall be sent to c/o Thor Equities LLC, 25 West 391h Street, 2id Floor, New York, New York 10018, Attention: General Counsel with additional copies by like means to Pryor Cashman LLP, 7 Times Square, New York, New York 10036-6569, Attention: Bradley A. Kaufman, Esq. A copy of all notices sent to Guarantor shall be sent to the address set forth above with an additional copy by like means to Tami Shreve, 7340 East Indian Plaza E-5 983004.1 pubic bearing Karol Code The applicable dec.. .A PZ-20-6099 12/07/20 Scottsdale AZ 85251. Any notices hereunder shall for all purposes be deemed to have been sent by Landlord or Tenant, as applicable, if sent by such respective party's attorney. 15. Unless and until all the covenants and conditions in the Lease on Tenant's part to be performed and observed are fully performed and observed, Guarantor: a. shall have no right of subrogation against Tenant by reason of any payments or acts of performance by Guarantor in compliance with the obligations of Guarantor hereunder; b. waives any right to enforce any remedy that Guarantor now or hereafter shall have against Tenant by reason of any payments or acts of performance by Guarantor in compliance with the obligations of Guarantor hereunder; and c. subordinates any liability or indebtedness of Tenant now or hereafter held by Guarantor to the obligations of Tenant to Landlord under the Lease. [Signature Page to Immediately Follow] E-6 983004.1 G 0 a. 4 P116L( NOTICE 2 0 IN WITNESS WHEREOF, the undersigned has executed and delivered the day and year first above written. 41•' � me: Les Corieri declaim -making` t9 Muni...The applicable i revkartbe nfornidon at the pub. bearing to render • reourninendgion or aline, der:boon PZ-20-6099 12/07/20 IEW STATE OF-05Qa0„ COUNTY OF (1paC-“^,,, I, the undersigned authority, a Notary Public in and for said county in said state, hereby certify that ! 2� � io , MCY1�Q , of �'oMrntt�o. t Yz�c1 �, L � , whose name is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he/she executed the same voluntarily on behalf ora0A0,_c) q on the day the same bears date. Given under my hand and official seal this the cFs day of()--K- , 2019. AFFIX SEAL My commission expires: }O IC2. I2.07-1 ASHLIE MAST Notary Public -Arizona j l Marlcopa County My Comm. Expires Oct 2,2011 Notary Public CzSack:fyyM-' E-7 983004.1 tt`Q NOTICE e�[ry m Warni Code The applKa ...pm ,e[e ny.bondera 90 PZ-20-6099 12/07/20 EXHIBIT F Contractor's Insurance Supplementing the terms and provisions of the Lease relating to Alterations, Tenant shall cause any Contractor (or, if applicable, Sub -Contractor) to comply with the following insurance requirements: 1 Contractor shall at its sole cost and expense procure and maintain insurance policies with the following minimum limits, coverages and terms as set forth herein (the "Policies"). a. Commercial General Liability (CGL) with a limit of not less than $1,000,000 General Aggregate Limit; $1,000,000 Products -Completed Operations Aggregate Limit; $1,000,000 Personal & Advertising Injury Limit; $1,000,000 Each Occurrence Limit; $50,000 Fire Damage Legal Limit; $5,000 Medical Expenses Limit. CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage). The CGL policy shall include (i) ISO Additional Insured Endorsement CG 20 37 10 01 or its equivalent, providing coverage for Landlord, Landlord's parent, any subsidiaries, Landlord's managing agent, Landlord's mortgagee and/or ground lessor and their respective officers, directors, employees, successors, assignors and any other party Landlord may designate (collectively referred to as "Landlord Parties") with respect to liability arising out of the ongoing operations of Contractor; (ii) ISO Additional Insured Endorsement CG 20 10 10 01 or its equivalent, providing coverage for Landlord Parties with respect to liability arising out of completed operations of the Contractor for a period of at least two (2) years following Landlord's final acceptance of Contractor's work; and (iii) a separate general aggregate limit for the Project. The CGL policy shall not have a 'third -party -action -over' exclusion. b. Business automobile liability insurance, including non -owned and hired automobile coverage, with a combined single limit of not less than $1,000,000. c. Statutory Workers' Compensation, Disability Benefits and employer's liability insurance covering all employees associated with the Project, with the following employers liability limits (or such limits as would satisfy the underlying insurance limits requirement of the umbrella liability insurance referred to in f. below): Bodily Injury by accident -$500,000 each accident; Bodily Injury by disease -$500,000 policy limit; Bodily Injury by disease - $500,000 each employee. Wherever permitted, the Workers Compensation policy shall include a Waiver of Our Right to Recover from Others endorsement WC 00 03 13. This endorsement will name the Landlord Parties. d. Property insurance on the Contractor's property, including but not limited to tools and equipment not intended to be incorporated into the project. e. Intentionally Omitted. f. Umbrella liability insurance with a limit of $5,000,000 in excess of the Contractor's liability insurance policies required in subsections a, b, and c above. g. If there is any change in Contractor's scope of work or any material change in the manner or risk of the work that Contractor is to perform, Contractor shall maintain such other, further and increased insurance as Landlord may reasonably require. 2. Each of the Policies shall be primary insurance, and not be contributing with, nor be in excess of, coverage that Landlord Parties may carry or may have available. All Policies shall be issued by an insurance F- 1 983004.1 pKarol Code The applicable dec.. ubic ofng recommonclotion or el fine Moon PZ-20-6099 12/07/20 company or companies licensed to do business in the State in which the work is being performed, and having a current A.M. Best rating of not less than "A, IX", or an equivalent rating issued by another nationally recognized insurer rating agency (such as S&P, Moody's, or Fitch Ratings.) 3. Each Policy shall contain a provision that it is not subject to change or cancellation unless thirty (30) days' prior written notice by certified mail, return receipt requested, shall have been given to the Landlord by the insurer. 4. Each Policy shall include waivers of subrogation. 5. All Policies purchased and maintained by Contractor (other than Workers' Compensation and Employers' Liability insurance and Professional Liability insurance) shall designate Landlord Parties as additional insureds. 6. With respect to Workers' Compensation, the Alternate Employer endorsement listing Landlord as alternate employer should be included. 7. Contractor shall provide Landlord with copies of all insurance certificates and applicable policy endorsements complying with the insurance requirements provided for herein before the Contractor begins work and from time to time thereafter as requested by Landlord. Landlord may require Contractor to provide complete copies of all insurance policies and/or policy endorsements of its Sub -Contractors. 8. Contractor shall be responsible for any delay or costs incurred by Landlord by reason of Contractor not providing the Landlord with Policies that are in compliance with the requirements of this Exhibit. 9. The provisions of this Exhibit are not intended to, and shall not, relieve or excuse Contractor from any of its other obligations hereunder, including its obligation to hold Landlord harmless in the manner and to the extent provided herein or provided by law. 10. With respect to any loss resulting: a. from property damage liability, bodily injury liability, personal and advertising injury liability, and/or medical payments (as these terms are generally understood in insurance policies then in effect covering automobile liability, commercial general liability, and/or workers compensation and employers liability), and/or, b. from or for damage to Contractors property, or to property under Contractors care, custody, or control (including any indirect or consequential loss arising from such property damage), which loss is covered by any insurance carried (or required to be carried) by or for the benefit of Contractor, Contractor (and any person and/or entity claiming through Contractor) hereby releases each of the Landlord Parties and waives any claim, based on negligence or otherwise, against the Landlord Parties. Any deductible and/or self - insured retention under such insurance shall be deemed to be insurance carried by or for the benefit of Contractor. 11. The Contractor shall require each Sub -Contractor it retains, either in the subcontract or otherwise by appropriate written agreement, to waive all rights of recovery against the Landlord Parties and the Contractor with respect to any loss resulting: a. from property damage liability, bodily injury liability, personal and advertising injury liability, and/or medical payments (as these terms are generally understood in insurance policies then in effect covering automobile liability, commercial general liability, and/or workers compensation and employers liability), and/or, b. from or for damage to Contractor's property, or to property under Contractor's care, custody, or control (including any indirect or consequential loss arising from such property damage), which loss is covered by any insurance carried (or required to be carried hereunder) by or for the benefit of Sub - Contractor, Sub -Contractor (and any person and/or entity claiming through Sub -Contractor) shall also release each of the Landlord Parties and the Contractor and waive any claim, based on negligence or otherwise, against the F-2 983004.t C of pubicaring Karol Code The applicable 9d recommonclotion or el fine dodo on PZ-20-6099 12/07/20 Landlord Parties and the Contractor. Any deductible and/or self -insured retention under such insurance shall be deemed to be insurance carried by or for the benefit of Sub -Contractor. 12. The Contractor shall assist and cooperate with the Landlord in every manner reasonably possible in connection with the adjustment of all claims for recovery under any insurance policy concerning the Project or the property where the Project is located. 13. Tenant and the Contractor hereby acknowledge and agree that operations, work and services performed and/or provided by Contractor are also performed for and provided to the Landlord Parties. If any of the Contractor's insurance policies requires that the Contractor must have a written agreement with the Landlord Parties to provide the Landlord Parties with the protection of the Contractor's insurance (such as, but not limited to, insured status for the Landlord Parties, waiver of insurers subrogation rights in favor of the Landlord Parties, and the Contractor's insurance applying on a 'primary and non-contributory' basis vis-a-vis the Landlord Parties) then, to the limited extent required by such insurance policies, this Exhibit shall be construed as a written agreement between the Contractor and each of the Landlord Parties. 14. If there is any conflict in the provisions contained in (or if any of such provisions are inconsistent with) this Lease; this Exhibit; any proposal, purchase order, sales order, or any other document that forms part of or is incorporated into the construction agreement by reference or inference; or any other document binding upon Contractor or Tenant, the more restrictive provisions and/or requirements and the higher standard, for the benefit of Landlord, as the case may be, shall prevail and be binding upon Contractor and Tenant. 15. Tenant shall cause any Contractor or Sub -Contractor performing any work in the Premises to include the requirements set forth in this Exhibit in any construction contract, and the Contractor shall execute a copy of this Exhibit (which shall thereupon be evidence of Contractor's or Sub -Contractor's agreement to the terms and provisions set forth herein); it being acknowledged that Landlord will rely upon such agreement and that Landlord shall be entitled to the benefits contained herein. Authorized Signatory of the Contractor Date Print Name: F-3 983004.1 Annex 2-1 Ch7 PZ-20-6099 12/07/20 983004.1 PLEASE TAKE DECISION icholas Bershero behalf of THOR 2800 NW 2 AVE, LLC, SE'ith Street, SOite'1100 m;FL 3313, randsco J. Garcia, Director Planning' and Zoning Department 1 Prepared.by;Joseph Eisenberg JEisenberg@miamigocom File N OTICE THAT'A FINALa7ECLSION HAS BEEN REACHED ON THE FOLLOWING MATTER: one stor (BthIdrng within a T5-O "Urban Center" Transect Zone, with the NRD-1 Overlay, ddress 239-329 NW 28 ST, 2800-2838 NW 2 AVE, 230 NW 29 ST Final Decision: R.<ra„1Ve NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Mlam Code. The applicable decision mab ng body anti renew the information at the public hearing to render e recommendation or a final dec don. ❑ Approval C✓1 Approval with conditions ❑ Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for Warrant Permit pursuant to Appendix J, Section 5, Subsection 5.1(b)2 of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida which states that a one-story Building in the NRD-1 within the "Urban Center" Transect Zone (T5-O) shall be by Warrant. The Warrant also subsumes several subordinate Waivers. Those Waivers are; • . A Waiver pursuant to Article 7, Section 7.2.8(b) for modifications to Off-street Parking. • A Waiver pursuant to Appendix J, Table 2 for up to a 30% Parking reduction within a % mile of. a Transit Corridor. • A Waiver pursuant to Appendix J, Section 5.1(a)1 to allow increased lot coverage through the provision of a Roof Terrace. Pursuant to Article 7, Section 7.1.3.4 of the above -cited Zoning Ordinance, the . Planning Department has made referrals to the following Departments and Boards. • Office of Zoning • Wynwood/Edgewater NET Office, Neighborhood Enhancement Team Their comments and recommendations have been duly considered in this final decision. This application has been reviewed pursuant to Article 7, Section 7.1.2.4 (d) of the Zoning Ordinance; the following findings have been made: FINDINGS • The applicant proposes a new development within the NRD-1 zoning overlay, on a 71,493 square foot lot. The development is comprised of a combination of 36,884 sf of adaptive reuse and 20,398 sf of new construction, located within a T5-O "Urban Center" Transect Zone. • The applicant will not be required to provide any new parking for the adaptive reuse portion of the development, and will be required to provide 61.2 parking spaces for the new construction. This is reduced to 43 parking sp es through a requested 30% TOD parking reduction Waiver. 30 of these required parking spades are being provided as on -street parking, and the remaining 13 parking spaces are being purchased through the Wynwood Parking Trust Fund pursuant to PZ-20-6099 12/07/20 File No Appendix J, Section 3, Subsection 3.1.1.1.(i) and Table 2. The proposed parking minimum required parking pursuant to Appendix J of the Miami 21 Code. • Pursuant to Appendix J, Section 5, Subsection 5.1(b)2, the applicant is requesting a to provide a one-story Building. To satisfy the requirements of the aforementioned code se the project provides rooftop plantings consistent with the definition of an Intensive Green Roo The one-story new construction has a total roof area of 14,079 square feet, and it is providing 7,254 square feet of Green Roof area, exceeding the 50% code requirement. NOTICE This subrnktal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Mlami Code. The applicable decislon-making bodywilt renew the Information at the public hearing to render a recommendation or a final decidon. • The new construction has been found to be in zoning compliance with Miami 21, specifically Appendix J of Miami 21. • A pre -application meeting with the applicant occurred on June 16, 2017 to discuss comments generated from a preliminary review. The applicant also received the necessary Warrant documentation to proceed with the Warrant submittal. • The project went before the Wynwood Design Review Committee on May 9th of 2017. At that meeting, the project received a unanimous recommendation of Approval with Conditions. • Pursuant to Article 7, Section 7.1.2.4 (d) of the Miami 21 Code, the City of Miami Zoning Ordinance, and the application has been reviewed and found sufficient except for the conditions listed below. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Article 7, Section 7.1.1.2 of the Miami 21 Code, the subject proposal is hereby approved with conditions subject to the plans submitted by the applicant and on file with the Planning and Zoning Department as well as the following limitations: CONDITIONS: 1. The development shall be in accordance with the plans entitled "Wynwood Walk" as prepared by Oppenheim Architecture signed and sealed 6.6.17 consisting of 58 pages. 2. Pursuant to the WDRC recommendations of approval, the project shall comply with the following; a. All exterior art treatment is to remain non-commercial. b. Art treatment on NW 29th Street facade will imply glazing, where physical openings are not feasible. c. The street tree plantings shall be consistent with the NRD-1 Street Tree Master Plan. d. The project should celebrate the corner of NW 2nd Avenue and NW 29th Street with a distinctive, high -quality, rotating art mural program. 3. Signage is not approved as part of this Warrant approval and shall be reviewed under a separate permit application. 4. The Applicant shall provide MPA letter confirming the number of on -street parking spaces available on the site prior to issuance of Certificate of Occupancy or Temporary Certificate of Occupancy. The Applicant shall provide confirmation of payment in lieu for 13 parking spaces into the Wynwood Parking Trust Fund prior to issuance of Certificate of Occupancy or Temporary Certificate of Occupancy. 6. The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 2 PZ-20-6099 12/07/20 File No 7. Failure to comply with the conditions herein shall result in a citation with a da fine per condition violated or the revocation of this Warrant permit. NOTICE This subrnktal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Mlami Code. The applicable decislon-making bodywilt renew the Information at the public hearing to render a recommendation or a final decidon. PZ-20-6099 12/07/20 NOTICE The final decision of the Director may be appealed to the Planning, Zoning, and Appeals Board by any aggrieved party, within fifteen (15) calendar days of the posting of decision by the Planning Director on the ity's website by filing a written appeal and appropriate fee with the Office of Hearing Bo s, ocated at 444 SW „d-Ave., 3rd Floor, Miami, FL 33130. Telephone number (305) 416-Z030 y ,- Signa#li�re f�. � ; Date / i ? / 7 rsco J. Ga ia, Director Planning and Zoning Department 239 - 329 NW 28th Street 2800 - 2838 NW 2nd Avenue 230 NW 29th Street Miami, Florida 33127 Final Warrant/Waiver Submittal June 6th, 2017 APPROVED City of Miami Planning Department Date ie/i3((7 34/ WY NW0 0 D WA L K DRAWING INDEX A-0 Cover A-1 Context Aerial View A-2 Zoning Information - Survey A-3 NRD-1 Zoning Map A-4 Proximity to T3 Zoning Map A-5 Transit Corridor Location Map A-6 Existing Site Plan & Proposed Demolition A-7 Existing Elevations & Proposed Demolition A-8 Site Photos A-9 Site Photos A-10 Site Photos - Structure to be Demolished A-11 Project Zoning Data A-12 Parking Requirements A-13 Warrants and Waviers A-14 Lot Coverage & Open Space A-15 Setbacks A-16 Corner Dedication & Visibility Triangle Diagram A-17 Proposed Site Ptan A-18 lM� A-19 YA-0 A-21 S' Ground Floor Plan - REV. #1 Second Floor Plan Roof Plan Elevations - REV. #1 j A Building 1 & 2 Enlarged Elevations REV A-23 _ Building 3EnlargeO Elevations A-24 Building 4 Enlarged Courtyard Elevations A-25 Building 4 Enlarged Street Elevations A-26 Material Board A-27 Art Strategy A-28 Building Sections A-29 Street Section A- NW 2nd Avenue A-30 Street Section B - NW 2nd Avenue A-31 Street Section C - NW 28th Street A-32 View 1 - Pedestrian Plaza from NW 28th Stree A-33 View 2 - NW 2nd Ave from NW 29th St Corner - REV. A-34 View 3- NW 28th Street from NW 2nd A e Corner A-35 View 4-NW2nd Avenue -REV. A-36 View 5 - Building 4 from NW 28th Street / A-37 View 6 - NW 29th Street & NW 2nd Avenue Corner- REV. A-38 View 7 - NW 28th Street A-39 View 8 - Aerial la NW 2Bth Street & NW 2nd Avenue Corner L-1.10 Overall LVL 01 Hardscape Plan L-1.11 Overall LVL 02 Hardscape Ptan L-1.20 Enlarged LVL 01 Hardscape Ptan MLA L-1.21 Enlarged LVL 01 Hardscape Plan MLB L-1.22 -Enlarged LVL 01 Hardscape Plan MLC L-1.23 Enlarged LVL 02 Hardscape Plan L-1.34 Typical R.O.W. Layout Plans L-2.10 Hardscape Details L-3.10 Overall LVL 01 Landscape Plan L-3.11 Overall LVL 02 Landscape Plan L-3.20 Enlarged LVL 01 Landscape Plan MLA L-3.21 Enlarged LVL 01 Landscape Plan MLB L-3.22 Enlarged LVL 01 Landscape Ptan MLC L-3.23 Enlarged LVL 02 Landscape Ptan L-3.30 General Planting Details and Notes L-3.31 Greenroof Hardscape Details L-4.10 Overall LVL 01 Landscape Lighting Ptan L-4.11 Overall LVL 02 Landscape Lighting Plan Wynwoad WaLk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL A-0 Cover 6/6/17 OPPENHEIM ARCHITECTURE Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL A-1 230 NW 29th Street, Miami, Florida 33127 i APPP?(_'..,'..... City of Miami Planning Department Date 10 /(1 /(7 For e a tYJ17' ()0'1 1 • ontext Aerial View VIEW KEY N.T.S. ANitect 6/6/17 OPPENHEIM ARCHITECTURE BOUNDARY SURVEY 1 1 1111, • Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL A-1 nle Zoning Information - Survey N.T.S. 6/6/17 OPPENHEIM ARCHITECTURE NRD-1 Boundary 0 0.125 0.25 0.5 Miles C ro__ ,etching nd'ca:es proposed mning'.is the cams as ex Inn raring Created by the City of Miami Planning Department: 9/29/2015 1111/ Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAR/ER SUBMITTAL A-3 NRD-1 Zoning Map N.T.S. 6/6/17 OPPENHEIM ARCHITECTURE NY1/ �Ai1LJ �1 ■s s r-1112 D 1 10UNDARY .1' Y.?.. 5 T 580rt Property Line Offset SU 1 H 5 NW 500ft Pro . erty Line Offset ITT ---E7 tlL11U JIB { p PUBL7c I\ Note: Site is not within 500ft of T3 Zoning and is eligible for parking reductions. \F Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 A-4 Proximity to T3 Zoning Map N.T.S. 6/6/17 OPPENHEIM ARCHITECTURE NW 33RD STREET NW 32ND STREET NW 31ST STREET i s $ NW 30TH STREET NW 29TH STREET NW 28TH STREET Z NW 26TH STREET Z NW 25TH STREET "-NW 24TH STREET NOT TO SCALE NOTICE jai ,11I Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL A-5 Transit Corridor Location Map 1:4500 6/6/17 OPPENHEIM ARCHITECTURE ADJACENT BUILDING 10. SETBACK /-\ •t • 44 t I19. 2.4 - t . 4 ! 17.045ysq ft OD h -P— 818 =7= 1— • • •• I , at•-- _ ___ 97 , 4 • 1 10 1 f— , h , N.W. 28th STREET 5,2112000 25 002E012120220 C.. .5525 510551 Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL A-6 230 NW 29th Street, Miami, Florida 33127 Existing Site Plan & Proposed Demolition 00105 AreMecl 6/6/17 OPPENHEIM ARCHITECTURE 151FLCH: F11110`.°- 0 DEMOLITION NORTH ELEVATION D,E,M2,LIT,1130T,.SOU;ElloREEVATION SCALE:1/32" T 1.-0" 1st F10114.— ,.E0LEVATION 0 °SEC'AL'EL71/'3.2'^Efri %I= "Mt7. rzr- JL TP=17 'LL PIS,. BUILDING I O ORMOUTON SOUTH COURTYARD ELEVATION SCALE 1/32" = 1LO" • 112111`,11,1111°'" OUSTING M.I.5 ERE= EIEFEE% zrxag: r'`&9 IC) ,—,' I' .1 —.—.. • ' . 1. r IL _ oIl —1uii_ —1 1 Ti, _ 1 _ ...1 11 0 B0L1OZSE1,82/322,-.DEMRaL1TION SECTION 1 0 121,LcAOGLET-,0,E,110 SEUT0EIN 2 pE avvvem :21 71,1F6'117z'Td,t1.1,1;1117,1,11` /v1 mrara O BLDG 3 - DEMOLITION SECTION SCALE: 1/32,- V•0" 1,41511 6 WWI. vdAL=E oEmous000 s PISIONOBUILOING IMM Mil Mil N , 1,15-aNcialliLDINO O SCALE: 1/32" - 1L:0" DEMOLITION EAST COURTYARD ELEVATION OE BSICOAGL::-1% M=OLITI_00M SECTION O BLDG 3 - DEMOLITION SECTION SCALE: 1/32" = 1130" 12/07/20 APPROVED City of Miami Planning De ailment Date /I For vi Jot q 6§.01,11,10M009101 Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Mtaml, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL A-7 Existing Elevations & Proposed Demolition 0... 6/6/17 OPPENHEIM ARCHITECTURE VIEW (A) NW 2ND AVE AND NW 29TH STREET VIEW IC) NW 29TH STREET VIEW (E) NW 2ND AVE VIEW (B) NW 29TH S I REL 1 VIEW (D) NW 2ND AVE VIEW IF) NW 2ND AVENUE AND NW 28TH STREET LOCATION MAP APFovpD City of Mia ci Planning J3agcrtraan8 Date (0Mill 7 Pc NOTICE etlem Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAVER SUBMITTAL A-8 oie Site Photos 1" =100' 6/6/17 OPPENHEIM ARCHITECTURE VIEW IGl NW 28TH STREET VIEW (11 NW 28TH STREET VIEW (K) NW 28TH STREET VIEW (H) NW 28TH SIREEI VIEW (J) NW 28TH STREET VIEW IL) NW 28TH STREET LOCATION MAP ., Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WANER SUBMITTAL A-9 Site Photos 1" =100' 6/6/17 OPPENHEIM ARCHITECTURE VIEW (M) EAST ELEVATION VIEW (0) WEST ELEVATION VIEW (N) SOUTH ELEVATION VIEW (P) NORTH ELEVATION NW 28TH STREET LOCATION MAP EXISTING ONE STORY BUILDING TO BE DEMOLISHED (BUILT 19371 APPROVED City of Miami piclaniag De astmeft Date otter( 1 Wynwood WaLk a;en PeajxlAWees Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL A-10 Site Photos - Structure to be Demolished 1" =100' 6/6/17 OPPENHEIM ARCHITECTURE nr<ni. C ., I)E.3a at Dote ?nent PC 4 PROJECT ZONING DATA Miami 21 Section Required/Permitted (Existing New Tout Notes lo r✓��) U6L7ctiF NOTICE LOT AREA m. Total Gross Lot Area PZ-2( T5.0 Appendix J, Illustration 5.1 48,857 ft. 77,977 ft. f A Refer to survey areas 12/C 9iC/4.4 T6-8-0 Appendix J, Illustration 5.2 5,000 ft' min. lot area 29,120.00 N/A Total Net Lot Area RFV' T5-0 Appendix J. Illustration 5.1 N/A 44,358 ft. N/A 71,493 ft' Post Dedication T6-8-0 Appendix J, Illustration 5.2 27,135 ft. LOT COVERAGE Lot Coverage T5-0 Appendix J, Illustration 5.1 80.0% 80.7 % 71.0% Waiver requested for80.7% Lot Coverage in T5-0. T6-8-0 Appendix J, Illustration 5.2 Level l-8=80%max. 55,0% Lot Width T5-0 Appendix J. Illustration 5.1 50 ft / min Compliant T6-8-0 Appendix J, Illustration 5.2 Open space T5-0 Appendix J, Illustration 5.1 10%min 18.5% 23.3% T6-8-0 Appendix J. ILLustration 5.2 31.3% FLR (by Right/Public Benefit) T5-0 Appendix J, Illustration 5.1 N/A 0.40 0.53 0.86 T6-8-0 Appendix J. Illustration 5.2 0.62 0.27 0.88 BUILDING HEIGHT. Min/Max stones T5-D Appendix 1, Illustration 5.1 2 min/5 max 1 1' N/A 'One level no less than fourteen feet in height accepted with 50%green roof, per section NRD-1 Section 5.1 b. Building Configuration T6-8-0 Appendix 1, Illustration 5.2 2 min/8 max 1 t SETBACKS Principal Frontage - NW 29th Street T5-0 Appendix., Section 8.3 N/A T6-8-0 Appendix J, Section 8.3 10' 10' (Existing Structure] I N/A I N/A Principal Frontage - NW 2nd Ave T5-0 Appendix J, Section 8.3 0' 0' 0' N/A Per NRD-1 Section 1.13.2 Street Master Plan (71 T6-8-0 Appendix J, Section 8.3 0 0 Principal Frontage- NW 28th Street T5-0 Appendix J, Section 8.3 5' 0' (Existing Structurel I 5' N/A T6-8-0 Appendix J, Section 8.3 N/A N/A Side T5-0 Appendix J, Section 8.3 Oft. min 0' 0' N/A T6-8-0 Appendix J, Section 8.3 Oft, lO Nabove Lev 0' 0' Rear T5-0 Appendix J, Section 8.3 0 ft. min 0' 0' N/A T6-8-0 Appendix J. Section 8.3 0 ft. 10 ft above Lev 8 0' 0' FRONTAGE REQUIREMENTS Frontage at front Sethack - NW 29th Street fd 10' T5-0 Appendix J, Illustration 5.1 70%min 100.0% 100.0% Per NR0-1Section 1.13,2 Street Master Plan (91 T6-8-0 Appendix J, Illustration 5.2 N/A Frontage at front Setback - NW 2nd Ave fd 0' T5-0 Appendix J, Illustration 5.1 70%min 88.3% 88.3% Per NRD-1 Section 1.13.2 Street Master Plan 171 T6-8-0 Appendix J, Illustration 5.2 Frontage at front Setback - NW 28th Street D 5' T5-0 Appendix J, Illustration 5.1 70%min 70.1% 70.1% Per NRD-1 Section 1.13.2 Street Master Plan (1] T6-8-0 Appendix J, II [ration 5.7 -6099 7/20 Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 A-11 Project Zoning Data 6/6/17 OPPENHEIM ARCHITECTURE 0 Ground Floor Habitable Space Diagram Second Level Habitable space Diagram OProvided Parking Diagram PROJECT PARKING REQUIREMENTS USE ADAPTIVE REUSE" NEW CONSTRUCTION (HABITABLE SPACE( SPACES RED. W/30%TOD REDUCTION TOTAL REDUCTION NOTES Ja PZ-2 RETAIL 36,884 ft' 12.533 ft' 37.6 26 30.0% 12/ Waiver Requested: Parking Reduction De.gr("� required parking bythirty percent 130%1 wit A radius of a TOO [Article 4. Table 41 RFVI RESTAURANT 7,865 ft' 23.6 17 30.0% TOTAL 36,884 ft' 20,398 ft' 61.2 43 30.0% Parking Notes: `City microfilm indicates no existing parking requirements PROVIDED PROJECT PARKING USE RED. SPACES RED. SPACE PROVIDED NOTES COMMERCIAL 3/10005f 43 0 STREET PARKING' 0 0 28 ADA SPACES" 0 2 2 I per 25 - provided on street PURCHASE INTO WYNWOOD PARKING FUND"' 0 0 13 TOTAL 43 43 Parking Notes: 'Street Parking to be confirmed with MPA ""ADA Parking to be provided on street """Purchased parking assumes 1/3 of commercial parking into Wynwood Parking Fund LOADING REQUIREMENTS USE . AREA (Gross New Construction) RED. PROV. NOTES COMMERCIAL 26,498 ft' None Street Loading Provided Loading Notes: No loading berths required for projects less than 50Ksf BICYCLE PARKING REQUIREMENTS USE RED. SPACES RED. TOTAL PROVIDED �.__ ,_-., IAOT,ES, BICYCLE PARKING 1 bs/min per 20 parking spaces 3 4 /b p p Tj -.) ;71" D See Landscape Architecture drawing for location OZoning Tables NEW CONSTRUCTION Ground Floor Gross Total 22,508 ft. Ground Floor Retail 12,533 ft' Retail Restrooms I6x10 restro0m, 60 SF ea. X 91 540 ft' Ground Level Restaurant 4,792 ft' Ground Level Kitchen 130%I 2.054 ft' Ground Level Restrooms 780 ft' Cores 1,486 ft' Exterior Walls. Interior Walls. Columns 324 ft' Total Ground Floor llabi:abin Spac= Cho' o P anrs xog Department Date /V�7^ ,. k✓L✓/! r XJiL) 17 ,00 l 0 NEW CONSTRUCTION Second Floor Gross Total 1,788 ft' Level 2 Reslauran 3,073 f Level 2 Kitchen 130%1 97 ft' Level2 Restrooms 20 Cores 6.199 echan cat 683 Exte nor all, Interior Walls, Columns 516 Total Second Hoar Habitable Space 3.073 Total Ground and Second Floor Habilatble Space 20,398 ft' 0 Habitable Spare Chart - Ground Levet O Habitable Space Chart -Second Level NOTICE XV 0-6099 07/20 Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL Shem A-12 Parking Requirements Ova Ar..1 NaT.S: 1'-0" 6/6/17 OPPENHEIM ARCHITECTURE WAIVERS & WARRANTS SUMMARY Waiver Miami 21 and NR0-1 Sections Notes Nonconforming Site Improvements Miami 21_Section 7.2.8 7.2.8 Nonconforming Site Improvements Where nonconforming site improvements exist, such as Off-street Parking and loading, access, fences, walls, Lighting, Landscaping, or similar site improvements, such nonconformities may continue and the site may he altered only as provided below. a. No change shall be made in any nonconforming site improvement which increases the nonconformity. Changes may be approved by Waiver, if the changes result in the same or a reduced degree of nonconformity. b. Where existing Off-street Parking facilities are nonconforming to the requirements of this Code or any other city standards, the restoration or rehabilitation of an existing Building or adaptive Use to any permitted Use in the Transect Zone shall not require the provision of additional parking or on - site storm water retention or detention except to the extent required by applicable state or federal taw. No modifications may be permitted which increase the degree of the existing nonconformity. Modifications to the facilities may be approved by Waiver, and the Waiver may be conditioned on safeguards that reduce the degree of nonconformity to the extent reasonably feasible in the circumstances of the case. Existing Buildings on NW 29th street and NW 28th Street are not at established setbacks. Parking Reduction NRD-1 Appendix J, Table 2 TO. Parking ration may be reduced within half 11/21 mile radius of TOD or within quarter (1/4) mile radius of a Transit Corridor by thirty percent 130%1 by process of Wavier, except when site is within 500 feet of T3. Building Configuration NRD-1 Section 5.1 b. Building Configuration 2. A one (1) Story Building may be allowed through the Warrant process provided that the ground level Story is no less than fourteen (141 feet in Height and a Green Roof treatment no less than fifty percent (50%1 of the roof area is provided. Lot Coverage NRD-1 Appendix J Section 5.1.a1 - Lot Coverage by any Belding shall not exceed eighty percent (80% of Lot Area. Additional Lot Coverage may be approved up to ninety percent 190%I by Waiver if the applicant satisfies at Least one of the following condintions: i. Provision of a Roof Terrace in an amount of square footage equivalent to four 141 times the gross Lot Aerea obtained from increased Lot Covarage or twenty percent (20%) of the Building roof surface area, whichever amount is greater Design provides for 4,625 sq ft of roof terrace in T5-0, allowing for 1,156 sq ft of additional Lot Coverage or 2.36%. Waiver request is for 2.36% or 1.156 sq ft of additional Lot Coverage in the T5-0 portion of the project site. APPRp`D City of �� Il Planning Departzneat Date /, F Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAR/ER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 A-13 Warrants and Waviers 6/6/17 OPPENHEIM ARCHITECTURE NW 29th Street 80ft R.O.W. T6-8-0 PEDESTRIAN PASEO FPL FPL i OLOT COVERAGE SCALE: 1:700 PEDESTRIAN PASEO NW 28th Street 50ft R.O.W. :APPROVED City of Miami Planning Department bate IO/It; /t1 LE AIN NW 29th Street 80ft R.O.W. OPEN SPACE SCALE: 1:700 NW 28th Street 50ft R.O.W. NOTICE 4111 PROJECT ZONING DATA Miami 21 Section Required/Permitted IExistino INew ITotal Notes LOTCOVERAGE LotCoverage T5-0 Appendix J, Illustration 5.1 80.0% 80.7% 71.0% Waiver requested for 80.7% Lot Coverage in T5-0. T6-8-0 Appendix J. Illustration 5.2 Level l-8=80%max. 55.0% Open spa re y T5-0 Appendix J. Illustration 5.1 10% min 18.5u 23.3% �1 T6-8-0 Appendix J, Illustration 5.2 31.3% Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAWER SUBMITTAL A-14 Lot Coverage & Open Space Pee Pubted 6/6/17 OPPENHEIM ARCHITECTURE PROJECT ZONING DATA IMiami 21 Section I Required/Permitted (Existing INew 'Total 1 Notes SETBACKS Principal Frontage - NW 29th Street T5-0 Appendix J, Section 8.3 N/A 36-8-0 Appendix J, Section 8.3 10' 10' [Existing Structure] I N/A I N/A Principal Frentage - NW 2nd Ave T5-0 Appendix J. Section 8.3 0' 0 N/A Per NR0-1 Section 1.13.2 street Master Plan 121 T6-8-0 Appendix J. Section 8.3 0' 0' Principal Frontage- NW 28th Street T5-0 Appendix J, Section 8.3 5' 0' [Existing Structure] 1 5' N/A T6-8-0 Appendix J. Section 8.3 N/A N/A Side T5-0 Appendix J, Section 8.3 0ft. min 0 0' N/A T6-8-D Appendix J. Section 8.3 0 ft,10 ft above Lev 8 0' 0 Rear T5-0 Appendix J Section 83 0 ft. min 0' 0' N/A T6-8-0 Appendix JSection 8.3 0 f1,10 ft above lev 8 0' 0' FRONTAGE REQUIREMENTS Frontage al front Setback- NW 29th Street 2 10' T5-0 Appendix J, Illustration 5.1 70%min 100.0% 100.0% Per NRO-1 Section 1.13.2 Street Master Plan 191 T6-8-0 Appendix J Illustration 5.2 N/A Frontage at front Setback - NW 2nd Ave@ 0' T5-0 Appendix l Illustration 5.1 70% min 88.3% 88.3 % Per NRD-1 Section 1.13.2 Street Master Plan (A T6-8-0 Appendix 1, Ilfustraton 5.2 Frontage at front Setback - NW 28th Street ld 5 T5-0 Appendix J, Illustration 5.1 20%min 90.1% 20.1% Per NR0-1 Section 1.13.2 Street Master Plan 111 T6-8-0 Appendix J Itlustrat on 5.2 Wynwood Walk Thor Equities 1 { Ex BLdg 3 { A. 17,9.52 sg f1' NW 29th Street 80ft R.O.W. r 1 rT PEDESTRIAN PASEO FPL FPL PRINCIPAL FRONTAGE PEDESTRIAN PASEO 70.1 % NW 28th Street PRINCIPAL FRONTAGE 50ft R.O.W. OSITE SETBACKS & FRONTAGE SCALE: 1:700. �r`ar .... ,'c3_:sg/ Department Wo/ro.r a017-0011" me m 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL A-15 Setbacks 230 NW 29th Street, Miami, Florida 33127 VISIB�IL}'TY JRIAIISGLE • NOTICE \F 6/6/17 OPPENHEIM ARCHITECTURE LEGEND VISIBILITY TRIANGLE L___J CURRENT PUBLIC WORKS R.O.W. DEDICATION PROPOSED PUBLIC WORKS R.O.W. DEDICATION NEW CONSTRUCTION SETBACK"---- PUBLIC WORKS DEDICATION: R BASE BUILDING LINE PROP DEDICATION: R 10' VISIBILITY TRIANGLE C CO Z en 55 o 0 a. e y i t ° P l.i b E D City of Miami i `canning Department Date i F NEW CENTERLINE N.W. 28th STREET _ _ PROPOSED STANDARD 50'-0" R.O.W. BY CITY OF MIAMI PUBLIC WORKS DEPARTMENT wl <I - Csl zl wl UI ,IIIII, ,III1I Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 51.1 A-16 Corner Dedication & Visibility Triangle Diagram 1/8" = 1'-0" 6/6/17 OPPENHEIM ARCHITECTURE n ADOPTED BOR.0 W. BY CITY OF MIAMI CAPITAL IMPROVEMENTS 10,333333 AWARE. BUILDING N.W. NM STREET 1LJ PROPOSED STANDARD SW R.O.W. BY CITY OF MIAMI PLANNING DEPT/MIAMI PURI IS 3131,35 DE, NEV3CE31333311. — N.W. 28M STREET 1131301111331133 NOTICE o PZ-20-6099 ay STREET TREES ARECONCEPTUALAND SHALL DE COORDINATED WITH NRD-I STREET TREE MASTERPLAN. LOADING AREA LIMITED TO ESTABLISHED HOURS FOR ON STREET LOADING IN THE NR0-1, PURSUANTTO APPENDIX J. 12/07/20 T6-8-0 T5-0 tZ7 MI SBITINCIORNI Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL A-17 Proposed Site Pion 230 NW 29th Street, Miami, Florida 33127 6/6/17 OPPENHEIM ARCHITECTURE NOTE: ALL ELECTRICAL METERS ARE CONTAINED1 INSIDE ELECTRICAL ROOMS AND NOT AT EXTERIOR , I=112 11141 '40111-39 SEC FACP TEX CT CA8. 1600A CT CAB. ELECTRICAL RM 1 ADJACENT BUILDING • I ,[[[ SEC FACP 2000 WAIN .a11,1-111 I. E 24 CT CAB 1200A I I ELECTRICAL RM 2 EIJ 41 ID-11 0 FACP DEC CT CAB. 12DTA CT CM. I 1200A ELECTRICAL RM 3 113 / TBA 1.1P) 10'SETBACK ELECTRICAL RM 1 ELECTRICAL RM 3 1 1 EXG BLDG J -4 o I RETAIL 1 1 1 A 17,945 sq f t n -- 1 14- 1 1 1 r ,0: -- i - -----1- 6 , — 1 I I 1 AL GO0 11 r.54i34 4-11EtEIELOC1VIL SHEET, r 14,111VIF 9 1 (E 11f1 ,EXG-BL-D6-1-4— RETAIL ' A: 7,901 sq ft, L. T6-8-0 7, 4911[ GT ;:1;110.,E1E • ! , --HzBEIG:,El:sq ELTD"Lf't _ t • 1. -H 111[`-'7,13-M7,4r08.8 1 _ [144047A, 1o, ' 81. 11-1 • ELECTRICAL RM • II -7 7 7 11 11 NEW BLDG 4 RETAIL 11 A 21,968 sq ft 11 I, 11 1 II 11 JL ' JL JL --1---- 1 N.W. 28th STREET 4 1 II [ II 11 1 JL LIL nr--t erLI,V1-,:t 1 11 1 11 nr= 1 1 L 11rF 11 1 — — 9.4579494 25 EASE BE HEE - -6 N.W. 2nd AVENUE r7',1 1 TO COMPLVINITN MIN 50LAR NOTES. ARTICLE 3, SECTION 3.13 AS ALL ROOFING AND PAVING APPLICABLE REFLECTANCE REDS AS SPEC tiP4 Ol PZ-20-6099 12/07/20 Wynwoad Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 331 27 FINAL WARRANT/WAIVER SUBMITTAL 8,. A-18 Ground Floor Plan - REV. #1 1/32" = 1-0" 6/6/17 OPPENHEIM ARCHITECTURE 1,91, urn V 1 I0 11'g- II II �I If 1 11 II I I1.. Lk rtirt j 111 1111iLl!1l 1r r i I €f I IIII 11_ I. II III it 7 IFpI1111_-I1lliri n !L-ral 1 ;1179P9 lull 1 III-,,7fI,, l Q I fnrll IIII III III 11 .:l�ilRIIII Ih 10 SETBACK : 1 1 I1 mY17 �m-ri4 'trT*I-if tTn ' ,1,'� -'=!�ri .I 1: III . 711 I a II 111 III iII I �,= 11LL,.:�L�LU l 111 L Ilr 11 li II 11 11 I- 1;II III U U Cry 1 �j _iu' 1 140 m ,} l Clj III 11 III I 1 II I 11 II,I 1 III Ilia II11 u I III I IIII In'In I I1V I11 k : III Ili I III IS Illrl 11111 11 p ' I I T 1111 1. II 1111 I 41 '1! 110 1 f 11111 111 1111111111111114,1J0 1111111 I �, rtr�tx , III IIII �II 1 1111 n'i1i I1111 VII I III + II I I r :f L- I II EXG BLGG 1 REtAIL 81-cgif— LY - - - N.W.-286-STREET SETBACK PROPERnBOBBOaP 4� NOTICE Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL A-19 Second Floor Plan 6/6/17 OPPENHEIM ARCHITECTURE 6ECONGARYOVERFLOW°R IN_ 10. SETBACK ADJACENT BUILDING o EXG RE EENO =EE LOG 3 AIL J�ay.i.F_ nvF .— V VNEW Roof sT6TEMP V NEW S NEW BU LTUP ROOF WEN ROOF SY6TEM T6-e-0 EXG BLGG 1 RETAIL NEW ROOF MTENP HIGH ROOF jv �e vtF. NEW ROOFTOP NEC. UNITS SUPPORTS INSIDE SCREENED ENCLOSURE EXG BLGG 2 RETAIL NEW HILT -UP ROOF SYSTEM HIGH ROOF OUTDOOR TERRACE ROOF PLANTER , HIGH ROOF NOTICE 11, Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WANER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 A-20 True Roof Plan 6/6/17 OPPENHEIM ARCHITECTURE 1.13,113 0 HEY DIAGRAM r Notes: All unglazed exterior facade areas to be painted stucco. See Elevations for concept of artwork locations and styles. Exact artwork to be coordinated with artists and WRDC. DESIGNATED SURFACE FOR FUTURE ROTATING ART INSTALLATION OR MURAL S NW 20tA Street Elevation SCALE: li32`1-0 NENNWII ....Mao ,..1-1,7R4111711rET nrmrE117117i, rm... NsWcA2Itit,Sit3r7t. El,eva,,tt on . . • •.• 10M111/ 00 DESIGNATED SURFACE FOR FUTURE ROTATING ART INSTALLATION OR MURAL EXISTING STRUCTURE WITH NEW OPENINGS & RENOVATED INTERIOR 1 0% GLASS While MX11113 0 SS"C'AMLI g: 31! a'01111111=1°11117.1z11,1 N STRUCTURE -40% GLASS 11•opprA in qpi OMEN ammo. 111111111!!Vn• g' ,LM;IM--111111idiMEMMIa-111111111 .01 NW 2nel Avenue Elevatio SCALE: 1/32 = 1-0 EXISTING STRUCTURE WITH NEW OPENINGS & RENOVATED INTERIOR 3310 GLASS cia ou en! a1111=11,111111=1 eakeeovavto 40. B.III-DIIG °BIG. ara1'1121=11t111:1 NW Ath Street Elevation ROo.NROON DESIGNATED SURFACE FOR FUTURE ROTATING ART INSTALLATION OR MURAL EXISTING STRUCTURE WITH NEW DPFNINOSS RENOVATED I 32% GLASS CHRTEOSTOCONWL05 NW 2nd Avenue Elevation SCALE: 1/32".1-0 sTRuc-HLNE .30% arja1:1C7, mai* 1,1111110111M Milli I ' - BUILDING .01 SCALE: 1/32" EXISTING STRUCTURE WITH NEW OPENINOS & HENOVATED INTERIOR 34% DEARS EXISTING STRUCTURE WITH NEW OPENINGS RENOVATED INTERIOR 35,GLASS .41 I 1111 III. nil 1111 d. -t 1111 1111 1 lk NEW STRUCTURE - MI1111.114 MEM taMEMEMMI MMAI • illat MUM Immo imium 111111 111111 111111 111111 _ 11,111 iiiiiiiLA ED =Iv- Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL -e, C'ls°t. FLOOR +17-9" '2nd FLOOR '-rist FLOOR 1H7.030 F 51(3s; FLOOR 'PT. 5:OF COPIMGX-10(1e1,...1 A-21 Elevations - REV. 91 Scala Sac Archlact 1 /32" = 1 0" 6/6/17 OPPENHEIM ARCHITECTURE DESIGNATED SURFACE FOR FUTURE ROTATING ART INSTALLATION OR MURAL Ciiy of Miami Planning Department Date V/(5ill For o•i'r" (7-00411 Notes: —. All unglazed exterior facade area Ko be paTinted stucco. See Elevations for concept of artwork locations and styles. Exact artwork to be coordinated with artists and WRDC. DESIGNATED SURFACE FOR FUTURE ROTATING ART INSTALLATION OR MURAL PAINTED STUCCO WALLS Building 1&2- North Elevation Id NW 29th Street SCALE: 1/1, 90' DARK BRDNZE COLORED ALUM STOREFRONT W/ CLEAR GLAZING EXISTING STRUCTURE WITH NEW OPENINGS & RENOVATED INTERIOR 34% GLASS PAIN I L E S1 U CCO WALLS O Bulldingt 82-South Elev�tionfd Courtyard SCALE: 1/16"= I'-0" N 28' 78 DESIGNATED SURFACE FOR FUTURE ROTATING ART INSTALLATION OR MURAL EXISTING STRUCTURE WITH NEW OPENINGS & RENOVATED INTERIOR 32% GLASS PAINTED STUCCO WALLS Building 2 - East Elevation la NW 2nd Avenue SCALE: 1/16"- 1'0" EXISTING STRUCTUR WITH -NEW EN DARK BRONZE COLORED ALUM STOREFRONT W/ CLEAR GLAZING 122' DARK BRONZE COLORED ALUM STOREFRONT W/ CLEAR GLAZING PAINTED STUCCO WALLS DARK BRONZE COLORED ALUM STOREFRONT W/ CLEAR GLAZING EXISTING STRUCTURE WITH NEW OPENINGS & RENOVATED INTERIOR 35% GLASS PAINTED STUCCO WALLS NOTICE _4117.-9" 2nd FLOOR ROOF 42+1 T-9" 2nd FLOOR Vs:FLOOR ROOF 'r2nd FLOOR Wynwood WaLk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL 230 NW 29th Street, Miami, Ftorida 33127 A-22 Building 1 & 2 Enlarged Elevations - REV. #1 1/16" = 1'-0" 6/6/17 OPPENHEIM ARCHITECTURE OKEY DIAGRAM Notes: AU unglazed exterior facade areas to be painted stucco. See Etevations for concept of artwork locations and styles. Exact artwork to be coordinated with artists and WRDC. 151' 58' 19' FABRIC AWNING O Building3-East Elevation B Courtyard SCALE I/16'- Io" EXISTING STRUCTURE WITH NEW OPENINGS & RENOVATED INTERIOR 19% GLASS PAINTED STUCCO WALLS 50' DARK BRONZE COLORED ALUM STOREFRONT W/ CLEAR GLAZING 48' ROLLUP DOOR 49' FABRIC AWN NG 49' BUILDING #1 EXISTING STRUCTURE WITH NEW OPENINGS & RENOVATED INTERIOR 22% GLASS WOOD TRELLIS PAINTED STUCCO WALLS 0 Building3- South Elevation fd NW 28th Street SCALE: I/16'= I'-0" EXISTING SLIDING DARK BRONZE COLORED ALUM W00D DOORS STOREFRONT WE CLEAR GLAZING FABRIC AWNING —N— NOTICE v17-9" 2nd FLOOR lt0„ 1st FLOOR 2nd FLOOR Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WANER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 A-23 Building 3 Enlarged Elevations va 6/6/17 OPPENHEIM ARCHITECTURE OKEY DIAGRAM Notes: At! unglazed exterior facade areas to be painted stucco. See Elevations for concept of artwork locations and styles. Exact artwork to be coordinated with artists and W ROC. 7' NEW STRUCTUR` 8% 2LA� O eultelno 4-Wst Elevalion la Courtyard SCALE: 1/16"- 1' 0" 76' 109' PAINTED STUCCO WALLS 28' NEW STRUCTURE - 22% GLASS 58' DARK BRONZE COLORED CABLE _d DARK BRONZE COLORED ALUM GUARDRAIL BEYOND STOREFRONT W/ CLEAR GLAZING 60' APPROVED City of Miami Planning Dep * 1 1 Ca nol O Building 4 - North Eteyation fd Courtyard SCALE: 1/16"= 1'-0" NEW STRUCTURE - 48% GLASS PAINTED STUCCO WALLS DARK DRONZE COLORED ALUM STORFFRONT W/ CLEAR GI 47 NG NOTICE �T-9" 2nd FLOOR 0" �1 st FL00R ktil FLOOR morramoovoimiumt Mani rnb Wynwoad Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL A-24 Building 4 Enlarged Courtyard Elevations 230 NW 29th Street, Miami, Florida 33127 6/6/17 OPPENHEIM ARCHITECTURE OKEY DIAGRAM Notes: ALL unglazed exterior facade areas to be painted stucco. See Elevations for concept of artwork locations and styles. Exact artwork to be coordinated with artists and WROC. 0 Buitding4-soutM1Elevation2 NW 2atM1 01reel SCALE: 1/16"= 1'-0" 10' O Building 4-East Elevation I NW Znd Avenue SCALE: 1/161= 1'-0' PAINTED STUCCO WALLS PAINTED STUCCO WALLS DARK BRONZE COLORED CABLE DARK BRONZE COLORED ALUM GUARDRAIL BEYOND STOREFRONT W/ CLEAR GLAZING 167' DARK BRONZE COLORED CABLE GUARDRAIL BEYOND DARK BRONZE COLORED AL M STOREFRONT W/ CLEAR GLAZING NOTICE 37' ROOF 2nd FLOOR 1+ T-9" 2nd FLOOR Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL A-25 Building 4 Enlarged Street Elevations o 1/16"= 1'-0" 6/6/17 OPPENHEIM ARCHITECTURE Bronze Colored Aluminum Louvers Notes: Att unglazed exterior facade areas to be painted stucco. See Elevations for concept of artwork Locations and styles. Exact artwork to be coordinated with artists and WORC. Bronze Colored Rollup Door Bronze Colored Cable Guardrail at Roof Terrace Bronze Colored Aluminum Storefront - Interior View APPROVED City of Miami Flan/ling De_pqrtment Dote 10 /41 11 Foe i� r 0/017 5' Fabric Awning Concept Image - Color to Match Storefront NOTICE Bronze Colored Aluminum Storefront - Exterior Wynwoad Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 sn FINAL WARRANT/WAIVER SUBMITTAL A-26 Material Board Dale 6/6/17 OPPENHEIM ARCHITECTURE Wynwood Walk Art Narrative The art treatment for the Wynwood Walk is essentially broken into two parts: the existing buildings undergoing adaptive reuse and the new building at N.W. 2nd Avenue and N.W. 28th Street. Art treatments for the existing buildings will con- tinue to be painted annually for art Basel by artists contracted and/or selected by the owner. Each building will be painted by a single artist with the intent of harmonizing with the use of that space, be it a Japanese restaurant (as depicted on building #1 in the included renderings) or some other use. The intent is to maintain the temporal and spontaneous feel of Wynwood while enhancing the urban experience. The new building (indicated as building #4) has a more specific intent of being a unique art piece in itself. Inspired by lenticular artists (see concept images and diagrams) and expanded to into the form of an entire structure the piece is a play on perspective. When seen from one viewpoint you find yourself looking at beautiful monochrome image of the native mangrove forests. By walking down the street and seeing it from another per- spective it becomes a giant colorscape popping with the vibrant energy of Miami. This art can also be changed in the future but will maintain this concept of the lenticular image: two contrasting faces that give sense that the building is different depending on your point of view. Lenticular Street Art by ChristopherJobsan Notes: Alt unglazed exterior facade areas to be painted stucco. See Elevations for concept of artwork locations and stytes. Exact artwork to he coordinated with artists and WDRC. City of j`Mlc ii Pictr'�.li.n6y kit Y1t Date 1 / VIEW KEY Building 4 Lenticular View 1 Building 4 Lenticular Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL A-27 Art Strategy 6/6/17 OPPENHEIM ARCHITECTURE 11.7 r 73. rV...7 Ci" CI ' Fir ar 0-cO O010461A1 WALE VP2a, <-6 'T .,.. Q. N D 1 ,-1 1 7 — — —I 1 , #k" - — — - -- — _ I 261. EkiE '- 1 1 r sa crviL aiEs — Zgo=ra n 0 10 Pueoc C., o 'S 1- 0 OTICE Z-20-6099 12/07/20 0 gtVE Mtn; - WWI § 9CALEtlit& 44, ; -, / iii-2,2-siiiifs- - ; `2'.2) \ 1 • 1 '42-./9 ' ---1- -• ..,,, ,., —4 — • I ' ' _ f ' ' _ _ 1 1 • llllll . EXISTING BUI DING . EYISIING BUILDING , . , O U,NcALILNEK: Et 67110N.° WM. OJP.,01{} OPP.1.11E1BA 2317 Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 A-28 Building Sections w . 1/16" = 1 I-0" 6/6/17 OPPENHEIM ARCHITECTURE 2' SIDEWALK VERGE PARKING TRAVEL LANE 70' TRAVEL LANE PARKING VERGE SIDEWALK z. Z NW 2ND AVENUE/ PROPOSED 70' ROW BY CITY OF MIAMI CAPITAL IMPROVEMENTS OSTREET SECTION A - NW 2ND AVENUE SCALE 1/8" = COMMERCIAL +35'-0" AFF ROOF 9 2ND FLOOR +1T-9"AFF GROUND FLOOR 0'-0" AFF 0 SITE PLAN KEY C SCALE: 1" =200' NOTICE Wynwood Walk Thor Equities 5550 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAVER SUBMITTAL A-29 Street Section A - NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 1/8" = 1-0" 6/6/17 OPPENHEIM ARCHITECTURE 6'-6" SIDEWALK VERGE COSTREET SECTION B - NW 2ND AVENUE SCALE: 1/8" = 1'-0" APPROVED City of Miami Planning j Ie/fitment Date � 7 For W 13y PARKING TRAVEL LANE TRAVEL LANE PARKING VERGE SIDEWALK 70' NW 2ND. AVENUE / PROPOSED 70' ROW BY CITY OF MIAMI CAPITAL IMPROVEMENTS z COMMERCIAL obi T.O. FRAME sr +35.-0" AFF ROOF +17'-9" AFF GROUND FLOOR 0'-0" AFF OSITE PLAN KEY C SCALE: 1" =200' Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Ftorida 33127 FINAL WARRANT/WAIVER SUBMITTAL ,10 A-30 Street Section B - NW 2nd Avenue 1/8" = 1'-0" 6/6/17 OPPENHEIM ARCHITECTURE al 0 ROOF T-9"AFF 06, GROUND FLOOR11. 0'-0" AFF /2.-6/ 4' SIDE VERGE WALK PARKING TRAVEL LANE 50' - 10' j 6'-6" / 2' / 4' 2.-6" TRAVEL LANE PARKING VERGE SIDE WALK NW 28TH STREET/ PROPOSED 50' ROW BY CITY OF MIAMI CAPITAL IMPROVEMENTS OSTREET SECTION C - NW 28TH STREET SCALE: 1/8" = 1'-0" SITE PLAN KEY C SCALE:1" =200' NOTICE N ,III Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAVER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 A-31 Street Section C - NW 28th Street 1/8" = 1'-0" 6/6/17 OPPENHEIM ARCHITECTURE Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAVER SUBMITTAL City of Miami DatePlanning Department/ Date / $ I 7 F [ii,r doI7 -00 941 Y _ � Shed A-32 VIEW KEY Tale NOTICE View 1 - Pedestrian Plaza from NW 28th Street 6/6/17 OPPENHEIM ARCHITECTURE DESIGNATED CANVAS FOR FUTURE ROTATING ART INSTALLATION OR MURAL City of Miami ;inning Department Date /0447(7 VIEW KEY Wynwood Walk Thor Equities Prernas 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL snest A-33 View 2 - NW 2nd Ave from NW 29th St Corner - REV. #1 Prcbted 6/6/17 OPPENHEIM ARCHITECTURE Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 Sheet A-34 City cf Mani De a : Date /0//UV For Wu/roe- tO VIEW KEY View 3- NW 28th Street from NW 2nd Ave Corner Dale PrchAed 6/6/17 OPPENHEIM ARCHITECTURE Est; c. ' ctnnikkg Mt° (o/IQ/ 04(7 NOTICE DESIGNATED CANVAS FOR FUTURE ROTATING ART INSTALLATION OR MURAL jb ., �®11HI VIEW KEY s nee, Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL A-35 View 4 - NW 2nd Avenue - REV. ti1 230 NW 29th Street, Miami, Florida 33127 6/6/17 OPPENHEIM ARCHITECTURE 'APPROVED City of Miami P?:-,nrin Department NOTICE p Wynwood Walk Thor Equities 239- 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WANER SUBMITTAL rple A-36 View 5 - Building 4 from NW 28th Street 6/6/17 OPPENHEIM ARCHITECTURE City O'f anning• a .: VIEW KEY NOTICE Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WANER SUBMITTAL 230 NW 29th Street, Miami, Florida 33127 A-37 View 6 - NW 29th Street & NW 2nd Avenue Corner - REV. 61 6/6/17 OPPENHEIM ARCHITECTURE NOTICE VIEW KEV' Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WANER SUBMITTAL A-38 View 7- NW 28th Street na 6/6/17 OPPENHEIM ARCHITECTURE «f Plannan,� "_,- c me�4 Date /0/i0/12 Fo 1t''f i- jot? 'ojo 11L/ VIEW KEY Wynwood WaLk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Miami, Florida 33127 FINAL WARRANT/WAIVER SUBMITTAL A-39 View 8 - Aerial fd NW 28th Street & NW 2nd Avenue Corner OMe 6/6/17 OPPENHEIM ARCHITECTURE EXISTING NEIGHBORING j BUILDING /j�..:.- EXISTING BUILDING SO IT '0.00' rt A 4 N.W 29T/ /BEET (80' ROW) a\g EXISTING EXISTING BUILDING j BUILDING PEDESTRIAN PASEO 25,0"BBL SOUTH P.. - 21133 00' U N.W 28TH STREET (50' ROW) i" ___ 0 I, GENERAL ABBREVINION 10P Or MOM DUP. WS Concrete Paving COMETE Concrete Pavers Concrete Boodles Nekton Color Block Pavers Geometdcal Paving l'5 1 NOTICE 0 a w Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT / WAIVER SUBMITTAL Sheol L-1.10 Overall LVL 01 Hardscape Plan tanesarnenge, axe NATURALFICIAL, INC. 06/06/17 LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE / Ns - — - — — —� — I fi 4 \ M N.W 29T7S REST (80' ROW EXISTING NEIGHBORING BUILDING NORTH PI 150.00' EXISTING BUILDING 1 N•• TH P.L.- 207.53 OUTDOOR TERRACE GREEN ROOF EXISTING BUILDING 2 MIME ISM ME MEI ' —iI,11 N.W 28TH STREET (50' ROW) 3i z neemnicnpun GENERALABBREYIA11GN6 InceolvALL OFF d DEW Dae? 0//4/l7 Fo t/br I7-tlJ Lf ,.J COM1.1,110,NMEN NM' Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT/ WAIVER SUBMITTAL L1,11 overall LVL 02 Hardscape Plan landscape ...I Ode NATO RALFICIAL, INC. 06/06/17 LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE -- 3 RAISE PLANTER C B C1 0 -wuwNG SPACE MP.) (SEE CAL ENG. PADS.) EXECRATION TRENCH ACCE.) (SEE CIVIL ENG. owes.) STING OVERHEAD LINE (SEE SURVEY) CURB -- (SEEM!. ERG. DWGS.) NORTH P.L. • 207.53' NEW BUILDING 4 GRAPHIC LEGEND h llb PTREE IT WITH EASY MULCH SYSTEM (PAPA PROPOSED 4.. PS RACKS LOW PREVENT. AM 4.X3"REDUCER ISLE CNA ENO CROSS PROPOSED e' DOCV PER MGWAGD .I (SEE CML ENG. CRCS.) PROPOSED 4" RAZ MCNFLOW MEW PREVE RNHARTRECDGSE1 (SEE CIVIL ENG. DWGS.I DRAINAGE WELL (IYP)-J (SEE CIVIL ENG. PNGS) 001E1.1. POIMEVIATIONS LPILRETE TopoFvotirenrwu WILY. Ge bat 80 z NOTICE .3 p Wynwood Walk Ctrent Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT/ WAIVER SUBMITTAL Sneei L-1.20 Enlarged LVL 01 NATURALFICIAL, INC. 06/06/17 Hardscape Plan - MLA LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE CB__ Y DRAINAGE wELL INL ENG.DWGS.) LINE DENOTES RED CLEARANCE TRANSFORMERS TRANSFORMERS D ARCH. DWGS.) BIKE RACK -;:LTMTION TfENCH OYP.l'' iSEECMLENG. OWLS.) YARD DRAIN (T(R) (SEE CIVIL ENG. DWGS.) !WINDED SANITARY MANHOLE SEE CIVIL ENG. OwCs ) STANDARD C OF MIM(I SIDEWALK FINISH(TYR.) (SEE CIVIL ENG. OWCS.) EAST NG / OVERHEAD LINE (SEE SURVEIL SOUTH P.L. - 213.00' �ARKINC SPACE OYP) N.W 28TH STREET (50' ROW)—^ATIREEPI� ' (SEE CML EKG. DMA)EASY MJLGHSYGIEM (TVP.) GMPgO LEGEND —CURB &GUTTER (SEE GNAW. DWG& GENERAL ABBREVIATIONS Kean NOTICE N Aaron Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood. Miami, Florida 33127 FINAL WARRANT/ WAIVER SUBMITTAL w. L-1.21 Enlarged LVLO1 NATURALFICIAL, INC. 06/06/17 OPPENHEIM Hardscape Plan - ML B LANDSCAPE ARCHITECTURE ARCHITECTURE __ - _ _ _ - _ - ---BENGNERP. TT NORTH P.L. - 150.00' --IA__ CIB DRAINAGE WELL (SEE CIVIL ENG. OWG5.) oRE DENOTES R IRE ORME FORSFFR9 TRANSFORMER (SEEARCH. OWGSJ BUILDING EXISTING BUILDING _ g COURTYARD -STANDARGCm -CURB GUTTER OF MWII SIDEWALK (SEE CMS ENG. OWGS.1 ROAN OTA) (SEECML ENG. MOSS a"-T. I I TFARKNG SPACE UV) (SEE CIVIL ERG. OWLRS.) a Ir_ RIEITRS -tTT ERN PEDESTRIAN SASEU N.W 28TH STREET (50' ROW) MINOR LEGEND GENERAL ASBREVIATONB om IzaimLog AN si NOTICE Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT / WAIVER SUBMITTAL 230 NW 29th Street, Wynwood, Miami, Florida 33127 L-1.22 Enlarged LVL 01 NATURALFICIAL, INC. 06/06/17 Hardscape Plan - ML C LANDSCAPE ARCHITECTURE AlOrtett OPPENHEIM ARCHITECTURE GRAPHIC LEGEND ® ' +xxx GENERALPBBREWATING MOO, PLUIrEll Val/ IROPERTILM TOP Of G0.4% re Jctv_.0Ll4/ t &o ,r n019 -Qi'9G1 Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT/ WAIVER SUBMITTAL L-1.23 Enlarged LVL 02 Hardscape Plan NATURALFICIAL, INC. 06/06/17 LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE ®ENLARGED TYPICAL R.O.W. LAYOUT PLAN - SOUTH OF PROPOSED BUILDING FOUR 1 SCALE; IfiCsIR ®ENLARGED TYPICAL R.O.W. LAYOUT PLAN - SOUTH OF EXISTING BUILDING THREE ®ENLARGED TYPICAL R.O.W. LAYOUT PLAN - EAST OF PROPOSED BUILDING FOUR 2 SCALE '114,1-P CITY OF MIAMI STANDARD SIDEWALK FINISH GRAPHIC LEGEND C.O.M. STANDARD SIDEWALK FINISH ■ EASY MULCH TREE PIT SYSTEM 24"x24" CONC PAVER EASY MULCH TREE PIT SYSTEM Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT / WAIVER SUBMITTAL L-1.34 Typical R.O.W Layout Plans NATU RALFI CIAL, INC. 06/06/17 LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE ■ Y XTMODULAR CONCRETE PAVER WITH SAND SWEPT SW -JOINTS 2 GP CTED IE AG EC , BASE IIIIII—III I—III—IIII 11I III —III SAND SETTING BED OMPACTED SUBGRADE OTYPICAL PAVING DETAIL 1 SCALE 3'=1',0' CO SA NW VERGE@ A ra CUBSSeUmR ` C£®NW MOA 2' X 2'K 3M.CONCRETE MODULAR PAVERWIM SAND SWEPT BUTT JOINTS _— I IIII—I I I III IIIIIIIIIIIIIIIIII 1—IIIIII—III— IIIIII—III11 I OTYPICAL PAVER / PLANTER EDGE DETAIL SCALE: 3,1, TREE AND ROOTBALL -EASY MULCHI POROUS FLEXIBLE RUBBER PAVEUESCTCFLWH W1M SIDEWALK COLOR T0.0. MDEWPII{S2E VPRJES ONCRETE SIDEWALK OVER CRUSHED ROCK BASE, COLOR TO MATCH NEIGHBORHOOD STANDARD 7 1='7Y='7f=1f— o II -AM* I =n,,,,, ATI#i�l III11tn �n n n TIl�ll1=III hull i— — a� II dd�llk➢� i [� I I� J1911.48111L1J—�Illdll °—�v_v v P II II 1,�I,, II II II hIIIILk <= 4014^ u,W_�E-C,- NndKN D_B__R I1e=v i wrIiIIir.oenw =lliwlpt6n n n=K�in=- =i= S1ING ROADWAY `CONCRETE ' ODT BARRIER TO STRUCTURES SURFACE CURBAND GUTTER 36-DEPTH. TYPICAL (SEE CIVIL ENG. OWLS) OTYPICAL TREE PIT DETAIL 4 sCAIE: r=ra • SAND SETTING BED F MULCH ONCREIE CURB (SEE STRUCT. ENG. DWOSI OMPACTED AGGREGATE BASE OCT DAEMON TO ADEPM OF 2, OMPACTE SUBGRADE Derneesoe ETBACK OFPROPOSEDANO EXISTING SUILDINDS VARIES. SEE SHEET L-1.I00N HSCP PLAN. ANSION JOINT (SEE STRUM'. ENG. WIGS.) TREE PIT FILLED NATH C.U. STRUCTURAL SOIL. OMPACTED SUBGRADE STRUCTURAL SOIL TO BE COMPACTED IN B. LIFTS. CAST IN PUCE CONCRETE BLOCK WITH FINN FORM FINISH 2' X2 x 3I4' CONCRETE MODULAR PAVER WITH SAND SWEPT BUTT JOINTS TSAND SETTING BE COMPACTED AGGREGATE BASE COMPACTED SUBCRADE ra 1��II 1=I-11IHIII�I�1s'�_ �s���lEII III III 1 I I— III1 I IIIII 11 I I 1_IIIIII III IIII I III=I 1 I=III-11 II 11—III11 I=I I H I I1 I IIII=I I I ®TYPICAL.PLANTER BENCH SECTION 3 SCAIE:11?=,'=0 !APPROVED City of Miami Planning Department Date /)/! A /, For J©l7-YN N RN.A Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT / WAIVER SUBMITTAL 230 NW 29th Street, Wynwood. Miami, Florida 33127 L-2.10 Hardscape Details NATURALFICIAL, INC. 06/06/17 OPPENHEIM LANDSCAPE ARCHITECTURE ARCHITECTURE r' NATYRALFICIAL INC. I TNOR RANT LIST:201,05.02 R Cdr Ewan. 111 COMMON NENE FL Mira YES NO YES NO 16 CNN SNEENEsselb TOD SR n )V]FlN1ENii ---- ---- ---------// -- `b _ Nt- 52 / I I rt A 7r Lr- -_- _ 1 EXISTING 1� BUILDING 7 - 1 g ro NOTICE Wynwood Walk Thor Equities rnpn me,..s 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood. Miami, Florida 33127 FINAL WARRANT/ WAIVER SUBMITTAL L-3.10 Overall LVL 01 Landscape Plan NATURALFICIAL, INC. 06/06/17 LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE NATURALFICIAL INC. THOR PLANT LIST: 201 RII II II III 70r,, —_--0rir NG M® ®e■® ©�e•e LANDSCAPE KAN[GRAPHC LEGEND ItaVaaalln TF 1 TrlpcaarmrmManum Dwarf Fakahatchee Grass CMI I Comtllrinax Mlraguama Miraguama Palm 11111101 ISM - MFR I Medan&es/ragans Simpson's Stopper NOTICE LaPpRO G ED Cal.: it of Miami s ♦ p'aa.nnis J Da ir!t9_}.: nt rite �_rnc,v1 Tamed Mara Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT / WAIVER SUBMITTAL 0veraLL LVL 02 Landscape Plan NATURALFICIAL, INC. 06/06/17 LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE U 1 TF(TBDI TF'iRD TF:Tan: C NOTES: 1. SEE SHEET L-3.10 FOR PROPOSED PLANT LIST. M 1 TF 10'-0" SETBACK / ///I LANDSCAPE ELAN I GRAPHIC LEGEND Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT/ WAIVER SUBMITTAL L•3.20 Enlarged LVL 01 NATURALFICIAL, INC. 06/06/17 Landscape Plan - MLA LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE Wynwood Walk UTBJITF (T8D)T ITBD)TF TBJ TI (90F I ITB ITTDITF NOTES: 1. SEE SHEET L-3.10 FOR PROPOSED PLANT LIST. Thor Equities �rH \.[ f SP2- —711 66 DoDoi()CGJ/f6 ilk Fo( (14- �7-oo 19 j 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT / WAIVER SUBMITTAL 230 NW 29th Street, Wynwood, Miami, Florida 33127 IL21 MIL(B) rne L-3.21 Enlarged LVL 01 NATURALFICIAL, INC. 06/06/17 OPPENHEIM Landscape Plan - ML 8 LANDSCAPE ARCHITECTURE ARCHITECTURE APPROVED City of &iiam Planning Dep Date17 zio7izo 44 RFVI EW CO' NOTES: 1. SEE SHEET L-3.10 FOR PROPOSED PLANT LIST. NOTICE Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT / WAIVER SUBMITTAL 230 NW 29th Street, Wynwood, Miami, Florida 33127 L-3.22 Enlarged LVL 01 NATURALFICIAL, INC. 06/06/17 OPPENHEIM Landscape Ptan - ML C LANDSCAPE ARCHITECTURE ARCHITECTURE 11( PEDESTRIAN PASEO (BELOW) 6-0" SETBACK - L NDSCAPF PLIXIOMVHC LEGEND MIME NOTES: 1 SEE SHEET L-3.11 FOR PROPOSED PLANT LIST. APPROVED City of Miami Planning Department Date Client Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT / WAIVER SUBMITTAL L-3.23 Enlarged LVL 02 Landscape Plan NATURALFICIAL, INC. 06/06/17 LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE GENERAL PLANTING NOTES ANDSPECIFICATIONS WARRANTY 00.000,000031-111,..001141 rtrc o.[ TFEEIPALM I&IIXAIISN mEx�mruwesrw.�na 1OTREE PROTECTION DETAIL SCALE: NT.S )MEDIUM TREE PLANTING & STAKING DETAIL 2 SCALE, NTS OPALM PLANTING AND STAKING DETAIL SCALE: NTS APPROVED City of Miami Planning Department Date I0/1V7 1111f111 III IIIIII 11 E11 -"1-1 I1-11 J 11=11-IJIg OSMALL TREE PLANTING AND STAKING DETAIL OLAARGETREE PLANTING AND STAKING DETAIL ©SHRUB PLANTING DETAIL SCALE: N.TS SCALE: NIS OGROUNDCOVER PLANTING DETAIL SCALE: WITS ®VINE PLANTING DETAIL SCALE'. N.TS 9OPLANT SPACING DETAIL SCALE: WITS N 4, CMS.' E00110i0.0.• Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT / WAIVER SUBMITTAL 230 NW 29th Street, Wynwood, Miami, Florida 33127 L-3.30 General Planting Details and Notes Ehe NATURALFICIAL, INC. 06/06/17 LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE / ///\// /// /\/jam// //\�j\ XXXXXX KXXXQ:XXX OINTENSIVE GREENROOF SECTION 1 SCALE: X.T.S. —WIND NETTING "6 GREATER GROWING MEDIA SEPARATION FABRIC 2" POLLUTION CONTROL GRAVEL OR GEO SYNTHETIC DRAINAGE MAT PROTECTION LAYER ROOT RATED WATERPROOF MEMBRANE INSULATION (-;,-DECK PLANTING ASSEMBLY-AXONOMETRIC SOLE: OM. OOF DECK OIL / UTRIENi FILTER BY OTHERS ILTER FABRIC + NUTRIENT FILTER ERFORATED PLANTER DRAIN PIPE ILTER FABRIC MATERIAL OVER PIPE LTER FABRIC OVER FILTER FABRIC LASTIC TIES 12" 0.C. LASTIC TIES EACH CORNER LTER FABRIC OVER ROOT BARRIER/ DRAINAGE MAT OPERFORATED PLANTER DRAIN W/ FILTER FABRIC DTL SCALE: NAM RAVEL FILL AERATION PANEL ROTECTION BOARD 00T BARRIER WATERPROOFING SECONDARY CONCRETE SLAB IP CONCRETE SLAB SLOPE ('-')PLANTER TERMINATION BAR TUCCO FINISH ETAL CNTRFLSHG. DROFLEX 30 OR RB ONOLITHIC MEMBRANE 6125 FR OR STD. City of 1Y?i. Planning D Date �Q II v SLOPE PLA TIN = 'UWTING SOIL TERMINATION BAR (SEE DETAIL 5 ON L3.31 STUCCO FINIS CONCRETE WALL (SEE STRUCT. ENG. DWGS.) FINISH FLOOR (REFER TO HARDSCAPE SLOPES CONCRE TOPPING O3CONCRETE PLANTER DETAIL SCALE: N.T.S. RRIGATION PIPE (SEE IRRIGATION PLAN) XTEND WATERPROOFING MEMBRANE VERTICAL UP TO UNDERSIDE OF EXPANSION JOINT COVER (TYP.) LTER FABRIC OVER POLLUTION CONTROL MAT WATERPROOFING (SEE WATERPROOFING CONSULT. DWGS.( RAINAGE MAT OOT BARRIER UTRIENT FILTER(BY OTHERS) TO WRAP DRAIN AND PERFORATED PIPE RUDED POLYSTYRENE INSULATION ONCRETE STRUCTURAL SLAB (SEE STRUCT. ENG. DWGS.) —PLANTER DRAIN RANTING UTRIENT FILTER (BY OTHERS) TO WRAP AROUND DRAIN AND PIPE —PLANTER DRAIN (SEE PLUMBING DETAIL 2 ON L3.31) —{ CONCRETE STRUCTURE (SEE STRUCT. ENG. DWGS.) ©TYPICAL PLANTING ASSEMBLY DETAIL 3.113 NOTICE N Y Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT / WAIVER SUBMITTAL L-3.31 r. Greenroof Hardscape NATURALFICIAL. INC. 06/06/17 OPPENHEIM Details LANDSCAPE ARCHITECTURE ARCHITECTURE r /� EXISTING NEIGHBORING BUILDINGB a NORTH. P.L. - 150.00' t EXISTING BUILDING i cTiz I LrJ CCM EXISTING BUILDING 1 /�_—__—__ Q P h r� N.W 29T/'STREET (80' ROW) \g @ q I 1 I CNt NE• P.L.- 207.53' /['PEDESTRIAN/4\ PASEO 71K4'— U�YLa _. SO TH P.L- 213 00' N.W 28TH STREET (50' ROW) • EXISTING BUILDING 2 NEW BUILDING 4 Cloth 1 66KINd SPECIFICATIONS 60E1ER 1.1101 S DSCAPEUGNTING FIXTURE OCNEDI.LE I GROUNDFLDOG REF APPLICNROX INNFACRJRER DGOAPE PLAN IUFUIPHIC LEGEND 8M tr a1 NOTES: n IVIES In NOTICE T PTC �';.T•"y' 01 .. IRl Plonnilng Department 4o(7 -004j4/ 1. SEA SHEET L-3.10 FOR PROPOSED PLANT LIST. Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT / WAIVER SUBMITTAL L-4.10 Overall LVL01 NATURALFICIAL, INC. 06/06/17 Landscape Lighting Plan LANDSCAPE ARCHITECTURE OPPENHEIM ARCHITECTURE F- / ' r 'I PEDESTRIAN �I�-- PASEO / —b — — P /b P 1 - - - ----------------------------= MO 1 a I LANDSCAPE LIGHTING FIXTURE SCHEDULE! GRGUNG FLOOR APPLICATION IAQUFACTEIEll IKINIAILBER DEMIPTION IMES LAHGSCAPFPWII GRAPHICLEGEXD ka7.-.-aiTag Department do NOTES'. 1. 84 SHEET L3.11 FOR PROPOSED PLANT LIST, Wynwood Watk Thor Equities Pre. Address 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue 230 NW 29th Street, Wynwood, Miami, Florida 33127 FINAL WARRANT/ WAIVER SUBMITTAL L-4.11 Overall LVL02 NATURALFICIAL, INC. 06/06/17 Landscape Lighting Plan LANDSCAPE ARCHITECTURE Arch OPPENHEIM ARCHITECTURE 0 PU$�/ 4 (. ' 0 4- a. EXCEPTION FOR ALCOHOL SERVICE ESTABLISHMENT 239 NW 28 STREET, BUILDING 2, SPACE E, MIAMI, FL 331 BOTTLED BLONDE MIAMI, LLC PZ-20-6099 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-mahing bodywIIL renew the information at the public hearing to render a recommendation or a final decision. Basis for Review / Compliance with Criteria under Section 4-7(b) of City Code PZ-20-6099 12/07/20 Q�� Ew c°, Pursuant to Sections 4-5 and 4-7 of the City's Code of Ordinances, as well as Article 6, Table 13 and Article 7.1.2.6 of Miami 21, an Exception is required for any business classified as an Alcohol Service Establishment of over 5,000 square feet within the Wynwood Cafe Specialty District to be considered and approved by the Planning, Zoning and Appeals Board based on demonstration of satisfaction of criteria listed in Section 4-7(b) of the City's Code of Ordinances. Applicant meets the criteria as described below: a. An operational/business plan that addresses hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application. Hours of Operation: The Applicant plans to operate the establishment Monday — Sunday from 11:00 am — 3:00 am. Number of Employees: The Applicant employs approximately 90 employees, with approximately 35 employees working during any given shift. Menu Items: See food and cocktail menu attached as PZD-09. Business Goals and other Operational Characteristics: Located within the Wynwood Walk development, Bottled Blonde is a casual neighborhood pizzeria and bier garden by day and a dance hall at night. Attractive dining and lounge seating sets the tone for a contemporary Italian menu that continually evolves with seasonal specials to compliment one of 20+ craft beers. The ambiance is both rustic and relaxed with artistic nods to classic east coast craft breweries. During the evening, Applicant will play dancing music while patrons enjoy a menu of specially curated cocktails. On weekends, brunch is served alongside favorite sporting team events with jumbo projector walls and 50+ HDTVS. b. A parking plan which fully describes where and how the parking is to be provided and utilized, e.g., valet, self -park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed. The city commission or the PZAB, as applicable, may grant approval for one hundred percent (100%) of the required parking to be located offsite within a distance of six hundred feet (600) from the subject Alcohol Service Establishment if the proposed parking is to be "self -park" and a distance of one thousand feet (1,000) from the subject Alcohol Service Establishment if the proposed parking is to be by "valet' 52083863;1 NOTICE Pursuant to a 30% reduction in parking requirements obtained by through Warrant and Waiver Final Decision 2017-0044, and due to its to 1/4 mile of a Transit Corridor, 30 parking spaces are to be provided on development. A copy of Warrant and Waiver Final Decision 2017-0044 is PZD-03. Also attached are copies of the Miami Parking Authority On-Stree Verification Letter dated June 22, 2017 (PZD-07) and City of Miami Permanent 0 Street Parking Certificate Waiver dated February 21, 2019 (PZD-08). Of these 30 on - street parking spaces, 3 spaces are allocated to the establishment.1 Thls suemmal needs to be scheduled fora puboc hearing In accordance wtth timelines set forth in the City of Miami Code. The apptlwde decision -making body ...AIL renewthe information at the pubc hearing to render a recommendation or a final decision. 44, REVIEW CO' PZ-20-6099 12/07/20 Additionally, due to the availability of on -demand ride share companies like Uber and Lyft, and multiple public parking garages and lots within walking distance of the establishment, the available parking is more than sufficient. c. For Alcohol Service Establishments proposing capacities over three hundred (300) persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the Alcohol Service Establishment and already on the premises will be controlled. The establishment proposes a capacity of three -hundred fifty-two (352).2 In connection with a crown control and security plan, the Applicant's security personnel and staff will: • Require proper identification; • Keep alcohol from leaving the premises; • Keep an accurate count of patrons entering the building so as to not exceed capacity; • Set up a rope line to ensure crowd management and keep the exit clear when at or nearing capacity; • Ensure that walkways are clean and clear and the exits are not obstructed and maintained clear at all times; • Identify overly intoxicated patrons and refuse entry at the door; • Escort overly intoxicated persons to a cab or release to family/friends; • Receive training in and be able to deescalate any situation that may result in an altercation; • Maintain awareness of surroundings and inform management of any property damage immediately; • Ensure rapid response in case of emergency by equipping security and management with radio headsets; • Provide proper attire with identification to security personnel so that patrons and law enforcement my easily and quickly identify them; and • Enforce a strict dress code. 1Per the Parking Requirements set forth in the Zoning Information / Project Data contained in A-02 of the enclosed plans, thirty (30) on -street parking spaces have been allocated to Wynwood Walk, which includes a net lot area of 71,493 SF. The subject establishment has a net lot area of 8,285 SF. Based on the above, three (3) on -street parking spaces are allocated to the establishment pursuant to the Plans. 2 The referenced capacity of three -hundred fifty-two (352) persons, as set forth in sheet LS-201 Life Safety Plan, includes a patron seat count of two -hundred three (203) (see A-301 Furniture Floor Plan) and one -forty-nine (149) back of house personnel 2 52083863;1 4 (. ' 0 4- d. A security plan for the Alcohol Service Establishment and any parking fa NOTICE This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-makIng bodywill renew the Information at the public hearing to render a recommendation or a final decision. 44, RSVI EW CO PZ-20-6099 12/07/20 Applicant will provide and monitor security cameras that will afford coverage of t e entire venue. For security personnel, during peak hours there will be a security guard checking identification at the front door. Additionally, Applicant's staff will check identification to enforce patron age restrictions and maintain overall control. See also response to Subsection (c) above. e. For Alcohol Service Establishments proposing capacities over three hundred (300) persons, a traffic study and traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. The establishment proposes a capacity of three -hundred fifty-two (352).3 A Traffic Study and Traffic Circulation Analysis is attached as PZD-14. f. A sanitation plan which addresses on -site facilities as well as off -premises issues resulting from the operation of the Alcohol Service Establishment. g The Applicant contracts with a sanitation removal company for the removal of waste daily. Additionally, staff keeps the premises and trash area clean. There will be one large enclosed trash room as reflected in LS-201 Life Safety Plan. Additionally, staff will maintain the surrounding area clean. Proximity of proposed Alcohol Service Establishment to Districts - Residential. The closest residential district and residential use is approximately eight hundred (800') from the Property. See Alcohol Reservation Letter PZ-19-5205 and accompanying Liquor Survey attached as PZD-06. h. If the proposed Alcohol Service Establishment is within two hundred feet (200') of any residential use, a noise attenuation plan that addresses how noise will be controlled shall be required, especially in the case of indoor/outdoor uses. There is no residential use within 200' of the Property. See Alcohol Reservation Letter PZ-19-5205 and accompanying Liquor Survey attached as PZD-06. 3 The referenced capacity of three -hundred fifty-two (352) persons, as set forth in sheet LS-201 Life Safety Plan, includes a patron seat count of two -hundred three (203) (see A-301 Furniture Floor Plan) and one -forty-nine (149) back of house personnel 3 52083863;1 40 N. Phone (3 Fax (305) www.miamiparking.c This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde. The applica tie decision -making bodywill renew the information at the public hearing to render a recommendation or a final decision. Date: 6/22/2017 City of Miami Department of Planning and Zoning 444 SW 2nd Avenue Miami, Florida 33128 Re: Parking Spaces at _239 — 329 Nw 28 St, 2800 — 2838 Nw 2 Ave, 230 Nw 29 St_, Miami, FL. PZ-20-6099 12/07/20 This letter is being submitted as proof that Mr. Erin L. Sutherland has contacted the Miami Parking Authority in order to verify the number of parking spaces available for use by customers of this prospective business to be located at 239 — 329 Nw 28 St, 2800 — 2838 Nw 2 Ave, 230 Nw 29 St Miami, FL. After carefully reviewing the site plans provided by the customer, we have confirmed that there will be 6 spaces on Nw 29 St, 9 spaces on Nw 2 Ave, and 15 spaces on Nw 28 St that will be readily available once the construction is completed. Should any other information be required of this office regarding this application, please do not hesitate to contact me directly at 305-373-6789. Respectfully, Humberto Escandon Senior Manager of Operations City of Miami • Permanent Off -Street 11I1Itl1IIII1111l Parking Certificate of Waiver This Permanent Certificate of Off -Street Parking Waiver ("Permanent Waiver") of required off-street parking spaces is issued to the owner of the property ("Property Owner") listed below, subject to applicable conditions as specified by Chapter 35 Article V of the Miami City Code, as amended, including the payment of all applicable fees to the -FN _2 OR. BK 31324 R'E:C:ORDEE HARVEY IIANI--DA tJr rLOf- WA, GOON i Y OF e HEREBY CERTIFY tHAis a tri e c **nal flied is Thu ofce D 1 4 designee for Wynwood Business Improvement District(BED)MrNEss and Yn P BEY RUSIN, CLERK, 239-329 NW 28 ST, 2800-2838 NW 2 AVE 230 NW 29 ST Property Address THOR WYNWOOD WALK OWNER, LLC Property Owner 25 W 39 ST, NY, NY 11018 Property Owner's Mailing Address 212.529.7428 Property Owner's Telephone/ Facsimile No. 01-3125-024-3040, 01-3125-024-3050, 01-3125-024-3140, 01-3125-024-3150, 01-3125-024-3160, 01-3125-024-3170, 01-3125-024-3180 Property Folio Number No. of Required Spaces 43 AD20 This subrn tal needs to he scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The appticatle decision -making body wilt review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Court D.0 Legal Description: Lot 1, LESS the East 10 feet thereof, all of Lots 2,3 and 4, in Book 18 of "NORTHERN BOULEVARD TRACT", according to the plat thereof as recorded in Plat Book 2, at Page 29, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: Lots 18, 19, and 20, LESS the South 9.90 feet as per Official Records Book 3266, at Page 474 of the Public Records of Miami - Dade County, Florida, and all of the Lots 21, 22, and 23, and Lot 24, LESS the East 5 feet thereof and LESS the West 5 feet of the East 10 feet of the North 45 feet, in Block 18 of "NORTHERN BOULEVARD TRACT", according to the plat thereof as recorded in Plat Book 2, at Page 29, of the Public Records of Miami -Dade County, Florida Subject to the following provisions, and pursuant to the information submitted by the Applicant, this Permanent Waiver is granted for 13 required parking spaces. 1). Appropriate payments or arrangement for payment have been made with the designee of the Wynwood Business Improvement District (BID). 2). Upon filing of a written request with the Director of Planning and Zoning, this Permanent Certificate of Waiver shall be transferable to a new owner of 'the Property; provided all applicable fees, if any, are current and any other applicable requirements have been satisfied. This Waiver shall not be leased, sold or transferred separately from the Property, except as provided in Chapter 35 Article V of the Miami City Code, as amended. 3). This Permanent Certificate of Waiver shall be applicable only to the allowable zoning use for which it is issued. New development or additions, or any construction generating additional square footage of floor space or increasing the floor area ratio, shall be required to comply with the applicable parking requirements or obtain waivers, at that time, subject to Chapter 35 Article V of the Miami City Code, as amended. Dated this I I day of R.b(t: V , 20 . Director of Plannifg4d Zoning Sworn to and subscribed before me this ` day of Frli.0 -1 , 20 c1. Notary Public/ My DEPARTMENT OF PLANNING & ZONING Personally Known -K Or provided Identificatfon, Form of ID CITY OF MIAMI • DEPARTMENT OF PLANNING 444 S.W. 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33130 PHONE: (305) 416-1400 / FAX: (305) 416-2156 WYNW pizzeria + beer garden + nightlife This submittal needs to be scheduled bra public hearing in accordance wM1h timelines set forth In the City of Miami Code. The appliutte decision -making body will renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Private & Corporate Event Inquires: Events©eegaz.com 1480.429.6000 www.EveninsEntertainmentGroup.com OEN pizzeria + beer garden + nightlife 3STARTERS • BURRATA 10 Marinated Tomato, Salsa Verde, Saba, Grilled Flatbread TARTUFO FRIES 9 Seasoned Fries, Truffle Oil, Parmigiano, Parsley PIZZA FRIES Crispy Fries, Mahon, Pepperoni, Mozzarella, Pizza Sauce, Parmesan This submittal needs to be scheduled fora public in accordance wAh timelines set forth in the Ci' Miami Code. The applicade dcision-making bo renew the infomrabon at the pubo hearing to m recommendation or a final decia on. PZ-20-6099 12/07/20 ADD: CHICKEN +5 I HERB GRILLED BB HOUSE GF Mixed Greens, Quinoa, Tomato, Pickled Onions, Cucumber, Olives, Pepperoncini, Calabrese Salami, Balsamic Vinaigrette 0 CLASSIC CAESAR 105° Romaine Hearts, Parmigiano, Grilled Focaccia Croutons, Grilled Lemon, Parmigiano Dressing BISTECCA WEDGE* 1050 Butter Lettuce, Tomato, Gorgonzola Crumbles, Black Pepper Candied Bacon, Crispy Shallots, Buttermilk Dressing FARMER GF 12 Mixed Greens, Dates, Feta, Tomato, Brussels Sprouts, 10 Carrots, Pistachios, White Balsamic Vinaigrette FRESH HOUSE MOZZARELLA STICKS . 850 Italian Bread Crumbs, Parmigiano, Low Moisture Mozzarella, Pomadoro, Ranch PEPPERONI PIZZA ROLLS 11 Pizza Sauce, Parmigiano, Basil SAUSAGE PIZZA ROLLS 11 Basil Pesto, Parmigiano CAULIFLOWER GRATINATA 9 Roasted Cauliflower, Provolone, Herbed Breadcrumbs ROASTED BRUSSELS SPROUTS GF. . .. 9 Gorgonzola, Pine Nuts, Black Pepper Candied Bacon POLPETTI 10 House -made Veal 8, Beef Meatballs, Pomodoro, Basil SHRIMP S CALAMARI FRITTI 12 Crispy Shrimp & Calamari, Pickled Peppers, Pomadoro, Grilled Lemon CHICKEN WINGS 13 BBQ, Calabrian Chili Glaze, Traditional Hot, or Dry Rub, Served with Traditional Garnish ANTIPASTI PLATTER 16 Chef's Selection of Cured Meats R Cheeses, Olives, Pepperoncini, Tomato Jam, Flatbread SANDWICHES SERVED WITH HOUSE -MADE FRIES LI' SIMPLE SALAD "DOUBLE B" BURGER* 14 2 Signature Blend Angus Patties, Cheddar Cheese, Shaved Lettuce, Tomato, Bread R Butter Pickles, Chili Aioli, Sesame Bun IMPOSSIBLE BURGER u 14 100% Plant -Based Patty, Vegan Cheddar Cheese, Lettuce, Tomato, Onion, Vegan Garlic Aioli, Toasted Bun THE ITALIAN 13 Oven -baked Genoa Salami, Calabrese Salami, Mortadella, Capicola, Fontina, Shaved Lettuce, Hot Giardiniera, Tomato, Garlic Aioli CHICKEN PANINI 13 Marinated & Grilled Chicken Breast, House -made Mozzarella, Bacon, Tomato Jam, Garlic Aioli CHICKEN PARMESAN 13 Crispy Chicken Cutlet, Mozzarella, Pomodoro, Basil 6F= GLUTEN FREE U=UEGFIN *Items are cooked to order, and may be served raw or undercooked with raw or undercooked ingredients.Consuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of foodborne illness. HAPPY HOUR 3-7PM ••• M-F $6 CRAFT BEERS $4 DOMESTIC $2 OFF WELL COCKTAILS $6 WINE '/2 OFF PIZZAS 3-6PM M-F t o H 19 10" MITI! I.FflD Of mOI1UATIIU ing 1001IIJI1 THE PEP 12 Pepperoni, Ricotta, Basil, Red Sauce MARGHERITA 12 Burrata, Tomato, Basil, Roasted Garlic Puree, EVOO THE FORAGER 12 Fontina, Roasted Mushrooms, Rosemary, Arugula, Truffle Oil SALSICCIA 12 House -made Italian Sausage, Pickled Onions, Oregano CARNIVORO 14 Italian Sausage, Pepperoni, House -made Meatballs, Mozzarella FORMAGGIO 12 Mozzarella, Mahan, Fontina, Basil, Black Pepper BBQ CHICKEN 14 Roasted Chicken, Gouda, Red Onion, BBQ, Cilantro PESTO 14 Prosciutto, Mozzarella, Marinated Tomato, Pine Nuts GIAR❑INO 12 Feta, Brussel Sprout Leaves, Marinated Tomato, Green Pepper, Roasted Mushrooms, Red Onions, Giardiniera, Pesto SUPREMO 14 Pepperoni, Sausage, Fresh Mozzarella, Red Onion, Mushroom, Black Olive, Green Pepper HOT, FRESH nay DELICIOUS PASTA BUCATINI B❑LOGNESE House -made Meat Raga, Bucatini Pasta, Po Parmigiano, Rosemary CHICKEN FLORENTINO 14 Herb Grilled Chicken, Spinach, Roasted Mushroom, Bucatini Pasta, Creamy Parmesan Sauce, Lemon Zest SPAGHETTI B MEATBALLS 14 House -made Veal & Beef Meatballs, Pomodoro, Basil, Parmigiano MAC & CHEESE 10 Corkscrew Pasta, Gouda, Mozzarella, Mahon Cheese Sauce, topped with Parmigiano & Italian Breadcrumbs UPGRADE YOUR MAC: ADD CHICKEN+S; MEATBALLS+4; BACON OR ITALIAN SAUSAGE +3; SPINACH, MUSHROOMS OR ONIONS +2 IVV I IL: This subm*al needs to be scheduled fora public hearing accordancein M timelines set forth in the City of Miamw Code. The applicabe decision -making body roll renew the information at the pubbc hearing to renaera racommendationorafine ldeoiaon DESSERTS PZ-20-6099 12/07/20 ZEPPOLE 6 House -made Doughnuts, Graham Cracker Sugar, Nutella, Vanilla Cream CINNAMON APPLE ROLL 6 House -made Pastry filled with Sweet Ricotta & Cinnamon Brown Sugar Apples, served with Vanilla Sauce * * * * * * * * * 1121 RUNH 11Am-3P1i1 511T If SUn AVOCADO TOAST 8 2 Slices of Focaccia, Avocado, Burrata, Arugula, Balsamic Drizzle BRUNCH PARFAIT 8 Honey Yogurt, Fresh Berries, Granola BLONDE BENEDICT 13 2 Poached Eggs, Avocado, Calabrlan Chili Hollandaise, Prosciutto, Grilled House Bread, choice of Side THE CLASSIC 12 Choice of Bacon or Italian Sausage; 3 Eggs Any Style, Ciabatta Toast, Triple Berry Jam, choice of Side STEAK B EGGS* 15 Herb Grilled Sirloin, 2 Eggs Any Style, Roasted Tomato, Asparagus, Ciabatta Toast, Triple Berry Jam, choice of Side ROMAN BREAKFAST PIZZA 11 House Blend Cheese, House Potatoes, Fontina, Bacon, Egg, Rosemary, Lemon Zest SKILLET SCRAMBLE 12 Choice of Chicken Sausage or Italian Sausage Scrambled Eggs or Whites, Spinach, Mushrooms, Fontina, Peppers & Onions, Breadcrumbs, choice of Side BREAKFAST BURRITO 12 Choice of Chicken Sausage, Bacon, or Italian Sausage Scrambled Eggs or Whites, Spinach Tortilla, House Breakfast Potatoes, Avocado, Cheddar, side of Pico de Gallo PANCAKE BITES 10 Choice of Buttermilk, Chocolate Chip or Blueberry, served with Maple Syrup FRUIT & CHEESE BOARD 12 Chef's Selection Fresh Fruit & Berries, Assorted Cheeses, Fruit Dip AVAILABLE SIDES: SEASONAL FRUIT SALAD • or HOUSE BREAKFAST POTATOES • *Items are cooked to order, and may be served raw or undercooked with raw or undercooked ingredients.Cansuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of foodborne illness. Chat Reel 805 6 Blonde Ale, 4.70% ABV Firestone Walker Brewing Co., Paso Robles, CA Ace Pineapple Cider 6 Cider, 5.00% ABV California Cider Co., Sebastopol, CA Crush Cucumber Sour 7 Sour Ale, 5.00% ABV, 4 IBU 10 Barrel Brewing Co., Bend, OR Dos Equis XX Lager Especial 6 Mexican Golden Lager, 5.60% ABV, 23 IBU Cuauhtemoc-Moctezuma Brewery, Monterrey, MEX Deschutes Fresh Squeezed IPA 7 American IPA, 6.40%ABV, 60 IBU Deschutes Brewery, Bend, OR Estrella Jalisco 7 Mexican Pilsner, 4.60% ABV, 10 IBU Deschutes Brewery, Bend, OR Goose Island 312 6 American Pale Wheat Ale, 4.20% ABV, 20 IBU Goose Island Beer Co, Chicago, IL Guinness Draught 7 Irish Dry Stout, 4.20%ABV, 45 IBU St. James's Gate Brewery, Dublin, IRE Kona Big Wave 6 Golden Ale, 4.40% ABV, 21 IBU Kona Brewing Company, Kailua, HI Kona Longboard Island Lager 6 American Pale Lager, 4.60% ABV, 20 IBU Kona Brewing Company, Kailua Kona, HI Lagunitas IPA 7 India Pale Ale, 6.20% ABV, 45.6 IBU Lagunitas Brewing Company, Petaluma, CA Odell IPA 7 India Pale Ale, 7.00%ABV, 60 IBU Odell Brewing., Fort Collins, CO Modelo Especial 6 Lager, 4.50%ABV, 18 IBU Groupo Modelo, Mexico Shock Top Belgian White 6 Witbier, 5.20% ABV, 28 IBU Anheuser-Busch, St. Louis, MO Shock Top Lemon Shandy 6 Shandy, 4.00% ABV Anheuser-Busch, St. Louis, MO Sierra Nevada Hazy Little Thing IPA 7 American IPA, 6.70% ABV, 40 IBU Sierra Nevada Brewing Company, Chico, CA Stella Artois 6 Euro Pale Lager, 5.00% ABV, 30 IBU Stella Artois, Leuven, BE Widmer Hefeweizen 6 Hefeweizen, 4.90% ABV, 30 IBU Widmer Brothers Brewing Co., Portland, OR This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-mahing body...AIL renew the information at the public hearing to render a recommendation or a final decision. pizzeria + beer garden + nightlife S'ap,eti Tube eeot Towel 112oz - Domestic 45, Import 55 Loam eee'i Loaded Pear Cider 14 Jack Fire and Ace Pear Cider Loaded Stella 14 Deep Eddy Lemon and Stella Loewe Coat Beet Four Peaks Hop Knot IPA 7 American IPA, 6.70% ABV, 47 IBU Four Peaks Brewing Co., Tempe, AZ Four Peaks Kilt Lifter 6 Scottish -Style Ale, 6.00% ABV, 21 IBU Four Peaks Brewing Co., Tempe, AZ Four Peaks Peach Ale 6 Golden Ale with Fruit, 4.20% ABV, 9 IBU Four Peaks Brewing Co., Tempe, AZ The Shop Church Music 6 Juicy IPA, 6.70% ABV, 46IBU The Shop Beer Co., Tempe, AZ Domes & Drat Bud Light 6 Light Lager, 4.20% ABV Anheuser-Busch, St. Louis, MO Michelob Ultra 6 Light Lager, 4.20% ABV Anheuser-Busch, St. Louis, MO Rattled, Bud Light 6 Budweiser 6 Coors Light 6 Miller Lite 6 Michelob Ultra 6 Corona 6 DosEquisXX 6 Heineken 6 8ucke 8eeit (5) Domestic 25, Import 25 Un� ect4' Jameson Caskmates 13 Stella Artois 6 Modelo 6 Blue Moon 6 Peroni 6 PZ-20-6099 12/07/20 4 G 0 4- Q EXCEPTION FOR 4COP QUOTA ALCOHOLIC BEVERAGE LICE 239 NW 28 STREET, BUILDING 2, SPACE E, MIAMI, FL 331 BOTTLED BLONDE MIAMI, LLC PZ-20-6099 COMPLETE LIST OF ALL FOLIO NUMBERS & PROPERTY ADDRESSES TO WHICH APPLICATION APPLIES NOTICE This submittal needs to be scheduled fora public hearing In r.cordancewM1h timelines set forth in the City of Miami Code. The applicade decision-makIng body ...IC renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Rt, I EW COV Folio Number Address 01-3125-024-3040 239 NW 28 Street Miami, Florida 331251 a/k/a 2838 NW 2 Avenue Miami, FL 33125 1 Note subject property is located at Building 2, Space E. 51857522;1 1111111 IIflI 11111 PUBL., This instrument eras prepared by and should be returned to: Wachtel Missry LLP 885 Second Avenue, 47th Floor New York, New York Attn: Morris Missry, Esq. Folio Nos.: 01-3125-024.3040 01-3125 .4-3050 0 1-312 r-04-3140 01-3125-024.3150 01-3125-024-31 0 01-3125-024-3170 01-312 5-024-31 0 SPECIAL WARRANTY DEED CFH 2 OR BK 30749 RECoRDE DEED IM SURTAX HARVEY R C1'AM -I AD NOTICE This submittal needs to be scheduled for a public healing In accordance wilt tmellnes set forth in the City of Miami Code. The applies de deoIsion-making bcdy will review the Informagon at the public hearing to render a recommendation or a final decia on. PZ-20-6099 12/07/20 *41/! EW CO ' THIS SPECIAL WARRANTY DEED, made this day of October, 2017, between Thor 2809 NW rd Ave LL, whose mailing address is; 25 West 391h Street, New York, New York ("Grantor") and Thor Wynwood Walk Owner LLC, whose mailing address is: 25 West 39Lh Street, New York, New York ("Grantee'), WITNESSETH that said Grantor, for and in consideration of the sum of Ten Dollars (S10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has grated, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida,, to -wit; See Exhibit "A" attached hereto Subject To:. 1. Taxes and assessments for the year 2017 and subsequent years. 2. Conditions, restrictions, limitations and easements of record, if any, without hereby reimposing same. Together with the easements, privileges, tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. And said Grantor does hereby covenant with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property, and that Grantor hereby specially warrants the title to said /and, and will defend the same against the 1avyfu1 claims of all persons claiming by, through or under Grantor, but none others. 'Grantor" and "Grantee" are used for singular or plural, as context requires. O0O263-19StO0v97 i13-2 c Book30749/Pagel 776 CFN#20170630364 PUBLie F. 0 rt- SIGNATURE OF GRANTOR ON FOLLOWING PAGE NOTICE Thla submittal needs to be scheau lee for a public healing In accordance wilt tmellnes set forth in the City of Miami Cede. The applies de aeolsion-making bcdy will review the lnformagon at the public hearing to render a recommendation or a final decia on. V RED! EW CO PZ-20-6099 12/07/20 WE 9 951{II113976 C 3-7 PUBLIC, Book 0749/Pa el777 CFN#20170630364 0 4 0k NOTICE This submittal needs to be scheduled for a public healing In accordance wilt tmellnes set forth in the City of Miami Code. The applies de deoIsion-making bcdy will review the Informagon at the public hearing to render a recommendation or a final decia on. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day year first above written. Signed, sealed and delivered in the presence of: (As to all) Witness 4 Print Name: Witness - Print N STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) On the eday of talk(in the y a< 117 More me,the undersigned a Notary Public in and for said state, personally appeared S Ilia* acting as Authorized Signatory of Thor 2800 NW 2nd Ave LLC, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of whiph the individual acted, executed the instrument THOR 2800 NW 2"n AVE LLC, a Delaware limited I aility company ka�rlay, rxit crized Signatory PZ-20-6099 12/07/20 blic NOTARY I ueuc. STATE OF NM YORK i 07316113352 QualikddNeiYak Commission Es piles <4, V co�� 0. 26-195+000916[.1-2 PUBL., Book30749/Page1778 CFN#20170630364 EXHIBIT A Land Description Parcel 1: Lot 1, LESS the East 10 feet thereof, and all of Lots 2, 3 and 4, Block 18, of NO T iERN BOULEVARD TRACT, according to the plat thereof, as recorded in Nat Book 2, Page 29, of the Public Records of Miami -Dade County, Florida, 0 4 OR BK 30 LAST PAGE NOTICE Thia submittal needs to be scheduled for a pubic hearing ccoraance wl r timelines set fonh in the cityof Miami Cede. The appficade decision-maing bodywilf review he information at the pubbc hearing to render a recommendation or a final deciaon. PZ-20-6099 12/07/20 RE V� r ew co�Q TOGETHER WITH: Fots 18, 19 and 20, LESS the South 9,90 feet thereof, and all of Lots 21, 22, 23, and 24, LESS the East 5 feet thereof and LESS the West 5 feet of the East 10 fee of the North 45 Feet, in Block 18, of NORTHERN BOULEVARD TRACT, according to the plat thereof, as recorded in P1aE Book 2, Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 2: Easement and right-of-way rights over the East 10 feet of Lot 17, Block 18, of said Northern Boulevard Tract, according to the plat thereof, as recorded in Plat Book 2, Page 29, as set forth in the Easement Agreement recorded October 6, 1947 in Deed Book 2921, Page 124, of the Public Records of Ivfiarni-bade County, Florida, as assigned in that Assignment of Easement Agreement recorded June 28, 1975 in Official Records Book 9024, Page 1505, of the Public Records of Miami -Dade County, Florida, Less the South 9.90 feet thereof; as assigned in that Assignment of Easement recorded March 2, 1995 in Official Records Book 16699, Page 2630, of the Public Records of Miami -Dade County, Florida. a$3b752.2639v,1 49265-649 FM-11BIT A, Land Description - Solo Page 49265-649/w d vt'+Mlk (Thor) G�� 0 rt- PUBL., 6,11 F'r ON Book30749/Page1779 CFN#20170630364 20170630364 NOTICE Thla submittal needs to be scheau lee for a public healing In accordance wilt tmellnes set forth in the City of Miami Cede. The applies de aeolsion-making bcdy will review the lnformagon at the public hearing to render a recommendation or a final decia on. V REVIEW CO ' PZ-20-6099 12/07/20 WRITTEN CONSENT OF LES CORIERI NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Mlami Code. The applicable decislon-making bodywill renew the Information at the public hearing to render a recommendation or a final decidon. The undersigned, being the sole Managing Member of Bottled Blonde Miami, LLC, a PM' limited liability company (the "Company"), does hereby consent and agree to the adoption of, and does hereby adopt, the following resolutions of the Company in lieu of holding a meeting in accordance with the governing documents of the Company, and directs that these resolutions be filed in the records of the Company: PZ-20-6099 12/07/20 WHEREAS, in regard to the Company's leasehold property at 239 NW 28 Street, Building 2, Space E, Miami, Florida 33125, the undersigned Managing Member deems it advisable and in the best interests of the Company for the Company to submit an application to the City of Miami seeking approval of an Exception for Alcohol Beverage Service Establishment at the property (the "Application"); and WHEREAS, in connection with the preparation, filing and formal review and processing of the Application, including without limitation the execution and delivery of any and all documents and forms required for the Application, the undersigned Managing Manager deems it advisable and in the best interests of the Company for the Company to grant Ian G. Bacheikov, Melissa Fernandez-Stiers, and Alicia Bhambhani a power of attorney pursuant to that certain Power of Attorney attached hereto as Exhibit A (the "Power of Attorney"). NOW THEREFORE, BE IT RESOLVED, that the Application and the Power of Attorney are hereby authorized, approved, adopted, confirmed and ratified in all respects; FURTHER RESOLVED, that any member, manager, officer or other authorized representative of the Company (each being referred to herein as an "Authorized Person"), including without limitation Les Corieri acting as Bottled Blonde Miami, LLC's Managing Member, in each case acting alone, be and hereby is, authorized and empowered to execute and deliver on behalf of the Company any and all agreements, instruments, certificates or documents necessary to consummate or effectuate the Application and the Power of Attorney, in the name and on behalf of the Company; FURTHER RESOLVED, that each Authorized Person is hereby authorized, empowered and directed, in the name and on behalf of the Company to make or cause to be made, and to execute and deliver, all such agreements, documents, instruments and certifications, and to do or cause to be done all such acts and things, and to take all such steps, as he or she may at any time or times deem necessary or desirable in order to carry out the intent and purposes of the foregoing resolutions; and FURTHER RESOLVED, that the authorities and approvals hereby conferred shall be deemed retroactive, and any and all acts authorized and approved herein that were performed prior to the passage of this resolution be, and they hereby are, approved, ratified and confirmed in all respects. IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of the iq day of , 2020. B BOTTLED BLONDE MIAMI, LL, MANAGING MEMBER: LES CORIERI EXHIBIT A POWER OF ATTORNEY NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Mlami Code. The applicable decislon-making bodywill renew the Information at the public hearing to render a recommendation or a final decidon. PZ-20-6099 12/07/20 KNOW ALL MEN BY THESE PRESENTS, that Bottled Blonde Miami, LLC, a Florida limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint IAN G. BACHEIKOV, MELISSA FERNANDEZ-STIERS, and ALICIA BHAMBHANI its true and lawful attorneys in its stead to execute all documents and instruments required with respect to an application for an Exception for Alcohol Beverage Service Establishment under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the City of Miami, for the property located at 239 NW 28th Street, in Miami, Florida, giving and granting unto IAN G. BACHEIKOV, MELISSA FERNANDEZ-STIERS, and ALICIA BHAMBHANI, its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the aforementioned Exception application as fully, to all intents and purposes, as it might or could do if personally present (including, without limitation, preparing, executing and filing all documents and applications and attending all hearings and meetings), with full power of substitution and revocation, hereby ratifying and confirming all that said attorneys or their substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this %y4day of (ma, , 2020. Signed and delivered in the presence of: Witness Name Witness Sig dflt9;- W ness Name ess Signature At V2-11 VIQ,2 rY L STATE OF f —c- ) ) SS: Bottled Blonde Miami, LLC By: Nes Corieri Title: Managing Member NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Mlami Code. The applicable decislon-making bodywill renew the Information at the public hearing to render a recommendation or a final decidon. PZ-20-6099 12/07/20 COUNTY OFW \ccf ) The foregoing instrument was acknowledged before me this IA day of rek- x--;cz A 2020, by Le3 (c k who is personally known to me or who has produced a Dcw )Zrt Li c as identification. NOTARY PUBLIC Print Name: My commission expires: 10 10-Z I ZOZ ASHLIE MAST Notary Public - Arizona Maricopa County My Comm. Expires Oct 2, 2021 PUBL/c G O a Note: Annual Registration Expires on 12/31/2020 CITY OF MIAMI LOBBYIST REGISTRATION FORM NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCede. The applicable decision -making body will renew the information at the public hearing to render a r commendation or a final deciaon. .q► PZ-20-6099 12/07/20 RF Instructions: Please complete all sections of this form and submit the completed form, with the app fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. I�� EWCO Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Bacheikov, Ian. G. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YF,S Business Phone: 305-982-5669 NO (you must check YES or NO) Email: Ian.Bachiekov@akerman.com Business Address (include Zip Code): 98 SE 7th Street, Suite 1100, Miami, FL 33131 (2) Principal Represented: Bottled Blonde Miami, LLC Arm �Zl Q I ,rg"� ) d 1� (Name of corporation, partnership, trust, etc., you a c representing) (3) Business Address (include Zip Code): 5830 E. Caballo Drive, Paradise Valley, AZ 85018 IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". Les Corieri, 5830 E. Caballo Drive, Paradise Valley, AZ 85018 (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Alcoholic beverage related land use and zoning matters related to 239 NW 28 Street, Building 2, Space E, Miami, Florida 33125 Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: elerks@miamigov.com miamigov.com CM-LRF (Rev. 01/2020) G 0 PUB&/c Personally Known: (5) Lobbyists shall be required to state the existence of any direct or indirect business associati financial relationship with the Mayor, any member of the City Commission, any member of City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. sheet if needed. If this section is not applicable you must type or print "None" or "N/A". N/A NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCede. The applicable decision -making body will renew the information at the public hearing to render a r commendation or a final deciaon. PZ-20-6099 12/07/20 RE IEW COV Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any, one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to Lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics, & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as amended, STATE OF Florida COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me by means of of+..wr! gnature of Notary Public OR Produced Identification: Type of Identification Produced: Sigiiatrre of Lobbyist physical presence or online notarization, this Z c- -ZO , by a e-, . ,_ IA„e,A 'u (Year) (Name of person making statement) I't Name of Notary Typed, Printed or Stamped +• MY COMMISSION # GG 383153 EXPIRES: December 4, 2023 e `• Bonded 11 u Notary Pubic lh>dewiturs day J - i ivy.' FOR OFFICE USE ONLY: Check# Receipt CM-LRF (Rev. 01/2020) Page 2 of 2 CALTRAN ENGINEERING GROUP QuygiiyeamiJo, die/aw 4 Bottled Blonde Restaurant Traffic Impact Study PUBL, NOTICE This submittal needs to be scheduled for a public hearing In accordance with tl mellnes set forth in the City of Miami Code. The applied tie decision-rna king body will revlewthe Information at the public hearing to render a recommendation or a final decia on. PZ-20-6099 12/07/20 T6-8-O ORK Caltran Engineering Group, Inc. 790 NW 107 Avenue, Suite 200 Miami, FL 33172 Phone: 786-456-7700 Fax: 786-513-0711 CALTRAN DATE: FROM: TO: March 3rd, 2020 Juan S. Calderon, PE, PTOE, Project Manager Krista Karnis ONE Sotheby's International Realty 119 Washington Avenue, #102 Miami Beach, FL 33139 SUBJECT: Bottled Blonde Restaurant - Traffic Impact Study Engineer's Certification NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applicade decision -making bodywill review the infonnaion at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 I, Juan S. Calderon, certify that I currently hold an active Professional Engineer's License in the State of Florida and I am competent through education and experience to provide engineering services in the civil and traffic engineering disciplines contained in this report. I further certify that this report was prepared by me, or under my responsible charge, as required by Chapter 61G15-18. F.A.C. and that all statements, conclusions and recommendations made herein are true and correct to the best of my knowledge and ability. %t*IIIIIIIiII NO" S . CAL�F',,�i ��� JP ••'�G E N S ' • No 58569• Juan S Calderon *i • = 2020n3 na •aA•aA-ns'nn' • 1 '0. r. .(r O:• STATE OF. o, i, < \7,,'0,. . ; ; ..., THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY ON THE DATE ADJACENT TO THE SEAL PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. CALTRAN ENGINEERING GROUP 790 NW 107 AVENUE, Suite 200 MIAMI, FL 33172 CERTIFICATE OF AUTHORIZATION 29379 JUAN S. CALDERON, P.E. NO. 58569 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page i CALTRAN PU$1.IC Bottled Blond,( 0 4- Q 4 1Y Op NOTICE TaDle oI Contents This aubmtanceetlstobellnesseebrapubchearing In accordance needs t beschesetforth in theCityan Mlaml Codehe applicable decision he rring body will renewthe mica labor at the public hearinng to render 1. Anal sis Methodologye ommentlatl°°°rafinal°e`i°on y PZ-20-6099 2. Introduction 1,A 12/07/20 Qv4v 3. Existing Conditions (Scenario 1) R 3.1. Existing Geometric Conditions MEW CO 3.1.1. Roadway Network Segments 4 3.2. Traffic Data Collection 5 7 4.1. Growth Analysis 7 4.1.1. Historical Traffic Data 7 4.1.2. Travel Demand Model Forecast Data 9 4.1.3. Traffic Growth Rate Analysis 10 4.2. Committed Development 10 5. Future Build -Out Conditions (Scenario 3) 12 5.1. Trip Generation 12 5.2. Trip Distribution 12 6. Traffic Operational Analysis 17 6.1. Level of Service Analysis 17 6.2. Concurrency Analysis 18 7. Conclusion and Recommendations 18 4. Future No Build -Out Conditions (Scenario 2) List of Figures Figure 1. Study Area Location Map 3 Figure 2. Study Area Network Lane Assignment and Intersections Control Type 6 Figure 3. Existing Conditions TMCs for AM and PM Peak Hours 8 Figure 4. TMS Station Location 9 Figure 5. Future No Build -Out Conditions TMCs for AM and PM Peak Hours 11 Figure 6. Trip Distribution Pattern 13 Figure 7. Distribution of Bottled Blonde Restaurant Generated Trips 15 Figure 8. Forecasted Build -Out Conditions TMCs 16 List of Tables Table 1. 24-Hour Volume Count Data 5 Table 2. Historical AADT 7 Table 3. SERPM 8.0 Growth Data 9 Table 4. Bottled Blonde Restaurant Trip Generation 12 Table 5. Cardinal Distribution 12 Table 6. Roadway Network Intersections Level of Service Analysis 17 Table 7. Concurrency Analysis as per the FDOT Generalized Tables 18 idy 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page ii CALTRAN List of Appendix Appendix A. Site Plan Appendix B. Traffic Data Appendix C. Seasonal Factor Documents Appendix D. Growth Analysis Appendix E. Trip Generation Documents Appendix F. Trips Distribution Documents Appendix G. Signal Timing Documents Appendix H. Synchro Reports Appendix I. Concurrency Analysis Documents This submidel needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-makIng bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page iii CALTRAN Executive Summary CALTRAN Engineering Group, Inc. (CALTRAN, Inc.) was retained Sotheby's International Realty to evaluate the potential traffic impact, identify roadway circulation needs, determine potential mitigation measures, and critical traffic issues that should be addressed upon the proposed Bottled Blonde Restaurant development planning process. This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. The proposed restaurant is intended to be located at 2838 NW 2nd Avenue, Wynwood, FL 33137 within the City of Miami in Miami -Dade County. The restaurant is part of a larger development known as Wynwood Walk which has already being approved by the City. The following provides a summary of traffic impact study: • For the proposed Bottled Blonde Restaurant development, trip generation analysis contemplated the most conservative scenario of trip generation forecast rates. The trip generation analysis was performed under the following land use: o 932 - High Turnover (Sit -Down) Restaurant • As the analysis concluded, a maximum of 88 and 87 trips could be generated for the AM and PM peak period of the adjacent roadway, respectively. • As per concurrency analysis, an acceptable level of service will be experienced along NW 2nd Avenue. 1. Analysis Methodology Evaluation was performed in accordance to FDOT (Florida Department of Transportation) Traffic Impact Analysis Handbook guidelines. Field observations, data collection, and traffic operations were analyzed using the capacity analysis methodology published in Highway Capacity Manual (6th Edition) through Synchro 10.0 Analysis software. Three (3) development scenarios were analyzed as part of the traffic impact analysis. ➢ Scenario 1 - Existing Conditions: A baseline establishment of current traffic demands during a regular weekday between the peak hours between 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 1 CALTRAN ➢ Scenario 2 - Future Conditions; No Build (2022): Consistent wit traffic and historical trends within the study area, a growth rate wi into the Existing Conditions (Scenario 1) analysis. Likewise, developments within the vicinity will be applied to the network acc This submittal needs to he scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 This scenario will be the baseline for the impact of the development upon buildout. ➢ Scenario 3 - Future Conditions; Build -Out (2022): The additional A.M. and P.M. peak hour trips generated by the Bottled Blonde Restaurant (under the 10th Edition of The ITE Trip Generation Handbook) will be included into the future network conditions. For each of the three (3) scenarios, a level of service analysis for both AM and PM peak hours is provided at the intersections of NW 2nd Avenue with NW 28th Street and NW 2nd Avenue with NW 29th Street. 2. Introduction The Bottled Blonde Restaurant includes a Bar to be located at 2838 NW 2nd Avenue, Wynwood, FL 33137 within the City of Miami in Miami -Dade County. The proposed restaurant will occupy 8,890 S.F. building area on the Folio No. 01-3125-024-3040, which will be composed of dining, kitchen, BOH (Back of House), and restrooms. This restaurant is part of a larger development (Wynwood Walk) which has already being approved by the City. The site plans can be found in Appendix A. Per City of Miami 21 Code, this type of establishment requires an exception under Section 4-7 (5) for alcohol service establishments with proposing capacities over 300 persons which requires a traffic study and traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. A street map illustrating the location of the proposed development is shown in Figure 1. 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 2 CALTRAN es Ter Italy cil Property location: 2838 NW 2nd Avenue, Wynwood, FL, 33137, City of Miami Folio Number: 01-3125-024-3040 P • Northwest 29th Strti-' 266 268 21801 23g 329 2S.: 2800 Northwest 28th Street • o _ en-A:pod Northwest 270 Terrace ell nig un. ri,L, 2 5 2-,71-03 1-0 7 a eD. • • LBK ilX1 Shoes 26k; 21,0 Corp F.. ' '1! I 0 025 0 05 Wynwood Walls 1 0_1 0 15 Bottled Blond( 0 4•' t10 12o:I 138 201 • .1, 1 1 1 37 3 We 3‘7-jf, Northwest 30th Street 85 =3031 - -1 7,6E P 1 1'9 145 131 CI ='• ve, p I P 1-1; I 1r, In t JV 33rdst IW 32ndS1 NW 31st-St NW 30th Si Prices Addliion to SLJirnot Rai St Jame s10.4,11 Nvv etti St NW 2 7th S NW 26111 St Nliv 2 5 th S t 0_2 Miles 138 Figure 1. Study Area Location Map Northwest 25 NOTICE This submittal needs to be scheduled for a pubLic hearing In accord ance Intl timelines set forth in the City of Miarr, Code. The dppLklo decision-malgIng body...AIL renew the Information oltho pubk hearing to render a recommendation or a final decision PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 3 CALTRAN 3. Existing Conditions (Scenario 1) Existing conditions evaluation includes an assessment of the curre geometry, traffic operations and dynamics during peak hours of weekdays AM to 10:00 AM and 4:00 PM to 6:00 PM time period within the study area. This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 3.1. Existing Geometric Conditions A detailed field review was conducted to determine the existing intersection geometry, traffic control devices and other factors which may affect intersection or roadway segment capacity. The following is a detailed description of segments in the studied roadway network. 3.1.1. Roadway Network Segments Three (3) roadways segments were identified within the limited of the affected roadway network. Existing geometric conditions are presented as follows: NW 29th Street: is a two-way east -west Active Off System Urban Major Collector FDOT Road with Roadway ID 87000437 and presents the following typical section characteristics (between mileposts 1.500 and 1.600 which is adjacent to study area): • Lane width: 2 lanes per direction, 2-11 feet lane and 2-12 feet lanes (46 feet paved road in total) of the roadway segment • Outside shoulder: 8-feet paved followed by 2-feet curb with resurfacing at each direction • Median: No median provided • Sidewalk: No sidewalk provided NW 2nd Avenue: is a two-way north -south Active Off the System Urban Major Collector FDOT Road with Roadway ID 87068500 and presents the following typical section characteristics (between mileposts 1.000 to 1.100 which is adjacent to study area): • Lane width: 1 lanes per direction, 2-10 feet lane of the roadway segment with auxiliary left turn lanes of 9 feet width at the intersection with N.W 29th Street (95 feet northbound left -turn lane and 125 feet southbound left -turn lane) • Outside shoulder: 9-feet paved followed by 2-feet curb & gutter on both sides • Median: 9-feet paved median presented along the segment • Sidewalk: No sidewalk provided 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 4 CALTRAN NW 28th Street: is a two-way east -west local road under the City of Miam the following typical section characteristics: • Lane width: 2 lanes per direction, 2-10 feet of the roadway segment • Outside shoulder: No outside shoulder provided • Median: No median provided • Sidewalk: No sidewalk provided Figure 2 illustrates lane assignments and traffic control type at the study area intersection. 3.2. Traffic Data Collection This submittal needs to be scheduled fora public hearing in accordance wiHn timelines set forth in the City of Miami Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Consistent with the FDOT Data Collection methodologies, traffic data was collected on a typical weekday during Tuesday, February 18th, 2020 including one (1) one 24-hour volume count and two (2) 4-hour turning movement counts (TMCs) within the study area at below locations: 24-Hour Volume Count Sites 1. NW 2nd Avenue Between NW 29th Street and NW 28th Street Turning Movement Count Sites 1. NW 2nd Avenue & NW 28th Street 2. NW 2nd Avenue & NW 29th Street Daily volume counts can be seen in Table 1. The existing Turning Movement Counts are also illustrated in Figure 3 for AM and PM peak hours. Raw data collection information can be found in Appendix B. This should be noted that the development falls into Miami -Dade South category for Seasonal Weekly Adjustment Factor and consequently a PCSF of 0.96 is applied on the raw data for analysis purpose. Seasonal factor table is documented in Appendix C. Table 1. 24-Hour Volume Count Data Location: NW 2nd Avenue North of NW 28th Street Direction AM Peak PM Peak Northbound 373 617 Southbound 648 525 Daily Volume 6,721 7,289 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 5 CALTRAN Bottled Blonde Site Location NW 28th Street CALTRAN ENGINEERING GROUP Bottled Blonde Restaurant Traffic Impact Study 2838 NW 2nd Avenue, Wynwood, FL, 33137, City of Miami Bottle, G0 .,Vr IMF NOTICE Note: This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will rev ew the Information at the public hearing to render a recommendation or a final decin on_ Figure 2. Study Area Network Lane Assignment and Intersections Control Type PZ-20-6099 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com "act Study 2 Page 6 CALTRAN 4. Future No Build -Out Conditions (Scenario 2) Consistent with background traffic historical growth trend and Southe Planning Model (SERPM 8.0) trends, a growth rate was factored into the cur evaluation analysis. Future traffic forecasts are developed for the years until ex build -out conditions for the Bottled Blonde Restaurant with an opening year of 2022. This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 4.1. Growth Analysis Future growth rates were based on the most conservative values obtained through the methodology described in FDOTs Project Traffic Forecasting Handbook. A growth rate factor of 2.01% will be applied to the all roadway network. The highest variation in traffic was determined and provided within the impact study. Growth analysis can be found on Appendix D. 4.1.1. Historical Traffic Data Based on the FDOT 2018 Florida Traffic Online, Traffic Monitoring Site (TMS) 878612 was identified within the area of the project site. Table 2 summarizes the historical AADT (Annual Average Daily Traffic). Figure 4 shows the traffic monitoring site location. Table 2. Historical AADT Traffic Station Location Year AADT 878656 NW 29th Street, 200' West of NW 7th Avenue 2018 2017 2016 2015 2014 8,600 9,600 9,800 8,600 8,700 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 7 Bottled Blonde Site Location NW 28th Street CALTRAN ENGINEERING GRC'IIP 32 (69)- 362 (254)- 77 (75)-4, Bottled Blonde Restaurant Traffic Impact Study 2838 NW 2nd Avenue, Wynwood, FL, 33137, City of Miami This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will revew the Information at the public hearing to render a recommendation or a final decin on_ PZ-20-6099 Note: numbers in figure are AM (PM) TMCs adjusted by a SF of 0.96 Figure 3. Existing Conditions TMCs for AM and PM Peak Hours 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 8 "act Study t G� CALTRAN J NW 2a1h 5[ Portable Traffic Monitoring Site: Road Name' NW 29 ST Site: 878656 Description: NW 29TH AVE, 200 FT W OF LIS-4411NW 7TH AVE Seolion: 87000437 Milepainl: 0 98 f01/6n113' 25 89357,-8020792 AADT 8600 Site Type: Portable Class Data: No K Factor: 9 D Factor'. 543 T Factor. 7.2 TRAFFIC REPORTS: Miami -lade County: Annual Average Daily Traifie SITE 878656. Historical AADT Data No Synopsis Report available Ebrllevird Farb 6 NW 259, 5t Z � Suehlne NW 2701 51 NW 26th Or 1 .I tse de Diego Mddle Robert E. Lea Park Bottled Blond,( 0 4- NW tarn St NW 32na St NW 51 t St Bottled Blonde Development Location NY D 6 Ereida MHartner Ed mesls rt. School Ersida A4 as Hartner Ela enLrry _. 14,W 29th_St — — — — NW 2aeh St 45RS9 NOTICE This submittal needs to be scheduled fora pubic hearing in accordance wilt Itme roes set forth in the City of Miami Code. The applied de decision -making body will review the infonnagon at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 g NW 27rh Ter NW lath Ter NW 27th 5t NW 25th 5t Figure 4. TMS Station Location 4.1.2. Travel Demand Model Forecast Data sin N NV As per the SERPM 8.0 model network, highest AADT's variations in traffic between the years 2015 and 2045 along NW 29th Street and NW 2nd Avenue, is as presented in Table 3. Reference to the regional model can also be seen in Appendix D. Table 3. SERPM 8.0 Growth Data 2015 SERPM Source Location Forecasted ADT 2045 SERPM Forecasted ADT Compound Annual Growth Rate (CAGR) Southeast Florida Regional Planning Model Version 8.0 NW 29th Street, W of NW Thad Avenue 10,454 NW 29th Street, E of NW 2ad Avenue 8,693 NW 2ad Avenue, N of NW 29H' Street 4,026 NW 2ad Avenue, S of NW 29th Street 4,409 16,123 0.0145 12,946 0.0134 9,896 8,510 0.0304 0.0222 Average Study Area CAGR 0.0201 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 9 CALTRAN 4.1.3. Traffic Growth Rate Analysis This analysis is based on the correlation between FDOT historical traffic Model volumes; forecasted traffic volumes for the Opening -Year (2022) we after analyzing and computing the appropriate and applicable forecast metho each segment. Forecast methodologies include the following: This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 • Regression analysis of 5 years of most recent historical AADTs from FDOT counts sites. By Using the FDOT-Traffic Trends Analysis Tool V2.0., three regression analyses (Linear, Decaying, and Exponential Growth) were applied to the Historical AADT volumes on FDOT's Traffic Monitoring Sites in order to determine the historical annual growth rate. The regression method with highest R-Square (Decaying Exponential) analysis shows Compound Annual Growth Rate of 1.39% can be used. Analysis details are provided in Appendix D. • Growth between the base year (2015) and forecast year (2045) of SERPM roadway volumes. The regression shows 2.01% Compound Annual Growth Rate should be applied. Based on the annual growth rates obtained, traffic analysis zone patterns characteristics and knowledge of the area, it was determined that a conservative 2.01% Compounded Annual Growth Rate could be applied to the roadway network in the studied area as potential future traffic growth. The future volume adjustments were found by multiplying existing volume by the Growth factor; Growth Factor (GF) was calculated by using the following formula: GF = (1+r)Y r = Compound Annual Growth Rate y= Number of Years This percentage based on years to future build -out conditions (2 year) yields a Growth Factor of 1.041 could be applied the traffic within study area. 4.2. Committed Development No additional committed developments were identified around the study site, and thus no additional trip demands are considered in this analysis. Figure 5 illustrates forecasted no build -out traffic for both peak hours of the study area. 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 10 Bottled Blonde Site Location NW 28th Street CALTRAN ENGINEERING GRC'IIP 33 (72)- 377 (265)- 80 (78)-4, Bottled Blonde Restaurant Traffic Impact Study 2838 NW 2nd Avenue, Wynwood, FL, 33137, City of Miami Bottle, £- !M a NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will revew the Information at the public hearing to render a recommendation or a final decin on_ PZ-20-6099 Note: numbers in figure are AM (PM) TMCs estimated for future no build -out scenario Figure 5. Future No Build -Out Conditions TMCs for AM and PM Peak Hours 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 11 "act Study CALTRAN 5. Future Build -Out Conditions (Scenario 3) Based on the results obtained in the Scenario 2- Future Conditions, the a and PM peak hour trips generated by the proposed development (considers Edition of The ITE Trip Generation Handbook through the Online Traffic Impact Software (OTISS)) are being added to the future network conditions. This submidel needs to be scheduled fora pubic hearing In accordancwM1h timelines set forth in the City of Miami Code. The applica decision-mahing body...AIL renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 5.1. Trip Generation The trip generation for the proposed land used was determined using ITE Land Use Codes 932; High Turnover (Sit-down) Restaurant. Table 4 provides the summary of trip generation for proposed building. OTISS Trip Generation reports information can be found on Appendix E. Table 4. Bottled Blonde Restaurant Trip Generation Proposed Land Use Size (1000 Sq. Ft.) Weekda,< Weekday, Peak Hour Of Adjacent Street Traffic, One hour between 7 -9 AM Weekday, Peak Hour Of Adjacent Street Traffic, One hour between 4 -6 PM 932 — High Turnover (Sit - Down) Restaurant 8.90 Entry I Exit Total 499 I 499 I 998 Entry 48 Exit Total Entry Exit 40 88 54 33 Total 87 5.2. Trip Distribution Trip distribution is a function of the origin and destination of the site users and the available roadway system. Traffic circulation for this development was determined based on the interpolation 2015-2045 Miami -Dade Long Range Transportation Plan Traffic Analysis Zone (TAZ) 511 (3411 - Regional TAZ) patterns, as well as knowledge of traffic flow patterns and the roadway system in the area. Miami Dade County TAZ percentages can be found in Appendix F. Table 5 provides percentage, as well as numerical trip distributions for the 2015 and 2045. Data for the year of 2022 (proposed opening year) is estimated based on the interpolation. Figure 6 illustrates the trip distribution pattern based on the cardinal distribution. Table 5. Cardinal Distribution County TAZ Regional TAZ Year Cardinal Distribution NNE ENE ESE SSE SSW WSW WMW NNW Total 511 3411 2015 2045 Trips Percentage Trips Percentage Interpolate for year 2022 Trips Percentage 390 14.1 590 13.8 437 14.0 91 3.3 183 223 8.1 184 4.3 214 6.9 408 14.7 546 12.8 440 14.1 372 13.4 749 17.6 460 14.7 632 22.8 887 20.8 692 22.2 292 10.5 521 12.2 345 11.1 363 13.1 603 14.1 2,860 100 4,416 100 419 13.4 3,119 100 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 12 NW 29th Street Bottled Blonde Site Location NW 28th Street CALTRAN ENGINEERING i GRC'IIP Bottle, £- !M 4 NOTICE Cardinal Distribution Bottled Blonde Restaurant Traffic Impact Study 2838 NW 2nd Avenue, Wynwood, FL, 33137, City of Miami figure 6. Trip Distribution Pattern 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will revew the Information at the public hearing to render a recommendation or a final decia on_ PZ-20-6099 Page 13 "act Study CALTRAN Following assumptions are made for trip assignments based on cardinal d ➢ The trips from SSW & SSE will take NW 2nd Avenue northbound and parking along NW 2nd Avenue. Same traffic will drive southbound to e equal to 28.8% (14.1%+14.7%) of the trips. ➢ Trips from ENE & ESE will use NW 29th Street westbound and make a left at NW 2nd avenue to use on -street parking along this avenue. Same traffic will drive southbound NW 2nd Avenue, make a left turn at NW 28th Street and exit. This is equal to 10.5% (3.6%+6.9%) of the trips. ➢ Trips from NNW & NNE take NW 2nd Avenue southbound and make a right to NW 29th Street to use on -street parking along NW 29th Street. Same traffic make a left at intersection of NW 29th Street and NW 2nd Avenue to travel north and exit. This is equal to 27.4% (13.4%+14.0%) of total trips. ➢ The trips from WNW & WSW will take NW 29th Street and use parking along this street. This traffic use NW 29th Street eastbound and make a left at NW 2nd Avenue to go north and then toward west when exit. This is equal to 33.3% (11.1%+22.2%) of the trips. Figure 7 shows the number of trips to/from bottled blonde restaurant based on this distribution assumptions and trip generation and Figure 8 shows the forecasted volume of traffic for build -out condition. This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision-mahing body...AIL renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 14 Bottled Blonde Site Location NW 28th Street CALTRAN ENGINEERING GROUP Bottled Blonde Restaurant Traffic Impact Study 2838 NW 2nd Avenue, Wynwood, FL, 33137, City of Miami This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will rev ew the Information at the public hearing to render a recommendation or a final decin on_ PZ-20-6099 Note: AM Peak, Entering 1 AM Peak, Exiting PM Peak Entering 1 PM Peak, Exiting Figure 7. Distribution of Bottled Blonde Restaurant Generated Trips 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 15 "act Study t G� Bottled Blonde Site Location NW 28th Street CALTRAN ENGINEERING GRC'IIP 57 (92)- 377 (265)- 80 (78)-4, Bottled Blonde Restaurant Traffic Impact Study 2838 NW 2nd Avenue, Wynwood, FL, 33137, City of Miami Figure 8. Forecasted Build -Out Conditions TMCs Bottle, £- !M a NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will revew the Information at the public hearing to render a recommendation or a final decin on_ PZ-20-6099 Note: numbers in figure are AM (PM) TMCs estimated for future no build -out scenario 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 16 "act Study CALTRAN 6. Traffic Operational Analysis 6.1. Level of Service Analysis This traffic analysis utilizes Synchro 10.0, which applies methodologies outlin This submidel needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Highway Capacity Manual, 2000 and 2010 and 6th Edition. LOS Analysis tor signalized/un-signalized intersections are based on the amount of control delay which is a measurement in seconds per vehicle that acts as an indicator of lost time, fuel consumption, frustration and driver's discomfort at the signalized intersections. The level of services for signalized intersections is a scale from "A" to "F" in accordance with control delay thresholds that range from less than 10 seconds to greater than 80 seconds of delay per vehicle. Signal timing information were downloaded from Miami -Dade County Traffic Signal ArcGIS portal which can be seen in Appendix G. The Level of Service analysis concluded that as expected with additional density and the new development, intersections will have a small increase in traffic demands and delays; nevertheless the analysis show that the intersections will be able to perform acceptable during peak traffic conditions under future conditions. A summary of Synchro results can be viewed in Table 6 with full Synchro reports for all scenarios can be found in Appendix H. Table 6. Roadway Network Intersections Level of Service Analysis NW 29th Street NW 2'd Avenue o' Scenario Peak AM Approach Intersection EB Delay 9.7 LOS A WB Delay 11.4 LOS B NB Delay 28.9 LOS C SB Delay 43.9 LOS D De14. 24.7 C Existing Conditions PM 9.8 A 12.2 B 34.5 C 27.6 C 20.9 C No Build Conditions AM 9.8 A 11.7 B 30.0 C 49.6 D 26.7 C PM 9.9 A 12.5 B 36.7 D 28.3 C 21.8 C Build Out Conditions AM 9.9 A 12.0 B 30.1 C 55.0 E 28.4 C PM 10.5 B 12.8 B 37.0 D 29.6 C 22.2 C NW 28th Street & NW 2nd Avenue Existing Conditions AM 20.9 C 33.7 D 0.5 A 0.2 A 2.5 A PM 42.1 E 39.9 E 0.2 A 0.3 A 3.4 A No Build Conditions AM 21.8 C 37.8 E 0.5 A 0.2 A 2.6 A PM 45.9 E 44.1 E 0.2 A 0.3 A 3.7 A Build Out Conditions AM 22.9 C 41 E 0.5 A 0.2 A 2.7 A PM 49.9 E 47.7 E 0.2 A 0.4 A 3.9 A 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 17 CALTRAN 6.2. Concurrency Analysis Pursuant to typical County Concurrency Management Systems, the adjac development segments should be operating at an acceptable level of service peak hour periods. This submidel needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-mahing body...AIL renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 The level of services along NW 2nd Avenue, within the area of influence, will maintain the adopted minimum LOS after including the additional traffic generated by the proposed development. Table 7 presents the current and the future LOS including the additional traffic generated by the proposed development. Appendix I provide the concurrency analysis references with detailed calculations. Table 7. Concurrency Analysis as per the FDOT Generalized Tables Roadway Scenario Peak Period Segment Capacity Traffic Volume LOS NW 2"d Avenue Existing Conditions Future No Build Conditions Future Build Out Conditions AM PM AM PM AM PM 1,330 980 1,096 1,020 1,141 1,055 1,176 7. Conclusion and Recommendations This study analyzes the traffic impact of the proposed Bottled Blonde Restaurant development. Building is expected to occupy 8,890 S.F. building area on the Folio No. 01-3125-024-3040, which will be composed of dining, kitchen, BOH (Back of House), and restrooms. This restaurant is part of a larger development (Wynwood Walk) which has already being approved by the City The following provides a summary of the traffic impact analysis: ➢ For the proposed Restaurant development, trip generation analysis contemplated the most conservative scenario of trip generation forecast rates. The trip generation analysis was performed under the following Land Use: • 932 - High Turnover (Sit -Down) Restaurant As the analysis concluded, a maximum of 88 and 87 trips could be generated for the AM and PM peak period of the adjacent roadway, respectively. 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 18 CALTRAN ➢ As per concurrency analysis, an acceptable level of service will be e along NW 2nd Avenue upon the development. ➢ The intersections of NW 2nd Avenue with NW 29th Street and NW This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -making body ...IC renew the information at the pubdc hearing to render a recommendation or a final decision. with NW 28th Street will perform under acceptable LOS C during bu conditions scenario. Consequently it can be concluded that Bottled Blonde Development will not have an adverse impact on the adjacent roadway network. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 19 CALTRAN Appendix A Site Plan This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 21 ADOPTED BO. R.0 W. BY CITY OF MIAMI CAPITAL IMPROVEMENTS DI BUILOINO N.W. 29tM STREET 3 PROPOSED STANDARD MY R.O.W. BY CITY OF MIAMI PLNCN G DEEPT/M P t'R/Eu5 N W 2.11 STREET HEW.. LINE NOTICE E PZ-20-6099 12/07/20 �aa rime t Jl7 STREETTREES CAN LEPTUALD SHALL BE COORDINATED WITH NRO-1 STREET TREE MASTERPLAN. LOADING AREA LIMITED TO ESTABLISHED HOURS FOR ON STREET LOADING IN THE NR0-1, PURSUANTTO APPENDIX.J. T6-B-0 T5-0 \I SBITINCIORNI Xale Wynwood Walk Thor Equities 239 - 329 NW 28th Street, 2800 - 2838 NW 2nd Avenue FINAL WARRANT/WAIVER SUBMITTAL A-17 Proposed Site Pion 230 NW 29th Street, Miami, Florida 33127 6/6/17 OPPENHEIM ARCHITECTURE t AREAOF WORK AREA OF WORK 1 I i NV/MISTER T5-O T5,L_ /Fro MIAMI ZONING DESIGNATION MAP City of Miami • Off-Stree3 111111111111111111111111111111111111111111111 Parking Certificate of Waiver °5 3 Ear''"7:77. naaparaa,,,,,,,,,,,team,Ktaatara,aerm nitrore"Lact Wen, one.. offneel panne/net manna n pan= of all applicable fees to the _ desneefor Wanton Bunn lannoveund Entict 011tbeTens' =as • _ 7.39-329 NW.28 61,800-208 NW An, 7.10 NW a al tentonneen L1,1,-meEr.0 25 W bill,N,Nal 11018 a 111.529.748 venVi.:=TsaTtrLis PrupertyOnter's Telephone/ FamatneNo. Eaartitatsti,:=1=1: Poper, ;olio Number No. eflbenned / 36533336,th65ennin provision, toad non. tone normation submitted by en Applicant, nis Permanent Waiver is ad for rentitedgebne Veen. idnenjete Perna er res Penne bleb lats.. ntede ...tan. of.. Wnwood Bans Improvenent Distriet (BM 2). Upon filing of a wren request with the Director or Planing and Zona. this Penne. Confine of Waiver 4.1 be transfemble to a new oner of She Pion, provided .1 applicable fees, if amy, are entan and an other applicable requiem.. nye been satisfied. This Waiver shall not he laved sold or tranferred separately from the Property. except as provided Chap. 35 inien V ofte Miami City Code, as anal 3). blUs Pena Certificate of Waiver sball be applicable oNy the allowable 3ooing use for which it is testa. New development or additions, or any consncion nannies addition square footage of Eon sace or increasing the &tor area ratio, shall be Jenne to wanly with the inn.. parking unnements or ondn wenn, at alien subject to Miner 35 Ankle V or the Mandl, Cod, es neendn Dated., Itawr clady olen17013. fs, sa•Ma 'lCurector of P Zennn Noulay en./ My DEPARTMENT Is Pun.. & ZONING losrerenally,Known CIIPT OF MIAMI • DEPAIIMENT Or PLANNING ZONING INFORMATION ,,...., ,... BOTTLED BLONDE RESTAURANT PROJECT ADDRESS .30 NW 2ND AVENUE.WMIWOOD. FL 33-137 rONIN GJURISDICTION MIAMI CI,- MI.121 ZONING ZONING DESIGNATION T680 NET LOT AREA 8.285 SF , le ACRES, SITE REQUIREMENTS ALLOWED / REQUIRED PROPOSED 6, LetTkaat, 5.030 SF MIN .00.000 M SF A.1.4% 8285 SF , -.ACRES, 13, LOT WIDTH 50 FEET MIN EXISTING BUILDING C, LOT COVERAGE 80,OF LOT AREA., ,..0 SF X0 8 . 7.-1-12 SF NI.,, eg, FLEXIBLE OPEN BRACE PROGRAM ,9.893 SF X0.9.8.031 SF N., 7.112 SF 8.031SF , D,,,,F7 L.-r ..-r. 5 /25%ADDITIONAL PUBLIC BENEFR EXISTING BUILDING E, FRONTAGE AT FRONT SETBACK 70 %MIN NW 2.9TH STREET ,103% .11.9.,.., NW 2ND AVENUE ,o3%.75,.1 100% ,OPEN SPACE ILPR LOTAREA MIN 8..05,0 1. 89.3 SF MIN EXISTING BUILDING G, DENSITY 1„ Du,Ac mA., N. BUILDING HEIGHT ALLOWED / REQUIRED PROPOSED A, MIN HEIGHT 2 STORIES I, MAX HEIGHT 8 STORIES EXISTING 1 STORY C, MAX BENEFIT .1 STORIES F. O L, SETBACK REQUIREMENTS ALLOWED /REQUIRED PROPOSED 6/ PRINCIPAL FRONT- XX Ka Ka 2 B,SECOND.V FRONT -... C,SIDE ,VEST, D,SIDE ,EkST, 10 FEEr MIN 10 FEET MIN 0 FEET MIN 0 FEET MIN ry.. NA ,,,,,, N/A T6-8 0 PARKING REQUIREMENTS AREA/ UNIT PARKING .TE REQUIRED PROPOSED RESTAU.NT 8.830 SF a<1.030 SF .25 PS 25 PS WAIVER. WARRANT 3 PARI,NG RATIO REDucEox. aviTax -I/2 MILE R.ADIUS OF TOD, 7, ps WAIVER. WARRANT 17E'LNO'l R D PS ON STREET OTAL PARKIN 1 BICYCLE ..CK SPACES FOR EVERV20 VEH ICULAR SPACES .25 PS / e3 . 1 RACK 1 1 RACK 1 I RAC. AREA BREAKDOWN NET SQUARE FOOTAGE tiNT6 NET LOT AREA 8,805 SF DINING 0,725 SO FT 4 BUILDING AREA 8,890 SF RESTROOLIS 590 SO FT BOH 1,675 SQ FT ACTUAL SO FT 9,088 SF KITCHEN 1,295 SQ FT TOTAL 8,285 SO FT b C. ,, a e , DECISION nen 2011.00.14 ; 14 ' . ',1,71;041TMOReatleiNN1AVE LTC lien SOC. Baua,atataLea aON W ind Street F., ;'' b nen e eanatentuldin To ninths re...anent. ...amens...a, the Pl. Inanoe sGonto pled.eonstatent.10the eds.edornennee.* Grew Root '‘. Aill,' •....71"41.tg ‘ll na Can19714451 ',./ n ta'vennernbanno corn NOTICE .mhenn7t7.:iFPlaiteEnF. nd Appeals P . awns eat mean en emberednualna. • jbe eel= r ...nee ten b ante!, enpaance en tannin Wenn ,E:otn!, ..„:„.tt ....„17. p n a T6-0 suntan Caine TnanseelZon ..NRD-1 ,----.....__,.— • le. 201;.Intins• carets Un .i,i'l'l- -f-Q•-• .0 1007 Oak 6/2.2017 end...II Olean ea Denten ‘AlnI . ani211.28.18 WEAVE 290 NW 288T ,ilopreene.,...15.7.:,.SISsinuaitru,n;;Vona , Depanen. of ens. anZoilett an SW n Anne • lrtnreen=eltrttra==.1:net=7:=V' '''''' ''''''33l'S 0 Anent Re Padang Sexes al_nti-329 Mann den-N.3a 'bed netdlOat a N--, ldluul FL E, eutentet eitth canine ID IN. • OUSTede!reZe'l=j1Th'eartt'ti=d1o'ut rdlgre'srptTrt conallone den below Ltdertral'Ort.' trenert: =111rer= tesettrattr ''''''' ' "Met Prttl rrar=re=p7itret q:•;3tatat'alst=t;crwe bate= MOMS AlUSG0111.101.19 t6the= nr2 4=1= e7aaWa"s1:16=1:1r074D7tOralla =Z:a, Bantle AD. states ant a anat., Bulldog In the NMI 1 whin the turban Cone T Banton n none Senn end the conned anna olln often ntl nentleeconnectoe 1:t:•:4".:',==,:=1•4%°^Ta.;',=.1,?"`lt•7,== °I.7:*"'..."'r" 2.7,12,7.7.-.' 2 Av.'"'"."'... ''L " " ''''''''' :=:tr'e6n'a't=:tr'''"°'"""'"M""''"""'"°'"'''' CONOrrnin • AWnor pursuant to Mete 7 sedan], altos antenna to Ontbeetnnell • ' Tet'a.padalee'VUt;entl rren==d t=811talrpold8 = '' borne =.7r.•.......,Toblet.uptoca.erlampreavelonvitnineamieet • =2„3;ettentar=d5 J. Sectan SID, ea atom now. btcoveraps ace.. gle=1:tlar:ale=:Z1Tal'llortNe=l'ea=?.'"''' " 'rn 2 P.n.s. to ne woes 'wenn.. el zees'...an. nett coney . the folowlnel :. t==.2.9."VreerPePrOrnI7p=2, atne On. one. are nmelhis --jj'__---/. snot manner oloseranne • One ebeertn • SaNninatterrette NEI Once bonbon. Enhancement -an acpaTnnesZbee:dn:revalrneur'nt"int":1==pljotlreVelt=a17 ' sreTert'l=e=rnre=rprZeb,re'd'''''''' a ?nee ;:=1 es part ens Wenn neon end shal Ise tenwed under a FINDIX48 ' jrat1:1=tr=d7orro=rod=70=4=4=rte • areIrrtdat'VTrarsolOP:=Vrco=o7g.7847:= end Penn noineviconsbuebte. lestannAhln a TEO... centers Trenectbane °Mennen 'l 1 ZutsulA7ftFILFZ:70=TeTtgrol=r4 o=2; 1 ' reartgete'lret====1::""'''''''''''"' t . Inman not be nand to prone an new nelson be anat. inn Kane or no ninon... en nt be ten. to Pone n.UPenn nun 'cubes.. anelatudlan 7: =reVeret'potaa"a're artatp=traldlefeTire="Xlreg Innen@ apacea aro beIng punned noun neWymend Parkin rTIFtind Runnette Date Rev Date A A A A A A A A A A A A A A A Bottled Blonde _ Restaurant WYNWOOD WALK 2800 MN 2. AVENUE 4,443,00D, FL 33137 FilraLf 1=tultirg AKetaFter ateere atasta.B,=='="a 12:.0ABIRK;Ft.:, KO B Al a KA RP _ PROJECT DATA Al 00 CALTRAN Appendix B Traffic Data This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 22 4 County: 99 Station: 1181 Description: NW 2ND AVENUE NORTH OF NW 28TH STREET Start Date: 02/18/2020 Start Time: 0000 Direction: N Direction: S Time 1st 2nd 3rd 4th Total 1st 2nd 3rd 4th NOTICE This submittal needs to be scheduled fora public hearing In accordancewM1h timelines set forth in the City of Miami Code. The applied de decision -making body ...AIL renew the information at the pane hearing to render recommendation or a final decision. 0000 42 17 26 23 108 0100 30 21 27 19 97 0200 19 14 20 13 66 0300 9 13 8 5 35 0400 4 5 4 6 19 0500 8 7 14 7 36 0600 17 19 27 29 92 0700 32 39 54 121 246 0800 123 67 62 47 299 0900 41 65 57 64 227 1000 61 67 78 63 269 1100 81 93 90 42 306 1200 98 71 96 94 359 1300 82 116 72 111 381 1400 132 151 142 151 576 1500 150 144 161 162 617 1600 142 131 160 138 571 1700 146 136 149 139 570 1800 131 136 159 144 570 1900 83 104 74 89 350 2000 72 81 63 90 306 2100 46 69 49 48 212 2200 47 54 44 64 209 2300 50 52 52 46 200 29 18 26 27 25 17 25 10 10 7 13 10 6 8 6 6 10 9 5 10 7 9 20 18 21 33 37 52 81 65 127 195 181 134 138 181 163 116 100 104 116 103 111 134 140 145 127 161 126 124 106 135 97 98 115 143 109 140 133 93 91 124 82 132 87 79 76 96 79 78 85 84 77 89 88 83 101 92 74 77 82 80 66 70 89 60 55 57 89 55 72 45 52 48 42 38 10 77 40 26 34 54 143 468 634 483 464 573 491 453 475 429 338 326 337 344 298 261 261 180 PZ-20-6099 12/07/20 Ebl Q EW cc 174 106 61 53 90 235 714 933 710 733 879 850 834 1051 1046 909 896 907 694 604 473 470 380 24-Hour Totals: 6721 7289 14010 Peak Volume Information Direction: N Direction: S Combined Directions Hour Volume Hour Volume Hour Volume A.M. 745 373 745 648 745 1021 P.M. 1500 617 1345 525 1345 1061 Daily 1500 617 745 648 1345 1061 Generated by SPS 5.0.53P Z G'+ PUB[0,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 1 Groups Printed- Peds & Bikes I} G 0 Q- G. z NOTICE Thls subrnTtal needs to be scheduled tor a public hearing Jn accordance with timelines set forth in the City of Miami Code. The appllca de decision -ruling bodywill review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 IEW COV G. treet NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 28th Street Westbound NW 28th Street Eastbound Start Time Peds Bikes App. Total Peds Bikes App. Total Peds Bikes App. Total Peds Bikes App. Total Int. Total 07:00 AM 0 0 0 0 0 0 0 1 1 0 0 0 1 07:15 AM 0 0 0 0 0 0 0 2 2 0 1 1 3 07:30 AM 0 0 0 0 0 0 1 0 1 0 0 0 1 07:45 AM 0 0 0 0 0 0 2 0 2 4 0 4 6 Total 0 0 0 0 0 0 3 3 6 4 1 5 11 08:00 AM 0 0 0 0 0 0 8 1 9 1 0 1 10 08:15 AM 0 0 0 0 0 0 2 2 4 2 1 3 7 08:30 AM 0 0 0 0 0 0 3 1 4 0 0 0 4 08:45 AM 1 0 1 0 0 0 12 2 14 2 1 3 18 Total 1 0 1 0 0 0 25 6 31 5 2 7 39 °°° BREAK *** 12:30 PM 12:45 PM Total 01:00 PM 01:15 PM 01:30 PM 01:45 PM Total 02:00 PM 02:15 PM Grand Total Apprch % Total % 9 15 24 0 0 0 9 15 24 15 0 15 5 0 5 18 0 18 17 0 17 55 0 55 5 0 15 0 100 0 100 0 12.8 0 5 15 100 12.8 7 10 17 0 0 0 7 10 17 4 0 4 5 0 5 0 0 0 5 0 5 14 0 14 7 0 2 0 40 0 100 0 5.1 0 7 2 40 5.1 40 57 97 0 0 0 40 57 97 38 0 38 30 1 31 49 1 50 47 0 47 164 2 166 47 0 45 0 381 11 97.2 2.8 48.7 1.4 47 45 392 50.1 23 32 55 0 24 32 56 33 1 34 15 1 16 33 4 37 30 1 31 111 7 118 19 0 19 45 0 45 239 11 250 95.6 4.4 30.6 1.4 32 80 114 194 91 57 105 100 353 78 107 782 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 2 N rn NW 2nd Avenue Out In Total 100I 0 100I Bikes Peds North 350 2/18/2020 07:00 AM 2/18/2020 02:15 PM Peds & Bikes 392 4-1 r Peds Bikes 40 0 40 432 Out In Total NW 2nd Avenue LW N co m N s G 0 Q- G. NOTICE Thls subrnTtal needs to be scheduled for a public hearing Jn accordance with timelines set forth in the City of Mlaml Code. The appllca tie decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 E YW C©V treet 250 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 3 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 28th Street Westbound I} G 0 Q- G. z NOTICE Thls subrnTtal needs to be scheduled tor a public hearing Jn accordance with timelines set forth in the City of Miami Code. The appllca de decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 NW 28th Eastbound Q Ni rEWC©V treet Start Time Peds Bikes App. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:00 AM Peds Bikes App. Total Peds Bikes App. Total Peds Bikes App. Total Int. Total 08:00 AM 0 0 0 0 0 0 8 1 9 1 0 1 10 08:15 AM 0 0 0 0 0 0 2 2 4 2 1 3 7 08:30 AM 0 0 0 0 0 0 3 1 4 0 0 0 4 08:45 AM 1 0 1 0 0 0 12 2 14 2 1 3 18 Total Volume 1 0 1 0 0 0 25 6 31 5 2 7 39 % App. Total 100 0 0 0 80.6 19.4 71.4 28.6 PHF .250 .000 .250 .000 .000 .000 .521 .750 .554 .625 .500 .583 .542 PUal. o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 4 NW 2nd Avenue Out In Total Right LeLf4t 12 Peak Hour Data T North Peak Hour Begins at 08:00 AM Peds & Bikes 27 4-1 r Left Right 0 27 Out In Total NW 2nd Avenue s G 0 Q- G. NOTICE Thls submilal needs to be scheduled fora public hearing Jn accordance with timelines set forth in the City of Miami Code. The appllca Lie decision -ruling bodyodL review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Ni E YW C©�Q treet PUB[0,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 5 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 28th Street Westbound Start Time Peds Bikes App. Total Peak Hour Analysis From 12:30 PM to 02:15 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 01:30 PM Peds Bikes App. Total Peds Bikes App. Total I} Peds G 0 Q- G. z NOTICE Thls subrnTtal needs to be scheduled tor a public hearing Jn accordance with timelines set forth in the City of Mlaml Code. The appllca tie decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 East Bikes I EW C©V a� G. treet p. Total Int. Total 01:30 PM 18 0 18 0 0 0 49 1 50 33 4 37 105 01:45 PM 17 0 17 5 0 5 47 0 47 30 1 31 100 02:00 PM 5 0 5 7 0 7 47 0 47 19 0 19 78 02:15 PM 15 0 15 2 0 2 45 0 45 45 0 45 107 Total Volume 55 0 55 14 0 14 188 1 189 127 5 132 390 % App. Total 100 0 100 0 99.5 0.5 96.2 3.8 P H F .764 .000 .764 .500 .000 .500 .959 .250 .945 .706 .313 .733 .911 PUal. o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 6 NW 2nd Avenue Out In Total 55 0 55 Right Left 128I 183 Peak Hour Data T North Peak Hour Begins at 01:30 PM Peds & Bikes 193 4-1 r Left Right 14 0 14 207 Out In Total NW 2nd Avenue r co A s G 0 Q- G. NOTICE Thls subrnTtal needs to be scheduled fora public hearing Jn accordance with timelines set forth in the City of Mlaml Code. The appllca tie decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Ni E YW C©�Q treet PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 1 Groups Printed- Vehicle - Trucks I} G 0 Q- a. NOTICE Thls subrnTtal needs to be scheduled tor a public hearing Jn accordance with timelines set forth in the City of Miami Code. The appllca de decision -ruling bodywill review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 ENi IEW COV G. treet NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 28th Street Westbound NW 28th Street Eastbound Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total Int. Total 07:00 AM 0 2 72 2 76 0 0 31 0 31 0 0 2 0 2 0 0 1 0 1 110 07:15 AM 0 2 61 0 63 0 1 35 1 37 0 2 0 2 4 0 0 2 0 2 106 07:30 AM 0 0 120 1 121 0 4 47 1 52 0 3 1 1 5 0 1 1 3 5 183 07:45 AM 0 3 180 3 186 0 2 112 4 118 0 4 4 3 11 0 0 4 6 10 325 Total 0 7 433 6 446 0 7 225 6 238 0 9 7 6 22 0 1 8 9 18 724 08:00 AM 0 4 170 4 178 0 5 118 4 127 0 2 7 1 10 0 0 0 8 8 323 08:15 AM 0 1 124 2 127 0 7 62 1 70 0 2 11 3 16 0 0 7 2 9 222 08:30 AM 0 6 115 4 125 0 5 56 0 61 0 2 5 5 12 0 0 0 3 3 201 08:45 AM 0 5 157 3 165 0 1 44 1 46 0 2 8 1 11 0 1 1 1 3 225 Total 0 16 566 13 595 0 18 280 6 304 0 8 31 10 49 0 1 8 14 23 971 *** BREAK *** 12:30 PM 0 4 94 1 99 0 1 84 5 90 0 5 2 1 8 0 0 1 2 3 200 12:45 PM 0 3 109 6 118 0 4 76 5 85 0 5 3 8 16 0 3 4 0 7 226 Total 0 7 203 7 217 0 5 160 10 175 0 10 5 9 24 0 3 5 2 10 426 01:00 PM 0 2 86 2 90 0 0 67 7 74 0 4 1 8 13 0 1 6 3 10 187 01:15 PM 0 6 83 9 98 0 5 95 5 105 0 3 4 7 14 0 5 3 3 11 228 01:30 PM 0 3 93 4 100 0 3 61 3 67 0 5 3 7 15 0 0 2 2 4 186 01:45 PM 0 7 124 5 136 0 2 101 4 107 0 2 3 4 9 0 0 3 2 5 257 Total 0 18 386 20 424 0 10 324 19 353 0 14 11 26 51 0 6 14 10 30 858 02:00 PM 0 2 98 2 102 0 2 115 6 123 0 1 2 7 10 0 3 1 4 8 243 02:15 PM 0 4 121 6 131 0 2 131 4 137 0 1 5 8 14 0 5 4 2 11 293 Grand Total 0 54 1807 54 1915 0 44 1235 51 1330 0 43 61 66 170 0 19 40 41 100 3515 Apprch % 0 2.8 94.4 2.8 0 3.3 92.9 3.8 0 25.3 35.9 38.8 0 19 40 41 Total % 0 1.5 51.4 1.5 54.5 0 1.3 35.1 1.5 37.8 0 1.2 1.7 1.9 4.8 0 0.5 1.1 1.2 2.8 Vehicle 0 49 1742 53 1844 0 44 1182 51 1277 0 41 59 62 162 0 18 38 41 97 3380 % Vehicle 0 90.7 96.4 98.1 96.3 0 100 95.7 100 96 0 95.3 96.7 93.9 95.3 0 94.7 95 100 97 96.2 Trucks 0 5 65 1 71 0 0 53 0 53 0 2 2 4 8 0 1 2 0 3 135 % Trucks 0 9.3 3.6 1.9 3.7 0 0 4.3 0 4 0 4.7 3.3 6.1 4.7 0 5.3 5 0 3 3.8 PUal. o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 2 m 112 co Z 0 CO CO N Cn N CO CO W N— CO N N—O NJ H-111. D_' 1 NW 2nd Avenue Out In Total 1262 58 1320 1844 71 1915 3106 129 3235 53 1 1742 65 49 5 54 1807 54 Right Thru Left /—lf 1 North 2/18/2020 07:00 AM 2/18/2020 02:15 PM Vehicle Trucks Left Thru Right 44 0 1182 53 51 0 44 1235 51 1824 67 1891 1277 53 1330 3101 120 3221 Out In Total NW 2nd Avenue r 1-5 0) (T NCO CO N CO J CO O CO N CO Ol CO C) O 0 CZ (b cn O s NOTICE Thls subrnTtal needs to be scheduled for a public hearing Jn accordance with timelines set forth in the City of Mlaml Code. The appllca tie decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Q Ni IEC©� YW treet PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 3 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 28th Street Westbound I} G 0 Q- a. NOTICE Thls subrnTtal needs to be scheduled tor a public hearing Jn accordance with timelines set forth in the City of Miami Code. The appllca de decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 NW 2 Eastbound �� IEW C©°Q treet Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:45 AM 07:45 AM 0 3 180 3 186 0 2 112 4 118 0 4 4 3 11 0 0 4 6 10 325 08:00 AM 0 4 170 4 178 0 5 118 4 127 0 2 7 1 10 0 0 0 8 8 323 08:15 AM 0 1 124 2 127 0 7 62 1 70 0 2 11 3 16 0 0 7 2 9 222 08:30 AM 0 6 115 4 125 0 5 56 0 61 0 2 5 5 12 0 0 0 3 3 201 Total Volume 0 14 589 13 616 0 19 348 9 376 0 10 27 12 49 0 0 11 19 30 1071 % App. Total 0 2.3 95.6 2.1 0 5.1 92.6 2.4 0 20.4 55.1 24.5 0 0 36.7 63.3 PHF .000 .583 .818 .813 .828 .000 .679 .737 .563 .740 .000 .625 .614 .600 .766 .000 .000 .393 .594 .750 .824 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 4 To 1- L Z O CO CO NW 2nd Avenue Out In Total 616 13 589 14I Right Thru Left 976 Peak Hour Data T North Peak Hour Begins at 07:45 AM Vehicle Trucks T Left Thru Right 19 348I 9 618I 376 994 Out In Total NW 2nd Avenue N r -x CO 0 �CZ cn s G 0 Q- G. NOTICE Thls subrnTtal needs to be scheduled for a public hearing Jn accordance with timelines set forth in the City of Mlaml Code. The appllca tie decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Ni E YW C©�Q treet 360 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 5 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 28th Street Westbound I} Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total G 0 Q- a. NOTICE Thls subrnTtal needs to be scheduled tor a public hearing Jn accordance with timelines set forth in the City of Miami Code. The appllca de decision -ruling bodywill review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 44, VIEW CO G. treet U-Turns Left Thru Right App. Total Int. Total Peak Hour Analysis From 12:30 PM to 02:15 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 01:30 PM 01:30 PM 0 3 93 4 100 0 3 61 3 67 0 5 3 7 15 0 0 2 2 4 186 01:45 PM 0 7 124 5 136 0 2 101 4 107 0 2 3 4 9 0 0 3 2 5 257 02:00 PM 0 2 98 2 102 0 2 115 6 123 0 1 2 7 10 0 3 1 4 8 243 02:15 PM 0 4 121 6 131 0 2 131 4 137 0 1 5 8 14 0 5 4 2 11 293 Total Volume 0 16 436 17 469 0 9 408 17 434 0 9 13 26 48 0 8 10 10 28 979 % App. Total 0 3.4 93 3.6 0 2.1 94 3.9 0 18.8 27.1 54.2 0 28.6 35.7 35.7 P H F .000 .571 .879 .708 .862 .000 .750 .779 .708 .792 .000 .450 .650 .813 .800 .000 .400 .625 .625 .636 .835 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 6 To 1- L Z O CO CO co NW 2nd Avenue Out In Total 469 17 436 16 Right Thru Left 911 Peak Hour Data T North Peak Hour Begins at 01:30 PM Vehicle Trucks T Left Thru Right 9 408I 17 455 434 889 Out In Total NW 2nd Avenue r -x 0) W CO co 0 �CZ W cn s G 0 Q- G. NOTICE Thls subrnTtal needs to be scheduled for a public hearing Jn accordance with timelines set forth in the City of Mlaml Code. The appllca tie decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Ni E YW C©�Q treet 442 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 1 Groups Printed- Trucks I} C, 0 Q- a. NOTICE Thls subrnTtal needs to be scheduled tor a public hearing Jn accordance with timelines set forth in the City of Miami Code. The appllca de decision -ruling bodywill review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 IEW COV G. treet NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 28th Street Westbound NW 28th Street Eastbound Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total Int. Total 07:00 AM 0 1 5 0 6 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 7 07:15 AM 0 0 3 0 3 0 0 6 0 6 0 0 0 0 0 0 0 0 0 0 9 07:30 AM 0 0 5 0 5 0 0 2 0 2 0 0 0 0 0 0 0 1 0 1 8 07:45 AM 0 0 5 0 5 0 0 3 0 3 0 0 0 0 0 0 0 0 0 0 8 Total 0 1 18 0 19 0 0 12 0 12 0 0 0 0 0 0 0 1 0 1 32 08:00 AM 0 0 5 0 5 0 0 4 0 4 0 1 0 0 1 0 0 0 0 0 10 08:15 AM 0 0 6 0 6 0 0 3 0 3 0 1 0 0 1 0 0 0 0 0 10 08:30 AM 0 1 5 0 6 0 0 4 0 4 0 0 0 0 0 0 0 0 0 0 10 08:45 AM 0 1 4 0 5 0 0 6 0 6 0 0 1 0 1 0 0 0 0 0 12 Total 0 2 20 0 22 0 0 17 0 17 0 2 1 0 3 0 0 0 0 0 42 *** BREAK *** 12:30 PM 12:45 PM Total 01:00 PM 01:15 PM 01:30 PM 01:45 PM Total 02:00 PM 02:15 PM Grand Total Apprch % Total % 0 1 3 0 4 0 0 5 0 5 0 1 8 0 9 0 0 2 0 2 0 0 4 1 5 0 0 3 0 3 0 1 2 0 3 0 1 11 1 13 0 0 4 0 4 0 0 4 0 4 0 5 65 1 71 0 7 91.5 1.4 0 3.7 48.1 0.7 52.6 0 0 5 0 5 0 0 1 0 1 0 0 6 0 6 0 0 3 0 3 0 0 3 0 3 0 0 2 0 2 0 0 4 0 4 0 0 12 0 12 0 0 2 0 2 0 0 4 0 4 0 0 53 0 53 0 0 100 0 0 0 39.3 0 39.3 0 0 0 0 0 0 0 0 1 1 0 0 0 1 1 0 0 0 0 0 0 0 1 1 2 0 0 0 0 0 0 0 0 0 0 0 0 1 1 2 0 0 0 1 1 0 0 0 1 1 0 2 2 4 8 0 25 25 50 0 1.5 1.5 3 5.9 0 0 0 0 0 0 1 0 0 1 0 1 0 0 1 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 1 2 0 3 0 33.3 66.7 0 0 0.7 1.5 0 2.2 9 8 17 6 10 5 7 28 7 9 135 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 2 (`7 NW 2nd Avenue Out In Total 71 1 65 5 Right Thru Left 58I North 129 2/18/2020 07:00 AM 2/18/2020 02:15 PM Trucks Left Thru Right 0 53 0 67 53 120I Out In Total NW 2nd Avenue r -x A N N CO 0 CZ co cn 0 s NOTICE Thls subrnTtal needs to be scheduled for a public hearing Jn accordance with timelines set forth in the City of Mlaml Code. The appllca tie decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Q Ni IEC©� YW treet PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 3 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 28th Street Westbound I} G 0 Q- a. NOTICE Thls subrnTtal needs to be scheduled tor a public hearing Jn accordance with timelines set forth in the City of Miami Code. The appllca de decision -ruling bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 NW 2 Eastbound �� IEW C©°Q treet Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 0 0 5 0 5 0 0 4 0 4 0 1 0 0 1 0 0 0 0 0 10 08:15 AM 0 0 6 0 6 0 0 3 0 3 0 1 0 0 1 0 0 0 0 0 10 08:30 AM 0 1 5 0 6 0 0 4 0 4 0 0 0 0 0 0 0 0 0 0 10 08:45 AM 0 1 4 0 5 0 0 6 0 6 0 0 1 0 1 0 0 0 0 0 12 Total Volume 0 2 20 0 22 0 0 17 0 17 0 2 1 0 3 0 0 0 0 0 42 % App. Total 0 9.1 90.9 0 0 0 100 0 0 66.7 33.3 0 0 0 0 0 PH F .000 .500 .833 .000 .917 .000 .000 .708 .000 .708 .000 .500 .250 .000 .750 .000 .000 .000 .000 .000 .875 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 4 NW 2nd Avenue Out In Total 22 0 20 2 Right Thru Left 39 Peak Hour Data T North Peak Hour Begins at 08:00 AM Trucks T Left Thru Right 0 17 0 22 17 39 Out In Total NW 2nd Avenue r O 1J W s G 0 Q- G. NOTICE Thls submital needs to be scheduled for a pubic hearing Jn accordance with timelines set forth in the City of Miami Code. The appllcade decision -ruling bodyodL review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Ni E YW C©�Q treet 17 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 5 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 28th Street Westbound I} Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total G 0 Q- a. NOTICE Thls subrnTtal needs to be scheduled tor a public hearing Jn accordance with timelines set forth in the City of Miami Code. The appllca de decision -ruling bodywill review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 44, VIEW CO G. treet U-Turns Left Thru Right App. Total Int. Total Peak Hour Analysis From 12:30 PM to 02:15 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 12:30 PM 12:30PM 0 1 3 0 4 0 0 5 0 5 0 0 0 0 0 0 0 0 0 0 9 12:45PM 0 0 5 0 5 0 0 1 0 1 0 0 0 1 1 0 1 0 0 1 8 01:OOPM 0 0 2 0 2 0 0 3 0 3 0 0 0 0 0 0 0 1 0 1 6 01:15PM 0 0 4 1 5 0 0 3 0 3 0 0 1 1 2 0 0 0 0 0 10 Total Volume 0 1 14 1 16 0 0 12 0 12 0 0 1 2 3 0 1 1 0 2 33 % App. Total 0 6.2 87.5 6.2 0 0 100 0 0 0 33.3 66.7 0 50 50 0 PHF .000 .250 .700 .250 .800 .000 .000 .600 .000 .600 .000 .000 .250 .500 .375 .000 .250 .250 .000 .500 .825 PUB[o,C SR 826 (NE 163rd Street) at NE 34th Avenue File Name : N Site Code : 0 Start Date : 2/ Page No : 6 NW 2nd Avenue Out In Total 16 1 14 1 Right Thru Left 31 Peak Hour Data T North Peak Hour Begins at 12:30 PM Trucks T Left Thru Right 0 12 0 14 12 26 Out In Total NW 2nd Avenue N r W s G 0 Q- G. NOTICE Thls submital needs to be scheduled for a pubic hearing Jn accordance with timelines set forth in the City of Miami Code. The appllcade decision -ruling bodyodL review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Ni E YW C©�Q treet 15 NW 2nd Avenue at NW 29th Street PUBL, File Name : N Site Code : 0 Start Date : 2/ Page No : 1 Groups Printed- Peds & Bikes 1 G 0 Q- G. NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set torch in the City of Miami Code. The applica tie decision -ruling bodyodL reSewthe information at the pane hearing to render a recommendation or a final Decision. PZ-20-6099 12/07/20 IEW COV treet NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 29th Street Westbound NW 29th Street Eastbound Start Time Peds Bikes App. Total Peds Bikes App. Total Peds Bikes App. Total Peds Bikes App. Total Int. Total 07:00 AM 3 0 3 0 0 0 0 0 0 0 0 0 3 07:15 AM 0 1 1 0 0 0 1 0 1 0 0 0 2 07:30 AM 0 2 2 0 0 0 0 0 0 0 0 0 2 07:45 AM 0 0 0 0 0 0 4 2 6 3 0 3 9 Total 3 3 6 0 0 0 5 2 7 3 0 3 16 08:00 AM 3 0 3 0 0 0 2 1 3 2 2 4 10 08:15 AM 0 0 0 1 0 1 0 2 2 5 2 7 10 08:30 AM 1 0 1 0 0 0 2 0 2 0 1 1 4 08:45 AM 0 0 0 0 0 0 5 1 6 1 0 1 7 Total 4 0 4 1 0 1 9 4 13 8 5 13 31 *** BREAK *** 12:30 PM 12:45 PM Total 01:00 PM 01:15 PM 01:30 PM 01:45 PM Total 02:00 PM 02:15 PM Grand Total Apprch % Total % 1 2 3 0 0 0 1 2 3 1 0 1 0 1 1 0 0 0 0 0 0 1 1 2 0 0 1 0 12 4 75 25 5.6 1.9 0 1 16 7.4 6 0 6 0 7 0 7 8 0 8 2 0 2 0 0 0 6 0 6 16 0 16 4 1 10 0 37 2 94.9 5.1 17.2 0.9 5 10 39 18.1 9 6 15 0 0 0 9 6 15 9 0 9 3 1 4 4 2 6 7 1 8 23 4 27 11 0 20 0 83 10 89.2 10.8 38.6 4.7 11 20 93 43.3 1 14 15 2 0 2 3 14 17 10 1 11 3 1 4 3 2 5 6 1 7 22 5 27 2 0 4 1 54 13 80.6 19.4 25.1 6 2 5 67 31.2 20 22 42 29 11 11 21 72 18 36 215 PUBL, NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 2 co CO NW 2nd Avenue Out InTotal 16 41 121 Bikes Peds 64 4J North 2/18/2020 07:00 AM 2/18/2020 02:15 PM Peds & Bikes 4-1 r4 80I Peds Bikes 37 2 39 Out In Total NW 2nd Avenue 135 LC CD 0 m o CD 0 0 c z CD 0) K 0 1 r. n NOTICE This submittal needs to be schedu led fora public hearing in accordance with timelines set forth in the City of Miami Code. The appllca tie decision -ruling body WIL reSewthe information at the public hearing to render a recommendation or final decision. PZ-20-6099 12/07/20 E YW C©V treet 96 NW 2nd Avenue at NW 29th Street PUBL, File Name : N Site Code : 0 Start Date : 2/ Page No : 3 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 29th Street Westbound 1 G 0 Q- G. NOTICE This submittal needs to be scheduled fora pane hearing in accordance with timelines set torch in the City of Miami Code. The appllca de decision -ruling bodyodL reSewthe Information at the public hearing to render a recommendation or a final Decision. PZ-20-6099 12/07/20 NW 29th Eastbound few C©V treet Start Time Peds Bikes App. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:45 AM Peds Bikes App. Total Peds Bikes App. Total Peds Bikes App. Total Int. Total 07:45 AM 0 0 0 0 0 0 4 2 6 3 0 3 9 08:00 AM 3 0 3 0 0 0 2 1 3 2 2 4 10 08:15 AM 0 0 0 1 0 1 0 2 2 5 2 7 10 08:30 AM 1 0 1 0 0 0 2 0 2 0 1 1 4 Total Volume 4 0 4 1 0 1 8 5 13 10 5 15 33 % App. Total 100 0 100 0 61.5 38.5 66.7 33.3 P H F .333 .000 .333 .250 .000 .250 .500 .625 .542 .500 .625 .536 .825 PUBL, NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 4 h NW 2nd Avenue Out In Total 15 1 41 0I 41 Right Left 19 Peak Hour Data T North Peak Hour Begins at 07:45 AN Peds & Bikes 4-1 r4 Left Right 1 Out In Total NW 2nd Avenue 13 14I 1 r. n NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applica tie decision -ruling body WIL reSewthe information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 E YW C©�Q treet NW 2nd Avenue at NW 29th Street PUBL, File Name Site Code Start Date Page No NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 29th Street Westbound Start Time Peds Bikes App. Total Peak Hour Analysis From 12:30 PM to 02:15 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 01:30 PM Peds Bikes App. Total Peds Bikes App. Total :N :0 : 2/ :5 1 G 0 Q- G. NOTICE This submittal needs to be scheduled fora pubnc hearing in accordance wrth timelines set torch in the City of Miami Code. The appllca de decision -ruling body WIL reSewthe information at the pubnc hearing to render a recommendation or a final decision. NW East Peds Bikes PZ-20-6099 12/07/20 4 eVI EW CO0Q treet p. Total Int. Total 01:30PM 0 0 0 0 0 0 4 2 6 3 2 5 11 01:45PM 0 0 0 6 0 6 7 1 8 6 1 7 21 02:00 PM 0 0 0 4 1 5 11 0 11 2 0 2 18 02:15 PM 1 0 1 10 0 10 20 0 20 4 1 5 36 Total Volume 1 0 1 20 1 21 42 3 45 15 4 19 86 % App. Total 100 0 95.2 4.8 93.3 6.7 78.9 21.1 P H F .250 .000 .250 .500 .250 .525 .525 .375 .563 .625 .500 .679 .597 NW 2nd Avenue at NW 29th Street PUBL, File Name : N Site Code : 0 Start Date : 2/ Page No : 6 0) N NW 2nd Avenue Out In Total 18 19 Peak Hour Data T North Peak Hour Begins at 01:30 PN Peds & Bikes 4-1 r4 Left Right 20 1 21 Out In Total NW 2nd Avenue 67 w 0) 0 0 z CD rn (D 0 0) 1 r. n NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applica tie decision -ruling body WIL re0ewthe information at the public hearing to render a recommendation or final decision. PZ-20-6099 12/07/20 E YW C©�Q treet 46 NW 2nd Avenue at NW 29th Street PUBL, File Name : N Site Code : 0 Start Date : 2/ Page No : 1 Groups Printed- Vehicle - Trucks 1 G 0 Q- G. NOTICE This submittal needs to be scheduled fora pubnc hearing in accordance wrth timelines set torch in the City of Miami Code. The appllca de decision -ruling body WIL reSewthe information at the pubnc hearing to render a recommendation or a final Decision. PZ-20-6099 12/07/20 INi EW C°V treet NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 29th Street Westbound NW 29th Street Eastbound Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total Int. Total 07:00 AM 0 5 51 10 66 0 5 23 3 31 0 14 35 2 51 0 8 56 11 75 223 07:15 AM 0 4 45 12 61 0 6 26 6 38 0 11 40 2 53 0 4 79 5 88 240 07:30 AM 0 15 85 9 109 0 2 42 7 51 0 20 33 2 55 0 2 68 16 86 301 07:45 AM 0 5 127 9 141 0 6 82 23 111 0 36 41 2 79 0 9 92 22 123 454 Total 0 29 308 40 377 0 19 173 39 231 0 81 149 8 238 0 23 295 54 372 1218 08:00 AM 0 9 126 7 142 0 8 84 25 117 0 29 45 4 78 0 6 100 20 126 463 08:15 AM 0 16 85 7 108 0 6 44 11 61 0 18 55 6 79 0 6 96 16 118 366 08:30 AM 0 15 87 16 118 0 4 45 12 61 0 22 37 3 62 0 12 89 22 123 364 08:45 AM 0 16 121 11 148 0 6 34 2 42 0 29 47 4 80 0 8 91 24 123 393 Total 0 56 419 41 516 0 24 207 50 281 0 98 184 17 299 0 32 376 82 490 1586 *** BREAK *** 12:30 PM 0 7 55 12 74 0 11 66 16 93 0 33 73 6 112 0 13 53 13 79 358 12:45 PM 0 5 56 12 73 0 16 58 13 87 0 39 78 6 123 0 12 60 23 95 378 Total 0 12 111 24 147 0 27 124 29 180 0 72 151 12 235 0 25 113 36 174 736 01:00 PM 0 8 54 9 71 0 10 53 15 78 0 27 54 7 88 0 20 81 11 112 349 01:15 PM 0 5 56 8 69 0 13 71 18 102 0 24 61 3 88 0 20 77 13 110 369 01:30 PM 0 2 59 15 76 0 12 42 16 70 0 30 52 7 89 0 16 64 15 95 330 01:45 PM 0 9 62 12 83 0 13 74 22 109 0 39 64 7 110 0 13 67 22 102 404 Total 0 24 231 44 299 0 48 240 71 359 0 120 231 24 375 0 69 289 61 419 1452 02:00 PM 0 8 53 18 79 0 17 81 27 125 0 29 62 12 103 0 23 54 15 92 399 02:15 PM 0 6 68 6 80 0 25 90 28 143 0 37 73 6 116 0 20 80 26 126 465 Grand Total 0 135 1190 173 1498 0 160 915 244 1319 0 437 850 79 1366 0 192 1207 274 1673 5856 Apprch % 0 9 79.4 11.5 0 12.1 69.4 18.5 0 32 62.2 5.8 0 11.5 72.1 16.4 Total % 0 2.3 20.3 3 25.6 0 2.7 15.6 4.2 22.5 0 7.5 14.5 1.3 23.3 0 3.3 20.6 4.7 28.6 Vehicle 0 134 1146 162 1442 0 154 865 239 1258 0 422 820 78 1320 0 184 1169 261 1614 5634 % Vehicle 0 99.3 96.3 93.6 96.3 0 96.2 94.5 98 95.4 0 96.6 96.5 98.7 96.6 0 95.8 96.9 95.3 96.5 96.2 Trucks 0 1 44 11 56 0 6 50 5 61 0 15 30 1 46 0 8 38 13 59 222 % Trucks 0 0.7 3.7 6.4 3.7 0 3.8 5.5 2 4.6 0 3.4 3.5 1.3 3.4 0 4.2 3.1 4.7 3.5 3.8 PUBL, NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 2 0 CO LOo N CO CO CO CO O CO CO v co coCO ON) 0) CO CO CO (0 N N N i 1 NW 2nd Avenue Out In Total 1127 59 1186 1442 56 1498 2569 115 2684 162 11 1146 44 134 1 173 1190 135 Right Thru Left North 2/18/2020 07:00 AM 2/18/2020 02:15 PM Vehicle Trucks Left Thru Right 154 6 865 50 239 5 160 915 244 1829 72 1901 1258 61 1319 3087 133 3220 Out In Total NW 2nd Avenue C CO CO CO 0 CON O O v _ A (T N CO CA - - A N CA A N CA O CO N N CO CO CS) N 0 C CZ CO 0) m 1 r. n NOTICE This submittal needs to be schedu led fora public hearing in accordance with timelines set forth in the City of Miami Code. The appllca de decision -ruling body WIL reSewthe information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 E YW C©�Q treet NW 2nd Avenue at NW 29th Street PUBL, File Name : N Site Code : 0 Start Date : 2/ Page No : 3 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 29th Street Westbound 1 G 0 Q- G. NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set torch in the City of Miami Code. The appllca de decision -ruling bodyodL reSewthe Information at the public hearing to render a recommendation or a final Decision. PZ-20-6099 12/07/20 NW 2 Eastbound �� few C©V treet Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:45 AM 07:45 AM 0 5 127 9 141 0 6 82 23 111 0 36 41 2 79 0 9 92 22 123 454 08:00 AM 0 9 126 7 142 0 8 84 25 117 0 29 45 4 78 0 6 100 20 126 463 08:15 AM 0 16 85 7 108 0 6 44 11 61 0 18 55 6 79 0 6 96 16 118 366 08:30 AM 0 15 87 16 118 0 4 45 12 61 0 22 37 3 62 0 12 89 22 123 364 Total Volume 0 45 425 39 509 0 24 255 71 350 0 105 178 15 298 0 33 377 80 490 1647 % App. Total 0 8.8 83.5 7.7 0 6.9 72.9 20.3 0 35.2 59.7 5 0 6.7 76.9 16.3 P H F .000 .703 .837 .609 .896 .000 .750 .759 .710 .748 .000 .729 .809 .625 .943 .000 .688 .943 .909 .972 .889 PUBL, NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 4 0) co co co i , 0_' 1 NW 2nd Avenue Out InTotal 09 39 425 45 Right Thru LeLf4t Peak Hour Data T North Peak Hour Begins at 07:45 AN Vehicle Trucks Left Thru Right 24 255 71 350 Out In Total NW 2nd Avenue 812 610I 960 VI m CDCD 1 r. n NOTICE This submittal needs to be schedu led fora public hearing in accordance wdh timelines set forth in the City of Miami Code. The applica tie decision -ruling body WIL reSewthe information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 E YW C©�Q treet 303 NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 5 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 29th Street Westbound Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total This submittal needs to be scheduled fora pubic hearing in accordance with timelines set torch in the City of Miami Code. The applica tie decision -ruling body will reSewthe Information at the pubic hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Ea U-Turns Left Thru ' fight App. Total Int. Total treet Peak Hour Analysis From 12:30 PM to 02:15 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 01:30 PM 01:30 PM 0 2 59 15 76 0 12 42 16 70 0 30 52 7 89 0 16 64 15 95 330 01:45 PM 0 9 62 12 83 0 13 74 22 109 0 39 64 7 110 0 13 67 22 102 404 02:00 PM 0 8 53 18 79 0 17 81 27 125 0 29 62 12 103 0 23 54 15 92 399 02:15 PM 0 6 68 6 80 0 25 90 28 143 0 37 73 6 116 0 20 80 26 126 465 Total Volume 0 25 242 51 318 0 67 287 93 447 0 135 251 32 418 0 72 265 78 415 1598 % App. Total 0 7.9 76.1 16 0 15 64.2 20.8 0 32.3 60 7.7 0 17.3 63.9 18.8 P H F .000 .694 .890 .708 .958 .000 .670 .797 .830 .781 .000 .865 .860 .667 .901 .000 .783 .828 .750 .823 .859 PUBL, NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 6 N CO 0) m i , 0_' 1 NW 2nd Avenue Out InTotal 18 51 242 25 Right Thru LeLf4t 709 Peak Hour Data North Peak Hour Begins at 01:30 PN Vehicle Trucks Left Thru Right 67 287 93 447 Out In Total NW 2nd Avenue 902 c CO 0 1 NOTICE This submittal needs to be schedu led fora public hearing in accordance wdh timelines set forth in the City of Miami Code. The applica tie decision -ruling body WIL reSewthe information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 E YW C©�Q treet 391 455 NW 2nd Avenue at NW 29th Street PUBL, File Name : N Site Code : 0 Start Date : 2/ Page No : 1 Groups Printed- Trucks 1 C. 0 Q- R NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set torch in the City of Miami Code. The applica tie decision -ruling bodyodL reSewthe information at the pane hearing to render a recommendation or a final Decision. PZ-20-6099 12/07/20 IEW C°° treet NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 29th Street Westbound NW 29th Street Eastbound Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total Int. Total 07:00 AM 0 0 3 0 3 0 0 1 0 1 0 1 1 0 2 0 0 2 3 5 11 07:15 AM 0 0 2 0 2 0 2 3 2 7 0 1 2 0 3 0 0 2 0 2 14 07:30 AM 0 0 4 2 6 0 0 2 0 2 0 0 1 0 1 0 0 0 1 1 10 07:45 AM 0 0 5 0 5 0 1 2 1 4 0 0 0 0 0 0 0 1 0 1 10 Total 0 0 14 2 16 0 3 8 3 14 0 2 4 0 6 0 0 5 4 9 45 08:00 AM 0 0 3 0 3 0 0 3 0 3 0 1 4 0 5 0 0 4 1 5 16 08:15 AM 0 0 5 1 6 0 0 3 0 3 0 0 3 0 3 0 0 3 1 4 16 08:30 AM 0 1 3 1 5 0 0 4 0 4 0 0 0 1 1 0 0 5 4 9 19 08:45 AM 0 0 3 0 3 0 0 6 0 6 0 0 1 0 1 0 0 4 2 6 16 Total 0 1 14 2 17 0 0 16 0 16 0 1 8 1 10 0 0 16 8 24 67 *** BREAK *** 12:30 PM 12:45 PM Total 01:00 PM 01:15 PM 01:30 PM 01:45 PM Total 02:00 PM 02:15 PM Grand Total Apprch % Total % 0 0 2 1 3 0 0 2 1 3 0 0 4 2 6 0 0 1 0 1 0 0 4 1 5 0 0 1 1 2 0 0 2 1 3 0 0 8 3 11 0 0 2 2 4 0 0 2 0 2 0 1 44 11 56 0 1.8 78.6 19.6 0 0.5 19.8 5 25.2 0 2 4 0 6 0 0 3 0 3 0 2 7 0 9 0 0 3 0 3 0 0 4 0 4 0 0 3 0 3 0 1 2 1 4 0 1 12 1 14 0 0 3 0 3 0 0 4 1 5 0 6 50 5 61 0 9.8 82 8.2 0 2.7 22.5 2.3 27.5 0 2 4 0 6 0 3 2 0 5 0 5 6 0 11 0 0 2 0 2 0 1 3 0 4 0 2 1 0 3 0 1 1 0 2 0 4 7 0 11 0 2 1 0 3 0 1 4 0 5 0 15 30 1 46 0 32.6 65.2 2.2 0 6.8 13.5 0.5 20.7 0 0 2 0 2 0 1 5 0 6 0 1 7 0 8 0 1 2 0 3 0 0 1 0 1 0 2 2 0 4 0 0 1 0 1 0 3 6 0 9 0 4 2 0 6 0 0 2 1 3 0 8 38 13 59 0 13.6 64.4 22 0 3.6 17.1 5.9 26.6 17 17 34 9 14 12 10 45 16 15 222 PUBL, NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 2 m 0) r NW 2nd Avenue Out InTotal 56 11 44 1 Right Thru LeLf4t North 115 2/18/2020 07:00 AM 2/18/2020 02:15 PM Trucks LeftThru Thu5Right 61 Out In Total NW 2nd Avenue 133 c w 0) 1 r. n NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The appllca tie decision -ruling body WIL reSewthe information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 E YW C©V treet 59 72 NW 2nd Avenue at NW 29th Street PUBL, File Name : N Site Code : 0 Start Date : 2/ Page No : 3 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 29th Street Westbound 1 G 0 Q- G. NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set torch in the City of Miami Code. The appllca de decision -ruling bodyodL reSewthe Information at the public hearing to render a recommendation or a final Decision. PZ-20-6099 12/07/20 NW 2 Eastbound �� few C©V treet Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 0 0 3 0 3 0 0 3 0 3 0 1 4 0 5 0 0 4 1 5 16 08:15 AM 0 0 5 1 6 0 0 3 0 3 0 0 3 0 3 0 0 3 1 4 16 08:30 AM 0 1 3 1 5 0 0 4 0 4 0 0 0 1 1 0 0 5 4 9 19 08:45 AM 0 0 3 0 3 0 0 6 0 6 0 0 1 0 1 0 0 4 2 6 16 Total Volume 0 1 14 2 17 0 0 16 0 16 0 1 8 1 10 0 0 16 8 24 67 % App. Total 0 5.9 82.4 11.8 0 0 100 0 0 10 80 10 0 0 66.7 33.3 P H F .000 .250 .700 .500 .708 .000 .000 .667 .000 .667 .000 .250 .500 .250 .500 .000 .000 .800 .500 .667 .882 PUBL, NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 4 O 10 co NW 2nd Avenue Out InTotal 17 2 14 1 Right Thru LeLf4t 34 Peak Hour Data North Peak Hour Begins at 08:00 AN Trucks LeftO Thru Righ16 t 16 Out In Total NW 2nd Avenue 39 �3 c m 0 `CZ CD 0) O 1 r. n NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applica tie decision -ruling body WIL reSewthe information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 E YW C©�Q treet 17 23 NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 5 NW 2nd Avenue Southbound NW 2nd Avenue Northbound NW 29th Street Westbound Start Time U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total U-Turns Left Thru Right App. Total This submittal needs to be scheduled fora pubic hearing in accordance with timelines set torch in the City of Miami Code. The applica tie decision -ruling body will reSewthe Information at the pubic hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Ea U-Turns Left Thru ' fight App. Total Int. Total treet Peak Hour Analysis From 12:30 PM to 02:15 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 12:30 PM 12:30PM 0 0 2 1 3 0 2 4 0 6 0 2 4 0 6 0 0 2 0 2 17 12:45PM 0 0 2 1 3 0 0 3 0 3 0 3 2 0 5 0 1 5 0 6 17 01:OOPM 0 0 1 0 1 0 0 3 0 3 0 0 2 0 2 0 1 2 0 3 9 01:15PM 0 0 4 1 5 0 0 4 0 4 0 1 3 0 4 0 0 1 0 1 14 Total Volume 0 0 9 3 12 0 2 14 0 16 0 6 11 0 17 0 2 10 0 12 57 % App. Total 0 0 75 25 0 12.5 87.5 0 0 35.3 64.7 0 0 16.7 83.3 0 P H F .000 .000 .563 .750 .600 .000 .250 .875 .000 .667 .000 .500 .688 .000 .708 .000 .500 .500 .000 .500 .838 PUBL, NW 2nd Avenue at NW 29th Street File Name : N Site Code : 0 Start Date : 2/ Page No : 6 CO N N O O NJ NW 2nd Avenue Out InTotal 12 3 9 0 Right Thru LeLf4t 28 Peak Hour Data North Peak Hour Begins at 12:30 PN Trucks Left ThruRight 14 16 Out In Total NW 2nd Avenue 31 O �3 c 1 r. n NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applica tie decision -ruling body WIL reSewthe information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 E YW C©�Q treet 16 15 CALTRAN Appendix C Seasonal Factor Documents This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicable decision -making bodywill renew the Information al the pubic hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 23 Traffic Characteristics Inventory - TCI 4 0 PUat/ FDOT Traffic Characteristics Inventory (TCI) - G 0 Q. 2/26/ Session Tim 00:18:3 Home Station-rCount Data Class DataTSpeed Data rFCAT-' Traffic Breaks Reports 1 Login NOTICE This submittal needs to be scheduled fora public hearing in aoraance wilt timelines set forth in the City of Mianx Code. The applies Pie decision -mating body will renew the information al the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 RE Seasonal Factor Axle Factor Seasonal Weekly Adjustment Axle Weekly Adjustment l Information Request County 87 Category 01 Count Year 12018 Select Seasonal Weekly Adjustment Factors County: 87 - MIAMI-DADE Category: 01 Count Year: 2018 - CALENDAR YEAR Category Description: MIAMI-DADE SOUTH First Previous 1 to 27 of 53 Next Last Week First Day Last Day Adjustment 1 01/01/2018 01/06/2018 1.01 2 01/07/2018 01/13/2018 1.01 3 01/14/2018 01/20/2018 1.00 4 01/21/2018 01/27/2018 0.99 5 01/28/2018 02/03/2018 0.98 6 02/04/2018 02/10/2018 0.97 7 02/11/2018 02/17/2018 0.96 8 02/18/2018 02/24/2018 0.96 9 02/25/2018 03/03/2018 0.96 10 03/04/2018 03/10/2018 0.96 11 03/11/2018 03/17/2018 0.96 12 03/18/2018 03/24/2018 0.96 13 03/25/2018 03/31/2018 0.96 14 04/01/2018 04/07/2018 0.96 15 04/08/2018 04/14/2018 0.96 16 04/15/2018 04/21/2018 0.96 17 04/22/2018 04/28/2018 0.98 18 04/29/2018 05/05/2018 0.99 19 05/06/2018 05/12/2018 1.01 20 05/13/2018 05/19/2018 1.02 21 05/20/2018 05/26/2018 1.03 22 05/27/2018 06/02/2018 1.03 23 06/03/2018 06/09/2018 1.04 24 06/10/2018 06/16/2018 1.04 few COV http://fdotwp2. dot.state. fl.us/trafficcharacteristicsinventory/Pages/FCAT/FCAT SeasonalW ... 2/26/2020 Traffic Characteristics Inventory - TCI 4 PURL/ :."o a� 25 06/17/2018 06/23/2018 1.04 26 06/24/2018 06/30/2018 1.04 27 07/01/2018 07/07/2018 1.05 7FTFCE OF CO M, TI4M T CNN+0Et>,, FL RIDA D PARTM T F TRA SP RTATI For Data or Collection uestions email: CO-TCIContacts or call 850 414-4848 -OR- Re ort Tec nical Pro lems to t e Service Des 1-866-955-4357 or email: Service Des Internet Privac Polic Disclaimers Credits NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-mahing bodywIIL renew the information at the public hearing to render a recommendation or a final decision. ldylffaride. PZ-20-6099 12/07/20 lEW COV http://fdotwp2. dot.state. fl.us/trafficcharacteristicsinventory/Pages/FCAT/FCAT SeasonalW ... 2/26/2020 CALTRAN Appendix D Growth Analysis This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 24 This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applica LLe decision-rna king body will renew the information at the public hearing to render a recommendali on or a final decie on. NW 31ht NW 30th • NW 26th St e ntro His Fa no Legend SERPM 8, 2015 Forecasted ADT Yu Ling Men'S Pre pa ratury Academy Senior High 0.0150.03 0.06 0.09 0.12 Mile Pr s Addition to; James Park NW 31st St NW 30th Si NW 26th St e nt I! Hispano NOTICE This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applica tie decision -making bedywill review the information at the public hearing to render e recommendation or a final decie on. Legend SERPM 8, 2045 Forecasted ADT Young Men's Pre pa ratury .academy Senior High FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION STATISTICS OFFICE 2018 HISTORICAL AADT REPORT COUNTY: 87 — MIAMI—DADE SITE: 8656 — NW 29TH AVE, 200 FT W OF US-441/NW 7TH AVE YEAR AADT DIRECTION 1 DIRECTION 2 *K FACTOR D FACTOR T FACTOR 2018 8600 S E 3200 W 5400 9.00 54.30 7.20 2017 9600 F E 3600 W 6000 9.00 59.30 6.90 2016 9800 C E 3700 W 6100 9.00 56.10 4.50 2015 8600 T E 4500 W 4100 9.00 57.40 7.70 2014 8700 S E 4600 W 4100 9.00 59.30 8.90 2013 8700 F E 4600 W 4100 9.00 58.90 16.20 2012 8700 C E 4600 W 4100 9.00 59.70 16.00 AADT FLAGS: C = COMPUTED; E = MANUAL ESTIMATE; F = FIRST YEAR ESTIMATE S = SECOND YEAR ESTIMATE; T = THIRD YEAR ESTIMATE; R = FOURTH YEAR ESTIMATE V = FIFTH YEAR ESTIMATE; 6 = SIXTH YEAR ESTIMATE; X = UNKNOWN *K FACTOR: STARTING WITH YEAR 2011 IS STANDARDK, PRIOR YEARS ARE K30 VALUES eo" NOTICE This submittal needs to be scheduled fora public bearing in accordance Yen E metres. forth In the City of Mon Code. The applicable decision -making body will renew Me information at Me public bearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Average Daily Traffic (Vehicles/Day) NW 29th St, 200' W of NW 7th Ave -- FIN# Location 0 1 12000 10000 8000 6000 4000 2000 0 County: Station #: Highway: =Observed Count Fitted Curve 2014 2019 2024 2029 Year 2034 2039 Trend R-squared: Compounded Annual Historic Growth Rate: Compounded Growth Rate (2018 to Design Year): 11.22% 1.39% 0.24% Printed: 26-Feb-20 Decaying Exponential Growth Option 2014 2015 2016 2017 2018 NOTICE This submittal needs to be scheduled fora public hearing in accordance wth timelines set forth in the City of Miami Code. The applicl o decision -making body NC review the Information at the public nearing to render a recommendation or a final decision. 8600 9800 9600 8600 PZ-20-6099 12/07/20 9100 9200 9300 2022 Opening Year Trend 2030 Mid -Year Trend 2040 Design Year Trend TRANPLAN Forecasts/Trends *Axle -Adjusted CALTRAN Appendix E Trip Generation Documents This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 25 Project Information Project Name: Bottle Blonde Restuarant No: Date: 2/7/2020 City: Miami State/Province: Florida Zip/Postal Code: 33137 Country: United States Client Name: ONE Sothebys Analyst's Name: Edition: Trip Gen Manual, 10th Ed + Supplement This submittal needs to be scheduled for a public hearing In accordance wM1h timelines set forth in the city of Mlami Code. The appdcca o decision -mating body vAl renew the Information at the pubdc hearIng to render a recommendation or a final decision. Land Use Size AM PEAK PM PEAK WEEKDAY Entry Exit Entry Exit Entry Exit 932 - High -Turnover (Sit -Down) Restaurant (General Urban/Suburban) 8.9 1000 Sq. Ft. GFA 48 40 54 33 499 499 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 48 40 54 33 499 499 Total 48 40 54 33 499 499 Total Reduction 0 0 0 0 0 0 Total lnternal 0 0 0 0 0 0 Total Pass -by 0 0 0 0 0 0 Total Non -pass -by 48 40 54 33 499 499 PZ-20-6099 12/07/20 CALTRAN Appendix F Trips Distribution Documents This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 26 TAZ of Origin County TAZ 495 495 496 496 497 497 498 498 499 499 500 500 501 501 502 Regional TAZ DIRECTIONAL TRIP DISTRI Miami -Dade 2045 Cost Feasible Plan Direction Trip Distribution Summar: Cardinal Directions Trips / Percent 3395 Trips 3395 Percent 3396 3396 3397 3397 3398 3398 3399 3399 3400 3400 Percent Percent Percent Percent Percent 3401 Trips 3401 Percent 3402 Trips 502 3402 Percent 503 503 504 3403 Trips 3403 Percent 3404 Trips 504 i 3404 Percent 505 505 506 451 14.1 123 SSW WSW WNA 223 192 498 441 658 7.0 6.0 15.6 13.8 20.6 62 59 115 238 217 { 12.0 6.0 5.7 11.2 I 23.2 91 115 65 181 128 9.9 12.5 7.0 19.7 13.9 876 211 319 331 730 20.8 5.0 7.6 7.9 17.3 12.6 538 210 250 396 413 668 15.7 6.1 7.3 11.6 12.1 19.5 817 383 380 316 614 730 16.1 7.6 7.5 6.2 12.1 14.4 437 14.7 290 11.8 461 16.3 212 15.5 210 7.0 114 4.6 201 7.1 78 5.7 270 9.1 161 6.5 236 8.3 63 4.6 3405 Trips 279 158 202 3405 Percent 9.7 5.5 7.0 3406 Trips 913 178 354 506 I 3406 Percent 507 507 16.5 3.2 6.4 3407 Trips 1,334 429 597 3407 Percent 15.6 5.0 7.0 508 I 3408 Trips 508 509 509 510 510 511 511 512 512 119 53 66 3408 Percent 10.8 4.8 5.9 3409 Trips 3409 130 97 86 Percent 10.6 7.9 3410 Trips 3410 Percent 3411 Trips 3411 Percent 3412 Trips 3412 Percent 7.0 837 325 15.3 5.9 590 183 13.8 4.3 304 86 327 6.0 4 106 12.6 3.6 4.4 513 3413 I Trips 1,331 287 544 513 3413 Percent 12.6 2.7 5.1 514 3414 Trips 606 285 189 514 3414 Percent 14.3 6.7 4.4 515 3415 Trips 725 397 285 144 4.8 248 10.1 283 10.0 141 10.3 327 11.4 659 11.9 1,047 12.3 128 11.6 146 11.9 592 10.8 546 12.8 259 10.8 1,151 10.9 446 10.5 645 21.1 130 14.1 533 353 11.1 99 9.7 126 13.7 503 11.9 546 15.9 942 NOTICE This submittal needs to be scheduled fora public hearing in c.cordance whh timelines set forth In the City of Miami Code. The applicable decision -making body ...AIL rewew the Information at the public hearing to render recommendation or a final deciaon. PZ-20-6099 12/07/20 114 11.1 86 922 9.3 716 4,235 17.0 406 11.8 880 18.6 17.4 1,035 3,491 5,197 230 503 636 550 3,063 7.7 16.9 21.4 18.5 212 477 614 349 2,512 8.6 19.4 24.9 14.2 330 424 512 387 2,856 11.6 173 12.6 15.0 18.1 13.7 307 250 149 1,372 22.4 18.2 390 638 13.5 22.1 649 1,227 11.7 22.1 1,080 1,956 12.7 22.9 189 243 17.1 21.9 250 263 20.4 21.4 1,070 975 19.5 17.8 749 887 17.6 20.8 478 491 19.9 20.4 479 16.6 881 15.9 1,133 13.3 154 13.9 140 11.4 671 12.2 521 12.2 316 13.2 10.8 409 2,992 14.2 681 5,673 12.3 958 8,705 11.2 157 1,125 14.2 116 1,228 9.5 693 5,663 12.6 603 14.1 366 2,464 15.2 4,416 1,713 2,702 1,445 1,406 11,014 16.2 25.5 600 1,047 14.1 24.7 705 1,180 515 3415 Percent 13.6 7.4 5.4 12.1 13.2 22.1 516 3416 Trips 2,894 745 1,048 2,185 3,635 5,772 516 3416 Percent 12.7 3.3 4.6 9.6 15.9 25.3 517 517 518 518 519 519 3417 Trips 3417 Percent 1,105 242 409 287 2,128 2,629 11.5 3418 Trips 3418 Percent 3419 Trips 3419 Percent 839 10.3 1,442 12.2 2.5 4.3 3.0 22.1 27.3 13.7 522 12.3 658 12.3 3,094 13.6 1,429 14.9 13.3 551 13.0 739 13.9 3,438 15.1 4,303 5,432 24,020 1,391 9,874 14.5 173 358 238 1,663 2,343 1,264 1,259 8,310 2.1 4.4 2.9 20.4 28.8 15.5 15.5 730 441 870 1,711 2,534 2,207 1,912 12,502 6.2 3.7 7.4 14.5 21.4 18.6 16.1 520 3420 Trips 1,053 253 503 365 1,688 2,744 2,085 1,442 10,411 520 3420 Percent 10.4 2.5 5.0 3.6 16.7 27.1 20.6 14.2 84 TAZ of Origin County TAZ 495 495 496 496 497 497 498 498 499 499 500 Regional TAZ 500 501 501 502 502 i 503 503 504 504 505 505 506 506 507 507 508 508 509 509 510 510 511 511 512 512 513 513 514 514 3399 3399 3400 3400 3401 3401 3402 3402 3403 3403 3404 3404 3405 3405 3406 3406 3407 3407 3408 3408 3409 3409 3410 3410 3411 3411 3412 3412 3413 3413 3414 3414 Trips / Percent Trips Percent Trips Percent Percent Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Percent Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent DIRECTIONAL TRIP DISTRI Miami -Dade 2015 Base Year Direction Trip Distribution Summary Cardinal Directions NNE Trips 186 11.0 105 12.0 ENE 74 4.4 49 5.6 684 152 21.1 4.7 314 134 14.9 6.4 589 217 17.0 6.3 273 112 16.4 6.8 12.0 5.4 408 141 18.7 6.5 279 151 10.8 5.8 SSE ESE 91 8.8 SSW 264 15.6 139 15.9 83 WSW 422 25.0 214 24.6 108 11.5 15.0 457 482 14.1 14.8 246 366 11.7 17.4 440 606 12.7 17.5 104 284 6.3 17.1 94 234 9.2 9.4 23.3 131 287 358 6.0 11.8 13.2 16.4 65 87 106 159 7.0 9.5 11.5 17.2 224 318 289 522 8.7 11.1 20.1 391 148 215 7.9 47 17 14 12.1 4.4 3.5 103 98 12.7 12.1 591 14.8 390 14.1 134 10.0 746 14.0 210 330 8.3 91 3.3 49 60 7.5 299 7.5 223 8.1 106 3.7 8.0 104 248 2.0 4.7 83 75 Percent 11.3 4.5 4.1 515 3415 Trips 655 305 233 515 3415 Percent 15.4 7.2 5.5 516 3416 Trips 1,764 366 682 241 14.3 90 10.3 90 12.5 200 6.2 239 11.4 227 6.6 115 6.9 107 10.7 256 12.3 329 12.2 353 13.0 48 12.5 106 13.1 463 11.6 408 14.7 122 9.2 760 14.3 222 12.0 472 11.1 1,406 516 3416 Percent 13.6 2.8 5.3 10.8 324 554 58 15.1 110 13.6 648 16.3 372 13.4 233 17.4 749 14.1 259 13.9 616 14.5 2,174 16.7 20.5 515 18.9 109 28.3 166 20.6 699 17.5 632 22.8 309 NOTICE This submRtal needs to be scheduled fora public hearing In accordance wlh timelines set forth In the City of Miami Code. The apptlwtle decision -making body xdl review the information at the public hearing to render a recommendation or a final deciaon PZ-20-6099 12/07/20 89 139 10.2 15.9 129 75 18.0 10.5 399 647 3,255 12.3 19.9 327 293 2,133 15.5 575 16.6 238 14.3 189 18.8 354 16.3 206 22.2 485 18.7 446 16.5 308 11.3 16. 44 484 12.1 292 10.5 141 23.2 10.6 1,260 632 23.7 11.9 474 258 25.5 808 19.0 2,919 22.5 13.9 449 10.6 1,415 10.9 517 517 518 518 519 519 3417 3417 3418 3418 3419 3419 Trips Percent Trips Percent Trips Percent 520 3420 Trips 850 12.4 554 9.9 1,252 13.1 922 167 308 2.4 4.5 126 228 2.3 4.1 576 6.1 196 371 3.9 358 520 3420 Percent 11.4 2.4 4.4 239 3.5 179 3.2 846 8.9 262 3.2 1,605 1,619 887 23.4 23.6 12.9 1,298 1,478 820 13.9 522 15.1 272 16.4 114 11.3 244 11.2 121 13.0 327 12.6 313 11.6 458 8 49 12.6 90 11.2 471 11.8 363 13.1 240 18.0 824 15.5 276 14.9 706 16.6 2,265 17.4 1,188 17.3 944 722 3,5 19 1,672 1,021 2,202 937 2,697 2,777 2,753 394 808 4,116 2,860 1,344 5,503 1,858 4,282 13,250 7,083 5,703 23.1 26.3 14.6 16.8 1,489 1,804 1,418 1,771 9,802 15.6 18.9 14.9 18.6 1,654 2,044 1,469 1,221 8,370 20.4 25.2 18.1 15.0 24 874 CALTRAN Appendix G Signal Timing Documents This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 27 PUBL./ n TRAFFIC SIGNAL INTERVAL DIAGRMS SIGNALOPERATING LAN SIGNAL HEAD NUMBER PED STRIAN HEA NUMBER 0 4 • M it y V P NOTICE ihlaaubmittal needs to be schedu Led for a public hearing In accordance wiHr hmellnes set forth in the City of Miami Code. The applies de delsion-making body will review the information at the public hearing to render a recommendation or a final decia on. PZ-20-6099 12/07/20 RE �w W CC !E�S PHASE INT 1 2 3 4 5 6 7' 8 9 10 II 12 P2 P4 02 ( Recall) (2+6) NU/ 2 5T 4 (Actuated) (4+8) NW AV( R/W PED.CL. G G 0 00 0 G • e 0000 P6 P8 W DW 00 04 R/W PED.CL. 00 00 O 0 0 0 000 000 000 000 0000 0000 0000000000 0000000000 00 00000000 0000000000 00 00 000 000 COO 0 0 0 DW 0 0 0 0 DW 0 0 0 0 000 OOdo 0 DW DW 0 0 O0 (D0 OO 0_. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 w U 02 0 0 0 000 000 000 000 000 000 0 0 DW 0 DW 0 DN DW 00 0 0 0 0 0 0 0 0 000 000 000 000 000 000 0 0 0 0 0 0 0 00 0 0 0 0 0 0 00 000 000 000 000 FLASHING *8PERA7/0N 0 000000® 000 000 0 0 • (2 +6) • IPED I' .. CP2.-P6). RING DIAGRAM C4 +8) 04 IPCP [PA*PS) 0 0 0 0 00 00 0 0 0 0 Drawn C. . RO066* Date 3/ 791, Check Date _3i/ DIvlelon Engineer Date METROPOLITAN DADE COUNTY DEPARTMENT OF • PUBLIC `NORKS NW 2 AVE & ,ASSET NOt 32¢20 NW 29 ST Placed In Service Date: /0-7-97 18Y:GI,t/PRACTAQr Phasing Number SIGNAL HEAD DETAILS 2,4 6.0 3-SECT, I -WAY 12`5T0 LENS e REO'D ITEM NO COI-13> SIGNAL HEADS 4 6 6 REQUIRE 4 BACKPLATES ITEM NO PZ - P4 P6, Pe irk / SECT, /-WRY 8 REQ'0. 1979 PEAK HOUR VOLUME COUNTS TO BE UPDATED BY CONTRACTOR 0442.1) SIGNAL 7TM/N6 TO BE UP JIA. BY CONTRACTOR (6604-3- ®-' ®®..• �' 8 �r \ ��'/ NOTES 69 TO CROSS PUSH N NW2AV FOR R10•4A 7A1-BO-1 - 4 REQ'D. NO TURNS ON RIO YNLb1 DAYS 7-9 NA 1-4 FM R/0-I/O NOTE 6 (tb-B4�. 4 REQ'O. NWZAV 03-1 /8- A48' 700-841 2 REO'O. NW Z95T 1 DATED \7gr AM PM1 I' : DEMAND WATTAGE FOR TMIS INTERSECTION 15 /4ZS WATTS. 2 FOR PAVEMENT MARKINGS AND SIGNS, SEE PAVEMENT MARKING PLAN. 3 LOOP ASSEMBLY (6.60-2-/OSHALL ESE S' X 3L1'.: 4 ALL CONDLOT SHALL BE 2" PVC' UNLESS 07W68W/SE /NO/CATEO.. 5 BID ITEM NC620-I I.- ONTRACTOR TO FURNISH AND INSTALL 150 LF GROUNDIPTW ELECTRODE. 6. EX/ST/NG R/Q-//A SIGN ASSEMBLIES 7a BE REMOVED FROM ROA05//0 POST AND MOUTE/J ON NEW MAST ARM_A5SEMBL/ES. ADDITIONAL MOUNTING - HARDWARE RE4U/RED TO BE /NCLUOE0 /N. PAY ITEM Cz00$4-/%. 03-/ /8" X 48" 7 ,O-84-1 2 REGD. REMOVAL ITEMS EA C90-2O) 4EA 6R0-30 /EA' 90-3/) ZEA 90-50 /EA 6f0.80 /EA 6f0-90 / PI SIGNAL `3) Darr Z HIED 2 R 40 fi35--/-// 660410 .O-1/80 BLDG ZONE LINE-? 1rSWK-/ R/W LINES NW 2 AVE fi35-I-I I 2 REQ'D. 660-2-101 R/W LINE ZONE LINE? PZ sl 47-/1-36 S/GNAL 630-1-3 35--/-// BLDG 7-O-3S IJ LPL MO' SAME TRENCH / M' 7' lU'El A .,, gg BENCH PUB(/ .57 12/07/20 45. REVI EW CO 87100-351 III < 0-/-/3)L00P LEADS -3O 1 /iD SIGNAL 630-/-/8) 35/// BLDG 635-/-// SBTT 35-1-11 2 REQ'0.. ZONE UNE-7 R/W UNE SSWKY , g5 n 1. (Wi'MG10- Es 639-2-1 BUJ w1 17 9 G30-/-/3 SIGNAL -rrSWK�INE%'f SW N' 7—..: DIRT-/ -.� r70NE I55 263 775Z BTU 30-F/ 647-//-2 / 0 C65 II fi35/// SER VICE 6: Olt H/610 FPBL SER✓ICE POINT PLANS UPDATED BY SEPT£MBEA /185 9-BS 2-i0�2 RES72 PARKING LOT -r 635-1-11. �35-1-// 602-I 9 7Q 5n 1 /191W, PLORmA D16.A6,y OF. T'RA,e.s -. CATEGORY II SIG NAL PLAN NW 2 AVE 81 NW 29- ST INTERSECTION IDENTIFICATION NUMBER 32420" LEAD (23 PUBLIC, Print Date: 9/24/2019 TOD Schedule Report for 2420: NW 2 Av&NW 29 St 0 o. TOD Asset Intersection Schedule Op Mode Plan # Cycle Offset 2420 NW 2 Av&NW 29 St DOW-3 N/A 0 0 Splits PH 1 PH 2 PH 3 PH 4 PH 5 PH 6 PH 7 PH 8 - WBT - NBT - EBT - SBT 0 0 0 0 0 0 0 0 T Active Phase Bank: Phase Bank 1 Phase Walk Don't Walk Min Initial Veh Ext Max Limit Max 2 Yellow Red Phase Bank 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1- 0- 0- 0 0- 0- 0 0- 0- 0 0- 0 - 0 0- 0- 0 0- 0- 0 0 0 2 WBT 7 - 7 - 7 22 - 22 - 22 7 - 7 - 7 1 - 1 - 1 20 - 20 - 20 0 - 40 - 40 4 2 3- 0- 0- 0 0- 0- 0 0- 0- 0 0- 0 - 0 0- 0- 0 0- 0- 0 0 0 4 NBT 7 - 7 - 7 13 - 13 - 13 7 - 7 - 7 2.5 -2.5 - 2.5 23 - 23 - 23 40 - 40 - 40 4 2 5- 0- 0- 0 0- 0- 0 0- 0- 0 0- 0 - 0 0- 0- 0 0- 0- 0 0 0 6 EBT 7 - 7 - 7 22 - 22 - 22 7 - 7 - 7 1 - 1 - 1 20 - 20 - 20 0 - 40 - 40 4 2 7- 0- 0- 0 0- 0- 0 0- 0- 0 0- 0 - 0 0- 0- 0 0- 0- 0 0 0 8 SBT 7 - 7 - 7 13 - 13 - 13 7 - 7 - 7 2.5 -2.5 - 2.5 23 - 23 - 23 40 - 40 - 40 4 2 N/ 4 N � V NOTICE This submittal needs to be scheduled fora public hearing In accordance wkh timelines set forth In the City of Miami Code. The apphcca de decision -making body vAl renew the information at the pubic hearing to render a recommendation or a final decision. PZ-20-6099 A', 12/07/20 9\14/ A.. 1 EW CO - Last In Service Date: unknown Time: 5 PM tive imum ax 0 Permitted Phases 12345678 Default-2-4-6-8 External Permit 0 External Permit 1 External Permit 2 Page 1 of 2 Print Date: 9/24/2019 TOD Schedule Report for 2420: NW 2 Av&NW 29 St Current Cycle 1 2 - WBT Green Time 7 8 - SBT Ring Offset Offset 3 4 - NBT 5 6 - EBT TOD Schedule Plan 1 75 0 40 0 23 0 40 0 23 0 40 2 65 0 33 0 20 0 33 0 20 0 35 3 60 0 29 0 19 0 29 0 19 0 31 11 75 0 40 0 23 0 40 0 23 0 40 Local TO Time 0000 0200 0600 0600 0700 0700 0915 1345 1600 1700 1800 1800 2000 Current Time of Day Function Time Function 0000 TOD OUTPUTS Settings* Day of Week SuMTWThFS Local Time of Day Function Time Function 0000 TOD OUTPUTS Settings* Day of Week SuMTWThFS No Calendar Defined/Enabled NOTICE This submittal needs to be scheduled for a puboc hearing In accordance wM1h timelines set forth in the City of Miami Code. The apptice decision -mating body vAl renew the Information at the pubdc hearIng to render a recommendation or a final decision. PZ-20-6099 12/07/20 Time: 5 PM �tr F S Th F S W Th F S M T W Th F M T W Th F M T W Th F W MT ThF M T W Th F M T W Th F * Settings Blank - FREE - Phase Bank 1, Max 1 Blank - Plan - Phase Bank 1, Max 2 1 - Phase Bank 2, Max 1 2 - Phase Bank 2, Max 2 3 - Phase Bank 3, Max 1 4 - Phase Bank 3, Max 2 5 - EXTERNAL PERMIT 1 6 - EXTERNAL PERMIT 2 7 - X-PED OMIT 8 - TBA Page 2 of 2 CALTRAN Appendix H Synchro Reports This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 28 CALTRAN INPUTS This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 29 Lanes, Volumes, Timings Existing Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street i- T Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations (114 41) "I Traffic Volume (vph) 32 362 77 101 171 14 23 245 68 Future Volume (vph) 32 362 77 101 171 14 23 245 68 43 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 0 0 0 95 0 125 Storage Lanes 0 0 0 0 1 0 1 Taper Length (ft) 25 25 25 25 Lane Util. Factor 0.95 0.95 0.95 0.95 0.95 0.95 1.00 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 1.00 1.00 0.99 0.99 0.99 1.00 Frt 0.975 0.993 0.968 0.987 Flt Protected 0.997 0.983 0.950 0.950 Satd. Flow (prot) 0 3362 0 0 3352 0 1752 1775 0 1736 1799 0 Flt Permitted 0.912 0.674 0.188 0.393 Satd. Flow (perm) 0 3075 0 0 2298 0 345 1775 0 713 1799 Right Turn on Red Yes Yes Yes Yes Satd. Flow (RTOR) 47 11 19 6 .El Link Speed (mph) 30 30 30 30 Link Distance (ft) 688 585 338 234 Travel Time (s) 15.6 13.3 7.7 5.3 Confl. Peds. (#/hr) 4 1 1 4 15 13 13 15 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Heavy Vehicles (%) 4% 4% 4% 5% 5% 5% 3% 3% 3% 4% 4% 4% Adj. Flow (vph) 36 407 87 113 192 16 26 275 76 48 458 42 Shared Lane Traffic (%) Lane Group Flow (vph) 0 530 0 0 321 0 26 351 0 48 500 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Number of Detectors 1 2 1 2 1 2 1 2 Detector Template Left Thru Left Thru Left Thru Left Thru Leading Detector (ft) 20 100 20 100 20 100 20 100 7 Trailing Detector (ft) 0 0 0 0 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 0 0 0 0 di Detector 1 Size(ft) 20 6 20 6 20 6 20 6 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 94 94 Detector 2 Size(ft) 6 6 6 6 Detector 2 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 0.0 0.0 NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1900 0 0 Baseline Synchro 10 Report Page 1 Lanes, Volumes, Timings Existing Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street Lane Group Turn Type Protected Phases Permitted Phases 6 2 8 Detector Phase 6 6 2 2 8 8 Switch Phase Minimum Initial (s) 7.0 7.0 7.0 Minimum Split (s) 35.0 35.0 35.0 Total Split (s) 46.0 46.0 46.0 Total Split (%) 61.3% 61.3% 61.3% Maximum Green (s) 40.0 40.0 40.0 Yellow Time (s) 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 Lost Time Adjust (s) 0.0 Total Lost Time (s) 6.0 Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) 1.0 1.0 Recall Mode None None Walk Time (s) 7.0 7.0 Flash Dont Walk (s) 22.0 22.0 Pedestrian Calls (#/hr) 0 0 Act Effct Green (s) 40.0 Actuated g/C Ratio 0.53 v/c Ratio 0.32 Control Delay 9.5 Queue Delay 0.0 Total Delay 9.5 LOS A Approach Delay 9.5 Approach LOS A Intersection Summary Area Type: Other Cycle Length: 75 Actuated Cycle Length: 75 Offset: 40 (53%), Referenced to phase 2:WBTL, Start of Green Natural Cycle: 65 Control Type: Actuated -Coordinated Maximum v/c Ratio: 0.90 Intersection Signal Delay: 24.2 Intersection Capacity Utilization 87.6% Analysis Period (min) 15 7.0 35.0 46.0 61.3% 40.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 PZ-20-6099 12/07/20 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 • 1.0 1.0 2.5 2.5 2.5 2.5 C-Max C-Max Max Max Max Max 7.0 7.0 7.0 7.0 7.0 7.0 22.0 22.0 13.0 13.0 13.0 13.0 0 0 0 0 0 0 40.0 23.0 23.0 23.0 23.0 0.53 0.31 0.31 0.31 0.31 0.26 0.25 0.63 0.22 0.90 9.8 26.9 27.1 22.6 47.1 0.0 0.0 0.0 0.0 0.0 9.8 26.9 27.1 22.6 47.1 A C C C D 9.8 27.0 44.9 A C D Splits and Phases: 1: NW 2nd Avenue & NW 29th Street Intersection LOS: C ICU Level of Service E (4 ..IL � ' 46s 29s} 16s 29s Baseline Synchro 10 Report Page 2 Lanes, Volumes, Timings Existing Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue t Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations Traffic Volume (vph) 0 11 18 10 26 12 18 334 9 Future Volume (vph) 0 11 18 10 26 12 18 334 9 13 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor Frt 0.915 0.966 0.997 0.997 Flt Protected 0.990 _ 0.998 0.999 Satd. Flow (prot) 0 1672 0 0 1747 0 0 1800 0 0 1820 0 Flt Permitted 0.990 0.998 0.999 Satd. Flow (perm) 0 1672 0 0 1747 0 0 1800 0 0 1820 0 Link Speed (mph) 30 30 30 30 Link Distance (ft) 663 589 304 338 Travel Time (s) 15.1 13.4 6.9 7.7 Confl. Peds. (#/hr) 1 1 7 31 31 7 Peak Hour Factor 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 Heavy Vehicles (%) 4% 4% 4% 4% 4% 4% 5% 5% 5% 4% 4% 4% Adj. Flow (vph) 0 13 22 12 32 15 22 407 11 16 689 15 Shared Lane Traffic (%) Lane Group Flow (vph) 0 35 0 0 59 0 0 440 0 0 720 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 I 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Sign Control Stop Stop Free Free Intersection Summary Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 50.9% ICU Level of Service A Analysis Period (min) 15 NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1900 1.00 Baseline Synchro 10 Report Page 3 Lanes, Volumes, Timings Existing Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street i- T Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations (114 41) 1 Traffic Volume (vph) 69 254 75 130 241 31 64 276 89 Future Volume (vph) 69 254 75 130 241 31 64 276 89 24 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 0 0 0 95 0 125 Storage Lanes 0 0 0 0 1 0 1 Taper Length (ft) 25 25 25 25 Lane Util. Factor 0.95 0.95 0.95 0.95 0.95 0.95 1.00 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 0.99 0.99 0.99 0.99 0.98 0.99 Frt 0.972 0.988 0.964 0.974 Flt Protected 0.991 0.984 0.950 0.950 Satd. Flow (prot) 0 3314 0 0 3337 0 1752 1752 0 1736 1769 0 Flt Permitted 0.795 0.686 0.427 0.291 Satd. Flow (perm) 0 2658 0 0 2316 0 778 1752 0 520 1769 Right Turn on Red Yes Yes Yes Yes Satd. Flow (RTOR) 57 18 22 15 .El Link Speed (mph) 30 30 30 30 Link Distance (ft) 688 585 338 234 Travel Time (s) 15.6 13.3 7.7 5.3 Confl. Peds. (#/hr) 1 21 21 1 19 45 45 19 Peak Hour Factor 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 Heavy Vehicles (%) 4% 4% 4% 5% 5% 5% 3% 3% 3% 4% 4% 4% Adj. Flow (vph) 80 295 87 151 280 36 74 321 103 28 270 57 Shared Lane Traffic (%) Lane Group Flow (vph) 0 462 0 0 467 0 74 424 0 28 327 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Number of Detectors 1 2 1 2 1 2 1 2 Detector Template Left Thru Left Thru Left Thru Left Thru Leading Detector (ft) 20 100 20 100 20 100 20 100 7 Trailing Detector (ft) 0 0 0 0 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 0 0 0 0 di Detector 1 Size(ft) 20 6 20 6 20 6 20 6 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 94 94 Detector 2 Size(ft) 6 6 6 6 Detector 2 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 0.0 0.0 NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1900 0 0 Baseline Synchro 10 Report Page 1 Lanes, Volumes, Timings Existing Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street Lane Group Turn Type Protected Phases Permitted Phases 6 2 8 Detector Phase 6 6 2 2 8 8 Switch Phase Minimum Initial (s) 7.0 7.0 7.0 Minimum Split (s) 35.0 35.0 35.0 Total Split (s) 46.0 46.0 46.0 Total Split (%) 61.3% 61.3% 61.3% Maximum Green (s) 40.0 40.0 40.0 Yellow Time (s) 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 Lost Time Adjust (s) 0.0 Total Lost Time (s) 6.0 Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) 1.0 1.0 Recall Mode None None Walk Time (s) 7.0 7.0 Flash Dont Walk (s) 22.0 22.0 Pedestrian Calls (#/hr) 0 0 Act Effct Green (s) 40.0 Actuated g/C Ratio 0.53 v/c Ratio 0.32 Control Delay 9.2 Queue Delay 0.0 Total Delay 9.2 LOS A Approach Delay 9.2 Approach LOS A Intersection Summary 7.0 35.0 46.0 61.3% 40.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 PZ-20-6099 12/07/20 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 • 1.0 1.0 2.5 2.5 2.5 2.5 C-Max C-Max Max Max Max Max 7.0 7.0 7.0 7.0 7.0 7.0 22.0 22.0 13.0 13.0 13.0 13.0 0 0 0 0 0 0 40.0 23.0 23.0 23.0 23.0 0.53 0.31 0.31 0.31 0.31 0.38 0.31 0.77 0.18 0.59 10.9 24.4 33.5 22.6 26.2 0.0 0.0 0.0 0.0 0.0 10.9 24.4 33.5 22.6 26.2 B C C C C 10.9 32.2 25.9 B C C Area Type: Other Cycle Length: 75 Actuated Cycle Length: 75 Offset: 40 (53%), Referenced to phase 2:WBTL, Start of Green Natural Cycle: 65 Control Type: Actuated -Coordinated Maximum v/c Ratio: 0.77 Intersection Signal Delay: 19.4 Intersection Capacity Utilization 88.9% Analysis Period (min) 15 Splits and Phases: 1: NW 2nd Avenue & NW 29th Street Intersection LOS: B ICU Level of Service E (4 ..IL � ' 46s 29s} 16s 29s Baseline Synchro 10 Report Page 2 Lanes, Volumes, Timings Existing Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue 1- T Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations Traffic Volume (vph) 8 10 10 9 12 25 9 392 16 Future Volume (vph) 8 10 10 9 12 25 9 392 16 15 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 1 Frt Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Link Speed (mph) Link Distance (ft) Travel Time (s) Confl. Peds. (#/hr) 55 14 14 55 132 189 189 132 Peak Hour Factor 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 Heavy Vehicles (%) 4% 4% 4% 4% 4% 4% 5% 5% 5% 4% 4% 4% Adj. Flow (vph) 10 12 12 11 14 30 11 472 19 18 505 19 Shared Lane Traffic (%) Lane Group Flow (vph) 0 34 0 0 55 0 0 502 0 0 542 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 I 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Sign Control Stop Stop Free Free Intersection Summary Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 49.5% ICU Level of Service A Analysis Period (min) 15 NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1900 1.00 0.952 0.926 0.995 0.995 0.986 0.990 0.999 0.998 0 1715 0 0 1675 0 0 1799 0 0 1814 0 0.986 0.990 0.999 0.998 0 1715 0 0 1675 0 0 1799 0 0 1814 0 30 30 30 30 663 589 304 338 15.1 13.4 6.9 7.7 Baseline Synchro 10 Report Page 3 Lanes, Volumes, Timings Future No Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street i- t Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations (114 41 "I Traffic Volume (vph) 33 377 80 105 178 15 24 255 71 Future Volume (vph) 33 377 80 105 178 15 24 255 71 45 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 0 0 0 95 0 125 Storage Lanes 0 0 0 0 1 0 1 Taper Length (ft) 25 25 25 25 Lane Util. Factor 0.95 0.95 0.95 0.95 0.95 0.95 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 1.00 1.00 0.99 0.99 0.99 1.00 Frt 0.975 0.992 0.967 0.987 Flt Protected 0.997 0.983 0.950 0.950 Satd. Flow (prot) 0 3363 0 0 3348 0 1752 1774 0 1736 1799 0 Flt Permitted 0.911 0.665 0.174 0.370 Satd. Flow (perm) 0 3072 0 0 2265 0 319 1774 0 671 1799 Right Turn on Red Yes Yes Yes Yes Satd. Flow (RTOR) 46 11 19 6 .El Link Speed (mph) 30 30 30 30 Link Distance (ft) 688 585 338 234 Travel Time (s) 15.6 13.3 7.7 5.3 Confl. Peds. (#/hr) 4 1 1 4 15 13 13 15 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Heavy Vehicles (%) 4% 4% 4% 5% 5% 5% 3% 3% 3% 4% 4% 4% Adj. Flow (vph) 37 424 90 118 200 17 27 287 80 51 478 44 Shared Lane Traffic (%) Lane Group Flow (vph) 0 551 0 0 335 0 27 367 0 51 522 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Number of Detectors 1 2 1 2 1 2 1 2 Detector Template Left Thru Left Thru Left Thru Left Thru Leading Detector (ft) 20 100 20 100 20 100 20 100 7 Trailing Detector (ft) 0 0 0 0 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 0 0 0 0 di Detector 1 Size(ft) 20 6 20 6 20 6 20 6 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 94 94 Detector 2 Size(ft) 6 6 6 6 Detector 2 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 0.0 0.0 This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1900 0 0 1.00 Baseline Synchro 10 Report Page 1 Lanes, Volumes, Timings Future No Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street t Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Turn Type Perm NA Perm NA Perm NA Protected Phases 6 2 8 Permitted Phases 6 2 8 Detector Phase 6 6 2 2 8 8 Switch Phase Minimum Initial (s) 7.0 7.0 7.0 Minimum Split (s) 35.0 35.0 35.0 Total Split (s) 46.0 46.0 46.0 Total Split (%) 61.3% 61.3% 61.3% Maximum Green (s) 40.0 40.0 40.0 Yellow Time (s) 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 Lost Time Adjust (s) 0.0 Total Lost Time (s) 6.0 Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) 1.0 1.0 Recall Mode None None Walk Time (s) 7.0 7.0 Flash Dont Walk (s) 22.0 22.0 Pedestrian Calls (#/hr) 0 0 Act Effct Green (s) 40.0 Actuated g/C Ratio 0.53 v/c Ratio 0.33 Control Delay 9.7 Queue Delay 0.0 Total Delay 9.7 LOS A Approach Delay 9.7 Approach LOS A Intersection Summary Area Type: Other Cycle Length: 75 Actuated Cycle Length: 75 Offset: 40 (53%), Referenced to phase 2:WBTL, Start of Green Natural Cycle: 65 Control Type: Actuated -Coordinated Maximum v/c Ratio: 0.94 Intersection Signal Delay: 26.4 Intersection Capacity Utilization 89.1% Analysis Period (min) 15 7.0 35.0 46.0 61.3% 40.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 PZ-20-6099 12/07/20 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 • 1.0 1.0 2.5 2.5 2.5 2.5 C-Max C-Max Max Max Max Max 7.0 7.0 7.0 7.0 7.0 7.0 22.0 22.0 13.0 13.0 13.0 13.0 0 0 0 0 0 0 40.0 23.0 23.0 23.0 23.0 0.53 0.31 0.31 0.31 0.31 0.28 0.28 0.66 0.25 0.94 10.0 28.8 28.0 23.5 53.6 0.0 0.0 0.0 0.0 0.0 10.0 28.8 28.0 23.5 53.6 A C C C D 10.0 28.1 50.9 A C D .11 Splits and Phases: 1: NW 2nd Avenue & NW 29th Street Intersection LOS: C ICU Level of Service E (4 ..IL � ' 46s 29s} 16s 29s Baseline Synchro 10 Report Page 2 Lanes, Volumes, Timings Future No Build Out Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue T Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations Traffic Volume (vph) 0 11 19 10 27 12 19 348 9 Future Volume (vph) 0 11 19 10 27 12 19 348 9 14 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 1 Frt 0.914 0.966 0.997 0.997 Flt Protected 0.990 0.997 0.999 Satd. Flow (prot) 0 1670 0 0 1747 0 0 1799 0 0 1820 0 Flt Permitted 0.990 0.997 0.999 Satd. Flow (perm) 0 1670 0 0 1747 0 0 1799 0 0 1820 0 Link Speed (mph) 30 30 30 30 Link Distance (ft) 663 589 304 338 Travel Time (s) 15.1 13.4 6.9 7.7 Confl. Peds. (#/hr) 1 1 7 31 31 7 Peak Hour Factor 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 Heavy Vehicles (%) 4% 4% 4% 4% 4% 4% 5% 5% 5% 4% 4% 4% Adj. Flow (vph) 0 13 23 12 33 15 23 424 11 17 717 16 Shared Lane Traffic (%) Lane Group Flow (vph) 0 36 0 0 60 0 0 458 0 0 750 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 I 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Sign Control Stop Stop Free Free Intersection Summary iM Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 52.5% ICU Level of Service A Analysis Period (min) 15 NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1900 1.00 Baseline Synchro 10 Report Page 3 Lanes, Volumes, Timings Future No Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street i- t Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations (114 41) 1 Traffic Volume (vph) 72 265 78 135 251 32 67 287 93 Future Volume (vph) 72 265 78 135 251 32 67 287 93 25 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 0 0 0 95 0 125 Storage Lanes 0 0 0 0 1 0 1 Taper Length (ft) 25 25 25 25 Lane Util. Factor 0.95 0.95 0.95 0.95 0.95 0.95 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 0.99 0.99 0.99 0.98 0.98 0.99 Frt 0.972 0.989 0.963 0.974 Flt Protected 0.991 0.984 0.950 0.950 Satd. Flow (prot) 0 3314 0 0 3340 0 1752 1750 0 1736 1769 0 Flt Permitted 0.787 0.680 0.409 0.266 Satd. Flow (perm) 0 2632 0 0 2298 0 746 1750 0 476 1769 Right Turn on Red Yes Yes Yes Yes Satd. Flow (RTOR) 57 17 22 15 .El Link Speed (mph) 30 30 30 30 Link Distance (ft) 688 585 338 234 Travel Time (s) 15.6 13.3 7.7 5.3 Confl. Peds. (#/hr) 1 21 21 1 19 45 45 19 Peak Hour Factor 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 Heavy Vehicles (%) 4% 4% 4% 5% 5% 5% 3% 3% 3% 4% 4% 4% Adj. Flow (vph) 84 308 91 157 292 37 78 334 108 29 281 59 Shared Lane Traffic (%) Lane Group Flow (vph) 0 483 0 0 486 0 78 442 0 29 340 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Number of Detectors 1 2 1 2 1 2 1 2 Detector Template Left Thru Left Thru Left Thru Left Thru Leading Detector (ft) 20 100 20 100 20 100 20 100 7 Trailing Detector (ft) 0 0 0 0 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 0 0 0 0 di Detector 1 Size(ft) 20 6 20 6 20 6 20 6 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 94 94 Detector 2 Size(ft) 6 6 6 6 Detector 2 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 0.0 0.0 This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1900 0 0 1.00 Baseline Synchro 10 Report Page 1 Lanes, Volumes, Timings Future No Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street t Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Turn Type Perm NA Perm NA Perm NA Protected Phases 6 2 8 Permitted Phases 6 2 8 Detector Phase 6 6 2 2 8 8 Switch Phase Minimum Initial (s) 7.0 7.0 7.0 Minimum Split (s) 35.0 35.0 35.0 Total Split (s) 46.0 46.0 46.0 Total Split (%) 61.3% 61.3% 61.3% Maximum Green (s) 40.0 40.0 40.0 Yellow Time (s) 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 Lost Time Adjust (s) 0.0 Total Lost Time (s) 6.0 Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) 1.0 1.0 Recall Mode None None Walk Time (s) 7.0 7.0 Flash Dont Walk (s) 22.0 22.0 Pedestrian Calls (#/hr) 0 0 Act Effct Green (s) 40.0 Actuated g/C Ratio 0.53 v/c Ratio 0.34 Control Delay 9.5 Queue Delay 0.0 Total Delay 9.5 LOS A Approach Delay 9.5 Approach LOS A Intersection Summary 7.0 35.0 46.0 61.3% 40.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 PZ-20-6099 12/07/20 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 • 1.0 1.0 2.5 2.5 2.5 2.5 C-Max C-Max Max Max Max Max 7.0 7.0 7.0 7.0 7.0 7.0 22.0 22.0 13.0 13.0 13.0 13.0 0 0 0 0 0 0 40.0 23.0 23.0 23.0 23.0 0.53 0.31 0.31 0.31 0.31 0.39 0.34 0.80 0.20 0.62 11.1 25.4 35.9 23.6 26.9 0.0 0.0 0.0 0.0 0.0 11.1 25.4 35.9 23.6 26.9 B C D C C 11.1 34.4 26.7 B C C Area Type: Other Cycle Length: 75 Actuated Cycle Length: 75 Offset: 40 (53%), Referenced to phase 2:WBTL, Start of Green Natural Cycle: 65 Control Type: Actuated -Coordinated Maximum v/c Ratio: 0.80 Intersection Signal Delay: 20.3 Intersection Capacity Utilization 89.9% Analysis Period (min) 15 Splits and Phases: 1: NW 2nd Avenue & NW 29th Street Intersection LOS: C ICU Level of Service E (4 ..IL � ' 46s 29s} 16s 29s Baseline Synchro 10 Report Page 2 Lanes, Volumes, Timings Future No Build Out Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue 1- T Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations Traffic Volume (vph) 8 10 10 9 13 26 9 408 17 Future Volume (vph) 8 10 10 9 13 26 9 408 17 16 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 1 Frt 0.952 0.928 0.995 0.995 Flt Protected 0.986 0.991 0.999 0.998 Satd. Flow (prot) 0 1715 0 0 1680 0 0 1799 0 0 1814 0 Flt Permitted 0.986 0.991 0.999 0.998 Satd. Flow (perm) 0 1715 0 0 1680 0 0 1799 0 0 1814 0 Link Speed (mph) 30 30 30 30 Link Distance (ft) 663 589 304 338 Travel Time (s) 15.1 13.4 6.9 7.7 Confl. Peds. (#/hr) 55 14 14 55 132 189 189 132 Peak Hour Factor 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 Heavy Vehicles (%) 4% 4% 4% 4% 4% 4% 5% 5% 5% 4% 4% 4% Adj. Flow (vph) 10 12 12 11 16 31 11 492 20 19 525 20 Shared Lane Traffic (%) Lane Group Flow (vph) 0 34 0 0 58 0 0 523 0 0 564 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 I 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Sign Control Stop Stop Free Free Intersection Summary iM Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 51.1% ICU Level of Service A Analysis Period (min) 15 NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1.00 1900 1.00 Baseline Synchro 10 Report Page 3 Lanes, Volumes, Timings Future Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street Lane Group Lane Configurations Traffic Volume (vph) Future Volume (vph) Ideal Flow (vphpl) Storage Length (ft) Storage Lanes Taper Length (ft) Lane Util. Factor Ped Bike Factor Frt Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Right Turn on Red Satd. Flow (RTOR) Link Speed (mph) Link Distance (ft) Travel Time (s) Confl. Peds. (#/hr) Peak Hour Factor Heavy Vehicles (%) Adj. Flow (vph) Shared Lane Traffic (%) Lane Group Flow (vph) f EBL EBT EBR WBL (114 57 377 80 57 377 80 1900 1900 1900 0 0 0 0 25 0.95 0.95 0.95 1.00 0.977 0.994 0 3360 0 0.869 0 2936 0 Yes 4 0.89 4% 64 43 30 688 15.6 0.89 4% 424 1 0.89 4% 90 This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. WBT WBR NBL NBT NBR 414 110 178 15 24 110 178 15 24 1900 1900 1900 1900 0 0 95 0 0 1 25 25 0.95 0.95 0.95 1.00 1.00 1.00 0.993 0.982 0.950 0 3348 0 1752 0.649 0.174 0 2212 0 319 Yes 1 0.89 5% 124 11 30 585 13.3 0.89 5% 200 4 0.89 5% 17 15 0.89 3% 27 255 71 255 71 45 1900 1900 1900 0 125 0 1 25 1.00 1.00 1.00 0.99 0.99 0.967 1774 0 1774 0 Yes 19 30 338 7.7 0.89 3% 287 13 0.89 3% 80 PZ-20-6099 12/07/20 1900 1.00 1.00 0.984 1900 0 0 1.00 0.950 1736 1792 0 0.370 671 1792 Yes 13 0.89 4% 51 8 30 234 5.3 0.89 4% 478 15 0.89 4% 58 0 578 0 0 341 0 27 367 0 51 536 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Median Width(ft) Link Offset(ft) Crosswalk Width(ft) Two way Left Turn Lane Headway Factor Turning Speed (mph) Number of Detectors Detector Template Leading Detector (ft) Trailing Detector (ft) Detector 1 Position(ft) Detector 1 Size(ft) Detector 1 Type Detector 1 Channel Detector 1 Extend (s) Detector 1 Queue (s) Detector 1 Delay (s) Detector 2 Position(ft) Detector 2 Size(ft) Detector 2 Type Detector 2 Channel Detector 2 Extend (s) Left Left Right 0 0 16 Left Left 0 0 16 Right Left Left 12 0 16 Right Left Left Right 12 0 16 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 15 9 15 9 15 9 15 9 1 2 1 2 1 2 1 2 Left Thru Left Thru Left Thru Left Thru 20 100 20 100 20 100 20 100 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ill 20 6 20 6 20 6 20 6 CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex 0.0 0.0 0.0 0.0 0.0 0.0 94 6 CI+Ex 0.0 0.0 0.0 0.0 0.0 0.0 94 6 CI+Ex 0.0 0.0 0.0 0.0 0.0 0.0 94 6 CI+Ex 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 94 6 CI+Ex 0.0 Baseline Synchro 10 Report Page 1 Lanes, Volumes, Timings Future Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street Lane Group Turn Type Protected Phases Permitted Phases 6 2 8 Detector Phase 6 6 2 2 8 8 Switch Phase Minimum Initial (s) 7.0 7.0 7.0 7.0 Minimum Split (s) 35.0 35.0 35.0 35.0 Total Split (s) 46.0 46.0 46.0 46.0 Total Split (%) 61.3% 61.3% 61.3% 61.3% Maximum Green (s) 40.0 40.0 40.0 40.0 Yellow Time (s) 4.0 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 2.0 Lost Time Adjust (s) 0.0 0.0 Total Lost Time (s) 6.0 6.0 Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) 1.0 1.0 1.0 1.0 Recall Mode None None C-Max C-Max Walk Time (s) 7.0 7.0 7.0 7.0 Flash Dont Walk (s) 22.0 22.0 22.0 22.0 Pedestrian Calls (#/hr) 0 0 0 0 Act Effct Green (s) 40.0 40.0 Actuated g/C Ratio 0.53 0.53 v/c Ratio 0.36 0.29 Control Delay 10.1 10.1 Queue Delay 0.0 0.0 Total Delay 10.1 10.1 LOS B B Approach Delay 10.1 10.1 Approach LOS B B Intersection Summary 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 nt NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 PZ-20-6099 12/07/20 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 • .11 2.5 2.5 2.5 2.5 • Max Max Max Max 7.0 7.0 7.0 7.0 • 13.0 13.0 13.0 13.0 0 0 0 0 • 23.0 23.0 23.0 23.0 0.31 0.31 0.31 0.31 0.28 0.66 0.25 0.97 28.8 28.0 23.5 58.5 ' 0.0 0.0 0.0 0.0 28.8 28.0 23.5 58.5 C C C E 28.1 55.5 C E Area Type: Other Cycle Length: 75 Actuated Cycle Length: 75 Offset: 40 (53%), Referenced to phase 2:WBTL, Start of Green Natural Cycle: 65 Control Type: Actuated -Coordinated Maximum v/c Ratio: 0.97 Intersection Signal Delay: 27.9 Intersection Capacity Utilization 90.6% Analysis Period (min) 15 Splits and Phases: 1: NW 2nd Avenue & NW 29th Street Intersection LOS: C ICU Level of Service E (4 ..IL � ' 46s 29s} 16s 29s Baseline Synchro 10 Report Page 2 Lanes, Volumes, Timings Future Build Out Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue 1- at Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations Traffic Volume (vph) 0 11 19 10 27 12 19 361 9 Future Volume (vph) 0 11 19 10 27 12 19 361 9 18 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 1 Frt 0.914 0.966 0.997 0.997 Flt Protected 0.990 0.998 0.999 Satd. Flow (prot) 0 1670 0 0 1747 0 0 1800 0 0 1820 0 Flt Permitted 0.990 0.998 0.999 Satd. Flow (perm) 0 1670 0 0 1747 0 0 1800 0 0 1820 0 Link Speed (mph) 30 30 30 30 Link Distance (ft) 663 589 304 338 Travel Time (s) 15.1 13.4 6.9 7.7 Confl. Peds. (#/hr) 1 1 7 31 31 7 Peak Hour Factor 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 0.82 Heavy Vehicles (%) 4% 4% 4% 4% 4% 4% 5% 5% 5% 4% 4% 4% Adj. Flow (vph) 0 13 23 12 33 15 23 440 11 22 732 16 Shared Lane Traffic (%) Lane Group Flow (vph) 0 36 0 0 60 0 0 474 0 0 770 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 I 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Sign Control Stop Stop Free Free Intersection Summary This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision-malling bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1.00 1900 1.00 Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 54.6% Analysis Period (min) 15 ICU Level of Service A Baseline Synchro 10 Report Page 3 Lanes, Volumes, Timings Future Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street i- t Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations (114 414 1 Traffic Volume (vph) 92 265 78 141 251 32 67 287 93 Future Volume (vph) 92 265 78 141 251 32 67 287 93 25 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 0 0 0 0 95 0 125 Storage Lanes 0 0 0 0 1 0 1 Taper Length (ft) 25 25 25 25 Lane Util. Factor 0.95 0.95 0.95 0.95 0.95 0.95 1.00 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 0.99 0.99 0.99 0.98 0.98 0.99 Frt 0.973 0.989 0.963 0.968 Flt Protected 0.990 0.984 0.950 0.950 Satd. Flow (prot) 0 3316 0 0 3341 0 1752 1750 0 1736 1756 0 Flt Permitted 0.748 0.670 0.383 0.266 Satd. Flow (perm) 0 2505 0 0 2264 0 699 1750 0 476 1756 Right Turn on Red Yes Yes Yes Yes Satd. Flow (RTOR) 53 17 22 19 Link Speed (mph) 30 30 30 30 Link Distance (ft) 688 585 338 234 Travel Time (s) 15.6 13.3 7.7 5.3 Confl. Peds. (#/hr) 1 21 21 1 19 45 45 19 Peak Hour Factor 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 Heavy Vehicles (%) 4% 4% 4% 5% 5% 5% 3% 3% 3% 4% 4% 4% Adj. Flow (vph) 107 308 91 164 292 37 78 334 108 29 281 77 Shared Lane Traffic (%) Lane Group Flow (vph) 0 506 0 0 493 0 78 442 0 29 358 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Number of Detectors 1 2 1 2 1 2 1 2 Detector Template Left Thru Left Thru Left Thru Left Thru Leading Detector (ft) 20 100 20 100 20 100 20 100 7 Trailing Detector (ft) 0 0 0 0 0 0 0 0 Detector 1 Position(ft) 0 0 0 0 0 0 0 0 MI Detector 1 Size(ft) 20 6 20 6 20 6 20 6 Detector 1 Type CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex CI+Ex Detector 1 Channel Detector 1 Extend (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Queue (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 1 Delay (s) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Detector 2 Position(ft) 94 94 94 94 Detector 2 Size(ft) 6 6 6 6 Detector 2 Type CI+Ex CI+Ex CI+Ex CI+Ex Detector 2 Channel Detector 2 Extend (s) 0.0 0.0 0.0 0.0 This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1900 0 0 Baseline Synchro 10 Report Page 1 Lanes, Volumes, Timings Future Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street Lane Group Turn Type Protected Phases Permitted Phases 6 2 8 Detector Phase 6 6 2 2 8 8 Switch Phase Minimum Initial (s) 7.0 7.0 7.0 Minimum Split (s) 35.0 35.0 35.0 Total Split (s) 46.0 46.0 46.0 Total Split (%) 61.3% 61.3% 61.3% Maximum Green (s) 40.0 40.0 40.0 Yellow Time (s) 4.0 4.0 4.0 All -Red Time (s) 2.0 2.0 2.0 Lost Time Adjust (s) 0.0 Total Lost Time (s) 6.0 Lead/Lag Lead -Lag Optimize? Vehicle Extension (s) 1.0 1.0 Recall Mode None None Walk Time (s) 7.0 7.0 Flash Dont Walk (s) 22.0 22.0 Pedestrian Calls (#/hr) 0 0 Act Effct Green (s) 40.0 Actuated g/C Ratio 0.53 v/c Ratio 0.37 Control Delay 10.0 Queue Delay 0.0 Total Delay 10.0 LOS A Approach Delay 10.0 Approach LOS A Intersection Summary 7.0 35.0 46.0 61.3% 40.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 nt NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 PZ-20-6099 12/07/20 7.0 26.0 29.0 38.7% 23.0 4.0 2.0 0.0 6.0 • 1.0 1.0 2.5 2.5 2.5 2.5 C-Max C-Max Max Max Max Max 7.0 7.0 7.0 7.0 7.0 7.0 22.0 22.0 13.0 13.0 13.0 13.0 0 0 0 0 0 0 40.0 23.0 23.0 23.0 23.0 0.53 0.31 0.31 0.31 0.31 0.41 0.36 0.80 0.20 0.65 11.3 26.4 35.9 23.6 27.8 0.0 0.0 0.0 0.0 0.0 11.3 26.4 35.9 23.6 27.8 B C D C C 11.3 34.5 27.5 B C C .11 Area Type: Other Cycle Length: 75 Actuated Cycle Length: 75 Offset: 40 (53%), Referenced to phase 2:WBTL, Start of Green Natural Cycle: 65 Control Type: Actuated -Coordinated Maximum v/c Ratio: 0.80 Intersection Signal Delay: 20.6 Intersection Capacity Utilization 90.2% Analysis Period (min) 15 Splits and Phases: 1: NW 2nd Avenue & NW 29th Street Intersection LOS: C ICU Level of Service E (4 ..IL � ' 46s 29s} 16s 29s Baseline Synchro 10 Report Page 2 Lanes, Volumes, Timings Future Build Out Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue 1- at Lane Group EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations Traffic Volume (vph) 8 10 10 9 13 26 9 423 17 Future Volume (vph) 8 10 10 9 13 26 9 423 17 19 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped Bike Factor 1 Frt 0.952 0.928 0.995 0.995 Flt Protected 0.986 0.991 0.999 0.998 Satd. Flow (prot) 0 1715 0 0 1680 0 0 1799 0 0 1814 0 Flt Permitted 0.986 0.991 0.999 0.998 Satd. Flow (perm) 0 1715 0 0 1680 0 0 1799 0 0 1814 0 Link Speed (mph) 30 30 30 30 Link Distance (ft) 663 589 304 338 Travel Time (s) 15.1 13.4 6.9 7.7 Confl. Peds. (#/hr) 55 14 14 55 132 189 189 132 Peak Hour Factor 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 0.83 Heavy Vehicles (%) 4% 4% 4% 4% 4% 4% 5% 5% 5% 4% 4% 4% Adj. Flow (vph) 10 12 12 11 16 31 11 510 20 23 536 20 Shared Lane Traffic (%) Lane Group Flow (vph) 0 34 0 0 58 0 0 541 0 0 579 0 Enter Blocked Intersection No No No No No No No No No No No No Lane Alignment Left Left Right Left Left Right Left Left Right Left Left Right Median Width(ft) 0 0 12 12 Link Offset(ft) 0 0 I 0 0 Crosswalk Width(ft) 16 16 16 16 Two way Left Turn Lane Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Turning Speed (mph) 15 9 15 9 15 9 15 9 Sign Control Stop Stop Free Free Intersection Summary This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision-malling bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 1900 1.00 1900 1.00 Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 53.3% Analysis Period (min) 15 ICU Level of Service A Baseline Synchro 10 Report Page 3 CALTRAN OUTPUTS This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 30 HCM 6th TWSC Existing Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue Intersection Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT Lane Configurations r Traffic Vol, veh/h 0 11 18 10 26 12 18 334 9 13 565 12 Future Vol, veh/h 0 11 18 10 26 12 18 334 9 13 565 12 Conflicting Peds, #/hr 1 0 0 0 0 1 7 0 31 31 0 7 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - - None - - None - - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % - 0 - 0 - 0 - 0 Peak Hour Factor 82 82 82 82 82 82 82 82 82 82 82 82 Heavy Vehicles, % 4 4 4 4 4 4 5 5 5 4 4 4 Myatt Flow 0 13 22 12 32 15 22 407 11 16 689 15 Major/Minor Minor2 Minorl Majorl Major2 Conflicting Flow All 1217 1229 704 1234 1231 445 711 0 0 449 0 0 Stage 1 736 736 488 488 Stage 2 481 493 746 743 - Critical Hdwy 7.14 6.54 6.24 7.14 6.54 6.24 4.15 - 4.14 Critical Hdwy Stg 1 6.14 5.54 - 6.14 5.54 - Critical Hdwy Stg 2 6.14 5.54 - 6.14 5.54 - Follow-up Hdwy 3.536 4.036 3.336 3.536 4.036 3.336 2.245 - 2.236 Pot Cap-1 Maneuver 156 176 434 152 176 609 875 - 1101 Stage 1 408 422 - 558 547 Stage 2 562 544 - 402 419 Platoon blocked, % Mov Cap-1 Maneuver 123 160 431 125 160 590 869 - 1068 Mov Cap-2 Maneuver 123 160 - 125 160 Stage 1 392 408 - 523 513 Stage 2 497 510 - 360 406 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicable tlecision-making bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 • Approach EB WB NB SB HCM Control Delay, s 20.9 33.7 0.5 0.2 HCM LOS C D Minor Lane/Major Myatt NBL NBT NBR EBLn1WBLn1 SBL SBT SBR Capacity (veh/h) 869 - - 262 183 1068 - HCM Lane V/C Ratio 0.025 - 0.135 0.32 0.015 HCM Control Delay (s) 9.2 0 - 20.9 33.7 8.4 0 HCM Lane LOS A A - C D A A HCM 95th %tile Q(veh) 0.1 - 0.5 1.3 0 Baseline Synchro 10 Report Page 1 HCM 6th Signalized Intersection Summary Existing Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street 1' Movement EBL EBT EBR WBL WBT WBR NBL NBT Lane Configurations 411 '1 Traffic Volume (veh/h) 32 362 77 101 171 14 23 245 68 Future Volume (veh/h) 32 362 77 101 171 14 23 245 68 43 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 0.99 1.00 0.99 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/In 1841 1841 1841 1826 1826 1826 1856 1856 1856 1841 1841 1841 Adj Flow Rate, veh/h 36 407 87 113 192 16 26 275 76 48 458 42 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Percent Heavy Veh, % 4 4 4 5 5 5 3 3 3 4 4 4 Cap,veh/h 134 1401 292 436 893 78 134 428 118 233 509 47 Arrive On Green 0.53 0.53 0.53 0.53 0.53 0.53 0.31 0.31 0.31 0.31 0.31 0.31 Sat Flow, veh/h 150 2628 547 656 1675 145 891 1394 385 1009 1659 152 Grp Volume(v), veh/h 280 0 250 141 0 180 26 0 351 48 0 500 Grp Sat Flow(s),veh/h/In 1751 0 1574 842 0 1635 891 0 1779 1009 0 1811 Q Serve(g_s), s 0.0 0.0 6.6 5.9 0.0 4.3 2.2 0.0 12.8 3.2 0.0 19.8 Cycle Q Clear(g_c), s 6.3 0.0 6.6 12.5 0.0 4.3 22.0 0.0 12.8 16.0 0.0 19.8 Prop In Lane 0.13 0.35 0.80 0.09 1.00 0.22 1.00 0.08 Lane Grp Cap(c), veh/h 988 0 840 535 0 872 134 0 546 233 0 555 V/C Ratio(X) 0.28 0.00 0.30 0.26 0.00 0.21 0.19 0.00 0.64 0.21 0.00 0.90 Avail Cap(c_a), veh/h 988 0 840 535 0 872 134 0 546 233 0 555 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 9.6 0.0 9.7 12.4 0.0 9.2 35.4 0.0 22.5 29.4 0.0 24.9 Incr Delay (d2), s/veh 0.1 0.0 0.1 1.2 0.0 0.5 3.2 0.0 5.7 2.0 0.0 20.2 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/In 2.3 0.0 2.0 1.6 0.0 1.5 0.6 0.0 5.9 0.9 0.0 11.1 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 9.7 0.0 9.8 13.6 0.0 9.7 38.7 0.0 28.2 31.4 0.0 45.1 LnGrp LOS A A A B A A D A CC A D Approach Vol, veh/h 530 321 377 548 Approach Delay, s/veh 9.7 11.4 28.9 43.9 Approach LOS A B C D NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. Timer - Assigned Phs PZ-20-6099 12/07/20 2 4 6 8 Phs Duration (G+Y+Rc), s Change Period (Y+Rc), s Max Green Setting (Gmax), s Max Q Clear Time (g_c+I1), s Green Ext Time (p_c), s 46.0 29.0 46.0 29.0 6.0 6.0 6.0 6.0 40.0 23.0 40.0 23.0 14.5 21.8 8.6 24.0 0.9 0.4 1.2 0.0 Intersection Summary HCM 6th Ctrl Delay 24.7 HCM 6th LOS C Baseline Synchro 10 Report Page 1 HCM 6th Signalized Intersection Summary Existing Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street 1' Movement EBL EBT EBR WBL WBT WBR NBL NBT Lane Configurations 414 1 Traffic Volume (veh/h) 69 254 75 130 241 31 64 276 89 2 Future Volume (veh/h) 69 254 75 130 241 31 64 276 89 24 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 0.99 0.98 0.99 0.98 0.98 0.96 0.99 0.96 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/In 1841 1841 1841 1826 1826 1826 1856 1856 1856 1841 1841 1841 Adj Flow Rate, veh/h 80 295 87 151 280 36 74 321 103 28 270 57 Peak Hour Factor 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 Percent Heavy Veh, % 4 4 4 5 5 5 3 3 3 4 4 4 Cap,veh/h 289 1031 312 445 900 120 249 408 131 177 448 95 Arrive On Green 0.53 0.53 0.53 0.53 0.53 0.53 0.31 0.31 0.31 0.31 0.31 0.31 Sat Flow, veh/h 420 1934 585 680 1688 226 1027 1329 426 940 1460 308 Grp Volume(v), veh/h 230 0 232 209 0 258 74 0 424 28 0 327 Grp Sat Flow(s),veh/h/In 1382 0 1556 979 0 1616 1027 0 1756 940 0 1768 Q Serve(g_s), s 2.2 0.0 6.1 8.0 0.0 6.6 5.0 0.0 16.6 2.1 0.0 11.8 Cycle Q Clear(g_c), s 8.8 0.0 6.1 14.1 0.0 6.6 16.7 0.0 16.6 18.7 0.0 11.8 Prop In Lane 0.35 0.38 0.72 0.14 1.00 0.24 1.00 0.17 Lane Grp Cap(c), veh/h 802 0 830 605 0 862 249 0 538 177 0 542 V/C Ratio(X) 0.29 0.00 0.28 0.35 0.00 0.30 0.30 0.00 0.79 0.16 0.00 0.60 Avail Cap(c_a), veh/h 802 0 830 605 0 862 249 0 538 177 0 542 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 9.8 0.0 9.6 12.6 0.0 9.7 29.2 0.0 23.8 32.3 0.0 22.1 Incr Delay (d2), s/veh 0.1 0.0 0.1 1.6 0.0 0.9 3.0 0.0 11.1 1.9 0.0 4.9 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/In 1.8 0.0 1.9 2.4 0.0 2.3 1.4 0.0 8.1 0.6 0.0 5.4 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 9.9 0.0 9.7 14.1 0.0 10.6 32.3 0.0 34.9 34.2 0.0 27.0 LnGrp LOS A A A B A B C A C C A C Approach Vol, veh/h 462 467 498 355 Approach Delay, s/veh 9.8 12.2 34.5 27.6 Approach LOS A B C C NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. Timer - Assigned Phs PZ-20-6099 12/07/20 2 4 6 8 Phs Duration (G+Y+Rc), s Change Period (Y+Rc), s Max Green Setting (Gmax), s Max Q Clear Time (g_c+I1), s Green Ext Time (p_c), s 46.0 29.0 46.0 29.0 6.0 6.0 6.0 6.0 40.0 23.0 40.0 23.0 16.1 20.7 10.8 18.7 1.2 0.4 1.1 1.0 Intersection Summary HCM 6th Ctrl Delay 20.9 HCM 6th LOS C Baseline Synchro 10 Report Page 1 HCM 6th TWSC Existing Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue Intersection Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 8 10 10 9 12 25 9 392 16 15 419 16 Future Vol, veh/h 8 10 10 9 12 25 9 392 16 15 419 16 Conflicting Peds, #/hr 55 0 14 14 0 55 132 0 189 189 0 132 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - - None - - None - - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % - 0 - 0 - 0 - 0 Peak Hour Factor 83 83 83 83 83 83 83 83 83 83 83 83 Heavy Vehicles, % 4 4 4 4 4 4 5 5 5 4 4 4 Myatt Flow 10 12 12 11 14 30 11 472 19 18 505 19 Major/Minor Minor2 Minorl Majorl Major2 Conflicting Flow All 1264 1385 661 1270 1385 726 656 0 0 680 0 0 Stage 1 683 683 693 693 Stage 2 581 702 577 692 - Critical Hdwy 7.14 6.54 6.24 7.14 6.54 6.24 4.15 - 4.14 Critical Hdwy Stg 1 6.14 5.54 - 6.14 5.54 - Critical Hdwy Stg 2 6.14 5.54 - 6.14 5.54 - Follow-up Hdwy 3.536 4.036 3.336 3.536 4.036 3.336 2.245 - 2.236 Pot Cap-1 Maneuver 145 142 459 144 142 421 917 - 903 Stage 1 436 446 - 430 442 Stage 2 496 437 - 499 442 Platoon blocked, % Mov Cap-1 Maneuver 93 96 396 98 96 327 802 - 740 Mov Cap-2 Maneuver 93 96 - 98 96 Stage 1 374 376 - 346 355 Stage 2 402 351 - 446 373 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicable tlecision-making bodywiIL renew the information at the pubdc hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Nou l Approach EB WB NB SB HCM Control Delay, s 42.1 39.9 0.2 0.3 HCM LOS E E Minor Lane/Major Myatt NBL NBT NBR EBLn1WBLn1 SBL SBT SBR Capacity (veh/h) 802 - - 130 157 740 - HCM Lane V/C Ratio 0.014 - 0.259 0.353 0.024 HCM Control Delay (s) 9.6 0 - 42.1 39.9 10 0 HCM Lane LOS A A - E E A A HCM 95th %tile Q(veh) 0 1 1.5 0.1 Baseline Synchro 10 Report Page 1 HCM 6th TWSC Future No Build Out Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT Lane Configurations r Traffic Vol, veh/h 0 11 19 10 27 12 19 348 9 14 588 13 Future Vol, veh/h 0 11 19 10 27 12 19 348 9 14 588 13 Conflicting Peds, #/hr 1 0 0 0 0 1 7 0 31 31 0 7 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - - None - - None - - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % - 0 - 0 - 0 - 0 Peak Hour Factor 82 82 82 82 82 82 82 82 82 82 82 82 Heavy Vehicles, % 4 4 4 4 4 4 5 5 5 4 4 4 Myatt Flow 0 13 23 12 33 15 23 424 11 17 717 16 Major/Minor Minor2 Minorl Majorl Major2 Conflicting Flow All 1267 1278 732 1284 1281 462 740 0 0 466 0 0 Stage 1 766 766 507 507 Stage 2 501 512 777 774 - Critical Hdwy 7.14 6.54 6.24 7.14 6.54 6.24 4.15 - 4.14 Critical Hdwy Stg 1 6.14 5.54 - 6.14 5.54 - Critical Hdwy Stg 2 6.14 5.54 - 6.14 5.54 - Follow-up Hdwy 3.536 4.036 3.336 3.536 4.036 3.336 2.245 - 2.236 Pot Cap-1 Maneuver 144 165 418 140 164 596 853 - 1085 Stage 1 392 409 - 544 536 Stage 2 548 533 - 387 405 Platoon blocked, % Mov Cap-1 Maneuver 110 149 415 114 148 578 847 - 1053 Mov Cap-2 Maneuver 110 149 - 114 148 Stage 1 376 395 - 509 501 Stage 2 481 498 - 343 391 This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicable tlecision-making bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 111 Nou l Approach EB WB NB SB HCM Control Delay, s 21.8 37.8 0.5 0.2 HCM LOS C E Minor Lane/Major Myatt NBL NBT NBR EBLn1WBLn1 SBL SBT SBR Capacity (veh/h) 847 - - 251 168 1053 - HCM Lane V/C Ratio 0.027 - 0.146 0.356 0.016 HCM Control Delay (s) 9.4 0 - 21.8 37.8 8.5 0 HCM Lane LOS A A - C E A A HCM 95th %tile Q(veh) 0.1 - 0.5 1.5 0 Baseline Synchro 10 Report Page 1 HCM 6th Signalized Intersection SunEdam No Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations 414 "I Traffic Volume (veh/h) 33 377 80 105 178 15 24 255 71 Future Volume (veh/h) 33 377 80 105 178 15 24 255 71 45 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 0.99 1.00 0.99 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/In 1841 1841 1841 1826 1826 1826 1856 1856 1856 1841 1841 1841 Adj Flow Rate, veh/h 37 424 90 118 200 17 27 287 80 51 478 44 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Percent Heavy Veh, % 4 4 4 5 5 5 3 3 3 4 4 4 Cap,veh/h 133 1404 290 430 884 78 119 427 119 222 508 47 Arrive On Green 0.53 0.53 0.53 0.53 0.53 0.53 0.31 0.31 0.31 0.31 0.31 0.31 Sat Flow, veh/h 148 2633 545 644 1658 146 873 1391 388 994 1658 153 Grp Volume(v), veh/h 291 0 260 145 0 190 27 0 367 51 0 522 Grp Sat Flow(s),veh/h/In 1751 0 1575 814 0 1635 873 0 1779 994 0 1811 Q Serve(g_s), s 0.0 0.0 6.9 6.4 0.0 4.6 1.9 0.0 13.5 3.5 0.0 21.1 Cycle Q Clear(g_c), s 6.6 0.0 6.9 13.4 0.0 4.6 23.0 0.0 13.5 17.1 0.0 21.1 Prop In Lane 0.13 0.35 0.81 0.09 1.00 0.22 1.00 0.08 Lane Grp Cap(c), veh/h 988 0 840 521 0 872 119 0 546 222 0 555 V/C Ratio(X) 0.29 0.00 0.31 0.28 0.00 0.22 0.23 0.00 0.67 0.23 0.00 0.94 Avail Cap(c_a), veh/h 988 0 840 521 0 872 119 0 546 222 0 555 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 9.7 0.0 9.8 12.8 0.0 9.2 36.7 0.0 22.7 30.2 0.0 25.3 Incr Delay (d2), s/veh 0.1 0.0 0.1 1.3 0.0 0.6 4.4 0.0 6.5 2.4 0.0 25.9 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/In 2.4 0.0 2.1 1.6 0.0 1.6 0.6 0.0 6.3 1.0 0.0 12.5 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 9.8 0.0 9.9 14.1 0.0 9.8 41.1 0.0 29.2 32.6 0.0 51.3 LnGrp LOS A A A B A A D A C C A D Approach Vol, veh/h 551 335 394 573 Approach Delay, s/veh 9.8 11.7 30.0 49.6 Approach LOS A B C D NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. Timer - Assigned Phs PZ-20-6099 12/07/20 2 4 6 8 Phs Duration (G+Y+Rc), s Change Period (Y+Rc), s Max Green Setting (Gmax), s Max Q Clear Time (g_c+I1), s Green Ext Time (p_c), s 46.0 29.0 46.0 29.0 6.0 6.0 6.0 6.0 40.0 23.0 40.0 23.0 15.4 23.1 8.9 25.0 1.0 0.0 1.2 0.0 Intersection Summary HCM 6th Ctrl Delay 26.7 HCM 6th LOS C Baseline Synchro 10 Report Page 1 HCM 6th Signalized Intersection SunEdam No Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations 414 1 Traffic Volume (veh/h) 72 265 78 135 251 32 67 287 93 Future Volume (veh/h) 72 265 78 135 251 32 67 287 93 25 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 0.99 0.98 0.99 0.98 0.98 0.96 0.99 0.96 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/In 1841 1841 1841 1826 1826 1826 1856 1856 1856 1841 1841 1841 Adj Flow Rate, veh/h 84 308 91 157 292 37 78 334 108 29 281 59 Peak Hour Factor 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 Percent Heavy Veh, % 4 4 4 5 5 5 3 3 3 4 4 4 Cap,veh/h 286 1021 311 439 896 118 240 407 132 164 448 94 Arrive On Green 0.53 0.53 0.53 0.53 0.53 0.53 0.31 0.31 0.31 0.31 0.31 0.31 Sat Flow, veh/h 415 1915 582 668 1679 221 1016 1326 429 926 1462 307 Grp Volume(v), veh/h 240 0 243 216 0 270 78 0 442 29 0 340 Grp Sat Flow(s),veh/h/In 1357 0 1556 952 0 1617 1016 0 1755 926 0 1769 Q Serve(g_s), s 2.7 0.0 6.5 8.6 0.0 7.0 5.4 0.0 17.5 2.2 0.0 12.4 Cycle Q Clear(g_c), s 9.7 0.0 6.5 15.1 0.0 7.0 17.7 0.0 17.5 19.8 0.0 12.4 Prop In Lane 0.35 0.37 0.73 0.14 1.00 0.24 1.00 0.17 Lane Grp Cap(c), veh/h 788 0 830 591 0 862 240 0 538 164 0 542 V/C Ratio(X) 0.30 0.00 0.29 0.37 0.00 0.31 0.33 0.00 0.82 0.18 0.00 0.63 Avail Cap(c_a), veh/h 788 0 830 591 0 862 240 0 538 164 0 542 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 10.1 0.0 9.7 13.0 0.0 9.8 29.9 0.0 24.1 33.2 0.0 22.3 Incr Delay (d2), s/veh 0.1 0.0 0.1 1.7 0.0 1.0 3.6 0.0 13.2 2.3 0.0 5.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/In 1.9 0.0 2.0 2.5 0.0 2.4 1.5 0.0 8.8 0.6 0.0 5.7 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 10.1 0.0 9.8 14.7 0.0 10.8 33.5 0.0 37.3 35.6 0.0 27.7 LnGrp LOS B A A B A B C A D D A C Approach Vol, veh/h 483 486 520 369 Approach Delay, s/veh 9.9 12.5 36.7 28.3 Approach LOS A B D C Timer - Assigned Phs PZ-20-6099 12/07/20 2 4 6 8 Phs Duration (G+Y+Rc), s Change Period (Y+Rc), s Max Green Setting (Gmax), s Max Q Clear Time (g_c+I1), s Green Ext Time (p_c), s 46.0 29.0 46.0 29.0 6.0 6.0 6.0 6.0 40.0 23.0 40.0 23.0 17.1 21.8 11.7 19.7 1.3 0.2 1.2 0.9 Intersection Summary HCM 6th Ctrl Delay 21.8 HCM 6th LOS C Baseline Synchro 10 Report Page 1 HCM 6th TWSC Future No Build Out Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue Intersection Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 8 10 10 9 13 26 9 408 17 16 436 17 Future Vol, veh/h 8 10 10 9 13 26 9 408 17 16 436 17 Conflicting Peds, #/hr 55 0 14 14 0 55 132 0 189 189 0 132 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - - None - - None - - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % - 0 - 0 - 0 - 0 Peak Hour Factor 83 83 83 83 83 83 83 83 83 83 83 83 Heavy Vehicles, % 4 4 4 4 4 4 5 5 5 4 4 4 Myatt Flow 10 12 12 11 16 31 11 492 20 19 525 20 Major/Minor Minor2 Minorl Majorl Major2 Conflicting Flow All 1308 1428 681 1312 1428 746 677 0 0 701 0 0 Stage 1 705 705 713 713 Stage 2 603 723 599 715 - Critical Hdwy 7.14 6.54 6.24 7.14 6.54 6.24 4.15 - 4.14 Critical Hdwy Stg 1 6.14 5.54 - 6.14 5.54 - Critical Hdwy Stg 2 6.14 5.54 - 6.14 5.54 - Follow-up Hdwy 3.536 4.036 3.336 3.536 4.036 3.336 2.245 - 2.236 Pot Cap-1 Maneuver 135 134 447 134 134 410 901 - 887 Stage 1 424 436 - 420 432 Stage 2 482 428 - 485 432 Platoon blocked, % Mov Cap-1 Maneuver 84 91 386 90 91 319 788 - 727 Mov Cap-2 Maneuver 84 91 - 90 91 Stage 1 363 367 - 338 347 Stage 2 385 344 - 431 363 This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicable tlecision-making bodywiIL renew the information at the pubdc hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 111 Nou l Approach EB WB NB SB HCM Control Delay, s 45.9 44.1 0.2 0.3 HCM LOS E E Minor Lane/Major Myatt NBL NBT NBR EBLn1WBLn1 SBL SBT SBR Capacity (veh/h) 788 - - 121 148 727 - HCM Lane V/C Ratio 0.014 - 0.279 0.391 0.027 HCM Control Delay (s) 9.6 0 - 45.9 44.1 10.1 0 HCM Lane LOS A A - E EB A HCM 95th %tile Q(veh) 0 - 1.1 1.7 0.1 Baseline Synchro 10 Report Page 1 HCM 6th Signalized Intersection Summ�ryature Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations 414 1 Traffic Volume (veh/h) 57 377 80 110 178 15 24 255 71 Future Volume (veh/h) 57 377 80 110 178 15 24 255 71 45 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 0.99 1.00 0.99 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/In 1841 1841 1841 1826 1826 1826 1856 1856 1856 1841 1841 1841 Adj Flow Rate, veh/h 64 424 90 124 200 17 27 287 80 51 478 58 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Percent Heavy Veh, % 4 4 4 5 5 5 3 3 3 4 4 4 Cap,veh/h 210 1308 272 434 867 76 107 427 119 222 493 60 Arrive On Green 0.53 0.53 0.53 0.53 0.53 0.53 0.31 0.31 0.31 0.31 0.31 0.31 Sat Flow, veh/h 284 2453 511 647 1626 143 862 1391 388 994 1607 195 Grp Volume(v), veh/h 300 0 278 146 0 195 27 0 367 51 0 536 Grp Sat Flow(s),veh/h/In 1667 0 1581 781 0 1635 862 0 1779 994 0 1802 Q Serve(g_s), s 0.0 0.0 7.5 7.0 0.0 4.7 1.0 0.0 13.5 3.5 0.0 22.0 Cycle Q Clear(g_c), s 6.8 0.0 7.5 14.5 0.0 4.7 23.0 0.0 13.5 17.1 0.0 22.0 Prop In Lane 0.21 0.32 0.85 0.09 1.00 0.22 1.00 0.11 Lane Grp Cap(c), veh/h 947 0 843 505 0 872 107 0 546 222 0 553 V/C Ratio(X) 0.32 0.00 0.33 0.29 0.00 0.22 0.25 0.00 0.67 0.23 0.00 0.97 Avail Cap(c_a), veh/h 947 0 843 505 0 872 107 0 546 222 0 553 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 9.8 0.0 9.9 13.4 0.0 9.3 37.3 0.0 22.7 30.2 0.0 25.7 Incr Delay (d2), s/veh 0.1 0.0 0.1 1.4 0.0 0.6 5.5 0.0 6.5 2.4 0.0 31.5 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/In 2.5 0.0 2.3 1.7 0.0 1.7 0.6 0.0 6.3 1.0 0.0 13.7 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 9.8 0.0 10.0 14.8 0.0 9.9 42.8 0.0 29.2 32.6 0.0 57.2 LnGrp LOS A A A B A A D A C C A E Approach Vol, veh/h 578 341 394 587 Approach Delay, s/veh 9.9 12.0 30.1 55.0 Approach LOS A B C E Timer - Assigned Phs PZ-20-6099 12/07/20 2 4 6 8 Phs Duration (G+Y+Rc), s Change Period (Y+Rc), s Max Green Setting (Gmax), s Max Q Clear Time (g_c+I1), s Green Ext Time (p_c), s 46.0 29.0 46.0 29.0 6.0 6.0 6.0 6.0 40.0 23.0 40.0 23.0 16.5 24.0 9.5 25.0 1.0 0.0 1.3 0.0 Intersection Summary HCM 6th Ctrl Delay 28.4 HCM 6th LOS C Baseline Synchro 10 Report Page 1 HCM 6th TWSC Future Build Out Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT Lane Configurations r Traffic Vol, veh/h 0 11 19 10 27 12 19 361 9 18 600 13 Future Vol, veh/h 0 11 19 10 27 12 19 361 9 18 600 13 Conflicting Peds, #/hr 1 0 0 0 0 1 7 0 31 31 0 7 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - - None - - None - - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % - 0 - 0 - 0 - 0 Peak Hour Factor 82 82 82 82 82 82 82 82 82 82 82 82 Heavy Vehicles, % 4 4 4 4 4 4 5 5 5 4 4 4 Myatt Flow 0 13 23 12 33 15 23 440 11 22 732 16 Major/Minor Minor2 Minorl Majorl Major2 Conflicting Flow All 1308 1319 747 1325 1322 478 755 0 0 482 0 0 Stage 1 791 791 523 523 Stage 2 517 528 802 799 - Critical Hdwy 7.14 6.54 6.24 7.14 6.54 6.24 4.15 - 4.14 Critical Hdwy Stg 1 6.14 5.54 - 6.14 5.54 - Critical Hdwy Stg 2 6.14 5.54 - 6.14 5.54 - Follow-up Hdwy 3.536 4.036 3.336 3.536 4.036 3.336 2.245 - 2.236 Pot Cap-1 Maneuver 135 156 410 131 155 583 842 - 1070 Stage 1 380 398 - 534 527 Stage 2 538 524 - 375 395 Platoon blocked, % Mov Cap-1 Maneuver 101 139 407 105 139 565 836 - 1038 Mov Cap-2 Maneuver 101 139 - 105 139 Stage 1 364 381 - 499 492 Stage 2 470 489 - 329 378 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicable tlecision-making bodywiIL renew the information at the pubdc hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Nou l Approach EB WB NB SB HCM Control Delay, s 22.9 41 0.5 0.2 HCM LOS C E Minor Lane/Major Myatt NBL NBT NBR EBLn1WBLn1 SBL SBT SBR Capacity (veh/h) 836 - - 238 158 1038 - HCM Lane V/C Ratio 0.028 - 0.154 0.378 0.021 HCM Control Delay (s) 9.4 0 - 22.9 41 8.5 0 HCM Lane LOS A A - C E A A HCM 95th %tile Q(veh) 0.1 - 0.5 1.6 0.1 Baseline Synchro 10 Report Page 1 HCM 6th TWSC Future Build Out Conditions (Scenario 2: NW 28th Street & NW 2nd Avenue Intersection Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 8 10 10 9 13 26 9 423 17 19 445 17 Future Vol, veh/h 8 10 10 9 13 26 9 423 17 19 445 17 Conflicting Peds, #/hr 55 0 14 14 0 55 132 0 189 189 0 132 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - - None - - None - - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % - 0 - 0 - 0 - 0 Peak Hour Factor 83 83 83 83 83 83 83 83 83 83 83 83 Heavy Vehicles, % 4 4 4 4 4 4 5 5 5 4 4 4 Myatt Flow 10 12 12 11 16 31 11 510 20 23 536 20 Major/Minor Minor2 Minorl Majorl Major2 Conflicting Flow All 1345 1465 692 1349 1465 764 688 0 0 719 0 0 Stage 1 724 724 731 731 Stage 2 621 741 618 734 - Critical Hdwy 7.14 6.54 6.24 7.14 6.54 6.24 4.15 - 4.14 Critical Hdwy Stg 1 6.14 5.54 - 6.14 5.54 - Critical Hdwy Stg 2 6.14 5.54 - 6.14 5.54 - Follow-up Hdwy 3.536 4.036 3.336 3.536 4.036 3.336 2.245 - 2.236 Pot Cap-1 Maneuver 127 127 441 127 127 401 892 - 873 Stage 1 414 427 - 410 424 Stage 2 472 420 - 473 423 Platoon blocked, % Mov Cap-1 Maneuver 77 85 380 84 85 312 780 - 716 Mov Cap-2 Maneuver 77 85 - 84 85 Stage 1 355 356 - 330 341 Stage 2 376 338 - 416 352 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicable tlecision-making bodywiIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Nou l Approach EB WB NB SB HCM Control Delay, s 49.9 47.7 0.2 0.4 HCM LOS E E Minor Lane/Major Myatt NBL NBT NBR EBLn1WBLn1 SBL SBT SBR Capacity (veh/h) 780 - - 113 140 716 - HCM Lane V/C Ratio 0.014 - 0.299 0.413 0.032 HCM Control Delay (s) 9.7 0 - 49.9 47.7 10.2 0 HCM Lane LOS A A - E EB A HCM 95th %tile Q(veh) 0 - 1.1 1.8 0.1 Baseline Synchro 10 Report Page 1 HCM 6th Signalized Intersection Summ�ryature Build Out Conditions (Scenario 1: NW 2nd Avenue & NW 29th Street This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Miami Code. The @polka tie decision -malting bodywiIL renew the information at the public hearing to render a recommendation or a final decision. Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR Lane Configurations 414 1 Traffic Volume (veh/h) 92 265 78 141 251 32 67 Future Volume (veh/h) 92 265 78 141 251 32 67 Initial Q (Qb), veh 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 0.99 0.98 0.99 0.98 0.99 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/In 1841 1841 1841 1826 1826 1826 1856 1856 Adj Flow Rate, veh/h 107 308 91 164 292 37 78 334 Peak Hour Factor 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 Percent Heavy Veh, % 4 4 4 5 5 5 3 3 Cap,veh/h 329 943 291 443 879 116 225 407 Arrive On Green 0.53 0.53 0.53 0.53 0.53 0.53 0.31 0.31 Sat Flow, veh/h 488 1768 546 673 1648 217 1001 1326 Grp Volume(v), veh/h 245 0 261 217 0 276 78 0 Grp Sat Flow(s),veh/h/In 1239 0 1564 920 0 1617 1001 0 Q Serve(g_s), s 5.0 0.0 7.0 9.2 0.0 7.2 5.5 0.0 Cycle Q Clear(g_c), s 12.2 0.0 7.0 16.2 0.0 7.2 18.9 0.0 Prop In Lane 0.44 0.35 0.76 0.13 1.00 Lane Grp Cap(c), veh/h 730 0 834 575 0 863 225 0 V/C Ratio(X) 0.34 0.00 0.31 0.38 0.00 0.32 0.35 0.00 Avail Cap(c_a), veh/h 730 0 834 575 0 863 225 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 Uniform Delay (d), s/veh 11.1 0.0 9.8 13.5 0.0 9.8 30.9 0.0 Incr Delay (d2), s/veh 0.1 0.0 0.1 1.9 0.0 1.0 4.2 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/In 2.4 0.0 2.2 2.6 0.0 2.5 1.6 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 11.2 0.0 9.9 15.4 LnGrp LOS B A A B Approach Vol, veh/h 506 Approach Delay, s/veh 10.5 Approach LOS B 287 93 2 287 93 25 PZ-20-6099 12/07/20 0 0 0 0 0 0.96 0.99 0.96 1.00 1.00 1.00 1.00 No 1856 1841 1841 1841 108 29 281 77 0.86 0.86 0.86 0.86 3 4 4 4 132 164 422 116 0.31 0.31 0.31 0.31 429 926 1375 377 442 29 0 358 1755 926 0 1752 17.5 2.2 0.0 13.4 17.5 19.8 0.0 13.4 0.24 1.00 0.22 538 164 0 537 0.82 0.18 0.00 0.67 538 164 0 537 1.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 24.1 33.2 0.0 22.7 13.2 2.3 0.0 6.4 0.0 0.0 0.0 0.0 8.8 0.6 0.0 6.1 Timer - Assigned Phs 0.0 10.8 35.1 0.0 37.3 35.6 0.0 29.1 A B D A D D A C 493 520 387 12.8 37.0 29.6 B D C 2 4 6 8 Phs Duration (G+Y+Rc), s Change Period (Y+Rc), s Max Green Setting (Gmax), s Max Q Clear Time (g_c+I1), s Green Ext Time (p_c), s 46.0 29.0 46.0 29.0 6.0 6.0 6.0 6.0 40.0 23.0 40.0 23.0 18.2 21.8 14.2 20.9 1.3 0.3 1.3 0.6 Intersection Summary HCM 6th Ctrl Delay 22.2 HCM 6th LOS C Baseline Synchro 10 Report Page 1 CALTRAN Appendix I Concurrency Analysis Documents This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miaml Code. The applicade decision -making bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 31 TABLE 4 Generalized Peak Hour Two -Way Volumes for Florid Urbanized Areas' Lanes 2 4 6 8 Lanes 2 4 6 8 Lanes 2 2 Multi Multi STATE SIGNALIZED ARTERIALS Class I (40 mph or higher posted speed limit Median B C D Undivided Divided Divided Divided 1,510 1,600 3,420 3,580 5,250 5,390 7,090 7,210 Class H (35 mph or slower posted speed limit) Median Undivided Divided Divided Divided B C D 660 1,330 1,310 2,920 2,090 4,500 2,880 6,060 Non -State Signalized Roadway Adjustments (Alter corresponding state volumes by the indicated percent.) Non -State Signalized Roadways - 10% Median & Turn Lane Adjustments Median Divided Undivided Undivided Undivided Exclusive Left Lanes Yes No Yes No Exclusive Right Lanes No No No No Yes One -Way Facility Adjustment Multiply the corresponding two -directional volumes in this table by 0.6 E ** ** ** ** E 1,410 3,040 4,590 6,130 Adjustment Factors +5% -20% -5% -25% + 5% Lanes 4 6 8 10 12 FREEWA B C 4,120 5,540 6,130 8,370 8,230 11,100 10,330 14,040 14,450 18,880 This submRtal needs to be scheduled bra public hearing In accordance with timelines set forth In the city of Miami Code. The applies Lie decision -making body WIL renewthe information at the public hearing to render a recommendadon or a final decision. PZ-20-6099 12/07/20 10, 13,390 16,840 22,030 Freeway Adjustments Auxiliary Lanes Ramp Present in Both Directions Metering + 1,800 + 5% 15,010 18,930 22,860 BICYCLE MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Paved Shoulder/Bicycle Lane Coverage 0-49% 50-84% 85-100% B * 190 830 C D 260 680 600 1,770 1,770 >1,770 E 1,770 >1,770 ** PEDESTRIAN MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Sidewalk Coverage 0-49% 50-84% 85-100% B C * * * 150 340 960 D E 250 850 780 1,420 1,560 >1,770 BUS MODE (Scheduled Fixed Route)3 (Buses in peak hour in peak direction) Sidewalk Coverage 0-84% 85-100% B >5 >4 C >4 >3 D >3 >2 E >2 >1 Lanes 2 4 6 Lanes 2 Multi Multi UNINTERRUPTED FLOW HIGHWAYS Median B C D E Undivided 770 1,530 2,170 2,990 Divided 3,300 4,660 5,900 6,530 Divided 4,950 6,990 8,840 9,790 Uninterrupted Flow Highway Adjustments Median Exclusive left lanes Adjustment factors Divided Yes +5% Undivided Yes -5% Undivided No -25% 'Values shown are presented as peak hour two-way volumes for levels of service and are for the automobile/truck modes unless specifically stated. This table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or intersection design, where more refined techniques exist. Calculations are based on planning applications of the Highway Capacity Manual and the Transit Capacity and Quality of Service Manual. 2 Level of service for the bicycle and pedestrian modes in this table is based on number of motorized vehicles, not number of bicyclists or pedestrians using the facility. 'Buses per hour shown are only for the peak hour in the single direction of the higher traffic flow. * Cannot be achieved using table input value defaults. ** Not applicable for that level of service letter grade. For the automobile mode, volumes greater than level of service D become F because intersection capacities have been reached. For the bicycle mode, the level of service letter grade (including F) is not achievable because there is no maximum vehicle volume threshold using table input value defaults. Source: Florida Department of Transportation Systems Planning Office www.dot. state. fl. us/planning/systems/sm/los/default.shtm 2012 FDOT QUALITY/LEVEL OF SERVICE HANDBOOK TABLES CALTRAN ✓ Existing NW 2nd Avenue AM Peak Analysis: This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set fodh in the City of Miaml Code. The applica decision -making body will resew the Information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 • Segment Capacity: As per FDOT Table 4 Annual Average Daily Urba > State Signalized Arterials > Class II > (2 Lane Undivided) > Capacity REV,E� 1,330 • Peak Hour Volume: Based on Table 1 of this report = (648+373)x0.96 (Seasonal Factor) = 980. • LOS: C. ✓ Existing NW 2nd Avenue PM Peak Analysis: • Segment Capacity: As per FDOT Table 4 Annual Average Daily Urbanized Areas > State Signalized Arterials > Class II > (2 Lane Undivided) > Capacity LOS D = 1,330 • Peak Hour Volume: Based on Table 1 of this report = (617+525)x0.96 (Seasonal Factor) = 1,096. • LOS: C. ✓ Future No Build Conditions NW 2nd Avenue AM Peak Analysis: • Segment Capacity: As per FDOT Table 4 Annual Average Daily Urbanized Areas > State Signalized Arterials > Class II > (2 Lane Undivided) > Capacity LOS D = 1,330 • Peak Hour Volume: 980x1.041 (Growth Factor) = 1,020. • LOS: C. ✓ Future No Build Conditions NW 2nd Avenue PM Peak Analysis: • Segment Capacity: As per FDOT Table 4 Annual Average Daily Urbanized Areas > State Signalized Arterials > Class II > (2 Lane Undivided) > Capacity LOS D = 1,330 • Peak Hour Volume: 1096x1.041 (Growth Factor) = 1,141. • LOS: C. ✓ Future Build -Out Conditions NW 2nd Avenue AM Peak Analysis: • Segment Capacity: As per FDOT Table 4 Annual Average Daily Urbanized Areas > State Signalized Arterials > Class II > (2 Lane Undivided) > Capacity LOS D = 1,330 • Peak Hour Volume: = 1,020 + (5+4+12+14 (Generated Trips Along this Segment)) = 1,055 . • LOS: C. ✓ Future Build -Out Conditions NW 2nd Avenue PM Peak Analysis: 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 31 CALTRAN • Segment Capacity: As per FDOT Table 4 Annual Average Daily Ur. > State Signalized Arterials > Class II > (2 Lane Undivided) > Capa `ly. 1,330 9'co • Peak Hour Volume: = 1,141 + (6+3+10+16 (Generated Trips Along this Seg = 1,176. • LOS: C. This submittal needs to he scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicaPle decision -ruling body will review the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 790 NW 107th Avenue, Suite 200, Miami, FL 33172/ Tel (786)456-7700/ Fax (786)513-0711 www.caltrangroup.com Page 32 City of Miami ASE Supplemental Application Attachment 2 Supplemental Application for Alcohol Service Establishm Protect Number PZ-20-6099 A. Applicant Owner: Thor Wynwood Walk JV, LLC Applicant: Bottled Blonde Miami, LLC Folio: 01-3125-024-3040 Email: Ian.Bacheikov@akerman.com Attorney / Representative: Ian Bacheikov Email: Ian.Bacheikov@akerman.com This submtlar needs to be scheduled for a public hearing in accordance wM1h timelines set forth in the City of Miami Cede. The applicable decision -making bodywill reNew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Address: 98 SE 7th Street, Suite 1100, Miami, FL Telephone No.: 305-982-5669 Address: 98 SE 7th Street, Suite 1100, Miami, FL Telephone No.: 305-982-5669 B. Project Info Project Name: Bottled Blonde Miami Address: 239 NW 28 Street, Building 2, Space E, Miami, FL 33127 Transect Zone: T5-O Request: Exception for Alcohol Service Establishment ("ASE") Is ASE an allowed Use? No ❑ Yes X Comment: Current Use: Under Construction Use Requested: ASE Type of License proposed: 4-COP Quota Certificate of Use: ASE Comment: To be applied for Applicable Code: Miami 21 X City Code: X Sec.: Article 21, Table 23 and Article 7.1.2.6 Sec.: 4-4 and 4-7 City Code Section 4-4: Is the subject property within a specified District? No X Yes ❑ District: hoose an item City Code Section 4-5: Is the subject property within a Specialty District? No ❑ Yes X Specify: Wynwood Cafe (Exhibit J) City Code Section 4-6: Is the subject property within an Entertainment District? No X Yes ❑ Specify: Choose an item ASE (02/06/2020) Page 1 of 4 City of Miami ASE Supplemental Application Attachment 2 Distance requirement: No ❑ Yes X Specify: Shall not be located less tha a school; shall not be located I feet from another ASE Hours of Closing: Shall be closed during school hours Is the ASE proposed in other Retail or Waterfront Specialty Center? No X Yes ❑ Specify Reservation Letter provided: Yes X No ❑ Distance Survey required: No ❑ Yes X Religious ❑ Educational X_ ASE X Residential ❑ Comply w/distance requirements:: No ❑ Yes X Clarification req'd: This submittal needs to be scheduled for a public hearing in accord anae 'nth timelines set forth in the City of Miami Code. The appllw de decision -making bodywIIL review to information at the pubdc hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 C. Design Review: In applying Article 4, Table 12, check for Building sites should locate service elements, such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and communications equipment away from a street front. All service elements shall be situated and screened from view to the street and adjacent properties. Square footage Indoor: 8,285 Sq. Ft Seats: 203 Tables: 27 Outdoor dining area: No X Yes ❑ Seats: N/A Tables: N/A Square footage: Sq. Ft Is the Outdoor dining area approved? No ❑ Yes ❑ Permit No.: Parking Parking Required: 3 Parking Provided: 3 Comment: Per the Parking Requirements set forth in the Zoning Information / Project Date contained in A-02 of the project plans, thirty (30) on -street parking spaces have been allocated to Wynwood Walk, which includes a net lot area of 71,493 SF. The subject establishment has a net lot area of 8,285 SF. Based on the above, three (3) on -street parking spaces are allocated to the establishment pursuant to the Plans. D. ADA Compliance: Pathway min. width: 3' ADA number of seats: 1:20 Chairs distance back to back: 18" ASE (02/06/2020) Page 2of4 PUeo City of Miami ASE Supplemental Application Attachment 2 ADA table(s) has at least 27" of knee clearance provided between the floor and of the table, 28" - 34' max to the top of table, and a minimum depth (reach) of 19" width measuring between 24"-42". Tables with 4 legs shall provide a minimum wi between table legs. ADA floor clearance shall be 30" wide and 48' deep. Indoor Dining area: ADA Tables: 9 ADA tables (and additional 2 ADA seats [1 at each of the bars]) Outdoor Dining area: ADA Tables: N/A 4 0 4- Q. NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Cole. The applies Pie decision-mahing body will reeew the Information at the pubc hearing to render a recommendation or a final decision. 44, ReVI EW CO PZ-20-6099 12/07/20 E. Code Compliance: Code Violations: Yes X (Owner is in the process of obtaining 40-50 Yr Recertification) No ❑ Note: Article 7, Section 7.1.3.7: "No approval may be issued if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the subject of the application would cure the outstanding violation. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code." F. Review Procedure: In establishing the appropriate process to analyze the request, the following criteria shall be applied: • Article 6, "Table 13. Supplemental Regulations" For properties located within T4, T5 or T6 (L-O) Transect Zone: Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled "Alcoholic Beverages." Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-6 of the City Code shall not be subject to an Exception permit. The proposed ASE qualifies for an Exception? Yes X No ❑ • Is this case about an Alcohol Service Establishment requesting extension of hours of operations or variance from distance requirements? No ASE (02/06/2020) Page3of4 G3 City of Miami ASE Supplemental Application Attachment 2 G. Criteria for Analysis: Maximum capacity assigned: 203 patrons Staff: 149 employees City Code, Chapter 4, Sec..4-7 (b): Operational Plan provided: Yes X Issues addressed: No ❑ N/A ❑ This submittal needs to be scheduled for a public hearing In accordance wiHr timelines set forth in the City of Miami Code. The applica de decision -making bodywIIL renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 Operational Plan Matter Addressed 1. Hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application Yes 2. Parking Yes 3. Crowd control plan (for ASE w/ capacity 300+) Yes 4. Security plan (for ASE w/ capacity 300+) Yes 5. Traffic circulation analysis (for ASE w/ capacity 300+) Yes 6. Sanitation plan Yes 7. Residential Districts: - Proof of distance (200 ft) - Noise attenuation plan N/A Note: Additional criteria for analysis shall apply depending on the specifics to the specific of the request. ASE (02/06/2020) Page4of4 PUBL/c Please return this instrument after recording to: Office of the City Attorney City of Miami 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 I 111111 11111 111" !11 CF 2 OR Bh. 31285 itElOF,:D H( RV-fIEY 0 a NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City or MiamCode. The apptioatle decision -making body will renew the information at the public hearing to render a rtcommendabon or a fina Acuson. on. v RFVI EW C04 0 PZ-20-6099 12/07/20 Reserved for Recording _ DECLARATION OF RESTRICTIVE COVENANT IN LIEU OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENT that the undersigned, THOR . WYNWOOD WALK OWNER LLC, a Delaware limited liability company (hereinafter, the "Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenant in Lieu of Unity of Title (the 'Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under it. WHEREAS, Owner is the owner of that certain property located at 239 NW 28 ST; 329 NW 28 ST; 2800 NW 2 AVE; 2812 NW 2 AVE; 2818 NW 2 AVE; 2838 NW 2 AVE; and 230 NW 29 ST, in the City of Miami, Florida, (together, the "Property"), more particularly described on Exhibit "A," attached hereto and incorporated herein; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby agrees as follows: 1. Recitals. The above recitals and findings set forth preamble of this Declaration are true and correct and are hereby adopted by reference and incorporated herein as if fully set forth in this Section. 2. Use of Property. The Owner of the Property hereby agrees and declares that (i) for the purpose of this Declaration the Property shall be considered as one plot and parcel of land, and (ii) so long as this instrument shall remain in effect, any and all conveyances or transfers of all or any portion of the Property by the Owner, its grantees, successors and assigns, shall be subject to the terms and restrictions of this Declaration as if any such grantee, successor, or assign, were a party hereto or a signatory hereof. 3. Term of Declaration. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they Page 1 of 8 41739282;3 G 0 PUBL,c A.'O 1111 Pt" M i. shall be extended automatically for successive periods of ten (10) years each, writing by the following: (i) then owners of the Property (or if any portion of th been submitted to the condominium form of ownership, then by the association e operate the condominium in lieu of all of the owners thereof) AND (ii) the Zoning Adm and Directors of the Departments of Public Works, Planning and Zoning and Building of the of Miami, subject to the approval of the City Attorney as to legal form, or their respective designees or successors, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. 4. Amendments, Modifications, Releases. The provisions of this instrument may be amended, modified or released by a written instrument executed by the following: (i) then owners of the Property (or if any portion of the Property has been submitted to the condominium form of ownership, then by the association established to operate the condominium in lieu of all of the owners thereof and the joinder of any mortgagees(s) if there are any mortgages on the Property) and (ii) the Zoning Administrator, and Directors of the Departments of Public Works, Planning and Zoning and Building of the City of Miami, subject to the approval of the City Attorney as to legal form, or their respective designees or successors. All Amendments, modification, or releases of this Declaration shall be executed in the manner enumerated in this section and shall be recorded in the Public Records of Miami -Dade County, Florida in order for the amendment, modification, release to be valid and effective. NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCode. The apptioatle decision -making body will renew theinfomiation at the public hearing to render recommendation or a enaAcuson. PZ-20-6099 12/07/20 Q��(r REVIEW COS 5. Enforcement. Enforcement of this Declaration shall be by action against the parties to this Declaration or persons violating or attempting to violate any covenants in this Declaration or the then Owners at the time the violation is committed. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. The violations may also be enforced by City Code, Chapter 2, Article X, entitled Code Enforcement. 6. Severability. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. 7. Cumulative and Waiver. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election or remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 8. Declaration Binding on Subsequent Owners. In the event of multiple ownership subsequent to the approval of the covenant in lieu of unity of title, each of the subsequent owners shall be bound by the terms, provisions and conditions of this covenant. Further, except for sales to condominium owners, the owner agrees that it will not convey portions of the subject property to such other parties unless and until the owners and such parties shall have executed and mutually delivered, in recordable form an instrument to be known as an "easement and operating agreement" which shall contain, if applicable: (i) Easements in the common area of each parcel for ingress to and egress from the other parcels; Page 2 of 8 41739282;3 PUBL/c (ii) Easements in the common area of each parcel for the passag and parking of vehicles; (iii) Easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) Easements for access roads across the common area of each parcel to public and private roadways; (v) Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footing, supports and foundations; (viii) Easements on each parcel for attachment of buildings; (ix) Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (x) Appropriate reservation of rights to grant easements to utility companies; (xi) Appropriate reservation of rights to road rights -of -way and curb cuts; (xii) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xiii) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like; and (xiv) The "Easement and Operating Agreement" shall be recorded by the Applicant/Owner and a copy furnished to the Directors of the Department of Public Works, Planning, Zoning, and Building 0 a titt NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCode. The apptioatle decision -making body will renew theinfomiation at the public hearing to render recommendation or a enaAcuson. 44, REVIEW CC" PZ-20-6099 12/07/20 Page 3 of 8 41739282;3 G 0 PUBL/c titt of the City of Miami, or their respective designees or successors. Waivers, modifications and amendments to the Easement and Operating Agreement shall require such written City of Miami approvals in a legal form approved by the City Attorney. NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCode. The apptioatle decision -making body will renew theinfomiation at the public hearing to render recommendation or a enaAcuson. PZ-20-6099 12/07/20 RE v"' IEW COV 9. Recordation. This Declaration shall be recorded in the Public Records of Miami - Dade County at the Owner's expense within ten (10) days of its acceptance by the City of Miami. The City of Miami shall be promptly furnished with a recorded copy of this Declaration within thirty (30) days of recording. 10. Covenant Running with the Land. This Declaration, once approved for legal form and sufficiency by the City Attorney, and accepted by the City of Miami, or designee, shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all owners, future owners, mortgages, and lessees and others presently or in the future having any interest in the property. 11. Inspection. It is understood and agreed that any official inspector of the City may have the right at any time during normal business hours to enter upon the Property for the purpose of investigating the use of the Property and for determining whether the Property is in compliance with the conditions of this Declaration. [Signature Page to Follow] Page 4 of 8 41739282;3 G 0 PURL./C Signed, witnessed, executed and acknowledged this (4 day of $t•k trn\xr Witnessed by: STATE OF ,.4i YOf� COUNTY OF 1/,014 lark ) ss: NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCode. The apptioatle decision -making body will renew the information at the public hearing to render a rtcommendabon or a finaAcuson. .q► PZ-20-6099 12/07/20 RF /EW COV THOR WYNWOOD WALK OWNER LLC, a Delaware limited liability company, By: Name: Melissa Gliatta Title: Chief Operating Officer The foregoing instrument was acknowledged before me this IL day of je 41/ " , /1/� 2018 by as,/ 6/«.1- the (. D . f� of THOR WYNWOOD WALK OWNER LLC, a Delaware limited liability company.-He./She is personally known to me or presented — as identification and who did not take an oath. STEVEN D STEWART NOTARY PUBLIC,,STATE OF NEW YORK No.01ST6241214 Qualified in Queens County My Commission Expires 05-16-_ 4LQ NOTARY SEAL/ STAMP C/ Notary ublic, State of .id K/y/i+r-� Print Name 41739282;3 Page 5 of 8 G 0 PUBL/C APPROVED AS : RM AND APPROVED: CORREC ► ' S: VIC RIA ME City; ttorn APPROVED: FRANCISCO J. GARCIA Director of Planning APPROVED: JUVENi• PANT ; A JR. , P. r= - , Cr i4 . Dircc s ; bublic :rlc-s-- �l=f2U Pigs c DR R i ?vtcaNi r Li E NCE AND PU/)i iC WD S VINC.J•S Zoning Administrator APPROVED: AS 0/ JAMERi uilding Director /1'2- NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCode. The apptioatle decision -making body will renew the information at the public hearing to render a rtcommendabon or a finaAcuson. PZ-20-6099 12/07/20 RF IEW CO�� {41739282;1} Page 6 of 8 PUBL/C EXHIBIT A LEGAL DESCRIPTION Legal: NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCcde. The applicable decision -making body will renew theinfomiation at the public hearing to render recommendaoon or a final deciaon. .q► PZ-20-6099 12/07/20 RF V 1EW GO Lot 1, less the East 10 feet thereof; and all of Lots 2, 3 and 4, in Block 18, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat Book 2, Page 29, of the Public Records of Miami -Dade County, Florida TOGETHER WITH: Lots 18, 19 and 20, less the South 9.90 feet thereof, and all of Lots 21, 22 and 23, and Lot 24 less the East 5 feet thereof and less the West 5 feet of the East 10 feet of the North 45 feet, in Block 18, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat Book 2, Page 29, of the Public Records of Miami -Dade County, Florida. LESS AND EXCEPT THE FOLLOWING: The South 10 feet of Lots 21, 22, 23 and 24, TOGETHER WITH the West 5 feet of the East 10 feet. LESS the South 10 feet and LESS the North 45 feet thereof, of said Lot 24, TOGETHER WITH the external area of a circular curve lying within said Lot 24, said curve _ being concave to the Northwest and having a radius of 25 feet and being tangent to a line lying 10 feet West of and parallel with the East line of said Lot 24 and being tangent to a line that lies 10 feet North of and parallel with the South line of said Lot 24, all in Block 18, of "NORTHERN BOULEVARD TRACT", according to the Plat thereof, as recorded in Plat Book 2, at Page 29, of the Public Records of Miami —Dade County, Florida. TOGETHER WITH: The external area of a circular curve lying within Lot 1, in Block 18, of "NORTHERN BOULEVARD TRACT", according to the Plat thereof, as recorded in Plat Book 2, at Page 29, of the Public Records of Miami —Dade County, Florida, said curve being concave to the Southwest and having a radius of 10 feet and being tangent to the North line of soid Lot 1, in Block 18 and being tangent to o line that lies 10 feet West of and parallel with the East line of said Lot 1. Also known as: 239 NW 28 ST; 329 NW 28 ST; 2800 NW 2 AVE; 2812 NW 2 AVE; 2818 NW 2 AVE; 2838 NW 2 AVE; and 230 NW 29 ST. Folio Numbers: 01-3125-024-3140; 01-3125-024-3150; 01-3125-024-3160; 01-3125-024-3170; 01-3125-024-3180; 01-3125-024-3040; and 01-3125-024-3050. Page 7 of 8 41739282;3 PUBL/c OR P K 31 LAST PA - JOINDER OF MORTGAGEE TO 0 O a NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCode. The apptioatle decision -making body will renew the information at the public hearing to render a rtcommendabon or a finaAcuson. DECLARATION OF RESTRICTIVE COVENANT IN LIEU OF UNITY ',o�, v 044 REVIEW C0 PZ-20-6099 12/07/20 BANK OZK, formerly known as BANK OF THE OZARKS, being the beneficiary for all purposes of that certain Mortgage, Security Agreement and Fixture Financing Statement dated October 25, 2017, with THOR WYNWOOD WALK OWNER LLC, a Delaware limited liability company, being the grantor, recorded November 7, 2017 in Official Records Book 30749, at Page 1780, of the Public Records of Miami -Dade County, Florida, encumbering, among other things, certain real property referred to herein as the Property, hereby consents to the recording of the foregoing Declaration, and agrees that the terms of the Declaration are and shall be binding upon the undersigned and its successors in title. STATE OF .I-a5 ) ss: COUNTY OF ) BANK OZK, formerly known as BANK OF THE OZARKS By: N me: ToSin FaSeIef Its: SU P hss 4- t - The foregoing instrument was acknowledgcsd b,eefore me this day of 2018 by , the - .3 Q C of BANK OZK, formerly known as BANK OF THE OZARKS. He/She is personally known to me or presented 1n,v-y, ape rocky as identification and who did not take an oath. )n� Set NO AL/ 1 ►M6N;,IIINM►r� Notary Public, Sta Print Name 41739282;3 Page 8 of 8 4 G'' 0 4- Department of Finance Online Payments Receipt Your Reference Number: 2020101001-74 04/10/2020 1:54:49 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2020101001-74-1 TRANS ID: 686343 BUSINESS NAME: COM Fee Payment FEE NAME: PRELIMINARY PLAN REVIEW DRY RUN TOTAL PAYME Nm American Express Credit Sale CARD NUMBER: ***********2119 LAST NAME: Shreve 1111111111111111111111 i CE2020 0 00 -74 0110 IIIU II1 $1,500.00 $1,500.00 AMOUNT: 1,500.00 $1,500.00 NOTICE This aobrnitla� neaas m be aoneaoiee mr a pabeo neahng in acroreano wim trn Lrnes ae<tonh m me ciri or Mlami Cotle. The appllwde tlecision-maXing botlywill renewthe inmrmationpubic hearing to rentlere reoommenaauon or a nnai eedaon. 44, REVIEW CO ' PZ-20-6099 12/07/20 akerman May 11, 2020 Via Electronic Mail: JEisenbergna,miamigov.com Joseph Eisenberg Planner II, UDRB Liaison City of Miami Planning and Zoning Department 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Three 98 Southea Thla submittal needs to be scheduled fora public hearing j in accordance wiHitimarmx set forth in me Cityof ` Miami Code. The applies de decision -ma king bcdywiLL review the information al the public hearing to render a recommendation or a final decia on. PZ-20-6099 N 12/07/20 Miami, D: 305 982 5669 T: 305 374 5600 F: 305 374 5095 DirF: 305 349 4609 ian.bacheikov@akerman.com Re: Bottled Blonde Miami, LLC 239 NW 28 Street, Building 2, Space E, Miami, Florida 33125 Application to Wynwood Design Review Committee Dear Mr. Eisenberg: On behalf of Bottled Blonde Miami, LLC ("Applicant"), Akerman LLP submits this application in to the Wynwood Design Review Committee for the property located at 239 NW 28 Street, Building 2, Space E, Miami, Florida 33125 ("Property"). Background on the Property The Property is an indoor commercial space with a net lot area of eight thousand two - hundred eighty-five (8,285) square -feet. Applicant currently leases the Property from Thor Wynwood Walk JV, LLC ("Thor"). Located within the Wynwood Neighborhood Revitalization District ("NRD-1") and zoned T6-8-O, the Property is part of Thor's Wynwood Walk development, designed to revitalize a formerly industrial area with walkable retail and restaurant spaces while maintaining the character of the neighborhood, including maintaining facades of the historic warehouses. A copy of the Warrant and Waiver Final Decision 2017-0044 approving Wynwood Walk, as well as the associated approved plans, are attached as Exhibit 1 and Exhibit 2, respectively.1 1 In response to Comments 20 and 22 provided by the Urban Design Review Group on the Applicant's underlying Exception application, please note that the site plans for the instant application do not substantially modify the Principal Building ground floor Facades along the Primary and Secondary Frontages as was approved under Warrant and Waiver Final Decision 2017-0044. The First Layer hardscape remains the same as does any approved landscape that buffers existing FPL boxes from the street. Moreover, and in compliance with the warrant approval for Thor, Applicant will include art or glass treatment along its Facades. This feature which will be reviewed by the Wynwood Design Review Committee with final approval by the Planning Director. Specifically, Applicant is planning on akerman.com 52083869;1 PUBL./ nr Page 2 Because of its location in Wynwood within the NRD-1 boundaries, the Pro to be scheduled in front of the Wynwood Design Review Committee ("WDRC") f of the principal building facades along its frontages. 0 a C M N y V P NOTICE Thla submittal needs to be scheduled fora public hearing In accordance wiHi timelines set forth in the City of Miami Code. The appka decision -ma king body ...AR redewthe information al the public hearing to render a recommendation or a final decia on. PZ-20-6099 12/07/20 Q. RE Enclosed herein for your review as Exhibit 3 is the application for WDRC and as Exhibit 4 the plans entitled Bottled Blonde, prepared by Kobi Karp and dated September 26, 2019 ("Site Plans"). Project Description The Wynwood Walk development was crafted with the intent to create a walkable neighborhood space that maintains the characteristics of the area while still bringing in new retail and food service establishments to enhance the Wynwood experience for locals and visitors alike. Applicant's venue will directly support these goals by creating a cool new neighborhood hangout. Applicant intends to operate a neighborhood pizzeria and bar designed to appeal to Wynwood's local residents and enhance the walkability of the area. With a rustic and relaxed atmosphere, Applicant's venue will be reminiscent of a German bier hall with the familiarity of an American Sports Pub, and will offer the authentic cuisine of an Italian pizzeria with a taproom style selection of local and other craft beers. The venue, known as Bottled Blonde, will provide an ideal spot for friends and neighbors to gather during the day to watch sporting events or just relax and enjoy all Wynwood has to offer. During the evening, Applicant will play music for dancing while patrons enjoy a menu of specially curated cocktails. On weekends, Bottled Blonde will offer a special brunch menu and display sporting events on large projector screens. More information on Applicant's operational plan is attached as Exhibit 5. Zoning Reservation & Exception Request The Applicant has reserved the use of an alcohol service establishment, and the placement of a State of Florida series 4COP-Quota alcoholic beverage license for the service of beer, wine and liquor at the Property. Moreover, the Applicant has applied for an Exception for Alcohol Beverage Service Establishment (PZ-20-6099). Design Aesthetic and Satisfaction of WDRC Criteria Highlighted by the creation in 2015 of the NRD-1, Wynwood has been gradually transforming in recent years into a vibrant mixed -use neighborhood, while maintaining its creative spirit and industrial chic vibe. Wynwood Walk, and by extension, Applicant's Bottled Blonde project, exudes all of these themes of the larger Wynwood Arts District on a micro level. In installing glass garage doors on the Property along the facade facing NW 2' Avenue, and a solid garage door at the corner of NW 2nd Avenue and NW 29th Street. This is part of Applicant's design theme. This feature will not facilitate outdoor dining or egress/ingress into the Property; rather, it will allow fresh air into the establishment and provide patrons with an enjoyable view of Wynwood. The garage door at the corner of NW 2nd Avenue and NW 29th Street will feature a mural, as required by Thor's final warrant, with a distinctive, high -quality, rotating art mural program in place. 52083869;1 PUBL, nr Ian G. Enclosures Page 3 satisfaction of the primary purpose of the WDRC as set forth in Sec. 2-1329 of we believe this project demonstrates clear compatibility with the cultural and character of the Wynwood Arts District. 0 a C M N y V P NOTICE Thla submittal needs to be scheduled fora public hearing In accordance wiHi timelines set forth in the City of Miami Code. The appka decision -ma king bcdywill review the information al the public hearing to render a recommendation or a final decia on. PZ-20-6099 12/07/20 REV! EW The Site Plans for the instant project do not substantially modify the Principal Building ground floor Facades along the Primary and Secondary Frontages as was approved under Warrant and Waiver Final Decision 2017-0044 for the Wynwood Walk development. The First Layer hardscape remains the same as does any approved landscape that buffers the existing FPL boxes from the street. Moreover, and in compliance with the warrant approval, Applicant will include art or glass treatment along its Facades as depicted in the graphic illustrations prepared by The Color Dreamers, Amir Shakir and Ivette Cabrera ("Design Concepts"), which are enclosed herein for your review as Exhibit 6. Specifically, Applicant plans on installing glass garage doors on the property along the facade facing NW 2nd Avenue, and a solid garage door at the corner of NW 2nd Avenue and NW 29th Street. This is part of Applicant's design theme. This feature will not facilitate outdoor dining or egress/ingress into the property; rather, it will allow fresh air into the establishment and provide patrons with an enjoyable view of Wynwood. The garage door at the corner of NW 2nd Avenue and NW 29th Street will feature a mural, as required by warrant, with a distinctive, high -quality, rotating art mural program in place. The Design Concepts are a celebration of Wynwood's art and culture scene, combining fine art with street art utilizing a variety of mediums from layered paint textures to spray paint and airbrush. Uniting many of the styles that helped to create Wynwood's artistic renaissance, the Design Concepts portray the evolution of art from graffiti to fine art. Part of the mural "Love Letter to Wynwood' features a South Florida Parrot for which there are over 20 local species. The mural also depicts poetic phrases written in cursive intended to inspire artists and visitors to seek artistic expression and love in the pursuit of their passions and dreams. Other elements of the mural showcase a strong backdrop of Miami life from palm trees to sunglasses. Cool blues and teals reflect the ocean and skies while bright yellows were chosen as featured colors reflecting the sunshine. The Design Concepts pay tribute to Miami, as the city of lights, by including neon as an accent that reveals the beauty and luminosity of vivid colors. Conclusion We believe that Applicant's venue will be a welcome addition to the innovative Wynwood Walk development. For the foregoing reasons and as evidenced from the Site Plans, the project is consistent with the criteria of Sec. 2-1329 of the City's Code, the standard for WDRC review, demonstrating compatibility with the cultural and architectural character of the Wynwood Arts District and advancing an attractive and functional design. Should you have any questions or comments, please do not hesitate to contact me. Sin rely, //-r7 ac eikov 0 1' 52083869;1 PUBL./ nr G 0 4 Ot � r • 'deft. DIM * ,$ a K , City of Miami Planning and Zoning Department WDRC APPLICATION FORM (To be completed by Applicant) C M N y V P NOTICE This submitlal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applica de decision-rna king body will renew the lntonnaton at the public hearing to render a recommendation or a final decision. PROJECT NAME: Bottled Blonde Miami PROJECT ADDRESS: 239 NW 28 Street, Building 2, Space E, Miami, FL 33125 PROPOSED USE: Alcohol Beverage Service Establishment TRANSECT ZONE: T6-8-O OWNER: Thor Wynwood Walk JV, LLC PHONE NUMBER: 305-982-5669 E-mail: Ian.Bacheikovtc�i Akerman.com MAILING ADDRESS: 98 SE 7th Street, Suite 1100, Miami, FL 33131 PZ-20-6099 12/07/20 APPLICANT: Bottled Blonde Miami, LLC PHONE NUMBER: 305-982-5669 E-mail: Ian.Bacheikov@Akerman.com MAILING ADDRESS: 98 SE 7th Street, Suite 1100, Miami, FL 33131 Please reflect all e-mail addresses where you wish to receive any information about your project as well as the UDRB Resolution. V� r Ew co0Q GENERAL PROJECT DATA: 10 PUB/./ 13 NOTICE This submittal needs to be sc heauled fora public hearing in accordance with timelines set fonh in the City of Miami Cede. The applica de decision-rna king bedy will reblew the information at the public hearing to render a recommendad on or a final dec sJ on. ITEM ALLOWED PROVID = s Pz-20- � TOTAL FLR (sq. ft.) N/A 8,285 sq. ft. 9't12/Oi �` �_ REvr TOTAL DENSITY (units per acre) N/A E N/A RESIDENTIAL UNITS N/A N/A HOTEL ROOMS N/A N/A COMMERCIAL/ RETAIL AREA (sq. ft.) N/A 8,285 sq. ft. OFFICE AREA (sq. ft.) N/A N/A OPEN SPACE (sq. ft.) N/A N/A HEIGHT (stories) 2 Stories 1 Story (approved by Warrant Final Decision 2017-0044) HEIGHT (feet) N/A 21.6 feet PARKING SPACES 3 spaces 3 spaces BICYCLE PARKING 0 spaces 0 spaces SUSTAINABILITY (i.e. LEED) LEED Silver LEED Silver PUBLIC BENEFITS (type) N/A N/A PUBLIC BENEFITS (% FLR) N/A N/A DESCRIPTION OF PROJECT SUBMITTED TO WDRC: Applicant intends to operate a nergnbornood pizzeria and bar designed to appeal to Wynwood's local residents and enhance the waikability of the area. The site plans for the instant application do not substantially modify the Principal Building ground floor Facades along the Primary and Secondary Frontages as was approved under Warrant and Waiver Final Decision 2017-0044 for the Wynwood Walk development. The First Layer hardscape remains the same as does any approved landscape that buffers existing FPL boxes from the street. Moreover, and in compliance with the warrant approval, Applicant will include art or glass treatment along its Facades. Specifically, Applicant plans on installing glass garage doors on the property along the facade facing NW 2nd Avenue, and a solid garage door at the corner of NW 2nd Avenue and NW 29th Street. This is part of Applicant's design theme. This feature will not facilitate outdoor dining or egress/ingress into the property; rather, it will allow fresh air into the establishment and provide patrons with an enjoyable view of Wynwood. The garage door at the corner of NW 2nd Avenue and NW 29th Street will feature a mural, as required by warrant, with a distinctive, high -quality, rotating art mural program in place. 6099 /20 w� cOv PUBL./ nr 0 4 Pursuant to the Planning and Zoning Department fee schedule, a fee of required prior to the review and issuance of this planning application. T fee for signs and murals is $75. Permit fees are nonrefundable. 5/ll/Zo?Q APPLICANT DATE M N y V P NOTICE This submittal needs to be schedted for a public hearing in accordance with timelines set forth in the City of Miami Code. The applica de decision -making bodywill renew to 1ntomabor at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 V� 'I EW CC0Q UDRB LIAISON DATE Bottled Blonde Mural Concept Designs ..r r �� ■III ■I 111 ■11I I ;1 11 111 ■IMI I ill ■ 1 ■1l EMI jUl.1.■11 ARTISTIC FACADE TREATMENT Corner of NW 2nd Avenue and NW 29 Street The Color Dreamers Amir Shakir and Ivette Cabrera 786 - 237- 4484 www.colordreamers.com thecolordreamers@gmail.com Copyright © - The Color Dreamers Narrative of the art work describing artistic concept and intent. A celebration of art and culture, these murals express a mix of fine art with street art utilizing a variety of mediums from layered paint textures to spray paint and airbrush. Combining many of the styles that helped to create Wynwood's artistic renaissance, our concept shows the evolution of art from graffiti to fine art. Part of the mural "Love Letter to Wynwood' features a South Florida Parrot for which there are over 20 local species. The mural also depicts poetic phrases written in cursive intended to inspire artists and visitors to seek artistic expression and love in the pursuit of their passions and dreams. Other elements of the mural showcase a strong backdrop of Miami life from palm trees to sunglasses. Cool blues and teals reflect the ocean and skies while bright yellows were chosen as featured colors reflecting the sunshine. We pay tribute to Miami, as the city of lights, by including neon as an accent that reveals the beauty and luminosity of vivid colors. Artist's bio, brief description of artist's work We are an artist duo called The Color Dreamers. Our team consists of Amir Shakir and Ivette Cabrera. We have been professional artists for over ten years exhibiting paintings in museums such as the Baker Museum, Yellowstone Art Museum and Spectrum Art Fair. Our works have also been exhibited in galleries with commissions in both luxury residential and commercial applications. We have worked with many community organizations, city governments for public art projects and major consumer brands to produce national commercials featuring our artworks. We have produced public art in partnership with the City of Olympia in Washington, the City of Hastings in Minnesota, City of Nelson in BC Canada and the City of Pompano Beach in Florida. We have also worked with major brands including Levi's, EA Sports, Maizena, John Frieda, Puma and others. Amir Shakir studied art and music at Texas Southern University and Ivette Cabrera studied Interior Architecture and Design at the Academy of Art University. Ivette established one of the first art studios and galleries in Wynwood in 2008 and continued on to create a 2,000 sq ft art residency named Viophilia which housed over 12 artists and curated over 25 Wynwood art events. Together we combine our skills into the work we produce by mixing form and function with beauty and vibrancy. We utilize the power of art and architecture in all of our projects creating interactive environments that awaken all the senses. We are inspired by a broad range of styles from classical art to modern graffiti. We want to express to the world that an artist can transcend many art forms with talent and diligence. Our portfolio can attest to our level of skills with each project we complete. We believe in the power of large scale collaborative works that engage visitors in communication and encourage interaction with the artworks. We use scale and perspective to defy reality giving two dimensional surfaces three dimensional qualities. Planning is the key to a successful outcome and we take great care in making sure to finesse every detail. Before production begins on a project we assess any aerial equipment needs and safety concerns in the immediate surroundings. We carry commercial liability insurance and include our clients as additionally insured. Whether we are producing murals, sculptures or other styles of artwork, we consult with architects and engineers whenever necessary to ensure all legal requirements are met. During projects our daily tasks are scheduled in advance to ensure timely completion of the project. References: 1. Stephanie Mathieu: Property Manager smathieu@bozzuto.com 786-724-2104 Caoba Condo Murals - Miami World Center 2. Mark Rentfrow: City Liaison - mrentfro@ci.olympia.wa.us 360-570-3798 Parking and Business Improvement Area Board - Olympia, Washington 3. Sydney Black: Nelson District Arts Council Executive Director - info@ndac.ca International Mural Festival - Nelson BC Canada Details of materials, execution, site location, and lighting features The artistic facade murals will be painted using exterior acrylic paint with a mix of spray paint and CNC cut stencils. We will first prepare the walls by covering any exterior features that will not be painted such as windows, pipes and fire signs. Floors and foliage will also be covered. After sections are covered we will spray them using a mixture of spraypaint and our HVLP sprayer. We will then create a preliminary sketch on the wall and once we are satisfied with the layout we will proceed to painting the surface with rollers and brushes. Exterior wall mounted lights on the building will illuminate artwork at night. Proposed summary of maintenance and future upkeep of the piece. We use high quality acrylic paint that is maintenance free. During an 18 month period, ground level graffiti tags will be painted over and repaired. Graphic Illustrations Left column features concept designs overlaid on the building and the right column features 2d flat images of the same designs. Concept Design 1 htorth Elevation North Facing Wall • MEM ER■ MIE■ East Elevation East Facing Wall South Elevation South Facing Wall Concept Design 2 North Elevation North Facing Wall N IE • ■ ••N■ OMEN ■ EN■ East Elevation East Facing Wall South Elevation South Facing Wall Concept Design 3 North Facing Wall East Facing WaaII South Facing Wall North Elevation P MINIME11111EM MEM M••R. •■NE MIME , ,El■= J...• NI NENE •E•E M■•■ MEMM East Elevation South Elevation Meeting Date: July 2, 2020 C I T Y 0 F MI A MI WYNWOOD B I D WYNWOOD DESIGN REVIEW COMMITTEE (WDRC) RESOLUTION FOR RECOMMENDATION WDRC MEETING JIJLY 2, 2020 Item No. 4 NOTICE Thla submittal needs to be scheduled for a pubic hearing In accordance with tmellnes set forth in the City of Miami Code. The applies de decision -ruling body wIIL review the informagon at the public hearing to render a recommendation or a final decision. A motion was made by V. Sanchez and seconded by M. Coleman for a Resolution recommending to the Director of the Department of Planning & Zoning of approval for the project Bottle Blonde located at 239 NW 28 ST, Building 2, Space E with a vote of 6 to 0. Vote List Yes No Recused Absent Victor Sanchez (Chairman) ❑ ❑ ❑ Marc Coleman (Vice Chair) ❑ ❑ ❑ Paul Laurdie E 0 ❑ Daniel Lombardi ® ❑ ❑ 0 Gustavo Berenblum ® ❑ ❑ [] David Charette ® ❑ ❑ ❑ Amanda Hertzler ® ❑ ❑ ❑ CONDITIONS: a All electrical conduits and wires must be concealed. o Rooftop mechanical equipment must be screened or concealed a NW 2 Avenue and NW 29 Street facades mural must have proper "wall wash" illumination to accentuate the artwork o WDRC discourages the use of the "blonde" figure on the proposed art as it could be considered signage. First art option presented is preferred o Chamfered corner needs to be accentuated with either a three-dimensional art component, decorative light fixture or other element and that can help make it a focal point. Attest: at4w- Francisco Garcia, Planning & Zoning Director Kevin J. Martin, WDRC Liaison 0 PURL, ..fir akerman August 18, 2020 Francisco J. Garcia Director, Planning Department City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Three B 98 Southeas NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Cede. The applica tie decision -making body will renew the information at the public hearing to render a recommendation or a final decision. Miami, PZ-20-6099 12/07/20 D: 305 982 5669 T: 305 374 5600 F: 305 374 5095 DirF: 305 349 4609 ian.bacheikov@akerman.com Re: Bottled Blonde Miami, LLC — PZ-20-6099 239 NW 28 Street, Building 2, Space E (a/Ida Suite 110), Miami, Florida 33125 Responses Wynwood Design Review Committee Recommended Conditions Dear Mr. Garcia: On behalf of Bottled Blonde Miami, LLC ("Applicant"), Akerman LLP submits these responses to the Wynwood Design Review Committee's recommended conditions for approval of the project located at 239 NW 28 Street, Building 2, Space E (a/k/a/ Suite 110), Miami, Florida 33125 ("Property"). The recommended conditions stated in the Wynwood Design Review Committee ("WDRC") Resolution for Recommendation are restated below, followed by Applicant's narrative responses in BOLD CAPS. CONDITIONS: 1. All electrical conduits and wires must be concealed. APPLICANT AGREES TO CONCEAL ALL ELECTRICAL CONDUITS AND WIRES. THE SUBMITTED PLANS DO NOT REFLECT ANY ELECTRICAL CONDUITS OR WIRES THAT ARE NOT CONCEALED. 2. Rooftop mechanical equipment must be screened or concealed. APPLICANT AGREES TO SCREEN OR CONCEAL ALL ROOFTOP MECHANICAL EQUIPMENT. THE SUBMITTED PLANS DO NOT REFLECT ANY ROOFTOP MECHANICAL EQUIPMENT THAT IS VISIBLE FROM THE STREET. 3. NW 2 Avenue and NW 29 Street facades mural must have proper "wall wash" illumination to accentuate the artwork. APPLICANT AGREES TO INSTALL EXTERIOR LIGHT FIXTURES FOR PROPER "WALL WASH" ILLUMINATION TO akerman.com 52083869;1 Page 2 0 PUBL/C ACCENTUATE THE ARTWORK ON THE NW 2 AVENUE AND N FACADES. THE SUBMITTED PLANS REFLECT THE LOCATIO EXISTING EXTERIOR LIGHT FIXTURES ON THE NW 2 AVE STREET FACADES TO REMAIN WHICH WILL PROVIDE THE WASH' ILLUMINATION TO ACCENTUATE THE ARTWORK. NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Cede. The applica tie decision -making body will renew the information at the public hearing to render a recommendation or a final decision. PZ-20-6099 12/07/20 REVIEW CO" 4. WDRC discourages the use of the "blonde" figure on the proposed art as it could be considered signage. First art option presented is preferred. APPLICANT AGREES NOT TO USE THE "BLONDE" FIGURE IN THE FA(ADE ARTWORK. APPLICANT WILL PROCEED WITH THE FIRST ART OPTION PROVIDED FOR THE FACADES, SUBJECT TO POTENTIAL MINOR VARIATIONS AT THE ARTIST'S DISCRETION). THE DESIGN CONCEPTS PRESENTED HAVE BEEN UPLOADED AS PZD-20. 5. Chamfered corner needs to be accentuated with either a three-dimensional art component, decorative light fixture or other element and that can help make it a focal point. APPLICANT AGREES TO ACCENTUATE THE CHAMFERED CORNER WITH EITHER A THREE-DIMENSIONAL ART COMPONENT, DECORATIVE LIGHT FIXTURE, OR OTHER ELEMENT THAT WILL HELP MAKE IT A FOCAL POINT. APPLICANT WILL INCLUDE THIS ELEMENT IN THE PLANS IT SUBMITS FOR BUILDING PERMIT, AFTER THE APPLICANT DECIDES ON THE DECORATIVE ELEMENT IT WILL PROCEED WITH. Based on these narrative responses, Applicant accepts and agrees to all of the recommended conditions of the Wynwood Design Review Committee. Please do not hesitate to contact me should you have any questions or requests for additional information. Sincerely, Ian G. Bacheikov 52083869;1 EXCEPTION APPLICATION AFFIDAVIT OF AUTHORITY TOACT This submittal needs to be scheduled for a public hearing in accordance with timelires set forth in the City of Miami Code. The applica de decision-rna king body will renew the Intomaton at the public hearing to render a recommendation or a final decis on. PZ-20-6099 12/07/20 Before me this day, the undersigned personally appeared Ian G. Baoheikov, Esq. , who being by me first .deposes and says: 1 That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property Iodated in the City of Miami, as listed on the foregdng pages. 2_ That all owners who he/she represents, if any, have given his/her full and complete permission for hmvher to act in hisfher behalf for the change or modlfication of a dassiticaticn or regulation of zoning as set out in the faregding petition. NI induding or O not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of This affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the faCts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Anent sayeth not. Ian G. Bacheikov, Esq. Applicant(s) Name Applicant(s) Signature 2:33.LL, STATE OF FLORIDA — COUNTY OF MIAMI-DADE The foregoing was. acknowledged before me this 12th day of October 20 20 , by Ian G. Bacheikov. Esa, who is a(n) individkuallpapartnerlagenticorporation of Thor WmwaodWalk Owner. LLC a(n) indi►ridual/partnership/corporation_ He/She is personalty knovm tome or whg as produced as identification and Who did (did not) take a $ a 11 (Stamp) Signatu ]Rcv. 03-2012 5 g- LOT-1 BLOCK-18 LOT-24 BLOCK-18 METER GRAPHIC SCALE h r �� TREE TABULATION DATA: TYPE 307 173 TREE PAIN PAM COCONUT 175 In 177 TREE TREE 13 10 COCONUT In 180 188 160 1. 1. 121 TREE PAIN 18 10 10 10 10 COCONUT TIE E PAW 10 la 13 10 ID PAIN PALM PAIN 19 10 la 100 107 TREE 10 COCONUT 210 211 212 TREE TREE 15 12 10 10 COCONUT PAW TREE 12 10 G2c41 219 210 TREE 15 1b COCONUT PAIN COCONUT 19 10 10 maser 291 PAM PAW 10 13 TREE 10 10 ID TREE MEE COCONUT 291 NAM PAM TREE 19 10 12 10 15 10 10 15 10 COCONUT 217-323 331 LOT-8 BLOCK-18 LOT-17 BLOCK-18 10 PAM TREE RPM PAIN PAW PAW PAM 19 13 LOT-7 BLOCK-18 L0T-18 BLOCK-18 12 LOT-6 BLOCK-18 1-STORY STRUCTURE #239 I BUILDBUILDING HEIGHT 23.3' ING FOOTPRINT AREA = 17,735 /F d4� Trzrzar man " ORIGINAL A12111-0E-W2r LINE LOT-5 BLOCK-18 LOT-20 BLOCK-18 U 81 2945301 Mak N.W. 29th STREET NT_ 222 METER NOSE BIB 1-STORY STRUCTURE R230 BUILDING HEIGH111 = 213' BUILDING FOOTPRINT AREA = 7,899 5/9 TiLED SURF 332.94' ® U x 2 CUPS k 2.111E 14101L PUBLICM2P,-a-,, CUR1 x GU 182.46' . STCP 90� R=25.00' �VB'45' ® IIIIIII I�f,IAA 33' 1-STORY STRUCTURE R2838 BUILDING HEIGHT = 21.3' BUILDING FOOTPRINTI AREA = 8,899 S/F LOT-2 BLOCK-18 1 & 2-STORY STRUCTURE #2800 BUILDING HEIGHT = 37' BrDING FOOTPRINT AREA = 21,94/ 0/F L01-22 LOT-23 BLOCK-18 BLOCK-18 N.W. 28th STREET kg =25.00' 89 36'12*, 5 Jon .k J? 2.21'1/122\220 NW 29 SI LEA. PLUMBING \20 NW 29 STREET LOCATION W.I. LOCATION MAP NOT TO SCALE PROPERTY ADDRESS FOLIOOL PROPERTY ADDRESS ON Note: Folio numbers pre,ously known 329 NW 28 STREET 01-3125-024-3150 2818 NW 2 AVENUE 01-3125-024-3180 LEGAL DESCRIPTION Lot 1. LESS the Eost 10 feet thereof. all of Lon 2. 3 ond 4. in Block 1B of "NORTH:. BOULEVARD TRACT". occording to the plat thereof os recorded in Plot Book 2, at Page 29, of the Public Records of Miomi-Dade BOULEVARD Florida, drug to the Plat thereof, os recorded Plot Book 2, at feet an of 1. tangent to the Count); North Il sne , s aid Lot 1. in Black in concave o the and b Southwest tangent and having o a a line to radius 100feet West of and parallel with the East line of said Lot 1. TOGETHER WITH: Lots 18. 19 and 20, LESS the South 9.90 feet as per Official Records Book 3266, at Page he Public Records of 0sold Lot 24, in Block 15 of "NOFtTHERN BOULEVARD TRACT", according to the plat thereof as recorded in Plat Page lying2 -D ext circular eeni within said Lot 24, soid curve 10 being caavingeo feel and being LEGEND SURVEYOR'S NOTES 1- The above oned described based on the above Legal Des.pttonr Provided bty was y Client. -----w orneoen Line me - This Certification of n is only for Title. Zoning. osements, or Freedom of Encumbrances ABS,ACT NOT ------ G2m 3- T addit mv Fenee REVIEWED. Lonoll Restrictions not s n this surve,y that iyl—- Mo eni bae if any affecting this property 4 -Centerline The on UlO positional accuracy well-defined Improvement on this survey is i4L P accuracy elevations of yell-defned improvement on this survey is I. s A/�+ - +/ he/Dr boundary lines of the parcel herein des.bed ore not shown hereon. Eal =Co. Bon C.". 7.1'1e1e 6- Not valid without the signature and the originol raised seal of a ® __ - "t Surveyor p signing party ®Electfic FDH - ° per Addltions or deletions to survey o I 1 �Mout Rten c en\ of the Ignl party or party 7 _son = Elevation _ _ the Underground utilities ore not depicted hereon, conto, the e o-outhoritY Prior to any 744-ngihtn2. F.P L. owe 9 rthla suhereln dish does notddeterescribed. Surveyor m work nmed�ed d/or wall ownershipas to ony . from w2 . mre (P) -P 110-Dwnersnle of srsubjects to OPINION determine TITLE. ® -III o -o. 1 _: BOUNDARY . of PLAC " accordIng to the plat thereof as recorded In Plot Book of . Florida. ®= B FIFE/RR P�n/rsmnr t Page mEeasurementsP shocwF hereon are made in a cordonce with the °� oae _ 3 United States Standard Feet pK-Man olw Dla=Diameter 10- Community/ Panel 0120650/0312/L Dated. 9/11/2009 Flood Zone: "2" Bose Flood vation = N/A ®==lnan�mr well 1 = = 144 square net e0 5+ This BOUNDARY SURVEY has been prepored ` ace or the e xcluslve use of the entities n hereon. The Certificate does not extend to y m unnaed orta e SURVEYOR'S CERTIFICATE: HEREBY CERTIFYThat this Survey meets the Intent of the requIred Stonclards of Practice as set forth by the Flordo . Mappers in Chapter 5J-17, Florida Administrative Code, pursuant Board Sectiilon 472,027,ulFlSoridaa Surveyors s Not valid wlthouthe d he o.lnal ratsFloridalce s Surveyor a r delegoegeta d without signing p written consentnor tees party, survey other than the Digitally e Jacob Jacob GOm5 2.07 For e arm Poet ana sureryytd� Date: 2020.1 'c p av 1rs0-05'00' RECORD OF REVISION 80 W >- Cn 0 z Lg 0 CO C2 J J Yn 0 _ o J E 08 zm } [Y � 0 9- DRAWN: K2. CHECKED, PJA SCALE AS NOTED FIELD DATE: 11/07/2019 SHEET: 1 OF 1 SHEET 2227 21131 EXHIBIT A LEGAL DESCRIPTION Legal: Lot 1, less the East 10 feet thereof; and all of Lots 2, 3 and 4, in Block 18, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat Book 2, Page 29, of the Public Records of Miami -Dade County, Florida TOGETHER WITH: Lots 18, 19 and 20, less the South 9.90 feet thereof, and all of Lots 21, 22 and 23, and Lot 24 less the East 5 feet thereof and less the West 5 feet of the East 10 feet of the North 45 feet, in Block 18, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat Book 2, Page 29, of the Public Records of Miami -Dade County, Florida. LESS AND EXCEPT THE FOLLOWING: The South 10 feet of Lots 21, 22, 23 and 24, TOGETHER WITH the West 5 Feet of the East 10 feet, LESS the South 10 feet and LESS the North 45 feet thereof, of said Lot 24, TOGETHER WITH the external area of a circular curve lying within said Lot 24, said curve being concave to the Northwest and having a radius of 25 feet and being tangent to a line lying 10 feet West of and parallel with the East line of said Lot 24 and being tangent to a line that lies 10 feet North of and parallel with the South line of said Lot 24, all in Block 18, of "NORTHERN BOULEVARD TRACT", according to the Plot thereof, as recorded in Plat Book 2, at Page 29, of the Public Records of Miami —Dade County, Florida_ TOGETHER WITH: The external oreo of a circular curve lying within Lot 1, in Block 18, of "NORTHERN BOULEVARD TRACT'', according to the Plat thereof, as recorded in Plot Book 2, at Poge 29, of the Public Records of Miami —Dade County, Florida„ said curve being concave to the Southwest and having a radius of 10 feet and being tangent to the North line of said Lot 1, in Block 18 and being tangent to o line that lies 10 feet West of and parallel with the East line of said Lot 1. Also known as: 239NW28 ST; 329NW28 ST; 2800NW 2AVE; 2812NW2AVE; 2818 NW 2 AVE; 2838 NW 2 AVE; and 230 NW 29 ST. Folio Number : 01-3125-024-3040 ACKNOWLEDGEMENT BY APPLICANT The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that 1 must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code), 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. in addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing_ Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O_) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attomey through ePlan for review and comments from the Planning Department, Office of the City Attomey, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal forrn, Hearing Boards staff will extract the approved covenant directly from ePlan to indude as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall Incur a $1,000.00 fee, per instance, as per the Code. Acknowledgment by Applicant Updated 08.19.2020 Page 1 of 4 Q�< notarization, this , 20 by or agent, title of officer or agent), of S. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. Est Applicant(s) Name Printed Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMII-DADE The foregoing instrument was acknowledged before me by means of 1/physical presence or 0 online notarization, this M.4-4-1+-4- 9 , 201-0 by . Ga • 144-�kav (name of person acknowledging), who is personally known to me or who has produced as identification. [Notary Seal] - RITA SILVA FAY COMMISSION *GO 383153 WIRES: December4, 2023 ?•, ' Bonded lluu Nomry Palk Undeiwdtem Notary Publi• 12-a S ! Va._ Name typed, printed or stamped My Commission Expires: ake...-4- .P. 3 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online (name of officer (name of corporation acknowledging), a State of Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal] Acknowledgment by Applicant Updated 06.13.2020 Page 2 014 Notary Public Name typed, printed or stamped My Commission Expires: PUBL/c G O a Note: Annual Registration Expires on 12/31/2020 CITY OF MIAMI LOBBYIST REGISTRATION FORM NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCede. The applicable decision -making body will renew the information at the public hearing to render a r commendation or a final deciaon. .q► PZ-20-6099 12/07/20 RF Instructions: Please complete all sections of this form and submit the completed form, with the app fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. I�� EWCO Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Bacheikov, Ian. G. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YF,S Business Phone: 305-982-5669 NO (you must check YES or NO) Email: Ian.Bachiekov@akerman.com Business Address (include Zip Code): 98 SE 7th Street, Suite 1100, Miami, FL 33131 (2) Principal Represented: Bottled Blonde Miami, LLC Arm �Zl Q I ,rg"� ) d 1� (Name of corporation, partnership, trust, etc., you a c representing) (3) Business Address (include Zip Code): 5830 E. Caballo Drive, Paradise Valley, AZ 85018 IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". Les Corieri, 5830 E. Caballo Drive, Paradise Valley, AZ 85018 (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Alcoholic beverage related land use and zoning matters related to 239 NW 28 Street, Building 2, Space E, Miami, Florida 33125 Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: elerks@miamigov.com miamigov.com CM-LRF (Rev. 01/2020) G 0 PUB&/c Personally Known: (5) Lobbyists shall be required to state the existence of any direct or indirect business associati financial relationship with the Mayor, any member of the City Commission, any member of City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. sheet if needed. If this section is not applicable you must type or print "None" or "N/A". N/A NOTICE This submittal needs to be scheduled fora public hearing accordancein with timelines set forth in the City of MiamCede. The applicable decision -making body will renew the information at the public hearing to render a r commendation or a final deciaon. PZ-20-6099 12/07/20 RE IEW COV Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any, one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to Lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics, & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as amended, STATE OF Florida COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me by means of of+..wr! gnature of Notary Public OR Produced Identification: Type of Identification Produced: Sigiiatrre of Lobbyist physical presence or online notarization, this Z c- -ZO , by a e-, . ,_ IA„e,A 'u (Year) (Name of person making statement) I't Name of Notary Typed, Printed or Stamped +• MY COMMISSION # GG 383153 EXPIRES: December 4, 2023 e `• Bonded 11 u Notary Pubic lh>dewiturs day J - i ivy.' FOR OFFICE USE ONLY: Check# Receipt CM-LRF (Rev. 01/2020) Page 2 of 2 EXCEPTION APPLICATION AFFIDAVIT OF AUTHORITY TOACT This submittal needs to be scheduled for a public hearing in accordance with timelires set forth in the City of Miami Code. The applica de decision-rna king body will renew the Intomaton at the public hearing to render a recommendation or a final decis on. PZ-20-6099 12/07/20 Before me this day, the undersigned personally appeared Ian G. Baoheikov, Esq. , who being by me first .deposes and says: 1 That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property Iodated in the City of Miami, as listed on the foregdng pages. 2_ That all owners who he/she represents, if any, have given his/her full and complete permission for hmvher to act in hisfher behalf for the change or modlfication of a dassiticaticn or regulation of zoning as set out in the faregding petition. NI induding or O not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of This affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the faCts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Anent sayeth not. Ian G. Bacheikov, Esq. Applicant(s) Name Applicant(s) Signature 2:33.LL, STATE OF FLORIDA — COUNTY OF MIAMI-DADE The foregoing was. acknowledged before me this 12th day of October 20 20 , by Ian G. Bacheikov. Esa, who is a(n) individkuallpapartnerlagenticorporation of Thor WmwaodWalk Owner. LLC a(n) indi►ridual/partnership/corporation_ He/She is personalty knovm tome or whg as produced as identification and Who did (did not) take a $ a 11 (Stamp) Signatu ]Rcv. 03-2012 5 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: IAN Middle Name: G. Last Name: BACHEIKOV Home Address: Home Address Line 1: THREE BRICKELL CITY CENTRE Home Address Line 2: 98 SE 7 ST, STE 1100 city: MIAMI State: Florida Zip: FL 33131 Contact Information: Home Phone Number: 305-982-5669 Cell Phone Number. Fax Number: Email: BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: BOTTLED BLONDE MIAMI, LLC Address Line 2: 5830 E CABALLO LN, PARADISE VALLEY, AZ 85253 Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. EXCEPTION FOR AN ALCOHOL SERVICE ESTABLISHMENT EXCEEDING 5,000 SQIFT. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name IAN G. BACHEIKOV Signature Swom to and subscribed before me this [ q 111- day of Ler , 2411-?-Q The foregoing instrument was acknowledged before me by who has produced did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: as identification and/or is personally known to me and who � Iva ORITASILVA • MY COMMISSIONS OR 383153 EXPIRES: December 4,2 3 Bonded Mu Mari PublcUndenAe t$ i3 My Gomm► 664 o0 i res: Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, tormal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) THOR WYNWOOD WALK OWNER LLC Percentage of Ownership 100% Subject Property Address(es) 239 NW 28TH ST, BUILDING 2, SPACE E (A/K/A 2838 NW 2ND AVE), MIAM1, FL List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): See attached list. Legal Description(s): See attached exhibit. IAN G. BACHEIKOV Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA — COUNTY OF MIAMI-DADE 41 The foregoing was acknowledged before me this t, — day of -Pex..A- cr 20 , by 11 who is a(n) individual/partner/agent/corporation of 114,,E t< oucca i0,1k D /GLa(n) individual/partnership/corporation. He/She is tif personally known to me or 0 who has produced as identification and who CI did biti did not take an oath. - . - - Or +•w.l,d RIUA SILVA 4 y COMMISSION # 0G 363153 r • _.KF-ZES: 0eccaSr 4, 2023 :06 i- puns, LirATK Rev. 10-18 239 NW 28 ST, Building 2, Suite E a/k/a 2838 NW 2 Ave, Miami, FL Folio: 01-3125-024-3040 Property Owned by: Thor Wynwood Walk Owner, LLC 25 W 39th Street New York, NY 10018 Thor Wynwood Walk Owner, LLC Owned by: Thor Wynwood Walk JV, LLC 25 W 39th Street New York, NY 10018 Thor Wynwood Walk JV, LLC Owned by: Thor PSP REIT, LLC 25 W 39th Street New York, NY 10018 Thor 2800 NW 2"d Ave LLC 25 W 39th Street New York, NY 10018 Thor MM 2800 NW 2 Ave LLC 25 W 39th Street New York, NY 10018 Thor PSP REIT, LLC Owned by: Public Sector Pension Investment Board 1250 Rene -Levesque Blvd W #1400 Montreal, Quebec H3B 5E9, Canada Thor 2800 NW 2"d Ave LLC Owned by: DBST, LLC 25 W 39d' Street New York, NY 10018 Thor MM 2800 NW 2 Ave LLC Owned by: DBST, LLC 25 W 39d' Street New York, NY 10018 100% 100% 90% 5% 5% 100% 100% 76.04% Steve Teichman 3 Vanessa Drive Suffern, NY 10901 DBST, LLC Owned by: Jack Joseph Sitt 25 W 39th Street New York, NY 10018 David Joseph Sitt 25 W 39th Street New York, NY 10018 Joshua Joseph Sitt 25 W 39th Street New York, NY 10018 Daniel Joseph Sitt 25 W 39th Street New York, NY 10018 Joseph David Sitt 25 W 39th Street New York, NY 10018 Public Sector Pension Investment Board: c/o Pierre-Edouard Lemelin, CFA 1250 Rene -Levesque Blvd W #1400 Montreal, Quebec H3B 5E9, Canada 23.96% 20% 20% 20% 20% 20% State of Florida Department of State I certify from the records of this office that BOTTLED BLONDE MIAMI, LLC is an Arizona limited liability company authorized to transact business in the State of Florida, qualified on February 7, 2020. The document number of this limited liability company is M20000001555. I further certify that said limited liability company has paid all fees due this office through December 31, 2020 and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighth day of December, 2020 Secretary of State Tracking Number: 1291401857CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication WRITTEN CONSENT OF LES CORIERI NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Mlami Code. The applicable decislon-making bodywill renew the Information at the public hearing to render a recommendation or a final decidon. The undersigned, being the sole Managing Member of Bottled Blonde Miami, LLC, a PM' limited liability company (the "Company"), does hereby consent and agree to the adoption of, and does hereby adopt, the following resolutions of the Company in lieu of holding a meeting in accordance with the governing documents of the Company, and directs that these resolutions be filed in the records of the Company: PZ-20-6099 12/07/20 WHEREAS, in regard to the Company's leasehold property at 239 NW 28 Street, Building 2, Space E, Miami, Florida 33125, the undersigned Managing Member deems it advisable and in the best interests of the Company for the Company to submit an application to the City of Miami seeking approval of an Exception for Alcohol Beverage Service Establishment at the property (the "Application"); and WHEREAS, in connection with the preparation, filing and formal review and processing of the Application, including without limitation the execution and delivery of any and all documents and forms required for the Application, the undersigned Managing Manager deems it advisable and in the best interests of the Company for the Company to grant Ian G. Bacheikov, Melissa Fernandez-Stiers, and Alicia Bhambhani a power of attorney pursuant to that certain Power of Attorney attached hereto as Exhibit A (the "Power of Attorney"). NOW THEREFORE, BE IT RESOLVED, that the Application and the Power of Attorney are hereby authorized, approved, adopted, confirmed and ratified in all respects; FURTHER RESOLVED, that any member, manager, officer or other authorized representative of the Company (each being referred to herein as an "Authorized Person"), including without limitation Les Corieri acting as Bottled Blonde Miami, LLC's Managing Member, in each case acting alone, be and hereby is, authorized and empowered to execute and deliver on behalf of the Company any and all agreements, instruments, certificates or documents necessary to consummate or effectuate the Application and the Power of Attorney, in the name and on behalf of the Company; FURTHER RESOLVED, that each Authorized Person is hereby authorized, empowered and directed, in the name and on behalf of the Company to make or cause to be made, and to execute and deliver, all such agreements, documents, instruments and certifications, and to do or cause to be done all such acts and things, and to take all such steps, as he or she may at any time or times deem necessary or desirable in order to carry out the intent and purposes of the foregoing resolutions; and FURTHER RESOLVED, that the authorities and approvals hereby conferred shall be deemed retroactive, and any and all acts authorized and approved herein that were performed prior to the passage of this resolution be, and they hereby are, approved, ratified and confirmed in all respects. IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of the iq day of , 2020. B BOTTLED BLONDE MIAMI, LL, MANAGING MEMBER: LES CORIERI EXHIBIT A POWER OF ATTORNEY NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Mlami Code. The applicable decislon-making bodywill renew the Information at the public hearing to render a recommendation or a final decidon. PZ-20-6099 12/07/20 KNOW ALL MEN BY THESE PRESENTS, that Bottled Blonde Miami, LLC, a Florida limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint IAN G. BACHEIKOV, MELISSA FERNANDEZ-STIERS, and ALICIA BHAMBHANI its true and lawful attorneys in its stead to execute all documents and instruments required with respect to an application for an Exception for Alcohol Beverage Service Establishment under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the City of Miami, for the property located at 239 NW 28th Street, in Miami, Florida, giving and granting unto IAN G. BACHEIKOV, MELISSA FERNANDEZ-STIERS, and ALICIA BHAMBHANI, its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the aforementioned Exception application as fully, to all intents and purposes, as it might or could do if personally present (including, without limitation, preparing, executing and filing all documents and applications and attending all hearings and meetings), with full power of substitution and revocation, hereby ratifying and confirming all that said attorneys or their substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this %y4day of (ma, , 2020. Signed and delivered in the presence of: Witness Name Witness Sig dflt9;- W ness Name ess Signature At V2-11 VIQ,2 rY L STATE OF f —c- ) ) SS: Bottled Blonde Miami, LLC By: Nes Corieri Title: Managing Member NOTICE This submittal needs to be scheduled fora public hearing In accordance with timelines set forth in the City of Mlami Code. The applicable decislon-making bodywill renew the Information at the public hearing to render a recommendation or a final decidon. PZ-20-6099 12/07/20 COUNTY OFW \ccf ) The foregoing instrument was acknowledged before me this IA day of rek- x--;cz A 2020, by Le3 (c k who is personally known to me or who has produced a Dcw )Zrt Li c as identification. NOTARY PUBLIC Print Name: My commission expires: 10 10-Z I ZOZ ASHLIE MAST Notary Public - Arizona Maricopa County My Comm. Expires Oct 2, 2021 WRITTEN CONSENT OF THOR WYNWOOD WALK OWNER, LLC The undersigned, being the Sole Member and Manager of THOR WYNWOOD WALK OWNER, LLC, a limited liability company (the "Company"), does hereby consent and agree to the adoption of, and does hereby adopt, the following resolutions of the Company in lieu of holding a meeting in accordance with the governing documents of the Company, and directs that these resolutions be filed in the records of the Company: WHEREAS, in regard to. the Company's properties at 239 NW 28 Street, Miami, Florida 33127, in Miami, Florida, the undersigned Sole Member and Manager deems it advisable and in the best interests of the Company for the Company to join in and submit an application to the City of Miami seeking approval of an Exception for an alcohol beverage service establishment, generally prepared in accordance with the application forms published, by the City of Miami (collectively, the "Application"); and WHEREAS, in connection with the preparation, filing and formal review and processing of the Application, including without limitation the execution and delivery of any and all documents and forms required for the Application, the undersigned Sole Member and Manager deems it advisable and in the best interests of the Company for the Company to grant Ian G. Bacheikov a power of attorney pursuant to that certain Power of Attorney attached hereto as Exhibit A (the "Power of Attorne. "). NOW THEREFORE, BE IT RESOLVED, that the Application and the Power of Attorney are hereby authorized, approved, adopted, confirmed and ratified in all respects; FURTHER RESOLVED, that any member, manager, officer or other authorized representative of the Company (each being referred to herein as an "Authorized Person"), including without limitation Joseph Sitt, Morris Missry, or Melissa Gliatta, acting alone, be and herebyis, authorized and empowered to execute and deliver on behalf of the Company any and all agreements, instruments, certificates or documents necessary to consummate or effectuate the Application and the Power of Attorney, in the name and on behalf of the Company; FURTHER RESOLVED, that each Authorized Person is hereby authorized, empowered and directed, in the name and on behalf of the Company to make or cause to be made, and to execute and deliver, all such agreements, documents, instruments and certifications, and to do or cause to be done all such acts and things, and to take all such steps, as he or she may at any time or times deem necessary or desirable in order to carry out the intent and purposes of the foregoing resolutions; and FURTHER RESOLVED, that the authorities and approvals hereby conferred shall be deemed retroactive, and any and all acts authorized and approved herein that were performed prior to the passage of this resolution be, and they hereby are, approved, ratified and confirmed in all respects. [Signature on following page] IN WITNESS WHEREOF, the undersigned has executed this Written Consent as of the 13 day of October, 2020. COMPANY: Thor Wynwood Walk Owner, LLC, a Delaware limited liability company By: Name: Melissa Gliatta Title: Authorized Representative EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that THOR WYNWOOD WALK OWNER, LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint IAN G. BACHEIKOV its true and lawful attorney in its stead to execute all documents and instruments required with respect to application for an Exception for an alcohol beverage service establishment, in connection with the Bottled Blonde development, under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the properties located at 239 NW 28th Street, Build 2, Space E (a/k/a Suite 110; a/k/a 2838 NW 2nd Ave) in Miami, Florida, giving and granting unto IAN G. BACHEIKOV its said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the aforementioned Exception application as fully, to all intents and purposes, as it might or could do if personally present (including, without limitation, preparing, executing and filing all documents and applications and attending all hearings and meetings), with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, Iohave hereunto set my/our hand(s) and seal(s) this day of October, 2020. Signed and delivered in the presence of: Cof A49-4Dozz- Witness: Witness: twae,t, C (a vas STATE OF kieuJ 4- S.�. COUNTY OF 6gfe ) SS: THOR WYNWOOD WALK OWNER, LLC By: Name: Meli. sa Gliatta Title: Authorized Representative The foregoing instrument was acknowledged before me this / 3 day of ©G ber2._ by MR /t. S s/9- who. is [ ] personally known to me or who has [ ] produced a L i c err se as identification. 43333231;1 NOTARY PUBLIC Print Name: Gelled l Al thetoO? v4— My commis on ex�„ f[OL NAROOZZA iota u . {ic, State of New Jersey I.D. #2217422 Qualified in Bergen County My Commission Expires Oct. 3, 2023 UNANIMOUS WRITTEN CONSENT OF THE ACTIONS OF THOR WYNWOOD WALK OWNER LLC The undersigned, constituting the sole and managing member of Thor Wynwood Walk Owner LLC, a Delaware limited liability company (the "Company"), hereby consents to the adoption of the following resolution and agrees that said resolutions shall have the same effect as if duly adopted at a special meeting held for that purpose: Authorized Representative RESOLVED, that Melissa Gliatta is hereby elected as an authorized representative (an "Authorized Representative") of the Company until such time as his or her resignation or removal, and such Authorized Representative is authorized to (a) execute and deliver on behalf of the Company any necessary building permits, development approvals, sewer agreements, declarations, applications, agreements, instruments, certificates, instruments or documents required in connection with the construction and development of the properties commonly known as and located 239 NW 28th Street, 329 NW 28th Street, 2800 NW 2nd Avenue, 2812 NW 2nd Avenue, 2818 2nd Avenue, 230 NW 29th Street, 2838 NW 2nd Avenue, Miami Beach, Florida and (b) do or perform any and all further acts as may be reasonably necessary or appropriate to carry out the intent and accomplish the purposes of the foregoing, and the taking of any such further action and the execution of any such further agreements, instruments, certificates and documents shall be conclusive evidence of the authority therefor. RESOLVED, that any action that may have been taken by or on behalf of and in the name of the Company in connection with the foregoing consent be and hereby is ratified, confirmed and approved as the duly authorized act of the Company. Dated: December 28, 2017 Thor Wynwood Walk JV LLC, a Delaware limited liability company By: Thor MM 2800 NW 2nd Ave LLC, a Delaware limited liability company, its Managing Member By: Morris Missry, Vice President 000263-195/00110794-1 rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com diana@rdrmiami.com 305.498.1614 December 9, 2020 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: List of property owners within 500 feet of: 239 NW 28 Street, Bldg 2, Space E, Miami, FL 33127, A/K/A 2838 NW 2 Avenue, Miami, FL 33127 Folio: 01-3125-024-3040 Total number of labels: 112 I certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Signature Diana B. Rio I RDR Miami I Rio Development Resources Name or Company Name 305.498.1614 Telephone diana@rdrmiami.com E-mail d rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com diana@rdrmiami.com 305.498.1614 NW 29TH Sy �NW_2771-1 500' RADIUS MAP ki NW30THST N111,29TH ST NW 27TH TER' NW3OTH ST NW 29TH ST NW : 28TH: ST NW,27TH ST` 239 NW 28 Street, Bldq 2, Space E, Miami, FL 33127, A/K/A 2838 NW 2 Avenue, Miami, FL 33127 Folio: 01-3125-024-3040 OWNER'S NAME(S) 126 NW 29 ST LLC 274 WYNWOOD OWNER LLC 243 KENT REALTY LLC 2775 MANDARINE LLC 2801 NW 2ND AVE LLC 285 NW 26 ST LLC C/O GOLDMAN PROPERTIES 295 WYNWOOD LLC 295 WYNWOOD LLC 29TH ST LAND HOLDING LLC 311 NW 28TH ST LLC 312 NW 29TH ST LLC 317 NW 28TH ST LLC AG 11 LLC ANA MARIA VILA ASG WYNWOOD LLC C/O CENTURY 21 DEPT STORES ASG WYNWOOD LLC C/O CENTURY 21 DEPT STORES ASG WYNWOOD LLC C/O CENTURY 21 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TRUST NUMBER WQA 2020 W BLOCK A TRUSTEE LLC TRS TRUST NUMBER WQA 2020 W BLOCK A TRUSTEE LLC TRS TRUST NUMBER WQA 2020 W BLOCK A TRUSTEE LLC TRS TRUST NUMBER WQA 2020 W BLOCK A TRUSTEE LLC TRS TRUST NUMBER WQA 2020 WECK 29TH LLC C/O PRH INVESTMENTS LLC WECK 29TH LLC C/O PRH INVESTMENTS LLC WECK 29TH LLC C/O PRH INVESTMENTS LLC WECK 29TH LLC C/O PRH INVESTMENTS LLC WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREWS WESTDALE WYNWOOD LP C/O KE ANDREW WILLIAM J CANARY &W LINDA WYNWOOD 27 OWNER LLC WYNWOOD 28 OWNER LLC WYNWOOD 28 OWNER LLC WYNWOOD 28 OWNER LLC WYNWOOD DS LLC C/O GOLDMAN PROPERTIES WYNWOOD GATEWAY II LLC WYNWOOD GATEWAY LLC WYNWOOD GATEWAY LLC WYNWOOD GATEWAY LLC WYNWOOD GATEWAY LLC 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PL PB 3-57 LOT 11 LOT SIZE 5500 SQUARE FEET OR 19686-2406 0501 3 DONMOORE VILLA AMD PL PB 6-7 LOTS 9 THRU 15 BLK 2 LESS WSFT OF LOTS 12 & 13 FOR R/W 25 53 41 ST JAMES PK PB 3-65 LOT 17 BLK 3 LOT SIZE 50.000 X 138 COC 25946-1144 07 2007 5 NORTHERN BLVD TR PB 2-29 LOT 20 BLK 17 LOT SIZE 7250 SQUARE FEET COC 25946-1148 07 2 25 53 41 ST JAMES PK PB 3-65 LOT 7 THRU 16 BLK 2 LOT SIZE IRREGULAR 25 53 41 ST JAMES PK PB 3-65 LOT 5 BLK 3 LOT SIZE 50.000 X 138 OR 17353-3343 0996 4 25 53 41 NORTHERN BLVD TR PB 2-29 LOTS 4 THRU 7 & LOTS 18 THRU 21 INC BLK 11 LOT SIZE 25 53 41 MARION PL PB 3-57 LOT 17 LOT SIZE 5500 SQUARE FEET OR 10642-830 0180 4 25 53 41 MARION PL PB 3-57 LOT 18 LOT SIZE 5500 SQUARE FEET OR 10642-828 0180 4 MARION PL PB 3-57 LOT 19 LOT SIZE 5500 SQUARE FEET OR 10642-828 0180 4 MARION PL PB 3-57 LOT 20 LOT SIZE 5500 SQ FT OR 15949-2524 0693 1 COC 21746-3968 10 2003 MARION PL PB 3-57 LOTS 21-22 & 23 LOT SIZE 16500 SQ FT OR 19638-2119 0401 2(2) COC 22642- MARION PL PB 3-57 LOTS 24 & 25 & 26 LESS ESFT LOT SIZE 15950 SQUARE FEET OR 19638-211 c MARION PL PB 3-57 LOT 3 LESS N35FT 73R21393 LOT SIZE 3750 SQ FT OR 17076-1903 0196 3 MARION PL PB 3-57 LOT 4 LOT SIZE 5500 SQUARE FEET OR 17028-4814 1295 5 MARION PL PB 3-57 LOT 5 LOT SIZE 5500 SQUARE FEET OR 17028-4814 1295 5 MARION PL PB 3-57 LOT 6 LOT SIZE 5500 SQUARE FEET OR 17028-4814 1295 5 25 53 41 MARION PL PB 3-57 LOT 1 & 2 LESS ESFT LOT SIZE 110.000 X 95 OR 19884-2000 0801 5 NORTHERN BLVD TR PB 2-29 LOT 1 LESS E10FT THEREOF & ALL LOTS 2 THRU 4 & LOTS 18 THE 25 53 41 ST JAMES PK PB 3-65 LOT 8 BLK 3 LOT SIZE 50.000 X 138 OR 17277-4360 0796 4 COC 22 25 53 41 ST JAMES PK PB 3-65 LOT 17 BLK 6 LOT SIZE 50.000 X 138 OR 12649-1753 0985 2 COC 2 25 53 41 ST JAMES PK PB 3-65 LOT 18 BLK 6 LOT SIZE 50.000 X 138 OR 12649-1753 0985 2 COC 2 25 53 41 ST JAMES PK PB 3-65 LOT 19 BLK 6 LOT SIZE 50.000 X 138 COC 25047-0585 10 2006 1 25 53 41 ST JAMES PK PB 3-65 LOT 20 BLK 6 LOT SIZE 50.000 X 138 25 53 41 ST JAMES PK PB 3-65 LOT 21 BLK 6 LOT SIZE 50.000 X 138 OR 21281-2469 05 2003 6 CO ST JAMES PARK PB 3-65 LOT 22 BLK 6 LOT SIZE 50 X 138 OR 17524-3692 0297 4 25 53 41 NORTHERN BLVD TR PB 2-29 LOT 13 LESS S10FT & LOT 14 LESS S10FT BLK 18 LOT SIZ LOTS 5 THRU 10 LESS W4.45FT OF S71.55FT OF LOT 9 & LESS S71.55F OF LOT 10 & ALL LOTS 1 NORTHERN BLVD TR PB 2-29 LOTS 11 & 12 BLK 18 LOT SIZE IRREGULAR OR18950-0762/19027-4 NORTHERN BLVD TR PB 2-29 W4.45FT OF S71.55FT OF LOT 9 & S71.55FT OF LOT 10 & ALL LOT ' 25 53 41 WYNDWOOD PARK PB 5-23 LOT 17 BLK 17 LOT SIZE 50.000 X 143 OR 20462-3798 04 200 NORTHERN BLVD TR PB 2-29 LOT 4 BLK 19 LOT SIZE 50.000 X 144 73R-17089 NORTHERN BLVD TR PB 2-29 LOT 5 BLK 19 LOT SIZE 50.000 X 144 OR 9507 1187 NORTHERN BLVD TR PB 2-29 LOT 6 LESS ESFT FOR ST BLK 19 LOT SIZE 49.500 X 144 OR 16906 WYNDWOOD PARK PB 5-23 LOT 11 BLK 17 LOT SIZE 50.000 X 143 OR 20483-1697 0602 6 COC 23' WYNDWOOD PARK PB 5-23 LOT 12 BLK 17 LOT SIZE 50.000 X 143 OR 20758-3376 09 2002 6 COC WYNDWOOD PARK PB 5-23 LOT 13 BLK 17 LOT SIZE 50.000 X 143 OR 20674-4417 09 2002 1 COC WYNDWOOD PARK PB 5-23 LOT 14 BLK 17 LOT SIZE 50.000 X 143 73R-289131 WYNDWOOD PARK PB 5-23 LOT 15 BLK 17 LOT SIZE 50.000 X 143 OR 17269-0422 0696 1 WYNDWOOD PARK PB 5-23 LOT 16 BLK 17 LOT SIZE 50.000 X 143 OR 18835-4115 08 1999 4 WYNDWOOD PARK PB 5-23 LOT 18 BLK 17 LOT SIZE 50.00 X 143.00 OR 19902-2840 0801 3 COC 2 25 53 41 ST JAMES PK PB 3-65 LOTS 5 & 6 BLK 6 LOT SIZE 100.000 X 138 OR 13303-3309 0587 6 DONMOORE VILLA AMD PL PB 6-7 LOTS 5 & 6 BLK 2 LOT SIZE 100.000 X 105 OR 14279-2356 0989 DONMOORE VILLA AMD PL PB 6-7 LOT 20 BLK 3 LOT SIZE 50.000 X 113 OR 15229-2772 1091 4 CC DONMOORE VILLA AMD PL PB 6-7 LOT 21 BLK 3 LOT SIZE 50.000 X 113 74R 240299 DONMOORE VILLA AMD PL PB 6-7 LOT 4 BLK 3 LOT SIZE 50.000 X 113 OR 15595-2480 0792 1 CO( 25 53 41 HIGH RIDGE PB 9-56 LOTS 1-2-3 BLK 4 LOT SIZE 11250 SQ FT OR 13211-1940 0387 5 25 53 41 ST JAMES PK PB 3-65 LOT 9 BLK 6 OR 18510-2450 0399 1 COC 23448-2925 05 2005 1 25 53 41 ST JAMES PK PB 3-65 LOT 10 BLK 6 LOT SIZE 50.000 X 138 COC 24632-3380 06 2006 6 25 53 41 ST JAMES PK PB 3-65 LOT 11 & 12 BLK 6 LOT SIZE IRREGULAR COC 24632-3380 0606 6 25 53 41 ST JAMES PK PB 3-65 LOT 15 BLK 6 LOT SIZE 50.000 X 139 OR 24632-3380 0606 6 25 53 41 ST JAMES PK PB 3-65 LOT 16 BLK 6 LOT SIZE 50.000 X 138 COC 24632-3379 06 2006 6 HIGH RIDGE PB 9-56 E1/2 OF LOT 18 & ALL LOT 19 BLK 1 LOT SIZE 7500 SQUARE FEET OR 2016z NORTHERN BLVD TR PB 2-29 LOT 1 BLK 17 LOT SIZE 7000 SQ FT OR 13852-2296 1088 1 MARION PL PB 3-57 LOT 7 LOT SIZE 5500 SQUARE FEET OR 13779-2388 0788 5 MARION PL PB 3-57 LOT 8 LESS N35FT LOT SIZE 3750 SQUARE FEET OR 12218-1343 0784 5 ZU 20 LESS S9.90FT & ALL OF LOTS 21 THRU 24 LESS El OFT OF N45FT OF LOT 24 BLK 18 PEF R COVENANT IN LIEU UNITY OF TITLE OR 31285-4761 LOT SIZE 78049 SQ FT M/L OR 17147-28 33 0396 5 Wynwood/Edgewater NET Contact Name Contact Location Location The Honorable Ken Russell Distric 2 3500 Pan American Dr. Miami, FI 33133 The Honorable Keon Hardemon District 5 3500 Pan American Dr. Miami, FI 33133 Tonya Brown, NET Administrator Wynwood NET Office 101 NW 34 ST Miami, FL 33127 Jacqueline Eillis - Chief of Land Development City of Miami, Planning Department 444 SW 2 Ave 3rd floor Miami, FL 33130 Idania Valentin The Wynwood Historical Association 177 NW 32nd St. Miami, FL 33127 Danielle Lee Buena Vista Stakeholders Corp. 65 NW 49th Street Miami, FL 33127 Christine Rupp, Executive Director Dade Heritage Trust 190 SE 12th Terrace Miami, FL 33131 Manny Gonzalez, Executive Director Wynwood Business Improvement District 2751 N. Miami AVE, #3 Miami, FL 33127 Ernie Martin Spring Garden Civic Assosciation 1000 NW North River Dr., #114 Miami, FL 33136 Robin Porter -Alvarez, President Buena Vista East Historic Neighborhood Association P.O. Box 371067 Miami, FL 33137 Brett Bibeau Miami River Commission 1407 NW 7th Street, #2 Miami, FL 33125 Andres Althabe Biscayne Neighborhood Association P.O. Box 370461 Miami, FL 33137 Bruce Brown Miami River Marine Group 3033 NW North River Dr. Miami, FL 33142 Charles R. Brumsted Jr. Bay House Miami Condominium Association, Inc. 600 NE 27 Street Miami, FL 33137 Yoni Bornstein -President Wynwood Community Enhancement Association 561 NW 32nd St. Miami,FL 33127 02/06/2020 BP Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Ian Bacheikov 98 SE 7 ST Ste 1100 Miami FL 33131 City of Miami Property Search Notice 12/08/2020 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 12/08/2020. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3125-024-3040 Property Address: 2838 NW 2 AV Legal Description: NORTHERN BLVD TR PB 2-29 LOT 1 LESS E10FT THEREOF & ALL LOTS 2 THRU 4 & LOTS 18 THRU 20 LESS S9.90FT & ALL OF LOTS 21 THRU 24 LESS E10FT OF N45FT OF LOT 24 BLK 18 PER COVENANT IN LIEU UNITY OF TITLE OR 31285-4761 LOT SIZE 78049 SQ FT M/L OR 17147-2833 0396 5 Amount Payable On: 12/07/2020 to 01/07/2021 203.50 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami Ian Bacheikov 98 SE 7 ST Ste 1100 Miami FL 33131 12/08/2020 Folio Number: 01-3125-024-3040 Property Address: 2838 NW 2 AV Legal Description: NORTHERN BLVD TR PB 2-29 LOT 1 LESS E10FT THEREOF & ALL LOTS 2 THRU 4 & LOTS 18 THRU 20 LESS S9.90FT & ALL OF LOTS 21 THRU 24 LESS E10FT OF N45FT OF LOT 24 BLK 18 PER COVENANT IN LIEU UNITY OF TITLE OR 31285-4761 LOT SIZE 78049 SQ FT M/L OR 17147-2833 0396 5 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Ian Bacheikov 98 SE 7 ST Ste 1100 Miami FL 33131 12/08/2020 Folio Number: 01-3125-024-3040 Property Address: 2838 NW 2 AV Legal Description: NORTHERN BLVD TR PB 2-29 LOT 1 LESS E10FT THEREOF & ALL LOTS 2 THRU 4 & LOTS 18 THRU 20 LESS S9.90FT & ALL OF LOTS 21 THRU 24 LESS E10FT OF N45FT OF LOT 24 BLK 18 PER COVENANT IN LIEU UNITY OF TITLE OR 31285-4761 LOT SIZE 78049 SQ FT M/L OR 17147-2833 0396 5 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due 4015678 155919 Hydraulic Passenger Elevator 203.50 Sub -Total 203.50 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Folio Number: 01-3125-024-3040 NO OPEN VIOLATIONS FOUND. Page 5 of 5 Tag of MUTT BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 734026 Transaction Date: Dec 14 2020 5:19PM Permit Number: FEE SUMMARY Ian G. Bacheikov: PZ-20-6099 Exception - 28: NW2 Av (239 NW 28 ST) + Commission (305)982-5669 Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - APPLICATION/APPEAL MS-208 EXCEPTION - REQUIRING CITY COMMISSION 1.0000 UNITS $2,500.00 HEARING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - ADVERTISING 2.0000 UNITS $3,000.00 HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS 224.0000 NGH X HRGS $1,008.00 HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - LU POLICY 1.5.4 30.0000 NGH X HRGS $135.00 HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT 2.0000 HEARINGS $9.00 Total: $6,652.00 Rev. Jul/02/2012 Generated on Dec/14/2020 5:28 PM 12/14/2020 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT_=Yf5cjCSa%2f80LLSP8%2b1xTdK5QuBtzDBbInl4... Department of Finance Online Payments Receipt Your Reference Number: 2020349003-337 12/14/2020 5:54:07 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2020349003-337-1 $6,652.00 TRANS ID: 734026 BUSINESS NAME: COM Fee Payment $2,500.00 FEE NAME: EXCEPTION - REQUIRING CITY COMMISSION Fee Payment $3,000.00 FEE NAME: PUBLIC HEARING - ADVERTISING Fee Payment $1,008.00 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHB ORS Fee Payment $9.00 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - APPLIC ANT/APPEALLANT Fee Payment $135.00 FEE NAME: PUBLIC HEARING - LU POLICY 1.5.4 TOTAL AMOUNT: $6,652.00 PAYMENT Visa Credit Sale CARD NUMBER: ************1866 FIRST NAME: AShle LAST NAME: Mast i i u i ui CE2020349003-337 i $6,652.00 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBM IT=Yf5cjCSa%2f80LLSP8%2b1xTdK5QuBtzDBbInI4PthX23vY°kid 1/1