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HomeMy WebLinkAbout26081AGREEMENT INFORMATION AGREEMENT NUMBER 26081 NAME/TYPE OF AGREEMENT MIAMI FREEDOM PARK, LLC DESCRIPTION 1ST AMENDMENT TO DEVELOPMENT AGREEMENT/REGARDING APPROVAL OF THE SPECIAL AREA PLAN & RELATED DEVELOPMENT/FILE ID: 18590/0- 14444/MATTER ID: 25-3687 EFFECTIVE DATE April 13, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/13/2026 DATE RECEIVED FROM ISSUING DEPT. 4/13/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Planning Department DEPT. CONTACT PERSON: Erica Lee EXT. 2031 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: NIA IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES Z NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT LICENSE AGREEMENT OTHER: (PLEASE SPECIFY): ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT DEVELOPMENT AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): DEVELOPMENT AGREEMENT FOR MIAMI FREEDOM PARK. COMMISSION APPROVAL DATE: N/A FILE ID: TBD ENACTMENT NO.: TBD IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 3// I/2 PRINT: DAVID SNOW ' _ SIGNATURE: N/A SUBMITTED TO CITY ATTORNEY APPROVAL BY ASSISTANT CITY MANAGER April 3, 2026 11' April 6, 2026 I C8:13:25 PRINT: GEORGE :46:42 EDT SIGNATURE: NIA K. WYSONG, III /—Docusignedby: Abylt, z. Ri56 1I1 ,,---Ds 44 ` PRINT: ASAEL AZ EDT SIGNATURE: C A IR • 1—DocuSigned by: �, r APPROVAL BY DEPUTY CITY MANAGER April 6, 2026 1 PRINT: NATASF a:05:00 EDT SIGNATURE: EPEE ®K- LLIAMS- DocuSigned by: N L1.&40,4 APPROVAL BY RISK y4/ PRINT: DAVID`ItI *1'io0975DEA SIGNATURE: - Iea + 1. RECEIVED BY CITY MANAGER April 8, 2026 I 03:50;10 PRINT: JAMES REYES EDT Signed by: SIGNATURE: SUBMITTED TO CITY CLERK April 13, 2026 110:58:07 PRINT: TODD HANNON EDT S1GNA"I URE: N/A "ny4zbnF2LbF4J ... DncuSigned by: PRINT: N/A E46D7560DCF1459... SIGNATURE: PRINT: N/A SIGNATURE: PRINT: N/A SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER This Instrument Was Prepared By, Record and Return To: Iris V. Escarra, Esq. Greenberg Traurig, P.A. 333 S.E. 2"n Avenue Suite 4400 Miami, Florida 33131 FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMl, FLORIDA AND MIAMI FREEDOM PARK, LLC, REGARDING APPROVAL OF THE MIAMI FREEDOM PARK SPECIAL AREA PLAN AND RELATED DEVELOPMENT This is a First Amendment to the Development Agreement ("First Amendment") made this % day of Arril . 2026 by and between Miami Freedom Park, LLC, a Delaware limited liability company (the "Lessee" or "Developer"), and the City of Miami, Florida, a municipal corporation and a political subdivision of the State of Florida (the "City") (the Developer and the City are together referred to as the "Parties"). RECITALS WHEREAS, the City is the fee simple owner of approximately 131 acres of property in Miami - Dade County, Florida, located between NW 14a Street to the South, NW 42 Avenue to the West, the City jurisdictional boundary on the North, and NW 37ts Avenue to the East, within the City (the "Overall Property") shown and legally described in Exhibit "A"; and WHEREAS, in November of 2018, the electorate of the City approved the referendum to approve the negotiation of a ground lease and development agreement for the development of approximately seventy-three (73) acres of the Overall Property as a soccer stadium, entertainment center including food and beverage venues, offices, retail, hotel and conference center, public facilities, park space, and other ancillary commercial development (the "Leased Property"), shown and legally described in Exhibit "B"; and WHEREAS, Developer is a Delaware limited liability company which, pursuant to Resolution Nos. R-22-0156 and R-22-0157, adopted April 28, 2022, entered into that certain Ground Lease for Soccer Stadium, that certain Ground Lease for Miami Freedom Park Commercial Development, and certain related easement agreements with the City, a]1 dated as of February 9, 2023, governing the Lessee's use of the Leased Property (collectively, the "Lease Agreements") and the Construction Administration Agreement (the "Construction Administration Agreement"); and WHEREAS, an application for approval of a Special Area Plan ("SAP") was filed on June 12, 2020 in order to develop the Leased Property as a soccer campus consisting of various uses, including a Major Sports Facility, Lodging, Commercial, and Office uses, along with other related amenities (the "Project" or "Miami Freedom Park SAP"); and First Amendment to Development Agreement Miami Freedom Park and City ofMiumi WHEREAS, Chapter 163, Florida Statutes (2021), as amended from time to time, authorizes and provides for local governments to enter into development agreements with any person or entity having a legal or equitable interest in real property located within its jurisdiction; and WHEREAS, assurance to a developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, the City Commission pursuant to Ordinance No. 14092, adopted September 13, 2022, approved the Future Land Use Map Amendment necessary to effectuate the Miami Freedom Park SAP; and WHEREAS, the City Commission pursuant to Ordinance No. 14093, adopted September 13, 2022, approved and accepted the Miami Freedom Park Concept Book and Regulating Plan; and WHEREAS, the City Commission pursuant to Ordinance No. 14094, adopted September 13, 2022, has authorized the City Manager to execute the Development Agreement which was recorded on July 7, 2023 at Official Records Book 33783 at Page 2301 of the Public Records as Miami Dade County, Florida ("Development Agreement"); and WHEREAS, the City Commission approved on November 1 1, 2025 pursuant to Resolution No. R-25-0502 the First Amendment to the Lease Agreements and Construction Administration Agreement; and WHEREAS, the City Commission approved on December 11, 2025 pursuant to Resolution No. R-25-0538 the Second Amendment to the Construction Administration Agreement; and WHEREAS, the City and Owner have agreed to enhance the Public Park with additional improvements as described in the Second Amendment to the Construction Administration Agreements; and WHEREAS, the City is desirous of delivering an enhanced park for its residents within Jorge Mas Canosa Park at the Miami Freedom Park SAP Area; and WHEREAS, Section 14 of the Development Agreement and Exhibit D thereto identify certain public benefits ("Public Benefits") provided in connection with the Project; and WHEREAS, the Parties desire to amend specific provisions of Section 14 and Exhibit D in order to update certain Public Benefits, without modifying, impairing, or otherwise affecting the remaining Public Benefits set forth in Exhibit D or Section 14 of the Development Agreement; and WHEREAS, except as expressly amended herein, ail terms, covenants, obligations, and Public Benefits set forth in Section 14 and Exhibit D of the Development Agreement shall remain in full force and effect; and WHEREAS, the City Commission pursuant to Ordinance No. 14444, adopted February 12, 2026, a copy attached as Exhibit "C," has authorized the City Manager to execute this First Amendment upon the terms and conditions set forth below, and the Developer has been duly authorized to execute this Agreement upon the terms and conditions set forth below; and 2 First Amendment to Development Agreement A1icuni Freedom Park and City of Miami NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby understood and agreed: Section 1. Recitals. The above recitals are true and correct and incorporated and made a part of this agreement by reference. Section 2, Definitions. Capitalized terms shall have the definition as set forth in Section 3 of the Development Agreement or as otherwise defined herein. Section 3. Public Benefits Pursuant to the Development Agreement. Subsections i (Park Fund Contribution) and iii (Public Park Development) of Section 14 of the Development Agreement is hereby amended in the following particulars (underlined language is added and stricken language is deleted): i. Park Fund Contribution: Pursuant to Section 3.5(A) of the Construction Administration Agreement, Developer will make certain contributions for the aequisition-anki-improvements to City Parks the Public Park. Public Park Development: Pursuant to Section 2.3 of the Construction Administration Agreement, Developer will complete the Environmental Work within the Public Park Parcel in accordance with the requirements set forth in Exhibit E of the Construction Administration Agreement and deliver to the City a public park within the Overall Property with such improvements as set forth in and pursuant to the terms of Exhibit D of the Construction Administration Agreement (Enhanced Park Design and Construction Addendum) of the Construction Administration Agreement. Exhibits E and D of the Construction Administration Agreement attached hereto as a part of Exhibit D of this First Amendment. The City Manager or designee shall be responsible for determining compliance with the obligations set forth in the Enhanced Park Design and Construction Addendum attached as part of Exhibit D of this First Amendment. Section 4. Exhibit D of the Development Agreement. Exhibit D of the Development Agreement is hereby deleted and replaced with revised Exhibit D attached to this First Amendment. Section 5. Amendment. Notwithstanding this First Amendment. all terns and conditions of the Development Agreement not in conflict with this Amendment shall remain in full force and effect and be binding upon the Parties. Section 6. Counterparts/Electronic Signatures. This First Amendment may be executed in counterparts and by electronic mail, each of which executed counterpart shall constitute the same agreement and shall be deemed an original and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Section 7. Successors and Assigns. All of the terms and conditions of this First Amendment shall apply to benefit and bind the successors and assigns of the respective parties. [Signatures on next page] 3 First Amendment to Development Agreement Miami Freedom Park and City of Miami NOW, WHEREOF, the City and the Developer have caused this Agreement to be duly executed. Miami Freedom Park, LLC, a Delaware limited liability company By: ataeter Name: vbr i vac Cov - Title: $1fA'CNI.tk- STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) fhc toregoing instrument was acknowledged before me by means of [1 physical presence or ❑ online notarization, this 21_ day oi- E,SE'}Vh *- - OZ(Q _ , hypegpalAcG9 k. , as Pr5ir eNT of MIAMI FREEDOM PARK, LLC, a Delaware limited liability company, on behalf of said limited liability company, who is personally known to me or who has produced as identification. [NOTARIAL SEAL] yry JENNIFER ELIZABETH PERE2 Notary Public - State of Florida ji Commission M HH 687995 My Comm. Expires Jun 20, 2029 Bonded through National Rotary Assn. N Print Ni Notary Pu h , A Commission httfrij28. My Commiss un Expires: } 2021 4 First Amendment to Development Agreement Miami Freedom Park and City of Miami ATTEST: DocuSlgned by: Todd B. Hannon City Clerk CITY OF MIAMI, a municipal corporation of the State of Florida By: Signed by: Signed by: AflSGSoFLaHara_. James Reyes City Manager APPROVED AS TO [N U ' NCE APPROVED AS TO LEGAL FORM & REQUIREMENT / CORRECTNESS: By: / .- By: David Ruiz, nterii Director Risk Man.:ement epartment STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) lDocuSigned by: at•Orq., (Also t« nur. George K. Wysong III City Attorney AI.K 25-3687 >EPP Development Agreement The foregoing inwurnent was ack owledged before me by means of ❑ physical presence or online notarization, this ' day of Hr, by James Reyes, as the City Manager of the CITY OF MIAMI, a municipal corporation of the State of Florida, for the purposes stated herein. He/She is personally known to me or has produced as identification. SANDRA GILBERT MY COMMISSION # HH 623478 EXPIRES: April 20, 2029 5 Alaf-ary-Pubh = My Commission Expires: first Amendment to Development Agreement Miami Freedom Pork and City of Miami Exhibit A Legal Overall Property 6 SKETCH TO ACCOMPANY LEGAL DESCRIPTION N SCALE: 1'=500' N t"=500' N88'49 41 f 251.82' 50.00 POINT OF COMMENCEMENT Southwest Corner, Northeast 1/4, Section 32-53-41 7S7 V ,ri North Line, NE !/4, Line, NE i/4, Section 32-53-41 N6724 211 2019.58' 7/, /� 5, 677, 404± NET SQUARE FEET / 130.335± NET ACRES Lrw.rf7ln/r ', ?ice 1' a L=7.15' 4=0'16 4B' ° / // R=746340' CH.D.=7.15' r / CH.B=501'443l / � so 1 'S2 37 2: 24 6. 60' /' , L=240.78' ,A=4'48'14"' R=2871.79' CH.11=240.71' CH.8.=504'17'04T r/ / //I / . / i' /� / = L-240.19C' A=4"�h9'14 ` / , / !• R 2864.79' CN.D.=24012' CN.8.=i174'1704 •/ - r • // r`/1 72 %! /• r / / -1-r" r /a - _,, , J /-. J I. L — fJ. y-?�r -1 r y ,7 4 ig y L� r ` 1, r� fir, # - .r y _.1 . ; r ' ra ' ra v .! J s - .+. . , 1 J'$r '.� L=337.81' d=41'?a32" ,_,_',I � LeJeune Garden a 7 'R=470,00' CN.f1=d3059' /.2' Jt# Estates Section 4 _"7 CH.B.=*N24'003271 fi .r,1 1'r Plat Book 44, Ivi /r Page 23 R } &74 NO05J'17'W 59.96'"i :+ ,4 J• /'b/±1'.14 # —S88'08'1814' 123E 71' -N00'54 351f 45.01' POINT OF BEGINNING N00'5,3'171V 45.01 ' Lv / /f •/ • f -r _... ` 58T4627V 700.00. j,._ 35.00' Northeast Corner, Section 32-53--41 65.00' 57' VW SUBRAR17 AIR L'NE S88'08't 8'If' 80.00' $0152'57 E 213 00' - N.W. 14th 51RCEr South Line, N.E. 1/4, Section .32-53-41 h an Note: 1. The bearings shown hereon relate to an assumed bearing (North 8808'18" East) along the South line of the Northeast One -Quarter (1/4) of Section 32, Township 53 South, Range 41 East, Miami -Dade County, Florida. 2. This sketch is not valid without the signature and the original raised seal of the attesting Florida licensed surveyor and mapper R - Radius d - Delta Angle L - Arc Length ChB. - Chord Bearing Ch.O. - Chord Distance r SS A SCHWEBKE S H I S K I N + ASSOCIATES LAND SURVEYORS • ENGINEERS • LAND PLANNERS 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8264 THIS IS NOT A "LAND SURVEY." SHEET 1 OF 2 SHEET(S) ORDER NO.: DATE: F B • N.A. 214269 05/16/2022 (LB-87) K.\325J4I*Wilt .St GOY' (i+t+1Pr1SKL7Cti IEGA! G%rr1±NING',1'ttiiii!OCT 202±i,150.. L1 CX17191f fraE15 202J O J WC SKETCH TO ACCOMPANY LEGAL DESCRIPTION I. LEGAL DESCRIPTION: ALL THAT PORTION OF LEJEUNE CARDEN ESTATES SECTION 4, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT B00X 44 AT PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DARE COUNTY, FLORIDA, LING WITHIN THE BOUNDARY OF ME FOLLOWING DESCRIBED LANDS, TOGETHER WITH UN -SUBDIVIDED LANDS IYiNG WITHIN THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST' SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.. COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 32; THENCE N00'54 35"W ALONG THE WEST LINE OF SAID NORTHEAST 1/4 FOR 45.00 FEET; THENCE EASTERLY ALONG A LINE PARALLEL WITH AND 45 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 N88'08'18"E FOR 649,36 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO SE DESCRIBED; THENCE NO0'53'17"W ALONG THE RIGHT-OF-WAY OF THE LIMITED ACCESS 7O LEJEUNE ROAD (WW 42ND AVENUE) FOR 59.96 FEE7;• THENCE RUN ALONG SAID LIMITED ACCESS RIGHT-OF-WAY N48'58'49"W FOR 562.53 FEET TO A POINT ON THE NEXT DESCRIBED CURVE SAID POINT BEARS S4524'02"W FROM ITS CENTER; THENCE NORTHWESTERLY ALONG SAID CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 41'10'52" FOR AN ARC DISTANCE OF 337.81 FEET TO A POINT OF TANGENCY, THENCE RUN ALONG SAID RIGHT-OF-WAY NO3'25'06"W FOR 623.61 FEET• THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY N07'58'0O"W FOR 193.68 FEET TO ITS INTERSECTION WITH A LINE PARALLEL TO AND 50.00 FEET EAST OF THE WEST LINE OF THE SAID NORTHEAST 1/4 OF SECTION 32; THENCE RUN ALONG THE EASTERLY RIGHT-OF-WAY LINE OF LEJEUNE ROAD (NW 42ND AVENUE) NOO'5435"W FOR 992.21 FEET TO A POINT;; THENCE RUN N88'49'41 E FOR A DISTANCE OF 251.82 FEET TO A POINT; THENCE RUN N70'04 29"E FOR A DISTANCE OF 285.46 FEET TO ITS INTERSECTION WITH THE NORTH LINE OF THE SAID NORTHEAST 1/4 OF SECTION 32; THENCE RUN ALONG SAID NORTH LINE N8724'2I "E FOR 2019.58 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF NW 37TH AVENUE AS SHOWN ON SHEET 27D TO THE MUNICIPAL ATLAS OF THE CITY OF M14M1, SAID POINT OF INTERSECTION BEING ON A CIRCULAR CURVE CONCAVE TO THE EAST AND BEARS N88'23'51"E TO THE CENTER OF SAID CUURVE, THENCE SOUTHERLY ALONG SAID CURVE HAVING A RADIUS OF 1463.40 FEET, A CENTRAL ANGLE OF 00'1646' FOR AN ARC DISTANCE OF 7. 15 FEET; THENCE ALONG SAID RIGHT-OF-WAY. TANGENT TO THE LAST DESCRIBED CURVE 5.01'52'57"E FOR 246.61 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE EAST; THENCE SOUTH ALONG SAID RIGHT-OF-WAY AND CURVE HAVING A RADIUS OF 2871.79 FEET, A CENTRAL ANGLE OF 04'48'13" FOR AN ARC DISTANCE OF 240.77 FEET TO A POINT OF TANGENCY; THENCE RUN ALONG SAID RIGHT-OF-WAY S06'41 ' 11 "E FOR 117.62 FEE TO A CIRCULAR CURVE CONCAVE TO THE WEST, THENCE ALONG SAID RIGHT-OF-WAY AND CURVE HAVING A RADIUS OF 2864.79 FEET, A CENTRAL ANGLE OF 04'48'T3" FOR AN ARC DISTANCE OF 240.19 FEET TO A POINT OF TANGENCY; SAID POINT BEING 35 FEET WEST OF THE EAST LINE OF SAID NORTHEAST 1/4; THENCE RUN ALONG RIGHT -OF --WAY S01'52'57"E FOR 535.07 FEET TO ITS INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 32; THENCE S874627"W ALONG SAID PARALLEL LINE FOR 700.00 FEET TO A POINT 735.00 FEET WEST OF THE EAST LINE OF SAID NORTHEAST 1/4; THENCE S 01'5257"E PARALLEL TO SAID EAST LINE FOR 1064.41 FEET; THENCE RUN S88'08'18'W FOR A DISTANCE OF 80.00 FEET,' THENCE RUN SO 1'52 577E FORA DISTANCE OF 213.00 FEET; THENCE WESTERLY ALONG A LINE PARALLEL WITH AND 45 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF SAID SECTION 32; THENCE RUN S88'08'18"W FOR 1236.71 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 5,677,404 NET SQUARE FEET MORE DR LESS OR, 130.335 NET ACRES, MORE OR LESS. Note: I. The bearings shown hereon relate to an assumed bearing (North 88'08'18" East) along the South line of the Northeast One -Quarter (1/4) of Section 32, Township 53 South, Range 41 East, Miami -Dade County, Florida. 2. This sketch is not valid without the signature and the original raised seal of the attesting Florida licensed surveyor and mapper. SCHWEBKE SHISKIN + ASSOCIATES LAND SURVEYORS • ENGINEERS • LAND PLANNERS (LB-87) 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARO:(954) 435-7010 FAX:(305) 652-6284 THIS IS NOT A "LAND SURVEY." SHEET 2 OF 2 SHEET(S) ORDER NO.: DATE. F B • 214269 05/16/2022 N.A. K:\375.34 14111MFF7F GO (1- COURSE 15KUCh' tCG-L1Rt=ZgNING1v'wG1FxH1n1rS OCT 202t1PARCF1 £XH;yii (.£GALS 2021107!,'U'G First Amendment to Development Agreemenl Miami Freedom Park and City of Miami Exhibit B Leased Property 7 SKETCH TO ACCOMPANY LEGAL DESCRIPTION SCALE: 1 "= 500. 50-#- I 51)00 1 asEN)E I) P.58 171; •SS' POINT OF, tY7i fi COMMENCEMENT 1, ,,. - — Southwest Corner, POINT OF BEGINNING -. 2421 F 609 46` N70'04 2.9f 285.46 ` H88°49'41 E' 251 82' N07S5 J7 "W 508 92' 5870.3.24.14, 4 09' - L=128.05' d 12'47'34 ` f R. 573.52' C11.9 = 127.79' ' C11.8.-N08'39"10'11/ 1=177.36' 11=46'39.17" 8=7t5.57' LHw=172.54`- Ctt8 = 7�JP' 1$Y)5'6' 1=7f;554. A-22.55.4f_.. R.tr38.52. Crtn _ 161 7.5' CHB-r173'01 "001' N w UN, 51NL'C1 Ir-19a,80' 9 . !p:il ' 3f., a: G1rit >t6'48;x17F !/ r 4. 4 r r fi! r 64934 Northeast 1/4, NAR'08'!8"L Section .32-53-41 Note: 1. The hearings shown hereon relate to of the Northeast One -Quarter (1/4) of County, Florida. 2. This sketch is not valid without the licensed surveyor and mapper. j— N8724' 1 C 392 40' !North Line, NE 1/4, Section 32-53-41 --S7174'19 f 14644' 1-1/2.36' 4-46-L1.'17" R=2 ! ± 5,; C14.1.=1%.54' Crr r6=515818'0s1- \I\ L-64124' 1-64'03'41' R.-57 52' CH .D=608,36' CH 8. =5 ! 6'58'54 "w . 1 .'7 36' 6-46 3C?'17" ri-278 52' f.N!1 -17i 54 CtiI5'S,r'iv r 1.4 1 .11 V i e 1pt.#' - 1 i '' .dote: '.f nr 1 Plot P.,,,. 4.1, ,,riL - ' ▪ --- or-Nth—1 r J - - _ - -- - N0053.1 / W 45 01' ia� South Line, N.E. 1/4, Section 32. 53-41 N an assumed bearing (North 88'0818" East) along the South line Section 32, Township 53 South, Range 41 East, MAiarn -Dade signature and the original raised seal of the attesting Florida Northeast Corner, Section 32-53--4! qJ rN; R - Radius - Delta Angle L - Arc Length Ch B. - Chord Bearing Ch.D - Chord Distance SS 10,32�FErsr Cair couRsL1sKFTc LiEChr1Rr201.VG10WG\Exli1d'15 GC1 7a2'1PARCFL Cxu0nT Lr(.1LS POI ;01 DNG A SCHWEBKE SHISICIN + ASSOCIATES LAND SURVLYORS • ENGINELRS • LAND PLANNERS 3240 CORPORATE WAY, MIRAMAR, FLORIDA 3.3025 DADL(305) 652- /010 L3F?OWARD:(954) 435-I010 F'N(:(305) 652-8284 THIS IS NOT A "LAND SL,RVEY." SIICET OF — sbEE:(S) D9DER NO _ i14269 DATE 10/1i/202i FD _ NA (I f3-87) SKETCH TO ACCOMPANY LEGAL DESCRIPTION LEGAL DESCRIPTION. A PORTION OF UN -SUBDIVIDED LANDS LYING WHIN THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, THENCE RUN ALONG THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 88'08'18" EAST FORA DISTANCE OF 649.34 FEET TO A POINT THENCE RUN NORTH 00'53'17" WEST FORA DISTANCE OF 45.01 FEET TO A POINT ON A LINE 45.00 FEU NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32; THENCE RUN ALONG THE EASTERLY LIMITED ACCESS' RIGHT-OF-WAY LINE OF N.W. 42ND AVENUE (LFJEUNE ROAD) THE FOLLOWING FIVE (5) COURSES; (1) THENCE RUN NORTH 00'53'17' WEST FORA DISTANCE OF 59.96 FEET TO A POINT, (2) THENCE RUN NORTH 48'58 49" WEST FORA DISTANCE OF 562.53 FEET TO A POINT ON THE NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO THE NORTHEAST,' (3) THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 411052, A CHORD LENGTH 06 330.59 FEET ALONG A CHORD BEARING OF NORTH 24'00'32" WEST, FORA DISTANCE OF 337.81 FEET TO A POINT OF TANGENCY, (4) THENCE RUN NORTH 03'25'06" WEST FORA DISTANCE OF 62361 FEET TO A POINT; (5) THENCE RUN NORTH 0758'00" WEST TOR A DISTANCE OF 193.68 FEET TO A POINT ON A LINE 50.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES T0, THE WEST LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32; THENCE RUN ALONG A LINE 50 00 FEET EAST OF AND PARALLEL WITII, AS MEASURED AT RICHT ANGLES T0, THE WEST LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION .32, NORTH 00'54 35' WEST FOR A DISTANCE OF 992.21 FEET TO A PONT; THENCE RUN NORTH 8849 41 " FAST FORA DISTANCE OF 251.82 EEL 170 A POINT,. THENCE RUN NORTH 70'0429" EAST FORA DISTANCE OF 285.46 FEET TO A POINT ON THE NORTH LINE O1 SAID SECTION 32; THENCE RUA' ALONG THE NORTH TINE OF SAID SECTION 32, NORTH 8724 21 " EAST FOR A DISTANCE DE 609.4C FEET 10 THE POINT OF BEGINNING Of THE FOLLOWING DESCRIBED PAN0LL OT LANO; THENCE CONTINUE ALONG THE NORTH IINE OF .SAID SECTION ,32, NORTH 87'24 21 " EAST FORA DISTANCE OF 392.40 FEET TO A POINT,. THENCE RUN SOUTH 7124'19" FAST FOR A DISTANCE OF 146 44 FEE 1 1O A POINT ON A NON- TANGENT CIRCULAR CURVE CONCAVE TO THE SOUTHWEST THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 658,52 FEET, A CENTRAL ANGLE OF 1030'38", A CHORD LENGTH OF 120.63 FEET AND A CHORD BEARING OF SOUTH 66'48'32" (AST, FOR AN ARC DISTANCE OF 120.80 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RAQIJS OF 218.52 FEET, A CENTRAL ANGLE OF 4630'17'; A CHORD LENGTH OF 172.54 FEET AND A CHORD DEARING OF SOUTH 38'18'05` EAST, FOR AN ARC DISTANCE OF 17736 FEET TO A POINT OF COMPOUND CURVATURE, THENCE RUN SOUTHERLY ALONG THE ARC OF A CIRCULAR CURVE TO TILE RIGHT, HAVING A RADIUS or 573.52 FEET, A CENTRAL ANGLE OF 64`03'41" A CHORD LENGTH OF 608.36 FEET AND A CHORD BEARING OF SOUTH 165854" WEST FOR AN ARC DISTANCE OF 641.24 FEET TO A PRINT OF COMPOUND CURVATURE THENCE RUN WESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVINC A RADIUS OF 218.52 FEET A CENTRAL ANGLE OF 4630'17'; A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF SOUTH 72'15'52" WEST, FOR AN ARC DISTANCE OF 177.36 FEET TO A POINT OF COMPOUND CURVATURE.: THENCE RUN WESTERLY ALONG THE ARC OE A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 658.52 FEET A CENTRAL ANGLE OF 22'55'46'; A CHORD LENGTH OF 261 78 FEET AND A CHORD BEARING OF NORTH 73'0106" WEST, FOR AN ARC DISTANCE OF 263.54 FEET TO A POINT OF COMPOUND CURVATURE; THFNCF RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGh'T HAVING A RADIUS OF 218.52 FEET A CENTRAL ANGLE or 4630'17'; A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF NORTH 38'1805" WEST FOR AN ARC DISTANCE OF 177.36 FEET TO A POINT OF COMPOUND CURVATURE, THENCE RUN NORTHERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, IIAVING A RADIUS OF 573.52 FEET, A CENTRAL ANGLE OF 124734', A CHORD LENGTH OF 12779 FEET AND A CHORD BEARING OF NORTH 08'39'10" WEST FOR AN ARC DISTANCE 0f 128.05 FEET TO A POINT, THENCE RUN SOUTH 87'03'24' WEST FOR A DISTANCE OF 4.09 FEET TO A POINT,• THENCE RUN NORTH 025557" WEST FOR A DISTANCE OF 508.92 FEET TO THE POINT OF BEGINIWNr6;; CONTAINING 547.554 SQUARE FEET MORE OR LESS OR 12.570 ACRES MORE 0R LESS. NOTE 1 THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (NORTH 88'08'18" EAST) ALONG THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EA57, MIAMI-DADE COUNTY, FLORIDA. 2 THIS SKETCH IS N01 VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE ATTESTING FLORIDA LICENSED SURVEYOR AND MAPPER. A SCHWEBKE S H I S K I N+ ASSOCIATES 0B-87) LAND SURVEYORS • ENGINEERS LAND PLANNERS 3240 CORHORA1 E WAY, MIRAMAR, FLORIDA 33025 DADL:(305) 652-7010 ©RO'NARD:(954) 435-7010 FAX:(305) 652-8284 THIS 15 NOT A "LAND SURVEY SHEET OF SHEET(S) ORDER ND 214269 DATE 10/11/7021 FB: --- NA POINT OF commaffinir Southwest Corne, , rN88'08'181' &49„74 Northeast 1/4, Section 32-53-41 SKETCH TO ACCOMPANY LEGAL DESCRIPTION POINT c r SCALE 1"=500' BEGINNING N8724'21 T 117 47' N7O'04 29E 285.48' N88'49 4 i 1' �^ 251.82' 50.00 tt North Line, NE 1/4, H87'242rE Section 32-53-41 491.99' N87'24 21 t 551.42' Poin t'A„N8T24'211' 958.69' POINT Or 502.5537'E BEGINNING 15297' air N03111 Q8w 244.78' S86'.SP^54'W 546.60' 501'52158'E 242,22' L-208 06' 5=62'44 26' R 190.00' CNA.-197.82' CH.B-N38'42'14EE N07'20'01'E 167.35' N0T58'o0 W 19186' --...II N.W. 171e shREE! -- I� ....i kn ,— -- -, .. I- - 1� , — —1— — — '1 r — 7 — ,R-1 rd— r I {� I J 1 ,p—4-----I '.----T----1�i� —2 . vim "� , I 1- 1 I _'—1�}2_Ji1 1 31 1 L_--7 11 —� I .0 - 0 .—}----I'Cr 1 1. .4 !Syr—S i -i _; L— ——J—_(—J L--II - -- ,.y1---- tl'I a , ,y , J 1 ,. I '1 , I .fi, a�i J+-'�_1#I _{ _i�_�_.�zr 'L-^�= J i _--"l--_-JL-_---111 ' y� w - -- t_;- C-7.77.81' 41 41'1052" . I 2J ": LeJeune Gorden u; ' 1.1 r- R-470.00' CH,8.330.59' 1: 1 1 1 1 Estates Section 4-1 ;;; c) •c _ 1r I-�=1-CH. N2400J7'W , _ , , 1} Plat Book 44, 4 i`1 i�_ I rr 1 IF. I r—,�-1 -,y. l T---'J---1 1 1r-I �,• .E x t..13 - fi-� 1.- +l 1 ,74i1 L-1J—t—,y I 1 _—'_i-1_— 1 L_ r1 id 14 tf �--1»_ I ! --i r I 1 �1 I I1 r-I� I is I 1f' 15 1 ,,. I'l- 1-.f-, L -I --.-1F I--1'--t--i.- 1 11, III NOID53'f7'M59.96' � I,i�-i.. i-Y)l ��L_I L- j 1.11 11O0'53'171Y 45.01' Note: 1. The bearings shown hereon relate to on assumed hearing (North 88V8'18" East) along the South line of the Northeast One --Quarter (1/4) of Section 32, Township 53 South, Range 41 East, Htiami-Dade County, Florido. 2. This sketch is not valid without the signature and the original roised seal of the attesting Florida `licensed surveyor and mapper. Northeast Comer, Section 32-53-41 65.00' 35.00' South Line, N.E 1/4, Section 32-53-41 R - Radius - Delta Angle L - Arc Length Ch.B. - Chord Bearing Ch.O. - Chord Distance SS A SCHWEBKE S H 1 S K I N + ASSOCIATES (LB-87) LAND SURVEYORS • ENGINEERS • LAND PLANNERS 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 9ROWARD:(954) 435-7010 FAX:(305) 652-8284 THIS IS NOT A "LAND SURVEY." SHEET _ OF SHEET(S) ORDER NO.: 214269 DATE 10/11/2021 F.B. N.A. K \ 2!,Ja F \MrtF.t, 5L GOtr COUHS SK[k1-1 tfCA, t°.ZONIvc K;\i H?8l:S GC; _02i1?�Ih'(h �th,52T CCA I Z..C2:10!I ]WC SKETCH TO ACCOMPANY LEGAL DESCRIPTION LEGAL DESCRIPTION: A PORIJON Of UN -SUBDIVIDED LANDS L YING WITHIN THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF 1ILL NOR!UTAST ONE -QUARTER (1,/4) OF SAID SEC IION J2,- THENCE RUN ALONG THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 88'08'TB" EAST FOR A DISTANCE OF 649 34 FEET TO A POINT;; THENCE RUN NORTH 00'53'17" WEST FOR A DISTANCE OF 45.01 FEET TO A POINT ON A LINE 45 00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES T0, THE SAID SOUTH 11NF OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32; THENCE RUN ALONG THE EASTERLY LIMITED ACCESS RIGHT -OE --WAY LINE OF N.W. 42N0 AVENUE (LEJEUNE ROAD) THE FOLLOWING FIVE (5) COURSES,' (T) THENCE RUN NORTH 00'53'17" WEST FOR A DISTANCE OF 59 96 FEET TO A POINT; (2) THENCE RUN NORTH 48'58'49' WEST FOR A DISTANCE Of 562.53 FEET TO A POINT ON THE NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO THE NORTHEAST (3) THENCE RUN NORTHWESTERLY ALONG THE ARC' OF SAID CURVE TO THE RIGHT HAVING A RADIUS 01 4/0. 00 FELT, A CENTRAL ANGLE OF 41' 1 0'52 ", A CHORD LENGTH Of 330.59 FEET ALONG A CHORD BEARING OF NORTH 24'00'32" WEST FOR A DISTANCE OF 337.81 FEET TO A POINT OE TANGENCY (4) THENCE RUN NORTH 03'25 05' WEST FOR A DISTANCE OF 625.51 FEET TO A POINT, (5) THENCE RUN NORTH 07 58'00" WEST FOR A DISTANCE OF 1 93.68 FEET TO A POINT ON A LINE 50 00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES T0, THE WEST LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32; THENCE RUN ALONG A LINE 50.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED Al RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32. NORTH 00'54 35" WEST FOR A DISTANCE OF 992.21 FEET TO A POLNI; THE RUN NORTH 83'49'41" EAST FOR A DISTANCE OF 251.82 FEET TO A POINT; THENCE RUN NORTH 70'04'29" EAST FOR A DISTANCE OF 285 46 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 32; THENCE .RUN ALONG THE NORTH LINE Of SAID SECTION 32, NORTH 87'24 21 " EAST FOR A DISTANCE Of 117.4/ FEET 10 TILL POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND, THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 87'24'21 " EAST FOR A DISTANCE OF 497,99 FEET TO A POINT HEREINAFTER KNOWN A5 POIN! 'A'; IHLNCE RUN SOUTH 0255'3I" FAST FOR A DISTANCE OF 150.97 FEET TO A POINT; THENCE RUN SOUTH 7200'1O" WEST FOR A DISTANCE OF 1764.70 FEET TO A POINT THENCE RUN NORTH 0720'01 " tA51 IOR A DISTANCE OF 167.35 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS Of 190.00 1 f F T A Cf N7RAI AN(! F (1f 62-44 26 ", A CHORD LENGTH OF 19782 FEF T AND A CHORD HEARING OF NOR 11-1 38 42'14" EAST, FOR AN ARC DISTANCE OF 208.06 FEET TO A POINT• THENCE RUN NORTH 7004 27" EAST FOR A INSTANCE OF 492.97 ELT TO THE POINT OF BEGINNING; CONTAINING 212, 515 SQUARE FEET MORE OR LESS DR 6.256 ACRES MORE OR LESS. TOGETHER WITH.• COMMENCE AT IRE AFOREMENTIONED POINT A; THENCE RUN ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 572421" EAST FOR A DISTANCE OF 958 69 FEET TO THE PDINI OF HEGINNfNG 'i4" OF THE FOLLOWING DESCRIBED PARCEL OF LAND, THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 87'24'21" EAST FOR A DISTANCE OF 351.42 FEET TO A POINT, THENCE SOUTH 01'52'56" EAST FOR A DISTANCE OF 242.22 FEET, THENCE SOUTH 86'58'54" WEST FOR A DISTANCE OE 34660 ELL1 TO A POINT; THENCE NORTH 03'01'06" WEST FOR A DISTANT:f Of 244 78 FEET 10 [PC POINT OE BEGINNING 'B'; CONTAINING 84,978 SQUARE FEET MORE OR LESS OR 1.951 ACRES MORE OR 1 E55. NOTE: 1. TI* BEARINGS SHOWN HER FON RFL ATE TO AN AS511111ED BEARING (NORTH 88'08'18" EAST? ALONG 11* SOUTH LINE OF THE NORTHEAST ONE -GUAR TER (1/4) OF SECTION 32, TOWNSHIP 53SOUTH, RANGL 41 EAST MIAMI-DADE COUNTY, FLORIDA. 2. 71115 SKETCH IS NOT VALID ,111THOUI THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE AT TESTING FLORIOA LICENSED SURVEYOR AND MAPPER. A SCHWEBKE SHISKIN + ASSOCIATES LAND SURVEYORS • ENGINEERS • I AND PLANNERS (LB-87) 3240 CORPORAIL WAY, MIRA'AR, FLOR}DA 33025 DADI:(305) 652-1C10 OROWARD(954) 435-1010 IAX:(305) 652 a284 ORDER NO.. THIS IS NOT A "LAND SURVEY." 2142E9 DATE: 10/11/2021 SHEET OF SHLE_ I (S) 9 : _ N A. SKETCH TO ACCOMPANY LEGAL DESCRIPTION N872421 E 117.47' N70'04 29 T 285.46 IV88'49 4 E 25 .82' 50.00 -+- SCALE: 1"=500' A 50.00 = POINT OF BEGINNING POINT OF COMMENCEMENT Southwest Corner, Northeast 1/4, Section 32-53-41 -North Line, NE 1/4, Section 32-53-41 r• 012.00'10" j 16.4 70 5025537"f_j '• 357.95' L=208.06' 4=6T44 26" R-190.00' CH.D.-197.82' CHB=538'42'14"W 607'20'01 V 167.35' L=124.05' 4=12'4734" • R=573.52' CH.9=127.79' C118.=508'39'10"E L=177.36' 4-4630'17" R=218.52' CH.D.=172.54' CH.8.=538'18'05! L=263:54' 4- 22'55"46" ,f R=658.52' CH.D.=261.i8' CH:8.=S23 O1 '06E ' + I _ I • - .�. k 11 e , L=106.97' 4=13'02'27" I- I R=470.00' CH.D.=106.74' y_ _ CN.6 =N09'56'20W 56'58 54 w 734.49' Northeast Corner, Section 32-53-41 C O 148703 26'5 4E 588'54 V 4.09' 56.97' �`503'Q3'12E j 375.24' L=64 d=64'0303'41" R=573.52' CH.0.=608.36' CH.8-N165854 E r� L--624.3Q' 4-85'06'29" R=420.29' CH.D.=56'8.47' co CH.B.-538'45'05'K' L=177.36" 4=46'3Q'17" R-216.52' CH.D.=r72.54' CH.8.=N72'15'52 E N.W. r_, 7fh Mir _ - - - - 1- 6 1 1 (-. ! L 127R24'.4=84.37'16' R=665, 48' CH.D.=1165.19' I I 1 - - 1 CH.B.-541'2031V L=177,36' A=46'30'17" R=218.52' CH.D.=172.54' CH.8.-W38'18'05'W ; , Plat Book 44, 1 8 j L 230 84` d 28'08'25" 1 - L=159 64' 4-8757 V " , - I CH.B.-NiO3145'W I h 1 1 - ' N88'08.18'E 649.34' L=120.80' A=10'3038" =65852' CH.O.=120.63' CH.6. =N66'48'32'W Nu/'242r E 566.28' N7r'24'1914' 146.44' 1---- 1 I s I I I. 1 1.. `1 - LeJeune Garden i Estotes Section 4 • Page 23 R=470.00' CH.0.=228.52' R=104.00' CH.D.= I 44.42' 1 " I _-CH.8.=543'QD 23W -, - -' .. i i 11 , 1 _ _- 1 y�l: �j 11 - I- - it Q1 - - + - rk, i�Sil_ ,{ ;1 Q1 1 1�1 I • I I I - -. a - rail i 1!I I 1 yI *l 6Y'� I, __I I.- -��_' 1 - -W. �4fh £1 ~ '�-� NDD53'r7 w1 South Line, N.E. 1/4, 45.01' N Section 32-53-41 65.00' I -o 35.00' Note: 1. The bearings shown hereon relate to an assumed bearing (North 8808'18" East) along ?he South line of the Northeast One -Quarter (I/4) of Section 32, Township 53 South, Range 41 East, Miami -Dade County, Florida. 2. This sketch is not volid without the signature and the original raised seal of the attesting Florida licensed surveyor and mapper. s. J R - Radius A - Delta Angle L - Arc Length Ch.B. - Chord Bearing Ch.D. - Chord Distance EgASCHWEBKE SHISKIN + ASSOCIATES LAND SURVEYORS • ENGINEERS • LAND PLANNERS (LB-87) 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652--7010 6ROWARD:(954) 435-7010 FAX:(305) 652-8284 THIS IS NOT A "LAND SURVEY" SHEET - OF SHEET(S) ORDER NO DATE: 10/11/2021 FS• 214269 N,A. SKETCH TO ACCOMPANY LEGAL DESCRIPTION LEGAL DESCRIPTION.: ALL THAT PORTION OF LEJEUNE GARDEN ESTATES SECTION 4, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 600K 44 AT PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WITHIN THE BOUNDARY OF THE FOLLOWING DESCRIBED LANDS, TOGETHER WITH UN -SUBDIVIDED LANDS LYING WITHIN THE NORTHEAST ONE --QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOU17°l, RANGE 41 EAST SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32; THENCE RUN ALONG THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 88'08'18" EAST FOR A DISTANCE OF 649.34 FEET TO A POINT; THENCE RUN NORTH 00'53'17" WEST FOR A DISTANCE OF 45.01 FEET TO A POINT ON A LINE 45,00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH LINE OF THE NORTHEAST ONE -QUARTER (I/4) OF SECTION 32; THENCE RUN ALONG THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF N.W. 42ND AVENUE (LEJEUNE ROAD) THE FOLLOWING SIX (6) COURSES; (1) THENCE RUN NORTH 00'53'17" WEST FOR A DISTANCE OF 59.96 FEET TO A POINT; (2) THENCE RUN NORTH 48`58'49" WEST FOR A DISTANCE OF 562.53 FEET TO A P01NT ON THE NEXT DESCRIBED CIRCULAR CURVE CONCAVE TO THE NORTHEAST; (3) THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 28'08'25'; A CHORD LENGTH OF 228.52 FEET ALONG A CHORD BEARING OF NORTH 303145" WEST FOR A DISTANCE OF 230.84 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST ANO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; (4) THENCE CONTINUE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 13'02 27 , A CHORD LENGTH OF 106.74 FEET ALONG A CHORD BEARING OF NORTH 09 56'20" WEST, FOR A DISTANCE OF 106.97 FEET TO A POINT OF TANGENCY,. (5) THENCE RUN NORTH 03'25'06" WEST FOR A DISTANCE OF 623.61 FEET TO A POINT, (6) THENCE RUN NORTH 07'58'00" WEST FOR A DISTANCE OF 193.68 FEET TO A POINT ON A LINE 50.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32; THENCE RUN ALONG A LINE 50.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 00'54'35" WEST FOR A DISTANCE OF 992.21 FEET TO A POINT; THENCE RUN NORTH 88'49'41 " EAST FOR A DISTANCE OF 251.82 FEET TO A POINT; THENCE RUN NORTH 70'04 29" LAST FOR A DISTANCE OF 285.46 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 32; THENCE RUN ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 87'24 21 " EAST FOR A DISTANCE OF 117.47 FEET TO THE POINT' THENCE RUN SOUTH 70104 27" WEST FOR A DISTANCE OF 492.97 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 19000 FEET A CENTRAL ANGLE OF 624426 A CHORD LENGTH OF 197,82 FEET AND A CHORD BEARING OF SOUTH 3842'14" WEST, FOR AN ARC DISTANCE OF 208.06 FEET TO A POINT; THENCE RUN SOUTH 0720'01" WEST FOR A DISTANCE OF 16735 FEET TO A POINT; THENCE RUN NORTH 72'00'10" EAST FOR A DISTANCE OF 1164.70 FEET TO A POINT THENCE RUN SOUTH 02'55'37" EAST FOR A DISTANCE OF 35795 FEET TO A POINT THENCE RUN NORTH 8703'24" EAST FOR A DISTANCE OF 4.09 FEET TO A POINT ON A NON -TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST THENCE RUN SOUTHERLY ALONG T7-IE ARC OF SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 573.52 FEET A CENTRAL ANGLE OF 12'47'34', A CHORD LENGTH OF 127.79 FEET AND A CHORD BEARING OF SOUTH 08'39'10" EAST, FOR AN ARC DISTANCE OF 128.05 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN SOUTHEASTERLY ALONG' THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 218.52 FEET; A CENTRAL ANGLE OF 4630'17'; SS SCHWEBKE S H I S K I N+ ASSOCIATES LAND SURVEYORS • ENGINEERS • LAND PLANNERS 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) 652-8294 THIS IS NOT A "LAND SURVEY." SHEET - OF _ SHEET(S) ORDER NO.: 214269 DATE. 1 D/ 11 /2021 F S . N.A. (LB-87) K?3253411MCLR£ESC COLT COURS£\SKETC.ti L£CAL1/4RC?ONING\DPIC tXKiRIIS OCT 2021`PARCF1 £X'llW tEktS 2U211011 O14'C SKETCH TO ACCOMPANY LEGAL DESCRIPTION A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF SOUTH 3878 05" EAST, FOR AN ARC DISTANCE OF 177.36 FEET TO A POINT OF COMPOUND CURVATURE THENCE RUN EASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 658.52 FEET, A CENTRAL ANGLE OF 2255'46, A CHORD LENGTH OF 261.78 FEET AND A CHORD BEARING OF SOUTH 7301'06" EAST, FOR AN ARC DISTANCE OF 263.54 FEET TO A. POINT OF COMPOUND CURVATURE, THENCE RUN EASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 21852 FEET, A CENTRAL ANGLE OF 4630'17' A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF NORTH 7275 52' EAST, FOR AN ARC DISTANCE OF 17736 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN NORTHERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 573.52 FEET, A CENTRAL ANGLE OF 6403'41 ", A CHORD LENGTH OF 608.36 FEET AND A CHORD BEARING OF NORTH 165854" EAST, FOR AN ARC DISTANCE OF 641.24 FEET TO A POINT OF COMPOUND CURVATURE - THENCE RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 218.52 FEET, A CENTRAL ANGLE OF 4630'17", A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF NORTH 3878 05" WEST, FOR AN ARC DISTANCE OF 177.36 FEET TO A POINT OF COMPOUND CUR""✓ATURE, THENCE RUN NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 658.52 FEET, A CENTRAL ANGLE OF 10'30'38, A CHORD LENGTH OF 120.63 FEET AND A CHORD BEARING OF NORTH 66 48 32" WEST, FOR AN ARC DISTANCE OF 120.80 FEET TO A PONT; THENCE RUN NORTH /124'19" WEST FOR A DISTANCE OF 146.44 TEL I TO A POINT; THENCE RUN ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 8724'21" EAST FORA DISTANCE OF 566.28 FEET TO A POINT; THENCE RUN SOUTH 037)1'06" EAST FOR A DISTANCE OF 244.78 FEET TO A POINT; THENCE RUN SOUTH 865854" WEST FORA DISTANCE OF 58.97 FEET TO A POINT; THENCE RUN SOUTH 0303'12" EAST FOR A DISTANCE OF 375.24 FEET TO A POINT ON A NON -TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHWEST THENCE RUN SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 420.29 FEET, A CENTRAL ANGLE OF 85 06'29", A CHORD LENGTH OF 568.47 FEET AND A CHORD BEARING OF SOUTH 38 45 05" WEST, FOR AN ARC DISTANCE OF 624.30 FEET TO A POINT ON TEE NEXT DESCRIBED NON -TANGENT CIRCULAR CURVE CONCAVE TO THE SOUTHEAST THENCE RUN SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 865.48 FEET A CENTRAL ANGLE OF 8437'16'; A CHORD LENGTH OF 1165.19 FEET AND A CHORD BEARING OF SOUTH 4120 31 " WEST, FOR AN ARC DISTANCE OF 1278.24 FEET TO A POINT REVERSE CURVATURE,; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 104.00 FEET, A CENTRAL ANGLE OF 8757'07' A CHORD LENGTH OF 144.42 FEET AND A CHORD BEARING OF SOUTH 4300'23" WEST, FOR AN ARC DISTANCE OF 159.64 FEET TO A POINT THENCE RUN SOUTH 865854" WEST FORA DISTANCE OF 739.49 FEET TO THE POINT OF BEGINNING,; CONTAINING 2,242,089 SQUARE FEET MORE OR LESS 0R 51.471 ACRES MORE OR LESS. NOTE: 1. THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (NORTH 8808'18" EAST) ALONG' THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER 1/4 OF SECTION 32, TOWNSHIP 53 SOUTH,, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA. 2. THIS SKETCH IS NOT VALID THOUT THE SIGNATURE AND Olt ORIGINAL RAISED SEAL OF THE ATTESTING FLORIDA LICENSED SURVEYOR AND MAPPER. J r�A SCHWEBKE S H I S K I N + ASSOCIATES • LAND SURVEYORS • ENGINEERS • LAND PLANNERS (LB-87) 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BRDWARD:(954) 435-7010 FAX:(305) 652-8284 THIS IS NOT A "LAND SURVEY." ORDER NO.: 214263 DATE- 10/11/2021 SHEET OF SHEET(S) F,B,: N.A. First Amendment to Development Agreement Miami Freedom Park and City of Miami Exhibit C City Commission Ordinance 8 City of Miami Ordinance 14444 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com File Number: 18590 Final Action Date: 2/12/2026 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC ADOPTED BY THE CITY COMMISSION VIA ORDINANCE NO. 14094 AND RECORDED IN OFFICIAL RECORDS BOOK 33783, PAGE 2301 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA GOVERNING THE PROPERTIES GENERALLY LOCATED AT 4000 NORTHWEST 14 STREET AND 1900/1950 NORTHWEST 37 AVENUE TO UPDATE SECTION 14 AND EXHIBIT D OF THE DEVELOPMENT REGARDING PUBLIC BENEFITS, CONSISTENT WITH THE RELATED LEASE DOCUMENTS, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE AMENDMENT TO THE DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A;" MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 30, 2023, a Development Agreement ("Agreement") was made and entered into between Miami Freedom Park, LLC a Delaware limited liability company (the "Lessee" or "Developer"), and the City of Miami, Florida a municipal corporation and a political subdivision of the State of Florida (the "City"); and WHEREAS, the City is the fee simple owner of approximately 131 acres of the property in Miami -Dade County, Florida, located between Northwest 14th Street to the South, Northwest 42 Avenue to the West, the City jurisdictional boundary to the North, and Northwest 37th Avenue to the East, all within the City (the "Overall Property"); and WHEREAS, in November of 2018, the electorate of the City approved the referendum to approve the negotiation of a ground lease and development agreement for the development of approximately seventy-three (73) acres of the Overall Property as a soccer stadium, entertainment center including food and beverage venues, office, retail, hotel and conference center, public facilities, park space, and other ancillary commercial development (the "Leased Property"); and WHEREAS, the Developer, pursuant to Resolution Nos. R-22-0156 and R-22-0157, adopted on April 28, 2022, entered into certain Ground Lease for the Soccer Stadium, that certain Ground Lease for Miami Freedom Park Commercial Development, and certain related easement agreements with the City, all dated as of February 9, 2023, governing the Lessee's use of the Leased Property (collectively, the Lease Agreement") and the Construction Administration Agreement (the "Construction Administration Agreement"); and City of Miami Page 1 of 3 File ID: 18590 (Revision: B) Printed On: 3/12/2026 File ID: 18590 Enactment Number: 14444 WHEREAS, on November 20, 2025, the City Commission approved amendments to the Lease Agreement and the Construction Administration Agreement between the City and the Developer pursuant to Resolution No. R-25-0502; and WHEREAS, an December 11, 2025, the City Commission approved further amendments to the Construction Administration Agreement between the City and the Developer pursuant to Resolution No. R-25-0538; and WHEREAS, the Development Agreement references and mirrors provisions in the Lease Agreement and the Construction Administration Agreement in Section 14 and Exhibit D, titled "Public Benefits References," of the Development Agreement; and WHEREAS, the Development Agreement needs to be amended to reflect the updated requirements to be incorporated in the amended Lease Agreement and the amended Construction Administration Agreement; and WHEREAS, City staff finds the changes proposed to be consistent with the amendments to the Lease Agreement and the Construction Administration Agreement as authorized by the City Commission on November 20, 2025 and December 11, 2025; and WHEREAS, City staff finds the Developer's intent to define Sports Fields does not exempt the Centralized Parking Structure from complying with Article 5 Section 5.7.1.6 (c) of Appendix N, titled "Miami Freedom Park," of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, assurance to the Developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process; NOW, THEREFORE, BE IT ORDAINED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Amendment, in a form acceptable to the City Attorney, a draft of which is attached as Exhibit "A", to the Development Agreement between the City of Miami and Miami Freedom Park, LLC adopted by the City Commission via Ordinance No. 14094 and recorded in Official Records Book 33783, Page 2301 of the Public Records of Miami -Dade County, Florida governing the properties generally located at 4000 Northwest 14 Street and 1900/1950 Northwest 37 Avenue to update Section 14 and Exhibit D of the Development Agreement regarding public benefits, consistent with the related lease documents, pursuant to Chapter 163, Florida Statutes, is approved. Section 3. The City Manager is authorized' to negotiate and execute the Amendment to the Development Agreement, in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit "A". ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 18590 (Revision: B) Panted on: 3/12/2026 File ID: 18590 Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Enactment Number: 14444 rrg III, C y - tor :y 2/27/2026 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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. City of Miami Page 3 of 3 File ID: 18590 (Revision: 8) Printed on: 3112/2026 First Amendment to Development Agreement Miami Freedom Park and City of Miami Revised Exhibit "D" Public Benefits References The following provisions are referenced in Section 14 of the Development Agreement and are hereby incorporated by reference in the Development Agreement. 9 Firs! Amendment to Development Agreement Miami Freedom Pork and City of Miami Park Fund Contribution: Pursuant to Section 3.5(A) of the Construction Administration Agreement, Developer will make certain contributions for the acquisition and improvements to City parks. 3.5 Community Contributions, (A) Park Fund Contribution. MFP shall contribute to the City $20,000,000.00, which the City shall use exclusively for the iniprovctnent and maintenance of the Public Park Parcel (the "Park Fund Contribution"). MFP shall contribute (i) fifty percent (50%) of the Park Fund Contribution ("Park Fund Contribution No. 1") upon the earlier to occur of (x) the date that is eighteen (18) months after the Lease Commencement Date, or (y) upon the issuance of the building permit for vertical construction of the Soccer Stadium Development (the Parties acknowledge that MFP satisfied the obligation to deliver Park Fund Contribution No. 1 to the City on December 26, 2024) and (ii) the remaining fifty percent (50%) of the Park Fund Contribution ("Park Fund Contribution No. 2") shall be (i) applied by MFP towards improvements of the Public Park Parcel in the manner set forth in Exhibit D to this Agreement, as amended. The City shall hold Park Fund Contribution No. 1 in a separate and segregated account specifically designated for the uses authorized herein. Prior to disbursement of any funds from such account, the City shall certify to MFP that the proceeds from such disbursement will be used for the purposes set forth herein and, upon request by MFP, the City shall provide MFP with a detailed accounting of the use of the proceeds maintained in such separate account. 10 First Amendment to Development Agreement Miami Freedom Park and City of .Miami Baywalk Contribution: Pursuant to Section 3.5(B) of the Construction Administration Agreement, Developer will make certain contributions for the benefit of the City's Baywalk-Riverwalk Projects. (B) !Jaywalk Contribution. MFP shall pay the City S5,000,000.00 for the benefit of the Baywalk-Riverwalk Project (the "Baywalk Contribution"). MFP shall contribute (i) fifty percent (50%) of the Baywalk Contribution upon the earlier to occur of (x) the date that is eighteen (18) months after the Lease Commencement Date, or (y) upon the issuance of the building permit for vertical construction of the Soccer Stadium Development and (ii) the remaining fitly percent (50%) of the Baywalk Contribution upon the issuance of the building permit for the vertical construction of the Soccer Stadium Development. For the avoidance of doubt, in the event that the building permit for vertical construction of the Soccer Stadium Development is issued before the date that is eighteen (18) months after the Lease Commencement Dale, MFP shall contribute one hundred percent (100%) of the Baywalk Contribution. The City shall hold the Baywalk Contribution in a separate and segregated account specifically designated for the uses authorized herein. Prior to disbursement of any funds from such account, the City shall certify to M F P that the proceeds from such disbursement will be used for the purposes set forth herein and, upon request by MFP, the City shall provide MFP with a detailed accounting of the use of the proceeds maintained in such separate account. 11 Firs! Amendment to Development Agreement Miami Freedom Park and City of Miami Public Park Development: Pursuant to Section 2.3 of the Construction Administration Agreement, Developer will complete the Environmental Work within the Public Park Parcel in accordance with the requirements set forth in Exhibit E of the Construction Administration Agreement and deliver to the City a public park within the Overall Property with such improvements as set forth in and pursuant to the terms of Exhibit D of the Construction Administration Agreement (Enhanced Park Design and Construction Addendum) of the Construction Administration Agreement. Exhibits E and D of the Construction Administration Agreement attached hereto as a part of Exhibit D of this First Amendment. The City Manager or designee shall be responsible for determining compliance with the obligations set forth in the Enhanced Park Design and Construction Addendum attached as part of Exhibit D of this First Amendment. 2.3. Park Rehabilitation and Environmental Work. MFP shall complete (i) the Park Site Development on behalf of the City in accordance with the program elements set forth in Exhibit D to this Agreement (Enhanced Park Design and Construction Addendum), as amended, and (ii) the Environmental Work in accordance with the requirements set forth in Exhibit E (the "Environmental Project Requirements"), as may be modified, and in compliance with, the "Soil Management Plan and Conceptual Engineering Control Plan for Miami Freedom Park" approved by DERM, which plans, for avoidance of doubt, remain subject to the City's rights under Section 4.2(F). MFP shall be responsible for the selection, oversight, and management of all portions of the Park Site Development and Environmental Work, including, but not limited to, engaging all contractors and consultants necessary to design, construct and remediate and complete all Environmental Work in a diligent, competent and professional manner, all in accordance with the provisions (Allis Agreement, Environmental Laws and Applicable Laws. Exhibits D and E of the Construction Administration Agreement attached hereto at the end of this Exhibit I First Amendment to Development Agreement Miami Freedom Park and City of Miami Living Wage: Pursuant to Article 12 of the Construction Administration Agreement and Article 27 of the Lease Agreements, the Developer will provide a living wage for its on -site employees and establish other programs related thereto. iu Apt.. 58 13 First Amendment to Development Agreement Miami Freedom Park arid City of Miami 11.= jArleta Wow:. (A) If, card Fier two long n►. Mir P or 1MS is acoveaed ke spkryor. MVP rid IMS "hall pay each of its She Ern playew%no kindkind= a Living Wage. MFP end P43 atoll caa,rn etch of id Site Affiliates thistle a Covered Employer pay their respective Site Employees nu irk' than 1IA yinWngc• (ii) MEP and IMS *hail establish a policy in the Demised Property providing Ian in subliee num= so pay a Living Wage to its Sine Employe -ea . (C) MEP Tod IMSshall provide int:CAWS, which aballbe newt kited onaeaae- bycauebait%, to suhli�icns notnire.wise meeting the Small Flushness Cap Ioencourage thens to provide a Li ving W age to their employers. 123 Covered f grplavet. for a Covered Employer to comply with the icquirement to pay a Living Wage by choosing to pay the tower wage seek available when a Caves] Employer also provides a standard health kraut plan arch health benefit plan shall raisin of u payment of at (east S1.SI pa lour toward the provision aF health benefits for Site Catpfoyees and their dependents. If the heath benefit plat of the Covered Employer requires an initial period of employment fora new Sae Employee to be eligible for health benefits, it Corned Employer may qualify to pay the S13.19 per hour wage scale for .teen, not to caeca the new Sits Fnrptoyea'a eligibif icy period, provided the new Site Employee will be paid health benefits upon completion of tlsc eligibility period, which period shall not ct,ceed 90 days. d4 11.4 1MS, regarding the Stadium Project, orrd MFP, regarding the rthtr Maier Pnguet Cornponcnit, mFpcc to sae "goal faith efforts,' thrrough the prime wnlrartras and their aubcontracinm to have twenty percent (2IW) of the conswttmn larhor force. including eltolrioul workers, conipritung of union employees. tin, applicable contract% with IMSI or Mfrs luirmc contractors will contain paaniclons ttq,ri►ing sdch prime connectors and that %uterni aciora to use goad faith drone to have twenty percent (204) of the cunstruetioa labor force comprising of union employees IMS and MF'P hart canmasced negotiations with Boiled Flans. focal 355. on a Labor Peace Agreement. If the constriction work is phraaf. the requirements of tits Article 12 shall apply individually in whir and every photo. When evaluating whether IMS or MFP. through their prime comractttrs sad then subcontractor', have undt/token 'good faitkefforts" to comply with the ncyairernents set firth herein. the parties agree that the evaluation Ibams (as rcnaorably modified toattdrosi the specific eircunitanees set Furth hereto) Ireluded Menthe A to 49 CfR Pori 26, Guidance Couccrnttng (food Faith Efforts, shall loon the bans of such evolution. Firs! Amendment to Development Agreement Miami Freedom Park and City of Miami Responsible Wages: Pursuant to Section 11.2 of the Construction Administration Agreement, Developer will use reasonable best efforts to pay responsible wages for laborers and mechanics performing work on the Stadium. 111 ResounsiW Wages, 1MS dial use reasonable best efforts to ensure that all laborers and mechanics performing work oosite, including electrical workers, with respect to the construction of the Stadium are paid wanes at rites no kss than those "responsible wages" as calculated pursuant to Section 18.120 of the City of Miami Code of Ordinances. In addition, MFP shall use resombke beat efforts to ensure that all electrical workers performing work onsite with respect to the construction of the retail, office, and hotel buildings within the Developrnenl Parcel are paid wages at rates no less [khan those "responsible wages" as calculated lartauant to Section 18.120 of the City of Miami Code of Ordinances. Tenant shall be responsible to pay to the City all reasonable fees for monitoring compliance with the responsibk wage requirements set forth in this Agreement. The phrase "reasonable beat efforts" as used on this Agreement shall mean the exertion of substantial efforts to pursue all reasonable methods to achieve the result in question in a prompt manna but without any rcquircrrierd to take any action that would be commercially unreasonable under the circumstances and with a minimum requirement that such efforts not be leas than the efforts that other similarly situated commies would normally use to accomplish the objective under aimilar circurnatances exercising reasonable businoss judgment. 15 First Amendment to Development Agreement Miami Freedom Park and City afMiami Union Labor: Pursuant to Section 12.4 of the Construction Administration Agreement, Developer will use good faith efforts to have twenty percent (20%) of the construction labor force, including electrical workers, comprising of union employees. 124 IMS, regarding the Stadium Project, and MPP, regarding the other Major Project Components, agree to use 'good faith efforts," through the prune cootnctors and their subcontractors, to have twenty percent (20%) of the construction labor force, including electrical workers, comprising of union employees. The applicable contracts with DM or MFP's prime contractors will contain provisions requiring such prime contractors and their subcontractors to use "good faith efforts" to have twenty percent (20%) of the construction labor farce comprising of union employees. 1MS and MFP have commenced negotiations with United Here, Local 355, on a Labor Peace Agreement. If the oomtnsction work is phased, the requirements of this Article 12 shall apply individually to each and every phase. When evaluating whether 1MS or MFP, through their prime contractors and their subcontractors, have undertaken "good faith eft" to comply with the requirements set forth herein, the parties agree that the evaluation factors (as reasonably modified to address the specific circumstances set foil hherein) included in Appendix A to 49 CFR Part 24, Guidance Concerning flood Faith Efforts, shall fonn the basis of such evaluation. 16 First Amendment to Development Agreement Miami Freedom Park and City of Miami Hiring Preferences: Pursuant to Section 26.4 of the Commercial Lease, Developer will provide for certain hiring preferences for City residents and, subsequently, Miami -Dade County residents. 26.4 glint Preferences To the uteri that MFP etitem inin a mutant for the construction of improvensents within the Development Parsee, then DIFF shdi iochsst'e in eudi prime construction cantatas pm/lions that require such contracture to a tehlish preferences for hiring iodividwts residing within the City of Miami and. subsequently. to those iadividuais in other areas of Lliami•Dade County, Sud< ptowidon shall ism hsde ■ specific hsiiag peccentege sn negotiated with contractors and nnbassstract4rs, as may be applicable. and the City rhaii ssaanew the contrsctoes compliance with such specific percentage, 17 Furst Amendment to Development Agreement Miami Freedom Park and City of Miami Local Workforce Participation: Pursuant to Section 11.4 of the Construction Administration Agreement, Developer will employ a minimum number of on -side labor for City residents and, subsequently, Miami - Dade County residents, 11. it.otat Workforce Participation. 1MS shell require connectors performing work in conneeiarwith the construction order Sted rum to employ a eninian nor aftw envy percent (20%) of on -:ire lobar with the following hiring priority: first, to residents of the City of Minaai sad, second, to residents of Miami -Dade County. To the anew IMS does not onntrier for such wsrrh, IMS :rill require that the pasty part rinsing such work include a requirement in all its connectsthe' twenty percent (2O%) of on -site labor consist of residents of the City of Miami, and se000d, to residents of Miami -Dade County. 18 First Amendment 10 Development Agreement Miami Freedom Park and City of Miaini Local Subcontractor/SEE Participation: Pursuant to Section 11.5 and 11.6 of the Construction Administration Agreement, Developer will permit local subcontractors and SBEs to participate in the construction of the Stadium. 11.5 Local Subcontraetar Partitittatlen. BNS shall require the ',Anse contractor engaged far the construction of the Stadium to have not less than twenty percent (21 ) of the dollar amount paid to applicable subcontractors (based on the total amount paid to all subcontracton for construction of the Stadirm) paid to subcontractors that have their Principal Place of Business iut Miami -Dade County, in accordance with the following geographic hiring priorities: fast, to subcontractors with their Principal Place of Business in the City of Miami and, second, to suboontracton with their Principal Piece of Business in Miami -Dade County. "Principal Piece of Boldness" means the location of the primary office or central office of a subcontractor. If the subcontractor has onty one business location, such business location shall be its Principal Place of Business. Confirmation of the subcattractor's Principal Place of Business may be evidenced by a valid business tax receipt issued by Miami -Dade County. 11.6 Small Business_ Enterprise far] Program for Small Business Enterprise Pro&ratn for Constructbn Senices j"S-Constraetlan ServIres"k Small Business Eutere. sae Goods and Services ("SEE -Goods and jervtses"1; and Architecture, Euidoeertng, Landscape Architectures Sumerian and Martpla& Professions f'CB&A!E"1. With respect b the Stadium, IMS shall cause its prime contractor to: i. Award to firms certified by Miami -Dade County as S» Constntetion Services faros not Tess than 10% of the contractual agreements for construction and construction -related contends. supplies and futures; ii. Award to firms certified by Miami -Dade County as afrzGoods and Services firms not less than 3% of the contractual agreements for goods and services (niches, but not limited to security, testing, svaveying, etc,) (the "fin -Goods and Services Partkipdbn Requirement"1; and iii. Award to fume certified by Miami -Dade County as CBE`A/E not leis than 7.5% of the professional services agreements for soft costs, including, but not limited to, design, engineering, survey, inspection, job monitoring requirements, testing and tegaL 19 First Amendment to Development Agreement Miami Freedom Pork and City of Miami Ex -Felon Outreach: Pursuant to Section 11.3 of the Construction Administration Agreement, Developer will promote the employment of ex -felons within the Project 11.3 lit-Felau Outreach. IMS shall ensure that no less than five percent (3%) of its total construction workforce far the Stadium will be comprised of ex -felons. To aid in the selection of ex -felon candidates, 1MS shall establish programs, which may include collaboration with existing not -for -profits (including, but not limited to, an initial outreach to Transitions, Inc. and Ciro of Brotherhood, Inc.) or staffing agencies, to employ said individuals. 20 First Amendment to Development Agreement Miami Freedom Park and City of Miami District 5 Participation: Pursuant to Section 26.3 of the Lease Agreements, Developer will establish programs to include individuals residing within the boundaries of District 5 of the City Commission within the retail and concession areas located within the Project, 26.3 Mittel 5 Parttclgatlon. Tenant shall () make available on a priority basis for individuals residing within the boundades of District 5 of the City of Miami (through a lease ce license) a minimums el three percent (3%h) of the total square footage of Commerciel uses constructed within the Development Parcel, and (ii)eatablish preferential tetras for the proviaioi dement improvements for such individuals residingwithin the boundaries ofDistrict Jolts s City of Miami (collectively. the "District 5 Regulrementsul rnmplience with the foregoing shall be measured by the City as of )acuasy l" °leach Lease Year, commencing with the Lease Year alter the Tenant obtains a certificate of use for minimum of 100a000 square feet of Commercial uses within the Development Parcel and based as an overage determined as follows: the monthly avenge equate footage of Con menial uses leased/licensed to District 5 participants within the Development Parcel divided by the monthly average square footage d Commercial uses leased/licec ed to all tenants or subtenants, as applicable, within the Development Parcel, each during the immediatelypreoeding Lease Year. Tenant shall make aveilsbleto the Landlord such documents and informations as reasonably requested by the Landlord in order 10 measure compliance with the foregoing. The term "ComsnardeI a shall mean any and all permissible retail areas within the Development Parcel (including, without limitation, any permissible retail areas within the Hotels and/or Office/Retail Project). 2l First Amendment to Development Agreement Miami Freedom Park and City of Miami Soccer Programs: Pursuant to Section 2.5 of the Construction Administration Agreement, Developer will establish programs to encourage youth participation in soccer and make available the "Sports Fields" (as defined in the Construction Administration Agreement) free of charge to residents of the City that are sixteen (16) years or younger (subject to the limitations set forth therein). 2.5 Youth Sports Commitment. Upon Completion of Construction of all or a portion of the Sports Fields, MFP shall establish a public registration system, in form and substance preapprovcd by City in writing, for the use of the athletic fields and courts constructed thereupon, which will permit all registered users that are both residents of the City and sixteen (16) years of age or younger to use such fields and courts without charge, subject to such reasonable validation, access, and use restrictions as established by MFP from time -to -time; provided, however, that the hours of operation shall never be less than the hours of operation of the Public Park Parcel. MFP shall maintain the Sports Fields at its sole cost and expense in goad and safe order and condition, and make all necessary repairs thereto, in a manner consistent with the standards set forth in Section 10.1 of the Commercial Lease. All repairs made by MFP shall be at least substantially similar in quality and class to the original work. MFP shall keep and maintain all portions of the Sports Fields and all improvements thereto in safe and reasonable order and operating condition, reasonably free of dirt, rubbish and graffiti. "Snorts Fields" shall mean no fewer than six (6) fields (which may be divided/flexed into smaller fields), including such features as may be required by Applicable Law to permit use of such fields by the public, which may initially be constructed at grade within the Demised Property to the east of the Stadium, as set forth in the Approved Special Area Plan. 22 ADDENDUM A Exhibit D Enhanced Park Design and Construction Addendum Section 1. Purpose: Conflicts. This Addendum is intended to govern the design and construction of the Park Site Development within the Public Park Parcel and shall serve as supplemental terms and conditions to the Construction Administration Agreement between MFP, IMS, and the City dated February 9, 2023, as amended (the "CAA"). In the event of a conflict between terms or conditions set forth in this Addendum and the terms or conditions in another portion of the CAA, the provisions of this Addendum will govern. Section 2. Definitions. Capitalized terns not otherwise defined by this Addendum shall have the meaning set forth in the CAA. The following terms shall apply to this Addendum: "AIPP Contribution" shall mean a contribution in the amount required pursuant to the AIPP Ordinance. "AIPP Ordinance" shall mean the ordinance codifying the City's Art in Public Places requirements, as set forth Chapter 62, Article XVI, of the City of Miami Code of Ordinances. "Base Park Condition" shall mean the improvement of the Park as originally contemplated in Exhibit D of the CAA prior to any amendments thereto. For the avoidance of doubt, the intent of the Parties is to proceed with the Enhanced Park Plan. as hereinafter defined, in lieu of the Base Park Condition. "City Approval Process" shall mean, with respect to any request by MFP to City for approval of, or consent to, a particular item under this Addendum that requires City's approval or consent as owner of the Public Park Parcel, that (a) City shall not unreasonably withhold, condition or delay such approval or consent, (b) MFP's request shall include any supporting documentation actually required for the City to assess the compliance of the request with the requirements of this Addendum, (c) City shall grant or deny such request prior to the deadline for such approval or denial set forth in this Addendum (provided, however, that if the City provides MFP with written notice within ten (10) Business Days of the request that MFP has not provided the City with any required documentation in accordance the preceding provision (b), and such notice specifies with particularity what additional documentation is actually required for the City to make its determination, then the City's deadline to approve or deny the request shall be tolled until MFP provides the City with the additional documentation actually required); (d) any denial shall specify the reasons for such denial (which must be consistent with the terms of this Addendum) and, if applicable, any proposed modifications that will render MFP's request acceptable; and (e) City's failure to respond within such period shall toll any of MFP's deadlines for performance under this Addendum for which the applicable consent or approval is required from the expiration of the provided period until such time that pending response from City is received (provided that the failure of the City to approve a payment application, as set forth in Section 5 of this Addendum, shall not toll any time periods to achieve Park Site Development Completion). For the avoidance of doubt. the City Approval Process shall not apply to any approvals or consents to be made by the City in its regulatory capacity, including zoning and permitting approvals. "Construction Work" shall mean any and all construction work performed by MFP, its contractors, subcontractors, agents or employees relating to or in connection with this Addendum. "Eligible Costs" shall mean the following hard costs, softs costs and expenses paid by MFP to third parties directly attributed to the Park Site Development. including supplies, materials, equipment, transportation and temporary storage of such supplies, materials or equipment, installation, dismantling, maintenance and removal of supplies, materials or equipment, temporary facilities (including fencing), machinery, rental charges, communication services, maintenance, labor, bonding and insurance premiums, permit fees, engineering or architects' fees or other similar professional fees or costs, third -party contractor's profit and overhead, and such other items set forth in the lump stun construction contract for the Park Site Development, which lump sum contract requires approval by the City pursuant to Section 5(a) of this Addendum, but specifically excluding attorneys' fees. liquidated damages for which MFP is responsible pursuant to Section 11 of this Addendum (for avoidance of doubt such fees shall not be passed through to contractors as Eligible Costs), the exclusions identified in the definition of Park Allowance, and other expenses not set forth herein. "Enhanced Park Plan" shall mean the preliminary concept design site plan approved by the City and set forth in Attachment "1," attached hereto and incorporated herein. "Existing Park Permit" shall mean City of Miami Building Permit No. BD25003093001 issued March 10. 2026, by the City of Miami, which sets forth the improvements contemplated by the Base Park Condition and which the Parties contemplate will be modified by MFP to incorporate the Enhanced Park Plan. "Park Allowance" shall mean the combined value of Park Fund Contribution No. 1, Park Fund Contribution No. 2, and the Park Fund Credit. Notwithstanding any language contained herein to the contrary, in no event shall the Park Allowance be utilized for any costs or expenses: (i) required to complete the Environmental Work, including, without limitation, the Environmental Project Requirements; (ii) resulting from any unknown site conditions that would have been required to be resolved or mitigated in connection with the construction of the Improvements contemplated under the Base Park Condition; (iii) attributable to the design and construction of the Woonerf expansion identified in Attachment "3" as Phase 4; (iv) required for the relocation of existing utilities, including without limitation the cost of restoring above -ground improvements, that would have been required to be relocated or restored in connection with the construction of the Improvements contemplated under the Base Park Condition; or (v) not otherwise included within the list of Eligible Costs; it being the intent of the Parties that MFP shall be responsible for those matters identified above, at its sole cost and expense. without any reduction of the Park Allowance or credit to MFP whatsoever. "Park Fund Contribution No. 1" shall mean half of the Park Fund Contribution paid to the City pursuant to Section 3.5(A) of the CAA in the amount of Ten Million and 00/100 Dollars ($10,000,000.00), which contribution was delivered by MFP to the City on December 26, 2024. "Park Fund Contribution No. 2" shall mean the contribution, as contemplated by Section 3.5(A) of the CAA, by MFP of value in the form of improvements to the Public Park Parcel pursuant to the terms of this Addendum valued at Ten Million and 00/100 Dollars ($10,000,000.00). "Park Fund Credit" shall mean a contribution of value in the form of improvements to the Public Park Parcel valued at the reasonable market cost of those items necessary to complete the improvements contemplated by the Base Park Condition, as set forth in the Existing Park Pernit, including, without limitation, an amount equal to the AIPP Contribution attributable to such Base Park Condition. Parties have agreed that the Park Fund Credit is equal to $9,947,000; provided, however, such amount shall be subject to increase as follows: (i) the City may, within thirty (30) days after MFP has provided the City and the Ombudsman (in accordance with the notice provisions of Section 8.2 of the CAA) with both the (x) initial reconciliation of the MFP Expenditures for Phase 1 (as contemplated by Section 5(d) of this Addendum), and (y) an itemized list of expenses and supporting documentation that would have otherwise been incurred by MFP to complete the improvements contemplated in the Existing Park Permit ("Base Park Expenses List"), object in writing to the scope or cost of any particular item listed in the Base Park Expenses List; (ii) the City's objection may only be based on (x) a failure to incorporate a cost that would have otherwise been incurred by MFP to complete the improvements contemplated in the Existing Park Permit (the "Missing Items"), or (y) a discrepancy between the actual costs for an item, as reflected in the interim reconciliation report for Phase 1, and the comparable item on the list set forth in the Base Park Expenses List; and (iii) the Parties, thereafter, will negotiate in good faith a final adjusted amount of the Park Fund Credit, taking into consideration the actual item costs reflected in the Base Park Expenses List or, with respect to Missing Items, the reasonable market cost of such Missing Item, each as equitably adjusted to reflect relevant differences in the compared items (e.g., differences in quantities or differences in material type), but shall in no event be less than $9,947,000. Upon MFP's submission to the City and the Ombudsman of the initial reconciliation of the MFP Expenditures for Phase 1, and the Base Park Expenses List, the Parties shall execute an acknowledgement identifying the date on which the City's review period commences. Following the completion of negotiations regarding such reconciliation, the Parties shall execute a subsequent acknowledgement identifying the final adjusted amount of the Park Fund Credit. "Park Site Development" shall mean those certain Park Improvements to the Public Park Parcel that are to be constructed in accordance with this Addendum, and all Construction Plans, Park Project Requirements, Applicable Laws. and all standards and specifications set forth herein. In no event shall the CAA or this Addendum serve to limit the City's rights upon completion of the Park Site Development to subsequently modify the Public Park Parcel or further improve the Public Park Parcel beyond the improvements contemplated by the Park Site Development; provided, however, that such development shall remain subject to the limitations set forth in Section 13.3 of the Commercial Lease and the Stadium Lease. "Park Site Development Completion" shall mean the date on which MFP completes (i) the Park Site Development for the applicable Phase (as defined herein) as evidenced by the issuance of a temporal)/ certificate of occupancy for the improvements in the applicable Phase and (ii) the Environmental Work for the applicable Phase as evidenced by the issuance of an engineer's report by the engineer of record indicating that the Environmental Work on the Public Park Parcel has been completed to the point that the applicable portion of the Park may be opened for public use (the "Engineer's Report"). Notwithstanding the foregoing, Park Site Development Completion for an applicable Phase shall be deemed complete for the purpose of calculating liquidated damages if, as of the date that MFP has otherwise satisfied both requirements (i) and (ii) above, the only remaining Construction Work is the installation of any Specialty Items. The foregoing does not waive or diminish MFP's obligation to (x) promptly and diligently complete the Park in the manner required herein, including, without limitation, the installation of Specialty Items (with MFP retaining the obligation to use commercially reasonable efforts to expeditiously complete such installation upon delivery of the items to MFP or its contractors) and (y) promptly and diligently obtain DERM's written acceptance and approval of the Engineer's Report (the "DERM Acceptance") and, for avoidance of doubt, the City shall not be entitled to liquidated damages if the City's basis for not issuing a temporary certificate of occupancy for the Park Site Development is the failure of MFP to obtain DERM Acceptance provided that MFP has delivered to the City the Engineer's Report. The issuance of an NFA Determination is not necessary to achieve Park Site Development Completion. Notwithstanding the foregoing or any language contained in this Addendum to the contrary, in no event shall any language contained in this Addendum serve to modify or condition MFP's obligations to obtain an NFA Determination at MFP's sole cost and expense for the Parent Tract, including, without limitation, the Public Park Parcel, in the manner set forth in the CAA. "Park Improvements" shall mean the park equipment, facilities, amenities, buildings, parking areas, above and below surface improvements, utilities, utility lines and appurtenant equipment. vaults, infrastructure, landscaping. hardscape, pathways, trails, lighting (including poles, fixtures, and related electrical components), irrigation systems, stormwater management systems, site drainage facilities, site furnishings (including benches, trash receptacles, bike racks and similar items), security systems, perimeter fencing, retaining walls, signage including wayfinding/directional signage, and similar park -related improvements, and other improvements to be developed and constructed on, above or below the Public Park Parcel or a portion thereof, and all fixtures located or to be located therein for the development of the Park on the Public Park Parcel in order to complete Park Project Requirements and in accordance with the requirements of this Addendum. "Park Project Requirements" shall mean the program elements, Park Improvements, and obligations relating to the Park Site Development to be completed by MFP on behalf of the City, all in accordance with this Addendum. the Construction Plans, all applicable laws, and all standards and specifications set forth herein, together with the Environmental Work and related obligations required to be performed by MFP pursuant to Section 2.3 and Exhibit E of the CAA, which Environmental Project Requirements (as such term is defined in the CAA) are incorporated herein by reference and made a part of the Park Project Requirements for all purposes. "Specialty Items" shall mean any equipment or material that require customs fabrication (rather than off -the -shelf items), including, but not limited to. specialty steel, custom glass or cladding systems, custom HVAC units or chillers, or items that require unique engineering or assembly, which, after notice by MFP identifying such items as Specialty Items, the City elects in writing to obtain and install the same in the Enhanced Park. Section 3. MFP's Obligation to Construct the Park. MFP shall develop and construct the Park Site Development on the Public Park Parcel in accordance with the Park Project Requirements and subject to the Public Park Phases, as may be amended. MFP will achieve Park Site Development Completion by Phase in accordance with the milestone dates set forth in Attachment "2" attached hereto and incorporated herein (the "Public Park Milestones"), subject to Unavoidable Delays and delays caused by the City in its proprietary capacity as owner. The Parties expressly acknowledge that the Park is intended to be developed, constructed, operated and maintained as a public park for the use, enjoyment, and benefit of the general public, and not for the private use or exclusive benefit of MFP or any other private party. Notwithstanding anything set forth in this Addendum to the contrary, the Parties acknowledge that MFP's obligation to construct (and to comply with the Public Park Milestones) is subject to the availability of funds and, upon extinguishing the funds available from the Park Allowance, MFP shall have no further obligation to complete construction (or achieve the applicable Public Park Milestone to the extent such work would require funding in excess of the Park Allowance) unless and until the City, in its sole and absolute discretion, elects to (x) timely fund amounts in excess of the Park Allowance or (y) approves modifications to the Construction Plans (and, if necessary, provides corresponding extensions of time) to reduce costs thereof such that such work will be completed with the funds remaining available from the Park Allowance; provided, however, that notwithstanding the foregoing. MFP shall remain responsible for the completion of those matters that the MFP has agreed to complete at its sole cost and expense under this Addendum, including, without limitation, the development of the woonerf road as contemplated in Phase 4 and the Environmental Work within the Public Park Parcel in accordance with the Soil Management Plan and Conceptual Engineering Control Plan for Miami Freedom Park approved by DERM, and as otherwise necessary to achieve the NFA Determination. For purposes of the construction of the Enhanced Park as set forth in this Addendum, (x) the phrase "Material Litigation Event" in the definition "Unavoidable Delays" shall include a litigation seeking to stop, materially delay, or materially impede the commencement or continuation of construction on the Public Park Parcel and (y) the term "Unavoidable Delays" shall include a day -for -day extension to the deadlines for achieving Park Site Development Completion for rain delays, which means any day the Construction Work cannot be performed as scheduled due to (a) measurable precipitation of 0.5 inches or more occurring at the Parent Tract during a twenty four (24) hour period, and (b) such precipitation adversely impacts MFP's or its contractor's critical path to complete the applicable Phase, and (c) notice is provided to the City and Ombudsman within twenty-four (24) hours thereafter for review and approval to confirm the satisfaction of subsections (a) and (b). Section 4. Enhanced Park Plan. The City hereby approves the Enhanced Park Plan, which includes the overall master plan for the Public Park Parcel. The development of the Enhanced Park Plan is divided among several phases, each with a corresponding list of improvements to be accomplished in each respective phase as set forth in Attachment "3," attached hereto and incorporated herein (collectively, the "Public Park Phases" and each, a "Phase"). The Parties agree to work collaboratively to finalize the design of the Park consistent with the Enhanced Park Plan and incorporate such changes into the Construction Plans, subject to changes as may be necessary or requested by the City and subject to the provisions of this Addendum, including without limitation, modifications required to conform the Construction Plans to the Park Allowance, as set forth in Section 5 below. Except as provided herein, the Parties acknowledge that the design of the Park shall be in the City's sole and absolute discretion and that MFP may only modify the Enhanced Park Plan (through incorporation of changes into the Construction Plans) as necessary to address regulatory requirements, the budgeting process set forth in Section 5 below, or such other changes approved by the City at its sole and absolute discretion. Upon approval of the Construction Plans, the City may not make any modifications thereto that will cause delays in MFP achieving Park Site Development Completion, except to the extent that the City authorizes an equivalent extension of time and, if applicable, makes available the necessary funds from the Park Allowance to pay for the proposed modifications to the Construction Plans. Notwithstanding the foregoing, the Parties acknowledge that the actual construction of the Park may deviate from the Enhanced Park Plan and the Construction Plans as necessary to accommodate field construction requirements and/or in response to recommendations or requirements from applicable governmental authorities. Section 5. Budt=et and Funding. (a) The Park Site Development shall be paid utilizing funds not to exceed the Park Allowance. Accordingly, City shall utilize Park Fund Contribution No. 1, and MFP shall utilize Park Fund Contribution No. 2 and the Park Fund Credit, to fund the Park Site Development. The Construction Plans shall be modified, as set forth herein, to include only those improvements that the Parties reasonably estimate can be delivered and installed pursuant to the Public Park Milestones and without exceeding the Park Allowance, inclusive of all Eligible Costs for the Park Site Development together with a ten percent (10%) contingency. Prior to the start of construction of each Phase of the Park, MFP shall submit to the City a lump sum construction bid for the development and construction of the applicable Phase, including a detailed breakdown of costs, for the City's review and approval and shall further deliver (x) a payment and performance bond from the contractor conforming to the requirements of Section 3.4 of the CAA that covers the scope of the Construction Work contemplated for the applicable Phase and (y) proof reasonably satisfactory to the City that MFP has set aside sufficient funds for the completion of the Construction Work for the applicable Phase. The proof of funds may be through the segregation of funds in a separate account or the establishment of a special reserve with respect to the construction loan proceeds and confirmed to the City in writing pursuant to a confirmatory or comfort letter provided by the applicable construction lender confirming that the funds are reserved and restricted for such purposes. The City's review and approval of any construction bid shall not be construed as the selection of any vendor by the City and is undertaken solely to confirm pricing and compliance with the terms of this CAA, including confirmation that the costs set forth in the lump sum contract constitute Eligible Costs. Such review and approval shall not waive or diminish any of the City's rights under this Agreement (other than confirmation of Eligible Costs), nor reduce MFP's obligations. The City retains all rights to enforce the obligations set forth in this CAA, as amended, notwithstanding any such approvals. (b) The construction bid provided by MFP shall be based upon prevailing market rates and shall include line items identifying those items to be purchased directly by the City pursuant to the City's Tax -Exempt Transactions/Direct Purchasing Program (the "Owner -Furnished, Contractor -Installed Items" or "OFCI Items") and, if available, the cost thereof (excluding any associated sales tax pursuant to the City's Tax -Exempt Transactions/Direct Purchasing Program). (c) In the event a construction bid for each applicable Phase exceeds the amount of the Park Allowance that remains available, City, in its sole discretion, shall either (a) modify and/or prioritize the scope of work for the development and construction of the Park to ensure that the cost does not exceed the available portion of the Park Allowance, or (b) pay to MFP the amount in excess of the Park Allowance, provided that any commitment to pay amounts in excess of the Park Allowance shall be subject to compliance with the City's procedural and legal requirements, including, but not limited to, procurement requirements, budgetary requirements, and approval by the Miami City Commission, as may be deemed necessary. Notwithstanding anything in this Addendum to the contrary, MFP shall not enter into any contract with a contractor or consultant that is a Disqualified Person, as such term is defined in the Stadium Lease. The contracts entered into by MFP with contractors and consultants for the Park Site Development shall require such contractors and consultants to comply with all Applicable Laws. (d) Prior to the issuance of any payment to contractors or consultants related to the Park Site Development, MFP shall promptly provide the City with payment applications and lien waivers provided by such contractors and consultants. The City shall have two (2) business days after the City's receipt of a payment application to review, provide comments, and approve such payment application. MFP will not make payment pursuant to a payment application until the earlier of the City's approval thereof or after expiration of such period. Any review or approval by the City shall be for administrative purposes only and shall not constitute acceptance of the work, approval of the amount paid, or a waiver of any of the City's rights, claims, or remedies under this Agreement or applicable law, all of which are expressly reserved. In no event shall any failure of the City to approve a payment application toll any MFP deadlines or the Park Milestone; provided that, notwithstanding an objection by the City, MFP may make payment to its contractors and consultants two (2) business days after delivery of the payment application to the City, subject to the City retaining the right to challenge the inclusion of such disputed payments as Eligible Costs. (e) Within ninety (90) days after Park Site Development Completion of Phase 4, or, if prior to the completion of Phase 4 the Park Allowance is fully expended, then within ninety (90) days following the completion of the earlier Phase in which the Park Allowance, together with any amounts actually funded by the City as a supplement to the Park Allowance in accordance with this Addendum, is fully exhausted), MFP shall submit to City a final reconciliation of the actual Eligible Costs to develop and construct the Park Site Development (the "MFP Expenditures") in a form reasonably satisfactory to City as required to reasonably verify the MFP Expenditures in conjunction with the Park Allowance. MFP shall also provide to the City interim reconciliation reports setting forth the MFP Expenditures upon achieving Park Site Development Completion for an applicable Phase within sixty (60) days of Park Site Development Completion for such Phase. The MFP Expenditures are exclusive of the Park Fund Contribution No. 1, which are set aside by the City to pay for OFCI Items; to pay for applicable permitting fees, including compliance with the City's Art in Public Places Ordinance; or to pay for any other Park -related expenses, including, without limitation, maintenance expenses. (f) Together with the final reconciliation of the MFP Expenditures, MFP shall pay to the City all amounts of the Park Allowance that exceed the MFP Expenditures due to cost savings or remaining contingency funds less any amounts held in reserve to resolve any then pending disputes with contractors or other third parties related to the Park Site Development (the amount of such excess being referred to as the "Park Allowance Savings"). If the pending disputes are resolved for less than the amount held in reserve to resolve such matter, MFP shall, within thirty (30) days of the resolution of such dispute, deliver the excess amount held in reserve to the City. Notwithstanding the foregoing or the City's acceptance of the Park Allowance Savings, City shall retain the right to audit the MFP Expenditures for a minimum of three (3) years after Park Site Development Completion for the last Phase to confirm compliance herewith. Section 6. City Direct Purchasing Program. The City has received Park Fund Contribution No. 1, which amount shall be used by the City in the manner specified herein. MFP shall comply, and require all Contractors engaged for the completion of the applicable Phase of the Park Site Development to comply, with the City's Direct Purchasing Program Guidelines attached hereto as Attachment "4." The Parties agree that, other than purchases made by the City toward the Park Site Development utilizing Park Fund Contribution No. 1, the City shall not be obligated to make any purchase or expend any other funds toward the Park Site Development or any other component of the Park Project Requirements, except at its option in the manner set forth in Section 5 (above). Any expenditures made by the City shall be subject to compliance with all Applicable Laws, including, without limitation, Sections 255.20 and 287.055, Florida Statutes, to the extent applicable. In the event of any conflict between the terms of the CAA, as amended, and the terms set forth in Attachment "4," the terms of the CAA shall control. Section 7. Construction Plans. (a) Submission MFP shall submit to City, for approval in its proprietary capacity, the Construction Plans (as defined below) for the construction of each applicable Phase of the Park Site Development. MFP's submission shall occur contemporaneously with the submission of such Construction Plans for regulatory approval to the City and other applicable regulatory agencies. Notwithstanding the contemporaneous submission, MFP acknowledges that the City's review process of the Construction Plans set forth herein shall be in addition to any permitting process required by the City and other regulatory agencies. The Construction Plans presented to the City for review and approval shall be in substantial conformity with the Enhanced Park Plan and shall include the plans and specifications, drawings, calculations and data setting forth in reasonable detail the Construction Work MFP proposes to perform for each applicable Phase, along with the manner of and critical path timeline for performing the same ("Construction Plans"). The proposed materials. fixtures, machinery and equipment to be installed or used in the development and construction of the Park Site Development, such as playground and exercise equipment, shall adhere to park design standards which may be established by the City of Miami Parks Department; provided, however, that materials, fixtures, machinery and equipment approved by the City pursuant to the construction plan approval process set forth in Section 7(b) shall be deemed, for all purposes, to comply with such park design standards. (b) Construction Plans Approval Within fourteen (14) days following City's receipt of MFP's Construction Plans, City, in its proprietary capacity, shall give its written approval or disapproval thereto in accordance with the City Approval Process. In the event that City disapproves, City must do so by providing written notice setting forth, without limitation, a reasonable explanation of the reason(s) for City's objection(s) to allow MFP to modify accordingly (provided, however, that such reason(s) must conform to the list of permitted objections as set forth below). MFP shall, within fourteen (14) days of receipt of such notice, object to the reasons listed in the City's disapproval notice or modify the Construction Plans in accordance with the reasons set forth in City's disapproval notice. City shall be required to approve or disapprove by written notice to MFP any resubmitted Construction Plans within fourteen (14) days of its receipt of same in accordance with the City Approval Process (provided that the disapproval notice must contain the same detail as required above). City and MFP shall cooperate to resolve any disagreement regarding the Construction Plans. City may refuse to grant approval only if, in its reasonable opinion, any of the proposed Construction Work as set forth in the Construction Plans: (i) is unsafe, unsound, hazardous or improper for the use and occupancy for which it is designed; or (ii) is designed for use for purposes other than those authorized under this Addendum; or (iii) is inconsistent in any material respect with the approved Enhanced Park Plan as modified in accordance with the terms of this Addendum from time to time or otherwise by mutual agreement of the parties; or (iv) is inconsistent in any material respect with changes requested by the City (including, without limitation, at the time of the requested approval) and at the City's sole discretion, provided that if the City wishes to make changes that materially deviate from the approved Enhanced Park Plan, then the City and MFP shall agree upon an extension of time to achieve Park Site Development Completion for the applicable Phase equivalent to the time reasonably necessary to implement such change and, if applicable, makes available the necessary funds from the Park Allowance to pay for the proposed modifications; or (v) is inconsistent in any material respect with the Enhanced Park Design Standards; or (vi) does not comply with any Applicable Laws (except to the extent such non- compliance may be lawfully authorized pursuant to permits, variances, approvals or consents that MFP is actively seeking or is entitled to seek in connection with the work); or (vii) is otherwise inconsistent in any material respect with the terms of this Addendum. Notwithstanding the foregoing, any change to the Construction Plans that is required by any regulatory authority of jurisdiction, including, but not limited to. City of Miami, the County, the Miami -Dade County Division of Environmental Resources Management, the Miami -Dade County Water and Sewer Department, and the State of Florida, shall only require City's approval to the extent of confirming, through the City Manager or his/her designee. that the change was required by the regulatory authority. MFP shall be required to provide City with documentation from the applicable authority evidencing the required change. City shall have fourteen (14) days from the receipt of the documentation to either (a) agree that the change was required by the regulatory authority or (b) request additional documentation evidencing the veracity of the request, in each case, in accordance with the City Approval Process; provided, however, that the City may, prior to the expiration of such deadline, extend such deadline by up to an additional fourteen (14) days by providing written notice to MFP, and MFP's deadlines under this Addendum shall be tolled for the duration of such extension. Further, MFP may make non -material revisions to the Construction Plans and revisions necessary due to unknown site conditions subject to City's approval, which shall not be unreasonably withheld, conditioned, or delayed. The City reserves the right to require reasonable changes to address the regulatory requirements pursuant to City - approved changes to the Construction Plans. Section 8. Construction Warranties. MFP shall require and assign to City all warranties and guaranties issued by all consultants, contractors, subcontractors, manufacturers, or suppliers (collectively the "Contractor Controlled Parties") that furnish work, labor, materials, equipment. or services in connection with the Park Site Development (collectively, the "Construction Warranties"). The Construction Warranties for the Park shall require the Contractor Controlled Party who supervised or performed the Construction Work, or supplied the equipment alleged to be defective, to correct all Construction Work found by the City to be defective in material and workmanship or not in conformance with the Construction Plans for a period of one (1) year following the issuance of a final certificate of occupancy (the "Warranty Term"). Construction Warranties shall also warrant, as applicable, that all materials and equipment furnished will be new unless otherwise specified and that all of the Construction Work will be of good quality, free from faults and defects. All Work not conforming to the Construction Plans, including substitutions not properly authorized, may be considered defective. The Construction Warranties shall not be limited by any other provisions herein or MFP's contract with any Contractor Controlled Party. Each Contractor Controlled Party shall further provide or assign all manufacturers' warranties to the City, as applicable. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by the Construction Plan. At no expense to the City, each Contractor Controlled Party shall be required to correct any and all apparent and latent defects that the City notifies MFP and the appropriate Contractor Controlled Party within the Warranty Term. To the extent the Construction Warranties are assigned by MFP to City, the Construction Warranties shall nevertheless remain jointly enforceable by both Parties. The City shall provide the general contractor and any other contractors for the Park with access to the relevant Public Park Parcel at no charge in order to perform any remedial work covered by a warranty; provided, however, that (i) prior to commencing any remedial work, all such contractors shall be required to comply with the insurance, bonding. and other pre -construction requirements of this Addendum and other access requirements as may reasonably be required by City, and (ii) all such contractors shall use commercially reasonable efforts to mitigate impacts to operations of the relevant Park Site Development during its repair of defects (and the construction agreements for such contractors shall require compliance with the foregoing requirements). Section 9. Development. (a) MFP shall apply to the City for modifications to the Existing Park Permit to incorporate the Park Improvements contemplated for Phase 1 within ten (10) business days after the Effective Date of Second Amendment to the CAA and to incorporate the Park Improvements contemplated for all the other Phases within thirty (30) days after the City's approval of the Construction Plans for the relevant Phase. Upon submission of the applicable permit modifications, MFP will use commercially reasonable efforts to obtain all applicable approvals and Permits and modifications to existing Permits from all applicable governmental authorities that are required for the commencement of the development and construction of the applicable Phase of the Park Site Development. (b) With respect to the Park Site Development, the City shall be responsible for (x) obtaining approvals related to compliance with the AIPP Ordinance and (y) making the AIPP Contribution or, if applicable, purchasing and installing any work of art necessary to comply with the AIPP Ordinance, In the event all other requirements have been satisfied, and the only issue(s) pending for the issuance of a building permit or the Certificate of Occupancy is the failure of the City to meet its obligations under the AIPP Ordinance, then MFP shall be granted a day -for -day extension to achieve completion of the applicable Phase as set forth in the Public Park Milestones until such AIPP obligations have been satisfied. (c) The City will reasonably cooperate with MFP to permit for MFP to install fencing and other barriers within the Public Park Parcel, including within completed Phases, (x) to the extent necessary to comply with applicable requirements to obtain a phased approval from DERM or other applicable governmental entities related to the use of the Public Park Parcel, or (y) to address construction -related activities necessary to complete other Phases. The cost associated with such fencing shall constitute an Eligible Cost; provided, however, that MFP may not include in the calculation of Eligible Cost any cost associated with such fencing or other barriers in excess of $100,000, and any amount in excess shall be MFP's sole responsbility. Section 10. Liquidated Damazes. If MFP fails to timely achieve Park Site Development Completion with respect to Phases 1 or 2 by the applicable Public Park Milestone (as adjusted or modified pursuant to the terms of this Addendum), MFP will pay to City. as liquidated damages (but not a penalty): (i) One Thousand and 00/100 Dollars ($1,000.00) per calendar day for the first fifteen (15) calendar day period, (ii) Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) per calendar day for the next fifteen (15) calendar day period, and (iii) Ten Thousand and 00/100 Dollars ($10,000.00) for each and every calendar day thereafter until MFP achieves Park Site Development Completion (as adjusted or modified pursuant to the terms of this Addendum) for Phases 1 and 2. If MFP fails to timely achieve Park Site Development Completion with respect to any Phase other than Phases 1 or 2 by the applicable Public Park Milestone (as adjusted or modified pursuant to the terms of this Addendum), MFP will pay to City. as liquidated damages (but not a penalty) Ten Thousand and 00/100 Dollars ($10,000.00) for each and every calendar day thereafter until MFP achieves Park Site Development Completion (as adjusted or modified pursuant to the terms of this Addendum) for the applicable Phase. For the avoidance of doubt, the liquidated damages shall be on non -cumulative basis (i.e.. the City will only be entitled to recover liquidated damages for a single daily amount for any one day of delay regardless of whether there exists on such date delays with respect to multiple Phases, provided that the applicable daily amount shall be the highest liquidated damages amount in effect for any delayed Phase). For purposes of assessing liquidated damages, the date on which MFP achieves Park Site Development Completion for each Phase shall be deemed to be the date on which MFP delivers to the City written confirmation received from the engineer of record that MFP has achieved substantial completion of the applicable Phase (the "Substantial Completion Report"), provided that MFP obtains a temporary certificate of occupancy for such Phase within thirty (30) days after City's receipt of such confirmation. If a temporary certificate of occupancy is not obtained within such thirty (30) day period, liquidated damages shall commence as of the expiration of that period. Prior to the submittal of the Substantial Completion Report, the City hereby agrees to facilitate meetings between MFP and the appropriate building officials to identify any work necessary to obtain the temporary certificate of occupancy for the applicable Phase and, thereupon, to expedite any inspections necessary to obtain such temporary certificate of occupancy, each without waiver of the City's sovereign prerogatives and rights as sct forth in Section 2.13 of the CAA. MFP and the City acknowledge that the City will incur substantial economic damages and losses if MFP fails to achieve completion of the Public Park Milestones. These damages are difficult and impractical to compute with certainty. In stipulating such amount, the Parties have considered numerous factors, including without limitation, the following: (i) the substantial expense incurred by the City as a result of the delay, including without limitation the cost of staff or third parties to oversee development as well as park operations, (ii) failure of anticipated park programming, (iii) the possible reduction in value and marketability of the land and surrounding development arising from the failure to incorporate the park, and (iv) reputational and other detrimental effects on the City of Miami community. The liquidated damages set forth herein shall be the sole and exclusive remedy available to the City with respect to the damages incurred by the City as a result of MFP's failure to achieve completion of the Park Site Development by the Public Park Milestones, as applicable. The Parties further acknowledge that the liquidated damages are a reasonable forecast of just compensation for the financial harm caused by a delay and do not constitute a penalty. Payment of the liquidated damages shall be made within thirty (30) days of notification by the City that MFP did not timely achieve Park Site Development Completion for the applicable Phase, which notification shall set forth the City's calculation of the amount of liquidated damages due to the City. Notwithstanding anything to the contrary herein. the Parties acknowledge that a failure by MFP to pay the liquidated damages when due shall constitute a default under this CAA that is separate and distinct from MFP's failure to complete Park Site Development by the Public Park Milestones. Therefore, upon a failure by MFP to pay liquidated damages, the City shall be entitled to seek such other rights and remedies available to the City. Section 11. Stadium and Parkin& Certificate of Occupancy. The Park Site Development Completion is independent of the Completion of the Stadium Project and other structures within the Demised Premises; provided, however, that MFP will not receive a final certificate of occupancy for the Stadium, which is currently identified by City of Miami Building Permit No. BD23030080001, or the parking structure subject of City of Miami Building Permit No. BD24019509001 (the "Parkins Garage") prior to Park Site Development Completion of Phases 1 and 2. Notwithstanding any language contained herein to the contrary, MFP shall submit to the City the Construction Plans (as contemplated by Section 7(a) of this Addendum) for Phases 1 and 2 for approval no later than March 15, 2026 and the City shall provide its proprietary review and approval thereof no later than May 15, 2026; in the event that MFP provides such Construction Plans for City's proprietary approval on or before March 15, 2026 and the City fails to provide its proprietary approval thereof on or before May 15, 2026, the foregoing restriction on the issuance of a final certificate of occupancy for the Stadium and Parking Garage shall be released and MFP shall have the right to seek a final certificate of occupancy for the Stadium and Parking Garage. The foregoing shall not serve to waive any of the City's sovereign prerogatives and rights as set forth in Section 2.13 of the CAA. Section 12. Review. Upon reasonable prior notice to MFP, City shall have the right, at any time, through its duly designated representatives, to inspect and test the Construction Work to confirm compliance with the CAA and this Exhibit, including compliance with the Enhanced Park Plan and the Construction Plans. Notwithstanding the foregoing, no such inspection or testing shall unreasonably interfere with the Construction Work. MFP shall provide City, upon request, with all available correspondence with governmental authorities and relevant materials, plans, or reports in MFP's possession or control associated with the permitting process for the Park. Section 13. Insurance. With respect to the Park Site Development, MFP shall maintain, or require the applicable contractor(s) to maintain, the applicable construction -related insurance policies, coverages, and coverage limits required under Section 8.1.1 of the Stadium Lease, which insurance requirements are hereby expressly incorporated by reference and made applicable to the development and construction of the Park, to the extent determined applicable by the City's Risk Manager. Copies of such certificates shall be furnished to the City of Miami Risk Manager, 444 SW 2nd Avenue, Miami, FL 33130. City will be named as an additional insured on such policies. Section 14. Indemnification and Duty to Defend. Without limitation of MFP's obligations under Section 5.2 of the CAA, which for the avoidance of doubt shall apply to the Construction Work performed in connection with this Exhibit, MFP shall require that each contractor, consultant, and other vendor engaged in connection with the construction of the Enhanced Park Plan defend, indemnify, and hold harmless the City Indemnified Parties with respect to claims arising from such party's scope of work, on terms no less protective of the City than those imposed on MFP pursuant to Section 5.2 of the CAA. In no event shall such indenntification and duty to defend relieve MFP from its obligations. Similarly, in no event shall any insurance required of MFP or any contractor, consultant, or other vendor, serve to diminish the obligations set forth herein. The provisions of this Section 13 shall survive any termination or expiration of the CAA. Section 15. Repair and Relocation of Utilities. MFP shall have the right to replace, relocate, and remove, as necessary, utility facilities within the Public Park Parcel required for the development and construction of the Park, or for the operation of the Park and all Park Site Development. City agrees to cooperate with MFP in relocating existing utility lines and facilities on or adjacent to the Public Park Parcel which need to be relocated to develop the Park, including reasonable use of existing easements benefiting the Public Park Parcel, and the location and stubbing of utility connections leading to the Public Park Parcel. Such relocation of existing utilities related to structures contemplated by the Enhanced Park Plan, including without limitation the cost of restoring above -ground improvements, shall be paid through the Park Allowance, except that MFP retains the obligation at its sole cost to relocate and restore such utilities if such work would have otherwise been required in connection with the construction of the Improvements contemplated under the Base Park Condition. Section 16. Ombudsman. Recognizing the public and private benefits provided by the Park, City shall appoint an internal representative who is experienced and qualified to (i) report directly to the City Manager, and (ii) have authority to coordinate, expedite and respond for the City on behalf of the City Manager through the final permitting process (the "Ombudsman") to expedite the development of the Park as soon as reasonably practicable in an effort to assist MFP in achieving its development and construction milestones for the Park. Among other things, the Ombudsman shall (i) lead and set schedules for the internal City review process with respect to Construction Plans, (ii) expedite and help deliver expedited construction inspection approvals and required permits (including building and fire department approvals), (iii) monitor and inspect the development and construction process on City's behalf, (iv) maintain a continuous line of communication with MFP and meet with MFP and MFP's designated representatives on regular basis with respect to the design, entitlement, permitting, and approval process, (v) otherwise assist the City in coordinating the City's roles and responses and approvals. Section 17. Emergency Preparedness. In the event of a hurricane warning designated by the United States National Weather Services or other anticipated emergency event that would affect the safety of ongoing construction activities in the Park prior, with respect to each Phase, Park Site Development Completion, MFP, at no cost to the City, shall take all precautions necessary to secure the Park, regardless of whether the City has given notice of same. Section 18. Additional Reuuirements. (a) E-Verify. By agreeing to the terms in this Addendum, MFP is obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." MFP affirms that (a) it has registered and uses the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of MFP; (b) it has required all contractors and subcontractors hired by MFP in connection with the performance of the obligations under this Addendum to register and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor; (c) it has an affidavit from all contractors and subcontractors attesting that the contractor or subcontractor does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits until the tcnnination of the obligations under this Addendum. If City has a good faith belief that MFP has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate the CAA in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, MFP agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that MFP shall be liable for any additional costs incurred by City because of such termination. In addition, if City has a good faith belief that a contractor or subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but MFP has otherwise complied with its requirements under those statutes, then MFP agrees that it shall terminate its contract with the contractor or subcontractor upon receipt of notice from City of such violation by contractor or subcontractor in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court by City, MFP, or contractor or subcontractor no later than twenty (20) calendar days after the date of contract termination. Public and private employers must enroll in the E-Verify System (http://www.uscis.gov/e-verify) and retain the I-9 Forms for inspection. (b) Foreign Country of Concern. MFP affirms that it is not in violation of Section 287.138, Florida Statutes, titled Contracting with Entities of Foreign Countries of Concern Prohibited. MFP further affirms that it is not giving a government of a foreign country of concern, as listed in Section 287.138, Florida Statutes, access to an individual's personal identifying information if: a) MFP is owned by a government of a foreign country of concern; b) the government of a foreign country of concern has a controlling interest in MFP; or c) MFP is organized under the laws of or has its principal place of business in a foreign country of concern as is set forth in Section 287.138(2)(a)-(c), Florida Statutes. MFP shall require that each of its contractors and subcontractors affirm compliance with this paragraph and Section 287.138. Florida Statutes. (c) Public Entity Crime. MFP further warrants it will neither knowingly utilize the services of, nor contract with, any supplier, subcontractor, or consultant in excess of $10,000 in connection with the performance of any services in connection with the Park for a period of 36 months from the date of such party being placed on the convicted vendor list, and MFP shall require that each of its suppliers, contractors, subcontractors, or consultants affirm that it has not been convicted of a Public Entity Crime, as defined by Section 287,133, Florida Statutes, prior to entering into any such contract. (d) Scrutinized Companies. MFP affirms that it is not on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, or is engaged in business operations in Cuba or Syria, in each case as defined in Section 287.135, Florida Statutes, and MFP shall require that each of its suppliers, contractors, subcontractors, or consultants affirm that it complies with the foregoing prior to entering into any such contract. (e) Antitrust Violator Vendors List. MFP confirms and certifies that neither it, nor any entity engaged by it for the project contemplated herein, is in violation of Section 287.137, Florida Statutes. (f) Public Records. Without limitation of Section 9.18 of the CAA, the following is herein incorporated pursuant to Section 119.0701, Florida Statutes, to the extent applicable: SHOULD CONTRACTOR DETERMINE TO DISPUTE ANY PUBLIC ACCESS PROVISION REQUIRED BY FLORIDA STATUTES, THEN CONTRACTOR SHALL DO SO AT ITS OWN EXPENSE AND AT NO COST TO THE CITY. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130, THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. ATTACHMENTS: ATTACHMENT "1" ATTACHMENT "2" ATTACHMENT "3" ATTACHMENT "4" Enhanced Park Plan Public Park Milestones Public Park Phases Direct Purchasing Program Guidelines ATTACHMENT "1" Enhanced Park Plan (Attached on the .following page) Error! Unknown document property name. 1„t rely nl I 1ra1 1) J 4 e► A tr In' -y21.13J1U q_y *yJan.e'er r� al-. I•.IP rI y •1 ;WI FREEDOM PARK PRELIMINARY CONCEPT DESIGN SITE PLAN s<au I .m $ . .01 ill 1r , +44+MLin r } • rr il:t L7re OP IaMABM ORICE OP GPITAL IMPROYEM[NYS 0REEOOM►ARK PRELIMINARY CO*CEPTOESIGN 11 ,1k4-1M11. Lnert+ caurf l J 1 Baak.eb.02tr a. Panuan /OT2O 1111 5 126 Par41.rR So.,. Reuroan1 1 .3,10 / lk,L.JaCwa n. 2. 1 Sial.Pa.rd Area •09 I. Ful3ee 4d! Co..se 019 13 regral2r AmIto6SpacAs and 3 wMiuP P..n rE spa.e, 1! Spare Cr•+rn Bolding 2 Greer n[. •re+ li NrNns f IN:. Inns ] [u:1n;e Ann?, unp 5a.rlh WNInesl1 coo 14 Pallier 'Vasa /Medrleiaun Areal Zen Ceiden SmIryIS. 3crrn2ure G.rrder 16 Syrmp oral Jude trees 1/ Yloystould +1A Oran On A... 19 Oa; Part `]O 31Pr.ge Budd Ong 21, Paekll3:E l0B W r P.ekr0R 29.K02 and 4 Hamrup P.r.uM Sweea E2 Woonorl �. Pvblic An 14, Lannng Oullasl[a eP Mena n 25, ffadam PPr1 M3.n URN M t Error! Unknown document property name. ATTACHMENT "2" Public Park Milestones Phase Milestone Phase 1 The later of (i) April 2, 2026, and (ii) the date on which the Stadium obtains a temporary certificate of occupancy. Phase 2 September 15, 2026 Phase 3 April 15, 2027; provided, however, that any building/vertical structure included within Phase 3 shall be completed within twelve (12) months of the issuance of the building permit for the construction thereof. Phase 3b That date that is six (6) months after the date the City notifies MFP that FPL has permanently vacated the Access Area, as defined in that certain Temporary Access and Construction Staging Area and Hold Harmless, dated August 21, 2025, by and between the City and Florida Power & Light. Phase 3c That date that is six (6) months after the date the City notifies MFP that the "Moss Construction Trailer" and any other material related to the construction of the Municipal Administration Building has been permanently removed from the area identified as Phase 3c. Phase 4 Twelve (12) months after issuance of the final permit for the construction thereof, including any permits required from Miami -Dade County. ATTACHMENT "3" Public Park Phases (Attached on the, following page) y P'_ s C.... FREEDOM PARK PHASING DIAGRAM (12/05/25, UPDATED 02/23/2026) SITE PLAN sc.(1•:ma' City of Miami and Miami Freedom Park Jorge Mao Cano$a Enhanced Park Plan Whine 1- Yaliwr Dog Pt" sway If la SF (Wine( I ben3gri omen; MOibucteu'r Degav0 IC wc1une bee Wilma. sae wens n416.ars0le railed soursremecanyeg C¢1.19. 'yklyr� Plumy : - Omega anassyarey Weer. yeses min I yIm LI� L IM4 Wearraya are Wellness L0001 FmrJs Ilea are lia; Y0ells M: stparaaw 01 (2, age .gns.se. nes enenable aheb alru0Mee 0I1n ware. lPWaa.'a W rlp4Vwaylwrmg 1 kb Serf Panwry anon - I <6 410Ns PM10e ] - Pen L buseeDrr 1 F.-rower wtn Ir.04*10 r a LsyMg 0-+4.44t0ry SPY Canis( Beene., LSYcs 7S00 SF, we+ 5LW see wah AC an: res000n s Sporn o.R0000Sog bp4L4®ar, lems arc p*04basr Wen eean.ta g0.Y1* 4 MO rater raxrearY 5,349a"eeymioh2 Male 3a - Red (2W Mk Areay OVenSpate ben rryemn r Tire rdeleCt0 r parks b rt00e3 On NWT ana Son Pasts I nue +k:rmr Faemr Per.. °nee Ire 30 • Re4140105 peree0 obelruelel by COMAa) 4 Per,1eensbce err,b9nben • welawaya unc.uness 040 laroscrapng Plrwaw 4 - Blue 1 Wowrari Crvrr�a+l1 Wamwrr Cmen y*on ham I+W Inn SO e4r le LLwn.:: reeccr. Pan Drive ATTACHMENT "4" Direct Purchasing Program Guidelines PROVISIONS FOR TAX EXEMPT TRANSACTIONS/DIRECT PURCHASING PROGRAM 1. The City of Miami ("City") and Miami Freedom Park, LLC ("MFP") have entered into a Construction Administration Agreement dated February 9, 2023, as amended, to waive competitive bidding, and among other things, construct a public park pursuant to authority granted by the electorate and codified in Section 29-B(f) of the City Charter. MFP will engage third -party contractors ("Contractor") in furtherance of such construction work. 2. The Contractor and its Subcontractors shall include the terms and conditions of these Supplemental Terms and Conditions in all contracts related to materials to be directly purchased by the City, which shall be subject to, and in accordance with, all applicable laws, including, without limitation, Section 212.08(6), Florida Statutes and Rule 12A-1.094, Florida Administrative Code. 3. The Contractor will include in its base bid for each Phase, and in the final contract price submitted to MFP ("Contract Price"), Florida State Sales Tax and other applicable taxes for materials, supplies, and equipment required to complete the scope of services ("Work") set forth in the applicable agreements between Contractor and MFP for the improvements to be made to the City's park ("Construction Documents") as if all such items were being purchased by the Contractor. 4. For the materials to be purchased through this direct purchasing program (the "Program"), the Contractor shall submit the quoted price to the City without any mark-up whatsoever from the Contractor except as allowed by the Agreement. 5. Price proposals under this Program shall clearly indicate the amount of negotiated sales tax recovery equivalent to the applicable sales tax that would otherwise be required to be paid if the Contractor were purchasing the materials (the "Guaranteed Sales Tax Recovery Amount"). 6. Any approved price proposal submitted by the Contractor or Subcontractor for any Work under this Program ("Price Proposal") shall indicate whether the amount of such Price Proposal ("Price Proposal Amount") includes the sales tax corresponding to the Guaranteed Sales Tax Recovery Amount. The determination of whether to include the sales tax in the Price Proposal Amount shall be at the sole discretion of the City. If the sales tax corresponding to the Guaranteed Sales Tax Recovery Amount has not already been deducted from the approved Price Proposal Amount, the Price Proposal Amount will be adjusted by credit Change Order to deduct from the Price Proposal Amount the Guaranteed Sales Tax Recovery Amount. Such deductive Change Order/s may be processed as an initial Change Order or as subsequently processed Change Order(s) at such later time as deemed appropriate by the City prior to final completion of the applicable Phase of the Park Site Development within the Public Park Parcel ("Project). The Contractor agrees to deductive Change Orders for Guaranteed Sales Tax Recovery Amounts. 7. Once established, the Guaranteed Sales Tax Recovery Amount shall not be subject to reduction, it being understood that the City is entitled to the full amount of such sales tax recovery, notwithstanding the actual amount of materials purchased by the City for the Project. 8. The Contractor agrees that the portions of the Contract Price anticipated for the City -Purchased Materials Amount shall not be encumbered under the City's purchase order for the Contractor, and shall be used by the City to purchase certain materials for the Project. Should it be deemed appropriate by the City, the Contractor agrees to deductive Change Orders for the City - Purchased Materials Amounts. `City -Purchased Materials Amount" shall mean the portion of the Contract Price allocated for materials, products, and equipment to be purchased directly by the City for use in the park. 9. The Contractor agrees to submit requests for purchase orders for materials, products and equipment purchases ("Purchase Order Requests") to the City as set forth herein for the full amount of the City -Purchased Materials Amount. If the amount of all materials actually purchased by the City is less than the City -Purchased Materials Amount, the difference shall be encumbered under the purchase order for the Contractor. if the Price Proposal Amount had already been adjusted by initial credit Change Order for the City -Purchased Materials Amount prior to the purchase of the materials, such difference shall be returned to the Contract Price by additive Change Order or contingency adjustment. The Contractor may submit its requisition for payment in the amount of such difference only after all materials purchases have been fully completed and the associated deductive Change Order or contingency adjustment for the City -Purchased Materials Amount has been approved by the City. The Contractor shall not be entitled to any refund of the Guaranteed Sales Tax Savings due to the amount of materials actually purchased by the City being less than the City -Purchased Materials Amount, unless the Contractor can show that it was unable to achieve the City -Purchased Materials Amount for reasons or causes solely attributable to actions or inactions of the City. 10. The Contractor agrees that the sole purpose for uses of portions of the Contract Price or deductive Change Orders for City -Purchased Materials, is to facilitate purchasing of materials by the City for the Project without payment of sales tax. With the exception of the requirements of law for qualification of the City's purchases of materials to be exempt from payment of sales tax, the Contractor shall remain fully responsible for the performance of all Work required to construct the Project as set forth in the Contract Documents and the Agreement, inclusive of all labor, products, materials and equipment, whether purchased by the City or the Contractor. The Contractor shall be responsible for the timely and proper submission of all deductive Change Orders related to City -Purchased Materials, including allowance of sufficient time for their processing and approval by the City. 11. Upon mutual agreement between the Contractor and the City, the City -Purchased Materials Amount may be increased beyond that initially established in the approved scope, price, and terms for a particular Phase ("Job Order"). Any subsequent City -Purchased Materials shall conform to the requirements set forth herein for initially established City -Purchased Materials and the Contractor agrees to appropriate deductive Change Orders for the additional Guaranteed Sales Tax Savings corresponding to the increase in City -Purchased Materials Amount. 12. The Contractor and Subcontractor shall be responsible for selecting all suppliers, vendors and materialmen (collectively referred to herein as "Vendors") through a quoting process, for all City -Purchased Materials, as necessary for the performance of the Work. The Contractor and Subcontractor/s shall include the provisions of the General Conditions of the Contract for Construction and any Supplemental Terms and Conditions in the terms and conditions of all Vendor Agreements and Purchase Order Requests for City -Purchased Materials. 13. The Contractor shall advise the City of any proposed Vendors it has selected, following a quoting process as described in Section 3 herein, no less than (10) business days prior to the time the Contractor submits any Purchase Order Request for any proposed Vendor. The City acknowledges that, with respect to Phase 1, MFP has provided to the City the list of proposed Vendors. If any of Contractor's proposed Vendors are not active Vendors with the City, the Contractor shall be responsible for ensuring that those Vendors are established as active Vendors with the City prior to submission of any Purchase Order Requests to the City for those Vendors. If any Vendor applications for Contractor's or Subcontractor's proposed Vendors are incomplete or unacceptable, Contractor shall be responsible for having such deficiencies rectified or selecting other Vendors without any delay to the Project and without any increase in the Job Order amount, 14. As the Contractor and Subcontractor determine that City -Purchased Materials need to be ordered, the Contractor shall prepare and submit to the City a standard Purchase Order Request, in the form set forth by the City, to specifically identify the products, materials and equipment to be purchased by the City for the project. Such Purchase Order Requests and associated invoices shall not include materials for any other projects under any other contracts or other job orders. Each Purchase Order Request shall be prepared by each Contractor and/or Subcontractor and be approved by the Contractor and Subcontractor prior to submission to the City. Each Purchase Order Request shall include, but not be limited to the following: a) The name, address, telephone number, contact person and the City's Vendor Number, if applicable, for the material supplier. b) Manufacturer or brand, model or specification number of the item c) Quantity needed as estimated by the Contractor andlor Subcontractor d) The price quoted by the Vendor for the materials identified therein e) The applicable sales tax associated with such quote (as if not tax exempt) f) Delivery dates as established by the Contractor and/or Subcontractor 15. Purchase Order Requests shall include reference to any terms and conditions which have been negotiated with the Vendor (i.e. payment terms, warranties, etc.). All Purchase Order Requests are to be submitted to the City along with a copy of the Vendor's quotation, no less than ten (10) business days prior to the date required for ordering the materials, Purchase Order Requests shall not be in amounts less than $10,000.00, unless otherwise authorized in writing by the City. The Contractor shall provide written notice to the City at the time the last Purchase Order Request for City -Purchased Materials is submitted. 16. After receipt of the Purchase Order Request, the City shall prepare its Purchase Orders for equipment, materials or supplies. Pursuant to the Purchase Order, the Vendor will provide the required quantities of products, materials and equipment at the price established in the Vendor's quote to the Contractor and/or Subcontractor, less any sales tax. Upon receipt of each Purchase Order. the Contractor and/or Subcontractor, through the Contractor, shall verify the terms and conditions of the Purchase Order and advise the City of any discrepancies no later than three (3) business days after receipt. The City's Chief Procurement Officer shall be the approving authority for the City on Purchase Orders for all City -Purchased Materials. The Purchase Order shall also require the delivery of City -Purchased Materials on the delivery date(s) provided by the Contractor and/or Subcontractor in the Purchase Order Request and shall indicate F.O.B. the place of destination, which is defined as the Project site. City Purchase Orders shall contain, or be accompanied by, the City's exemption certificate and must include the City's name, address, and exemption number with both issue and expiration date shown. 17. The Contractor and/or its Subcontractors shall fully be each jointly and severally responsible for all 'natters relating to City -Purchased Materials in accordance with these procedures, including but not limited to, timely delivery and receipt of all City -Purchased Materials, verification of correct quantities, verification of documentation or orders in a timely manner, coordination of purchases, provision and obtainment of all warranties and guarantees required by the Contract Documents, inspection and acceptance goods at the time of delivery, and loss or damage to equipment and materials following delivery to the site due to the negligence of the Contractor or any of its Subcontractors. The Contractor and/or Subcontractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Subcontractor for the particular materials furnished. The Contractor and/or Subcontractor shall provide all services required for the unloading, handling and storage of materials through installation. The Contractor and Subcontractor agree to indemnify and hold harmless the City from any and all claims of whatever nature resulting from nonpayment of goods to Vendors arising from the actions or directions of Contractor or Subcontractor. 18. As City -Purchased Materials are delivered to the Project site, the Contractor or through its Subcontractors, shall visually inspect all shipments from the Vendors, and approve the Vendor's invoice for materials delivered. The Contractor and/or Subcontractor shall assure that each delivery is accompanied by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation shall consist of a delivery ticket and an invoice from the Vendor confirming the Purchase Order, together with such additional information as the City or Contractor may require. The Contractor and/or Subcontractor will verify. in writing, the accuracy of the delivery ticket. 19. On a weekly basis, the Contractor and/or Subcontractor shall be required to review invoices submitted by all Vendors of City -Purchased Materials delivered to the Project site during that week and either concur or object to the City's issuance of payment to the Vendors, based upon Contractor's and/or Subcontractor's records of materials delivered to the site and any defects in such materials. The Subcontractor will then forward the invoice to the Contractor for its review and approval prior to submission to the City. All Vendor invoices shall be stamped "Approved For Payment" and be signed by the Contractor and Subcontractor prior to submission to the City for payment processing. The Contractor shall notify the City in writing in a timely manner such that the City can, at its option, visit the site to verify and audit the accuracy of the Contractor's and Subcontractor's representation that the City -Purchased Materials indicated in the invoice, delivery ticket or bill of lading were actually delivered to and are present on the Project site. EXHIBIT E DESCRIPTION OF THE ENVIRONMENTAL WORK The following summarizes the environmental requirements to: i) complete the Site Assessment Report and Remedial Action Plan, ii) obtain approval for construction and drainage plans, iii) complete the construction of the Park and Development Site, and iv) obtain a No Further Action with Conditions (NFAC) enviromnental closure. I. PRE -CONSTRUCTION ASSESSMENT & PLAN APPROVAL PROCESS It is anticipated that within a period of approximately 8 to 12 months the following environmental documents can be completed and approved by Miami -Dade County DERM. I) Meeting with Wilbur Mayorga (DERM Pollution Remediation Section - PRS), a. Timeframe - Within 30 days of the tease Effective Date i. Objective is (o determine i ['additional site assessment requirements will be imposed prior to approval of the construction and drainage plans, and to confirm that DERM PRS has no objection to the proposed development plans. 2) Site Assessment Report Addendum (SARA) a. Timeframe 4 Months i. Objective is to complete additional soil and groundwater sampling required by DERM PRS to complete the Chapter 24 Site Assessment. 3) Remedial Action Plan (RAP) a. Timeframe - 2 Months (Concurrently with Item 2 SARA) i. Objective is to identify areas that warrant remediation prior to, or concurrent with, construction of the Development Site. 4) Pre -Construction environmental documents. Those will be required prior to DERM approving our construction plans. a. Tinrefratne - 4 months (concurrent with item 2 - SARA) i. Soil Management Plan (SMP) 11. health & Safety Plan (HASP) iii. Dust Control Plan (DCP) iv. Air Monitoring Plan (AMP) v. Engineering Control Plan (ECP) 5) Environmental Addendum Reports - If required by DERM following review of the SARA, RAP, SMP, HASP, DCP, AMP, and ECP. a. Timeframc -- 4 months 6) Drainage Plans approved by DERM a. Timeframe . 4 to 6 months I1. MONITORING & POST -CAP CERTIFICATION It is anticipated that within a period of approximately 4 to 8 years the following environmental tasks can be completed and a No Further Action with Conditions (NFAC) approved by Miami - Dade County DERM. I) During construction, DERM will require dust monitoring, and monthly operating reports (MORs) to track the progress of construction and compliance with the SMP and HASP. a. Timeframe — 12 to 24 months (required during soil disturbance activities) 2) Engineering Control Plan (ECP) cap installed on the Park Site, A Professional Engineer will prepare an ECP Certification Report. a. Timefrarne — I year (concurrent with item 7) 3) ECP cap installed on the Development Site. A Professional Engineer will prepare an ECP Certification Report. Time€fame — 2 years (concurrent with Item 7) 4) Groundwater Monitoring Only Plan (MOP) at boundaries - post-ECP installation. a. Thneframe I to 5 years. 5) Execution of Declaration of Restrictive Covenant. a. Tinrefrarne — 6 to 12 months (post -MOP approval) 6) RBCA Permit and Annual Environmental Control Maintenance Plan (ECMP) inspections/reporli ng. a. Timeframc - RBCA Permit may he issued for 10 year periods, and ECMP requirements are considered to be perpetual. 2 JOINDER BY MORTGAGEE JP Morgan Chase Bank, N.A. (the "Mortgagee") being the owner and holder of the Security Documents (as defined below) covering all/or a portion of the property described in the foregoing agreement (the "Property"), does hereby consent and acknowledge that the proposed First Amendment To And Restatement Of Development Agreement Between The City Of Miami, Florida And Miami Freedom Park, LLC, Regarding Approval Of The Miami Freedom Park Special Area Plan And Related Development ("Agreement") shall be binding upon the undersigned and its successors in title, and the lien of the Security Documents shall be subordinate to the terms of the Agreement, including, without limitation, in the event that Mortgagee or any other party shall obtain title through foreclosure or deed in lieu of foreclosure. a. Leasehold Mortgage, Security Agreement, Assignment of Rents and Fixture Filing dated as of April 22, 2025 from Inter Miami Stadium, LLC, a Delaware limited liability company in favor of JP Morgan Chase Bank, N.A., in the amount of $450,000,000, recorded April 23, 2025, in Official Records Book 34721, Page 2599, of the Public Records of Miami -Dade County, Florida, together with: b. Assignment of Leases and Rents dated as of April 22, 2025 from Inter Miami Stadium, LLC, a Delaware limited liability cotnpany in favor of JP Morgan Chase Bank, N.A., in the amount of $450,000,000, recorded April 23, 2025, in Official Records Book 34721, Page 2632, of the Public Records of Miami -Dade County, Honda. (collectively, the "Security Documents"). The sole purpose of Mortgagee joining in the execution of this Agreement is to subject the interests of Security Documents in the Property to the provisions of the Agreement. [Signature Page to Follow] IN WITNESS WHEREOF, these present havelhas been executed as of the G day of YkC}. 1 (�✓ 1 . 2026. WITNESSES: MORTGAGEE: 6takthet&rdamti-it Signature CGWV141011 (6M9(PiOre Print Name Address: Goo E 011 S+ Zl i a12a 1r l� i t!� `i Signature ► 1J1-.ate r, (N.L.P -,aet7 Print Name Address:- 1 b *41. STATE OF NEW YORK COUNTY OF +R...n- . }-ss.: LA On the S ilu ` of .yv C- in the year 20_, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidenc to he the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individual executed the instrument. JP Morgan Chase Bank, N.A. By: Name: SHatx.tdIj-' Title: G )LeCtTt Pte-*Cfra l- Notary Public, State of New York Qualified in the County of G1..+�, -v Commission No. D [ �4\ j: �y Vt. My Commission Expires:) I4.v-tdt. Bennis A McDonald Notaiy Public, State of Now Yk. k r. Qualified in Kings (.;outtiy No. 01 MC0002 4 0 My. Commission Expires March r, 0007 p:.F: i`Wairs JOINDER BY MORTGAGEE Lexington MF Freedom, LLC, a Delaware limited liability company (the "Mortgagee") being the owner and holder of the Security Documents (as defined below) covering all/or a portion of the property described in the foregoing agreement (the "Property"), does hereby consent and acknowledge that the proposed First Amendment To And Restatement Of Development Agreement Between The City Of Miami, Florida And Miami Freedom Park, LLC, Regarding Approval Of The Miami Freedom Park Special Area Plan And Related Development ("Agreement") shall be binding upon the undersigned and its successors in title, and the lien of the Security Documents shall be subordinate to the terms of the Agreement, including, without limitation, in the event that Mortgagee or any other party shall obtain title through foreclosure or deed in lieu of foreclosure. a. Leasehold Mortgage, Security Agreement, Assignment of Rents and Fixture Filing dated August 5, 2025 by MFP Infrastructure LLC, a Delaware limited liability company, to Lexington ME Freedom, LLC, a Delaware limited liability company, as Administrative Agent for Lenders, recorded August 5, 2025 in Official Records Book 34882, Page 4794, of the Public Records of Miami -Dade County, Florida, Florida, together with: i) Assignment of Leases and Rents dated August 5, 2025 by MFP Infrastructure LLC, a Delaware limited liability company, to Lexington MF Freedom, LLC, a Delaware limited liability company, as Administrative Agent, recorded August 5, 2025 in Official Records Book 34882, Page 4827, of the Public Records of Miami -Dade County, Florida. ii) UCC-1 Financing Statement by MFP Infrastructure LLC, a Delaware limited liability company, to Lexington MF Freedom, LLC, a Delaware lirnited liability company, as Administrative Agent for Lenders, recorded August 5, 2025 in Official Records Book 34882, Page 4852, of the Public Records of Miami -Dade County, Florida. (collectively, the "Security Documents"). The sole purpose of Mortgagee joining in the execution of this Agreement is to subject the interests of Security Documents in the Property to the provisions of the Agreement. [Signature Page to Follow] ACTIVE 719406024v1 IN WITNESS WHEREOF, these present have/has been executed as of the , Zb day of Mckf- � 2026. WITNESSES: Sig14ture k,tx (E vW Print Name Address: COI 1441 forN tV/tiuYsrk, NY Oitaa Sigbature 7 1-c P(d&,, Print Name Address: 64 ( Luel,tr -hc 4ww 30�/ STATE OF NEW YORK ) COUNTY OF NEW YORK MORTGAGEE: Lexington MF Freedom, LLC, a Delaware limited liability company By: LibreMax Capital, I1LC, its manager By: Name: °RC) (P 3+"r41c Title: CFI The foregoing instrument was acknowledged before me, by means of ; l physical presence or ❑ online notarization, on this %% day ofAkttich �wsiwt 16, r by Q�ooS L,e:sw:cic , the e.f0 e�t�ti� "tf Lexington MF Freedom.':LC, a Delaware limited liability company, on behalf of the Company, who is personally known to me or has produced c -epc 1: te4A, as identification. NOTARY PUBLfC STATE OF NEW YORK Print Name: hem. ' " t( Commission No. 0 LS E 6 yOtL°1 Commission Expires: i24 zt.sq. KENNETH SEILER NOTARY PUBLIC, STATE OF NEW YORK Rqgiotrolfon No. 025E8404293 QIJ409d In New York County iglit1'it81Nion Expires December 9, 20274 ACTIVE 719406024v1 Olivera, Rosemary From: Valdes, Greimy Sent: Tuesday, April 14, 2026 1:58 PM To: Hannon, Todd; Olivera, Rosemary; Ewan, Nicole Cc: Snow, David; Lee, Erica Subject: Re: Miami Freedom Park Development Agreement (updated version) Attachments: Miami Freedom Park Development Agreement Amendment.pdf Good afternoon, Please see the updated fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Sincerely, Greimy Valdes Administrative Aide Planning Department 444 SW 2' AV, 3' Floor Miami, Florida 33130 Email: grvaldes@miamigov.com Phone: 305-416-1445 Department Website: https://www.miamigov.com/My- Government/Departments/Planning From: Valdes, Greimy <GrValdes@miamigov.com> Sent: Tuesday, April 14, 2026 7:41 AM To: Hannon, Todd <thannon@miamigov.com>; Olivera, Rosemary <ROlivera@miamigov.com>; Ewan, Nicole <newan@miamigov.com> Cc: Snow, David <dsnow@miamigov.com>; Lee, Erica <ELee@miamigov.com> Subject: Miami Freedom Park Development Agreement (updated version) Good morning, Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Sincerely, 1 Greimy Valdes Administrative Aide Planning Department 444 SW 2' AV, 3rd Floor Miami, Florida 33130 Email: grvaldes@miamigov.com Phone: 305-416-1445 Department Website: https://www.miamigov.com/My- Government/Departments/Planning 2