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HomeMy WebLinkAbout24432AGREEMENT INFORMATION AGREEMENT NUMBER 24432 NAME/TYPE OF AGREEMENT THE VILLAGE MIAMI, LLC, NEW URBAN DEVELOPMENT LLC & THE VILLAGE MIAMI PHASE I, LTD. DESCRIPTION TERMINATION OF ACCESS & AMENITIES AGREEMENT & EASEMENT/CITY-FUNDED AFFORDABLE RENTAL HOUSING PROJECT/MATTER ID: 22-3337/#48 EFFECTIVE DATE April 21, 2023 ATTESTED BY ATTESTED DATE DATE RECEIVED FROM ISSUING DEPT. 5/10/2023 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Housing and Community Development DEPT. CONTACT PERSON: Maria T. Ason EXT. *Cell phone305-301-5148 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: The Village Miami, LLC IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $0 FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT El YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Termination of Access and Amenities Agreement and Easement NO PURPOSE OF ITEM (BRIEF SUMMARY): Execution of the above -referenced agreement in connection with the Villages Apartments (Phase I), a city -funded affordable rental housing project. COMMISSION APPROVAL DATE: / / FILE ID: N/A ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: The Developer has decided to terminate the access and amenities and easement agreement for the Villages Apartments (Phase I) due to the development of Phase II of the project. As a lender, the City is required to execute the termination agreement. Attached is the Housing & Commercial Loan Committee approval. ;. ROUTING_ INFORMATION ' ._ - .- .. ... . .. . . ... _ ,.. ... _ .._ .. -.... r Date PLEA • R N AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR tf � 1py) George M s SIGNAT `,1, - Duran SUBMITTED TO PLANNING �' 01 Lakisha Hul \, SIGNATURE: SUBMITTED TO ZONING r 1- Z ` Daniel Goldberg SIGNATURE: SUBMITTED TO CITY ATTORNEY ?p J,Z - 3 53 7' Le/d����4/40 Victoria Mendez y..10°,4 SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER 410120" Larry Spring SIGNATURE: # RECEIVED BY CITY MANAGER 7 l/ 1 gl?- Art Noriega SIGNATURE: 1) ONE -ORIGINAL -TO CITY CLERK,-� 2) ONE COPY. TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINALS) TO ORIGINATING �. `�� �� _- - si 02_3 Sl ./2 3 PRINT: SIGNATURE:4 c��J -Y PRINT: > A--2t-A— is`TnDEPARTMENT SIGNATURE: ' PRINT: It't i. ; cJ SIGNATURE: -' PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE This instrument prepared by and after recording return to: Terry M. Lovell, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Ave., Suite 2300 Miami, Florida 33131 TERMINATION OF ACCESS AND AMENITIES AGREEMENT AND EASEMENT THIS TERMINATION OF ACCESS AND AMENITIES AGREEMENT AND EASEMENT (this "Termination") is entered into as of the day of 2023 (the "Effective Date"), by and between THE VILLAGE MIAMI, LLC, a Florida limited liability company ("The Village Miami"), whose address is 8500 NW 25th Avenue, Miami, FL 33147, and THE VILLAGE MIAMI PHASE I, LTD., a Florida limited partnership ("Phase One"), and collectively with The Village Miami, the "Parties") whose address is 8500 NW 25th Avenue, Miami, FL 33147. RECITALS: A. The Parties entered into and executed that certain Access and Amenities Agreement and Easement (the "Agreement") recorded on May 13, 2015, in Official Records Book 29615, Page 1298, and re -recorded on June 2, 2016, in Official Records Book 30098, Page 2249, of the Public Records of Miami -Dade County, Florida. B. The Parties agree that the easements granted pursuant to the Agreement are no longer needed and desire to terminate the Agreement and all rights granted therein. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned agree as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The Parties hereby agree that the Agreement is terminated in its entirety as of the Effective Date and of no further force and effect. Signatures on following pages. 1 MIAMI 9826405.1 100051/302818 The undersigned have caused this Termination to be executed on the date set forth above. NEW URBAN D VELOPMENT LLC, a Florida limited liabili co pgny By: STATE OF FLORIDA COUNTY OF MIAMI-DADE 'Z- Oliver L. Gross, President The foregoing instrument was aclRowledged before e by means of F '/I physical /7 presence or [ 1 online notarization, this ' day of pf 1 , 2023, by Oliver L. Gross, President of New ill -Van Development LLC, a Florida limited liability company, on behalf of the company. He is {1 personally known to me or F 1 hs produced a Florida driver's license as identification. ��Ilnunllly,, \\\\e\\‘�0•:` .CHA ps�ii��i w q▪ z• 's • • ▪ •'moo 3189— + .-04 �d fhns •+i G ti * //s,,�� �"Pi ........................ ATErdE F.���P ti PiI/011W ri Name: , �)?b r ?c i/Y))0 Notary Public My Commission Expires: /P543_ Commission Number:- ' c(p r/ 2 THE VILLAGE MIAMI PHASE I, LTD., a Florida limited partnership By: CORNERSTONE VILLAGES I, LLC, a Florida limited liability company, its general partner By: /V Mara S. Mades, Vice President STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of Lx] physical presence or [ ] online notarization, this 12th day of April, 2023, by Mara S. Mades, Vice President of Cornerstone Villages I, LLC, a Florida limited liability company, the general partner of The Village Miami Phase I, Ltd., a Florida limited partnership, on behalf of the partnership. He/She is Lx] personally known to me or [ ] has produced a Florida driver's license as identification. ame: Notary Public My Commission Expires: Commission Number: /11/ 2 45 4G d" 3 •a� P;;;.,• JACQUELINE SILVA r: Notary Public - State of Florida Commission # HH 26354811Expires May '•+�"ov r�' MY Comm. Exp Assn. Bonded through National Notary JOINDER AND CONSENT BY MORTGAGEE The undersigned, as mortgagee under that certain Leasehold Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Filing, by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, to Housing Finance Authority of Miami -Dade County, Florida, a public body corporate and politic, duly created and existing under the laws of the State of Florida, as mortgagee, recorded in Official Records Book 29556, Page 3185, as assigned to Citibank, N.A., a national banking association, by that certain Assignment of Mortgage and Loan Documents, recorded in Official Records Book 29556, Page 3266, and as mortgagee under Subordinate Leasehold Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Filing by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Citibank, N.A., a national banking association, as mortgagee, recorded in Official Records Book 29556, Page 3586, all of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 2023. Witnesses: Print: Print: STATE OF COUNTY OF MORTGAGEE: Citibank, N.A., a national banking association By: Name: Title: The foregoing instrument was acknowledged before me by [check one] ( ) means of physical presence or ( ) remote audio-visual means this of , 2023, by as of Citibank, N.A., a national banking association. ❑ Personally Known ❑ Produced Driver's License No. ❑ Produced: Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: 4 JOINDER AND CONSENT BY MORTGAGEE The undersigned, as mortgagee under Leasehold Mortgage and Security Agreement and Assignment of Leases, Rents and Profits (County HOME) by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Miami -Dade County, a political subdivision of the State of Florida, as mortgagee, recorded in Official Records Book 29556, Page 3283, and as mortgagee under Leasehold Mortgage and Security Agreement and Assignment of Leases, Rents and Profits (Surtax) by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Miami -Dade County, a political subdivision of the State of Florida, as mortgagee, recorded in Official Records Book 29556, Page 3365, all of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 2023. Witnesses: Print: Print: STATE OF FLORIDA COUNTY OF MIAMI-DADE MORTGAGEE: Miami -Dade County, a political subdivision of the State of Florida By: Morris Copeland, Chief Community Services Officer The foregoing instrument was acknowledged before me by means of [check one] ( ) physical presence or ( ) remote audio visual means this of , 2023, by Morris Copeland as Chief Community Services Officer of Miami -Dade County, a political subdivision of the State of Florida. ❑ Personally Known ❑ Produced Driver's License No. n Produced: Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: 5 JOINDER AND CONSENT BY MORTGAGEE City of Miami The undersigned, as mortgagee under Leasehold Mortgage and Security Agreement by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of The Village Miami, LLC, a Florida limited liability company, as mortgagee, recorded in Official Records Book 29556, Page 3453, as assigned to City of Miami, a municipal corporation, by that certain Collateral Assignment of Mortgage and Other Loan Documents recorded in Official Records Book 29556, Page 3469, and re -recorded in Official Records Book 29616, Page 340, all of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 2023. Witnesses: Print: 4-4e i¢ 7' 4-soft) Print: 14Ct/Q(t 4414&g- STATE OF FLORIDA COUNTY OF MIAMI-DADE MORTGAGEE: City of Miami municipal corporation -4.),orie a g , City Manager APPROVED AS TO FORM AND CORRECTNESS: -Z °kb Victoria Men ell z,' City Attorney RP 022- 33'3 4- The foregoing instrument was acknowledged before me by means of [check one] (tJjphysical presence or ( ) remote audio visual means this \ % of i)rii‘ , 2023, by kkhUJ kbr as r of City of Miami, a municipal corporation. ersonally Known ❑ Produced Driver's License No. ❑ Produced: io SANDRAGILBERT :,. MY COMMISSION # NH 112572 un +,���p ' EXPIRES: April 20, 2025 EOp' '" Bonded Thru Notary Public Underwriters Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: 6 JOINDER AND CONSENT BY MORTGAGEE City of Miami (Continued) City of Miaar, i, a 0unicipal co •• •, ation L 0ByAd V N: - L.kisha Hull, Director of Planning -•. ent D City of Miami, a municipal corporation By: Name: Daniel Goldberg, Director of Zoning Depai lnuent JOINDER AND CONSENT BY MORTGAGEE The undersigned, as mortgagee under Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of New Urban Development LLC, a Florida limited liability company, as mortgagee, recorded in Official Records Book 29556, Page 3522, of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this 2023. MORTGAGEE: Witnesses: day of New Urban Development LLC, ,a Florida limited liability c6rppart, Print: •—r-ii-e-m,'w me ti-A-44kos Print: Kci f'ra,����h Oliver L. ross, President STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged befo e me by ?leans of [check one] (4physical presence or ( ) remote audio visual means this of ,..Apr, % , 2023, by Oliver L. Gross as President of New Urban Development LLC, a Florida limited liability company. Personally Known ❑ Produced Driver's License No. ❑ Produced: vootinipp��; -�p\MCHAOEor 0 WXY23 z ._£=� o•11%3, "7. r q .y ded • 59J• /fst�'17t_ ur. Pri %r Stamp blame: %���" � 1..00iol6 otary Public, State of 1lorida at Large Commission No.: jaI1 My Commission Expires: 7/24» 8 JOINDER BY MORTGAGEE The undersigned, as mortgagee under Leasehold Mortgage and Security Agreement (SAIL) by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Florida Housing Finance Corporation, a public corporation and a public body politic duly created and existing under the laws of the State of Florida, as mortgagee, recorded in Official Records Book 29899, Page 734, and as mortgagee under Leasehold Mortgage and Security Agreement (ELI Gap) by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Florida Housing Finance Corporation, a public corporation and a public body politic duly created and existing under the laws of the State of Florida, as mortgagee, recorded in Official Records Book 29899, Page 812, all of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 2023. Witnesses: Print: Print: STATE OF FLORIDA COUNTY OF LEON MORTGAGEE: Florida Housing Finance Corporation, a public corporation and a public body politic duly created and existing under the laws of the State of Florida By: Marisa G. Button, Managing Director of Multifamily Programs The foregoing instrument was acknowledged before me by means of [check one] ( ) physical presence or ( ) remote audio visual means this of , 2023, by Marisa G. Button as Managing Director of Multifamily Programs for Florida Housing Finance Corporation, a public corporation and a public body corporate and politic duly created and existing under the laws of the State of Florida. ❑ Personally Known ❑ Produced Driver's License No. ❑ Produced: Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: 9 This instrument prepared by and after recording return to: Teny M. Lovell, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Ave., Suite 2300 Miami, Florida 33131 3 W -336-/ n4C 1111111 IIIII IHII IIIII illll IIIII IIIII IIII IIII CFN 2023R0289622 OR BK 33687 Pss 867-875 (9Pss) RECORDED 05/02/2023 10:02:54 LUIS 6. MONTALDOr CLERK AD INTERIM MIAMI-DADE COUNTY, FL TERMINATION OF ACCESS AND AMENITIES AGREEMENT AND EASEMENT THIS TERMINATION OF ACCESS AND AMENITIES AGREEMENT AND EASEMENT (this "Termination") is entered into as of the I St day of -AP R I C_ 2023 (the "Effective Date"), by and between NEW URBAN DEVELOPMENT LLC, a Florida limited liability company ("Phase II Owner"), whose address is 8500 NW 25th Avenue, Miami, FL 33147, and THE VILLAGE MIAMI PHASE I, LTD., a Florida limited partnership ("Phase I Owner"), and collectively with The Village Miami, the "Parties") whose address is 8500 NW 25th Avenue, Miami, FL 33147. RECITALS: A. Phase I Owner and The Village Miami, LLC, a Florida limited liability company ("Prior Phase II Owner") entered into and executed that certain Access and Amenities Agreement and Easement (the "Agreement") recorded on May 13, 2015, in Official Records Book 29615, Page 1298, and re -recorded on June 2, 2016, in Official Records Book 30098, Page 2249, of the Public Records of Miami -Dade County, Florida. B. Phase II Owner is Prior Phase II Owner's successor -in -interest with respect to the Phase II Property (as defined in the Agreement). C. The Parties agree that the easements granted pursuant to the Agreement are no longer needed and desire to terminate the Agreement and all rights granted therein. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned agree as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The Parties hereby agree that the Agreement is terminated in its entirety as of the Effective Date and of no further force and effect. Signatures on following pages. 1 MIAMI 9826405.1 100051/302818 G ti Book33687/Page867 CFN#20230289622 Page 1 of 9 The undersigned have caused this Termination to be executed on the date set forth above. NEW URB limited liabi By: STATE OF FLORIDA COUNTY OF MIAMI-DADE EVELOPMENT pang Oliver L. Gross, Presi The foregoing instrument was acknowledged be sre me by means of [physical presence or [ 1 online notarization, this ty day of �1 , 2023, by Oliver L. Gross, President of New Ur �N''�r m�nt LLC, a Flori • a limited li : bility company, on behalf of the company. He ism ‘N . 4known to me or r 1 has roduced a Florida driver's license as identification ; • to'slON •.oe, E. z: •• w: a efGG 3 169z, * • ,/ � sraiE oFin 1 �°����\ nt Name: /4%4 Notary Publ My Commission Expires: Commission Number: 2 Book33687/Page868 CFN#20230289622 Page 2 of 9 THE VILLAGE MIAMI PHASE I, LTD., a Florida limited partnership By: CORNERSTONE VILLAGES I, LLC, a Florida limited liability company, its general partner By: STATE OF FLORIDA COUNTY OF MIAMI-DADE Mara S. Mades, Vice President The foregoing instrument was acknowledged before me by means of [i] physical presence or [ ] online notarization, this 12th day of April, 2023, by Mara S. Mades, Vice President of Cornerstone Villages I, LLC, a Florida limited liability company, the general partner of The Village Miami Phase I, Ltd., a Florida limited partnership, on behalf of the partnership. He/She is pc] personally know [ ] has produced a Florida driver's license as identification. ame: Notary Public My Commission Expires: 5 //2,? Commission Number: sq.-Ai 63.7 jid 3 ;ol�yirvLJACQUELINE SILVA Notary Public - State of Florida 4fi Commission # HH.2y61315,48 rz- My Comm Expires Ma2026 Bonded through National Notary Assn. Book33687/Page869 CFN#20230289622 Page 3 of 9 JOINDER AND CONSENT BY MORTGAGEE The undersigned, as mortgagee under that certain Leasehold Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Filing, by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, to Housing Finance Authority of Miami -Dade County, Florida, a public body corporate and politic, duly created and existing under the laws of the State of Florida, as mortgagee, recorded in Official Records Book 29556, Page 3185, as assigned to Citibank, N.A., a national banking association, by that certain Assignment of Mortgage and Loan Documents, recorded in Official Records Book 29556, Page 3266, and as mortgagee under Subordinate Leasehold Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Filing by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Citibank, N.A., a national banking association, as mortgagee, recorded in Official Records Book 29556, Page 3586, all of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this 27 day of P-Q,k 2023. Witnesses: Print: Pri t: MORTGAGEE: Citibank, N.A., a national banking association By: Name: Z.4.1r�' Title: 4..,A, • (: is l ( -y lo "Id-- ) STATE OF COUNTY OF ?cap ccu , ) The foregoing instrument was acknowledged before me by [check one] (X) means of physical presence or ( ) remote audio-visual means this 2 r of Fegytref 202�, by f3,4r1L<ri,,fl`)I as Av c dj.,) $.s,z., -rr j of Citibank, N.A., a natid ial banking association. El Personally Known 0 Produced Driver's License No. FG Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expire �9Y '�: DORAPICDRAhi... Notary Public - State of Florida o- ' Commission # GG 309699 9L. My Comm. Expires Mar 10, 2023 Book33687/Page870 CFN#20230289622 Page 4 of 9 JOINDER AND CONSENT BY MORTGAGEE The undersigned, as mortgagee under Leasehold Mortgage and Security Agreement and Assignment of Leases, Rents and Profits (County HOME) by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Miami -Dade County, a political subdivision of the State of Florida, as mortgagee, recorded in Official Records Book 29556, Page 3283, and as mortgagee under Leasehold Mortgage and Security Agreement and Assignment of Leases, Rents and Profits (Surtax) by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Miami -Dade County, a political subdivision of the State of Florida, as mortgagee, recorded in Official Records Book 29556, Page 3365, all of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this n. day of- U �6i�. o1QoZ�• Witnesses: Print: Print: 41EVlMsI .Y . STATE OF FLORIDA COUNTY OF MIAMI-DADE MORTGAGEE: Miami -Dade County, a political subdivision of the. State of °1..' By: Moths Copeland, a Community Services Officer Approved as By:. The foregoing instrument was acknowledged be presence or ( ) remote audio visual means this l'[`' of Chief Community Services Officer of Miami -Dade County, a pol Florida. form and legal sufficiency: Terrence A. Smith Assistant County Attorney Personally Known ❑ Produced Driver's License No. `�\��µY PV��i� YVONNE RAMIREZ �♦ % Notary Public -State of Florida •'=° Commission # HH 312751 •%���` 4' My Commission Expires January 13, 2027 means of [check one] (nl physical , 203 by Moths Copeland as cal subdivision of the State of or Stamp ame: Public, State oyvDnne, Florida at Large Commission No.: ik ik 31215 L My Commission Expires: I/(: 2.bZi Book33687/Page871 CFN#20230289622 Page 5 of 9 JOINDER AND CONSENT BY MORTGAGEE City of Miami The undersigned, as mortgagee under Leasehold Mortgage and Security Agreement by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of The Village Miami, LLC, a Florida limited liability company, as mortgagee, recorded in Official Records Book 29556, Page 3453, as assigned to City of Miami, a municipal corporation, by that certain Collateral Assignment of Mortgage and Other Loan Documents recorded in Official Records Book 29556, Page 3469, and re -recorded in Official Records Book 29616, Page 340, all of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this 1'Z - day of L , 2023. Witnesses: Print: �,g-c2ei¢- 7: o n) STATE OF FLORIDA COUNTY OF MIAMI-DADE MORTGAGEE: City of Miami, a =�cipal corporation ga V, City Manager APPROVED AS TO FORM AND CORRECTNESS: Victoa Mende', ity Attorney RP dR-3331- The foregoing instrument was acknowledged before me by�}eans of [check Rne] ( physical presence or ( ) remote audio visual means this l� of `())r .11 , 2023, by Whir tc)(A, of City of Miami, a municipal corporation. ersonally Known ❑ Produced Driver's License No. ❑ Produced: C1CA;1k Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: 6 Book33687/Page872 CFN#20230289622 Page 6 of 9 JOINDER AND CONSENT BY MORTGAGEE City of Miami (Continued) City of Miami; municipal orpo ion By N •. Lakisha H 11, Director of Planning D ent City of Miami, a municipal corporation By: Name Daniel Goldberg, Director of Zoning Department Book33687/Page873 CFN#20230289622 Page 7 of 9 JOINDER AND CONSENT BY MORTGAGEE The undersigned, as mortgagee under Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of New Urban Development LLC, a Florida limited liability company, as mortgagee, recorded in Official Records Book 29556, Page 3522, of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. sE IN WITNESS WHEREOF, these presents have been executed this !�' day of 2023. Witnesses: Print: Ke Fr A Print: in hm 4(1 ZaCt•c„ny STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) MORTGAGEE: New Urban Development LL liability : mpany By. 0 ' er L. Gross, Presi• ent limited The foregoing instrument was acknowledged befor me by an§ of [check one] (V) physical presence or ( ) remote audio visual means this/ f. ,� , 2023, by Oliver L. Gross as Preside}of New Urban Development LLC, a Florida limited liability company. Personally Known ❑ Produced Driver'slense No. ❑ Produced: 0(PGHA D.S���a. •�4M Y23? N.� s •v o, 31 692r ampN otary Public, Stat . f lorida at Large Commission No.: e3) My Commission Expires:.7p3 .23 8 Book33687/Page874 CFN#20230289622 Page 8 of 9 OR Sk 33687 PG 875 LAST PAGE JOINDER BY MORTGAGEE The undersigned, as mortgagee under Leasehold Mortgage and Security Agreement (SAIL) by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Florida Housing Finance Corporation, a public corporation and a public body politic duly created and existing under the laws of the State of Florida, as mortgagee, recorded in Official Records Book 29899, Page 734, and as mortgagee under Leasehold Mortgage and Security Agreement (ELI Gap) by The Village Miami Phase I, Ltd., a Florida limited partnership, as mortgagor, in favor of Florida Housing Finance Corporation, a public corporation and a public body politic duly created and existing under the laws of the State of Florida, as mortgagee, recorded in Official Records Book 29899, Page 812, all of the Public Records of Miami -Dade County, Florida, covering a portion of the property described in the foregoing Termination of Access and Amenities Agreement and Easement, does hereby acknowledge that the terms of the Termination of Access and Amenities Agreement and Easement are and shall be binding upon the undersigned and its successors in title. nn- IN WITNESS WHEREOF, these presents have been executed this day of4l 2022. Witnesses: Prin Print: STATE OF FLORIDA COUNTY OF LEON MORTGAGEE: Florida Housing Finance Corporation, a public corporation and a public body politic duly created and existing under the laws of the State of Florida By: Marisa G. Button, Managing Director of Multifamily Programs The foregoing instrument was acknowledged before me by means of [check one] ('Q physical presence or ( ) remote audio visual means this` ofacorr44.—., 2022, by Marisa G. Button as Managing Director of Multifamily Programs for Florida Housing Finance Corporation, a public corporation and a public body corporate and politic duly created and existing under the laws of the State of Florida. rsonally Known Produced Driver's License No. DProduced: i VP "ti DONNAR. PHILLIPS 1 S • , Notary Public - State of Florida '; Commission # HH 019659 1 `'• or re My Comm. Expires Jul 27, 2024 ` Bonded through National Notary Assn. I Print or Stamp Namel-) Notary Public, State of Florida at Large Commission No.: My Commission Expires: aLL3a. Book33687IPage875 CFN#20230289622 Page 9 of 9