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HomeMy WebLinkAboutCRA-R-23-0054 Exhibit AExhibit "A" This instrument was prepared by and after recording return to: Name: Ryan D. Bailin, Esq. Address: Greenberg Traurig, P.A. 333 S.E. 2nd Avenue Miami, Florida, 33131 (Space Reserved For Recorder's Use Only) EASEMENT AND OPERATING AGREEMENT THIS EASEMENT AND OPERATING AGREEMENT (this "Agreement") is made and entered into this day of , 2023, by and between (MIAMI-DADE COUNTY, a political subdivision of the State of Florida (the "County") whose address is 111 NW 1st Street Miami, Florida 33128 29th Floor Attention: County Mayor, and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("the "CRA") whose address is 819 NW 2nd Avenue Third Floor Miami, Florida 33136 Attention: Executive Director (The County and the CRA are collectively referred to as the "Declarant"). RECITALS: A. The County is the owner of that certain land more particularly described on Exhibit "A" lying and situated in Miami -Dade County, Florida (the "County Property"). B. The CRA is the owner of that certain land adjacent to the County Property more particularly described on Exhibit "B" lying and situated in Miami -Dade County, Florida (the "CRA Property"). C. The County Property and the CRA Property as more particularly described on Exhibit "C" attached hereto (collectively the "Property") is subject to that certain instrument entitled Declaration of Restrictive Covenant in Lieu of Unity of Title by and between the County and the CRA dated , 2023 and recorded on , 2023 in Official Records Book , at Page of the Public Records of Miami -Dade County, Florida (as amended, restated, supplemented, and replaced from time to time, the "Covenant"). D. Declarant intends to develop the Property with a multi -phased mixed -use project (herein, the "Project"), and may wish to convey portions of the Property to multiple owners and/or make various improvements now or hereafter constructed thereon from time to time. E. The Covenant provides, inter alia, that the Property will be considered as one plot and parcel of land for zoning purposes, and that no portion or parcel shall be sold, assigned, devised or transferred unless all conditions of the Covenant are strictly complied with. The Covenant further provides that Declarant will fully comply with all the provisions set forth in Section 1 7.7.1.5(f) of the of the City of Miami Code of Ordinances (the "Code"), together with the Covenant. F. The Code requires, inter alia, the execution and recordation of an Easement and Operating Agreement in connection with the conveyance of portions of the Property, the purpose of which is to ensure that, although the Property may have multiple owners, it will be maintained and operated as a single development site for zoning purposes. G. Declarant desires to enter into this Agreement consistent with the terms and conditions set forth in the Code and the Covenant. Accordingly, this Agreement is (and shall be deemed to be) the "Easement and Operating Agreement" required by the Code and the Covenant for all purposes thereof. NOW THEREFORE, in consideration of the premises, Declarant hereby declares as follows: 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. 2. Access Easement. Subject to the other terms and conditions of this Agreement, Declarant hereby reserves for itself, and grants to long-term ground lease tenants and/or owners of fee simple title to any portion of the Property (individually, an "Owner", and collectively, the "Owners"), a perpetual, non-exclusive easement over, upon and across (i) sidewalks for pedestrian access, and (ii) paseos, streets, roads, driveways and access roads now or hereafter constructed and located on the ground level of the Property, for pedestrian and vehicular ingress and egress necessary or legally required for the use of the various improvements comprising the Project owned by such Owner for their respective intended purposes, subject to such reasonable limitations as shall be imposed by Declarant and/or the Owner of the burdened portion of the Property (collectively, the "Access Easement"). The Access Easement shall be an easement appurtenant to the portions of the Property benefitted thereby and shall be deemed for the benefit of Declarant, the Owner of such benefitted portions of the Property, and each of their respective successors and/or assigns and Permitted Users (defined below). Notwithstanding the foregoing, portions of the Access Easement may be restricted for the exclusive or primary use by one or more Owner(s) and its or their Permitted Users (to the exclusion of the other Owners and their Permitted Users) so long as each Owner is provided with legal access to its respective portion of the Project. As used in this Agreement, "Permitted User" shall mean any person who occupies a portion of the Property with the permission of an Owner, including, without limitation, tenants, guests, licensees, employees, customers, business invitees and personal invitees, together with any property manager engaged for the management and operation of the Project and its employees, contractors, vendors, agents and other designees. 3. Utility Easement County Property. Subject to the other terms and conditions of this Agreement and approval of the Miami -Dade County Board of County Commissioners the `Board"), the County hereby reserves for itself, and grants to each Owner of a portion of the County Property, a perpetual, non-exclusive easement in, to, over and across unimproved portions of the County Property for the installation, operation, maintenance, repair, relocation, replacement and removal of utility lines and facilities necessary or legally required for the use of the various 2 improvements constructed from time to time on the County Property owned by such Owner for their respective intended purposes, subject to such reasonable limitations as shall be imposed by the County and/or the Owner of the burdened portion of the County Property (collectively, the "County Utility Easement"). Subject to the Board's approval, the County Utility Easement may include the right to grant easements to utility providers for the installation and maintenance of such utility lines and facilities and, to the extent such easements are located within another Owner's portion of the County Property, such other Owner shall join in the granting of such easements provided the same is without cost, expense or liability to such joining party and subject to the limitations set forth above. In the event the Board approves such County Utility Easement, such easement shall be an easement appurtenant to the portions of the County Property benefitted thereby and shall be deemed for the benefit of the County, the Owner of such benefitted portions of the County Property, and each of their respective successors and/or assigns. Any Owner (or its utility provider) installing, operating, maintaining, repairing, relocating, replacing or removing utility lines or facilities on any other Owner's portion of the County Property shall repair any damage to such portion of the Property caused by such actions. 4. Utility Easement CRA Property. Subject to the other terms and conditions of this Agreement, the CRA hereby reserves for itself, and grants to each Owner of a portion of the CRA Property, a perpetual, non-exclusive easement in, to, over and across unimproved portions of the CRA Property for the installation, operation, maintenance, repair, relocation, replacement and removal of utility lines and facilities necessary or legally required for the use of the various improvements constructed from time to time on the CRA Property owned by such Owner of a portion if the CRA Property for their respective intended purposes, subject to such reasonable limitations as shall be imposed by the CRA and/or the Owner of the burdened portion of the CRA Property (collectively, the "CRA Utility Easement"). The CRA Utility Easement shall include the right to grant easements to utility providers for the installation and maintenance of such utility lines and facilities and, to the extent such easements are located within another Owner's portion of the CRA Property, such other Owner shall join in the granting of such easements provided the same is without cost, expense or liability to such joining party and subject to the limitations set forth above. The CRA Utility Easement shall be an easement appurtenant to the portions of the CRA Property benefitted thereby and shall be deemed for the benefit of the CRA, the Owner of such benefitted portions of the CRA Property, and each of their respective successors and/or assigns. Any Owner (or its utility provider) installing, operating, maintaining, repairing, relocating, replacing or removing utility lines or facilities on any other Owner's portion of the CRA Property shall repair any damage to such portion of the Property caused by such actions. 5. Construction Easement CRA Property. Subject to the other terms and conditions of this Agreement, the CRA hereby reserves for itself, and grants to each Owner of a portion of the CRA Property, a temporary, non-exclusive access easement over, under and across unimproved portions of the CRA Property in order to allow the CRA and each such Owner of a portion of the CRA Property the ability (i) to construct the improvements on and within its portion of the Project located on the CRA Property, and (ii) to install, maintain, repair, replace and remove any common improvements required for the Project located on the CRA Property, including, but not limited to, footings, supports and foundations, subject to such reasonable limitations as shall be imposed by the CRA and/or the Owner of the burdened portion of the CRA Property (collectively, the "CRA Construction Easement"). The CRA Construction Easement shall commence, from time to time 3 with respect to each portion of the Project to be constructed by the Owner thereof on the CRA Property, on the date the use of such easement is necessary for the performance of the applicable construction activities, and shall automatically terminate upon completion of such improvements by such Owner without further action by the CRA or any other Owner. The CRA Construction Easement shall be an easement appurtenant to the portions of the CRA Property benefitted thereby and shall be deemed for the benefit of the CRA, the Owner of such benefitted portions of the CRA Property, and each of their respective successors, assigns, contractors, subcontractors, consultants and agents. The CRA Construction Easement shall not include any rights or easements with respect to the County Property. 6. Encroachment/Support Easements County Property. The County hereby reserves for itself and grants to each Owner of a portion of the County Property, a perpetual easement over, upon and across the County Property for encroachments for building overhangs, other overhangs and projections encroaching onto another Owner's portion of the County Property from an adjoining Owner's portion of the County Property (the "County Encroachment Easement"). The County Encroachment Easement shall be an easement appurtenant to the portions of the County Property benefitted thereby and shall be deemed for the benefit of County, the Owner of such benefitted portions of the County Property, and each of their respective successors and/or assigns. The County Encroachment/Easement shall not include any rights or easements over the CRA Property. 7. Encroachment/Support Easements CRA Property. The CRA hereby reserves for itself and grants to each Owner of a portion of the CRA Property, a perpetual easement over, upon and across the CRA Property for encroachments for building overhangs, other overhangs and projections encroaching onto another Owner's portion of the CRA Property from an adjoining Owner's portion of the CRA Property (the "CRA Encroachment Easement"). The CRA Encroachment Easement shall be an easement appurtenant to the portions of the CRA Property benefitted thereby and shall be deemed for the benefit of CRA, the Owner of such benefitted portions of the CRA Property, and each of their respective successors and/or assigns. The CRA Encroachment/Easement shall not include any rights or easements over the County Property. 8. Curb Cuts County Property. The County hereby reserves for itself and its successors and assigns, the right to create and/or dedicate, as necessary and appropriate, right of ways and curb cuts for public and/or private use on, over and across the County Property, subject to approval by the City of Miami Public Works Depaituient. 9. Curb Cuts CRA Property. The CRA hereby reserves for itself and its successors and assigns, the right to create and/or dedicate, as necessary and appropriate, right of ways and curb cuts for public and/or private use on, over and across the CRA Property, subject to approval by the City of Miami Public Works Department. 10. Parking Easement. The County hereby grants to the CRA and its successors owning the CRA Property an easement and right to utilize forty five (45) parking spaces located on that portion of the County Property more particularly described on Exhibit D attached hereto ( the "HTG Leasehold Property") to be developed by ("HTG") pursuant to the terms of that certain lease between the County and HTG dated March 25, 2015 (the "HTG Ground Lease") as amended. 4 11. Site Plan. The County and the CRA agree that during the term of the HTG Ground Lease HTG the HTG Leasehold Property shall be developed substantially in accordance with the site plan prepared by Corwil Architects dated July 11, 2022 under job number Warrant PZ-22- 12058 (the "Site Plan") as same may be revised from time to time with the approval of the County in accordance with the terms of the HTG Ground Lease. 12. Storm Water Drainage. The County and the CRA covenant and agree that all storm water drainage with respect to the County Property shall be retained on the County Property and all storm water drainage with respect to the CRA Property shall be retained on the CRA Property. 13. Master Agreements. Notwithstanding anything contained herein to the contrary, the easements established by this Agreement with respect to the County Property may be further defined in and shall be subject to the terms, conditions, restrictions and limitations of that certain Ground Lease between the County and Mourning Family Foundation, Inc. f/k/a Alonso Mourning Charities, Inc, dated December 19, 2008, which such lease has been amended by those certain Amendment to Ground Lease, dated December 13, 2012, Second Amendment to Ground Lease, dated August 26, 2013, Third Amendment to Ground Lease, dated October 23, 2013, Fourth Amendment to Ground Lease, dated November 28, 2016, and Fifth Amendment to Ground Lease, dated September 17, 2018, Declaration of Covenants, Restrictions and Easements for Courtside Apartments, Phase II and/or other agreements filed or to be filed of public record in Miami -Dade County, Florida with respect to the County Property (as amended, restated, supplemented and replaced from time to time, the "County Master Agreements"), and any and all rules, regulations, guidelines, criteria and other requirements contained therein or promulgated thereunder with respect to the County Property. Some or all of the rights, obligations and responsibilities of the County and the Owners under this Agreement with respect to the County Property may be delegated to, assumed by and/or regulated by a master association, for -profit entity and/or other regime established or otherwise responsible under the County Master Agreements for the governance of the County Property or certain portions thereof (including without limitation certain areas and/or facilities within the Project located on the County Property that are shared by more than one Owner or portion of the Project or located in one portion of the County Property but used exclusively by another Owner or portion of the Project located on the County Property), either in conjunction with County Property in lieu of the County or any other Owner, to facilitate the development, maintenance, management, operation and use of the Project or the applicable portion thereof located on the County Property. 14. Run with the Land. The rights and easements granted and the covenants in this Agreement shall run with the land and shall inure to the benefit of, and be binding upon every Owner, their respective successors and/or assigns, and all persons claiming under them and all Owners. Notwithstanding the foregoing, no Permitted User shall acquire any enforceable rights under this Agreement. In exercising the easement and other rights contained in this Agreement, an Owner benefitted by such easement and rights shall use reasonable efforts to minimize any interference with the use, access or operation of any other Owner or its Permitted Users of its portion of the Property, and shall not impede or unreasonably interfere with such use, access or operation. Nothing contained herein shall be deemed to be a dedication, conveyance or grant to the public in general nor to any persons or entities, except as expressly set forth in this Agreement. 5 15. Term. This Agreement shall become effective upon 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 the term of this Agreement shall be extended automatically for successive periods of ten (10) years each, unless sooner released in writing pursuant to Section 16.a. of this Agreement. In the event the Covenant is terminated, this Agreement , this Agreement shall also be deemed terminated in its entirety, and all parties shall be released from their respective obligations and liabilities under this Agreement, and pursuant to Section 16.a. of this Agreement.: 16. Miscellaneous. a. Amendment/Release. Subject to the other provisions of this Agreement, the provisions of this Agreement shall not be amended, modified, revised or released except by a written agreement executed by each Owner, with joinder by all mortgagees, if any, the County by and through the Miami -Dade Board of County Commissioners, and approval of the City Attorney of the City of Miami, Florida or his/her designee or successor, including any successor office having jurisdiction over such matters. Further, no modification or amendment shall be effective unless in writing and recorded in the Public Records of Miami -Dade County, Florida. b. Construction. The section headings that appear in this Agreement are for purposes of convenience of reference only and are not to be construed as modifying, explaining, restricting or affecting the substance of the sections in which they appear. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. c. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to the persons or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. d. Governing Law and Venue. This Agreement shall be governed by, and shall be construed and enforced in accordance with, the laws of the State of Florida. Any dispute arising under, in connection with or related to this Agreement or related to any matter which is the subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Miami -Dade County, Florida. - SIGNATURE PAGES FOLLOW - 6 IN WITNESS WHEREOF, Owner has executed this Agreement as of the day and year first above written. MIAMI-DADE COUNTY, a political subdivision of the State of Florida ATTEST: BY ITS BOARD OF COUNTY COMMISSIONERS JUAN FERNANDEZ-BARQUIN Clerk of the Court and Comptroller By: By: Deputy Clerk Mayor or Designee Date: Approved as to form and legal sufficiency By: Terrence A. Smith Assistant County Attorney 7 IN WITNESS WHEREOF, Owner has executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: Witness (print name): Witness (print name): STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) Southeast Overtown/Park West Community Redevelopment Agency, a public agency and body politic created pursuant to Section 163.356, Florida Statutes By: James McQueen Executive Director approve for legal sufficiency The foregoing instrument was acknowledged ❑ in person or ❑ by online notarization before me this day of , 2023 by James McQueen, as Executive Director of the Southeast Overtown/Park West Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, on behalf of the agency. He is personally known to me or presented as identification and who did not take an oath. Notary Public, State of Florida NOTARY SEAL/ STAMP Print Name 8 CONSENT The undersigned, as the of the Depai ment of the City of Miami, consents to the foregoing Easement and Operating Agreement (the "Agreement"), and acknowledges and agrees that: (i) the foregoing Agreement complies with and satisfies the requirements of the Covenant and the Code, each as referenced in the Recitals to the Agreement, and (ii) upon recordation of the Agreement in the Public Records of Miami -Dade County, Florida, portions of the Property may be conveyed and/or encumbered separately without the necessity of subdivision or replat. City of MIAMI, a Florida municipal corporation By: Name: Title: ATTEST: By: Todd B. Hannon, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Victoria Mendez, City Attorney for the City of Miami Consent JOINDER AND CONSENT OF LENDER The undersigned, CITIBANK, N.A. a national banking association, ("Mortgagee") hereby certifies that Mortgagee is the holder of a mortgage, lien, or other encumbrance upon the Property described in the foregoing Easement and Operating Agreement (the "Agreement"), and that Mortgagee hereby joins in and consents to the Agreement and agrees that its mortgage, lien, or other encumbrance, which is recorded in Official Records Book 29552, Page 1513 of the Public Records of Miami -Dade County, Florida, shall be and hereby is subordinated to the Agreement. Signed, sealed and delivered CITIBANK, N.A., a national banking in the presence of: corporation Witness (print name): Witness (print name): STATE OF COUNTY OF By: Name: Title: The foregoing instrument was acknowledged before me by means of [ ] physical presence OR [ ] online notarization, this day of , 2023, by as of . [ ] Personally Known to me or [ ] Produced Identification. Type of Identification Produced Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: Joinder and Consent of Lender JOINDER BY MORTGAGEE The undersigned, U.S. BANK TRUST COMPANY, a national association, as Trustee, under that certain Assignment of Security Instrument and Loan Documents (the "Mortgage") dated June 28, 2022, recorded in Official Records Book 33281, Page 1493, of the Public Records of Miami -Dade County, Florida, covering all/or a portion of the property described in the foregoing Agreement does hereby acknowledge that the terms of the Agreement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 2023. STATE OF COUNTY OF ) ) U.S. BANK TRUST COMPANY, a national association, as Trustee By: Name: Title: Address: [lender address] The foregoing instrument was acknowledged before me by means of [ ] physical presence OR [ ] online notarization, this day of , 2023, by as of . [ ] Personally Known to me or [ ] Produced Identification. Type of Identification Produced Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: Joinder JOINDER BY MORTGAGEE The undersigned, Affordable Lending Company, LLC, as Mortgagee under that certain Leasehold Mortgage and Security Agreement and Assignment of Leases (the "Mortgage") dated March 24, 2015, recorded in Official Records Book 29552, Page 1519, of the Public Records of Miami -Dade County, Florida, covering all/or a portion of the property described in the foregoing Agreement does hereby acknowledge that the terms of the Agreement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 2023. STATE OF COUNTY OF Affordable Lending Company, LLC By: Name: Title: Address: [lender address] The foregoing instrument was acknowledged before me by means of [ ] physical presence OR [ ] online notarization, this day of , 2023, by as of . [ ] Personally Known to me or [ ] Produced Identification. Type of Identification Produced Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: 12 JOINDER BY MORTGAGEE The undersigned, Miami -Dade County, as Mortgagee under that certain Leasehold Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (the "Mortgage") dated March 1, 2015, recorded in Official Records Book 29552, Page 1432, of the Public Records of Miami -Dade County, Florida, covering all/or a portion of the property described in the foregoing Agreement does hereby acknowledge that the terms of the Agreement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 2023. STATE OF COUNTY OF Miami -Dade County, a political subdivision of the State of Florida By: Name: Title: Address: [lender address] The foregoing instrument was acknowledged before me by means of [ ] physical presence OR [ ] online notarization, this day of , 2023, by as of . [ ] Personally Known to me or [ ] Produced Identification. Type of Identification Produced Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: 13 JOINDER BY LESSEE The undersigned, Mourning Family Foundation, Inc., as Lessee under that certain Ground Lease (the "Ground Lease") dated March 24, 2015, recorded in Official Records Book 29552, Page 1320, of the Public Records of Miami -Dade County, Florida, covering all/or a portion of the property described in the foregoing Agreement does hereby acknowledge that the terms of the Agreement are and shall be binding upon the undersigned and its successors in title. WITNESSES: LESSEE Signature Print Name Signature Print Name Mourning Family Foundation, Inc, a Florida corporation, f/k/a Alonzo Mourning Charities, Inc. By: Name: Title: STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2023 by as of Mourning Family Foundation, Inc, a Florida corporation, f/k/a Alonzo Mourning Charities, Inc., on behalf of such corporation, and who is ❑ personally known to me or who ❑ has produced as identification and who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed as such officer for the purposes therein expressed and who did (did not) take an oath. Witness my signature and official seal this day of , A.D., 2023. Notary Public, State of Florida My Commission Expires: 14 JOINDER BY SUB -LESSEE The undersigned, AMC HTG 1, Ltd., as Sub -lessee under that certain Sublease Agreement (the "Sublease Agreement") dated March 24, 2015, recorded in Official Records Book 29552, Page 1325, of the Public Records of Miami -Dade County, Florida, covering all/or a portion of the property described in the foregoing Agreement does hereby acknowledge that the terms of the Agreement are and shall be binding upon the undersigned and its successors in title. WITNESSES: SUB -LESSEE Signature Print Name Signature Print Name AMC HTG 1, Ltd., a Florida limited liability partnership By: AMC HTG 1 GP, LLC., a Florida Limited Liability Company, its Managing General Partner By: Name: Title: STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2023 by as of AMC HTG 1 GP, LLC., a Florida limited liability company, as Managing General Partner of AMC HTG 1, Ltd., a Florida limited liability partnership, and who is ❑ personally known to me or who ❑ has produced as identification and who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed as such officer for the purposes therein expressed and who did (did not) take an oath. Witness my signature and official seal this day of , A.D., 2023. Notary Public, State of Florida My Commission Expires: 15 EXHIBIT "A" COUNTY PROPERTY LEGAL DESCRIPTION All OF TRACT 10, "TOWNPARK SUBDIVISION 4 U.R. PROJECT FLORIDA R-10", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 87 AT PAGE 52 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; INCLUSIVE OF THAT PORTION OF SAID TRACT 10 RE -PLATTED AS TRACT "A", COURTSIDE APARTMENTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 171 AT PAGE 71 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS AND EXCEPT THEREFROM THAT PORTION OF TRACT 10 CONVEYED FROM THE CITY OF MIAMI TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY IN OFFICIAL RECORDS BOOK 28222 AT PAGE 4315, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID LAND LYING IN AND BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. EXHIBIT "B" CRA PROPERTY LEGAL DESCRIPTION Tract 9 of TOWNPARK SUBDIVISION 4, U.R PROJECT FLA. R-10, according to the plat thereof, as recorded in Plat Book 87, at page 52 of the Public Records of Miami -Dade County, Florida; AND A portion of Tract 10 of TOWNPARK SUBDIVISION 4, U.R PROJECT FLA. R-10, according to the plat thereof, as recorded in Plat Book 87, at page 52 of the Public Records of Miami -Dade County, Florida, being particularly described as follows: Begin at the Southeast corner of said Tract 10; thence South 87°49'21" West along the South line of said Tract 10 for 170.98 feet; thence North 03°21'00" West for 70.02 feet; thence North 87°49'22" East for 50.98 feet; thence North 03°21'00" West for 125.60 feet; thence North 87°43'20" East for 120.00 feet to a point on the East line of the aforesaid Tract 10; thence South 03°21'00" East along the West right-of-way line of N.W. 3rd Avenue, the same being the East line of Tract 10 for 195.83 feet to the Point of Beginning. EXHIBIT "C" PROPERTY LEGAL DESCRIPTION All OF TRACTS 9 AND 10, "TOWNPARK SUBDIVISION 4 U.R. PROJECT FLORIDA R-10", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 87 AT PAGE 52 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; INCLUSIVE OF THAT PORTION OF SAID TRACT 10 RE -PLATTED AS TRACT "A", COURTSIDE APARTMENTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 171 AT PAGE 71 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID LAND LYING IN AND BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. EXHIBIT "D" DESCRIPTION OF LOCATION OF PARKING SPACES The 45 parking spaces will be located in the proposed parking garage.