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HomeMy WebLinkAboutExhibit - AgreementINTERLOCAL AGREEMENT FOR INSTALLATION AND MAINTENANCE OF STREETLIGHTS WITHIN MIAMI-DADE COUNTY RIGHT-OF-WAY BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY WHEREAS, the City of Miami has requested permission to install nonstandard streetlights within the Miami -Dade County public rights-of-way (the "Improvements"), along certain portions of South Miami Avenue, which includes: (i) South Miami Avenue bound on the southern side by SE/SW 7th Street and bound on the northern side by SE 6th Street, as is generally depicted in the sketch attached Exhibit "A," and (ii) any Improvements pertaining to the intersection of South Miami Avenue and SE 6th Street, which may include a traffic circle or other roundabout -type intersection; and WHEREAS, the City of Miami and Miami -Dade County are mutually desirous of providing assurances for the future continued maintenance, repair and replacement of the Improvements; and WHEREAS, the City of Miami shall be responsible for the operation and maintenance of the Improvements. NOW, THEREFORE, in consideration of the covenants herein provided, the City of Miami and the County agree as follows: 1. The foregoing recitals are incorporated herein. 2. The City of Miami shall be responsible for the installation and continuous operation, maintenance, repair, and replacement, when necessary, of the streetlight improvements and systems, excluding, however, the costs of electric service charged by Florida Power and Light Co. ("FPL"). Operation and maintenance of such streetlights and streetlight systems shall include, but not be limited to, responsibility for underground locates, spot painting, graffiti abatement, periodic inspection, electric repairs, reporting power outages to FPL, and emergency/storm event response. If it becomes necessary, as determined in the sole discretion of Miami -Dade County, for Miami -Dade County to make repairs, maintain or replace the Improvements including but not limited to restoration of the street, by reason of the City of Miami's failure to do so, Miami -Dade County has the right, but not the obligation, to repair, maintain, or replace same, and such expense shall be paid by the City of Miami upon written request of Miami -Dade County. However, nothing contained herein shall be construed as creating an obligation or responsibility for Miami -Dade County to inspect, repair, replace, or maintain such Improvements. 3. To the extent allowed by and subject to the limitations of Florida Statute Section 768.28, the City of Miami does hereby agree to indemnify and hold Miami -Dade County, its officials, employees and instrumentalities, harmless from any and all liability for any damage, injury, or claim that may arise by virtue of the installation of the nonstandard streetlights, or the exercise of any rights, obligations or actions under this Agreement, {38029525;3} including but not limited to Miami -Dade County's permission for the installation of same, or from the City of Miami's failure to maintain, repair, replace, or operate the Improvements. 4. The undersigned further agrees that these conditions shall be deemed a continuing obligation between the City of Miami and Miami -Dade County and shall remain in full force and effect and be binding on the City of Miami, and any permitted successors or assigns, until such time as this obligation has been cancelled, in the sole and absolute discretion of Miami -Dade County, by an affidavit filed in the Public Records of Miami - Dade County, Florida by the Director of the Miami -Dade County Department of Transportation and Public Works (or their fully authorized representative). Prior to executing said affidavit, the lighting system shall be subject to inspection by Miami -Dade County, and the nonstandard lighting fixtures shall have been replaced with standard lighting fixtures, the lighting system shall be in good working order and in compliance with the applicable National Electrical Code in effect at that time. Any expenses for repairs, replacements, or corrections shall be paid by the City of Miami. 5. In the event that the City of Miami requests any third party to assume any of the responsibilities hereunder, the City of Miami acknowledges that such assumption shall not relieve the City of Miami from any obligations or responsibilities hereunder. Prior to allowing such assumption, the City of Miami shall require such third party to additionally indemnify Miami -Dade County from any and all liability for any damage, injury, or claim that may arise by virtue of the installation of the Improvements, or for the failure to maintain or operate the Improvements, and additionally, Miami -Dade County shall be named as an additional insured on any insurance provided by such third party -to the City of Miami. No transfer, conveyance, or assumption, in whole or in part, of any right, obligation, or responsibility hereunder shall be allowed absent prior written notification to Miami -Dade County no less than fifteen days prior to such transfer. Additionally, such transfer must include the recordation of the Covenant attached as Exhibit "S," which shall not be amended, modified, or released without written approval by the County Mayor or Mayor's designee. 6. Nothing in this Agreement, expressed or implied, is intended to: (a) confer upon any entity or person other than the parties and any permitted successors or assigns, any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. Additionally, nothing herein shall be deemed to constitute a waiver of any rights under Florida Statute Section 768.28, or as a waiver of Miami -Dade County's sovereign rights, including but not limited to the issuance of permits. 7. The language agreed to herein expresses the mutual intent and agreement of Miami -Dade County and the City of Miami, and shall not, as a matter of judicial construction, be construed more severely against one of the parties from the other. {38029525;3} 8. Miami -Dade County retains all of its sovereign prerogatives and rights as a county under Florida laws and shall in no way be estopped from withholding or refusing to issue any approval or permit as provided for under Florida law, including but not limited to the Miami -Dade County Code and Public Works Manual. 9. Any obligations hereunder for payment or indemnification of Miami -Dade County that arise prior to the termination of this Agreement shall survive the termination of this Agreement. 10. Any notice, request, demand, approval, or consent given or required to be given under this Agreement shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail (return receipt requested), postage prepaid, to the other parties at the addresses stated below or at the last address provided by a party to the other party at which to receive notice. City: CityManager City of Miami 444 S.W. 2" Avenue, 10dh Floor Miami, Florida 33130 Director of Public Works City of Miami 444 S.W. 2'd Avenue, 8t" Floor Miami, -Florida 33130 County Director of Miami -Dade County Department of Transportation and Public Works Miami -Dade County Stephen P. Clark Center 111 Northwest First Street, 14th Floor Miami, Florida 33128 IN WITNESS WHEREOF, the City of Miami has caused this instrument to be executed by its respective officials thereunto duly authorized, this the day and year above written. ATTEST: "City" CITY OF MIAMI, a municipal corporation By: Todd Hannon, City Clerk Daniel J. Alfonso, City Manager {38029525;3} APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez City Attorney APPROVED AS TO CONTENT: Director., Department of Public Works (ACKNOWLEDGMENT - CORPORATION) STATE OF FLORIDA SS. MIAMI DADE COUNTY BEFORE ME, the undersigned authority, this day personally appeared and both being to me well known and known by me to be the of the City of Miami, -a corporation finder the laws of the State of Florida, and which said Corporation is known by me to be the person described in and which executed the foregoing Covenant, the said officers of the said Corporation being likewise known by me to be the officers thereof who, in their official capacities as such officers of said Corporation executed, signed and delivered the said Covenant as the act and deed of said Corporation, and the said officers of said Corporation then and there severally acknowledged to and before me that they executed the said Covenant, acting in their said official capacities, for and as the act and deed of the said Corporation and in its name, and impressed thereon its Corporate Seal, for the uses and purposes therein mentioned, and after .being thereunto by the said Corporation duly authorized and directed. WITNESS my hand and official Seal at , in the County and State aforesaid, on this, the day of , A.D. 20 Notary Public, State of My Commission Expires: {38029525;3) MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA Mayor or Mayor's Date Designee Stephen P. Clark Center 111 N.W. 1 Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: M. Deputy Clerk Date {38029525;3) BIZ ----------_____ ------------- N.E.809 ET91 4 CITYCENTRE A05MECTOMICA /;T-- FAKIIAL NI�LN --AM EAST BLOCK STREET LIGHTINGPIAN E.E.81 4 AI, m CITYCENTRE A05MECTOMICA /;T-- FAKIIAL NI�LN --AM EAST BLOCK STREET LIGHTINGPIAN E.E.81 4 -- -- - ------- . ..... BRICKELLO, CITYCENTRE -4 BCC WEST I id L! IMF -5 > J. 4 JULY 31.2015 � .7— A, On -T �w tf , -�3 J p - — 7%k, OIL - T -7 4 M3 A I L—L-, JIM is kRl& DF nu -NG) is 7N- - eg ELECTRICAL SW STH STREETWESTBLosTREEr -!-t LIGHINGS PLAN 31 w W -E-8 117 L J Lj Lj PARTIAL RISER DIAGRAM SW 7TH- STREET - -------- - ---------- t - --------- ------- -4 BCC WEST I id L! IMF -5 > J. 4 JULY 31.2015 � .7— A, On -T �w tf , -�3 J p - — 7%k, OIL - T -7 4 M3 A I L—L-, JIM is kRl& DF nu -NG) is 7N- - eg ELECTRICAL SW STH STREETWESTBLosTREEr -!-t LIGHINGS PLAN 31 w W -E-8 117 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 Prepared by and return recorded copy to: City of Miami Public Works Department Attention: Director 444 SW 2"d Avenue, 8th Floor Miami, FL 33130-1910 COVENANT RUNNING WITH THE LAND ("COVENANT") THIS COVENANT made and entered into this day of 20_, by and between BRICKELL CITY CENTRE PROJECT LLC (hereinafter called "COVENANTOR") and the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida, located in Miami -Dade County (hereinafter called "CITY"); and WHEREAS, COVENANTOR is the fee OWNER of: See attached Exhibit "A" containing a legal description of the property (hereinafter called "PROPERTY"); and ...... _ WHEREAS, the portions of the dedicated public right of way know as S. MIAMI AVENUE adjacent to the PROPERTY, within the CITY, are under the maintenance jurisdiction of MIAMI-DADE COUNTY (hereinafter called "COUNTY"); and WHEREAS, pursuant to that certain Subsurface and Maintenance Easement, dated March 2, 2016, as recorded in Official Records Book 29982, Page 3473, of the Public Records of Miami - Dade County, Florida, COUNTY granted COVENANTOR the right to construct and maintain nonstandard streetlights and related structures, fixtures and improvements within the portion of S. MIAMI AVENUE, bound on the southern side by SE/SW 8th Street and bound on the northern side by SE/SW 7th Street; and WHEREAS, COVENANTOR has requested permission from CITY and COUNTY to construct and maintain nonstandard streetlights and related structures, fixtures and improvements {39325840;1) 1 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 (hereinafter collectively called "IMPROVEMENTS"), within: (i) the portions of S. MIAMI AVENUE bound on the southern side by SE/SW 7�' Street and bound on the northern side by SE 6th Street, as is generally depicted in the sketch attached Exhibit "B," and (ii) any IMPROVEMENTS pertaining to the intersection of S. MIAMI AVENUE and SE 6TH STREET, which may include a traffic circle or other roundabout -type intersection (hereinafter (i) and (ii) are collectively called the "PROJECT LIMITS"); and WHEREAS, CITY has in turn requested permission from COUNTY to maintain those portions of the IMPROVEMENTS constructed by COVENANTOR within the PROJECT LIMITS, adjacent to the PROPERTY, which are under the maintenance jurisdiction of COUNTY; RIT11 WHEREAS, CITY has required the COVENANTOR to execute and deliver to CITY this --- - - instrumentasa condition precedent to thegrantingof said -permission toconstructand maintain the IMPROVEMENTS, and as a condition precedent to the CITY's acceptance of said maintenance responsibilities from COUNTY; and NOW THEREFORE, in consideration of the permission by CITY to allow the construction and maintenance of the IMPROVEMENTS within the dedicated public right of way by COVENANTOR and in the further consideration of the premises, COVENANTOR does hereby covenant and agree with CITY that COVENANTOR shall, at no cost to the CITY, remove the aforementioned IMPROVEMENTS whenever requested by, and upon thirty (30) days written notice from, the Director of the Department of Public Works of the CITY. In the event that COVENANTOR, its successors, or assigns fails to remove the IMPROVEMENTS when so requested, the Director of the Department of Public Works of the {39325840;1} 2 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 CITY shall cause the aforementioned IMPROVEMENTS to be removed at the expense of COVENANTOR; the amount of such removal cost shall be declared and established as a lien on the property of such defaulting COVENANTOR and enforced as any lien of materials furnished and work and labor done provided under the Statutes of the State of Florida, the applicable Codes of the City and the County, and the COVENANTOR voluntarily, knowingly and freely covenants and agrees that all recourse or cause(s) of action against the CITY is hereby expressly waived as to any damage caused, direct, indirect, special, consequential or otherwise, to any portion, in whole or in part, of the remainder of COVENANTOR's improvements, resulting from the removal of the aforesaid IMPROVEMENTS from said public right-of-way. COVENANTOR shall provide maintenance of the IMPROVEMENTS, in accordance with the CITY's standards and specifications. - - -- - - - In addition, COVENANTOR - agrees to -accept and assume all obligations and -- responsibilities being assigned to CITY in that certain INTERLOCAL AGREEMENT between CITY and COUNTY (hereinafter called the "INTERLOCAL"), a copy of which is attached Exhibit "C." In doing so, COVENANTOR accepts and assumes all obligations and responsibilities therein pertaining to the IMPROVEMENTS within the PROJECT LIMITS. COVENANTOR shall be responsible for the installation and continuous operation, maintenance, repair, and replacement, when necessary, of the IMPROVEMENTS, excluding, however, the costs of electric service charged by Florida Power and Light Co. ("FPL"). Operation and maintenance of such streetlights and streetlight systems shall include, but not be limited to, responsibility for underground locates, spot painting, graffiti abatement, periodic inspection, electric repairs, reporting power outages to FPL, and einergency/storm event response. If it {3.9325840;1) 3 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 becomes necessary, as determined in the sole discretion of COUNTY, for COUNTY to make repairs, maintain or replace the IMPROVEMENTS, including but not limited to restoration of the street, by reason of the COVENANTOR'S failure to do so, COUNTY has the right, but not the obligation, to repair, maintain, or replace same, and such expense shall be paid by COVENANTOR upon written request of COUNTY. However, nothing contained herein shall be construed as creating an obligation or responsibility for COUNTY to inspect, repair, replace, or maintain such IMPROVEMENTS, COVENANTOR shall indemnify, defend and save CITY and COUNTY, their officers and employees, harmless from and against any and all claims, liability, losses and causes of action, of any nature whatsoever that may arise out of the granting of this Covenant or out of COVENANTORS' activities under this Covenant, including all other acts or omissions to act on - the part of COVENANTOR or any person acting for or on COVENANTOR's behalf, and from- - and against any orders, judgments or decrees that may be entered, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof or against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work or use of the right of way, even if it is alleged that the CITY and COUNTY; or their officials and/or employees, were negligent. Additionally, COVENANTOR shall indemnify, defend, and hold CITY, its officers and employees, hannless from any claims, demands, liabilities, losses or causes of action of any nature whatsoever arising out of the acceptance by the CITY of the INTERLOCAL with COUNTY, or any part thereof or activities thereunder, from and against any orders, judgments or decrees that {39325840;1} 4 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND333130 may be entered, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the investigation thereof. COVENANTOR shall keep in full force and effect, at all times during the exercise of this Covenant, a commercial general liability policy of insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, including death, and property damage. The certificate of insurance should afford coverage for premises and operations liability, products and completed operations, personal and advertising injury liability, and any other endorsements pertinent to the scope of work. The insurance should be primary and non- contributory. The insurance and Covenant shall be subject to the approval of the CITY's Risk Manager and the CITY Attorney. The insurance policy shall be procured and premiums paid by COVENANTOR. The effective date of the policy shall be prior to or on the effective date of the Covenant, and the policy term or any renewals thereof shall remain in effect for the term of the - Covenant. The insurance carrier for the policy must be rated no less than A- as to management and no less than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be approved by the CITY's Risk Manager. CITY and COUNTY shall be listed as Additional Insured under the policy. Proof of insurance shall be supplied to the satisfaction of CITY and COUNTY prior to the issuance of any permits. A Certificate of Insurance bearing CITY and COUNTY as "Additional Insured" shall in no way relieve COVENANTOR of the obligation to add CITY and COUNTY as "Additional Insured" to the actual insurance policy. The insurance policy shall provide that CITY and COUNTY be given at least thirty (30) days advance written notice of any material changes, cancellation or non -renewal notification of any policy and, in the event of such {39325840;1 } 5 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 material change, cancellation or non -renewal notification, COVENANTOR shall immediately replace said policy with another policy to the satisfaction of CITY and COUNTY with the receipt of a certificate of insurance for such policy by CITY at least ten (10) days prior to the effective date of the material changes, cancellation or non -renewal of any policy. In the event that CITY is not in possession of same by such date, then CITY shall have the right to immediately secure a similar insurance policy in its name with the total cost of the premium and all monies that may become due during the term of the Covenant being charged to COVENANTOR and CITY shalt have the right to declare and establish said costs as a lien on the PROPERTY of COVENANTOR, enforced as any lien provided for under the statutes of the State of Florida. COVENANTOR agrees to increase from time to time, as required by the City's Code, the limits of the comprehensive liability insurance policy required to be provided pursuant to this Covenant, upon the written . - request of CITY. - It is expressly understood and agreed that this COVENANT touches and concerns the PROPERTY, and shall be binding upon COVENANTOR, and also upon grantees, heirs, successors -in -interest or assigns of COVENANTOR, and shall be a condition -implied in any conveyance or other instrument affecting the title to the aforesaid property or any portion thereof. Additionally, COUNTY shall be deemed a third party beneficiary to the COVENANT and none of the obligations or responsibilities in this COVENANT may be released from the PROPERTY without prior written consent of COUNTY. Any notice, request, demand, approval or consent given, or required to be given, under this Covenant shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail (return receipt requested), postage paid, to the other parties at {39325840;1 } 6 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: COVENANTOR: BRICKELL CITY CENTRE PROJECT LLC Attn: Chris Gandolfo 501 Brickell Key Drive, Suite 600 Miami, FL 33131 and AKERMAN LLP Attn: Spencer Crowley Three Brickell City Centre 98 Southeast Seventh Street Miami, FL 33131 CITY: THE CITY OF MIAMI Attention; Director, Department of Public Works 444 S.W. 2nd Avenue, 81h Floor Miami, FL 33130 COUNTY: MIAMI-DADE COUNTY Attention: Director of Miami -Dade County Department of Transportation and Public Works Stephen P. Clark Center 111 Northwest First Street, 14th Floor Miami, FL 33128 COVENANTOR herein expressly acknowledges that (a) permission granted by the CITY to construct the IMPROVEMENTS on public right of way within the CITY is solely for the limited purposes set forth herein and does not constitute a lease and that the rights of the COVENANTOR hereunder are not those of a tenant but is a mere personal privilege to do certain acts on public right of way within the CITY, (b) the CITY and COUNTY retain dominion, possession and control {39325840;1) 7 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 - of the public right of way within the CITY and can in the event of default by COVENANTOR unilaterally end the permission granted herein to COVENANTOR, without fault or breach or cause whatsoever provided, however, that notice is given to COVENANTOR and COVENANTOR has not cured the event of default within the period of time specified herein after receipt of notice and (c) COVENANTOR does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the public right of way within the CITY by virtue of its use hereunder or by virtue of any expenditures incurred in connection herewith, [signature page follows] {39325840;1} 8 LOCATION: BR.ICKELL CITY CENTRE MIAMI, FL 33131 AND 331.30 Signed, Sealed, Attested And delivered in our presence: FIRST WITNESS: Sign: Print Name: Address: SECOND WITNESS: Sign: Print Name: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE COVENANTOR: Brickell City Centre Project LLC, a Florida limited liability company, as Trustee under Land Trust No. BCC -2012 Name: Title: Trustee executes this Covenant solely as Trustee under Land Trust No. BCC -2012 and not individually, and no personal recovery or judgment shall ever be sought or obtained against Trustee by reason hereof. The foregoing instrument was acknowledged before me this day of , by , as of Brickell City Centre Project LLC, a Florida limited liability company, as Trustee of Land Trust No. BCC -2012, on behalf of said limited liability company. He/she is personally known or has produced as identification. NOTARY PUBLIC STATE OF FLORIDA [SEAL] Print Name: Commission No.: Commission Expires: {39325340;1} 9 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 CITY OF MIAMI, a municipal Corporation of the State of Florida: Daniel J. Alfonso City Manager APPROVED AS TO CONTENT: Director, Department of Public Works APPROVED AS TO INSURANCE REQUIREMENTS: Anne -Marie Sharpe - Director of Risk Management APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City .Attorney {39325840;1 } 10 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Brickell City Centre North Block: LOTS 1 THROUGH 6, THE WEST HALF OF LOT 7, AND LOTS 9-14, BLOCK 1075, OF PATTERSON AND OLIVE SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONVEYED BY RIGHT-OF-WAY DEED RECORDS IN OFFICIAL RECORDS BOOK 25161, PAGE 1547, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Brickell City Centre North Squared Block: LOTS 1 THROUGH 7, IN BLOCK 108 SOUTH, OF S.L & J.B. PATTERSON AND J.F. AND B.T OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONVEYED BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 11810, PAGE 2274, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PARCEL: A PORTION OF LOTS 1 AND 2, BLOCK 1085, S.L. & J.B. PATTERSON AND J.F. & B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B AT PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE S 8704731" W ALONG THE NORTH RIGHT OF WAY LINE OF S.E. 6TH STREET, ALSO BEING THE SOUTH LINE OF SAID BLOCK 108S FOR 19.62 FEET; THENCE N 02°16'37" W FOR 0.19 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE S 87°42'25" W FOR 55.16 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A 25.41 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 56034'51" FOR AN ARC DISTANCE OF 25.09 FEET TO A NON -TANGENT POINT; THENCE N 02°16'37" W ALONG A LINE 4.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID BLOCK 108S FOR 17.48 FEET TO A POINT OF CUSP WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST AND WHOSE RADIUS POINT BEARS N 87043'23" E; THENCE SOUTHEASTERLY ALONG A {39325840;1 } 11 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 25.00 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF 89055'52" FOR AN ARC DISTANCE OF 39.24 FEET TO A POINT OF TANGENCY; THENCE N 87°47'31" E FOR 51.41 FEET; THENCE S 02°16'37" E FOR 3.81 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND LYING AND BEING IN SECTION 38, TOWNSHIP 54 SOUTH, RANGE 41 EAST. {39325840;1) 12 LOCATION: BRICKELL CITY CENTRE MIAMI, FL 33131 AND 33130 EXHIBIT B (See Attached) (39325840;1) 13 ZM- wI Y PAR11A RISER DIAGRAM wl� SW STH STREET UCKELL TYCENTRE I .PROPIBTI[S OUfTECTONICA ICC WEST 16 61-1 D ELEGTRICL W EST BLOGI' STREET LLGHTING PLVJ W -E--81 1