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HomeMy WebLinkAbout24048AGREEMENT INFORMATION AGREEMENT NUMBER 24048 NAME/TYPE OF AGREEMENT BLOCK 55 OWNER, LLC, BLOCK 55 RESIDENTIAL, LP, HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY DESCRIPTION DECLARATION OF CONSENT TO JURISDICTION OF THE SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT/IMPOSITION OF SPECIAL ASSESSMENTS & IMPOSITION OF LIENT OF RECORD & MORTGAGEE ACKNOWLEDGMENT OF DISTRICT'S SPECIAL ASSESSMENT LIENT/SAWYER'S WALK/MATTER ID: 21-269 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 8/11/2021 DATE RECEIVED FROM ISSUING DEPT. 9/2/2022 NOTE a404S PREPARED BY AND RETURN TO: Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 East Las Olas Boulevard, 6th Floor Fort Lauderdale, Florida 33301 Attn: Michael J. Pawelczyk, Esq. DECLARATION OF CONSENT TO JURISDICTION OF THE SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT (IMPOSITION OF SPECIAL ASSESSMENTS, AND IMPOSITION OF LIEN OF RECORD); AND MORTGAGEE ACKNOWLEDGMENT OF DISTRICT'S SPECIAL ASSESSMENT LIEN BLOCK 55 OWNER, LLC, a Florida limited liability company, whose address is 2901 Florida Avenue, Suite 806, Coconut Grove, Florida 33133 ("Initial Landowner"), BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership, whose address is 2901 Florida Avenue, Suite 806, Coconut Grove, Florida 33133 ("Successor Landowner" and together with Initial Landowner, collectively, the "Landowner"), HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic duly organized and validly existing under the laws of the State of Florida, whose address is 7855 NW 12th Street, Suite 202, Doral, Florida 33126 ("HFA Mortgagee") and THE CITY OF MIAMI, FLORIDA, a municipal corporation, whose address is 444 SW 2nd Avenue, Miami, Florida 33130 ("City Mortgagee" and together with HFA Mortgagee, each, a "Mortgagee" and collectively, "Mortgagees"), hereby enter into this instrument (the "Declaration of Consent to Jurisdiction"), as of August , 2021. 1. The Landowner, intending that it and its respective successors in interest and assigns shall be legally bound by this Declaration of Consent to Jurisdiction hereby declares, acknowledges, and agrees, as follows: A. The Initial Landowner is the owner of those certain lands which are described in Exhibit A attached hereto (the "Property") located within the boundaries of the Sawyer's Landing Community Development District (the "District") within the municipal limits of the City of Miami in Miami -Dade County, Florida. B. The District is, and has been at all times, on and after January 30, 2021, a legally created, duly organized, and validly existing community development district under the provisions of Chapter 190, Florida Statutes, as amended (the "Act"). Without limiting the generality of the foregoing, the Landowner acknowledges that: (a) the petition filed with the Board of County Commissioners of Miami -Dade County, Florida (the "County Commission"), relating to the creation of the District contained all matters required by the Act to be contained therein and was filed in the manner and by the persons required by the Act; (b) Ordinance No. 2021-2, enacted on January 20, 2021 and effective January 30, 2021, was duly enacted by the County Commission in compliance with all applicable requirements of law; (c) all members of the Board of Supervisors of the District were duly and properly designated pursuant to the Act to serve in their respective capacities and had the authority and right to authorize, approve and undertake all actions of the District approved and undertaken from January 30, 2021; (d) the Landowner, on behalf of itself', its successors and assigns, hereby confirms and agrees that the special assessments (the "Special Declaration of Consent - SLCDD Assessments") imposed by District Resolutions 2021-11, 2021-12, and 2021-14, duly adopted by the Board of Supervisors of the District (the "Board") on February 1, 2021, February 1, 2021, and March 10, 2021, respectively (collectively, the "Assessment Resolutions") and the Master Assessment Methodology Report for Special Assessment Bonds, dated February 1, 2021 and the First Supplemental Assessment Methodology Report for Special Assessment Bonds, dated , 2021, each prepared by Governmental Management Services -South Florida, LLC, and all proceedings undertaken by the District with respect thereto have been in accordance with applicable Florida law, that the District has taken all action necessary to levy and impose the Special Assessments, are legal, valid and binding first liens upon the Property co -equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. C. The Landowner, on behalf of itself and its successors and assigns hereby waives the right granted in Chapter 170.09, Florida Statutes, to prepay the Special Assessments without interest within thirty (30) days after the improvements are completed, in consideration of the rights granted by the District to prepay the Special Assessments in full or in part at any time, but with interest, under the circumstances set forth in the resolutions of the District levying the Special Assessments. D. The Landowner hereby expressly acknowledges, represents and agrees that (i) the Special Assessments, the Assessment Resolutions, and the terms of the True -Up Agreement, the Collateral Assignment and Assumption of Development Rights, the Completion Agreement, and the Assignment and Acquisition Agreement, which the Initial Landowner and Successor Landowner, as applicable, will enter into with the District of equal date herewith (herein collectively, the "Financing Documents") and which are related to the District's proposed issuance of its $ Sawyer's Landing Community Development District Special Assessment Bonds, Series 2021 (the "Bonds"), or securing payment thereof, are valid and binding obligations of Initial Landowner and Successor Landowner, as applicable, enforceable in accordance with their respective terms, provided, the foregoing is qualified to the extent that such enforceability of such documents may be limited by bankruptcy, insolvency, reorganization, moratorium, equitable principles of general application, or similar laws in each case relating to or affecting the enforcement of creditors' rights generally; and (ii) there are no presently known claims or offsets of Landowner whatsoever against, or presently known defenses or counterclaims of Landowner relating to payments of the Special Assessments, or presently known claims of invalidity, deficiency or unenforceability of the Special Assessments and the Financing Documents to which Initial Landowner and/or Successor Landowner is a party, the Improvements and the benefit thereof to the Property, or any portions thereof (and the Landowner hereby expressly waives any such claims, offsets, defenses or counterclaims); and (iii) the Landowner expressly waives and relinquishes any argument, claim or defense that the Landowner may have regarding the District's lawful and proper collection of the Special Assessments levied on the Property. E. This Declaration shall represent a lien of record ("Lien of Record") for purposes all purposes, including, without limitation, Section 197.573, Florida Statutes. Other information regarding the Special Assessments is available from Governmental Management Services -South Florida, LLC, 5385 N. Nob Hill Road, Sunrise, FL 33351 (or any successor District Manager or Collection Agent). Declaration of Consent - SLCDD F. THE DECLARATIONS, ACKNOWLEDGEMENTS, WAIVERS AND AGREEMENTS CONTAINED HEREIN SHALL BE BINDING ON THE LANDOWNER AND ON ALL PERSONS (INCLUDING CORPORATIONS, PARTNERSHIPS, LLCs, ASSOCIATIONS, TRUSTS AND OTHER LEGAL ENTITIES) TAKING TITLE TO ALL OR ANY PART OF THE PROPERTY, AND THEIR SUCCESSORS IN INTEREST, WHETHER OR NOT THE PROPERTY IS PLATTED AT SUCH TIME. BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE DEEMED TO HAVE CONSENTED AND AGREED TO THE PROVISIONS OF THIS DECLARATION TO THE SAME EXTENT AS IF THEY HAD EXECUTED IT AND BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE ESTOPPED FROM CONTESTING, IN COURT OR OTHERWISE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THIS DECLARATION. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS DECLARATION SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY ANY PARTY TO THIS DECLARATION AS TO THE TRUTH OR ACCURACY OF THE MATTERS SET FORTH IN SECTION 1 OF THIS DECLARATION. 2. Each Mortgagee, intending that it and its respective successors in interest and assigns shall be legally bound by this instrument, hereby declares, acknowledges and agrees as follows: A. The HFA Mortgagee is the owner and holder of that certain Mortgage dated August 2021, and recorded at Official Records Book , Page , of the Public Records of Miami -Dade County, Florida (the "HFA Mortgage"), encumbering a portion of the Property as more particularly described in the HFA Mortgage. The City Mortgagee is the owner and holder of that certain Mortgage dated August 2021, and recorded at Official Records Book , Page , of the Public Records of Miami -Dade County, Florida, (the "City Mortgage" and together with the HFA Mortgage, each, a "Mortgage" and collectively, the "Mortgages") encumbering a portion of the Property as more particularly described in the City Mortgage. C. Each Mortgagee hereby acknowledges and agrees to this Declaration of Consent to Jurisdiction and the imposition of the District's Special Assessments secured by the Lien of Record as agreed to herein by the Landowner. D. Each Mortgagee hereby acknowledges and agrees that the lien of its Mortgage is now and shall forever hereafter be subordinate and inferior to the District's Special Assessments and Lien of Record relating thereto, including without limitation, any and all sums at any time due and owing pursuant to the Special Assessments as secured by the Lien of Record, any interest thereon, and all expenses, costs, and attorneys fees incurred by the District in connection with the foreclosure of the Property or collection of the Special Assessments. E. In the event either Mortgagee institutes a foreclosure action against the Landowner, or its successors in interest or assigns, such Mortgagee agrees that it shall not name the District as a defendant in such action or assert any allegations against the District that such Mortgagee's lien is equal or superior to, or that such Mortgagee may, otherwise legally effectuate foreclosure of, the District's Special Assessments and Lien of Record relating thereto. Declaration of Consent - SLCDD 3. In the event litigation, arbitration, or mediation, between the parties hereto (each, a "Party" and collectively, the "Parties") arises out of the terms of this Declaration of Consent to Jurisdiction, each Party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, including any final settlement or judgment. 4. This Declaration of Consent to Jurisdiction may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration of Consent to Jurisdiction. 5. This Declaration of Consent to Jurisdiction shall be governed according to the laws of the State of Florida and venue shall be in Miami -Dade County, Florida. 6. This Declaration of Consent to Jurisdiction contains the entire agreement between the Parties with respect to the subject matter hereof. There are no promises, agreements, undertakings, warranties or representations, oral or written, express or implied, between the Parties with respect to the subject matter hereof other than as herein set forth. No amendment or modification of this Declaration of Consent to Jurisdiction shall be valid unless the same is in writing and signed by the City Manager on behalf of the City Mortgagee and by the authorized representatives of the other Parties hereto. [Signatures on following pages] Declaration of Consent - SLCDD This Declaration of Consent to Jurisdiction is effective as of the date first above written. Witnesses: Print Name Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE } } BLOCK 55 OWNER, LLC, a Florida limited liability company By: SG MANAGER, LLC, a Florida limited liability company, its manager By: Michael J. Swerdlow, Manager The foregoing instrument was acknowledged before me by means of [X] physical presence or [ 1 online notarization, this day of August, 2021, by Michael J. Swerdlow, as Manager of SG MANAGER, LLC, a Florida limited liability company, as manager of BLOCK 55 OWNER, LLC, a Florida limited liability company, on behalf of said limited liability companies. He is personally known to me or has produced as identification and who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his knowledge. Notary Public Commission: Declaration of Consent - SLCDD Witnesses: Print Name Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE } } BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership By: SG MANAGER, LLC, a Florida limited liability company, its general partner By: Michael J. Swerdlow, Manager The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, this day of August, 2021, by Michael J. Swerdlow, as Manager of SG MANAGER, LLC, a Florida limited liability company, as general partner of BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership, on behalf of said entities. He is personally known to me or has produced as identification and who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his knowledge. Notary Public Commission: Declaration of Consent - SLCDD [SEAL] ATTEST: Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE } } HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic duly organized and validly existing under the laws of the State of Florida By: Name: Title: The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this day of August, 2021, by , as of the HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic duly organized and validly existing under the laws of the State of Florida. He or she is personally known to me or has produced as identification and who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his or her knowledge. STATE OF FLORIDA COUNTY OF MIAMI-DADE } } Notary Public Commission: The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this day of August, 2021, by , as of the HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic duly organized and validly existing under the laws of the State of Florida. He or she is personally known to me or has produced as identification and who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his or her knowledge. Notary Public Commission: Declaration of Consent - SLCDD ATTEST: Todd B. City Clerk APPROVED AS TO LEGAL FORM AND CORRECT Victoria City A ?A f y� C • STA E OF FLORIDA } COUNTY OF MIAMI-DADE } CITY OF MIAMI, a municipal corporation of the State of Florida By: Arth Non : V City Manager The foregoing instrument was acknowledged before me by means of F physical presence or j 1 online notarization, this It day of August, 2021, by Arthur Noriega V, as City Manager of the CITY OF MIAMI, a municipal corporation of the State of Florida. He is personally known to me or has produced as identification and who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his or her knowledge. OFELIA E. G Vic UndervvrNo 4.c , • t: MY COMMISSION 8 a•;�. EXPIRES: August •'Fo ?r. Bp( Thry Notary PU Declaration of Consent - SLCDD PEREZ c 3wa$o 2, 2023 n N y ary Public mmission: Exhibit A PROPERTY Legal Description: Lots 1 through 20, inclusive, of Block 55 North, Map of Miami, Dade Co. Fla, according to the plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida; less and except the East 7.5 feet of Lot 20; and further less and except that portion of Lot 10 taken by the State Of Florida Department Of Transportation by Order Of Taking recorded in Official Records Book 5349, Page 129, of the Public Records of Miami - Dade County, Florida, being more particularly described as follows: Begin on the West line of said Lot 10 at a point 14.51 feet South 02°16'16" East from the Northwest corner thereof, said point being the beginning of a curve concave Southeasterly having a radius of 14.5 feet, thence from a tangent bearing of North 02°16'16" West run Northwesterly, Northerly and Northeasterly 22.79 feet along said curve through a central angle of 90°02'57" to the North line of said Lot 10, thence Westerly 14.51 feet along said North line to the Northwest corner of said Lot 10, thence South 02°16'16" East 14.51 feet along the West line of said Lot 10 to the Point Of Beginning. 4828-1193-2391, v. 11 Declaration of Consent - SLCDD CFN: 20210630224 BOOK 32702 PAGE 59 DATE:08/25/2021 03:57:07 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY PREPARED BY AND RETURN TO: Billing, Cochran, Lyles, Mauro & Ramsey, P,A. 515 East Las etas Boulevard, 6th Floor Fort Lauderdale, Florida 33301 Attn: Michael J. Pawelczyk, Esq. DECLARATION OF CONSENT TO JURISDICTION OF THE SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT (IMPOSITION OF SPECIAL ASSESSMENTS, AND IMPOSITION OF LIEN OF RECORD); AND MORTGAGEE ACKNOWLEDGMENT OF DISTRICT'S SPECIAL ASSESSMENT LIEN BLOCK 55 OWNER, LLC, a Florida limited liability company, whose address is 2901 Florida Avenue, Suite 806, Coconut Grove, Florida 33133 ("Initial Landowner"), BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership, whose address is 2901 Florida Avenue, Suite 806, Coconut- Grove, Florida 33133 ("Successor Landowner" and together with Initial Landowner, collectively, the "Landowner"), HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic duly organized and validly existing under the laws of the State of Florida, whose address is 7855 NW 12ti, Street, Suite 202, Doral, Florida 33126 ("HFA Mortgagee") and THE CITY OF MIAMI, FLORIDA, a municipal corporation, whose address is 444 SW 2" Avenue, Miami, Florida 33130 ("City Mortgagee" and together with HFA Mortgagee, each, a "Mortgagee" and collectively, "Mortgagees"), hereby enter into this instrument (the "Declaration of Consent to Jurisdiction"), as of August 12, 2021. 1. The Landowner, intending that it and its respective successors in interest and assigns shall be legally bound by this Declaration of Consent to Jurisdiction hereby declares, acknowledges, and agrees, as follows: . A. The Initial Landowner is the owner of those certain lands which are described in Exhibit A attached hereto (the "Property") located within the boundaries of the Sawyer's Landing Community Development District (the "District") within the municipal limits of the City of Miami in Miami -Dade County, Florida. B. The District is, and has been at all times, on and after January 30, 2021, a legally created, duly organized, and validly existing community development district under the provisions of Chapter 190, Florida Statutes, as amended (the "Act"). Without limiting the generality of the foregoing, the Landowner acknowledges that: (a) the petition filed with the Board of County Commissioners of Miami -Dade County, Florida (the "County Commission"), relating to the creation of the District contained all matters required by the Act to be contained therein and was filed in the manner and by the persons required by the Act; (b) Ordinance No. 2021-2, enacted on January 20, 2021 and effective January 30, 2021, was duly enacted by the County Commission in compliance with all applicable requirements of law; (c) all members of the Board of Supervisors of the District were duly and properly designated pursuant to the Act to serve in their respective capacities and had the authority and right to authorize, approve and undertake all actions of the District approved and undertaken from January 30, 2021; (d) the Landowner, on behalf of itself, its successors and assigns, hereby confirms and agrees that the special assessments (the "Special Declaration of Consent-SLCDD r0 CFN: 20210630224 BOOK 32702 PAGE 60 Assessments") imposed by District Resolutions 2021-11, 2021-12, and 2021-14, duly adopted by the Board of Supervisors of the District (the `Board") on February 1, 2021, • February 1, 2021, and March 10, 2021, respectively (collectively, the "Assessment Resolutions") and the Master Assessment Methodology Report for Special Assessment Bonds, dated February 1, 2021 and the First Supplemental Assessment Methodology Report for Special Assessment Bonds, dated August 4, 2021, each prepared by Governmental Management Services -South Florida, LLC, and all proceedings undertaken by the District with respect thereto have been in accordance with applicable Florida law, that the District has taken all action necessary to levy and impose the Special Assessments, are legal, valid and binding first liens upon the Property co -equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid. C. The Landowner, on behalf of itself and its successors and assigns hereby waives •:the right granted in Chapter 170.09, Florida Statutes, to prepay the Special Assessments without interest within thirty (30) days after the improvements are completed, in `consideration of the rights granted by the District to prepay the Special Assessments in full or in part at any time, but with interest, under the circumstances set forth in the • resolutions of the District levying the Special Assessments. D. The Landowner hereby expressly acknowledges, represents and agrees that (i) the Special Assessments, the Assessment Resolutions, and the terms of the True -Up Agreement, the Collateral Assignment and Assumption of Development Rights, the Completion Agreement, and the Assignment and Acquisition Agreement, which the Initial Landowner and Successor Landowner, as applicable, will enter into with the District of equal date herewith (herein collectively, the "Financing Documents") and which are related to the District's proposed issuance of its $88,515,000 Sawyer's Landing Community Development District Special Assessment Bonds, Series 2021 (the "Bonds"), or securing payment thereof, are valid and binding obligations of Initial Landowner and Successor Landowner, as applicable, enforceable in accordance with their respective terms, provided, the foregoing is qualified to the extent that such enforceability of such documents may be limited by bankruptcy, insolvency, reorganization, moratorium, equitable principles of general application, or similar laws in each case relating to or affecting the enforcement of creditors' rights generally; and (ii) there are no presently known claims or offsets of Landowner whatsoever against, or presently known defenses or counterclaims of Landowner relating to payments of the Special Assessments, or presently known claims of invalidity, deficiency or unenforceability of the Special Assessments and the Financing Documents to which Initial Landowner and/or Successor Landowner is a party, the Improvements and the benefit thereof to the Property, or any portions thereof (and the Landowner hereby expressly waives any such claims, offsets, defenses or counterclaims); and (iii) the Landowner expressly waives and relinquishes any argument, claim or defense that the Landowner may have regarding the District's lawful and proper collection of the Special Assessments levied on the Property. E. This Declaration shall represent a lien of record ("Lien of Record") for purposes all purposes, including, without limitation, Section 197.573, Florida Statutes. Other information regarding the Special Assessments is available from Governmental Management Services -South Florida, LLC, 5385 N. Nob Hill Road, Sunrise, FL 33351 (or any successor District Manager or Collection Agent). Declaration of Consent - SLCDD CFN: 20210630224 BOOK 32702 PAGE 61 F. • THE DECLARATIONS, ACKNOWLEDGEMENTS, WAIVERS AND • AGREEMENTS CONTAINED HEREIN SHALL BE BINDING ON THE LANDOWNER AND ON ALL PERSONS (INCLUDING CORPORATIONS, • PARTNERSHIPS, LLCs, ASSOCIATIONS, TRUSTS AND OTHER LEGAL ENTITIES) TAKING TITLE TO ALL OR ANY PART OF THE PROPERTY, AND THEIR SUCCESSORS IN INTEREST, WHETHER OR NOT THE PROPERTY IS PLATTED AT SUCH TIME. BY TAKING SUCH TITLE, SUCH PERSONS SHALL • BE DEEMED TO HAVE CONSENTED AND AGREED TO THE PROVISIONS OF THIS DECLARATION TO THE SAME EXTENT AS IF THEY HAD EXECUTED IT AND BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE ESTOPPED FROM • CONTESTING, IN COURT OR OTHERWISE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THIS DECLARATION. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS DECLARATION SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY ANY PARTY TO • THIS DECLARATION AS TO THE TRUTH OR ACCURACY OF THE MATTERS SET FORTH IN SECTION 1 OF THIS DECLARATION. 2. Each Mortgagee, intending that it and its respective successors in interest and assigns shall be legally bound by this instrument, hereby declares, acknowledges and agrees as follows: A. The HFA Mortgagee is the owner and holder of that certain Mortgage dated 2021, and recorded at Official Records Book , Page , of the Public Records of Miami -Dade County, Florida (the "HFA Mortgage"), encumbering a portion of the Property as more particularly described in the HFA Mortgage. B. The City Mortgagee is the owner and holder of that certain. Mortgage dated 2021, and recorded at Official Records Book , Page , of the Public Records of Miami -Dade County, Florida, (the "City Mortgage" and together with the HFA Mortgage, each, a "Mortgage" and collectively, the "Mortgages") encumbering a portion of the Property as more particularly described in the City Mortgage. C. Each Mortgagee hereby acknowledges and agrees to this Declaration of Consent to Jurisdiction and the imposition of the District's Special Assessments secured by the Lien of Record as agreed to herein by the Landowner. D. Each Mortgagee hereby acknowledges and agrees that the lien of its Mortgage is now and shall forever hereafter be subordinate and inferior to the District's Special Assessments and Lien of Record relating thereto, including without limitation, any and all sums at any time due and owing pursuant to the Special Assessments as secured by the Lien of Record, any interest thereon, and all expenses, costs, and attorneys fees incurred by the District in connection with the foreclosure of the Property or collection of the Special Assessments. E. In the event either Mortgagee institutes a foreclosure action against the Landowner, or its successors in interest or assigns, such Mortgagee agrees that it shall not name the District as a defendant in such action or assert any allegations against the District that such Mortgagee's lien is equal or superior to, or that such Mortgagee may otherwise legally effectuate foreclosure of, the District's Special Assessments and Lien of Record relating thereto. Declaration of Consent - SLCDD CFN: 20210630224 BOOK 32702 PAGE 62 3. In the event litigation, arbitration, or mediation, between the parties hereto (each, a "Party" and collectively, the "Parties") arises out of the terms of this Declaration of Consent to Jurisdiction,, each Party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, including any final settlement or judgment. 4. ' This Declaration of Consent to Jurisdiction may be executed in any number of counterparts,' each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration of Consent to Jurisdiction, 5. This Declaration of Consent to Jurisdiction shall be governed according to the laws of the State of Florida and venue shall be in Miami -Dade County, Florida. 6. This Declaration of Consent to Jurisdiction contains the entire agreement between the Parties with respect to the subject matter hereof. There are no promises, agreements, undertakings, warranties ;or representations, oral or written, express or implied, between the Parties with respect to the subject matter hereof other than as herein set forth. No amendment or modification of this Declaration of Consent to Jurisdiction shall be valid unless the same is in writing and signed by the City Manager on behalf of the City Mortgagee and by the authorized representatives of the other Parties hereto. [Signatures on following pages] Declaration of Consent - SLCDD CFN: 20210630224 BOOK 32702 PAGE 63 This Declaration of Consent to Jurisdiction is effective as of the date first above written. BLOCK 55 OWNER, LLC, a Florida limited liability company By:. SG MANAGER, LLC, a Florida I'tited liability company, its manager Witnesses: J l Print Name • • STATE OF FLORIDA COUNTY OF MIAMI-DADE } } By: Michael J. Swerdlow, Manager The foregoing instrument was acknowledged before me by means of [/\ 1 physical presence or r 1 online notarization, this/� 1�, day of August, 2021, by Michael J. Swerdlow, as Manager of SG MANAGER, LLC, a Florida limited liability company, as manager of BLOCK 55 OWNER, Florida limited liability company, on behalf of said limited liability companies. He is ,pe"rsanally known to me or has produced i.),/4 as identification and who being duly sworn -deposes and says that the aforementioned is true and correct to the best of his knowledge. 4 4 er LAUREN M. HUNT �'ix �Notary Public - State of Florida �' �' Commtssion R HH 147842 ^! Cc n?``' . My Comm. Expires Jul 26, 2025 ,��8onded through National Notary Assn. Notary Public Commission: Declaration of Consent - SLCDD CFN: 20210630224 BOOK 32702 PAGE 64 Witnesses: , Print Name t �Ft, Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE } BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership By: SG MANAGER, LLC, a Florida limited liability company, its general partner By: / Michael J. Swerdj w, Manager The foregoing instrument wa acknowledged before me by means of F , 4 1 physical presence or ( 1 online notarization, this / > day of August, 2021, .by Michael J. Swerdlow, as Manager of SG MANAGER, LLC, a Florida limited liability company, as general partner of .BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership, on behalf of said entities. He is=personally known -- to me or has produced f';%,/as identification and who being duly sworn; -deposes and says that the aforementioned is true and correct to the best of his knowledge. 4 (Iif;) vlv0,"„ LAUREN M. HUNT 1 Notary?ublic . State of Florida R r Commission tr HH 147842k My Comm, Expires Jui 26, 2025 ! e. ' *6onaee through National Notary Assn. Notary Public Commission: Declaration of Consent - SLCDD CFN: 20210630224 BOOK 32702 PAGE 65 (SEAL) ATTEST: By: „wolf titre ��. Zt MIAMI.0ADE�y Uj ; COUNTY ; o FLORIDA Nei; Gonzalo Vic'Chair U 0 STATE OF FLORIDA COUNTY OF MIAMI-DADE } } HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic duly organized and validly existing under the laws of the State of Florida By: 14_, Don L. Horn,thair The foregoing instrument w acknowledged b ore me by means of I I/ 1 physical presence or f 1 online notarization, this day of Segr2021, by Don L. Horn, as Chair of the HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic dui organized and validly existing under the laws of the State of Florida. He or she is r has produced as identification and who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his or her knowledge. Notary Public State of Florida Taquan W Aranha e My Commission HH 022090 of t9" Expires 08/16/2024 STATE OF FLORIDA COUNTY OF MIAMI-DADE } } ,kv)h'ta/?/Ltant/I0- Notabr Public Commission: The foregoing instrument vxas acknow ed re me by means of [ 1 physical presence or F 1 online notarization, this day of;� 1, by Nery Gonzalez, as Vice Chair of the HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic duly organized and validly existing under the laws of the State of Florida. He or she is "personally known to me or has produced as identification and who being duly sworn eposes an says that the aforementioned is true and correct to the best of his or her knowledge. Taquan wAranStalha e of Florida My Commission HH 022090 Expires 08/16/2024 )t2(J i n!1 Notari,Public y Commission: Declaration of Consent - SLCDD CFN: 20210630224 BOOK 32702 PAGE 66 ATTEST: • -L Todd 11..1anrton City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: By:t Victor ilen STATE OF FLORIDA COUNTY OF MIAMI-DADE } } CITY OF MIAMI, a municipal corporation of the State of Florida By: I�j iP Arthur Nkieg V--'f City Manager The foregoing instrument was acknowledged before me by means of [ tV'l physical presence or ( 1 online notarization, this j ; day of August, 2021, by Arthur Noriega V, as City Manager of the CITY OF MIAMI, a municipal corporation of the State of Florida. He is personally known to me or has produced as identification and who being duly swoin,ses and says that the aforementioned is true and correct to the best of his or her knowledge. olary Public gr4rnnission: Declaration of Consent - SLCDD CFN: 20210630224 BOOK 32702 PAGE 67 Exhibit A PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 20, INCLUSIVE, OF BLOCK 55 NORTH, MAP OF MIAMI, DADE CO. FLA., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS AND EXCEPT THE EAST 7,5 FEET OF LOT 20; AND FURTHER LESS AND EXCEPT THAT PORTION OF LOT 10 TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5349, PAGE 129, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ON THE WEST LINE OF SAID LOT 10 AT A POINT 14.51 FEET SOUTH 02°16'16" EAST FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 14.5 FEET, THENCE FROM A TANGENT BEARING OF NORTH 02°16'16" WEST RUN NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°02'57" TO THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14.51 FEET ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID LOT 10, THENCE SOUTH 02°16'16" EAST I4.51 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE POINT OF BEGINNING. LESS AND EXCEPT: THOSE PORTIONS OF LOT 1 AND LOTS 10 THROUGH 20, OF BLOCK 55N, MAP OF MIAMI, DADE CO. FLA,, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS AND EXCEPT THE EAST 7.50 FEET OF SAID LOT 20; AND FURTHER LESS AND EXCEPT THAT PORTION OF SAID LOT 10 TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5349, PAGE 129, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ON THE WEST LINE OF SAID LOT 10 AT A POINT 14.51 FEET SOUTH 02°16'16" EAST FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 14.5 FEET, THENCE FROM A TANGENT BEARING OF NORTH 02°16'16" WEST RUN NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°02'57" TO THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14,51 FEET ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID LOT 10, THENCE SOUTH 02°16'16" EAST 14.51 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE POINT OF BEGINNING. SAID RIGHT-OF-WAY DEDICATION PARCEL LYING IN SAID BLOCK 55N AND BEING DESCRIBED AS FOLLOWS: THE EAST 12.50 FEET OF SAID LOT 1. AND THE WEST 10.00 FEET OF SAID LOT 10. AND THE WEST 10.00 FEET AND THE SOUTH 10.00 FEET OF SAID LOT 11 AND THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 11, SAID CIRCULAR CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHEAST, AND TANGENT TO A LINE 10.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 11 AND TANGENT TO A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 11. AND THE SOUTH 10.00 FEET OF SAID LOTS 12 THROUGH 19, INCLUSIVE. AND THE SOUTH 10.00 FEET AND THE WEST 5.00 FEET OF THE EAST 12.50 FEET OF SAID LOT 20 AND THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 20, SAID CIRCULAR CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHWEST, AND TANGENT TO A LINE 12.50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 20 AND TANGENT TO A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 20. Declaration of Consent - SLCDD CFN: 20210775985 BOOK 32798 PAGE 885 DATE:10/18/2021 02:52:49 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY PREPARED BY AND RETURN TO: Billing, Cochran, Lyles, Mauro & Ratnsey, P.A. 515 East Las Olas Boulevard, 6th Floor Fort Lauderdale, Florida 33301 Attn: Michael S. Pawelczyk, Esq. Note: This Declaration iil- Bing re-recordrd d Vo include recording references not included in the original recording at CNF: 20210630224 Book 32702 PG 59, DECLARATION OF CONSENT TO JURISDICTION OF THE SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT (IMPOSITION OF SPECIAL ASSESSMENTS, AND IMPOSITION OF LIEN OF RECORD); AND MORTGAGEE ACKNOWLEDGMENT OF DISTRICT'S SPECIAL ASSESSMENT LIEN BLOCK 55 OWNER, LLC, a Florida limited liability company, whose address is 2901 Florida Avenue, Suite 806, Coconut Grove, Florida 33133 ("Initial Landowner"), BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership, whose address is 2901 Florida Avenue, Suite 806, Coconut' Grove, Florida 33133 ("Successor Landowner" and together with Initial Landowner, collectively, the "Landowner"), HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic duly organized and validly existing under the laws of the State of Florida, whose address is 7855 NW 12th Street, Suite 202, Doral, Florida 33126 ("HFA Mortgagee") and THE CITY OF MIAMI, FLORIDA, a municipal corporation, whose address is 444 SW 2nd Avenue, Miami, Florida 33130 ("City Mortgagee" and together with HFA Mortgagee, each, a "Mortgagee" and collectively, "Mortgagees"), hereby enter into this instrument (the "Declaration of Consent to Jurisdiction"), as of August 12, 2021. 1, The Landowner, intending that it and its respective successors in interest and assigns shall be legally bound by this Declaration of Consent to Jurisdiction hereby declares, acknowledges, and agrees, as follows: A. The Initial Landowner is the owner of those certain lands which are described in Exhibit A attached hereto (the "Property") located within the boundaries of the Sawyer's Landing Community Development District (the "District") within the municipal limits of the City of Miami in Miami -Dade County, Florida. B. The District is, and has been at all times, on and after January 30, 2021, a legally created, duly organized, and validly existing community development district under the provisions of Chapter 190, Florida Statutes, as amended (the "Act"). Without limiting the generality of the foregoing, the Landowner acknowledges that: (a) the petition filed with the Board of County Commissioners of Miami -Dade County, Florida (the "County Commission"), relating to the creation of the District contained all matters required by the Act to be contained therein and was filed in the planner and by the persons required by the Act; (b) Ordinance No, 2021-2, enacted on January 20, 2021 and effective January 30, 2021, was duly enacted by the County Commission in compliance with all applicable requirements of law; (c) all members of the Board of Supervisors of the District were duly and properly designated pursuant to the Act to serve in their respective capacities and had the authority and right to authorize, approve and undertake all actions of the District approved and undertaken from January 30,.2021; (d) the Landowner, on behalf of itself, its successors and assigns, hereby confirms and agrees that the special assessments (the "Special Declaration of Consent-'SLCDD CFN: 20210775985 BOOK 32798 PAGE 886 • • Assessments") imposed by District Resolutions 2021-11, 2021-12, and 2021-14, duly , adopted by the Board of Supervisors of the District (the "Board") on February 1, 2021, February 1, 2021, and March 10, 2021, respectively (collectively, the "Assessment Resolutions") and the Master Assessment Methodology Report for Special Assessment Bonds, dated February 1, 2021 and the First Supplemental Assessment Methodology Report for Special Assessment Bonds, dated August 4, 2021, each prepared by Governmental Management Services -South Florida, LLC, and all proceedings undertaken by the District with respect thereto have been in accordance with applicable Florida law, that the District has taken all action necessary to levy and impose the Special Assessments, are legal, valid and binding first liens upon the Property co -equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, • titles and claims, until paid. C. . The Landowner, on behalf of itself and its successors and assigns hereby waives ,..the right granted in Chapter 170.09, Florida Statutes, to prepay the Special Assessments • without interest within thirty (30) days after the improvements are completed, in consideration of the rights granted by the District to prepay the Special. Assessments in full or in part at any time, but with interest, under the circumstances set forth in the resolutions of the District levying the Special Assessments. D. The Landowner hereby expressly acknowledges, represents and agrees that (i) the Special Assessments, the Assessment Resolutions, and the terms of the True -Up Agreement, the Collateral Assignment and Assumption of Development Rights, the Completion Agreement, and the Assignment and Acquisition Agreement, which the Initial Landowner and Successor Landowner, as applicable, will enter into with the District of equal date herewith (herein collectively, the "Financing Documents") and which are related to the District's proposed issuance of its $88,515,000 Sawyer's Landing Community Development District Special Assessment Bonds, Series 2021 (the "Bonds"), or securing payment thereof, are valid and binding obligations of Initial Landowner and Successor Landowner, as applicable, enforceable in accordance with their respective terms, provided, the foregoing is qualified to the extent that such enforceability of such documents may be limited by bankruptcy, _insolvency, reorganization, moratorium, equitable principles of general application, or similar laws in each case relating to or affecting the enforcement of creditors' rights generally; and (ii) there are no presently known claims or offsets of Landowner whatsoever against, or presently known defenses or counterclaims of Landowner relating to payments of the Special Assessments, or presently known claims of invalidity, deficiency or unenforceability of the Special Assessments and the Financing Documents to which Initial Landowner and/or Successor Landowner is a party, the Improvements and the benefit thereof to the Property, or any portions thereof (and the Landowner hereby expressly waives any such claims, offsets, defenses or counterclaims); and (iii) the Landowner expressly waives and relinquishes any argument, claim or defense that the Landowner may have regarding the District's lawful and proper collection of the Special Assessments levied on the Property. E. This Declaration shall represent a lien of record ("Lien of Record") for purposes all purposes, including, without limitation, Section 197.573, Florida Statutes. Other information regarding the Special Assessments is available from Governmental Management Services -South Florida, LLC, 5385 N. Nob Hill Road, Sunrise, FL 33351 (or any successor District Manager or Collection Agent). Declaration of Consent - SLCDD CFN: 20210775985 BOOK 32798 PAGE 887 F, • THE DECLARATIONS, ACKNOWLEDGEMENTS, WAIVERS AND AGREEMENTS CONTAINED HEREIN SHALL BE BINDING ON THE LANDOWNER AND ON ALL PERSONS (INCLUDING CORP ORATIONS, PARTNERSHIPS, LLCs, ASSOCIATIONS, TRUSTS AND OTHER LEGAL. ENTITIES) TAKING TITLE TO ALL OR ANY PART OF THE PROPERTY, AND . THEIR SUCCESSORS IN INTEREST, WHETHER OR NOT THE PROPERTY IS PLATTED AT SUCH TIME. BY TAKING SUCH TITLE, SUCH PERSONS SHALL " • BE DEEMED TO HAVE CONSENTED AND AGREED TO THE PROVISIONS OF THIS DECLARATION TO THE SAME EXTENT AS IF THEY HAD EXECUTED IT AND BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE ESTOPPED FROM • CONTESTING, IN COURT OR OTHERWISE, THE VALIDITY, LEGALITY AND • ENFORCEABILITY OF THIS DECLARATION. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS DECLARATION SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY ANY PARTY TO THIS DECLARATION AS TO THE TRUTH OR ACCURACY OF THE MATTERS SET FORTH IN SECTION 1 OF THIS DECLARATION. 2. Each Mortgagee, intending that it and its respective successors in interest and assigns shall be legally bound by this instrument, hereby declares, acknowledges and agrees as follows: A. The HFA Mortgagee is the owner and holder of that certain Mortgage dated 8/1/2021 2021, and recorded at Official Records Book 32702 , Page 849 , of the Public Records of Miami -Dade County, Florida (the "HFA Mortgage"), encumbering a portion of the Property as more particularly described in the HFA Mortgage. B. The City Mortgagee is the owner and holder of that certain Mortgage dated 8/12/2021, 2021, and recorded at Official Records Book 32702 , Page 915 , of the Public Records of Miami -Dade County, Florida, (the "City Mortgage" and together with the HFA Mortgage, each, a "Mortgage" and collectively, the "Mortgages") encumbering a portion of the Property as more particularly described in the City Mortgage. C. Each Mortgagee hereby acknowledges and agrees to this Declaration of Consent to Jurisdiction and the imposition of the District's Special Assessments secured by the Lien of Record as agreed to herein by the Landowner. D. Each Mortgagee hereby acknowledges and agrees that the lien of its Mortgage is now and shall forever hereafter be subordinate and inferior to the District's Special Assessments and Lien of Record relating thereto, including without limitation, any and all sums at any time due and owing pursuant to the Special Assessments as secured by the Lien of Record, any interest thereon, and all expenses, costs, and attorney fees incurred by the District in connection with the foreclosure of the Property or collection of the Special Assessments. E. In the event either Mortgagee institutes a foreclosure action against the Landowner, or its successors in interest or assigns, such Mortgagee agrees that it shall not name the District as a defendant in such action or assert any allegations against the District that such Mortgagee's lien is equal or superior to, or that such Mortgagee may otherwise legally effectuate foreclosure of, the District's Special Assessments and Lien of Record relating thereto. Declaration of Consent - SLCDD CFN: 20210775985 BOOK 32798 PAGE 888 3. In the event litigation, arbitration, or mediation, between the parties hereto (each, a "Party" and collectively, the "Parties") arises out of the terms of this Declaration of Consent to Jurisdiction,.each Party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, including any final settlement or judgment. 4. ' , This Declaration of Consent to Jurisdiction may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration of Consent to Jurisdiction. 5. This Declaration of Consent to Jurisdiction shall be governed according to the laws of the State of Florida and venue shall be in Miami -Dade County, Florida. 6. • This Declaration of Consent to Jurisdiction contains the entire agreement between the Parties with respect to the subject matter hereof. There are no promises, agreements, undertaldngs, warranties :or representations, oral or written, express or implied, between the Parties with respect to the subject matter hereof other than as herein set forth. No amendment or modification of this Declaration of Consent to Jurisdiction shall be valid unless the same is in writing and signed by the City Manager on behalf of the City Mortgagee and by the authorized representatives of the other Parties hereto, [Signatures on following pages] Declaration of Consent - SLCDD CFN: 20210775985 BOOK 32798 PAGE 889 This Declaration of Consent to Jurisdiction is effective as of the date first above written. BLOCK 55 OWNER, LLC, a Florida limited liability company By: SG MANAGER, LLC, a Florida Iithited liability company, its manager 7' r Witnesses: • `tl / Michael J. Swerdlow, Manager t Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE } } The foregoing instrument, was acknowledged before me by means of [rig, ] physical presence or r ] online notarization, this/ LJ ' day of August, 2021, by Michael J. Swerdlow, as Manager of SG MANAGER, LLC, a Florida limited liability company, as manager of BLOCK 55 OWNER, LLC, a_Florida limited liability company, on behalf of said limited liability companies. He is personally know ii to me or has produced , 4 as identification and who being duly sworn,-dep ses and says that the aforementioned is true and correct to the best of his knowledge. 41Y P LAUREN M. HUNT e; �1 Notary Public State of Florida �'.j Commission; HH 147842 ? ' My Comm. Expires Jul 26, 2025 Bonded through National Notary Assn, ,2 Notary Public Commission: Declaration of Consent - SLCDD CFN: 20210775985 BOOK 32798 PAGE 890 'Witnesses: Piint Name Print -Name ‘, STATE OF FLORIDA COUNTY OF MIAMI-DADE BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership By: SG MANAGER, LLC, a Florida limited liability company, its general partner By: / Michael J. Swerdlow, Manager The foregoing instrument was acknowledged before me by means of {:f�� physical presence or f 1 online notarization, this ( .1' day of August, 2021, by Michael J. Swerdlow, as Manager of SG MANAGER, LLC, a Florida limited liability company, as general partner ,ot BLO_CK_55 RESIDENTIAL, LP, a Florida limited partnership, on behalf of said entities. He is;pe_rsonally known to me or has produced r ;�`,� < < as identification and who being duly siOri deposes-• and says that the aforementioned is true and correct to the best of his knowledge. f.t 'l , is LAUREN M. HUNT a Notary Public ` State of Florida Commission it HH 147842 R 1,;,.•,• My Comm. Expires Jul 26, 2025 • 6ontleC through National Notary Assn. `Notary Public Commission: Declaration of Consent - SLCDD CFN: 20210775985 BOOK 32798 PAGE 891 (SEAL) ATTEST: y1.01t1rttl(r�, N,' F\\,At1PF / r MIAMI.DADE of COUNTY ; O O FLORIDA may: :y /978 fa,f i By: /4._s (V� ) By: / t✓ V f .) Net Gonzales Vi 'Chair U STATE OF FLORIDA COUNTY OF MIAMI-DADE } } HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic duly organized and validly existing under the laws of the State of Florida Don L. Horn,vC Lair The foregoing instrument w aeknowled _ edabi Kore me by means of ( 1,1 physical presence or C 1 online notarization, this ,wry, day of2021, by Don L. Horn, as Chair of the HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic dul oryganized and validly existing under the laws of the State of Florida. He or she is ersonally known to ne r has produced as identification and who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his or her knowledge. Notary Public State of Florida Taquan W Aranha osj by Commission HH 022090 Expires 08/16/2024 STATE OF FLORIDA } COUNTY OF MIAMI-DADE } V,2? /40(.) 07)/0"---' Notatyl Public Commission: F The foregoing instrument as acknowlL. d re me by means of [ `'} physical presence or 1 1 online notarization, this day o : J by Nery Gonzalez, as Vice Chair of the HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic dul or anized and validly existing under the laws of the State of Florida. He or she is personallynknown to me or has produced as identification and who being duly sworn, deposes an says that the aforementioned is true and correct to the best of his or her knowledge. Notary WiArSanihe of e Florida My Commission HH 022090 Expires 08/16/2024 hnii- NotartP'ublic Commission: Declaration of Consent - SLCDD CFN: 20210775985 BOOK 32798 PAGE 892 ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida F $y"----1-1-1 :LL..-. , >- - -~ . By: Todd T aannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECT SS: E (Victor j'Idez- f Crt /Att(3ey STATE OF FLORIDA COUNTY OF MIAMI-DADE } } Arthur Nokkiega 11V--" City Manager The foregoing instrument was acknowledged before me by means of r V" ] physical presence or [ 1 online notarization, this ! day of August, 2021, by Arthur Noriega V, as City Manager of the CITY OF MIAMI, a municipal corporation of the State of Florida. He is personally known to me or has produced as identification and who being duly SAT6iii7deialsays that the aforementioned is true and correct to the best of his or her knowledge. ox//ary Public ilimission: Declaration of Consent - SLCDD CFN: 20210775985 BOOK 32798 PAGE 893 Exhibit A PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 20, INCLUSIVE, OF BLOCK 55 NORTH, MAP OF MIAMI, DADE CO. FLA., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS AND EXCEPT THE EAST 7,5 FEET OF LOT 20; AND FURTHER LESS AND EXCEPT THAT PORTION OF LOT 10 TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5349, PAGE 129, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ON THE WEST LINE OF SAID LOT 10 AT A POINT 14.51 FEET SOUTH 02°16'16" EAST FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 14.5 FEET, THENCE FROM A TANGENT BEARING OF NORTH 02° 16' 16" WEST RUN NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°02'57" TO THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14.51 FEET ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID LOT 10, THENCE SOUTH 02°16116" EAST 14.51 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE POINT OF BEGINNING. LESS AND EXCEPT: THOSE PORTIONS OF LOT 1 AND LOTS 10 THROUGH 20, OF BLOCK 55N, MAP OF MIAMI, DADE CO, FLA., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS AND EXCEPT THR EAST 7.50 FEET OF SAID LOT 20; AND FURTHER LESS AND EXCEPT THAT PORTION OF SAID LOT 10 TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5349, PAGE 129, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ON THE WEST LINE OF SAID LOT 10 AT A POINT 14.51 FEET SOUTH 02°16'16" EAST FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 14.5 FEET, THENCE FROM A TANGENT BEARING OF NORTH 02'16'16" WEST RUN NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°02'57" TO THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14.51 FEET ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID LOT 10, THENCE SOUTH 02°16'16" EAST 14.51 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE POINT OF BEGINNING. SAID RIGHT-OF-WAY DEDICATION PARCEL LYING IN SAID BLOCK 55N AND BEING DESCRIBED AS FOLLOWS: THE EAST 12.50 FEET OF SAID LOT 1. AND THE WEST 10.00 FEET OF SAID LOT 10. AND THE WEST 10.00 FEET AND THE SOUTH 10.00 FEET OF SAID LOT 11 AND THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 11, SAID CIRCULAR CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHEAST, AND TANGENT TO A LINE 10,00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 11 AND TANGENT TO A LINE 10,00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 11. AND THE SOUTH 10.00 FEET OF SAID LOTS 12 THROUGH 19, INCLUSIVE. AND THE SOUTH 10.00 FEET AND THE WEST 5.00 FEET OF THE EAST 12.50 FEET OF SAID LOT 20 AND THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 20, SAID CIRCULAR CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHWEST, AND TANGENT TO A LINE 12.50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 20 AND TANGENT TO A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 20, Declaration of Consent - SLCDD This instrumentwas prepared by: Building Department Enviroornental Resources 444 SW 2 d Avenue, 4th floor Miami, Florida 33130 No. 21-162 PERMlTTEE: PROPERTY ADDRESS: BD —NUMBER: FOLIO NUMBER LEGAL DESCRITTIOI\: CFN: 20210789888 BOOK 32806 PAGE 1038 DATE:10/21 /2021 11:59:42 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY TREE PERMIT- REMOVAL AND PLANTING COVENANT RUNNING WITH nitE LAND BLOCK 55 OWNER LLC 249 NW 6 ST BD20-006249-001 01-0105-050-1120 MIAMI NORTH Pia 6.41 ALL OF BLK 55 LOT SIZE 149856 SQ FT OR 17064-152 0196 3 This PERMIT authorizes the following removal and planting of trees) on City of lillatni (the "City') right of way adjacent to property and is issued pursuant to Chapter 17 of the Code of the City of Miami. This permit shall also constitute a covenant running with the land that touches, concerns and ntns with the land and binds the Owner and his or her successors, heirs, assigns and grant es. The Covenantor/Owner/Permittee (hereinaler the "Perniittee") agrees to maintain the tree(s) and should any tree(s) not thrive nr become damaged due to any cause whatsoever, the Permittee shall replace the tree(s) at no expense to the, City. Permission is given for the removal of nine (9l trees along NW 2"o Avenue and six (6) trees along NW 3"a Avenue and the Planting often (l0) Pigeon Plum trees akin., NW 2' Avenue and ten (101 Bridal -veil frees along MY 6'u Street within the right-of-way along of the subject property per plans on tile. Permittee is responsible for repairing any damage to the public right ofway as armies+alt of this work. The following conditions shall be adhered to: 1. Permitiee shall contact the Building Dopa.tme.nt,Environrncntal Resources Divisior. at (305) 415-1100 or (305) 416-1416 to schedule the final inspection. Approved work and inspection shall be completed prior to the permit expiration date for the BD numberrefer-ane d on this document. 2. Prior to any planting or exczvatlna in the Public Right of Way, it is the Pennittee's responsibility to notify Sunshine 811 at (1800)432-4770 to determine if any of the Permittee's facilities could be damaged by removing or planting pursuant to Chapter 556, Florida Statutes.. 3. No tress or plant items shall be planted in the twenty five (25) foot corner radius. All shrubs shall be a minimum of eighteen (l8) inches in',seightwheo measured irnrediateiy after plowing and not to exceed thirty-six (36) inches in height. 4. No fees shall be planted less than ten (10) feet from a driveway anpr each. 5. Trees will maintain ten (10) feet clearance from any other new or existing teae 6. All planting material shall be Florida Grade -41 or better. 7, Tree replacement, if applicable, shall be the responsibility Permittee pursuant to Section 17-6 of the City Code, as amended. 8. The landowner is responsible for the watering, trimming, root pruning and all other maintenance of the planted trees for pe prttdty. 9. Permittee is responsible for obtaining any and all other applicable permits prior to the -commencement of any work, including FOOT (State) and Miami Dade County pe mits. 10. Permittee must (sin authorization from adjaae t prmp ny ov11 ems) at tenting locations odor to tree installations. Ogt./oyinbo - Rashad, Quatisha Chi.. of Environmental Resources Date By sigttin elow I/eve agree the Owner(s) of the Pro erty referenced above voluntarily and knowingly agree to all permit conditions. STATE OF FLORIDA) S 1, q t-Oa-( COUNTY OF hfL4�II-DADE) Date The oregoing instrument wa. acknowledged before me this day of A-'(p U'S) , 20 J, personally appeared before rue, an officer authorized to administer oaths and take acknowledgements, by QW N -e who is personally known to me ¢t�t4se• pronduce? First Witness' Printed Name Second Witnnature Second Witness' Pqrnted tA,-) V�►Q. [SEAL) :5-fret;c8io r. AMSA COG7i Y3.1 rotary►alette -State of Florlia 11? Grarissis1 r SC i44738 �M1.- 1"'y Cann. Sx:ires Jim 7, 2124 Ilondei tiro,* t: to o, t ^r Assn. BepamunrofBuitding1EnvironmeetalRe omens 444S.W.2, Avenue, 4" Floor /Miami, Florida 33130f(305)416-14I6/ vimnmentalR ^u+itiarnieov.com 1MRAL01/10 Notary Public- State of Florida fammhilon f GO 944738 r Ny tort m, ExpIr45 Jan 7, 2024 Lidded Nroeth National NotaryAssn.