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HomeMy WebLinkAboutCRA-R-23-0012 Exhibit AOMNI CRA'S SUPPLEMENTAL AGREEMENT TO THE LICENSE AGREEMENT BETWEEN ADRIENNE ARSHT CENTER TRUST. INC AND ORANGE BARREL MEDIA. LLC The OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body politic created pursuant to Section 163.356, Florida Statutes ("OMNI CRA") is accessing Adrienne Arsht Center Trust, Inc. a Florida not for profit corporation ("Arsht Center") License Agreement pursuant to the Invitation to Bid for the On Premise Digital Media Program (December 3, 2020) with Orange Barrel Media, LLC ("OBM"), a Delaware limited liability company authorized to conduct business in Florida, attached hereto and incorporated by reference herein (the "Agreement"). This Supplemental Agreement to the Agreement between Arsht Center and OBM includes applicable Omni CRA and City of Miami legal requirements ("Supplement"). The term of the Agreement and this Supplement is from May 1, 2023, to December 31, 2043, with one (1) additional ten (10) year automatic renewal period, extending the Agreement to December 31, 2053. The Agreement is attached hereto as Exhibit "A" and made a part hereof. The effective date of access by the Omni CRA shall be as of May 1, 2023, provided that in no event shall the Rent applicable to the Supplement commence until the first Sign is installed and capable of hosting advertisements. 1. All references to the "Adrienne Arsht Center Trust, Inc. or Licensor" shall be deleted and replaced with the "Omni Community Redevelopment Agency " or the "Omni CRA" as applicable. 2. All references to "Orange Barrel Media, LLC," "Orange Barrel Media," or "Licensee" shall be the same as references to "Orange Barrel Media, LLC," or "OBM," as applicable. 3. The parties hereto acknowledge and agree that the "Management Agreement" defined in the Agreement is not applicable to this Supplement. 4. The parties further acknowledge and agree that all references to the "Signs" shall be deemed to refer to two (2) 672 sf digital LED screens (having a total square footage of 750 sf each when including embellishments), which Signs shall be installed on the rooftop of the Miami Entertainment Complex located at 50 NW 14th Street, Miami, Florida. 5. The parties further acknowledge and agree that Pelli Clarke Pelli Architects is not involved in the design of the Signs. 6. Section 2. of the Aareement titled "License Term." is hereby deleted in its entirety and replaced with added Section 42. titled "Termination" and consistina of the followina lanauaae: A. Termination for Cause. The Omni CRA, by and acting through its Executive Director, shall have the right to terminate this Supplement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. In such event, the Omni CRA shall not be obligated to pay any amounts to OBM for Services rendered by OBM after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the Omni CRA be liable to OBM for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the Omni CRA be liable for any direct, indirect, special, consequential, or incidental damages. 7. Section 4.5 of the Agreement titled "Licensor Sign" is hereby deleted in its entirety and replaced with "Intentionally omitted." 8. The following language is hereby added as Section 36 of the Agreement and titled "Contract Documents": In case of any contradictions and/or discrepancies between the parts of the Agreement and this Supplement, precedence shall be given in the following decreasing order: a. This Supplement and its Exhibits; b. The Sections of the Agreement and any Amendments thereto without their exhibits; c. The Exhibits thereto the Agreement; and d. The Invitation to Bid for the On Premise Digital Media Program (December 3, 2020). 9. Section 9. of the Aareement titled "Insurance." is hereby deleted in its entirety and replaced with the following language: The Licensee shall obtain and keep in full force and effect, at its sole cost and expense insurance. The following are the minimum required insurance limits and may not be construed or otherwise interpreted to limit or restrict OBM's indemnification obligations pursuant to this Supplement: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required Omni CRA and City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability $1,000,000.00 $2,000,000.00 $1,000,000.00 $1,000,000.00 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Schedu led Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000.00 B. Endorsements Required Omni CRA and City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident $100,000.00 for bodily injury caused by disease, each employee $500,000.00 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Retro Date Included $1,000,000.00 $1,000,000.00 V. Network Security and Privacy Injury (Cyber Liability) Coverage* *Proof of Cyber Liability Policy due to the Omni CRA and the City of Miami by July 1, 2023. All other policies must be in effect prior to this Supplemental Agreement taking effect. Each Claim Policy Aggregate $1,000,000.00 $1,000,000.00 Retro Date Included OBM agrees to maintain Professional Liability/Errors & Omissions Coverage, along with Network Security and Privacy Injury ("Cyber Liability") Coverage, if applicable, for a minimum of one (1) year after termination of the Supplement period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the Omni CRA and the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by City's Risk Management Departmentprior to insurance approval. 10. Section 10. of the Aareement titled "Indemnification." is hereby deleted in its entirety and replaced with the following language: Section 10. Indemnification. Subject to Section 11 of the Agreement, OBM shall indemnify, save and hold harmless, and defend (at its own cost and expense), the Omni CRA, the City, its officers, agents, directors, and/or employees and instrumentalities, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission (where there is a duty to act), or intentional wrongful misconduct of OBM and persons employed or utilized by OBM in the performance of this Supplement. OBM shall further indemnify, save and hold harmless, and defend (at its own cost and expense), the Omni CRA, the City, its officers, agents, directors, and/or employees and instrumentalities against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the Omni CRA, the City, its officers, agents, directors, and/or employees and instrumentalities were negligent. In the event that any action or proceeding is brought against the Omni CRA or the City by reason of any such claim or demand, OBM shall, upon written notice from the Omni CRA or the City, resist and defend such action or proceeding by counsel satisfactory to the Omni CRA and the City. OBM expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by OBM shall in no way limit the responsibility to indemnify, save a hold harmless, and defend (at its own cost and expense) the Omni CRA, the City, its officers, agents, director, and/ or employees and instrumentalities as herein provided. The indemnification provided above shall obligate OBM to defend (at its own cost and expense), to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the Omni CRA's or the City's option, for any and all claims of liability and all suits and actions of every name and description which may be brought against the Omni CRA or the City, whether performed by OBM, or persons employed or utilized by OBM. These duties will survive the cancellation or expiration of the Supplement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. OBM shall require all subcontractor agreements include a provision that each subcontractor shall indemnify the Omni CRA and the City in substantially the same language as this Section. OBM agrees and recognizes that the Omni CRA and the City shall not be held liable or responsible for any claims which may result from any actions or omissions of OBM in which the Omni CRA or the City participated either through review or concurrence of OBM's actions. In reviewing, approving, or rejecting any submissions by OBM or other acts of OBM, the Omni CRA nor the City, in no way, assumes or shares any responsibility or liability of OBM or subcontractors under this Supplement. 11. Section 15. of the Agreement titled "Assignment. Subletting and Licensee Financina." is hereby deleted in its entirety and realaced with the followina lanauaae: OBM's Services are considered specialized and unique. This Supplement shall not be assigned, sold, transferred, pledged, or otherwise conveyed by OBM, in whole or in part, and OBM shall not assign this Supplement or otherwise subcontract the control of its media sales activities to an unaffiliated third -party operator, without the prior written consent of the Executive Director, which may be withheld or conditioned, in the Executive Director's sole discretion. Notwithstanding the foregoing provisions of this Section, in the event that substantially all operations of Tenant are being transferred to (a) another entity by way of merger, consolidation or sale of substantially all of the stock therein or assets thereof, or (b) any person or entity which, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Tenant, , the consent of Landlord shall not be required, provided the acquiring entity, if applicable, shall agree to assume and perform all of the duties, and obligations of Tenant hereunder, including, without limitation, the obligations to pay the Rent and other charges provided for under this Lease. 12. Section 17. of the Agreement titled "Binding Effect." is hereby amended to include the following language: All obligations (including, but not limited to, indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Supplement that require continued performance, compliance, or effect beyond the expiration or earlier termination of this Supplement shall survive such expiration or earlier termination. 13. Section 20. of the Aareement titled "No Modifications." is hereby deleted in its entirety and replaced with the following language: No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. The Executive Director shall have the sole authority to extend, amend, or modify this Supplement on behalf of the Omni CRA. 14. Section 22. of the Agreement titled "Notices." is hereby deleted in its entirety and replaced with the followina lanauaae: Any notice provided for herein shall be in writing and shall be deemed to have been given, delivered or served on such party when: (i) delivered personally to the party who is to receive such notice; (ii) mailed by U.S. registered or certified mail, return receipt requested, postage prepaid; or (iii) sent via local or nationally recognized overnight courier addressed as follows: TO OBM: Orange Barrel Media Attn: Real Estate and Accounting Departments 250 North Hartford Avenue Columbus, OH 43222 Underhill & Hodge LLC Attn: Lesley Armour, Esq. 8000 Walton Parkway Suite 260 New Albany, OH 43054 TO THE OMNI CRA: H. Bert Gonzalez Exec. Director 1401 N. Miami Avenue, 2nd Floor Miami, Florida 33136 Victoria Mendez City of Miami City Attorney 444 S.W. 2nd Avenue, Miami, FL 33130-1910 Ann -Marie Sharpe City of Miami Director Department of Risk Management 444 S.W. 2nd Avenue, 9th Floor Miami, FL 33130-1910 ASharpe@miamigov.com Annie Perez, CPPO City of Miami Procurement Director 444 S.W. 2nd Avenue, 6th Floor Miami, FL 33130-1910 APerez@miamigov.com 15. Section 29. of the Aareement titled "Applicable Law." is hereby deleted in its entirety and replaced with the following language: This Supplement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably, knowingly and voluntarily waive any rights to a jury trial in any action or proceeding between them arising out of this Supplement. 16. Section 30. of the Agreement titled "Counterparts." is hereby deleted in its entirety and replaced with the followina lanauaae: This Supplement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Supplement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Supplement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Supplement upon request. 17. Section 32. of the Aareement titled "Confidentiality." is hereby deleted in its entirety and replaced with the following language titled "Public Records": A. OBM understands that the public shall have access, at all reasonable times, to all documents and information pertaining to Omni CRA agreements, subject to the provisions of Chapter 119, Florida Statutes, as amended, and agrees to allow access by the Omni CRA and the public to all documents subject to disclosure under applicable laws. If OBM fails or refuses to comply with the provisions of this section and such failure or refusal continues uncured for more than 10 days following receipt of written notice thereof from Omni CRA, then Omni CRA shall have the right to elect to terminate this Supplement. Exercise by OBM of its right to dispute a disclosure shall not be deemed to be a failure or refusal to comply with the provisions of this section. OBM shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required by the Omni CRA to perform this Service; (2) upon request from the Omni CRA's custodian of public records, provide the Omni CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, as amended, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Supplement's term and following completion of the Supplement if OBM does not transfer the records to the Omni CRA; (4) upon completion of the Supplement, transfer, at no cost, to the Omni CRA all public records in possession of the OBM or keep and maintain public records required by the Omni CRA to perform the Service, if OBM transfers all public records to the Omni CRA upon completion of the Supplement, OBM shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if OBM keeps and maintains public records upon completion of the Supplement, OBM shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the Omni CRA, upon request from the Omni CRA's custodian of public records, in a format that is compatible with the information technology systems of the Omni CRA. Notwithstanding the foregoing, OBM shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Supplement. B. Should OBM determine to dispute any public access provision required by Florida Statutes, then OBM shall do so at its own expense and at no cost to the Omni CRA. Omni CRA shall provide OBM with notice of a public records request and ample opportunity for OBM to dispute such disclosure in accordance with the provisions of Florida law, at its own expense and at no cost to Omni CRA. IF OBM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO OBM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE SUPPLEMENT, CONTACT THE OMNI CRA AT (305) 679-6870, VIA EMAIL AT HuGonzalezAmiamigov.com, OR REGULAR MAIL AT OMNI CRA OFFICE OF THE EXECUTIVE DIRECTOR, 1401 NORTH MIAMI AVENUE, 2ND FLOOR, MIAMI, FL 33136. 18. Section 34. of the Agreement titled "Third Party Beneficiary," ," is hereby deleted in its entirety and replaced with the following language: No persons other than OBM and the Omni CRA (and their successors and assigns) shall have any rights whatsoever under this Supplement. 19. Section 35 of the Agreement titled "City Ownership of Property" is hereby deleted in its entirety and replaced with "Intentionally omitted." 20. Section 37. of the Agreement titled "Miscellaneous. Ethics and Conflicts" is hereby added with the followina lanauaae: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, OBM hereby certifies to the Omni CRA that no individual member of OBM, no employee, and no subconsultants under this Supplement nor any immediate family member of any of the same is also a member of any board, commission, or agency of Omni CRA or the City. OBM hereby represents and warrants to the Omni CRA that throughout the term of this Agreement, OBM, its employees, and its subconsultants will abide by this prohibition of the City Code. 21. Section 38. of the Agreement titled "Dispute Resolution Procedure." is hereby added with the followina lanauaae: OBM understands and agrees that all disputes between OBM and the Omni CRA based upon an alleged violation of the terms of this Supplement by the Omni CRA shall be submitted to the Executive Director for his/her resolution, prior to OBM being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the Executive Director's decision shall be approved or disapproved, as applicable, by the Omni CRA Board, whose decision shall be final. OBM shall not be entitled to seek judicial relief, recourse, remedy or to file a civil action unless: (i) it has first received the Executive Director's written decision, approved or disapproved, as applicable, by the Omni CRA Board if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), or (ii) a period of sixty (60) days has expired, after submitting to the Executive Director a detailed statement of the dispute, accompanied by all supporting documentation, one hundred twenty (120) days if the Executive Director's decision is subject to Omni CRA Board approval; or (iii) if the Omni CRA has waived compliance with the procedure set forth in this Section by a written instrument clearly waiving compliance, signed by the Executive Director. In no event may the amount of compensation under this Section exceed the total compensation herein this Supplement. The adherence to this Section is the condition precedent to the institution of any civil action by OBM against the Omni CRA. 22. The Exhibits A, B, and B-1 attached to the Agreement are hereby deleted in their entirety and replaced with Exhibits A, B, and B-1 attached hereto. (SIGNATURE PAGE FOLLOWS) IN WITNESS WHEREOF, the Parties have executed this Supplement, or have caused the same to be executed, as of the date and year first above written. "OBM" ORANGE BARREL MEDIA, LLC an Ohio limited liability company authorized to conduct business in Florida ATTEST: By: By: Name: Name: Title: Title: ATTEST: "OMNI CRA" Omni CRA, a Florida municipal corporation By: By: Todd B. Hannon Humberto "Bert" Gonzalez City Clerk Executive Director APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez Anne Marie Sharpe, Director City Attorney Risk Management COMPANY RESOLUTION WHEREAS, Orange Barrel Media, LLC an Ohio limited liability company, desires to enter into a License Agreement with the Omni Community Redevelopment Agency ("Omni CRA") for the purpose of performing the Services described in the Supplement to which this resolution is attached; and WHEREAS, the Members have considered the matter in accordance with the operating agreement of the company; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS that this company is authorized to enter into the Supplement with the Omni CRA, and (1st Name), the (1st Title), and (2nd Name), the (2nd Title), are hereby authorized and directed to execute the Supplement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this day of , 2023 . ("Orange Barrel Media") An Ohio limited liability company. By: (Signature of 1st Name above) Name & Title: (print) By: (Signature of 2nd Name above) Name & Title: (print) Exhibit "A" Property Legal Description 16 MIAMI ENTERTAINMENT CENTER, 50 NW 14th St. Miami. FL 33132 As Of: August 5 2022 LEGAL DESCRIPTION The legal description is below. A copy of the legal description and the most recent deeds of transfer are included in Addenda B. Legal Description (County Records): Alice Baldwin Et Al Sub Pb B-87 & Pb 6-43 All Blk 4 & Strip Bet Blk 4 Pb 6-43 & Fec R/w & Strip Bet Lots 1-8 & Lots 9-16 Less Beg 37.53f1w Of Se Cor Lot 9 W144.59ft N1y65.80ft Se157.32ft To Pob & Less N10ft Of Blk 1 For R/w & Less Beg 5ftn Of Se Cor Of Lot 8 Cont N 02 Deg W 143.68ft S 87 Deg W 315.97ft Sely Ad 83.62ft S 67 Deg E 145.21 ft N 87 Deg E 187.58ft To Pob & Beg 109.60fln Of Se Cor Of Lot 8 Th S 87 Deg W 18ft N 02 Deg W 18ft S 87 Deg W 272.83ft N 02 Deg W 16.68ft N 87 Deg E 290.82ft S 02 Deg E 34.68ft To Pob Lot Size 84804 Sq Ft M/1. Legal Description (Last Warranty Deed): All of Block 4 of the Subdivision of part of Government Lot 2, Section 36, Township 53 South, Range 41 East, as surveyed and Platted by George L. McDonald, C.E., for Alice Baldwin and others according to the Plat thereof recorded in Plat Book "A", at page 57, of the Public Records of Dade County, Florida, and that strip of land lying between said Block 4 of said Subdivision above described and the right-of-way atilt Florida East Coast Railway Company, and also that strip of land lying between Lots 1 to 8, inclusive, and Lots 9 to 16 inclusive of said Block 4, the said property being bounded on the East by N.W. Miami Court (formerly Jones Avenue) on the South by Northwest 13th Street (formerly Lemon Street), on the North by Northwest 14th Street (formerly Waddell Street) and on the West by the right-of-way of the Florida East Coast Railway Company, lying and being in Miami -Dade County, Florida. Less and except that part of Lot 9, Block 4, Baldwin and Oxar Subdivision, according to Plat recorded in Plat Book A, Page 57, of the Public Records of Miami -Dade County, Florida, and that strip of lying between said Block 4 of the above -described subdivision and the Right-of-way of the Florida East Coast Railway Company, being more particularly described as follows: Begin on the South Iine of Lot 9 at a point 37.53 feet, South 87° 46' 36" West from the Southeast corner thereof, thence South 87° 46' 36" West 94.97 feet along said South line to the Southwest corner of said Lot 9, thence South 86° 30' 26" West 49.62 feet to the Easterly right-of-way line of Florida East Coast Railway Company, thence Northerly 65.80 feet along said Easterly right- of-way line, thence South 67° 56' 40" east 157.32 feet to Point of Beginning. and Less those lands described in that Warranty Deed, recorded August 29, 1986 in Official Records Book 13004, page 284. The following legal description is for the lot that was owned by the F.D.T.O. It is the adjacent south parcel owned by the State of Florida DOT and it was quit claim deeded to OMNI for parking purpose on 04/22/2015. DEUTSCHE VALUATIONS RESIDENTIAL AND COMMERCIAL Real Estate Appraisers 17 MIAMI ENTERTAINMENT CENTER 50 NW 14th St. Miami FL 33132 As Of: August 5, 2022 A parcel of land within a Florida Department of Transportation Property acquired as Parcel 117 in F.P. No. 2516881, by O.R.B. 27644 at Page 4494 dated April 6. 2011; Tying In the SE % of Section 36, Township 53 South, Range 41 East and depicted in sheet 7 of F.D.O.T Right of Way Map for S.R. 836, Section 87200-000C. The F.D.O.T. Property consisting of a portion of Block 4, and its middle 10 foot alley, of Alice Baldwlr. Jenny M. Oxar and Canaries E. Oxar Subdivision Amended, according to the plat thereof. as recorded In Plat Book 8, at Page 87, together with a portion of NW 1' Avenue, closed and vacated by the County Commission on July r 1908 in Minute Book C at Page 374, said portion of street lying westerly of the west line of said Block 4 and easterly of the Florida East Coast Railway Right of Way; all of the Public Records of Miami Dade County, Florida; the parcel of land thereof. being more particularly described as follows: Commence at a point being 5.00 feet north of the SE corner of lot 8. as measured along the east line of said lot 8, in Block 4: thence run NO2.18'15"W along the east line of said Block 4 for a distance of 109.60 feet to the Point of Beginning of the hereinafter described parcel: thence run S87.43.29"W. along a line within lot 6 In said Block 4, for a distance of 18.00 feet to the point of intersection with a line tying 18.00 feet westerly of and parallel with the east line of said Block 4; thence run NO2.18'lS'W. along the last intersected parallel line, for a distance of 18.00 feet to the point of Intersection with a line lying 16.68 feet southerly of and parallel with the southerly face, and its extensions. of an existing building within said Block 4; thence run 587.43'29"W, along the last described parallel line, for a distance of 272.83 feet to the point of Intersection with a line lying 25.00 feet easterly of the westerly property line of said Parcel 117, as measured along the westerly extension of the southerly face of said Building; thence run perpendicular NO2.16'31"W, along the last intersected line, for a distance of 16.68 feet to the point of Intersection with the westerly extension of southerly face of said existing building within said Block 4; thence run perpendicular N87.43'29"E, along the last Intersected line and southerly face of said building, for a distance of 290.82 feet to the point of intersection with the east Inci of said Block 4; thence run S02.18'15•E, along the east line of said Block 4. for a distance of 34.68 feet to the Point of Beginning. Containing an area of 5,175 square feet, more or Tess. ASSESSORS PARCEL NUMBERS As per survey, the subject is recognized as Tax Assessor's parcel numbers: 01-3136-009-0420 HISTORY OF TITLE & OWNERSHIP Ownership of the subject is currently vested in the name of Omni Redevelopment District Community Redevelopment Agency with mailing address of 1401 N Miami Avenue, Miami, FL 33136. Omni Redevelopment District Community Redevelopment Agency acquired the subject from School Board Of Miami -Dade County, as Grantor, on February 15, 2011 for $3,100,101 or $34.95 per square foot. The transfer was recorded in O. R. Book 327588 at Page 1942 of the Miami - Dade County public records. A copy of the most recent deed is included in the addenda. The lot that was owned by the F.D.T.O. which is the adjacent south parcel, was quit claim deeded to OMNI for parking purpose on 04/22/2015 by the F.D.T.O. The transfer was recorded in O. R. Book 29595 at Page 3591 of the Miami -Dade County public records. A copy of the most recent deed is also included in the addend According to the public records there has been no recorded transfers of ownership in the last 3 years. DEUTSCHE VALUATIONS RESIDENTIAL AND COMMERCIAL Real Estate Appraisers PROPERTY OVERVIEW 50 NW 14th Street Miami, FL 33136 PROPERTY INFORMATION Folio: 01-3136-009-0420 Owner: Omni Redevelopmet District Community Redevelopment Agency Total Size: ±88,700 SF Size of Parcel: ± 1.95 Acres Zoning: D1; T3 0 2 I 1 CONCEPTUAL DESIGN — VIEW EASTBOUND Exhibit "B-1" Depiction of Premises and Signs rF: porrer 1117"1- . • !enz th.1ti film 1:: i" !'1.° El IrillMr I !grill �111!I 1.° AY .41 qt. askry ,iY rNns�.� r Wi.r. -17 _ CONCEPTUAL DESIGN (CONT.) VIEW WESTBOUND Exhibit "B-1" Depiction of Premises and Signs