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HomeMy WebLinkAboutApplication and Supporting DocumentsCity of Miami Planning Department & Office of Zoning Exception Request Number httpi/www.nianigov.com'plarmmg Application PZ-24-17748 ht1pi/www.nianignv.com' nning Email eplaripz@miamigov.com Planning (305) 416-1400 Zoning (305) 416-1495 111111111$ .-- First Name: Email: Louis J. Last Name: kimrasnake@gmlaw.com Teminello, Esq. PRIMARY APPLICANT INFORMATION First Name: Corporation: Triple Vision Inc. Address: 3875 Shipping Avenue Last Name: City: Miami State: Florida Zip: 33146 Email: KimRasnake@gnmaw.com Phone: (305) 789-2766 PRIMARY OWNER- INFORMATION First Name: Last Name: Corporation: Sunshine Mortgage Investors Inc. Address: 3875 Shipping Avenue City: Miami State: Florida Tip: 33146 Email: KimRasnake@gmlaw.com Phone: (305) 789-2766 Project Name: Triple Vision Inc. Project Address: 3875 SHIPPING AV City: Miami Master Folio Number. 0141170032400 PROJECT" INFORMAT 0 State: Florida Unit Number. Tip: 33146 That wider the penaky of perjury, I declare that all the' dominion contained in this pemut application is accurate to the best of my knowledge. • That NO work or installation will commence prior to the issuance of a building pemut and that all work wi l be performed to rreet the standards ofan laws regulating construction and zoning in this jurisdiction. • 1 will, in all respects, perform work in accordance with the scope of the pemut, the City of Miami's codes and an other applicable laws, regulations, standard and ordinances. • That all information given will be accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning • That separate pemuts 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-refindable .OWNER./ OWN C1►z► E REsEN'FA'r►VC ,. Drawing Index PZ-24-17748 — Triple Vision Inc. 1. A-0 — Site Plan 2. A-01 — Diagram/Context Photos 3. A-1 — Floor Plan 4. A-1.1— Second Floor Plan 5. A-2 — North/West Elevations 6. A-3 — South/East Elevations 7. LS-1 — Life Safety 8. V-1— Survey PLAYMATES CLUB 3875 Shipping Ave. Miami FL, 33147 0^ PZ-24-17748 PROPERTY ADDRESS 38,5 Seipp, Ave MIAMI FL 33145 LEGAL DESCRIPTION LOT 41. 42. 43 ek 4. BLOCK 12. PEAL, SECURITIES CORPORATION'S OF COCONUT GPO., ACCORDING TO THE PLAe eHEREOF AS RECORDED IN PLAT BOOK 2.PAGE 85. OF THE PUBLIC RECORDS OF CONSTRUCTION TYPE: uB CLASSIFICATION A-2 NIGHT CLUB OCCUPANCY: BUSINESS SCOPE OF WORK: AS-BIJILT PLANS OF EXISTING GENERAL NOTES 1. ALL WORK , TO BE DONE . ACCORDANCE WITH THE 2. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND CONDITIONS ACCORDANCE WITH ALL GOVERNING AGENCIES. RULES AND REGULATIONS HAVING JURISDICTION 5. CONTRACTOR 10 PROMDE ALL SUPPLEMENTARY MATERIALS CONTRACTOR SHALL PROVIDE THE ARCHITECe WITH RED -LINED RAY AND ALL AND/0R � D 70R NATIONS 880 IBIu0v FOR ITECT. o"io oE"IATFONs RE 9 IF DURING THE COURSE OF CONSTRUCTION ANY DEMATIONS ARE 12 CONTRACTOR OR SUB -CONTRACTOR SHALL BE RESPONSIBLE SHALL NOT BE REUSED ON Arke OTHER LOCATION EeCEPe MERE THE ONE FOR MICH THEY WERE EMPRESS, DESIGNED DOING WILL BE INDEBTED TO ARCHITECT FOR HS FULL COMMISSION ARCHITECTURAL DRAWINGS A-0 COVER ZONING LEGEND GENERAL NOTES LEGAL DESCRIPTION LOCATION MAP SITE PLAN A-01 BUILDING AREA DIAGRAM & CONTEXT PICS A-1 EXISTING FLOOR PLAN A-2 EXISTING ELEVATIONS A-3 EXISTING ELEVATIONS LS-1 LIFE SAFETY PLAN n per. rrF-�IfrsT...� LOCATION MAP ADJACENT BUILDING b� \�\\�\\�\. 746.; 7\.\\\\\\ ,_+\\-No.00' 4 Perking Specvs 1 `� .,j .. m,4qN ,2.0' S. 6 Parking SpbcesM $ o e n V �� T 26.00'_ J / 2x 0 om 5 0'.f-� 3 -72.0,- T �N Is / I ae au • Asphalt. _ Pa�krng to � / The \�p / 4"SANS °�� �� 12.94' �, ,5' J. ,% s' PL MTR S.W.38tn COURT 'no. if am, hown based on NIA 70.05 d<s 0 a'rooIio I o.11a wn(a. A 0. 0 9� GREASE i V. cp- TRAP o .-25.60' %O C1... 106.05 (reference) NIA 70' 8.00 CBS-WA(L 7 Aspholt ,- l SITE PL` ALE, 1/16' = 1'-0' N 20 I HE LORID F, ART. 4 TABLE 2 TRANSECT: T6-12-0 AS PER MIAMI 21 ZONING: T6-12-0 AS PER MIAMI 21 LOT OCCUPATION BUILDING DISPOSITION LOT OCCUPATION REQUIRED PROVIDED/EXISTING TO REMAIN °. Lot Area b. Lot W'dlh c. Lot coverage d. Floor Lot rain (FLR) . e. Frontage at front setback i. Green Space Requirements '. g. Density 5,000 70000 nax 50 b. min. 809 max. 8/ 09 odditional Pub c bane!, 0% 10% Lot Area Min. 150 du/acre max 1542000 AL 100.00 b. 4,519, ..(29 30%) 5.610.0 ..(4. 6 49.30 11 (49 30 4 65 (6 39Z) 045.65 N/A BUILDING SETBACK a_c Pa ion b. Side c. Rear t0 . m 0 rt. min. 0 rt. min. 2.94 t. 41.80 010 it 25.60 ft. OUTBUILDING SETBACK a. Principal Front b. Side c. Rear N/A N/A N/A N/A N/A N/A BUILDING CONFIGURATION'. a. Common Lawn b_ Porch & Fence r LG d, Forecourt e eco !, shoo°rant g. Gallery L. Arcade Prohibited Prommted Pro bred Perm�ned Permrted Permlted Permlted Permlted BUILDING HEIGHT: a. Principal Building h. Outbuilding 2 min. 8 max N/A t & 2 Story. 20.25 1t N/A Reasons A A 0 A (i C 3 Z NOC pon % W H a� IDO (.05 We <001 Oaao ' w J Job No 8 Date 10.23.06 Scale Seal AA-26001560 Sheet No A-0 5 Pkrie RED SIGN AREA TABLE MARK SPACE AREA (S.F.) OCCUPANCY 10 RECEPTION 200 40 0 BATHROOM 390 N/A 0 MAIN FLOOR 3396 226 0 SERVICE AREA 856 5 0 OFFICE 332 2 © DRESSING ROOM 636 13 TOTAL 5810 286 200 S.F ©2 389 S.F ©3 3396 S.F WHITE CANVAS 0636 S.F. 0300 SF. 2ND FLOOR EXTERIOR GRAY ®856 S,F. 1ST FLOOR AREA DIAGRAM O HALE: 1,4r 032 S.F. wr CONTEXT PICTURES Revsons 0 a Job No Date scale seal AA-26001560 sneer No .1 A-0 EXIST BATH z EXIST. CLOSET O VENDING MACHINE LA&LE LOCI ERS EXIST, OFFICE EXIST. LOUNGE/CHANGING AREA LOCKERS EO RES TAI RS AC AC LOCKERS 4- SECOND FLOOR PLAN SCALE ChB" = a," NOTICE PZ-24-177487/21/2025 Revisions A A 0 A a Job No Date Scale Seal AA-26001560 Sheet No A-1 .1 PRIVATE BOOTH ENTRANCE tiP VIP AREA SHAMPANGE ROOM WOMLJVS BAT ROOM / LANDING MEWS BATHROOM CHAIRS AREA STAGE CHAMPAIGN ROOM 2 CHAMPAIGN ROOM 1 CHAMPAIGN ROOM 3 CHAMPAIGN ROOM 4 j(-1--FLOOR PLAN SCALE, 1/4^ = r-o^ DJ BOOTH OCCUPANCY LOAD: ASSEMBLY; A- 2 NIGHTCLUB (s,810 SE) FUNCTION OF SPACE: OCCUPANCY LOAD. 2000PTION - STANDING5 /5 nO Pees FUNCTION OF SPACE: ED (TABLES AND CHAIRS) OCCUPANCY LOAD. 3,TP6SIONEV,5 225 PERS (85 CHAIRS PROVIDED) FUNCTION OF PACE: - OCCUPANCY LOAD. 332'„3D BUSINESS PERS FUNCTION KITC COMMERCIAL OCCUPANCY LOAD_ 336S5;200 - 3 PERS DRESSINGFUNCTION OF ,50 = ,3 ROOM - MS OCCUPANCY LOAD. e365EPERS TOTAL OCCUPANT, 256 PERE. AVI PV HALLWAY SEATING CHART BAR SEATING STAGE SEA,. CUPPED BACK VIP SEATING CURVED BACK: VIP SEATING STRAIGHT BACK BOOTH SEATING ADP SEADNG -14. ROUND TABLE 3, OBLONG END TABLE Elr RECTANGLE TABLE TOT, TABLES COOLER AREA LE ES (21 COUNT DUMPSTER 0^ PZ-24-17748 IHGEESPDHS A A A CY Job No Date Scale Seal AA-26001560 Sheet No A-1 STUCCO FINISH NOTICE PZ-24-177487.21/2025 PORCH OPEN COLUMN OPEN COVERED DRIVE NORTH ELEVATION 1 /4"= STUCCO FINISH WEST ELEVATION /4"= toatt PORCH STUCCO FINISH —) Revisions A A 0 Job No Date Scale Seal AA-26001560 Sheet No A-2 OPEN COVERED DRIVE OPEN STUCCO FINISH SOUTH ELEVATION 1 /4"= STUCCO FINISH EAST ELEVATION 1 /4"= STUCCO FINISH NOTICE PZ-24-177487/21/2025 EAST ELEVATION CONT. /4"= Revisions A A 0 Job No Date 10.23.06 Scale Seal AA-26001560 Sheet No A-3 MEANS OF EGRESS: 2(AmMRI Y( OF TRAVEL SHALL BE PERMITTED FOR THE FIRST 20 FT (6100MM) FROM ANY POINT WHERE THE COMMON RS ANY NUMBER OF OCCUPANTS. AND FOR THE FIRST F*A(23M) FROM ANY POINT WHERE THE COMMON PATH SERVES NOT MORE THAN 50 OCCUPANTS, ,AssrMI,1n EXITS SHALL BE ARRANGED SO THAI THE TOTAL LENGTH TRAVEL FROM ANY POIN-I TO PEACH AN EMIT SHALL NOT EMCEED 200 �F(6, ) IN ANY ASSEMBLY OCCUPANCY UNLESS OTHERWISE PERMITTED COMMON PATH: (NON SPRINKLERfo BUILDING) POINT 'A', P171CPIPP V(ASSEMBLY, 1325 2 ,36 OCCUPANTS) s (A - Ts' (ASSEMBLY, 132.5.1.2. �55 OCCUPANTS) Ts (ASSEMBLY, 13252.50BNTS) POINT 95-- 0.' Ts' (ASSEMBLY. 13.,.=OCCUPANTS) POINT 3,10. s' (Ass 0CNTS)) POINT G. 32-5 75 (ASSEMBLY. 13.2.51.2 =50 OCCUPANTS) TRAVEL DISTANCE: (NON SPRINKLERED BUILDING) PROMDFD Bev POINT A. 73-9 ' (ASSEMBLY 13m6.2) - o' (ASSEMBLY 13.2,6,2) POINT o' (ASS 2) POINT F 32-- 10 zao' (ASSEMBLY 13.2,6,2) CHAIRS AREA NOTICE PZ-24-177487/21/2025 Revisions o_ azs ,sT issue 0 0 0 Job No Date Scale Seal AA-26001560 Sheet No LS-1 1111 44-01$ "r-eyi-te • ' 1 i L 44.;:7,211::;•,';`;`.1;q7-11'f[Lfj:g"i e wi:Kr .4. WINKMe LOYEE LLIHG SION BUGS RCIBLY TURNED POLICE EST, p BLUFF .41 I1......1-......k. I;Eew,. 4 ! , rIf Jo . . V14 ' :,4 - - -le. Eft_ • • r? 1 140 r 'sr Wirr .E, DAM 1ELE+aIS VI, 314 NA% E111111,, II II MI WI IN MI MR 11 II It Ili El Success. Confirmation #158134614 An email confirmation has been sent to fenny©ricks.com PAYMENT METHOD EAM **** **** EX 2005 CONTACT INFORMATION Leny Triple Vision Inc fenny@ricks.com TRANSACTION ID 1080331 Processing Fees Total: OPTION AMOUNT Balance Due $3,295.00 $0.00 $3,295.00 Document Index PZ-24-17748 — Triple Vision Inc. 1. PAP-1 — Warrant Application 2. PZD-1 — Letter of Intent 3. PZD-2 — Landlord Letter 4. PZD-3 — Menu 5. PZD-4 — Valet Agreement 6. PZD-5 — Deed 7. PZD-6 — Lease 8. PZD-7 — Copy of Operating Licenses 9. PZD-30 — Disclosure Affidavit of no Monies Due 10. PHO-1 11. PHO-2 12. PHO-3 13. PHO-4 14. PHO-5 15. PHO-6 16. PHO-7 17. PHO-8 18. PHO-9 19. PHO-10 20. PHO-11 21. PHO-12 22. PHO-13 23. PHO-14 24. PHO-15 25. PHO-16 26. PHO-17 27. PHO-18 28. PHO-19 29. PHO-20 Creeosp000 Mdrdcr April 2, 2025 Submitted VIA City of Miami ePlans Mr. David Snow, Interim Director City of Miami, Planning Department 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Louis J. Terminello, Esq., Chair — Hospitality, Alcohol & Leisure Industry Group Brickell World Plaza — 36th Floor 600 Brickell Avenue Miami, Florida 3313I Phone: 305.789.2770 Fax: 305.537.3947 Email: LJT@gmlaw.com Re: Triple Vision Inc. — 3875 Shipping Avenue Miami, FL 33146 — Letter of Intent for Extension of the existing Legally Nonconforming Use Dear Mr. Snow: The undersigned represents Triple Vision Inc. ("Applicant"). Please consider this correspondence the Applicant's letter of intent regarding its application seeking PZAB/Commission approval for an Exception to allow the Extension of the existing Legally Nonconforming Use, as an adult entertainment nightclub pursuant to Sec. 7.2.6.a, Miami 21. The adult use though in compliance with the then existing zoning ordinance when established is nonconforming under Miami 21 due to the adult entertainment no longer being in a zoning district that permits adult entertainment and also within current distance separation restrictions. Unless extended, the legal nonconforming use will expire on May 10, 2030. The Applicant's situation and position is the same as the adult entertainment venue located at 15 NE 11 th Street and 29 NE 11 th Street, Miami, Florida. On October 24, 2019, the City Commission granted GR Opco, LLC an exception extending its nonconforming adult use through May 20, 2050. (See, Resolution R-19-0436) This is the same exception that Triple Vision Inc. now seeks. Enclosed, are the initial amortization notice from the City dated, March 23, 2022, our responses to the City's notice, on behalf of Triple Vision Inc., dated May 18, 2022 through August 12, 2022 and email from City Attorney Victoria Mendez confirming that the nonconforming use's initial expiration will be on May 10, 2030. Also enclosed please find Miami City Commission Resolution R-19-0436. Exception Criteria, Miami 21, Art. 7, Sec. 7.1.2.6.b.4. and Art. 4, Table 12. It is first submitted that the Design Criteria, pursuant to Art. 7 are only to be applied "(A)s appropriate to the nature of the Exception involved." The nature of this Exception is an extension of an existing Boca Raton I Denver I Ft. Lauderdale I Edison (NJ) I Las Vegas I Los Angeles I Miami I Miami Beach I Naples I Nashville I Nevada City New York I Orlando I Phoenix I Portland I San Diego I Scottsdale I Tallahassee I Tampa I Washington, D.C. I West Palm Beach nonconforming use, which has been in operation for approximately 30 years with no changes to the existing structure or the property on which it is located. Therefore it is submitted that since from a physical standpoint the location will remain as is, Design Criteria have little if any application to this Exception. However, Applicant would point out that concerning the locations "proximity to Less intense Uses", as the photographs taken from the driveway entering the Applicant's location and attached hereto show, the surrounding properties are mostly industrial or heavy commercial Uses which were established many years ago and continue to exist. Any less intense uses that do exist in the extended area are generally separated from the Applicant's property by the industrial and commercial uses. The venue currently encompasses a space of approximately 5,810Sq.Ft. and is located within the T6-12-0 Zoning Area. The venue currently operates as an Adult Entertainment/Nightclub and utilizes a series 4COP Quota alcoholic beverage license for the service of beer, wine and distilled spirits. The venue includes the existing seating area, kitchen, bar areas, restrooms, and VIP areas. 1. 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: Opening Monday — Friday from 3:00pm to 5:OOam, Saturday from 4:00pm to 5:00am and Sunday from 8:OOpm to 5:00am • Employees: Approximately 45 • Goals of business: The existing Adult Entertainment/Nightclub Establishment is one of the world's largest social life entertainment facilities and is all in one party place. The goal is to bring an astounding social life and nightlife experience for all adults aged 21 and over. 2. 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 100 percent of the required parking to be located offsite within a distance of 600 feet from the subject alcohol service establishment if the proposed parking is to be "self -park" and a distance of 1,000 feet from the subject alcohol service establishment if the proposed parking is to be by "valet." • Valet parking is available on site for patrons. 3. For alcohol service establishments proposing capacities over 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 Occupant Load is less than 300 persons. • Notwithstanding, the venue will utilize a method of crowd control beginning at the outside perimeter of the establishment. This will entail having a unified and single patron line/queue (if necessary) prior to entering into the facility in order to ensure that the permitted occupancy level is not exceeded. The venue will also have managers at the front entrance that will ensure the safety of patron ingress and egress from the venue at all times, prevent unnecessary congregation, and will ensure that all patrons safely exit the venue upon closing. 4. A security plan for the Alcohol Service Establishment and any parking facility. • The venue will have security guards at all entrances and exits of the venue and will also have security within to monitor the interior operations. The venue will utilize a "clicker system" to ensure that the patron count is monitored so that the Occupant Load as permitted by the City's Fire Department is adhered to at all times. • The venue's Security Personnel will specifically enforce patron age restrictions, and will check for government identification upon entry during all hours of operation. • The venue's Security Personnel will perform appropriate searches of patron's upon entering the establishment to prevent entry of contraband and weapons. • All of the venue's staff will be trained on the security protocols of the venue at the time of hiring along with periodic refresher training. 5. For alcohol service establishments proposing capacities over 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. • A traffic study and traffic circulation analysis and plan are not required as the occupancy of the venue is less than 300 persons. 3 6. A sanitation plan, which addresses on -site facilities as well as off -premises issues resulting from the operation of the alcohol service establishment. • The venue will utilize Waste Management services for garbage disposal. 7. Proximity of the proposed alcohol service establishment to districts-- residential. • This is an established business therefore any proximity of the proposed alcohol service establishment to districts- - -residential would not apply. 8. If the proposed alcohol service establishment is within 200 feet 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. • The owner will adhere to any and all methods commonly used to prevent the emission of sound, vibrations, and noise at the venue and will adhere to the city noise ordinance. The venue will not have any outdoor amplified music and will not have any outdoor speakers or outdoor music after 11:00 p.m. The venue will comply with Chapter 36 of the City Code, as amended, including any future amendments for noise regulation. Thank you for your kind consideration in this matter. Of course, should you have any questions in this regard, please don't hesitate to contact me. LJT/ksr Encl. as stated 4 Yours Very Truly, reenspoon Marder LLP Louis J. Terminello For the Firm (fit of ��t�txati March 23, 2022 Triple Vision Inc dba Playmates 3875 Shipping Avenue Miami, Florida 33146 Re: Certificate of Use No. 092139 To Whom It May Concern: ARTHUR NORIEC,A, V City Manager On April 13, 2000, the City Commission adopted Ordinance No. 11916, an amendment to Ordinance No. 11000, the zoning ordinance in effect in the City of Miami from 1990 to 2010 ("Amendment"). The Amendment removed adult entertainment as a conditional principal use in the C-2 commercial zoning category, allowed it as a conditional principal use in the I industrial district and imposed a 1,000 foot separation requirement from any residential zoning district, including those in neighboring jurisdictions. At the time of the adoption of the Amendment, your establishment became legally nonconforming. Although located in the I district, and within 1,000 feet of the portion of the R-2 district on the north side of Day Avenue east of Douglas Road as well the R-2 district north of Bird Road. Section 1104 of Ordinance No.1 1000 permitted such nonconforming uses to continue for twenty (20) years from the date it became nonconforming with the ability to extend such use an additional twenty (20) years by Special Exception. No Special Exception was sought or obtained. On October 22, 2009, the City Commission adopted Ordinance No. 13114 ("Miami 21") and repealed Ordinance No. 11000. Miami 21 became effective on May 20, 2010. Like Ordinance No. 11000, Miami 21 also provides that nonconforming uses must cease twenty (20) years from the date they become nonconforming unless extended by Exception. No Exception has been sought for such an extension to date. Because the Amendment rendered the adult entertainment use nonconforming in 2000, pursuant to both pertinent zoning ordinances, the use was required to have ceased on April 13, 2020. The Office of Zoning is aware we have renewed the certificates of use, in error, after that date. Please be advised that upon renewal at the end of the current fiscal year, no certificate of use for adult entertainment will be renewed and such use must cease. This does not affect any other lawfully established use, including the sale of alcohol, nor does it preclude the establishment of a use in conformity with Miami 21. If you believe them' is some pertinent infomnation that the Office of Zoning is not aware of that otherwise alters this analysis, please do not hesitate to contact me to discuss further. I can be reached by e-mail at dawldberg[;ir.'miamigov.corn or by sending correspondence to the Office of Zoning's address at 444 SW 2"d Avenue, 2"d Floor, Miami, FL 33130. Sincerely, Daniel S. Goldberg, Esq., Zoning Director /1 Administrator cc: Tamara Allen Frost, AICP, Assistant Director, Office of Zoning Eduardo Montes, Zoning Information Supervisor, Office of Zoning OFFICE OF ZONING 444 S.W. 2nd Avenue 2: d Flour Miami, Florida 33130 / Phone: 1305) 416-1499 Fax 1305) 416-2156 Mailing Address. P.O. Box 330708 Miami, Florida 33233-07013 NOTICE Kimberly Rasnake-Bringuez From: Mendez, Victoria <VMendez@miamigov.com> Sent: Friday, August 12, 2022 6:06 PM To: Goldberg, Daniel; Louis J. Terminello Subject: RE: Triple Vision Inc, d/b/a Playmates - CU 092139 - 3875 Shipping I have spoken to Mr. Goldberg on this matter, and previous zoning directors in the past on distance calculations in my time at the City. The methodology for calculating the distance in 11000 was ambiguous unless noted. Unfortunately, the pedestrian path was used as a methodology at times, and we must assume that this was the methodology used herein, if not the adult entertainment establishment would not be in its present location at 3875 Shipping. Based on the survey information you have provided, along with your factual representation, and the added ambiguity as to the distance methodology, we do not have a clear path forward to successfully remove the CU at this time. We will agree that you have the use until May 10, 2030, based on the timing of the fiscal year at this time, and you must apply for an exception well in advance of May 10, 2030, if you wish to extend the use of adult entertainment past that time. Thank you. Victoria Mendez, City Attorney Board Certified, City, County and Local Government City of Miami Office of the City Attorney Telephone: 305-416-1832 Facsimile: 305-400-5071 vmendez@miamigov.com Assistant: Marta Gomez (305) 416-1844 Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. Please consider the environment before printing this e-mail. From: Goldberg, Daniel <DaGoldberg@miamigov.com> Sent: Friday, August 12, 2022 1:34 PM To: Louis J. Terminello <Louis.Terminello@gmlaw.com>; Mendez, Victoria <VMendez@miamigov.com> Subject: RE: Triple Vision Inc, d/b/a Playmates - CU 092139 - 3875 Shipping Lou, Miami 21 does do distance "as the crow flies" per Section 6.1. I'll await the City Attorney's advice on how to proceed, but I agree to the extent I am told that the pedestrian path is correct or likely to have been the correct methodology, then this establishment would have become nonconforming on May 20, 2010 and still has 8 years to go with the ability to request an Exception to extend another 20 years. 1 Daniel S. Goldberg, Esq. Zoning Administrator Office of Zoning 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130 Phone: (305) 416-1442 From: Louis J. Terminello[mailto:Louis.Terminello@gmlaw.com] Sent: Friday, August 12, 2022 9:40 AM To: Goldberg, Daniel <DaGoldberg@miamigov.com>; Mendez, Victoria <VMendez@miamigov.com> Subject: RE: Triple Vision Inc, d/b/a Playmates - CU 092139 - 3875 Shipping CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Goldberg, It does appear the one thing that we are all in agreement with is that neither Ord. 11000, Ord. 11916, nor Miami 21 specifically state how to measure the 1000' from the front door of an adult establishment to the closest property line residentially zoned properties. It also is clear that there are other sections of the relevant zoning codes and ordinances that do specify how distance is to be measured, i.e. ordinary pedestrian traffic or straight line. As you correctly note, this creates an ambiguity, but it is an ambiguity the rules of statutory construction resolve. Zoning regulations are, by definition, in derogation of private rights of ownership and as such undefined words used should be given their broadest meaning and interpreted in favor of the property owner. In this case, that would be an interpretation the appropriate measuring stick is "ordinary pedestrian traffic:" Persaud Properties FL Investment, LLC v. Town of Fort Myers Beach, 310 So. 3d 493, 495-496 (Fla. 2nd DCA 2020) (citing Rinker Materials Corp, v. City of North Miami, 286 So. 2d 552, 553 (Fla. 1973) and City of Miami Beach v. 100 Lincoln Rd., Inc. 214 So. 2d 39 (Fla. 3d DCA 1968)) This interpretation also finds support in the fact that the measurement is to be from the front door of the establishment and not closest property line or point of the building. The front door requirement sets the measuring focus to the point pedestrians gain actual access. It is also submitted that support for the pedestrian traffic method can be found in Code Section 4-4. Unless exempt, alcohol service is subject to distance restriction from residential districts and schools. Since adult establishments are virtually always are alcohol service establishments, logic would point to an intent that the same method be employed for the survey required to obtain the adult and alcohol uses. I would like to point out that while you have identified properties on the north side of Bird Road and the north side of Day Ave, east of Douglas Road, as the survey we submitted shows the Day Avenue location is a moot issue since it is more than 1000' from Playmate's front door under either measurement method. Also, so there is no doubt, even the north side of Bird Road is a moot issue in our view. As you correctly recognize, Playmates in no longer in an Industrial Zone but rather a T6. Adult has been relegated to the D district under Miami 21. However, Miami 21 also changed the north side of Bird Rd from R-2 to T4L and the Day Ave location from R-3 to TSL. Therefore, even if within 1000' of Playmates, neither of these areas have been "residential districts since the passage of Miami 21". (See Code Sec. 4-1 defining T4L & T5L as "Mixed - Use" districts) Therefore the answer to your Question #1 is "pedestrian path analysis" and Question # 2 the answer is Yes both for the constitutional issue you allude to and the rule of statutory construction we have cited to. As such, we submit the current nonconformity runs until May 20, 2030. Further, without waiving our position that the initial 20 years does not expire until 2030, we do agree that principals of estoppel and fairness based on the City's continued renewal of the CU, would foreclose any argument that the time to obtain a special exception has expired. Similarly, even if the use would have expired in 2020, Ch. 252, Florida Statutes has extended the time for applying for another 20 years. 2 Please confirm in writing the subject use has 8 more years to go with the ability to extend by Exception. Time has now become "of the essence" in resolving this — the issue was been out there since March, 2022. Greensp000 Md[d[�. Louis J. Terminello, Esq., Partner Chair - Hospitality, Alcohol & Leisure Industry Group Member, Firm Management Committee Managing Partner, Miami-Brickell Office Brickell World Plaza, 36th Floor, 600 Brickell Avenue, Miami, FI 33131 Tel: (305) 789.2770 I Fax: (305) 537.3947 Email: LJTOgmlaw.com www.qmlaw.com Ranked as a Top Lawyer in Food & Beverage by Chambers & Partners USA From: Goldberg, Daniel <DaGoldberg@miamigov.com> Sent: Wednesday, August 10, 2022 6:43 PM To: Mendez, Victoria <VMendez@miamigov.com> Cc: Louis J. Terminello <Louis.Terminello@gmlaw.com> Subject: RE: Triple Vision Inc, d/b/a Playmates - CU 092139 - 3875 Shipping Madam City Attorney, I looked through 11000 to see what the different measurement rules were when it came to distance separation. 11000 was quite frankly all over the place. Here are the various rules: NOTICE 1. Community residential homes were measured "from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility." 2. Maximum distance from a principal entrance to required parking was "measured by normal pedestrian routes;" 3. Temporary offsite parking for construction crews was "measured from the project property to the principal entrance of the proposed parking lot." 4. Distance limitations for public storage in a C-1 district was "measured from the nearest point of the existing facility's site to the nearest point of the proposed facility's site." 5. Temporary auto sales could not be "any closer than three hundred (300) feet from any residentially zoned property within the city" with no other guidance whatsoever. 6. FAR increased in SD-15 by 1.0 when "the main building entrance is located within a twelve -hundred -foot walking distance from the entrance to a Metrorail station". 7. SD-14 allowed offsite parking within 1,000 feet "measured from the nearest point of the subject establishment to the nearest point of the property on which the parking is located." In short, the adult entertainment measurement "from the front door of the proposed adult establishment to the closest property line of the residentially zoned property, school or park" is ambiguous as to whether it's by pedestrian path (as Chapter 4 was/is and distance from required parking was in 11000) or by straight line (as community residential homes and public storage distance was specifically). There is no catchall measurement provision in 11000. I checked the zoning file for all interpretations of 11000 and found nothing on point. I am not specifically empowered to interpret 11000 as far as I am aware, though from time to time the need arises to research the past and understand how certain approvals came to be or whether they were permissible back then (e.g., the code relief program). Lastly, I was not there in 2000 when the amendment to 11000 that may have made this nonconforming by both relegating the use to the I zones with a 1,000 foot distance. This property was in the I zone so the only issue is distance. I have to presume that the Commission adopted a constitutional amendment to 11000 back 3 then. Doing a very quick study of the former 11000 atlas, applying the 1,000 foot rule "as the crow flies" would hav precluded many properties in the I zones from this use, which might be a problem. Those areas, with the analysis o using this methodology precludes these uses, is as follows: NOTICE 1. The former industrial area in question (Gables Industrial Area): The R-2 north of Bird Road eliminates most of this district and the R-1 at the corner of Day Ave and S Dixie Highway eliminates the rest. 2. The industrial areas off S Dixie near SW 27th Ave would be precluded no matter what methodology because they are surrounded by R districts and in one case, a school. 3. The largest industrial district, running between NW 20th Street and NW 23`d Street from the City's western limits to 1-95 is about 1100 feet wide north to south and is flanked by R districts just behind the next major east -west roads, precluding this entire area, save for perhaps an area bounded by NW 20 Street to the south, NW21st Street to the north, NW 13 Av to the west, and a point midway between NW 7th Ave and NW 8th Ave to the east. The remainder would be precluded by the R-3 across 1-95 in Overtown. 4. The portion of the last industrial district between NW 7" Ave and 1-95 north of NW 23`d Street offered no opportunity either due to the R-3 in Allapattah to the west and the R-3 and R-2 in Overtown / the southwestern portion of Wynwood. 5. The industrial district in the upper east side (NE 75th Street to the north and a small area west of the FEC north of that down to NE 59 Street, between NE 2"d Avenue and the FEC except for a small portion west of NE 2"d Ave and east of NE Miami Court) is at most about 1300 feet east to west and it appears due to the proximity of R districts on the west side of NE 2 Avenue and east side of NE 4 Court in Palm Grove, this area is totally precluded. 6. Wynwood is the last industrial district. Because of the R-3 from the County housing in Overtown, the R-3 in Wynwood itself, the middle school on NW 29th Street, and the fact that a part of Phyllis Wheatley elementary was zoned "PR", most but not all of Wynwood would be precluded by doing it this way. The southeastern portion of this area south of NW 22"d Street is distanced out by Phyllis Wheatley except east of NW Miami Court. The northeastern area is similarly precluded by the R-3 that has NW 1 Avenue running down the middle. The middle school on NW 29th would preclude this use from NW 25th Street to points north from NW 2nd Avenue (also impact by R-3) to NW 5th Avenue. From what I can see, only a small area off NW 6th Avenue between NW 26th and NW 27" Streets and west of NW 5th Avenue and another small area on NW 25th Street between NW 3rd Ave and NW 5th Ave would have qualified under this analysis. So with that, I'll ask for your legal advice as to how to proceed as follows: 1. Was the proper methodology "as the crow flies", or, because of the use of measuring from a door, impliedly a pedestrian path analysis? 2. To the extent of an ambiguity for measurement and the lack of interpretation by prior ZAs, should we interpret this past code section as the latter due to Constitutional issues for siting adult entertainment and the preclusion of the same? If the answer to #1 is the latter or the answer to #2 is yes then this became nonconforming on May 20, 2010, and it has 8 more years to go with the ability to extend by Exception. Assuming you believe #1 is the former and #2 is no: 3. Based on CU renewals for the last 2 years (i.e., beyond the initial 2020 amortization date for the use to cease), should we allow an Exception to be sought to extend for 20 years? 4. If the answer to #3 is yes, should that run from the date the use should have ceased under my initial analysis in 2020 (meaning it can only be extended to 2040)? Daniel S. Goldberg, Esq. Zoning Administrator Office of Zoning 444 SW 2"d Avenue, 2" Floor Miami, FL 33130 Phone: (305) 416-1442 4 NOTICE From: Louis J. Terminello[mailto:Louis.Terminello@gmlaw.com] Sent: Wednesday, August 10, 2022 9:15 AM To: Goldberg, Daniel <DaGoldberg@miamigov.com> Subject: Triple Vision Inc, d/b/a Playmates - CU 092139 - 3875 Shipping CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dan From: Louis J. Terminello Sent: Tuesday, August 9, 2022 8:55 AM To: Daniel Goldberg <dagoldberg@miamigov.com> Subject: Triple Vision Inc, d/b/a Playmates - CU 092139 - 3875 Shipping Dan From: Louis J. Terminello Sent: Monday, August 8, 2022 9:21 AM To: Daniel Goldberg <dagoldberg@miamigov.com> Subject: Triple Vision Inc, d/b/a Playmates - CU 092139 - 3875 Shipping Dan this needs to be resolved ... the September 30 date is looming out there From: Louis J. Terminello Sent: Monday, June 27, 2022 9:21 AM To: Mendez, Victoria <VMendez@miamigov.com> Cc: Daniel Goldberg <dagoldberg@miamigov.com> Subject: Triple Vision Inc, d/b/a Playmates - CU 092139 - 3875 Shipping Madam City Attorney: please see the attached From: Louis J. Terminello Sent: Wednesday, May 18, 2022 8:46 AM To: Daniel Goldberg <dagoldberg@miamigov.com> Cc: Montes, Eduardo <EMontes@miamigov.com>; Frost, Tamara <TFrost@miamigov.com>; Michael Tarkoff <Michael.Tarkoff@gmlaw.com> Subject: Triple Vision Inc, d/b/a Playmates - CU 092139 - 3875 Shipping Mr. Goldberg....please find attached Triple Vision Inc's (d/b/a Playmates) response to your March 23, 2022 "amortization" letter, a copy of which is attached hereto for your convenience. Please let me know if you need any additional information. Note that a survey is included in the response. 5 Greenspoon fr1rder.. Louis J. Terminello, Esq., Partner Chair - Hospitality, Alcohol & Leisure Industry Group Member, Firm Management Committee Managing Partner, Miami-Brickell Office Brickell World Plaza, 36th Floor, 600 Brickell Avenue, Miami, FI 33131 Tel: (305) 789.2770 I Fax: (305) 537.3947 Email: LJTOgmlaw.com www.qmlaw.com GREENSPOON MARDER LLP LEGAL NOTICE The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, "written advice" as defined in Section 10.37 of Treasury Department Circular 230. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you. 6 City of Miami Legislation Resolution: R-19-0436 City Hall 3500 Pan American Drive Miami, FL 33133 www.mlamigov.com File Number: 6335 Final Action Date: 10/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.6(A) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW AN EXISTING LEGAL NONCONFORMING ADULT ENTERTAINMENT USE TO OPERATE FOR AN ADDITIONAL TWENTY YEARS AFTER THE ADOPTION OF THE MIAMI 21 CODE ON A SITE LOCATED WITHIN THE "T6- 60A-O," URBAN CORE- OPEN, TRANSECT ZONE FOR THE PROPERTY GENERALLY LOCATED AT 15 NORTHEAST 11 STREET AND 29 NORTHEAST 11 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, GR OPCO, LLC ("Applicant") is the lessee of the properties located at approximately 15 Northeast 11 Street and 29 Northeast 11 Street, as more particularly described in Exhibit "A," attached and incorporated ("Property"); and WHEREAS, the Applicant has applied for an Exception (File ID PZ-19-649) to extend the initial 20-year Time Limitation to operate an existing legal nonconforming Use (an Adult Entertainment Use) through and including May 20, 2050; and WHEREAS, the Property has a zoning designation of "T6-60A-O," Urban Core -Open, Transect Zone and a Future Land Use Map ("FLUM") designation of General Commercial; and WHEREAS, the site contains an existing legal nonconforming commercial structure ("Structure") consisting of approximately 15,997 square feet and originally permitted 2000; and WHEREAS, the current Structure contains an Adult Entertainment Use known as "Club El 1 even" on the ground floor and mezzanine and a restaurant known as "The Rooftop", on the rooftop; and WHEREAS, the Adult Entertainment Use has continued to operate from the effective date of the Miami 21 Code (May 20, 2010) to present; and WHEREAS, the Applicant applied via an Exception to extend the Time Limitation for the Adult Entertainment Use for another twenty (20) years to May 20, 2050 pursuant to Section 7.2.6(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, no expansion of the actual Use or Structure is proposed under this Exception application; and City o1 Miami Page 1 of 7 File ID: 6335 (Revision: B) Printed On: 12/17/2019 File ID: 6335 Enactment Number: R-19.0436 WHEREAS, a Certificate of Use was issued for the Property on April 12, 2000 for Adult Entertainment; and WHEREAS, on April 13, 2000, the City approved Ordinance No. 11916 (effective May 13, 2000), which imposed certain limitations for specific Uses, such as Adult entertainment and, with the adoption of such Ordinance, the "Gold Rush Adult Nightclub" became a legal nonconforming Use; and WHEREAS, on May 18, 2001, the City of Miami's ("City") Planning and Zoning Department issued Class II Special Permit #01-0123 to allow the operation of an Adult Nightclub named "Gold Rush" located within the "Entertainment Specialty District" under the 11000 Zoning Ordinance; and WHEREAS, in 2001, the City's Building Department issued a Building Permit (BD#01- 5012635) to allow the construction of a Structure followed by a Certificate of Use (CU# 032546) issued on August 19, 2003 to allow "Gold Rush Adult Nightclub" to operate within the Structure; and WHEREAS, Miami -Dade County records show that in 2013, the Applicant acquired the Property operated by "Gold Rush Adult Nightclub" and remodeled it to accommodate two (2) distinct establishments: 'Touche Tavern" (on the rooftop of the structure located at 15 Northeast 11 Street) and "El leven Miami Adult Nightclub" (on the ground floor and mezzanine of 29 Northeast 11 Street); and WHEREAS, on January 24, 2013, the City's Zoning Administrator issued a Zoning Verification Letter ("ZVL") confirming the continuance of the nonconforming Adult Entertainment Use for twenty (20) years from the effective date of the Miami 21 Code (May 20, 2010); and WHEREAS, on November 9, 2013, the City's Planning Department approved Warrant No.13-0058, with conditions, to allow an Alcohol Beverage Service Establishment within the "Park West Entertainment Specialty District" for the Property located at 29 Northeast 11 Street for "El 1 even Miami Adult Nightclub"; and WHEREAS, on September 5, 2017, the Applicant applied for two (2) Exceptions and a Waiver to the City's Planning Department to allow for alterations and expansion of the nonconforming use and structure by up to approximately 23%, adding approximately 3,616 square feet to the original structure containing 15,997 square feet; and WHEREAS, Section 7.2.3(b)(1) of the Miami 21 Code pertains to alterations and expansion of less than fifty percent (50%) of the square footage of a nonconforming Structure and states that alterations which enlarge the nonconformity of a nonconforming Structure to an extent of less than fifty percent (50%) of the total square footage of the nonconforming Structure may be permitted by Exception from the Planning, Zoning and Appeals Board; and WHEREAS, Section 7.2.6(c)(1)(b) of the Miami 21 Code states that where an alteration of a Structure containing a nonconforming Use is less than fifty percent (50%) of the square footage of the Structure at the time of the alteration, the nonconforming Use may be permitted to continue pursuant to an Exception; and WHEREAS, on May 16, 2018, the Planning, Zoning, and Appeals Board ("PZAB") approved the Exceptions and Waiver, with conditions, pursuant to Article 7, Section 7.2.3(b)(1) and Article 7, Section 7.2.6(c)(1)(b) of the Miami 21 Code through Resolution No. 18-023; and City of Miami Page 2 of 7 File ID: 6335 (Revision: B) Printed on: 12/17/2019 File ID: 6335 Enactment Number: R-19-0436 WHEREAS, the Zoning Administrator advised that the Applicant could seek an additional twenty (20) years with approval by the City Commission through May 20, 2050; and WHEREAS, documents and plans provided by the Applicant show that there is no increase of the square footage for the Use and, as such, no additional parking is required; and WHEREAS, the plans and documents provided by the Applicant to allow the extension of Time Limitation request are consistent with Article 7, Section 7.2.6(a) of the Miami 21 Code; and WHEREAS, the City's Planning Department finds the request to allow the Extension of Time Limitation for the existing legal nonconforming Adult Entertainment Use through and including May 20, 2050, is consistent with the goals and objectives of the Miami Neighborhood Comprehensive Plan ("MCNP") as it continues to encourage a development pattern that enhances existing neighborhoods and promotes a balanced mix of Uses; and WHEREAS, the City's Planning Department further finds that the proposed extension of Time Limitation will keep promoting and enhancing the choices of entertainment venues within the surrounding area, while providing the necessary measures to bring the Property more into compliance with the Miami 21 Code and safeguarding the neighborhood from any unpleasant disturbances; and WHEREAS, the PZAB at its meeting on July 17, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-028 failing to recommend approval to the Miami City Commission to allow an existing legal nonconforming adult entertainment use to operate for an additional twenty (20) years after the adoption of the Miami 21 Code; and WHEREAS, specifically, a motion was proffered at PZAB to recommend to the Miami City Commission approval of the requested Exception, with following conditions, which failed by a vote of three (3) members in support and four (4) members against (3-4); and WHEREAS, the Miami City Commission finds that the application complies with all applicable regulations, with conditions; and WHEREAS, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to approve, with conditions, the Exception to allow the legal nonconforming Use to operate an additional twenty (20) years until May 2050; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission approves, with conditions, the Exception requested pursuant to Article 4, Table 3; Article 7, Section 7.1.2.6; and Article 7, Section 7.2.6(a) of the Miami 21 Code. Section 3. The following shall be the conditions of the Exception: City of Miami Page 3 of 7 File ID: 6335 (Revision: B) Printed on: 12/17/2019 File ID: 6335 Enactment Number: R-19-0436 1. The use shall operate in substantial conformance with the plans as approved by the PZAB pursuant to Resolution No. 18-023 on May 16, 2018. Nothing in this condition shall obligate the owner and or operator to expand the non -conforming use and/or structure as approved by the PZAB on May 16, 2018. 2. All other Uses, height, and area regulations of the Miami 21 Code and all other applicable government/regulatory agencies shall be strictly complied with in the development and use of the property unless specifically varied or required herein. 3. The Adult entertainment Use shall be operated at all times with due regard for the character of the surrounding district and the Planning Director may impose additional corrective conditions if, in the Planning Director's sole opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent properties. 4. All graffiti on the site shall be removed or painted over to match the color of the surface to which it is applied within 24-hours of its occurrence. 5. Free water shall be provided to patrons of the Adult entertainment Use upon a customer's request. 6. A copy of this Exception, including all conditions and/or letters of clarification shall be printed on the building plans submitted to the Planning Department and the Building Department for purposes of having a permit issued at any time during the term of this Exception. In addition, a copy of this Exception including all conditions shall be posted on site and visible and accessible to all employees. 7. The Applicant shall install and maintain security cameras that cover all common areas of the business, high -risk areas, entrances, and exits. Proof of security camera installation shall be provided to the Planning Director. The video records shall be made available to law enforcement upon request. 8. The Applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under the control of the establishment to ensure behavior that does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. 9. The Applicant shall be responsible for maintaining free of debris or litter the area adjacent to the premises over which they have control, including the sidewalk in front of the establishment. 10. An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees working the entrance for patrons to the establishment shall be instructed in its use. 11. During the hours of operation, a minimum of one (1) on -duty manager with authority over the activities within the facility must always be on the premises when the facility is open to the public. The on -duty manager's responsibilities shall include the monitoring of the premises to ensure compliance with all applicable laws, requirements, and the conditions Imposed herein. Every effort shall be undertaken in managing the City of Miami Page 4 of 7 File ID: 6335 (Revision: B) Printed on: 12/17/2019 File ID: 8335 Enactment Number: R•19.0436 facility to discourage illegal and criminal activity on the subject premises and any exterior area over which the building owner exercises control in effort to ensure that no activities associated with such problems as narcotics sales, use or possession, gambling, prostitution, loitering, theft, vandalism, or truancy occur. 12. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments, or any other musical devices on or about the premises between the hours of 11:00 p.m. and 7:00 a.m. the following day, unless said music devices are played or operated within enclosed building and the sound is not audible form the outside of the building so as to disturb the quiet, comfort, or repose of persons in any dwelling, lodging, or residence. The establishment shall make efforts to control any unnecessary noise made by staff or any employees contracted by the establishment or any noise associated with the operation of the establishment. 13. Due to previous historic noise violations, all fines resulting from future noise violations shall be levied at the highest level imposed by the City. 14. Upon the City Commission's approval of a third -party entity, the Applicant shall use and pay such approved qualifying third -party entity to administer off -duty work details of all off -duty police officers that provide security services at the Property. Said third -party entity will be directly responsible for managing and administering the assignment of and transmittal of payments for services rendered by off -duty police officers. The Applicant will further abide by all rules, policies and procedures of the City regarding the hiring and payment of off -duty police officers, including the immediate prohibition of cash payments. 15. Prior to the effectuation of this Exception, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the Miami -Dade County Clerk of Courts. The agreement (standard master covenant and agreement form) shall run with the land and shall be binding on any subsequent owners, heirs, or assigns. The agreement with the conditions attached must be submitted to the Planning Department and the Office of the City Attorney for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date shall be provided for inclusion in the City's case file. Fees required by the Code of the City of Miami, Florida, as amended, for Monitoring of Exception and Inspection and Field Compliance Review of Operations shall be paid to the City prior to the final clearance of this condition. 16. Failure to comply with the conditions herein shall result in the revocation of this Exception Permit by the City Commission using the process described in Section 7.1.1.4(b)(8) of the Miami 21 Code. 17. INDEMNIFICATION AND REIMBURSEMENT OF LITIGATION COSTS. The Applicant shall do all the following: a. Defend, indemnify, and hold harmless the City from any and all actions against the City relating to or arising out of, in whole or in part, the City's processing and approval of this entitlement, including but not limited to, an action to attack, challenge, set aside, void, or otherwise modify or annul the approval of the entitlement, the environmental review of the entitlement, or the approval of subsequent permit decisions, City o1 Miami Page 5 of 7 File ID: 6335 (Revision: 8) Printed on: 12/17/2019 File ID: 6335 Enactment Number. R-19-0436 or to claim personal property damage, including from inverse condemnation or any other constitutional claim. b. Reimburse the City for all costs incurred in defense of an action related to or arising out of, in whole or in part, the City's processing and approval of the entitlement, including but not limited to payment of all court costs and attomey's fees, costs of any judgments or awards against the City (including an award of attorney's fees), damages, and/or settlement costs. c. Submit an initial deposit for the City's litigation costs to the City within ten (10) days' notice of the City tendering defense to the Applicant and requesting a deposit. The initial deposit shall be in an amount set by the Office of the City Attorney, in its sole discretion, based on the nature and scope of action, but In no event, shall the initial deposit be less than $15,000.00. The City's failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City. d. Submit supplemental deposits upon notice by the City. Supplemental deposits may be required In an increased amount from the initial deposit if found necessary by the City to protect the City's interests. The City's failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City. e. If the City determines it necessary to protect the City's interest, execute an indemnity and reimbursement agreement with the City under terms consistent with the requirements of this condition. The City shall notify the Applicant within a reasonable time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the Applicant of any claim, action, or proceeding in a reasonable time, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City with that particular Action. The City shall have the sole right to choose its counsel. At its sole discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the Applicant of any obligation imposed by this condition. In the event the Applicant fails to comply with this condition, in whole or in part, the City may withdraw its defense of the action, void its approval of the entitlement, or take any other action. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation. For purposes of condition #17, the following definitions apply: "City" shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers. "Action" shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Actions include actions, as defined herein, alleging failure to comply with any federal, state, or local law. Nothing in the definitions included in this paragraph are intended to limit the rights of the City or the obligations of the Applicant otherwise created by this condition. City of Miami Page 6 of 7 File ID: 6335 (Revision: B) Printed on: 12/17/2019 File ID: 6335 Enactment Number. R-19-0436 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 5. This Resolution shall have an immediate effective date.' APPROVED AS TO FORM AND CORRECTNESS: o a • deli i Ciiy ttor ey 12/16/2019 1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever Is later. City of Miami Page 7 of 7 File ID: 6335 (Revision: B) Printed on: 12/17/2019 July 25, 2023 RE: Triple Vision INC. 3875 Shipping Avenue, Miami, FL 33146 Folio # 01-4117-003-2400 To Whom it may concern: I, Eric Langan, as President of Sunshine Mortgage Investors Inc., Landlord of the property referenced above, allow Triple Vision Inc. (Tenant) represented by Louis J. Terminello, Esq. on behalf of Greenspoon Marder LLP to go forth with filing an Exception Application with the City of Miami to allow the extension of the existing nonconforming adult entertainment use pursuant to Sec. 7.2.6.a, Miami 21. 5tgnature Eric Langan President Sunshine Mortgage Investors Inc. T e foregoing was NnSworn to and Subscribed OR ( ) Acknowledged before me this 1.5 day of , 2023, by r; c. LC' r1 U•r\ as President of Sunshine Mortgage Investors Inc. who is (A....) personally known to me OR ( ) who produced as Identification. NC I'ARY P1 BLIC My Commiss on Expires: r2,.- 15 /2-0 -1 YUSEF MALIK BUGGS Notary Public, State of Texas 4 Comm. Expires02-15.2027 ,��''fis ` Notary ID 13420435-0 MENU jplavmatesclubmiami.coml SEASONED GRILLED WINGS $10 10 Wings served with choice of Buffalo, BBQ, Ranch, or Blue Cheese [playmatesclubmiami.com] CHICKEN TENDERS $8 Large Golden -Brown Tenders served with Ranch [playmatesclubmiami.com] FRIED MOZZARELLA $7 Beer Battered Mozzarella Sticks Fried to perfection and served with Marinara [playmatesclubmiami.coml 10" PERSONAL PIZZA $g - $11 Cheese $g I Pepperoni $11 [playmatesclubmiami.coml CHICKEN QUESADILLA $8 Tortilla filled with Seasoned Chicken, Cheddar, Monterrey. Served with Salsa & Sour Cream [playmatesclubmiami.com] HAM CROQUETTES $8 [playmatesclubmiami.com] FRIED CALAMARi $12 Tenderly Fried Calamari served with Marinara [playmatesclubmiami.coml SEASONED FRIED $6 [playmatesclubmiami.coml SAMPLER PLATTER $12 Beer Battered Mozzarella, Chicken Tenders, and Ham Croquettes [playmatesclubmiami.coml CHEESEBURGER $10 1/2 Burger with Cheese, Lettuce, Tomato, and Onion [playmatesclubmiami.coml GRILLED CHICKEN SANDWICH $10 Seasoned Grilled Chicken Topped Lettuces, Tomato, and Onion [playmatesclubmiami.com] GRILLED CHICKEN WRAP $16 Large Tortilla Filled with Chicken, Lettuce, Tomato, Shredded Cheese, and Mayo [playmatesclubmiami.coml CAESAR SALAD $10 Add Chicken - $2 [playmatesclubmiami.com] GARDEN SALAD $8 Lettuce, Tomato, Onions, Croutons, and Cheese. Add chicken - $2 [playmatesclubmiami.com] IPLH VISION TNCORPORA' VALET PARKING AGREEMENT The Parking Agreement ("Agreement") is between Triple Vision Inc. ("Triple Vision") and Graceland Valet Services, Inc. ("Client") for valet parking service located at 3875 Shipping Avenue, Miami, FL 33146. In consideration of the parking services provided by Triple Vision for the below, Client agrees to be bound by all the following terms and conditions by signing this Agreement. TERMS AND CONDITIONS: 1. Valet Parking. Valet parking is offered by Triple Vision for the convenience of customers so long as the customer is a guest of Triple Vision. 2. Payments by Client. Client agrees to pay $400.00 weekly for use of parking spaces. Payments shall be made by Client to manager on duty. 3. No Duty to Patrol. Client acknowledges that Triple Vision has no duty to patrol or post security at the Triple Vision's parking lot. 4. Items Left in Vehicle. Triple Vision shall not be responsible for damage or loss to possessions or items left in customer's vehicle at any time. 5. Damage to Vehicle. Triple Vision shall not be responsible for damage to the Customer's vehicle whether or not such damage is caused by other vehicle9s) or person(s) in parking lot and surrounding area. 6. Parking Lot Attendants. Triple Vision is not responsible for providing parking lot attendants, also referred to as valets, to park vehicles. 7. Acceptance of Risk. Client agrees to assume responsibility for the risk of property damage while Client's vehicle is parked on Triple Vision property and/or parked by the Client's valets. 8. Release of Indemnity. CLIENT AGREES TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE TRIPLE VISION, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS. CLIENT AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS TRIPLE VISION, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LOSS, LIABILITY, THEFT,DAMAGE, OR COST THAT MAY INCUR DUE TO THE VALET PARKING OF CUSTOMER'S VEHICLE UPON TRIPLE VISION PROPERTY. 9. Termination of Agreement. The Agreement can be terminated by Triple Vision or the Client at any time. 30 days notice is required on behalf of either Triple Vision or the Client. Neither party shall incur any fees or penalties. 4iiii A " r " ,may TERN OF THIS VALET PARKING AGREEMENT. Elvis Ramirez -Garcia, Owner Graceland Valet Services, Inc. Date 1 2'3 ? essani Kalda, (Teeral Manager Date Triple Vision, Inc. ACG ® CERTIFICATE OF LIABILITY INSURANCE o PUei,� DATE (MMID ro�Ev 03/29/ 23NO1P THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLD . T a CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PO°aOO, wce, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING'%NS! IRER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Qy IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BIA & Company 320 Sevilla Ave Suite 201 Coral Gables FL 33134 CONTACT Fatian Pastora NAME: PHONE FAX 456-1410 (A/C. No. Exti: (786) 456-1400 (Alc, No (786) E-MAIL f astora biaandco.com ADDRESS: P INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: TRAVELERS INSURANCE CO. INSURED GRACELAND VALET SERVICES, INC 888 Brickell Key Drive # 2605 Miami FL 33131 INSURER B : COLONY INSURANCE COMPANY INSURER C: INSURER D : INSURER E : INSURER F : • COVERAGES l.tic i Irm.p r m rvarnrror.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF JMM!OD/YYYY] POLICY EXP 1MMIDD/YYYY] LIMITS LTR X COMMERCIAL GENERAL LIABILITY GP8512199 03/12/2023 03/12/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ EXCLUDED CLAIMS -MADE �/ X OCCUR MED EXP (Any one person) S PERSONAL & ADV INJURY $ 1,000,000 B GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- [X JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED V / ‘ SCHEDULED AUTOS NON -OWNED AUTOS ONLY GP8512199 03/12/2023 03/12/2024 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ 1,000,000 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Aggregate $ 2,000,000 UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? Y (Mandatory in NH) If yes, describe under D GARAGE KEEPER GP8512199 03/12/2023 03/12/2024 $100,000 Per Vehicle $500,000 Max- Loc Ded Comp$1,000 Ded Coll$1,000 DESCRIPTION Valet Triple Location: OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Services vision Inc., Listed as additional insured. 3875 Shipping Ave Miami, FL 33146 CERTIFICATE HOLDER Triple Vision Inc 3875 Shipping Ave Miami FL 33146 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P« by + Retvrri-ro : $ 4 #7;o i Fr 21210PG3858 WARRANTY DRETI THIS INDENTURE, made this e17 day of April A.D. 2003, between ALLEY REALTY, INC., a Florida corporation as GRANTOR, and SUNSHINE MORTGAGE INVESTORS, INC., whose post office address is 2- Aiisi.mtb,74 P/474 5DS f_orJt a4/ 3",,' GRANTEE. letxgVo of `f117 CO • 43R284722 2003 HAY 01 10:47 DOCSTPDEE 6r600.00 SURTX 4,950.00 HARVEY RUVINr CLERK DADE COUNTY FL (Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals.) WITNESSETH, that the GRANTOR, for and in consideration of the sum of Ten Dollars (S10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the GRANTEE all that certain land situate in Miami -Dade County, Florida, viz: Lots 41, 42, 43 and 44, in Block 12, of REALTY SECURITIES CORPORATION'S PLAT OF COCONUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. This conveyance is subject to the following: 1. Taxes and assessments for the year 2003 and subsequent years. 2. Conditions, restrictions, limitations, dedications, existing zoning ordinances and easements of record including, but not limited to, water, sewer, gas, electric, and other utility agreements of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the GRANTOR hereby covenants with said GRANTEE that it is Lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said GRANTOR. 1 IN WITNESS WHEREOF, the GRANTOR has hereunto signed and sealed these presents the day and year first above written. Signed, sealed and delivered ALLEY REALTY, INC., a in the presence of: Florida corporation 4 IzLI By frtr. Ce..rosacb Title- r^e s I d?.r.O" Address. '/Iy c/Q "Ad 71 7 5i'ire /»r ,421,L,s+1 fi 33/7.4. BEFORE ME, the7- undersigned authority, appeared C S Tar C SQ o as 1 f s 1411-0-r. (Title) of ALLEY REALTY, INC., who is ptsonally known to or who has provided as identification, and acknowledged that he/she executed the foregoing instrument for the purposes expressed therein. WITNESS my hand and seal in the State and County aforesaid, this ___ day of April 2003. This trL.tnsoartpreparedby. J M+.. P."11 elubers. aay.oe. xukott& Sept, P.A. 25 S E Second Avg Suite 730 Miami. Florida 33131 993-5v687rarcV174ss NOTARY PUBLiC, State of Florid Print Name' My Commission Expires: Ft,yt FJy`F RL 1. HARRY AXBERG MY COMMI SSION CCV4U1N �4�OtreF L 1'11{FS:Jun1F.?WA s-booSN07ARY FLII-Jury Servo&6a-ffiq.lne. RCCORDCO (N OFFsCdAL RECOROS 000J( OF DADE COUNTY FLORIDA RECORD VERIFIED HARVEY RUVIN CLERK CiRCUIT COURT LEASE EXTENSION AGREEMENT BETWEEN SUNSHINE MORTGAGE AND TRIPLE VISION THIS AGREEMENT is made and entered into by and between TRIPLE VISION ("Lessee"), and SUNSHINE MORTGAGE INVESTORS, INC., ("Lessor"). WHEREAS, Lessee and Lessor are parties to a certain Nightclub Lease agreement dated June 1, 2003, including any amendment thereto, if applicable (the "Lease") pursuant to which Landlord leased certain property (hereinafter referred to as the "Premises") at 3375 Shipping Avenue, Miami, Florida 33146. A copy of the Lease is _.____.____ _ Ito and incorporated herein as Exhibit "A"; WHEREAS, Lessor and Lessee now desire to enter into a Lease Extension Agreement (the "Extension") in which Lessor hereby agrees to Extend the certain Lease between Lessor and Lessee for the Premises. WHEREAS, the current Lease between the Lessor and Lessee expires on May 31, 2018, and the current Lease requires the written consent of Lessor's Agreement to Extend the Lease thereof. NOW, THEREFORE, in consideration of the foregoing, and for value received, the sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties do hereby agree as follows: 1. WHEREBY Lessor hereby agrees to extend the Lease between Lessee and Lessor for the Premises known as: 3875 Shipping Avenue, Miami, Florida, 33146, for an additional five (5) years commencing on -June 1, 2018 and -ending -on May 31, 2023 2. Lessee hereby agrees to accept and be bound by the Agreement, pay all rent and other charges due, and punctually perform all remaining obligations imposed upon the Lessee in the Lease accruing after the date of delivery of possession to the Lessee as contained herein. 3. The parties acknowledge that Lessee shall remain in possession of the leased Premises to Lessee until the expiration of the Extension Agreement unless a future extension is granted on June 1, 2023; time being of the essence. Rent shall be as follows: The rent will continue to increase 4% annually on the first of December of each successive year during the lease extension period, other than an extension of the lease and the payment of the 4% yearly increases all other terms of the lease remain the same. 4. Lessee will, effective as on the Date of Extension and during the remainder of the term of the Lease, pay the sums thereafter arising as and when the same become due and payable pursuant to the provisions of the Lease and as outlined in paragraph 3, and faithfully observe and perform all covenants and conditions contained in the Lease which arise from and after the date thereof. Lessee agrees that Lessor's consent to this Extension shall not be deemed or construed to be a waiver of any term, covenant, condition or provision of said Lease nor a consent to any other transfer or assignment thereof. 5. The Lessor hereby reaffirms and re -makes all of the covenants, agreements, and representations contained in the Lease so that such covenants, agreements, and representations have the same force and effect as of the date hereof as they did on the date of the Lease. 6. The parties acknowledge the Lease to be in good standing and in full force and effective without modification except for the modification of rent payments and extension dates. 7. This agreement shall be binding upon and to the benefit of the parties, their successors, assigns and personal representatives. 8. Entire Agreement: The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by all parties. Signed this 2 i day of July, 20I3. In the presence of: Witness (j s e- Ca - Witness ,sin basal..S Witness A(t'f' (A,5 C4, (, . By: Witness IRVING, EVENSON, Secretary/Treasurer Lessee: TRIPLE VISION By: RICHAARD-K. STANTON Lessor: SUNSHINE MORTGAGE INVESTMENTS, INC. By: RICHARD K. STANTON, President By: D HYATT, Vice President Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 PAYMENT SCHEDULE $10,000.00 + plus sales tax $10,400.00 + plus sales tax $10,816.00 + plus sales tax $11,248.64 + plus sales tax $11,698.59 + plus sales tax $12,166.53 + plus sales tax $12,653.19 + plus sales tax $13,159.32 + plus sales tax $13,685.69 + plus sales tax $14,233.12 + plus sales tax $14,802.44 + plus sales tax $15,394.54 + plus sales tax $16,010.32 + plus sales tax $16,650.74 + plus sales tax $17,316.76 + plus sales tax $18,008.00 + $497.00 = $18,505.00 $18,728.00 + $476.00 = $19,204.00 T,FASF DATE' T,ANDT,OR D• TENANT. TENANT'S ADDRESS• T.FASED PREMISES ADDRESS• RFNTART,F AREA• TENANTS USE. NAME TO RF, T TSFD BY TENANT. T,FASE TERM. COMMENCEMENT DATE• MTNTMT TM ANNT TAT , RENT ADDTTTONAT, RENT. TEASE FACE PAGE* as of the 15 day of June 2003. Sunshine Mortgage Investors, Inc. Irving B. Levenson, Secretary/Treasurer 780 N.E, 69 Street Apt # 2209 Miami, Florida 33138 Double Vision, Inc. Overnight and priority communication; Rent payments and all other correspondence 3875 Shipping Avenue, Mianu, Florida 33146 3875 Shipping Avenue, Miami, Florida 33146 Consists of free standing building (the `Building") as shown on Exhibit "A" as well as Improvements Adult entertainment facility Alley Cat Fifteen (15) years from the Commencement Date June 1, 2003 Lease Year 1: $120,000.00 annually; $10,000.00 rent per month, plus sales tax. Thereafter, during the Lease Tenn and each Lease Year, increases of 4% o over prior lease year rent, payable monthly, plus sales tax Tenant is responsible for all real property taxes, insurance, maintenance, repairs, replacements, utilities, waste fees, landscape fees and all other expenses associated with the Leased Premises (this is a net, net, net lease). PAID ST TMS ON STGNTNCT• First month rent plus sales tax for a total of $10,700.00. *This is a legally binding document. Please read it thoroughly before you sign; the items contained on this FACE PAGE relate to various of the contents of this Lease. There are no agreements between the parties unless contained in writing in this Lease. Alley Cat Lease — 2/20/2003 Page 1 — INDEX TO I .EASE 1. Description of Leased Premises 3 2. Term / Possession / Commencement Date 3 3. Rent 3 4. Common Areas 4 5. Tenant Improvements 4 6. Condition of the Premises; Signage 5 7. Use and Operation of Business; Quiet Enjoyment 6 8. Insurance 8 9. Subrogation 9 10. Relationship of Parties 9 11. Services; Utilities 9 12. Default 9 13. Damage to Premises or Building 11 14. Right to Enter the Premises 12 15. End of Term 12 16. Exculpation 12 17. Captions and Paragraph Numbers 13 18. Transfer of Landlord's Interest; Successor; Assignment or Sublease by tenant 13 19. Counterclaims; Attorney's Fees; Court Registry 13 20. Parking 13 21. Notice 13 22. Subordination; Attornment 14 23. Estoppel Certificate and Financial Statement by Tenant 14 24. Force Majeure 15 25. Eminent Domain 15 26. Broker 15 27. Liens 16 28. Time 16 29. Waiver 16 30. Interpretation; Applicable law 16 31. Authority 16 32. Recording of Lease 17 33. Sale 17 34. Landlord's Right to Cure Default 17 35. Institutional Lender 17 36. Environmental Provisions 17 37. No Light, Air or View Easement 18 38. Waiver of Jury Trial 19 39. Radon Disclosure 19 Alley Cat Lease - 2/20/2003 Page 2 - ,EASE AGREEMENT NOTE: See "Face Page" for the description of certain terms used in this Lease, which "Face Page" and terms are incorporated herein by reference. THIS LEASE AGREEMENT ("Lease") is executed as of the Lease Date (as defined on the Face Page), by and between the "Landlord" as described on the Face Page of this Lease (hereinafter referred to as "Landlord" or "Lessor") and the "Tenant" described on the Face Page of this Lease (hereafter referred to as "Tenant" or "Lessee"). 1. Description of Leased Premises (a) Subject to the terns and conditions hereinafter set forth, and in consideration of the duties, covenants and obligations contained in this Lease, Landlord does hereby lease, demise and let to Tenant and Tenant does hereby lease, demise and take from Landlord the Premises described in Exhibit "A" and incorporated herein by reference (hereinafter referred to as "Leased Premises", "Demised Premises" or "Premises"), which Premises consist of the Building indicated on the Face Page of this Lease (hereafter referred to as the "Building") and improvements, primarily consisting of parking areas, landscape areas and certain other improvements (hereinafter referred to as the "Improvements"). (b) Tenant acknowledges that prior to the execution of this Lease, it has had the opportunity to inspect the Premises, the Building and the Improvements. 2. Term / Possession / Commencement Date (a) Delivery of possession within the meaning of this Lease shall be accomplished by Landlord's tender to Tenant of the keys to the Leased Premises on the Commencement Date. It is conclusively acknowledged that there is no Landlord's Work under this Lease and Tenant takes the Leased Premises hereunder in its "as is" condition. (b) Landlord hereby leases and Tenant hereby rents the Premises from the Commencement Date for the Lease Term of Fifteen (15) years, unless sooner terminated in accordance with the terms of this Lease, 3. Rent (a) The base rent ("Rent") during the term of this Lease shall be the Minimum Annual Rent set forth on the Face Page of this Lease plus applicable sales tax, which Rent shall be payable in equal monthly installments ("Monthly Rent") as set forth on the Face Page of this Lease, plus applicable sales tax, due in advance on the first (1st) day of each calendar month and payable to Landlord at the address shown on the Face Page of this Lease, or such other address as Tenant shall be notified in writing. During the term of this Lease, Tenant agrees to pay Landlord Rent as and when required hereunder, without deductions or setoffs and without prior demand therefor. Rents shall be paid so that rents are received on or before the first day of the month. Concurrently with its execution of this Lease, Tenant has delivered to Landlord payment of an amount equal to the amounts prepaid on signing this Lease, as set forth on the Face Page of this Lease, including sales tax. Without limiting the rights of Landlord under Paragraph 12 below, any Rent, Additional Rent (as defined below) or other payment not made within five (5) days of the due date shall require payment of a late charge equal to 5% of the amount of delinquent Rent for the month in which late payment is made. In the event of a default in the payment of any rent due hereunder, all unpaid sums, shall be subject to accrual of interest at the rate of eighteen percent (18%) per annum from the date when due until the date paid. (b) The first "Lease Year" shall mean the period beginning on the Commencement Date and expiring on the last day of the twelfth full calendar month thereafter. Any subsequent "Lease Year" shall mean a period of twelve (12) calendar months commencing on the first day of the month following the expiration of the first "Lease Year" or the applicable anniversary thereof. (c) Starting with the second lease year and each lease year thereafter, the base rent shall increase by 4% over the prior lease year, payable monthly plus sales tax, as provided for in this lease. Alley Cat Lease — 2/20/2003 Page 3 — (d) Tenant shall pay to Landlord monthly all sales, use or similar taxes from time to time imposed in connection with all Rents paid by Tenant under this Lease, including any extensions hereof. (e) In addition to the Minimum Annual Rent and all other charges specified herein, Tenant shall be responsible for all "Operating Expenses" for the Building. "Operating Expenses" shall mean the cost of operating and maintaining all lighting, paving, curbs, walkways, landscaping, sprinklers, drainage, waste disposal and biohazardous or medical waste facilities as well as general clean up, janitorial, guard or security service or facilities, if applicable, electrical, water, sewage and materials and supplies all relating to operating and maintaining the Building. (f) Tenant shall pay the cost of insurance coverage for the full insurable value of the Building and the Improvements at Tenant's sole cost and expense including property, casualty, windstorm and, if applicable, flood insurance coverages for the Building. Further, Tenant at Tenant's expense shall purchase liability insurance as provided in this Lease. Such insurance coverages shall be entirely separate from any coverages which the Tenant obtains for liability insurance, contents coverage, business interruption or such coverages as Tenant is require to obtain or otherwise elects to obtain in conjunction with this Lease and in conjunction with the operation of Tenant's business at the Leased Premises. Landlord shall be named as additional insured with respect to property and liability insurance and the policy may not be cancelled except upon no less than twenty (20) days prior written notice to Landlord. Tenant shall forward to Landlord proof of insurance prior to the commencement of the Lease. (g) Tenant shall, at Tenant's sole cost and expense, pay all real property and personal property taxes associated with the premises, the Building and the Improvements prior to January 1 of the year following the date upon which the tax bills are issued by the Miami -Dade Tax Collector's office. Copies of paid receipts shall promptly be provided to the Landlord. With regards to the first and the last year of the Lease, Tenant will pay to Landlord, within ten (10) days of written request from Landlord, Tenant's pro rata share of the applicable property taxes and Landlord shall pay the real property tax bill for such years where a proration is made as between the Landlord and Tenant for the property tax liability. 4. Common Areal Landlord shall not be obligated to provide any type of security in or about the Common Areas or the Leased Premises for Tenant, its customers, guests, contractors, concessionaires, agents, lessees or invitees, nor guarantee the safety or security of Tenant, its customers, guests, contractors, concessionaires, agents, lessees or invitees, and should Landlord be made a party to any litigation commenced as a result of Landlord's alleged failure to provide security for Tenant, its customers, guests, contractors, concessionaires, agents, lessees or invitees, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attomey's fees incurred or paid by Landlord in connection which such litigation. In the event that the police for the City of Miami, any other police authorities, or the insurance carrier which provides coverage for the Building or the premises determines that circumstances exist arising from or relating to the use of the Building by the Tenant which require security services to be provided, then Tenant shall provide a reasonable level of security services for the Building and the premises. Tenant shall provide Landlord with written confirmation of the contractual arrangements for such security services and any security personnel shall be fully licensed and insured under applicable Florida law. No employees or contractors for Landlord shall perform any work for Tenant except upon express written instructions from Landlord. 5. Tenant Tmprovementc Except as otherwise provided in the Lease, any work or equipment other than those items specifically agreed Alley Cat Lease 2/20/2003 Page 4 — to be performed by Landlord, if any, shall be fully paid for by Tenant, at its own cost and expense, including but not limited to all architect/planner services, trade equipment, furniture, operating equipment, furnishings, fixtures, and any other equipment and work necessary for the operation of Tenant's business. Tenant agrees to utilize for such Tenant's Work only such designers, architects, space planners and contractors and subcontractors as may be approved by Landlord. All such persons or entities shall be properly licensed and insured for such work or such services and all work and all services shall be provided in accordance with applicable law. As a result of Landlord's review of the plans and specifications for any Tenant improvements which Tenant wishes to make, Landlord may require the establishment of an escrow account for the costs of the work associated with the Tenant improvements, including but not limited to demolition work. The amount of the escrow shall be established in the reasonable discretion of the Landlord based upon the projected cost of the demolition work and the cost of construction of the Tenant improvements and shall be disbursed upon such conditions as Landlord shall reasonably require in a manner which is typical of the disbursement arrangements made by a construction lender. 6. Condition of the Premises; Signag•. Tenant covenants and agrees that it will not make alterations, improvements or additions to the Leased Premises during the term of this Lease without first obtaining the written consent of Landlord. Tenant will not cut or drill into, or secure any fixture, apparatus or equipment of any kind to any part of the Leased Premises without the prior written consent of Landlord. Tenant shall not exhibit, inscribe, paint or affix any sign, advertisement, notice or other lettering on any part of the outside of the Leased Premises or of the Building, or inside the Leased Premises if visible from the outside, without Landlord's prior written consent. Tenant shall be entitled to Building signage allowed under applicable building and zoning codes, subject to the following. Tenant shall riot place or permit to be placed in, upon, or about the Building any exterior lights, decorations, balloons, flags, pennants, banners, advertisements or notices, or erect or install any signs, windows or door lettering, placards, decorations, or advertising media of any type which can be viewed from the exterior of the Building without obtaining Landlord's prior written, consent. Tenant shall remove any sign, advertisement or notice placed on the Building by Tenant upon the expiration of the Term or sooner termination of this Lease, and Tenant shall repair any damage or injury to the Building, all at Tenant's expense. If any signs are not removed, or necessary repairs not made, Landlord shall have the right to remove the signs and repair any damage or injury to the Building at Tenant's sole cost and expense. Landlord's consent under this Paragraph 6 shall not be unreasonably withheld. Tenant shall supply Landlord with three (3) complete sets of plans for all such alterations, improvements or additions. The cost of any and all alterations, improvements and additions made to the Leased Premises shall be the sole responsibility of the Tenant. Tenant shall be responsible for repairs to all improvements, which would be otherwise the responsibility of Landlord, where the acts or omissions of Tenant or Tenant's invitees or employees have resulted in damage or conditions requiring such repair or maintenance. The Tenant will at all times, from and after delivery of possession of the Demised Premises to the Tenant, at its own cost and expense, maintain the Demised Premises in good and tenantable condition, and make all needed repairs and replacements to the Demised Premises and every part thereof, including but not limited to, air conditioning, heat and ventilation to Tenant's Premises. The Tenant's obligations under this section shall include, but not be limited to, repairing, maintaining and replacing items as are required by any governmental agency having jurisdiction thereof, walls, (including exterior face of outside walls), ceilings, utility meters and conduits inside or outside the Demised Premises which are installed by Tenant, all fixtures, carpeting and other equipment within the Demised Premises, all the Tenant's signs, security grilles or similar enclosures, locks and closing devices, and all exterior and interior windows, window sash, casement or frames, doors and door frames, signs, floor coverings, lighting, electrical, plumbing and sewage facilities in the Demised Premises. The Tenant shall permit no waste, damage or injury to the Demised Premises and the Tenant shall initiate and carry out a program of regular maintenance and repair of the Demised Premises, including the painting or Alley Cat Lease — 2/20/2003 Page 5 — refmishing of all areas of the interior and exterior of the entire Demised Premises so as to impede, to the extent possible, deterioration by ordinary wear and tear and to keep the same in attractive condition. Throughout the term of this Lease, Tenant shall maintain at Tenant's expense a maintenance and service contract for the air conditioning and heating equipment serving its Premises, with a reputable company which is reasonably acceptable to Landlord, and including regular quarterly servicing and maintenance. The Tenant will not overload the electrical wiring serving the Demised Premises or within the Demised Premises, and will install at its expense, but only after obtaining the Landlord's written approval, any additional electrical wiring which may be required in connection with the Tenant's apparatus or equipment. The Tenant's obligations to maintain the Demised Premises in good and tenantable condition and to make the repairs required under this Paragraph 6 shall not be affected by whether the item which requires maintenance or repair was installed by the Landlord or the Tenant. If the particular item which requires maintenance or repair is to be maintained or repaired by the Tenant under the provisions hereof, such maintenance or repair shall be the responsibility of the Tenant. Any and all service companies and vendors which perform services or maintenance in the Demised Premises at the request of the Tenant shall be duly licensed by the applicable governmental authorities and insured with respect to any damages which may occur on the Demised Premises due to their activities. Tenant shall, during the term of the Lease, repair, maintain and if necessary, replace all glass, plate glass, doors, electric, plumbing, utilities and communication lines contained within the Building as well as heat ventilation and air conditioning systems. Landlord shall not be liable for any failure on the part of Tenant to make any such repairs or to perform any maintenance. There shall be no abatement of Rent and no liability to Tenant by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portions of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. If Tenant refuses or neglects to make repairs for which Tenant is responsible or if Landlord is required to make any repairs, including structural, by reason of Tenant's failure to do so, the Landlord shall have the right, but not the obligation, to make such repairs on behalf of and for the account of Tenant. In such event, such work shall be paid for by Tenant as "Additional Rent" promptly upon receipt of a bill therefor. 7. Use and Operation of Business; Quiet Enjoyment (a) Tenant shall use and occupy the Leased Premises solely and exclusively for the conduct of Tenant's Business (as defined on the Face Page of this Lease) and solely and exclusively under the Name (as defined on the Face Page of this Lease) and for no other purposes whatsoever except upon Landlord's prior written consent which shall not unreasonably be withheld. (b) Tenant shall: (i) Keep the Leased Premises and interior portions of windows, doors and all other glass in a clean and safe condition; (ii) Not place any excessive loads upon the floors of the Premises without advance written consent of the Landlord; (iii) Conduct its business and keep and maintain the Leased Premises in accordance with all applicable governmental laws, ordinances, rules and regulations; (iv) Comply at Tenant's own expense, with any and all requirements of any of the constituted public authorities, and with the terms of any State or Federal statute or local ordinance or regulation applicable to Tenant or its use of the Leased Premises, and hold Landlord harmless from penalties, fines, costs, expenses or damages resulting from Tenant's failure to do so; Leased Premises; (v) Immediately give to Landlord notice of any accident, fire or damage occurring on or to the Alley Cat Lease — 2/20/2003 Page 6 — (vi) Install such fire extinguishers, smoke detectors and other safety equipment as law may require; (vii) Comply with all requirements imposed from time to time by insurance companies, including but not limited to the proper storing, keeping or otherwise placing flammable materials, liquids or property at or around the Building; and (viii) Immediately dispose of any food or food derivative or other materials or products which may decompose or create a nuisance or obnoxious odors, at Tenant's sole expense and shall not allow same to remain at or around the Building. (ix) Not install any equipment or lights which generate an undue amount of heat in the Premises or use any high -power usage equipment in the Premises without obtaining the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay the costs to Landlord for installation of supplementary air conditioning capacity or electrical systems necessitated by such equipment. (x) Not use or permit to be used, any pyro techniques on it or about premises. (c) Tenant covenants and agrees that it will not cause any contamination of the Building and that it will conduct all of its operations in strict accordance with all applicable laws, rules and regulations and particularly those regarding hazardous and toxic substances. Tenant agrees to indemnify and save harmless the Landlord against all expenses, damages and liabilities, including court costs and reasonable attorneys' fees, which Landlord may incur as a result of the violation by Tenant of the provisions of this Paragraph 7 (c). (d) The Tenant shall not use or permit the Demised Premises to be used for any illegal purposes, and at the Tenants own cost and expense, the Tenant shall comply with all laws, rules, orders, ordinances, and regulations now in force or at any time issued, applicable to the Demised Premises or to the Tenants occupancy thereof, by the County, State, and Federal governments and of each and every depaitnient, bureau, and official thereof, and with any requirements of any fire underwriters bureau or similar entity. (e) The Tenant agrees not to commit or allow to be committed any nuisance or other act against public policy, at the Building. The Tenant agrees not to deface or damage the Building or Common Areas in any manner or overload the floors of the Demised Premises or any other portion of the Building or Common Areas. (f) So long as Tenant is not in default in the performance of any of its obligations under and pursuant to this Lease, Landlord covenants and agrees that Tenant, during the Tenn, shall freely, peacefully and quietly occupy and enjoy the full possession of the Leased Premises without molestation, hindrance, or ejectment by Landlord, anybody claiming through Landlord, or anybody claiming under title or interest paramount to Landlord. (g) Landlord represents and warrants that Landlord owns the fee simple title to the Premises; that Landlord has the full power, right and authority to make this Lease for the Term. (h) Landlord and Tenant hereby agree and acknowledge that the Premises may be subject to, among other laws, the requirements of the Americans with Disabilities Act, a federal law codified at 42 U.S.C. 12101 et seq., including, but not limited to Title III thereof, and all regulations and guidelines related thereto, together with any and all laws, rules, regulations, ordinances, codes and statutes now or hereafter enacted by local or state agencies having jurisdiction thereof, as the same may be in effect on the date of this Lease and may be hereafter modified, amended or supplemented (collectively the "ADA"). Any improvements made by Tenant shall be in compliance with the requirements of the ADA. Tenant shall be solely responsible for conducting its own independent investigation of this matter and for ensuring that the design of any Tenant's Work strictly complies with al requirements of the ADA. If any barrier removal work or other work is required to the Building under the ADA, then such work shall be the responsibility of the Tenant at the sole cost and expense of Tenant. Except as otherwise expressly provided in this provision, Tenant shall be responsible at its sole cost and expense for fully and faithfully complying with all applicable requirements of the ADA. Within ten (10) days after receipt, Tenant shall advise Landlord in writing, and provide Alley Cat Lease — 2/20/2003 Page 7 — Landlord with copies of (as applicable), any notices alleging violation of the ADA relating to any portion of the Premises; any claims made or threatened orally or in writing regarding noncompliance with the ADA and relating to any portion of the Premises; or any governmental or regulatory actions or investigations instituted or threatened regarding noncompliance with the ADA and relating to any portion of the Premises. Tenant shall and hereby agrees to protect, defend (with counsel acceptable to Landlord) and hold Landlord and Landlord's Agents haiiuless and indemnify Landlord and Landlord's Agents from and against all liabilities damages, claims, losses, penalties, judgments, charges and expenses (including attorney's fees, costs of court and expenses necessary in the prosecution or defense of any litigation including the enforcement of this provision) arising from or in any way related to, directly or indirectly, any violation of the ADA. Tenant agrees that the obligations of Tenant herein shall survive the expiration or earlier termination of this Lease. 8. Insurance Tenant shall carry, during the term hereof, general public liability insurance with a carrier and with policy limits reasonably satisfactory to Landlord, but which initially shall be not less than One Million Dollars ($1,000,000.00) in respect of bodily injury and death and One Million Dollars ($1,000,000.00) for multi -peril property damage from any cause whatsoever. Tenant shall at all times during the term hereof also maintain, at its own expense, fire, windstouu and such other peril insurance with extended coverage in companies acceptable to Landlord. Also, tenant shall insure its property against multi -peril, in an amount not less than the full replacement cost. Such coverage shall be for any loss or damage to Tenant's inventory, equipment, furniture, fixtures and other contents within the Leased Premises. Said policies shall name the Landlord and additional insured, as its interests may appear, and shall provide that same shall not be cancelled except after thirty (30) days prior written notice to Landlord. Tenant shall provide Landlord with proof of such insurance coverage prior to the Commencement Date of this Lease and immediately upon the renewal or change in any policy provided hereunder. All policies of insurance .provided for in this Paragraph shall be issued in form acceptable to the Landlord by insurance companies with general policyholder's rating of not less than A and a financial rating of X as rated in the most current available "Best Insurance Reports", and qualified to do business in the State of Florida. Each and every such policy: (a) shall name the Landlord and any other parties in interest from time to time designated in writing as additional insureds; (b) shall confirm to the Landlord and such other parties in interest by delivering a certificate of insurance within ten (10) days after delivery of possession of the Demised Premises to the Tenant and thereafter within thirty (30) days prior to the expiration of each such policy and as often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by the Tenant in like manner and to like extent; (c) shall be written as a primary policy which does not contribute to and is not in excess of coverage which the Landlord may carry; and (d) shall contain a provision that the Landlord and any such other parties in interest, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its servants, agents and employees by reason of the negligence of the Tenant. Tenant acknowledges that Landlord has provided consideration in entering into this Lease for purposes of being named as an additional insured in the insurance policies obtained by Tenant and but for the providing of such coverage as an additional insured, Landlord would not have entered into this Lease. The Tenant agrees that the Landlord shall not be responsible for any damage to the Tenant's stock in trade, furniture, equipment, contents, or other personal property or removable items of any kind situated in the Demised Premises, for any reason whatsoever, and the Landlord shall not be required to carry insurance to cover any such items. In the event that the Tenant fails to obtain any insurance required under this Lease or fails to famish the Landlord with proof of any such insurance as is required hereunder, the Landlord may, after giving ten (10) days Alley Cat Lease — 2/20/2003 Page 8 — written notice to Tenant, but shall not be obligated to, obtain the same and any and all costs associated with obtaining any such insurance shall be deemed Additional Rent and shall be payable by the Tenant to the Landlord forthwith, together with interest thereon at the highest legal rate from the time of advancement to the date of repayment thereof. The Tenant shall have no rights in any policy or policies maintained by the Landlord and shall not, by reason of payment by the Tenant directly as Additional Rent or as part of the Operating Expenses, be entitled to be named insured thereunder. The Tenant shall not do or suffer to be done, or keep or suffer to be kept, anything in, upon or about the Demised Premises which will contravene the Landlords policies, if any, insuring against loss or damage by fire or other hazards, or which will prevent the Landlord from procuring such policies in companies acceptable to the Landlord or which will in any way cause an increase in the insurance rates upon any portion of the Building. 9. Snhrogatiori To the extent available or permitted from their respective insurers, Landlord and Tenant hereby mutually waive their respective rights of recovery against each other to the extent any loss is insured against (and to the extent Tenant is required under this Lease to insure against) under fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer, to evidence compliance with the aforementioned waiver. 10. Relationship of Parties Anything contained in this Lease to the contrary notwithstanding, it is specifically agreed that Landlord shall in no event be construed or deemed to be a partner or engaged in a joint venture with, or an associate of, Tenant in the conduct of its business and that Landlord shall absolutely not be liable for any debts or other liabilities of any kind or sort whatsoever incurred by Tenant in the conduct of its business or otherwise. Nothing contained in this Lease shall be deemed or construed to confer upon Landlord any interest in the business of the Tenant. The relationship of the parties during the term of this Lease shall at all times be solely that of landlord or tenant. Tenant is prohibited from placing and causing, in anyway whatsoever, a lien to be put or placed on the leased property. 11. Services; Tltilities Tenant shall be responsible for the furnishing and payment of all utilities associated with the use of the Building, including but not limited to, electric, gas, water, sewer, telephone, telecommunications or other such services and utilities. Landlord is not obligated to furnish any services to Common Areas of the Real Property such as: electrical current for lighting, incidentals, and water at any points of supply provided for general use or otherwise. No electric current shall be used in the Common Areas except that approved by Landlord, nor shall electric cable or wire be brought into the Leased Premises, except upon the written consent and approval of the Landlord. Tenant shall use only office machines and equipment that operate on the Building's standard electric circuits, but which in no event shall overload the Building's standard electric circuits from which the Tenant obtains electric current. Such services are subject to interruption caused by repairs, renewals, improvements, changes of service, alterations, strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophes, national or local emergencies, acts of God and conditions and causes beyond anyone's control, and upon such happening, no claim for damages or abatement of Rent shall be made by the Tenant. 12. Default; Landlord's Remedies All rights and remedies of the Landlord herein enumerated shall be cumulative, and none shall exclude another or any other right or remedy provided by law: Alley Cat Lease - 2/20/2003 Page 9 - (a) If Tenant shall become bankrupt or insolvent or unable to pay its debts as such become due, or file any debtor proceedings or if Tenant shall take or have taken against it in any court pursuant to any statute either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement for the benefit of creditors, and Tenant fails to obtain a discharge within sixty (60) days thereafter then Tenant shall be in default hereunder and this Lease shall, at the option of Landlord, without notice or further opportunity to cure, terminate and Landlord, in addition to any other rights or remedies it may have, and subject to applicable Florida law, shall have the right of reentry and may remove all persons and property from the Leased Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. (b) If the Tenant defaults in the payment of Rent or Additional Rent and fails to cure such default within five (5) days of receipt of written notice from Landlord or his agents, or if Tenant, after twenty (20) days written notice fails to cure a default in the prompt and full performance of any other provision of this Lease, or if the leasehold interest or the Tenant's business or fixtures are levied upon under execution or attached by process of law, or the Tenant abandons the Premises, then and in any of such events, the Landlord may, terminate this Lease and the Tenant's right to possession of the Leased Premises, or terminate only Tenant's right to possession hereunder. Notwithstanding any terms of this Lease which may provide to the contrary, Landlord shall not be required to provide written notice of default in the payment of Rent or Additional Rent on the part of the Tenant, on more than two occasions during each Lease Year. If Tenant or such person or entity who is the purchaser of the business and assets from Alley Corp., a Florida corporation pursuant to the terms of the Asset Purchase Agreement between Alley Corp. and John J. Thomas defaults in the payment of the purchase money note which was provided pursuant to the terms of that Agreement, then such default shall also be deemed to be a default under the terms and provisions of this Lease and Landlord shall have the right to exercise all rights and remedies of Landlord arising in conjunction with such a default. (c) If Tenant defaults in any of its obligations hereunder, whether monetary or non -monetary, Landlord shall have the right, at its option, to declare all rents for the entire remaining term immediately due and payable subject to the grace periods referred to in subparagraph (b) above, but without regard to whether or not possession shall have been surrendered or taken by Landlord, and Landlord may thereafter commence an action thereupon and recover judgment therefor. (d) Upon any default under this Lease or a termination of this Lease, whether by lapse of time or otherwise, the Tenant shall surrender possession and vacate the Premises immediately, and deliver possession thereof to the Landlord, and Tenant hereby grants to the Landlord full and free license to enter into and upon the Premises in such event and subject to applicable Florida law, to expel or remove the Tenant and any others who may be occupying or within the Premises and to remove any and all property therefrom, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer, and without relinquishing the Landlord's rights to Rent or Additional Rent or any other right given to Landlord hereunder or by operation of law. The Tenant expressly waives the service of any demand for the payment of Rent or Additional Rent or for possession and the service of any notice of the Landlord's election to terminate this Lease or to reenter the Premises except as provided for in subparagraph (b) of this Paragraph 12. (e) The Landlord may, in the event of default by Tenant in the payment of any Rent or Additional Rent herein reserved, or in the performance of any term, covenant or condition herein contained to be kept or performed by Tenant, enter upon the Premises and subject to applicable Florida law, remove any and all furniture and personal property whatsoever situated upon the Premises. Any and all property which may be removed from the Premises by the Landlord pursuant to the authority of this Lease or of law, may be handled, removed or stored by Landlord at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to the Landlord, upon demand, all expenses incurred in such removal and all storage charges against such property so long as the same shall be in the Landlord's possession or under Alley Cat Lease — 2/20/2003 Page 10— Landlord's control. Landlord may place such property in storage for the account of, and at the expense of Tenant, and if Tenant fails to pay the cost of storing such property after it has been stored for a period of ninety (90) days or more, Landlord may sell any or all of such property. Tenant agrees that Tenant will at all times defend, protect, indemnify and hold Landlord and Landlord's agents harmless from any and all claims, actions, judgments, losses, damages, liabilities and expenses, including, without limitation reasonable attorneys' fees and court costs incurred by Landlord, regardless of the fact that no legal action has been commenced or filed against Landlord, which may be caused to the Building, or which may arise or be claimed against Landlord and be in favor of any person, firm or corporation for any injuries or damages to the person or property of any person, firm or corporation consequent upon or arising from 1) the use or occupancy of the Leased Premises by Tenant or Tenant's agents, or from any activity done, permitted or suffered by Tenant or Tenant's agents in or about the Premises, (including all activities relating to any improvements made by Tenant), 2) any acts, omissions, neglect or fault of Tenant, his agents, servants, employees, licensees, customers or invitees, 3) Tenant's failure to comply with the aforesaid laws, statutes, ordinances or regulations, or 4) any negligent, reckless or intentional acts taken by someone other than the Tenant which is directed at the Building either by anyone committing random or intentional acts of vandalism, criminal acts or actions associated or directed at any use which may be made of the Building. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. The obligations of Tenants under this Paragraph shall survive ay termination of this Lease. The foregoing indemnity shall not relieve any insurance carrier of its obligations under any policies required to be carried by either party pursuant to this Lease, to the extent that such policies cover the peril or occurrence that results in the claim that is subject to the foregoing indemnity. Landlord shall not be liable for injury or damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees or customers or any other person in or about the Leased Premises caused or resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Leased Premises or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Leased Premises or upon other portions of the Building of which the Leased Premises are a part. Landlord shall not be liable to Tenant or any third party for any damages arising from any act or neglect of any other tenant of the Building or any other person. In conjunction with the delivery and execution of this Lease, Tenant had entered into a Purchase and Sale Agreement with Alley Corp. for the purchase of the business known as The Alley Cat which is located at the Leased Premises. Tenant agrees that in the event there is any default under the terms and provisions of the Purchase and Sale Agreement, including but not limited to any of the purchase money payment obligations due from the Buyer, then such a default shall be deemed to be a default under the terms and provisions of this Lease and Landlord reserves all rights and remedies which Landlord is entitled to exercise under the terms of this Lease in conjunction with applicable Florida law. 13. Tlamag•. to Premises or Building If the Building shall be damaged by fire, the elements or other casualty, whether or not caused by the negligence, reckless or intentional act of Tenant, rent shall not be abated and Tenant shall be obligated to continue to pay the minimum base rent and all additional rent due hereunder. Landlord will cooperate with Tenant with regards to any claims which Tenant makes to the insurance carrier who may cover such losses so that the insurance proceeds may become available to use for the reconstruction of the Building for operation of the business of the Tenant therein. Tenant will obtain its own business interruption insurance which will provide coverage for the continued rental obligations which are due to the Landlord during the term of the Lease while the Building and the business therein is being reconstructed. Any work which is required to be performed will be done only with the consent and approval of the Landlord in accordance with the terms of paragraph 5 of this Lease. All insurance proceeds will be paid to Landlord and will be placed in an escrow account with Landlord's counsel or with another acceptable escrow agent for Alley Cat Lease — 2/20/2003 Page 11 — use in conjunction with the reconstruction of the Building or the business therein. As an alternative to the reconstruction of the Building and the business located at the Building, Tenant shall have the right to exercise the option to purchase the real property in accordance with the terms of this Lease but for market valuation purposes, the parties agree that notwithstanding any casualty loss to the premises or to the business, the fair market valuation will be made on the basis as if the Building continued to exist and had not been the subject of a casualty loss. The sums awarded by the insurance company for the loss will be applied towards the purchase price for the Leased Premises. Excess sums allocated to the loss of the business may be retained by the Tenant, so long as Landlord has been paid all rents accrued through the date that the closing on the purchase of the Leased Premises takes place and so long as Landlord has been paid the required purchase price for the Leased Premises. 14. Right to Enter the Premises Landlord, or any of its agents, shall have the right after giving reasonable verbal notice to Tenant, to enter the Leased Premises during all reasonable business hours, to examine same, and to make such repairs, additions or alterations as may be deemed necessary by Landlord. Landlord may show the Premises and hold out same for rent at any time within nine (9) months before the expiration of this Lease. The obligation to give advance notice and enter only during reasonable business hours shall not be applicable in the event of an emergency as determined in the exclusive discretion of the Landlord, in which event Landlord or its agents shall have the right to enter the Premises without notice. Tenant shall provide Landlord with a key to permit Landlord to enter the Premises at all times in the event of an emergency. 15. Fnd of Term At the expiration of this Lease, whether according to its terms, or as the result of the occurrence of an event herein stipulated as terminating the Lease, Tenant shall surrender the Leased Premises to the Landlord, and deliver all keys to Landlord. All alterations and additions to the Premises made by the Tenant in accordance with the terms of this Lease shall become immediately the property of the Landlord at the time said alterations or additions to the Leased Premises are made, and shall, at Landlord's option, remain upon the Leased Premises at the termination of this Lease. Alternatively, Landlord may require Tenant to remove at Tenant's expense all or part of Tenant's improvements at the end of the term of the Lease. The Tenant shall, at its own expense, repair any damage caused by the removal of any of Tenant's property at the termination of this Lease. Such repairs shall result in patching and plastering all wall, floor and ceiling surfaces that are damaged or left in an uneven or unfinished condition as a result of removal of Tenant's property. Tenant's obligation to perform hereunder shall survive the end of the term of this Lease and in the event the Landlord requires the removal of the Tenant's property, and Tenant fails to remove its property upon the expiration of this Lease, then said property shall be deemed abandoned and shall become the property of the Landlord. The Landlord shall nevertheless be entitled to perform the obligations of Tenant under this Paragraph 16 at Tenant's expense, and Tenant shall be liable to the Landlord for all reasonable costs incurred by the Landlord in the performance of such obligations. Any holding over after the expiration of the Lease Term which is with Landlord's written consent shall be construed to be a tenancy from month -to -month at the rents herein provided (prorated on a monthly basis) and shall otherwise be on terms herein specified so far as applicable. In the event such holding over is without the consent of Landlord, in addition to all other rights and remedies of the Landlord, Tenant shall be obligated to pay 200% of the Monthly Rent and Additional Rent set forth herein. 16. Exculpation, For claims against Landlord, Tenant agrees that it shall look solely to the estate and property of the Landlord in the Demised Premises for the collection of any judgment (or any other judicial process) requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms, covenants and conditions of this Lease to be observed and performed by Landlord and no other property or estates of Landlord shall Alley Cat Lease — 2/20/2003 Page 12 — be subject to levy, execution or other enforcement procedures for the satisfaction of Tenant's remedies. 17. Captions and Paragraph Numbers The captions, paragraph numbers, subparagraph numbers and any index appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such paragraphs or subparagraphs of this Lease nor in any way affect this Lease. 18. 'Transfer of T,andiord's interest; Successor; Assignment or Snhiease by Tenant In the event of any transfer or transfers of Landlord's interest in the Leased Premises, the transferor shall be automatically relieved of any and all obligations and liabilities on the part of Landlord accruing from and after the date of such transfer. All of the provisions of this Lease shall otherwise bind and inure to the benefit of the parties hereto, and their respective heirs, legal representatives, successors and assigns. Tenant may not assign, sublease, mortgage, encumber or otherwise transfer, in whole or in part, this Lease or any interest of Tenant hereunder, without the advance written consent of Landlord, including those transfers which provide for a use of the Premises different than the use intended herein (which will not be unreasonably withheld). A transfer of a beneficial interest in, or corporate stock of, or partnership (limited, general or joint venture) interest in any entity which is a Tenant hereunder shall be deemed a transfer which is subject to this paragraph. Tenant shall provide Landlord and with any information requested by them concerning the proposed assignee, sublessee or transferee. Consent to any such assignment shall not, unless specifically provided for in writing by Landlord, change the permitted use of the Leased Premises. Additionally such consent shall not relieve Tenant of its obligations and liabilities hereunder, nor shall same constitute consent to any subsequent assignment, sublease or transfer. Tenant shall pay Landlord's reasonable fees (including, without limitation, the fees of Landlord's counsel) incurred in connection with Landlord's review and processing of documents regarding any proposed assignment or sublease. 19. Counterclaims; Attorney's Fees In the event of suit by the Landlord to collect Rent, Additional Rent or any sums due to Landlord hereunder, Tenant shall not interpose any counterclaim in such proceeding provided, however, Tenant may assert such claim in a separate action brought by Tenant. In the event of any litigation by or against Landlord to enforce or defend any of the terms or provisions of this Lease, the prevailing party in such litigation, shall be entitled to recover its costs and reasonable attorney's fees at all trial and appellate levels. If Landlord utilizes the services of an attorney for the purpose of collecting Rent, Additional Rent or any sums due to Landlord hereunder or in connection with any other breach of this Lease by Tenant, Tenant agrees to pay Landlord reasonable attorneys' fees as determined by Landlord for such services, regardless of the fact that no legal action may be commenced or filed by Landlord. 20. Parking (a) The use and occupation by the Tenant of the Leased Premises shall include the right, at no cost to Tenant and customers, to all parking spaces located at the Real Property, and all such driveways, truck and service courts, walks and other facilities designed for common use, as have been or may be installed by Landlord, and of such other and further facilities as may be provided or designated from time to time by Landlord. Use of such parking and other areas shall be subject to applicable building and zoning codes. (b) The Landlord shall not be liable for any damage to automobiles of any nature whatsoever to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the Building parking area. 21. NotieP. Whenever notice shall be required or permitted herein, it shall be delivered by certified mail, postage prepaid, Alley Cat Lease — 2/20/2003 Page 13— with return receipt requested, overnight express mail, or hand delivered, and shall be deemed delivered on the date shown as the delivery date on the return receipt or the date shown as the date same was refused or the postal service was unable to deliver same, or the date of hand delivery, and be given to the parties, at the following address: (i) as to the Landlord, the address set forth on the Face Page of the Lease; (ii) as to the Tenant, the address set forth on the Face Page of the Lease; or, to such other address as hereafter designated by either of the parties in a notice to the other. 22. ,Subordination: Attornment: Landlord's Lieu This Lease shall be subject and subordinate at all times to the lien of any mortgage or mortgages, lien or liens, encumbrance or encumbrances or underlying lease or leases which now exist or hereafter might be made as a lien upon the Building, the Common Areas or the Real Property, or any part thereof. This paragraph shall be self operative and no further instrument of subordination shall be required. Landlord may obtain a Subordination, Non -Disturbance and Attornment Agreement to be executed by the Tenant, in such form as the mortgagee shall require. The instrument from the mortgagee shall not materially detract from Tenant's rights under the terms of this Lease and Tenant shall bear all expenses associated with obtaining the instrument. Tenant shall, at any time hereafter on demand, execute any instruments, releases or other documents that may be required by any mortgagee, mortgagor or underlying lessor for the purpose of subjecting and subordinating this Lease to the lien of any such mortgage or underlying Lease, and Tenant does hereby appoint Landlord as its attorney in fact irrevocably to execute and deliver any such instrument, release or other document for and on behalf of Tenant, if Tenant does not comply within ten (10) days of receipt of notice. If any mortgagee shall succeed to the interest of the Landlord by reason of the exercise of its rights under such mortgage (or acceptance of voluntary conveyance in lieu thereof) however caused, then such successor may, at its option, succeed to the interest of the Landlord under this Lease; and in such event, the Tenant shall thereupon attorn to such successor and become bound directly to such successor in interest to the Landlord to perform and observe all Tenant's obligations under this Lease without the necessity of the execution of any further instrument. Tenant agrees not to enter into, execute or deliver any financing or security agreement that can be considered as a priority to any mortgage given by Landlord or its successors and, in the event Tenant does so execute or deliver such financing or security agreement, such action on the part of the Tenant shall be considered a breach of the terms and conditions of this Lease and a default by Tenant entitling Landlord to such remedies as are provided for herein. In addition to and independent of any lien in favor of Landlord arising by operation of law, Tenant hereby grants to Landlord a security interest in all personal property of Tenant located in the Leased Premises, to secure the payment of Rent and Additional Rent and the performance of all other duties and obligations of Tenant hereunder. Tenant agrees to execute upon request by Landlord any and all financing statements and to perform any other act reasonably necessary to perfect the security interest granted herein. The occurrence of any one or more of the events of default set forth in this Lease shall constitute default in this security agreement and shall entitle Landlord to avail itself, following the expiration of any relevant cure period specified herein, of any remedy or remedies available to it under Chapter 679, Florida Statutes, and under this Lease. 23. Fstoppel Certificate and Financial Statement by Tenant Tenant agrees at any time within ten (10) days of Landlord's written request to execute, acknowledge and deliver to Landlord a written statement 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), that the dates to which the Rent and any other payments hereunder have been paid in advance and that there are no setoffs to the rent or defaults on the part of the Landlord, except to the extent specifically described, if any. It is acknowledged by Tenant that any such statements may be relied upon by any prospective assignee, mortgagee or purchaser of Landlord. Alley Cat Lease — 2/20/2003 Page 14 — 24. Force Majeure Landlord shall not be responsible for delays in completing any work, nor for failure to provide water, electric, or sewer service (which Landlord is required to perform), when said delay or failure is due to acts of providence, military authority, insurrection, riots, civil commotions, strikes, shortages or delays in obtaining materials, intentional and malicious acts of third parties, labor disputes, enemies of the government, explosions, flood, windstorm, fire, failure of utility company to provide power source or service, or any other cause beyond the reasonable control of the Landlord. 25. Eminent Domain If the entire Leased Premises shall be taken either permanently or temporarily by any public authority under the power of eminent domain, then the term of this Lease (and of any option period exercised or to be exercised hereunder) shall cease as of the date possession shall be taken by such public authority and the Rent and Additional Rent shall be paid up to that day with a proportionate refund by Landlord of any prepaid Rent and Additional Rent. If a substantial portion (which for purposes of this paragraph is defined as 40%) but less than all of the Demised Premises is taken by condemnation, the Landlord and the Tenant shall each have the right to terminate this Lease upon notice in writing to the other party within ninety (90) days after possession is taken by such condemnation. If this Lease is so terminated, it shall terminate as of the day possession shall be taken by such authority, and Tenant shall pay Rent and Additional Rent and perform all of its obligations under this Lease up to that date with a proportionate refund by the Landlord of any Rent and Additional Rent as may have been paid in advance for a period subsequent to the date of the taking. If this Lease is not so terminated, it shall terminate only with respect to the parts of the Demised Premises so taken as of the day possession shall be taken by such authority, and the Tenant shall pay Rent and Additional Rent up to that day with a proportionate refund by the Landlord of any Rent and Additional Rent as may have been paid for a period subsequent to the date of the taking and, thereafter, the Rent and Additional Rent shall be reduced in direct proportion to the amount of Rentable Area of the Demised Premises taken, and the Landlord agrees, at the Landlord's cost and expense, as soon as reasonably possible to restore the Demised Premises on the land remaining to a complete unit of similar quality and character as existed prior to such appropriation or taking (to the extent feasible); provided that the Landlord shall not be required to expend more on such restoration than an amount equal to the condemnation award received by the Landlord (less all expenses, costs, legal fees and court costs incurred by the Landlord in connection with such award). If any part of the Building is taken by condemnation as to render, in the Landlord's judgment, the remainder unsuitable for use as a building, the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant within one hundred twenty (120) days after possession is taken by such condemnation without regard to whether such taking includes the Demised Premises or any part thereof. If the Landlord so terminates this Lease, it shall terminate as of the day possession is taken by the condemning authority, and the Tenant shall pay Rent and Additional Rent, and perform all of its other obligations under this Lease up to that date with a proportionate refund by the Landlord of any Rent and Additional Rent as may have been paid in advance for a period subsequent to such possession. All damages awarded for any taking under the power of eminent domain, whether for the whole or a part of the Leased Premises, shall belong to and be the property of the Landlord, whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Leased Premises or for the Tenant's leasehold improvements; provided, however, that Landlord shall not be entitled to any specific award made to Tenant for loss of business, or depreciation to, damage to, or costs of removal of, or for the value of stock, trade fixtures, furniture, and other personal property belonging to the Tenant which awards, if any, shall inure to the benefit of Tenant. 26. Broker Each party covenants, warrants and represents to the other that no broker who is entitled to a commission was involved in this transaction or was instrumental in consummating this Lease other than as set forth on the Face Page of this Lease, and each agrees to indemnify and hold the other harmless from and against any and all commissions, Alley Cat Lease — 2/20/2003 Page 15 — damages, costs and attorneys' fees incurred as a result of the inaccuracy of this warranty. 27. Liens Should any contractor's or other lien be filed against the Leased Premises or any part thereof for any reason whatsoever by reason of Tenant's acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be cancelled and discharged of record by bond or otherwise within twenty (20) days after the date of such filing or be deemed to be in breach of this Lease. In no event shall anything contained in this Paragraph, or elsewhere in this Lease, be deemed to subject Landlord's interest in the Premises to the lien of any person doing work for or furnishing materials at the instance and request of Tenant. Tenant shall not have any authority to create any liens for labor or material on or against the Landlord's interest in the Leased Premises and all persons contracting with the Tenant for the erection, installation, alteration, or repair of any building or other improvements in, on or to the Leased Premises, and all materialmen, contractors, subcontractors, sub -subcontractors, mechanics, and laborers are hereby charged with notice that they must look solely and only to the Tenant's interests only in the Leased Premises to secure the payment of any bill for work done or material furnished during the rental period created by this Lease and, specifically, not to the Landlord or the Landlord's interest. Tenant agrees that it will include the language of this paragraph in any contract or agreement for any work done by Tenant in the Leased Premises. 28. Time The parties hereto agree that time is of the essence of this Lease and same shall apply to all tents and conditions contained herein. 29. Waiver The failure of Landlord or Tenant to insist in any one or more instances upon the strict performance of any one or more of the obligations of this Lease, or to exercise any right or election herein contained, shall not be construed as a waiver, nor shall acceptance by Landlord or Tenant, as applicable, of an amount or an item of performance less than that due hereunder in any way prejudice Landlord or Tenant's rights. 30. 'interpretation; Applicable T,aw The words "Landlord" and "Tenant" as used herein shall include the plural as well as the singular. Words used in masculine gender include the feminine and neuter, as appropriate. This Lease shall be construed and enforced under the laws of the State of Florida. Should any provisions of this Lease be illegal or unenforceable under such laws, it or they shall be considered severable and this Lease and its conditions shall remain in force and be binding upon the parties hereto just as though the illegal or unenforceable provisions had never been included herein. This Lease contains the entire understanding between the parties hereto, and may be amended or modified only by written agreement signed by the parties. 31. Authority. (a) If the Tenant signs as a corporation, partnership, or other firm or entity, each of the persons executing this Lease on behalf of the Tenant does hereby covenant and warrant that the Tenant is duly authorized and existing, that the Tenant has and is qualified to do business in the State of Florida, that the Tenant has full right and authority to enter into this Lease, and that each person signing on behalf of the entity was authorized to do so. (b) In the event the Tenant hereunder is a corporation or limited partnership, the individual executing this Lease hereby covenants and warrants that the Tenant is a duly constituted corporation or limited partnership qualified to do business in Florida; that all the Tenant's franchise and corporate or limited partnership taxes Alley Cat Lease — 2/20/2003 Page 16— have been paid to date; that all future forms, reports, fees and other documents necessary for the Tenant to comply with applicable laws will be filed by the Tenant when due; that all necessary corporate or limited partnership action has been taken on behalf of the tenant in order to authorize the Tenant to enter into this Lease; and that such persons are duly authorized by the governing body of the Tenant to execute and deliver this Lease on behalf of the Tenant. 32. Recording of Lease The Tenant shall under no circumstances record this Lease, any portion or a memorandum thereof, without Landlord's express written consent, which consent may be arbitrarily withheld. The parties agree that there are no other leases to the premises and hereby revoke any such lease that may have hereto for been executed by them and/or their predecessors in title. 33. Sale. In the event the original Landlord hereunder, or any successor owner of the Building, shall sell or convey, or otherwise transfer the Building, all liabilities and obligations under this Lease on the part of the original Landlord, or a successor owner, accruing thereafter shall terminate and thereupon all such liabilities and obligations shall be binding upon the new owner. The Tenant hereby agrees to attorn to any such new owner. 34. Landlord's Right to Cure Default All agreements and provisions to be performed by the Tenant under any of the terms of this Lease shall be at its sole cost and expense and without any abatement of Rent. If the Tenant shall fail to pay any sum of money, other than the Rent and Additional Rent required to be paid by it hereunder, or shallfail to perform any other act on its part to be performed hereunder, the Landlord may, but shall not be obligated to, and without waiving or releasing the Tenant from any obligations of the Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as in this Lease provided. All sums so paid by the Landlord and all necessary and incidental costs shall be deemed Additional Rent hereunder and shall be payable to the Landlord upon demand, and the Landlord shall have (in addition to any other right or remedy of the landlord) the same rights and remedies in the event of the nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of Rent or Additional Rent. 35. Institutional Tender If in connection with obtaining financing for the Building or Real Property, a banking, insurance or other institutional lender shall request reasonable modifications to this Lease as a condition to such financing, the Tenant will not unreasonably withhold, delay or defer its consent thereto, provided that such modifications do not increase the obligations of the Tenant hereunder or materially adversely affect the leasehold interest hereby created or the Tenant's use and enjoyment of the Demised Premises. The required consents from Tenant shall be provided within ten (10) days of the written request for same from the Landlord. 36. Environmental Provisions (a) The Tenant represents and warrants that it will not conduct any activities on the Demised Premises or the Building which may constitute a violation of any environmental law, statute and/or regulation. The Tenant agrees not to employ or utilize the Demised Premises or the Building or Common Areas or Real Property for the purpose of disposing, treating, storing, handling or transporting any materials which may be deemed to constitute Hazardous or Toxic Materials (as hereafter defined), except in compliance with the terms of this Lease and all applicable laws, statutes, rules and regulations of all governing authorities with jurisdiction over such matters. (b) The Tenant agrees to defend indemnify and hold the Landlord harmless against any and all Claims, as hereinafter defined, which the Landlord may hereafter become liable for, suffer, incur or pay arising under any applicable laws and resulting from any activity, act or violation of this Paragraph 39 on the part of the Tenant, its Alley Cat Lease — 2/20/2003 Page 17 — agents, employees, invitees or assigns. In addition, the Tenant agrees to defend, indemnify and hold the Landlord harmless against any and all Claims which the Landlord may hereafter be liable for, suffer, incur, or pay resulting from or arising out of any handling, storage, treatment, transportation, disposal, and/or release of Hazardous or Toxic Materials from or on the Demised Premises or the Building or Common Areas or Real Property. (c) Landlord represents and warrants to Tenant, its officers, directors, shareholder, members, partners, agents and employees, that to the best of Landlord's knowledge, information and belief, and before the Tenant entering into possession of the Leased Premises (a) the Premises has not been used by Landlord or any person for the handling, generation, manufacture, production, storage, discharge, treatment, removal, transport of disposal of hazardous or toxic materials, except in compliance with all Environmental laws; (b) no release in excess of a "reportable quantity" (as defined for purposes of Environmental Law) has occurred at, on, under, or from the Premises; (c) no underground storage tanks have existed or been installed at or under the Premises, and (d) there have been no actual or threatened orders, investigations, or inquiries by any governmental, quasi -governmental, administrative or judicial body, agency, board, commission or other authority relating to the existence of Hazardous or toxic materials at or migrating, flowing or leaking to or from the Premises. (d) The teen "Claims" shall mean and include all actions, causes of action, whether common law or statutory, demands, remedies, liability, suits, judgments, expenses, personal injuries, property damages, incidental and consequential damages resulting thereby, clean up costs, civil penalties, attorneys fees, litigation expenses, abatement costs, abatement and corrective relief, injunctive relief requiring removal and/or remedial action, all costs of removal or remedial action, and damages to natural resources. (e) The term "Hazardous or Toxic Materials" means any materials which may be deemed hazardous or toxic including, but not limited to: (i) materials defined as "hazardous waste" under the Federal Resource Conservation and Recovery Act and similar state laws; (ii) "hazardous substances" as identified under the Federal Comprehensive Environmental Response, Compensation and Liability act and especially in CERCLA Section 101(4) and as set forth in Title 40, Title of Federal Regulations, Part 302; (iii) those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency ("EPA") and the list of toxic pollutants designated by Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, polluting, or dangerous waste substance or material, as such lists are now or at any time hereafter in effect; (iv) asbestos; (v) radon; (vi) polychlorinated biphenyl; (vii) petroleum products; and (viii) such other materials, substances or waste which are otherwise dangerous, hazardous, harmful or deleterious to human, plant or animal health or well being. (f) The provisions set forth in this Paragraph 39 shall survive the termination of this Lease. Notwithstanding anything in this Paragraph 39 to the contrary, the Tenant covenants not to introduce any Hazardous or Toxic Materials onto the Demised Premises, the Building, Common Areas or Real Property without complying with all federal, state and local laws and ordinances regarding the transportation, use or disposal of such materials, including but not limited to obtaining the proper permits. If the Tenant's transportation, storage, use or disposal of Hazardous or Toxic Materials on the Demised Premises, the Building, Common Areas or Real Property results in: (i) contamination of the soil or surface or ground water; (ii) loss or damage to person(s) or property, then the Tenant agrees to (i) notify the Landlord immediately of any contamination, claim of contamination, loss or damage; (ii) after consultation and approval by the Landlord, clean up the contamination in full compliance with all applicable statutes, regulations and standards; and (iii) indemnify, defend and hold harmless the Landlord from and against any claims, suits, cause of actions, costs and fees, including attomey's fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions herein are in addition to the provisions set forth elsewhere in this Paragraph 39; however, in the event of a conflict of the provisions of this subparagraph with any other provision in this Paragraph 39, the provisions in this subparagraph shall prevail. 37. No T,ig,ht, Air or View Easement Any diminution or shutting off of light, air, or view by any structure which may be erected on lands adjacent Alley Cat Lease — 2/20/2003 Page 18 — to and/or above the Building, including the Real Property, shall in no way affect this Lease or impose any liability on the Landlord. 38. Waiver of Jury Trial LANDLORD, TENANT, AND ANY GUARANTOR OF THIS LEASE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED IMREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS LEASE OR ANY DOCUMENT ATTACHED HERETO (INCLUDING ANY GUARANTY) AND ANY OTHER DOCUMENTS OR INSTRUMENTS HERETOFORE OR HEREAFTER EXECUTED OR DELIVERED OR CONTEMPLATED TO BE EXECUTED OR DELIVERED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LANDLORD EXECUTING THIS LEASE. 39. Radon Disclosure Under the laws of the State of Florida, we are required to provide the following notice to our Tenants: 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 public health unit. The foregoing notice is provided in order to comply with state law and is for information purposes only. At this time, we do not conduct radon testing with respect to the Building. Further, we disclaim any and all representations and warranties as to the absence of radon gas or radon gas producing conditions in connection with the Leased Premises. IN WITNESS WHEREOF, the parties have hereunto executed this instrument for the purposes herein expressed, the day and year first above written. Signed, sealed and delivered in the presence of: Prin 111s4 t) Print Name. CFcOrin ll, C AIME (As to Landlord) LANDLORD: Sunshine Mortgage Investors, Inc. JDon Hyatt, Vice -President SWORN TO AND SUBSCRIBED before me this 05day of- , 2003 by Don Hyatt, as Vice -President of Sunshine Mortgage Investors, Inc., who is personally own to me or who has produced as identification and who did take an oath and acknowledged that he executed the above and foregoing lease in his capacity as Vice -President of said corporation with full authority to do so. Alley Cat Lease — 2/20/2003 Page 19— °t�"•', fie: LOURDES I. PEREZ I MY COMMISSION 4 CC 914182 e-•4 EXPIRES: February 28, 2004 of Bonded That Notary Public Underwriters My Commission Expires: Print Arne: �' r '' N t-G?'a? (00 Pr me. (As to TenaiSt) NOTARY PLIC, Sate of Florida Name: L—O U Y eS 7' '� y,P 2_ TENANT: Double Vision, Inc. By. 71 SWORN TO AND SUBSCRIBED before me this sr d y of fl g 0 r , 2003 by Richard K. S nton, as President, of Double Vision, Inc., who is personally knot to me or who has produced talSo U Kniox)r) as identification and who did take an oath and acknowledged that he executed the above and foregoing.gase in his capacity as President of said corporation with full authority to do so. My Commission Expires: 1 Y'r' VIVIAN R. CANALS-G(N+IZALEZ MY COMMISSION # OD 161589 EXPIRES: October 28, 2006 fy ' Bonded Thru Notary Pubic Undenvrilets NOTARY 's :LIC, St:te sf lori Name: Alley Cat Lease — 2/20/2003 Page 20 — EXHIBIT A Lots 41, 42, 43 and 44, in Block 12, of REALTY SECURITIES CORPORATION'S PLAT OF COCONLT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. p=l _ P 00'64 2 r7VM-S80 O 9N107!/78 1N3ObY'Ob � `\\\\\\. s\ FYA' SHIPPING L AVENUE T l air" �'[!_S1_ \\\ \\\\ . 05'£7 e t. pi 8V7o$ ry 7ll/'0N00, N ,05'£Z 41 . ....�........�. ` 1 ��i., ��% ,S0'90G 1 a • Lo o O) r m 09'SZ A �q % O� O h h y Y �e . •0N09 1 ,!s �%�)� u . 21 `�o ,civet �� �2 J /,,' ,t'£ 0 SOOL —I — '� a !, `a • QplISo .' ba to ZGO \ -0'Zi_ _� --� v 2 ,£ ,4,5 — V �� 6UJD — 0 S'' �'_ �...—__.I.— -�1) uwrco,exZ F I / /rh �I- o ' 00'9Z .0Zi h 4," N 0'4t ,r g m 0>seoodg 6u/ IOd /'. 9 .9 ^ .9 ./ i saaodS —S but/icd I L�/ . ' o� ,5 o c'` D�J0 JNI0711781N30VP o \ V \ \ Z-{. I l o4.4 �6> — notids y -- -L cl 7 a; 4 / 00•6* r77dm-sa0 oL h ", 8V , .4. 00 N NNI Asphalt 100.00' • __— -0N00 ,08W fh tia \ T —OZ ✓ !�J ,00'9 / > $ �saoods 6uiMuod 0N107081N33vrav ,91of�- eP 3- o2 �1f3A r e crx a to c` y 4 c-\ �V 2 moo\ `-fl 6uipod — Y a 00 I1\\\\\ \\\\\\Ipz 9 1 \\\\\\\\ d L� o 9 !6L k Qots / \ 2I1I f'e''8o i oa B'S u��urr(0O`ZxZ�. ,t6•Zl // I— — "20— se0ods 6u+,1fcd 0NI07/n8 1N30b/ Ob 00'9 ,00'S cr 0 .44 001449 Loca Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 6562228 BUSINESS NAME/LOCATION PLAYMATES 3875 SHIPPING AVE MIAMI FL 33146-1516 OWNER TRIPLE VISION INC Machine(s) 1 RECEIPT NO. RENEWAL 4515731 tom= SEC. TYPE OF BUSINESS 221 SERVICE / AMUSEMENT MACHINE LIST VERIFIED ILBTI EXPIRES SEPTEMBER 30, 2024 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR $37.50 07/21/2023 CHECK21 —23-04221 2 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit www.miamidade.gov/taxcollector 002294 Local Business Tax Receipt tvl mi-Dade County, State of Florida -THIS IS NOT A BILL - D0 NOT PAY 6562228 BUSINESS NAME/LOCATION PLAYMATES 3875 SHIPPING AVE MIAMI FL 33146-1516 OWNER TRIPLE VISION INC RECEIPT NO. RENEWAL 4515749 LBT EXPIRES SEPTEMBER 30, 2024 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR $60.00 07/21/2023 CHECK21-23-04221 2 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit WWW miamidade aov/taxcollector SEC. TYPE OF BUSINESS 219 ATM/POINT OF SALE LIST RECEIVED Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 6562228 BUSINESS NAME/LOCATION PLAYMATES 3875 SHIPPING AVE MIAMI FL 33146-1516 OWNER TRIPLE VISION INC RECEIPT NO. RENEWAL 2872605 �LBT1 EXPIRES SEPTEMBER 30, 2024 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 SEC. TYPE OF BUSINESS 197 DANCING OR ENTERTAINMENT PAYMENT RECEIVED BY TAX COLLECTOR $270.00 07/21/2023 CHECK21-23-042212 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit www.miamidade.gov/taxcollector 001059 Local ,Business Tax Receipt - Iv' ami-Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 6562228 BUSINESS NAME/LOCATION RECEIPT NO. PLAYMATES RENEWAL 3875 SHIPPING AVE 2872597 MIAMI FL 33146-1516 oe� OWNER SEC. TYPE OF BUSINESS TRIPLE VISION INC 195 EATING ESTABLISHMENT SEA2325206 Seat(s) 75 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit www.miamidade.gov/taxcollector EXPIRES SEPTEMBER 30, 2024 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR $135.00 07/21/2023 CHECK21-23-042212 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! dbp r STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BEV2307489 RETAILER OF ALCOHOLIC BEVERAGES TRIPLE VISION INC PLAYMATES ISSUED: 02/20/2024 Signature LICENSED UNDER CHAPTER 565, FLORIDA STATUTES EXPIRATION DATE: MARCH 31, 2025 Ron DeSantis, Governor Melanie S. Griffin, Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIV OF ALCOHOLIC BEVERAGES & TOBACCO LICENSE NUMBER: BEV2307489 EXPIRATION DATE: MARCH 31, 2025 THE RETAILER OF ALCOHOLIC BEVERAGES HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 565, FLORIDA STATUTES SERIES: 4COP TRIPLE VISION INC PLAYMATES 3875 SHIPPING AVENUE MIAMI FL 33146 ISSUED: 02/20/2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIV OF ALCOHOLIC BEVERAGES & TOBACCO THE RETAIL TOBACCO PRODUCTS DEALER HEREIN IS PERMITTED UNDER THE PROVISIONS OF CHAPTER 569, FLORIDA STATUTES SERIES: RTPD • • • • • 500% • if • • • • • t • • • ems". Melanie S. Griffin, Secretary rIN NMI Mt TRIPLE VISION INC PLAYMATES 3875 SHIPPING AVE MIAMI FL 33146 4014Wni LICENSE NUMBER: TOB2332170 .'. .i a EXPIRATION DATE: JANUARY 15, 2025 Always verify licenses online at MyFloridaLicense.com ISSUED: 12/20/2023 Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. 2024 Florida Annual Resale Certificate for Sales Tax This Certificate Expires on December 31, 2024 Business Name and Location Address TRIPLE VISION INC PLAYMATES CLUB 3875 SHIPPING AVE MIAMI, FL 33146-1516 Certificate Number 23-8015169746-2 By extending this certificate or the certificate number to a selling dealer to make eligible purchases of taxable property or services exempt from sales tax and discretionary sales surtax, the person or business named above certifies that the taxable property or services purchased or rented will be resold or re -rented for one or more of the following purposes: • Resale as tangible personal property • Re -rental as tangible personal property • Resale of services • Re -rental as commercial real property • Incorporation into tangible personal property being repaired • Re -rental as transient rental property • Incorporation as a material, ingredient, or component part of tangible personal property that is being produced for sale by manufacturing, compounding, or processing Your Florida Annual Resale Certificate for Sales Tax (Annual Resale Certificate) allows you or your representatives to buy or rent property or services tax exempt when the property or service is resold or re -rented. You may not use your Annual Resale Certificate to make tax-exempt purchases or rentals of property or services that will be used by your business or for personal purposes. Florida law provides for criminal and civil penalties for fraudulent use of an Annual Resale Certificate. As a seller, you must document each tax-exempt sale for resale using one of three methods. You can use a different method each time you make a tax-exempt sale for resale. 1. Obtain a copy (paper or electronic) of your customer's current Annual Resale Certificate. 2. For each sale, obtain a transaction authorization number using your customer's Annual Resale Certificate number. 3. Each calendar year, obtain annual vendor authorization numbers for your regular customers using their Annual Resale Certificate numbers. Online: Visit floridarevenue.com/taxes/certificates Phone: 877-357-3725 and enter your customer's Annual Resale Certificate number Mobile App: Available for iPhone, iPad, and Android devices • • ,wo#11au CITY OF MIAMI BUSINESS TAX RECEIPT BUSINESS NAME: ( GRACELAND VALET SERVICE INC DBA: GRACELAND VALET SERVICE INC BTR HOLDER NAME: GRACELAND VALET SERVICE INC BUSINESS ADDRESS: 3875 SHIPPING AV EXPIRES: Effective Year Oct. 1 2023 Thru Sep. 30 2024 ACCOUNT NUMBER: 77990 RECEIPT NUMBER: 198570 COMMENTS: AUTO: VALET PARKING RESTRICTIONS: FY 23- 24 ISSUED: Oct 31, 2023 Robsrt Ssntai<Alborns Gwecra. C?Y.le r:ornpG.rK This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SE'TIFUKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com ti R wed' ricer iity VY.46i1Ti CITY OF MIAMI CERTIFICATE OF USE FIRE SAFETY PERMIT BUSINESS NAME: TRIPLE VISION INC DBA: PLAYMATES BUSINESS ADDRESS: 3875 SHIPPING AV EXPIRES: 2024-09-30 ACCOUNT NUMBER: 78857 CERTIFICATE NUMBER: 092139 COMMENTS: 150 SEATS 4COP / ADULT ENT RESTRICTIONS: CU31 150 SEATS 4COP / ADULT ENT APPROVED USE(S): CU31-NightClubs FY ISSUED: Aug 06 2009 • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com CITY OF MIAMI CERTIFICATE OF USE FIRE SAFETY PERMIT BUSINESS NAME: GRACELAND VALET SERVICE INC DBA: GRACELAND VALET SERVICE INC BUSINESS ADDRESS: 3875 SHIPPING AV EXPIRES: 2024-09-30 ACCOUNT NUMBER: 77990 CERTIFICATE NUMBER: 091492 COMMENTS: VALET BOOTH RESTRICTIONS: CUO6 VALET BOOTH APPROVED USE(S): CUO6 -General Commercial - Office FY 23- ISSUED: Jun 08 2009 • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www,miamigov.com Tuesday, October 10, 2023 THE ALLEY CAT 3875 SHIPPING AVENUE MIAMI, FL 33146 Permit Number: Alarm Location; 82680 3875 SHIPPING AV Permit is Valid: October 1st, 2023 through September 30th, 2024 Thank you for renewing your alarm permit with the City of Miami Police at you can review your accountinformation and/or submit a Department. Please remember payments using the tmBA Guest website. Please Note... IF YOUR ALARM SYSTEM IS NO LONGER ACTIVE OR YOU ARE NO LONGER AT THE OUR OFFICE VIA FAX OR EMAIL. PERMITTED LOCATION, PLEASE ALARM PERMITS ARE NON -TRANSFERABLE AND A NEW PERMIT IS REQUIRED FOR CHANGES TO EMERGENCY CONTACTS CAN BE MADE THROUGH OUR OFFICE VIA F REMEMBER THAT IT IS THE NEW LOCATION. IMPERATIVE TO HAVE UPDATED EMERGENCY CONTACTS ON FAX OR EMAIL. PLEASE fo o contact If can be of any assistance to you in the prevention of false alarm activations, please RECORD. following manners: our unit using any of the Miami Police Department Alarm Unit 400 NW 2 Avenue, #231 Miami, FL 3;3,128 (Gtft1 i7{ 'f 'ilanti Decal Renewal Notice Voice: (305) 603-6488 Fax: (305) 603-6599 Web: https://apps.miamigov.com/baguest Email: Bu :3,u,r91aratarrn miami:.poUpe,org.. Payment: http://miamigov.com/pay CITY OF MIAMI BUSINESS TAX RECEIPT BUSINESS NAME: DBA: BTR HOLDER NAME: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: RECEIPT NUMBER: COMMENTS: RESTRICTIONS: TRIPLE VISION INC PLAYMATES PLAYMATES (DBA) 3875 SHIPPING AV Effective Year Oct. 1 2023 Thru Sep. 30 2024 78857 23434 CABARETS OR NIGHTCLUBS FY 23 ISSUED: Oct 04, 2023 Robert Santos-Alborna Director. Code Compliance This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-1011 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! dbp r STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEA2325206 SEATING FOOD SERVICE (2010) TRIPLE VISION INC PLAYMATES ISSUED: 08/30/2023 Signature LICENSED UNDER CHAPTER 509, FLORIDA STATUTES EXPIRATION DATE: OCTOBER 1, 2024 Ron DeSantis, Governor Melanie S. Griffin, Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS LICENSE NUMBER: SEA2325206 EXPIRATION DATE: OCTOBER 1, 2024 THE SEATING FOOD SERVICE (2010) HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 509, FLORIDA STATUTES NBR. OF SEATS: 150 TRIPLE VISION INC PLAYMATES 3875 SHIPPING AVE MIAMI FL 33146 ISSUED: 08/30/2023 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary DIVISION OF HOTELS AND RESTAURANTS THE SEATING FOOD SERVICE (2010) HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 509, FLORIDA STATUTES 0" TRIPLE VISION INC NBR. OF SEATS: 150 PLAYMATES PLAYMATES 3875 SHIPPING AVE MIAMI FL 33146 rot , , ,'.:e�, LICENSE NUMBER: SEA2325206 EXPIRATION DATE: OCTOBER 1, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. dbpr This is your license. It is unlawful for anyone other than the licensee to use this document. CITY OF MIAMI BUSINESS TAX RECEIPT NOTICE FY 23 ISSUED: Oct 01, 2023 Robert Santos-Alborna Director. Code Compliance BUSINESS NAME: TRIPLE VISION INC DBA: PLAYMATES BTR HOLDER NAME: TRIPLE VISION INC BUSINESS ADDRESS: 3875 SHIPPING AV EXPIRES: Effective Year Oct. 1 2023 Thru Sep. 30 2024 ACCOUNT NUMBER: 78857 RECEIPT NUMBER: 195375 COMMENTS: AUTOMATED TELLER MACHINES (ATM) RESTRICTIONS: This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com 0 of h9 CITY OF MIAMI BUSINESS TAX RECEIPT NOTICE FY 2 ISSUED: Oct 01, 2023 Robert Santos-Alborna 9 ,veto:, Cooe Co,nphance BUSINESS NAME: DBA: BTR HOLDER NAME: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: RECEIPT NUMBER: COMMENTS: RESTRICTIONS: TRIPLE VISION INC PLAYMATES TRIPLE VISION INC 3875 SHIPPING AV Effective Year Oct. 1 2023 Thru Sep. 30 2024 78857 195374 AUTOMATED TELLER MACHINES (ATM) This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com i CITY OF MIAMI BUSINESS TAX RECEIPT FY 23 ISSUED: Oct 01, 2023 Robert Santos-Alborna Director, Code Compliance BUSINESS NAME: TRIPLE VISION INC DBA: PLAYMATES BTR HOLDER NAME: TRIPLE VISION INC BUSINESS ADDRESS: 3875 SHIPPING AV EXPIRES: Effective Year Oct. 1 2023 Thru Sep. 30 2024 ACCOUNT NUMBER: 78857 RECEIPT NUMBER: 195376 COMMENTS: MERCHANTS RETAIL RESTRICTIONS: This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. r— • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com CITY OF MIAMI BUSINESS TAX RECEIPT FY 23 ISSUED: Oct 01, 2023 Robert Santos-Alborna Dnrector. Code Compliance BUSINESS NAME: DBA: BTR HOLDER NAME: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: RECEIPT NUMBER: COMMENTS: RESTRICTIONS: TRIPLE VISION INC PLAYMATES TRIPLE VISION INC 3875 SHIPPING AV Effective Year Oct. 1 2023 Thru Sep. 30 2024 78857 202960 DISC -JOCKEY This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY iit of Alum' mti 03-05 2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended. ("City Code') titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): Sunshine Mortgage Investors INC. Address/ City / State / Zip: 3875 Shipping Avenue Miami, FL 33146 Phone No: er ► C LkA3/4- (please check one of the following): [) homestead properties. Email: fj{>ll t <idEOurcm , hereby certify that all the addresses listed on this application are non -homestead properties, and that there are no open code enforcement violations, building violations, City liensr invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ I non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. ig'5 nature of the Property Owner } State of 1e-1 } County of Mierni-Bede E•r,, ��5 Date Sworn,,,so and subscribed before me by means of hysical presence OR online notarization this Z 5 day of .] V ki 20I.-3 , by Cr i ntan Personally known f or Produced Identification ( ) Type of Identification produced (SEAL) YUSEF MALIK BUGGS eaa`e _Notary Public, State of Texas ='a{�� Comm. Expires 02-15-2027 a�np�a Notary ID 13420435-0 Page 1 of 1 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 1080331 Transaction Date: May 7 2024 5:08PM Permit Number: PZ2417748 FEE SUMMARY Sunshine Mortgage Investore Inc. 3875 Shipping Ave kimrasnake@gmlaw.com (305)789-2766 Fee Category Fee Code Fee Description Quantity Unit Type Amount ZONING MS-562 ZONING STAFF REVIEW 0.0000 N/A $295.00 ZONING MS-045 MFR / EXCEPTION 0.0000 N/A $3,000.00 Total: $3,295.00 Rev. Jul/02/2012 Generated on May/07/2024 5:08 PM PFIALT ONE STORY BUILDING 7 50' 0/S ( FOUND 4 NAIL o a o; ti TOT 40 V BLOCK - 12 • a 0 CONE. 14:I GLITTER t(Tr�t °OUNU CONS. )BELL CU Bolt �T I ( CONC. 0' CURB 4,2 (BJ ASPHALT // ONEONE STD -- wr ASPHALT 15• ALLEY N88° 1108"E 100.00' (R h LOT-41 BLOCK -12 ASPHALT ASPHALT 11 C(] 4L OVER ME-T LOT-47 BL07C,1 - L .. I MU GB 01 (./O _ 17'r- . /,.Ni4: ROOF OP (11)I N -_.1 w•1LL 1 (8T) 'SIGN FOUND NAIL 1V ASPHALT ROAD ASPHALT O (' GONG RAMP vi � 1 In 1 II1 CB S88° 09' 54,7W '100.00' (R&M) FIR. 172- .--L'ITY OF MIAMI MONUMENT LINE f MOLD 30.00' TOTAL RAW 67' PROPANE TANKS 1 - 43 FLOCK - 12 7// or v CO' (8 0 ti7.50' O/S FOUND NAIL /F1 3 00' ROOF CON(. 1^ 46' CONE. METAL STAIRS ALUM TWO SHEDS' 'TOy Y..., ALUM. FENCE BUILD! OT-4/ BLOCK - 12 ONE STORY •f BUILDING. / ONE STORY BUILDING 6'ALUM FENCE f PLANTER '-ASPHALT 10'CBS WALL 1 ASPHALT O N ANCHOR - W.U.P, ti SHIPPING AVENUE (ACTUAL) SHIPPING ROAD (PLAT) til. OEN - O 0 A. 03 Too r' /FBMJ LOCATION SKETCH NOT TO SCALE EMMEN MEM MENNIMMIIMI fWgINIIIMMMIV EPAlf 81 V si 11 0 H1"11 I I j l l l l 6.:1"I l I l 1 ALUM. - ALUMINUM (8) =BOLLARD TRAM =TRANSFORMER GUM) DRILL POLE PROPERTY OF: SUNSHINE MORTGAGE INVESTORS INC ADDRESS: 3875 SHIPPING AVENUE, MIAMI, FLORIDA 33146 Illl FLOOD ZONE: FLOOD ZONE. X MAP & PANEL = 12086C0457 COMMUNITY NO.: 120650 SUFFIX' L DATE OF FIRM: 09/11/2009 BASE ELEV. = N/A CERTIFIED TO: SUNSHINE MORTGAGE INVESTORS INC LEGAL DESCRIPTION: LOTS 41, 42. 43, AND 44„ BLOCK 12, REALTY SECURITIES CORPORATION :S PLAT OF COCOANUT GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT HOOK 2, AT PAGE 85, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SURVEYOR'S NOTES: 1) NOT VALID UNLFSS SIGNATURE IS EMBOSSED WITH THL REG/STEREO LAND SURVEYOR'S SEAL. 2) LECAI DESCRIPTION PROVIDED AY OTHERS 3) PROPERTIES SHOWN HEREON WERE NOT ABSTRACTED FOR LASEMENTS OR OTHER RECORDED ENCUMBRANCES NOT SHOWN ON THE PROPERTY PLAT OF RECORD. 4) MEASUREMENTS TO WOOD FENCES ARE TO OUT OF WOOD. 5) UNDERGROUND U7 it IDES, FOUNDATIONS, OR OTHER IMPROVEMENTS, IF ANY, WERE NOT OCATED. 8) Et FVATIONS, II SHOWN ARE BASED ON NA77ONAL GEODETIC VERTICAL DATUM 7929. 7) FENCE OWNERSHIP NOT DETERMINED UNLESS OTHERWISE NOTED - 6) MEASUREMENTS 10 WIRE FENCES ARE TO CENTER OF WIRE. 9) WALL MEASUREMENTS ARE TO/FROM FACE OF WALL 10) DRAWING DISTANCE BETWEEN WALLS AND/OR FENCES AND PROPERTY LINES MAYBE EXAGGERATED FOR CLARITY 11) FLOOD ZONE INFORMATION WAS DERIVED FROM FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INFORMATION RATE MAPS. 12) THL BASIS OF BEARING IS GEODETIC NORTH BASED ON A S TA ITC GPS OBSERVATION WITH A REFERENCE LINE SOLIDI 88 0954" WEST I OR THE NORTH RIGHT OF WAY LINE OF SHIPPING AVENUE LEGEND A/C AIR CONDITIONER AVENUE" BOULEVARD F1.. P, BENCH MARX F1-R. rot CABLE (ELEVATION 00,5 END. FOUND CA1CH bASIN I ANCLl NC NJ CONCRETE BLOCK BENUCTUh/ (U t EGA, CHORD BEARING 1 P LITHE POLE CHORD DISTANCE LB l ICFNSED BUSINESS CORNEA LS LAND SORVI YOR c0URr CENTERLINE CLEAR CONCRETE G.O. CLEAN OUT EB- EIFCTR(C BOX ELEV £L£VAZIN ENCROACHMENT ELEVATION RrrrRENcr FINISH FLOOR FIRE HYDRANT AVE BL VD SM CATV CO, COS CH8 CH COR V IRRIGATION CONTROL VA! Vr PCP. PERMANENT CONTROL POINT OE£95IONAL 1AND SURVEYOR PSM PROFESSIONAL SURVEYOR AND MAPPER PE PT PROPERTY L1NE 01 P O 8 POINT DF BEGINNING P 0 C- POINT OF COMMENCEMENT P.R.D POINT DEREVERSE CURVA HIRE P R M PERMANENT REFERENCE MONUMENI P T POINT Ot TANG'ENCY R RADIUS (R) RECO1D (M1J MEASURED RE. iM EIFVAT(ON NAPO NORTH AMLRNAN VLR(241 DATUM RAN RITHTOF-!NAY NCVD Ni DONA, G ODE 11C VERTICAL DANK, SAN,SANI(ARY NO 10. NOT !DENTE /ABLE SIP SET IRON PIPE 5 I l2 SET IRON ROD 51 STREET ANNUL, T0M TEMPORARY 5ENC11 MAR!( T LEI TELE(0PHONE TYP TYPICAL .(.L urrz ar r/srr ENT Nrs NOT TosoAI O.RB - C0RDBTOIt ON,E5 AL 8 0.0/ ON PROPER NU IS 8U1 (UTRHTSC IILHYLINES L r C POINT OS L1lRVAIU HE YCC Uf WJM WAILR METER W.V, WATER VA1 VC W UP WOOD HIFITY POLE SYMBOLS OVERHEAD U15I1YLIN00 WIRE FENCE WCDD FENCE -O PROEIRILCORNIR MAIDS FLOW 9 60 EXISTING GRADE Ef FVAT(ON y:_ PROPOSED GRADE ETEVA LION M WATER VALVE SIGN O DRAINAGE MANHOLE o SANITARY MANHOLE DRE HYDRANT LIGHTING 51, Tl FIRE OFFAMFNT CONNEGTIOt �.-�NgGO F Fqi NO. 4767 STATE OF 7 A BOUNDARY SURVEY 1 HEREBY CERTIFY 1HAT IHIS BOUNDARY SURVEY WAS MADE UNDER MY SUPERVISION AND AN 1 IS STANDARDS OF PRACTICE 5E7 FORTH HY II if.: ELORIDA BOARD DE PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J 17 050 R 1k0001 T 5J-17.052, FL ORIOA ADMINISTRATIVE CODE. t'URSUAN I TO SECTION 472, 027, FLORIDA S (ATUTES AND, THAT THE SKETCH HEREON IS TRUE AND CORRECT TO THE BEST OF MYKNOWLEDGE AND BELIEF SUBJECT ,TO NOTES AND NOTATIONS SHOWN HEREON. =RANCISCO E FAJARDO LOR(DA PROFESSIONAL SURVEYOR AND MAPEF 7ECISlLA HON NO 4707. PROFESSIONAL SURVEYING AND MAPPING ANNES AND GARCIA, INC. LB # 2098 FRANCISCO F. FAJARDO PSM # 4767 (QUALIFIER) 4967 SW 75th AVENUE, MIAMI, FLORIDA 33155 PH (305) 666-7909 FAX (305) 442-2530 HELD DATE:06/12/2073 SCALE DRAWN BY: TJY DWG. No.: 269/43