HomeMy WebLinkAbout2019-176-3305 RUDG Commons Project RESOLUTION NO. 2019-176-3305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST THE
PARTIAL RELEASE OF MORTGAGE, RELEASE OF THE UNITY
OF TITLE, CHANGED EXHIBITS TO THE AMENDMENT TO
AMENDED DEVELOPERS AGREEMENT, SIGN EASEMENT
AGREEMENT, SEWER LIFT STATION, ROADWAY EASEMENT
AGREEMENT, RELEASE OF RESOLUTION, AND CLARIFYING
LETTER TO NEW MARKET TAX CREDIT PROVIDER, IN
SUBSTANTIAL FORM AS THOSE EXHIBITS ATTACHED
HERETO AS "A", "B", "C", "D", "E", "F", "G", "H", RELATING TO
RUDG-THE COMMONS DEVELOPMENT; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City was allocated One Million Nine Hundred Forty Thousand
Three Hundred and Thirty-Seven Dollars ($1,940,337.00) in Neighborhood Stabilization
Program 3 (NSP3) Funds for housing units to be developed in targeted areas, and
WHEREAS, in order to seek leveraging of awarded funds, the City issued a
formal Request for Proposals; as a result, one of the applicants awarded funding was
RUDG-The Commons, LLC, ("The Commons"), and
WHEREAS, the City Council awarded One Million One Hundred and Fifty
Thousand Dollars ($1,150,000.00) to the Commons for the acquisition of land and
construction of 189 units for elderly residents, and
WHEREAS, the City entered into a Developer's Agreement with RUDG — The
Commons on December 19, 2011, for the acquisition of the land on which the multi-
family elderly housing was to be built, and a Mortgage Deed and Restricted Covenant
was recorded on the property to secure the City's investment, and
WHEREAS, an Amended Developer's Agreement and an Amended Mortgage
Deed and Restrictive Covenant were negotiated to replace the previously executed
documents, and approved by the City Council on July 24, 2013 (Res. 2013-178-1974),
Resolution No. 2019-176-3305
and, five (5) subsequent amendments were executed and recorded in the public record
of Miami Dade County related to this property, and
WHEREAS, to assist it in financing the construction of the new health center,
Jessie Trice will be entering into certain New Market Tax Credit ("NMTC") financing, and
at the NMTC closing, Jessie Trice will transfer the Real Property to Jessie Trice
Collaborative, Inc., organized to be a supporting organization to Jessie Trice for the
construction and operation of the new health center, and
WHEREAS, in addition, there are a number of other documents necessary to
facilitate the closing and construction of the Center including: The Partial Release of
Mortgage, Release of the Unity of Title, changed exhibits to the Amendment to
Amended Developers Agreement, Sign Easement Agreement, Sewer Lift Station,
Roadway Easement Agreement, Release of Resolution, and Clarifying Letter to New
Market Tax Credit provider,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Manager and City Clerk to execute and attest the Partial
Release of Mortgage, Release of the Unity of Title, changed exhibits to the Amendment
to Amended Developers Agreement, Sign Easement Agreement, Sewer Lift Station,
Roadway Easement Agreement, Release of Resolution, and Clarifying Letter to New
Page 2 of 3
Resolution No. 2019-176-3305
Market Tax Credit provider, in substantial form as those Exhibits attached hereto as "A",
"C", "D", "E", "F", "G", "H", relating to RUDG-The Commons Development.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON SEPTEMBER 11 , 2019.
ty;
OLIVER GILBERT, III, MAYOR
ATTEST:
MARIO BATAILLE, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: COUNCILMAN DAVID WILLIAMS JR
Moved by: Mayor Gilbert
Seconded by: Vice Mayor Harris
VOTE: 7-0
Mayor Oliver Gilbert, III X (Yes) (No)
Vice Mayor Rodney Harris X (Yes) (No)
Councilwoman Katrina Wilson X (Yes) (No)
Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No)
Councilwoman Lillie O. Odom X (Yes) (No)
Councilman Reggie Leon X (Yes) (No)
Councilman David Williams Jr X (Yes) (No)
Page 3 of 3
Prepared By:/Record&Return To:
Michael J.Barker,Esq.
Attorneys'Title Services,LLC
12428 San Jose Blvd.,Suite 1
Jacksonville,FL 32223
PARTIAL RELEASE OF MORTGAGE
KNO WALL PERSONS BY THESE PRESENTS:That the CITY OF MIAMI GARDENS(the
"City"), 1515 N.W. 167 Street, Bldg. 5, Suite 200, Miami Gardens, Florida, 33169, is the owner
and holder of that certain Mortgage Deed and Restrictive Covenant dated December 19, 2011,
recorded in Official Records Book 27938, Page 4353, of the Public Records of Miami-Dade
County, Florida from RUDGTHE COMMONS, LLC, a Florida limited liability company(the
"Owner"), 1000 NW I'Ave., Suite 100, Miami, FL 33136, given to secure the principal sum of
ONE MILLION ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS
($1,150,000.00) secured by an Amended Mortgage Deed and Restrictive Covenant dated July 26,
2013 and recorded in Official Records Book 28827, at Page 2870, as amended by that certain
Bifurcation of Amended Mortgage Deed and Restrictive Covenant recorded in Official Records
Book 29653, at Page 2888,by that certain Second Amendment to Mortgage Deed and Restrictive
Covenant recorded in Official Records Book 29653,Page 2893,by that certain Third Amendment
to Mortgage Deed and Restrictive Covenant recorded in Official Records Book 29653,Page 2897,
by that Corrective Bifurcation of Amended mortgage Deed and Restrictive Covenant recorded in
Official Records Book 29850, Page 376, and by that certain Corrective Third Amendment to
Mortgage Deed and Restrictive Covenant recorded in Official Records 29850, Page 383, and as
amended in Official Records Book 30813, Page 4894, all of the Public Records of Miami-Dade
County, Florida.
For the value received, the City does hereby release and discharge from the lien of the said
mortgage the following described portion of the mortgaged premises, situated in the County of
Miami-Dade, State of Florida to-wit:
See"Exhibit A" attached hereto and made a part hereof
However, this release shall not impair the lien of the said mortgage as to the lands therein
described not hereby released.
TO HAVE AND TO HOLD, the same with the appurtenances, unto the said Owner,
mortgagor,heirs and assigns forever, freed, exonerated and discharged of and from the lien of said
mortgage, and every part thereof; provided always, nevertheless, that nothing herein contained
shall in anywise impair, alter or diminish the effect,lien or encumbrances of premises,not hereby
released therefrom, or any of the rights and remedies of the holder thereof.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF,"the undersigned"has signed and sealed these presents the date
set forth above.
Witnessed in the presence of: CITY OF MIAMI GARDENS, FLORIDA
Witness# 1 Sign By:
Cameron Benson
Its: City Manager
Witness# 1 Print Name
Witness#2 Sign
Witness#2 Print Name
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2019 by Cameron Benson, as City Manager of the City of Miami
Gardens, Florida, who (check one) ❑ is personally known to me, or ❑ has produced a valid
driver's license as identification.
Notary Public, State of Florida
My Commission Expires:
Exhibit A
(Legal Description)
-JESSIE TRICE"
A PORTION OF TRACTS 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING
THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160 AT PAGE 34, BOTH OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN S87'49'27'W ALONG THE
NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33 BEING
COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33 FOR A DISTANCE OF 625.01 FEET;
THENCE RUN S01'47'25"E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS
SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 455.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SO1*47'25"E FOR 511.81 FEET; THENCE S87'51'24"E, ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS SHOWN ON SOUTH
FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK CANAL (C-9)
AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
FOR 177.27 FEET; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 459.10 FEET TO A POINT
OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF
REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 45.00 FEET AND A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHWESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET
TO A POINT OF TANGENCY; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE
EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 24.77
FEET; THENCE S88'12'35"W FOR 156.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 90,565 SQ.FT. MORE OR LESS (2.079 ACRES MORE OR LESS).
This Instrument Prepared by:
Ellen Rose,Esquire
Katz Barton
901 Ponce de Leon Boulevard
10"Floor
Coral Gables,Florida 33134
Re: Property at: 20690 NW 27 AVE, 20688 NW 27 AVE, & 20612 NW 27 AVE Miami Gardens, FL
33056-0000
Folios: 34-1133-003-0110&34-1133-003-0130
RELEASE OF UNITY OF TITLE
This Release of Unity of Title(this"Release") is made on this day of ,
2019,by and between the City of Miami Gardens, a political subdivision of the State of Florida("City")
and RUDG—THE COMMONS RETAIL,LLC,a Florida limited liability company("Developer"),as
follows:
RECITALS
WHEREAS, the City required that Developer execute and record that certain Unity of Title
recorded in Official Records Book 30397 at Page 4160 of the Public Records of Miami-Dade County,
Florida(the"Unity of Title"); and
WHEREAS,the Unity of Title operated to restrict the sale,transfer,devise,or assignment of that
the real property identified on Exhibit "A", which is attached hereto and by this reference incorporated
herein(the"Real Property"); and
WHEREAS,the Developer is not developing the Real Property as one Parcel as contemplated in
the Unity of Title;and
WHEREAS, a portion of the Real Property is being conveyed to Jessie Trice Community Health
System, Inc.,a Florida not-for-profit corporation("Trice"),and the City has approved such transfer;and
WHEREAS, the portion of the Real Property being conveyed to Trice is identified on Exhibit
"B",which is attached hereto and by this reference incorporated herein(the"Trice Property"); and
WHEREAS,Developer and Trice will be developing the Real Property and the Trice Property
separately and not as one unified plot and parcel of land as contemplated in the Unity of Title; and
WHEREAS,the Unity of Title states that it may be released in writing by the Director of the City
of Miami Gardens Zoning Administrator;and
WHEREAS,the Developer and City mutually desire to execute this Release for the purposes stated
herein;
NOW THEREFORE,the Developer and the City hereby agree as follows:
1. The foregoing Recitals are true and correct and are incorporated herein by this reference.
2. The Unity of Title is hereby released and shall heretofore be considered null, void and of
no effect on the Real Property or the Trice Parcel.
3. This Release shall be recorded in the public records of Miami-Dade County,Florida and it
is intended that any third party title company or attorney insuring or conducting the closing of conveyance
of the Real Property or the Trice Parcel may rely on this Release for the purposes as stated herein.
4. This Release may be executed in counterparts and when combined together shall be
considered one fully executed and integrated document.
CITY OF MIAMI GARDENS,FLORIDA
Attest:
By:
City Clerk Printed Name:
Zoning Administrator
Approved as to form and legal sufficiency Date: , 2019
City Attorney
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of ,
2019 by , as Zoning Administrator of the City of Miami Gardens,
Florida, by and on behalf of said City. He/She is personally known to me or has produced
as identification.
NOTARY PUBLIC—STATE OF FLORIDA
My Commission Expires:
RUDGTHE COMMONS RETAIL,LLC,
a Florida limited liability company
By: �k
Sigeame.
e
Printed
Its:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of -J1 ,
2019 by A11Dor+o LA-% 1-a —Sr. , as they P oT RUDG-
THE COMMONS RETAIL, LLC, a Florida limited liability company(the"Company"), on behalf of the
Company. He/She is personally known to me or has produced as
identification.
NOTARY LIC-STATE OF FLORIDA
My Commission Expires: VERONICA NARANJO
B� Notary Public-State of Florida
Commission a GG 288583
Commission Expires
72s
EXHIBIT"A"
THE REAL PROPERTY
A portion of'rract 34 and 35.EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION,of Section 33,Township 51 South,Range 41 Fast,according to the
Plat thereof as recorded in Plat Book 2,Page 75,of the Public Records of
Miami-bade County,Florida,being more particularly described as follows:
Comntence at the East%corner of said Section 33; thence based on an assumed
meridian run S89"39'08"W along the North line of the Southeast y of said Section 33
and the North line of said 1 race 33 for to distance of 175.00 feet;thence run
800°00'08"W for a distance of 388.68 feet to the Point of Beginning,said point being
the southeast corner of Tract"A",271h AVIiNUL RACETRAC,according to the Plat
thereof as recorded in Plat Ronk 160,Page 34,of the Public Records of Miami-Dade
County,Florida; thence S89°36'53"W for 269.70 feet;thence South for 67.78 feet.
thence N89°5924"W for 180.39 feet,thence S00°00'36"W for 511.84 feel;thence
S86°03'30"E for 451,22 feet;thence N00°00'08"E for 612.42 feet to tate Point of
Beginning.Containing 255,883 sq.A.more or less(5.87 acres more or leis).
EXHIBIT "B"
THE TRICE PROPERTY
"JESSIE TRICE"
A PORTION OF TRACTS 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING
THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160 AT PAGE 34, BOTH OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN S87'49'27'W ALONG THE
NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33 BEING
COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33 FOR A DISTANCE OF 625.01 FEET;
THENCE RUN S01'47'25"E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS
SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 455.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE S01'47'25"E FOR 511.81 FEET; THENCE S87'51'24"E, ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS SHOWN ON SOUTH
FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK CANAL (C-9)
AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
FOR 177.27 FEET; THENCE NOt'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 459.10 FEET TO A POINT
OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF
REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 45.00 FEET AND A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHWESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET
TO A POINT OF TANGENCY; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE
EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 24.77
FEET; THENCE S88'12'35"W FOR 156.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 90,565 SQ.FT. MORE OR LESS (2.079 ACRES MORE OR LESS).
PREPARL:D 13Y AND RETURN TO:
lalcn Rose
Katz Barron Squitero Faust
2699 South Bayshore Drive 7'" Floor
Miami, Fl 33133
AMI-NDMENT TO AMENDEID DEVELOPER'S AGREI:ME'N7 FOR "TI 111 COMMONS';
AN NSP3 IIOIISING PROJECTAND A COMMERCIAL PROJECT
WHEREAS, The City of Miami Gardens, A Municipal Corporation and RUDG-THE
COMMONS, I,I,C, a Florida limited liability company, entered into that certain document
entitled "AMENDMENT TO AMENDED DEVELOPER'S AGREEMENT FOR "THE
COMMONS"; AN NSP3 HOUSING PROJECT AND A COMMERCIAL. PROJECT" (the
"Amended Agreement") which was recorded in O.R. Book 28821 at Page 3429 of the Public
Records of Miami-Dade County, Florida;and
WHFRFAS, the Commercial Project is currently owned by RUDG-TIIE COMMONS
RF:I'AIL, LLC, a Florida limited liability company ("RUDG");and
WHEREAS, RUDG intends to transfer part of the Commercial Project to Jessie 'Price
Community health Center, Inc. ("Trice"), such portion being described on Exhibit "A" hereto
and being referred to herein as the Trice Parcel;and
WHEREAS, RUDG will own the balance of the Commercial Prgject after such transfer,
such balance being described on Exhibit"B"hereto(the"RUDG Parcel");and
WHEREAS, as a result of the transfer to Trice, certain amendments to the Amended
Agreement are required,all as are more particularly set forth herein;
NOW, THI?REFORI;, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged. it is agreed as
follows:
1. The foregoing recitations are true and correct and are incorporated herein by reference.
2. The definition of Commercial Project in the Amended Agreement is hereby rewritten as
follows:
"The Commercial Project" means the construction of commercial facilities totaling not
more than 15.190 square feet of*leasable commercial space on the Trice Parcel and not
more than 20,810 square lect of leasable commercial space on the RUDG Parcel. The
Commercial Project, as to each respective Parcel, includes associated amenities,
including parking. The timeline for development of the 'Price Parcel is set rorlh on
Page 1 ol'9
Exhibit C-1 hereto, and the timeline for development of the RUDG-The Commons Retail
Land is set forth on Exhibit C-2 hereto. References herein to leasable commercial space
shall include owner occupied space.
3. All references in the Amended Agreement to Exhibit"C"shall mean Exhibits C-1 and C-
2, attached hereto, taken together. It is understood and agreed that the owner of the
Trice Parcel can amend Exhibit C-1, and the owner of the RUDG Parcel can amend
Exhibit C-2 without the joinder of the owner of the other Parcel.
4. References in the Amended Agreement to DEVELOPER are hereby agreed to mean:
a. As to the Ilousing Project: The owner of the property described on Exhibit "D"
hereto, which owner is currently RUDG-THE COMMONS, LLC, a Florida
limited liability company.
b. As to the Trice Parcel: The owner of the property described on Exhibit "A"
hereto, which is currently RUDG-THE COMMONS RETAIL, LLC, a Florida
limited liability company and after the transfer to Trice will be Trice.
c. As to the RUDG Parcel: The owner of the property described on Exhibit `B"
hereto, which is currently RUDG-THE COMMONS RETAIL, LLC, a Florida
limited liability company.
5. The provisions of the Amended Agreement which by their nature apply only to
residential development shall not apply to the Trice Parcel or the RUDG Parcel.
6. The provisions of paragraph D 1 on page 5 of the Amended Agreement are applicable
separately to the Trice Parcel, the RUDG Parcel and the property described on Exhibit
"D", so that a refinance of the mortgage on any one of such parcels will not trigger a
payment of the amounts outstanding on the other parcels. Upon any such refinance, the
provisions of the Amended Agreement, as modified herein, shall no longer apply to the
applicable parcel.
7. The reference in Section IV A. to 36,000 square feet is hereby modified as set forth in
Section 2 above. The reference in such Section to the proposed site plan dated March 22,
2013 is hereby changed to :F*,b a 9. Ao l (o
8. In Section 1V B,22 of the 25 jobs shall be provided on the Trice Parcel and 3 on the
RUDG Parcel.
9. Defaults of the respective Developers shall affect only those Developers and only their
respective parcels,and any termination of the Amended Agreement on account of a
Developer default shall apply on to that Developer's parcel.
10. By its execution below,the City confirms its agreement to the transfer of the Trice Land
to Trice.
Page 2 of 9
i
11. Except as modified herein, all of' the terms of' the Amended Agreement are ratified,
confirmed and approved.
IN WITNESS WHITLI )P,the parties have caused their signatures to be hereunto affixed
and duly attested.
RUDE-"I III.CoMMUNS, 1.1 C.a Florida limited liability company
liy: RUDG"1•I ll:COMMONS MANAGER, H,C,
A Florida limited liability company, :Manager
Allxrto ilo. Jr., Vice Preside
Date . A _ 2017
RUDG-flll? COMMONS RF I'AII., 1,11 C, a Florida limited liability compan,
liy: R11D(i. I.I.C,a Florida limited liability company. Managing Member
• e
B}
Albert( i _ V' e Presid nt
Date . 2017
Ifhe 'ity of*Mi,i i Gardens
'C. 4i)"
City anager h
Printe Na Bcrwn
Approve sett) form
Sot., ickcns,(,ity Attorney
I'atr � ++►•q
EXIIIBIT A
TRICF, PARCEL
A POR 1TON OFTRACTS 34 ANI) 35, I;Vf:RGL.AD1S SUGAR AND LAND COMPANY'S
SUBDIVISION, OF SECTION 33, TOWNSI IIP 51 SOUTH, IZAN(ili 41 EAST,ACCORDING
T'U T'11I: PLA'I'"I'ITI;IZEOE' AS RECORDED IN PIAT BOOK 2, PAGE: 75, OF THF. PUBLIC
RECORDS OF MIAMI-DADS COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE: AT TIIE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33
ALSO BEING THE NORTHEAST CORNER OF 7 RACT 33 OF SAID EVERGLADES
SUGAR AND LAND COMPANY'S SUBDIVISION, AS SHOWN ON I_AKF,WOOD
ESTATES, ACCORDING TOTHE PLAT THEREOF, AS RECORDED IN PLATBOOK 75
AT PAGE: 84, AND ALSO SHOWN ON 27TH AVENUE, RACETRAC, ACCORDING TO
1'lil: PLATT11ER1:OF. AS RECORDED IN PLATBOOK 160 AT PAGE 34, 13OTI3 OF THE
PUBLIC RECORDS OF MIAMI-DARE COUNTY, FLORIDA; THENCE RUN S87°4927"W
ALONG TELL NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID
SECTION 33 BEING COINCIDEN'1' WI"I'II 'T1lE NORTH LINE OF SAID TRACT 33 FOR A
DISTANCE OF 625.01 FEET; THENCE; RUN S01°47'25"E, ALONG A LINE, LYING 625
FEEiT WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE; EASTLINE, OF THE
SOUTHEAST ONE:Q(iARTER (S.E. 1/4) OF SAID SECTION 33, SAID FAST LINT; ALSO
BF,ING THF, EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS SHOWN ON SAID
27TII AVENUE RACFTRAC, FOR A DISTANCE OF 455.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOI°47'25"F FOR 511.81 FEET; TIIENCE' S87°51'241E,
ALONG THF; NORTHERLY RIGHT OF WAY LINE OF SNAKE; CREEK CANAL (C-9) AS
SHOWN ON SOUTH FLORIDA WATER MANAGEMf3NT DISTRICT RIGIIT OF WAY
MAP FOR SNAKE' CREEK CANAL. (C-9) AND SNAKE CRL'EK EXTENSION CANAL,, AS
RECOIU)ED IN P.B. 124, PG. 90, Of' T111 PUBLIC RECORDS OF MIAMI-DADS
COUNTY, FLORIDA, AND ALSO RECORDEDIN MISCELLANEOUS RIGHT-OF-WAY
MAP 12, PC. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR
177.27 F1-ET; TIfENCE' N01*47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST
LINE OF THE; SOUTHEAST ONE-QUARTER(S.E. 1/4)OF SAID SECTION 33, FOR 459.10
FEET TO A POINT OF CURVATURE, OF A 5.20 FFE"I' RADIUS CIRCULAR CURVE
CONCAVE TO THE SOUTIIWI?ST, HAVING A CIINT'RAL ANGLE? OF 53°00'43";
THENCE: NORTIII:RL Y AND NORTHWESTERLY ALONG THE: ARC OF SAID
CIRCULAR C'URVI FOR AN ARC DISTANCE OF 4.81 FEETTO A POINT OF REVERSE
C11RVA"I'UR1-. OF A CIRCULAR CURVE CONCAVE TO THE, NORTIIEAST, HAVING A
RADIUS OI' 45.00 FEFT AND A CF,NTRAI, ANGLE OF 53'00'43''; THENCE
NOR"1 HWESTERLY AND NORT]IERLY ALONG TH1: ARC OF SAID CIRCULAR CURVE
FOR AN ARC DISTANCE OF 41.64 FEET TO A POIN'I' OF TANGENCY; THENCE
N01047'25"W, ALONG A LINE: BEING PARALLEL TO THE: EAST LINE OF THE
SOUTHEAST ONE:-QUARTER (S.I_'. 114) OF SAID SECTION 33, FOR 24.77 FEET';
TI II?NCE: S88°12'35"W I'OR 156.85 FEET TO THE POINT OF BEGINNING. ✓
Page 4 ul'9
EXHIBIT K
RUDG PARCEL
THE FOLLOWING DESCRIBED PARCEL:
A PORTION OF'TRACT 34 AND 35,EVHZGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, OF SF;CTION 33, TOWNSIIIP 51 SOU I1, RANGE' 41 EAST, ACCORDING
1'O"1711. PI,AT'ft1F.REOF AS RECORDED IN PLATBOOK 2, PAGE 75,OF'1-1117 PUBLIC
RECORDS OF MIAMI-DAD1;COUNTY, FLORIDA, BITING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONl?-QUARTER(1s. 1/4)CORNER OF SAID SECTION 33
ALSO BEING 7111:NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES
SUGAR AND LAND COMPANY'S SUBDIVISION, AS SHOWN ON LAKEWOOD
ESTATES,ACCORDING'1'0 THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 75
A'I PAGE;84, AND AI.SO SHOWN ON 2.7111 AVENUE RACETRAC, ACCORDING;TO
7'I IF PLAT THEREOF, AS RECORDED IN PLAT BOOK 160 AT PAGE 34,1301-11 OF THE
Pi1131,1C R13CORDS OF MIAMI-DADS COi;NTY,FLORIDA; "I'H1;NCE S87°49'27"W
ALONG THE NORTH LINE OF THE SOUTHCAST ONE;-QUARTER(S.F. 1/4) OF SAID
SECTION 33 AND'THE NORTH LINE OF SAID'TRACT 33, FOR A DISTANCE,OF 175.00
FEET;THENCE SOI°4725"E, ALONG A LINE LYING 175.00 FFFT WEST OF,AS
MEASURED AT RIGHTANGLES ANGLES 70,THE FAST LINE OF THE, SOUTHFAST ONE-
QUARTPR(S.E. 1/4)Ul�SAID SECTION 33, SAID FAST LINE;ALSO BEING THE EAST
BOUNDARY OF TRACTS 33 AND 34,AS SHOWN ON SAID 27TH AVENUL RACETRAC,
FOR A DISTANCE;OF 389.88 FFF I.TO THE;POINT OF BEGINNING.;, SAID POINT BEING
TI II SOUTHEAST CORNER OF TRACT"A" OF SAID 27TH AVENUE RACETRAC;
THENCE S87049'27"W, ALONG THI;SOUTH LINE OF SAID"TRACT"A",27TIl AVENUE-'
RACETRAC AND TI'S WESTERLY PROJECTION(SAID SOI,'"I'll LINT;LYING 388.87
FEET SOUTH OF, AS MEASURED ATRIGHT TT ANGLES TO. THE NORTH LINE,OF SAID
SOU I'll ASI'ONE;QI JARTER (S.F. 1/4)OF SAID SF,CTION 33),FOR 269.66 FEET;
THENCE SO]047'25"E FOR 67.84 FEl?T;'I'I11?N('I:S88°12'35"W FOR 180.35 FEET;
THENCE' S01047'251 , ALONG A I,INE LYING 625 FEET WEST OF,AS MEASURED AT
RIGHT ANGLLS TO, TI IE EAST LINE OF THE SOU'T'HEAST ONE-QUARTER ME. 1/4)
OF SAID SECLION 33,FOR 511.81 I'Ll:'I;'l'HENC13 S87°51'24"f , ALONG '1'I IF
NCIRTIIE.RLY RIGIFI OF WAY I,INP OF SNAKE CREEK CANAI,(C-9)AS SHOWN ON
SOI;'}'Il FLORIDA WATER MANA(iE?MEN'I' DIS'I'RIC'I' RI(ill'I' OF WAY MAP FOR
SNAKE CREEK CANAI,(C-9)AND SNAKE CREEK EXTENSION CANAI.,AS
RECORDED IN 11.13. 124, P(;. 90,OF TI-IF PUBLIC RECORDS OF MIAMI-DADF
COUNTY, FLORIDA, AND ALSO RL•CORDED IN MISCELLANEOUS RIGHT-OF-WAY
MAP 12, PG. 28,OF"TIIF PIJBI,IC RECORDS OF BROWARD COUNTY, FLORIDA,FOR
451.06 FET T; THENCE NO1°47'25"W, ALONG A LINE: I..YING 175.00 PH, I'WEST OF, AS
MEASURED A7' RIGF1'(' ANGI.ES'1'U,'1'HE EAST LINE.OI; THE,SOU 1 IIEAST ONI -
QUARTE'R(S.F. 1/4)OF SAID SECTION 33, SAID HNEs ALSO BF-1-NG COINCIDENT
WTI'}} LINF OF N.W.27TH AVENVI', AS SHOWN ONT111-.
STA I'I OF FLORIDA RIGHTOF \VAY MAP FOR S'TATF ROAD 917, SFC TION 87660-
Page 5 of 9
_'1�UrR7Ul��-?SIlll. ill �'Itil.l) U� r►I I'�7�. ir►k ��l` •11 II I I Iri IIII I'� �I� I � �I
I11-.61NNIM i
LLSS AND EXCL.1 •I 't lit: PARCH. DESCRIBED ON IA111131 I ".A" 111:RI�:'t'O
EXIIIRI7'C-1
s(mr,,DUI.E,TRICE. PARCEL
PROJECT SCHEDULE
Scopc of Work Estimated Date
Site Plan Approval Completed
Working Drawings Completed
Permit Approval 09/2017
Construction Lids 09/2017
Selection of General Contractor 09/2017
Building Permits Issued 09/2017
Start of Construction 10/2017
Construction Completion i,40% 2/2018
Construction Complction iii 80% 08/2018
Construction Completion - C.O. 10/2018
I',itr i ul 'D
I;X11113I"1 (;-2
BUDGET AND SC;IIEDULL, RUDG TIlle;COMMONS RETAIL LAND
PR0.1ECT SCFIE1)ULE
Scope of Work Fstimated Date
Developer's Agreement Approval 7/2017
Engage Broker-Leasing& Marketing 7/2017
Identify Retail Tenant 1/2018
Commence Site Design 2/2018
Site Plan Approval Submission 3/2018
Plans& Specs Completion 5/2018
Permits Submission 6/2018
Permits Approved 7/2018
Start of Construction 8/2018
Construction Completion(a!' 50% 12/2018
Construction Completion (i%75% 3/2019
Construction Completion -C.O. 6/2019
11-age 8 of 9
EXHIBIT 1)
Rl;l)(: '171F. ('OMMONS LAND
A portion of 'I racts 33 and 34, EVE'R(;I.Ai)I'S SUGAR. ANI) LAND ('(WANY'S
Sl jlIDlViSiON,of Scction 33, 'Township 51 South. Range 41 East, according to the flat therein;
as recorded in Plat Book 2 Page 75 of the Public Records on'Miami-Dade County, Florida, being
more particularly described as follows:
Commence at the Fast '/4 corner of said Section 33; thence based on an assumed meridian run
S87°49'27' W along the North line of said 'Tract 22 for a distance of 405.00 feet; thence run
S01°47'25"I-. fir a distance of'41.27 feet to the Point of Beginning and a point on the South
Right-of-Way line of N.W. 207'x' Street as recorded in O.R. Book 17813 at Page 4115. and O.R.
Book 15868 Page 2851, Miami-Dade County records. said point lying the northwest corner of
Tract "A". 27... AVENUE' RA('I?TRAL, according to the Plat thereof as recorded in flat Book
160 Page 34, of the Public Records of Miami-Dade County, Florida, said point also being on the
arc of a curve concave to the South (a radial line through said point bears S06'3 1'24"W) having
a radius of 545.(10 feet and a central angle of 15"07'06''; thence Westerly along the arc of said
curved, also being the South Right-of-Way line of I .W. 2071' Street, a distant of 82.17 feet;
thence run S89"37'40"W for 138.07 feet; thence SOO"00'36"W for 420.51 feet; thence
S89"59'24"E for 180.39 feet; thence forth for 67,77 feet; thence N89°36'44"1; fir 39.66 feet,
said point also being the southwest comer of said Tract "A'; thence NOO"00'08"W for 347.67
feet to the Point of Beginning, also being a point on (lie South Right-of-Way line of N.W. 207`h
Street.
EXHIBIT C-1
SCHEDULE, TRICE PARCEL
dwy ID Act"Name Finish Original Total bat 2019 2020 2021 2022
Duration IMIA MI 11,11AISJOIN101,11FIMIAIMIJ1,11AISJOIN101 J F M AIM[J JI AISJOINIDI J F M A M J
Jessie Trice Community Health Center-Baseline Schedule
General Requirements 1&I 28-Feb-19 27-Sep-20 578 0
GC-100 Award Date(Feb-2&19) 28-Feb-19 0 0 11 Award Dale(Faa261f1)'.
GC-115 Permit 28-Feb-19 12411-19 96 0� Permi -
GC-110 NTP-1 Water Line and Mist.Ssework(Od-1-19) 01-Oct-19 0 0 •NTP-1 Water Line and Mrst:.8MIr (061=1"
GC-112 NTP-2-Start of Building C-sarudpn(D-23-19) 23-Doo19' 0 0 ♦NTP-2-Stan of Bui9rlp Construction(Dec-23-19)
GC-140 NTP Duration Ihru Substantial Completion 01.Od-19 27 Sep-20 363 0 NTP Duration thm Substantial Completion
', .�30... 22-Sep-20 1E6 0
MS-120 Seework(CM,Site Concrete) 31-Jan-20 0 166 ♦Sitework(CM.Site ConcrNe)
MS-140 Water Meter Installation 11-Mar-20 0 96 ♦Water Meter Installation
MSI DO Building Dry-In(Shell,Roof Deck.Exteror Doors 8 Windows) 13-Apr-20 0 35 •Building Dry4n(Sh*Flod Cock,Edenor Doors i Windows)
MIS.130 FPL Permanent Power 01-May-20 0JO
♦FPL Permanent Power
MS-110 Interior Fit-Out 22-Sep-20 0 ♦Interior Fs-OtSubmittals 0i-0619w wx 157
Construction 01:11110, 2asap-2o 3511U[IIIIIBS 01-01:1-19 1I-r.lav-2^ 21a
e
Gan
CPHI-100 MotAntlon-General Contractor 01-Oct-19 03-Od-19 3 50 1 Mobkaton-General Comtrador
GC PHI-1D5 Clear 8 grub 04-Oct 19 10 Oct 19 5 218 1 Clear B grub
GCPH1-110 Irntal Temporary Falce 07-OC-19 10-Oct-19 4 148 1 Inial Temporary Fence
GC PHI-120 Temporary Water 8 Power 08-0d-19 11-Od-19 4 50 1 Temporary Water 8 Power
Existing Water Line IMI
SWD-108 Prepare Submittal Shop Drawings 01-0ct-19 07-Od-19 7 0 1 Prepare Submittal Shop Drawrgs
SW D-109 A'E Review Submit-Water Line Shop Drawings to WASD 08-Oct-19 21-Oct-19 14 0 8 ArE Review Subrrvl-Water Line Shap Drawings to WASID
SWO-110 WASD Approval of Shop Drawings 22-00-19 11-Nov-19 21 0 9 WASOApprovalof Shop Drawings
SWD-115 Instalatbn new 72'Water Line 12-Nov-19 25-Nov-I9 14 0 0 Installation new 12'W afar L'me -
SW O-118 Daconned 8 Damo Existing 8-Line 26-Nov-19 09-Deio19 14 0 ■ Disconned d Demo EAstirg 8'line
SWO-119 WASD Final Approval 10-Dec-19 23-D-19 14 0 ■ WASD Final Approval _
SWO-125 Corn—Underground Wit-EMavaton(Sae Wide) 24-Dec-19 15-Jan-20 15 96 O Commence Underground Unties Excavation(Site Wide)
SWD-130 Remove Main Sewer Underground Line&(See Wide) 16-Jan20 OS Feb-20 15 96 O Remove Main Sewer Underground Lines-(Site Woe)
SWD-141 Instal U'G Sanitary Water 8 Power Lines 06-Feb-20 04 Mar2020 96 O Instal UIG Sanitary,Water 8 Power Lines
SWD-145 Sanitary B Water 11,1.Bldg OS-Mar-20 11-Mar-20 5 96 0 Sanitary d Water Ttalnsto Bldg
FA 100 Grading 8 Cohn m @ Parking Lot 24-Dg19 31-Doo-19 5 166 0 Grading a Compaction Cd Parking Lot
---FMteO Instal Aphalt-Base Cour se 09-Jan20 17-.Mf20 7 166 0 InstalASphall-Base Coca
FA 1710 Instal Asphalt Top Course 20-Jar-20 23-Jen20 4 166 1 Instal Asphgt Top Course
--1M 190 Strpirg and Signs 24-Jan-20 29-Jart-20 4 166 1 Stnpng and Signs
PA 200 Instal Wheel Stops 24-Jan-20 29-Jan-20 4 166 1 Instal WlNola"
PA 210 Clean 8 Comdata Parking 30-Jan-20 31-Jen-20 2 166 1 Clean 8 Cpgllla MaiMIIQ
Thansfordner
a t
UU 100 FPL Coordination for new Transformer 23-Dec-19 13Mer-20 58 79 O FPL tilr lMw Translormer
UU 150 Main Electrical Supply Line 16-Mar-20 1 O-Apr-20 20 79 O Main ests al Supply Late
UU 180 FPL to Supply B Instal new Transformer 13-Apr-20 01-May-20 15 79 01 Frl'10 6uppfy&Intal new Trartafomn a
Bullding 23-Dec-10 22-Seo-20 275 0 DFoundation and Shell 23- ec-
,. ............ ........ ..:..:.
FG 110 Survey 8 Layout 23-D-19 24-D-19 2 0 1 Survey i Layout
FO 120 Instal Batley Boards for foundation 26-D-19 27-D-19 2 lt1 Instal Bauer Boards for foundation
FG 130 Excavate Foundaldrts 30-D-19 O8-Jen-20 7 0 11 Exgvate Foundations
FG 140 Foundation Compaction 09-Jen20 10-Jam-20 2 0 1 Foundation Compa tit,
Remaadlg Level of Effort ♦ ♦Milestone �N,['''
Actual Level of Effort Jessie Trice Community Health Center-Baseline Schedule .�j.. Q. SWPHE NSON
laiiiiiiiiii Actual Work D.Stephenson-Baseline Schedule /�G�7
O Remaini Work Construction Inc.
� Page 1 of 4 06M1a1D
O Critical Remaining Work Data Dale 28-Feb-19
Ativrty IC emitStart Finildh Totalbat 2019 2020 2021 2022
Duralnn M A M J J A S O N D J F M A M J J A SON D J F M A M J J AlS O N D J F M A M J
FG 150 Place Rebar Foundations 13-Jan20 tEJen-20 4 0 1 Place Rebar Foundations
FG 180 Inspect Concrete Foundations 17-Jen-20 17-Jan-20 1 0 1 Inspect Concrete Foundations
FG 170 Pour Concrete Foundations 20-Jan-20 20-Jan-20 1 0 1.Pour Concrete Foundations
FG 260 Buil CMU Slam Wall 21-Jan20 27-Jer1-20 5 0 1 Buillill CMU Stem Wells
FG 270 Grout CMU Stem Wals 28-Jan-20 29-Jan-20 2 0 1 Grout CMU Stem Walls
FG 310 Beckli&Grade at Stem Waft 30Jan-20 04-Fab-20 4 0 1 Badcf l&Grade at Stem Waft
FG 180 Underground Plumbing 05-Feb-20 11-Feb-20 5 0 1 Underground Plumbing
FG 790 Underground Electrical 05-Ft,20 11-Feb-20 5 0 1 Underground Electrical
FG 200 Final Grade&Compact Building Pad 12-Feb20 18-Feb-20 5 0 1 Final Grade&Compact Building Pad
FG 210 Sol Tre amens 19-Feb-20 19-Fab-20 1 0 1 Sol Trealnent
FG 280 Reinforce CMU Cells 10-F b.20 19-Fab-20 8 3 B Reinforce CMU Call
FG 220 Place Vsqueen Vapor Barrer 20-Feb20 21-Feb-20 2 0 1 Place VsqueenVapor Barrier ...'......:..:..:..:...
FG 285 Instal CMU Wats to Tie Beams 05-Feb-20 28-Feb-20 15 0 0 Instal CMU Wals to Te Beams
FG 290 Inspect CMU Weis 24-Feb-20 26-Feb-20 3 1 1 Inspect CMU Walls
FG 300 Grout CMU Weis 24-FW20 27-Feb-20 4 1 1 Grout CMU Weis
FG 230 Form&Rebar Slab On Grade 24-Feb-20 28-FW20 5 0 1 Form&Rebar Slab On Grade
FG 240 Inspect Slab on Grade 28.Feb20 2&Feb-20 1 0 1 Inspect Slab on Grade
FG 295 Instal Steel Embeds 2&Feb-20 02-Mer-20 4 4 1 Instal Steel Embeds
FG 250 Pour Slab on Grade 02-Mar-20 03-Mar-20 2 0 1 Pour Slab on Grade
FG 305 Form,Rebar&Pour Te Bean 28-Feb-20 05-Mar-20 5 1 0 Form.Rebar&Pour Te Bean
FG 320 Irntal Steel Columns 04-Mar-20 06-Mar-20 3 0 1 Instal Steel Columns
RO 130 Shore&Sat Steal Joists-Roof 09-Mar-20 t 2-Mer-20 4 0 1 Stare&Set Steel Joists-Roof
•RO 169 Tv Beams to Parapet Wals 26-Feb-20 03-Mar-20 7 0 1 Te Beams to Parapet Wals
RO 170 Build Parapet CMU Walls 04-Mar-20 0&Mar-20 3 0 1 Build Parapet CMU Wei
RO 120 Instal Parapet Rebar-Roof 09-Mar-20 11-Mer-20 3 0 1 Instal Parapet Reber-Roof -
RO 150 Inspect Parapet Rebar-Roof 12-Mar-20 12-Mar-20 t 0 I Inypeq Parapet Rebar-Root
RO 135 Instal Deck.Rebar&Pour-Roof 13-Mar-20 26-Mar-20 10 0 0 Instal Deck.Rebar&Pour-Roof
RO 140 Instal Steel Equipment Supports-Roof 27-Mar-20 31-Mar-20 3 70 1 Instal Steel Equipment Supports-Roo/
RO 160 Rigid Insulation-Root 27-Mar-20 01-Apr-20 4 69 0 Rgd Insulation-Rool
RO 190 New Scgle-PN Roofing 02-Apr-20 15-Apr-20 10 69 ❑ New Siogle-Ply Roofing
RO 180 Instal Walkway Pads-Root 16-Apr-20 17-Apr-20 2 76 I Instal Walkway Peds-Roof
RO 200 S.S.Parapet Coping-Root 1&Apr-20 21-Apr-20 4 74 0 S.S.Parapet Coping-Root
RO 270 Instal Exhaust Roof Farts-Roof 1&Apr-20 22-API-20 5 91 0 Instal Exhaust Roof Feng-Root
80210 Instal Ai Handling Units-Roof 1&Apr-20 23-Apr-20 6 69 0 Instal Ar Haring LMb-Rool
RO 230 Instal Lightning Protection-Roof 24-Apr-20 28-Apr-20 3 69 1 Instal Lightning F11e100b-Roof
80240 Condensate Lines-Roof 24-Apr-20 30- ...:.
Apr-20 5 75 0 Condensate Lice-Root
RO 220 New Drip Edge Flashing-Rod 29-Apr-20 01-Mey-20 3 69 I New Drip Edge Flaahnq-Root
RO 250 Instal Refrigerant Lines-Roof 04-May-20 08-Mey-20 5 69 1 Instal Refrigerant Lines-Roof
80260 Electrical Corrections to AFILI s-Roof 11-May-20 22-May-20 10 69 0 Electrical Connectbnsto AHJ's-Roos
1
IN 110 Layout Framing 27-Mer-20 02-Apr-20 5 0 0 Layout Framing
IN 120 Instal Metal Framing 30-Mar-20 10-Apr-20 10 0 0 Instal Metal Framing _
IN 140 Instal Door Frames 13-Apr-20 24-Apr-20 10 21 ❑ Iristal Door Frames
IN 130 Meeh.above Gang Rough 13-Apr-20 01-May.20 15 n ❑ Mach.above Call Rough
IN 150 Electrical&Mechanical Rough-in Work in Mech Room 13-Apr-20 01-May-20 15 22 ❑ EJectrcal&Mechanical Rough-in Work 7A MGM Amili1
IN 155 Ekxtrbel Rough 13-Apr-20 01-May-20 15 21 ❑ Electrical Rough
IN 210 Duct Insulation 04-May-20 13-May-20 8 50 0 Duct Insulation
IN 220 Fire Sprnkkrs Rough 04-May-20 15-May-20 10 41 :Fdo s Rough
Remaining Level of Effort ♦ ♦Milaslorle
Actual Level of Effort Jessie Trice Community Health Center-Baseline Schedule De STEPHENSON
Actual Work D.Stephenson-Baseline Schedule
D Remaining Work Pa [e n e t r u e t l o n, I n C. 1
9e 2 of 4 t
Critical Remanng Work Data Date 28-Feb-19
IName Finish Total Float 2019 2021 2022
Duratnn M I AlMI J I J I AlS OND J F M AM J J I AlS1 O 1 N I DI J I Fj Mj AlMI J I J I AlS1 O 1 N I D I J I F I M I AlMI J
IN 230 Fire Sprinklers Pressure 18-May-20 10-May-20 1 a 1 Fire Sprinklers Pressure
IN 240 'Inclopl above Calling Rough-In 04-May-20 22-May-20 15 6 ■ 9ectrical above Ceiling Rough-M
IN 160 Plumbing Rough 04-May-20 22-1 15 0 S'.Pilmbng Rough
IN 170 Framing necYgn sp25-May-20 2 1 0 1;Framing Inspection
IN 200 Spray Flre Proofin26-1g 26-Wy-20 2 1 15 C Spray Fire ProofingIN 190 Wal Insulelion 26-May-20 01-Jun-20 5 0 Wal Insulation
IN 275 Instal Electrical Panel 25-May-20 06-Jun-20 10 7 13 Instal Electrical Paneboaro
i IN 270 Low Voltage Rbugn-In 02-Juni 15 J".20 10 42 0 Low Votape Rfugh-In
IN 250 Fire Aline/Data/RV Rough-In 02-J-20 22-Jun-20 15 37 ❑ F`eAMtirt/�Dsn,/ITVRoughln
IN 280 Harp Dry" 02-k -20 154m-20 10 0 ! Hang Drywd
IN 290 Spew Inspi 16JurH2O 16Jrm-20 1 0 I Screw IropeCtlarts
IN 300 Tape 8 Finish Drywall 17-,1 n20 07-JuF20 15 0 ❑ Tape 8 Finish D(ywli
IN 360 Harp Interior Doors 8 130.1d Doors 08-J[#20 14 Oul-20 5 14 0 Hang Interior DOM 90"DbM
IN 320 Prime Part WJ*20 1611u6-20 7 9 0 Prime Pant
IN 420 Instal Mawork 08-Jul-20 21-Jul-20 10 2 ❑ Instal M*—k
.:.. .:..:..:..:..... .. ..:.
IN 400 Instal Ceramic Tp DB-Juk20 231,420 12 0 ❑ Instal Ceramic Tr
IN 215 Instal Mini Split A!C Condensing Unit 17-Ak20 23-JuF20 5 25 0 Iratal Minn Spit A/C Consenting Unit:
IN 310 A/C Start-Up 24-A*20 24-1,420 1 25 1 A/C Stan-Up
IN 440 Instal Sinks-Warming Kitchen 22-AA-20 244,420 3 34 1 Iratal Sinks-Warning IQdlalr
IN 175 InstalAmulMl Grb 17-JLk2O 27.JAk20 7 19 D InstalAmugoal Gird
..'... ...........:........:..:..:..:.
IN 490 Instal VCT Fiber 8 Base 22-1,420 304L20 7 22 B Instal VCT Floor a Base
t IN 340 Instal A/C Drops 6 Dlluser 28-Ju420 03-Aug-20 5 19 1 lintel A/C Bops a Dlluser
IN 410 Group Retrooms-Bathroom accessories,toilets pandinns 24-Jul-20 03-Aug-20 7 0 6 Group Retmnma-Bathroom ac essones.insets panati nits
IN 350 Ceiing Inspection 04-Ag20 04-Ag20 1 19 1 Ceing Inspection
IN 380 Instal Ceiing Tie 05-Aug-20 ll-Aug-20 5 19 1 Instal Call Tie
M 430 Instal Finish Door Hardware 04-Au¢20 12-Aug-20 7 0 1 Instal Fns,Door Hardware
IN 370 Instal Light Fixtures 05-Asg-20 25-Aug-20 15 19 ❑ Instal Light Figures
s
IN 390 Fire AbR
rm!Data/ V D—.s ATo- 12-Ag-20 MAg20 7 19 0 Fxe Abmx Data/ITVDevi®se Trin
I IN 460 Finish Painting 04-Aug-20 24-Aug-20 15 0 C Fines Painting
IN 510 Instal Signage 25-Ag20 26-Ag-20 2 15 1 Instal Signage
IN 550 Intal Kitchen Appiances 25-Ag-20 26-Aug-20 2 11 I Instal KBGren Applargas
IN 180 Intal Edtaust Fans 25-Aug-20 27-Aug-20 3 14 I Instal Fxhaut Fans
IN 450 Plumbing Tam 8 Acrassones 27-hug-20 01-Sep-20 4 11 0 Plumbing Tin 8 Accessories
IN 500 Intal Wall Covering 25-Ag20 08-Sep-20 10 5 ❑ Intalwaliew Nig
IN 520 Intal Widow Team rats 09-Sep-20 10-SOP-20 2 5 1Intal Widow TnOns"'
IN 470 Electrical Trim 8 Devims 25-Aug-20 15-SOP-20 15 0 ❑ Electrical Trim 8 Devices
IN 480 Intal Specialles 14Sep20 17-Sep20 4 0 1 Intal Spedeeias
IN 530 Final Clearing 18-Sep-20 22-Sep-20 3 0 1 Final Cleaning
IN 540 Complete New Bldg. 22-Sep-20 0 0 ♦Complete New Bog.
Exterior 04-Mar-20 11-Jun-20 72 75
EX 130 Intal Exterior Doors 8 Frames 27-Mar-20 02-Apr-20 5 42 0 Intal Exterbo DomOi,Frames
EX 120 Intal Impact Widows 27-Mar-20 09-Apr-20 10 37 ❑ Intal Impact WYltllwt
IN 260 Intal Storefront 27-Mar-20 13-Ap-20 12 35 ❑ Intal Storefront
EX 125 Intal Exterior Stucco 1P '......'......'...',.........................:..............:.
Apr-20 30-API-20 15 72 ❑ Intal Emanon SNom
EX 140 Rime Exterior Peit 01-May-20 14Mey-20 10 72 ❑ Prime Exterior Pain
EX 150 Finish Exterior Pant 1 SMaY-20 28-May-20 10 72 O Finish Exterior PeM
EX 135 Intal AUmnum Sursrede Canopy 29-May-20 MA-20 8 72 O Instal Abmnum Sunshade Canopy
Remanig Level of Effort ♦ ♦Milestone �//�+
r_ Actual Level of Effort Jessie Trice Community Health Center-Baseline Schedule i l_ D. STEPHENSON
Actual Work D.Stephenson-Baseline Schedule /7V—J`_7
Remaining Work Page 3 of 4 [o n o t n u c t l o n Inc. 06-A110-19
Cube l Remanig Work Data Dale 28-Feb-19
ApvrtyName Start Finish Original 2019 2020 2021 2022
Duration M A M J J A S O N D J F M AlM J J AlS O N D J F M AlM J J AlS O N D J F II.TAI M J
SW 230 Clean Exterior 10-J-20 11 Jun-20 2 72 1 Chan Exterior
GR-100 Foundation 04-Mar-20 09-Mar-20 4 103 1 Foundation
GR-110 Instal Slab 10-Mar-20 11-Mar-20 2 103 I Instal Slab
GR-130 Instal Genenu.,(Wixg,etc) 12-Mar-20 22-Ayr-20 30 103 O Instal Generator(Wirog,etc)
k GR-160 Inspection/Test/Start-Up 23-Apr-20 29Apr-20 5 103 1 I sperlan/Tasl/Slan
r n -Up
r DE-100 Foundation 10-Mar-20 13-Mar-20 4 128 p 1 Foundation
DE-105 Farm Slab 8 Instal Slab Instal BoWrds16-Mar-20 17-Mar-20 2 126 1 Form Slab 1 Instal Slab Instal Bollards
DE-160 Pour Slab 18-Mar-20 18-Mar-20 1 126 I Pour Slab
DE-110 Instal CMU Wall 19-Mar-20 23-Mar-20 3 126 1 Instal CMU Wall
DE-120 Stucco 07-May-20 05 May-20 3 % Stump
DE-130 Paint 29May-20 01-Jun-20 2 81 1 Pam
DE-140 Instal Gates Gates at Dumpster Enclosure 024un-20 02-.kin-20 1 81 : q I Instal Galla Galasal Du pater&ldoaae
DE-150 Clean 03-Ain-20 03-Jun-20 t 81 1 Cbm
SW 125 Deng Exlabp Curbs.SNewilks B Walkways 05-Mar-20 11-Mar-20 5 1251 1 DemilWp Curbs.Sdewlkf a Wilcweys
SW 140 Race Pavement Ram&Rime and Instal Curbs a Gutters 12-Mar-20 17-Mar-20 4 125 1 Place Pavement Based Prime and Instal Curbs a Gutters
SW 150 Place Sidewalks&Walkways 12-Mar-20 17-Mar-20 4 125 1 Place Scderalcs a Walkways
SW 155 Instal Site Lighting 12-Mar-20 17-Mar-20 4 125 : 1 Instal Site Lighting
SW 180 She Irrigation 12-Mar-20 20-Mar-20 7 125 : 0 Site Irrgalan
SW 160 Instal Bike Racks 18-Mar-20 20-Mar-20 3 132 1 Instal Bike Racks
SW 210 Plats Trees 8 Rants 23-Mar-20 31 Mar-20 7 125 0 Plant Tmes 8 Rants
SW 200 Instal Fence and Gates 01-Pyr-20 02-Pyr-20 2 125 I Instal Fence and Gates
SW 220 Lay Sod 01-Apr-20 02-Apr-20 2 125 .. 1 Lay Sod
Test a
Certifications 04-Auq-20 17-Seo-20 32 3
TC-A-110 Test&Balance HVAC System 04-Aug-20 10-Aug-20 5 30 0 Test&Balance HVAC System
TC-A-120 Test&Cechy Electrical System 21-Aug-20 24-Aug-20 2 20 1 1 Test&Certify Electrical System
TC-A-110 Test 8 Canty Fine Alarm 21-Aug-20 24-Aug-20 2 20 1 Test&Certify Fire Alarm
TC-A-150 Test&Certify Data RV Bldg 21-Aug-20 24-Aug-20 2 20 1 Test&CMity Data ITV Bldg
TC-A-130 Test&Certify lntermm 16- 20 17- - - -----'- ---
Sep- Sep-20 2 3 1 '• 1 Test&Certify Imercom
23•Sep•40--'—.�'. -
PIOreCI CiwlBgll .
PC-130 Substantial Competion(0427.20) 27-Sep-20 0 0 •Substantial ComplMpn(0427-20)
PC-100 Final lnepectlons 23-Sap-20 27-Sep-20 5 0 1 Final Inspections
PC-160 Final PunchW 28-Sep-20 27-Oct-20 30 0 ® Final Punctllst .
PC-200 Final Project Complewn(10-28-20) 28-00-20 0 0 - ♦ -
F'nePIOIW Completion(10-28-201
Remansig Level of Effort ♦ ♦Milestone EE,
Actual Level of Effort Jessie Trice Community Health Center-Baseline Schedule D, STEPHENSON
MIIIIIIIIIIIIII ActualWork D.Stephenson-Baseline Schedule
O [e
Remaining Work n atr u ct la n Inc.
Page 4 of 4 06-M1a1/
�11 Critical Remaining Work Data Dale 28-Feb 19
EXHIBIT C-2
BUDGET AND SCHEDULE, RUDG THE COMMONS RETAIL LAND
PROJECT SCHEDULE
Scope of Work Estimated Date
Developer's Agreement Approval Aug-19
Engage Broker-Leasing& Marketing Aug-19
Identify Retail Tenant Feb-20
Commence Site Design Mar-20
Site Plan Approval Submission Apr-20
Plans& Specs Completion Jun-20
Permits Submission Jul-20
Permits Approved Aug-20
Start of Construction Sep-20
Construction Completion @ 50% Jan-21
Construction Completion @ 7S% Apr-21
Construction Completion - CO Jul-21
Prepared By/Record&Return To:
Robert Erdman,Esq.
Quintairos,Prieto,Wood&Boyer,P.A.
Attorneys'Title Services,LLC
12428 San Jose Blvd,Suite 1
Jacksonville,Florida 32223
SIGN EASEMENT AGREEMENT
THIS SIGN EASEMENT AGREEMENT (this "Agreement"), is hereby made and
entered into this_day of 2019,by and between RUDG-THE COMMONS
RETAIL, LLC, a Florida limited liability company, (hereinafter referred to as "Retail" or
"Grantor'),whose address is: 315 S.Biscayne Blvd,0 Floor,Miami,Florida 33131 and Jessie
Trice Community Health System, Inc., a Florida not-for-profit corporation(hereinafter referred
to as "Trice" or"Grantee"), whose address is: 5607 NW 27h Avenue, Suite 1, Miami, Florida
33142,who do hereby mutually and irrevocably grant, covenant and agree as follows:
RECITALS
WHEREAS,Retail is the owner in fee simple of that certain real property situated in Miami-
Dade County,Florida described on Exhibit"A"attached hereto and incorporated herein by reference
(hereinafter referred to as the"Retail Property"); and
WHEREAS,Trice is the owner in fee simple of that certain real property situated in Miami-
Dade County,Florida described on Exhibit 1111"attached hereto and incorporated herein by reference
(hereinafter referred to as the"Trice Property"); and
WHEREAS,Retail has agreed to grant to Trice a signage easement in,on,under,over,across,
and through that portion of the Retail Property depicted as the"Sign Easement Area" on the sketch
attached hereto as Exhibit "C" and made a part hereof(the "Retail Sign Easement Area") and
being more particularly described on Exhibit "D" attached hereto and incorporated herein by
reference(hereinafter referred to as the"Retail Sign Legal")for the purpose of erecting,maintaining,
operating, and repairing one(1) sign that identifies the primary user of the Trice Property on a sign
structure/monument,and Trice has accepted the terms hereof.
NOW, THEREFORE, for and in consideration of the mutual covenants herein contained,
the sum of TEN DOLLARS($10.00)in hand paid by Trice to Retail,and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Retail grants to Trice
the following rights, easements,privileges and benefits:
1. Grant of Sign Easement. The Grantor does hereby grant unto Trice and any lessee(s)
of the Trice Property, a perpetual, exclusive easement in, on, under, over, across, and through the
Retail Sign Easement Area for the limited purpose of allowing Trice to construct, maintain, repair,
replace, and remove a sign in the Retail Sign Easement Area (the "Retail Sign"), subject to
compliance with the terms of this Agreement.The Retail Sign may be referred to herein as the"Trice
Sign". The Retail Sign structure shall be no higher than feet from the ground, no wider
1
than and no larger in size than square feet, and the signs and sign structure will
be subject to Retail's approval,not to be unreasonably withheld or delayed.Trice shall have the right
to enter upon and use the Sign Easement Areas as may be reasonably necessary for the construction,
maintenance, repair, operation, replacement and removal by Trice of the Trice Sign and such
other appurtenances to the Trice Sign as are needed to operate the Trice Signs,including the right
of reasonable access to any electrical conduit within either Retail Sign Easement Area that may be
used by Trice to illuminate the Trice Signs, together with the right of reasonable access across the
Access Easement in order to access the Retail Sign Easement Area for necessary personnel and
equipment to perform any of the above work,provided such access rights shall be exercised following
seventy-two (72)hours prior notice to the Grantor, and shall be exercised in a manner designed to
minimize any interference with the development,use and operation of the Retail Property, and any
activities thereon.No parking of vehicles beyond the business day or staging of materials is permitted
at any time on the Retail Property.Parking shall be in locations approved by the Owner of the Property
on which parking is desired. Trice shall be responsible for the installation, maintenance, repair and
replacement of any electrical conduit desired by Trice; the electrical conduit must be located within
the Retail Sign Easement Area. Construction of the Sign shall be completed within One Hundred
Eighty(180)days from the date construction of the Trice Sign commences.
2. Access Easement. The Grantor does hereby convey unto Trice a perpetual, non-
exclusive easement (the "Access Easement") for vehicular and pedestrian ingress and egress to
the Trice Sign in order to install, maintain, illuminate, repair, remove and replace the Trice Sign.
This easement runs in favor of Trice, and any tenant on the Trice Property whose sign is located
within the Retail Sign Easement Area, and their invitees, employees, agents or contractors who
need access to the Retail Sign Easement Area for any of the foregoing purposes. The Access
Easement shall mean the paved Roadway as such term is defined in that certain Roadway
Agreement by and between Trice and Retail made of even date hereof, in addition to that area of
the Retail Property that is necessary to be crossed from the Access Easement,Trice Property, and
public roads to the Retail Sign Easement Area. All vehicle traffic shall be limited to the paved
areas.
3. Easement for Electric Service. The Grantor does hereby convey unto Grantee a
perpetual,non-exclusive easement for a utility service line to provide electrical service to the Trice
Sign(the"Utility Easement").The location of the Utility Easement shall be within the Retail Sign
Easement Area and within the fifty (50) feet adjacent to the Access Easement unless otherwise
specified by the provider of electric service and agreed to by the Grantor. The cost and charges for
the electric service for the Trice Sign, as well as all costs of maintenance or repair of the utility
service line shall be paid by Trice,and electric service for the Trice Sign shall be separately metered
and shall not be run through the meter for the Retail Property. It is understood that this Utility
Easement carries with it the right to maintain,repair, and renew the electric line and facilities and
that the provider of electric service may utilize the Utility Easement in connection with supplying
electric service to the Trice Sign. Grantor does reserve the right to relocate the electric service lines
and or conduit in the event of a redevelopment of the Retail Property provided that such relocation
is paid for by the owner(s)of the Retail Property and such relocation does not cause interruption of
electrical services to the Trice Sign for more than thirty(30)days.
4. Relocation. In the event Retail requires the relocation of the Retail Sign Easement
Area for any reason,then Trice and Retail agree that Retail will provide an alternate location for the
2
Retail Sign Easement Area, and Retail will bear the cost of moving the Trice Sign, and both Retail
and Trice will join in an amendment to this Agreement designating such new location. In the event
Retail installs a sign which is intended to identify more than one(1)party(the"Multi-User Sign"),
then Retail may (without obligation to do so) terminate the Retail Sign Easement by giving Trice
25%of the signage area on the Multi-User Sign.Retail will have sole control over the location,size,
shape, height, materials and all other aspects of the Multi-User sign and will maintain such sign in
good condition;Trice will be responsible for the installation and maintenance of its sign on the Multi-
User sign. For all purposes of this paragraph, reference to Retail means: (a) Retail if it owns any
portion of Retail Property and if not then the Owner of the largest portion of the Retail Property and
(b)the Owner on whose Property the new Retail Sign Easement Area or the Multi-User sign will be
located.
5. Sign Design. There shall be no material alterations to the Retail Sign after approval
by Retail,unless Retail,in writing, approves the material alterations. Trice shall provide to Retail a
design of a sign, to be placed in the Retail Sign Easement Area, for approval prior to commencing
construction of the Retail Sign, which approval shall not be unreasonably withheld or denied,prior
to the construction of the sign to be located on the Retail Property. Grantor shall have thirty (30)
days to respond to Trice with an approval or denial of the proposed sign designs. In the event the
Grantor does not respond to Trice within the aforementioned thirty(30)days, Grantor is deemed to
have approved, unconditionally, the proposed Trice Sign design, and Trice shall immediately
commence with construction of such Trice Sign and will diligently pursue such construction to its
completion. Any notice of commencement filed by Trice will show Trice as Owner and the Grantor
as fee simple owner. For purposes of approval in this paragraph,references to Retail shall mean: (a)
Retail if it is then an Owner of any part of the Retail Property and if not then the Owner of the largest
portion of the Retail Property and(b)the Owner of the Property on which the sign is located.
6. Limited Purpose of Signs. The Trice Sign shall be used only for identification of
the user of the Trice Parcel or its lessees, and shall not be used for any other purpose. In no event
will the Trice Sign identify more than one(1)party, and such sign must identify only the business
being conducted on the Trice Parcel by such party and such business must be the primary business
conducted on the Trice Parcel. Further, the Trice Sign may be illuminated, subject to compliance
with all applicable Codes and ordinances, provided the Trice Sign shall not utilize any flashing,
blinking, or oscillating signage. In the event the Trice Sign is illuminated,the illuminated portion
of the sign shall face in a direction so as not to interfere with the quiet enjoyment and use of the
Retail Property. The Trice Sign shall comply with the permitting and zoning laws and ordinances
of Miami-Dade County.
7. Maintenance and Repair; Compliance with Laws. Trice shall keep the Retail Sign
Easement Area and the Trice Sign and all electrical service to the Trice Sign in good condition and
repair,and in compliance with any and all applicable laws and regulations,and be solely responsible
for all taxes, costs and expenses incurred in connection with the Trice Sign or the construction,
maintenance and repair, including but not limited to, any grading, excavating or other site work
necessary in connection with such construction, all of which must be performed only within the
Retail Sign Easement Area. Trice hereby indemnifies and holds harmless the Grantor from and
against any and all liability, damage, cost and expense resulting from the Trice Sign and such
construction,maintenance and repair, including, without limitation, any attorneys' fees, court costs
and paralegal fees expended by Grantor to enforce its rights hereunder and including all such fees
3
and costs in the event of a bankruptcy or appeal. It shall be the responsibility of Trice and its
contractors to avoid all existing utilities and to repair all damage to any underground infrastructure,
surface damage,facilities or improvement impacted by Trice's construction or activities in the Retail
Sign Easement Area. Restoration of the Retail Sign Easement Area,including any plantings,topsoil
and sod, shall be performed by Trice and/or its contractors as soon as is practicable, weather
permitting.
8. Costs and Expenses; Taxes. Trice shall be responsible for all fees, costs, expenses
and taxes (ad valorem, personal property or otherwise) associated with the Trice Sign, or any
increase in the Retail Property tax base because of the Trice Sign,if any. Trice shall hold harmless,
defend and indemnify the Grantor from and against any and all claims,liabilities,costs,expenses,
fees or damages in any way relating to the use, operation, maintenance, or repair or replacement
of the Trice Sign. Without limiting the generality of the foregoing, Trice will be responsible for a
proportionate share of the real estate tax bills on account of the Retail Sign Easement Area, such
portion to be paid within thirty(30)days after demand therefor from the each of the owners of the
larger parcels which is subject to a real estate tax bill which includes the Retail Sign Easement
Area. This paragraph shall automatically be terminated upon the completion of the Multi-User
Sign.
9. Insurance Requirements. Trice covenants to maintain at all times against claims
for personal injury or property damage on or with respect to the use of the Access Easement,Utility
Easement Area, and the Retail Sign Easement Area general commercial liability insurance in the
amount not less than$1,000,000 with respect to any one injury,$1,000,000 with respect to injuries
in any one accident and $100,000 with respect to property damage. All such policies shall name
the Grantor,their mortgagees, successors and/or assigns, as additional insureds.
10. Indemnification. Trice shall indemnify and hold the Grantor harmless from and
against any and all damages, demands, claims, losses, liabilities, injuries to persons and property,
deaths, penalties, fines, liens, judgments, suits, actions, investigations, proceedings, costs and
expenses whatsoever, which arise in connection with the use of the Access Easement, Utility
Easement Area, and the Retail Sign Easement Area by Trice or by Trice's respective agents,
employees, contractors, customers and invitees and all actual costs and expenses that the Grantor
may incur in connection with such liabilities and use.
11. No Obstructions. The Grantor covenants to keep the Retail Sign Easement Area
reasonably free of any obstructions that would prevent Trice, its agents or contractors from
permanently accessing the Trice Sign for maintenance or other related purposes;the foregoing will
not prohibit repair work or use of the Retail Sign Easement Area for its usual and customary
purposes. Trice shall not increase the size, change the shape or adjust the height of the Trice Sign
such that the Trice Sign would obstruct the views of then built or approved or applied for(with the
applicable governmental authority) signs on the Retail Property.
12. Condemnation. In the event of a condemnation of any portion of the Retail Sign
Easement Area by local or state authorities, due to a relocation of adjacent roadways or access
ramps, Retail agrees to grant to Trice an alternate sign easement area in a location which will not
interfere with any use of the Retail Property. Such relocation shall be conducted in a reasonable
manner. The new easement will be of approximately similar size and will not encroach on any of
4
Grantor's then-existing building structures,roads or parking areas and shall not obstruct any then-
existing advertising or identification sign located on the Retail Property. Any condemnation award
with respect to the Trice Sign shall accrue to Trice, and any condemnation award with respect to
the Retail Property shall accrue to Grantor.
13. Reservations. The Grantor reserves for themselves, their tenants, invitees,
licensees,successors and assigns,a non-exclusive right of ingress and egress over,across and upon
the Retail Sign Easement Area for purposes not inconsistent with the easement rights herein
granted. The Grantor further reserves the right to use the Retail Property for any purpose not
inconsistent with the use of the easements granted herein.
14. Lien Rights. If Trice fails to perform any of its obligations hereunder (including
the obligation to indemnify the other Parcel Owners) any other Parcel Owner may notify Trice
and if such failure continues for five (5) days after notice, any Parcel Owner may cause such
failure to be corrected at Trice's expense; if such expense is not reimbursed within five(5) days
after demand, the Parcel Owner which incurred any expense may file a lien against the Trice
Parcel which lien will secure all damages suffered by the filing party and for which Trice is
responsible hereunder; such lien will also secure all fees and costs incurred by the injured party
to collect the amounts owed, all together with interest at the highest rate allowed by law from the
date damages are incurred through the date repaid.
15. Covenants Running With Land, Successors and Assigns. The easements hereby
granted,the restrictions hereby imposed, and the agreements herein contained shall be easements,
restrictions and covenants running with the land and shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, successors and assigns including, but without
limitation, all subsequent owners of Retail Property and Trice Property. While third parties may
have certain rights to use the easement areas as provided herein,no such right shall imply that any
third party's consent or acquiescence is required for an amendment,modification or termination of
the easements herein established.
16. Notices. All notices and demands herein required shall be in writing, addressed as
follows, and may be made by the party hereto or said party's attorney identified below:
If to Retail:
RUDG -THE COMMONS RETAIL, LLC
c/o Tony Del Pozzo
315 S. Biscayne Blvd 4th Floor
Miami, Florida 33131
e-mail: tony(axelatedgroup.com
With copy to:
Ellen Rose, Esq.
Katz, Barron
901 Ponce De Leon Blvd, l Om Floor
Coral Gables Florida 33134
5
e-mail: er@katzbarron.com
If to Trice:
JESSIE TRICE COMMUNITY HEALTH SYSTEM, INC.
Attn: Annie Neasman
5607 NW 27th Avenue, Suite 1
Miami, Florida 33142
e-mail: ANeasman@HCNetwork.org
and
Fabian Thurston
Email: FThurston@jtchc.org
With copy to:
Michael J. Barker, Esq. and Reginald Clyne, Esq.
Quintairos, Prieto, Wood&Boyer, P.A.
12428 San Jose Blvd, Suite 1
Jacksonville, Florida 32223
e-mail(s): mbarker@gpwblaw.com
reginald.clyneAgpwblaw.com
Any party may change the address for notices by a Notice to the other parties.No notice
sent by electronic mail shall be deemed delivered without an acknowledged receipt from the
recipient.
17. Remedies.
(a) In the event of a breach or attempted or threatened breach of the provisions of this
Agreement, the parties agree that the remedy at law available to enforce this Agreement may in all
likelihood be inadequate, and therefore, the provisions of this Agreement may be enforced by a
mandatory or prohibitory injunction or decree of specific performance upon the application of the
owner of any part of the Retail Property or the Trice Property.
(b) The remedies herein are in addition to and not in lieu of any other remedies available
under applicable law.
18. Subdivision of Parcels. In the event any Parcel is subdivided,then each newly created
area shall each be a Parcel hereunder; either the grantor or the grantee in the deed which created the
subdivision shall file a Notice in the Public Records,a copy of which will be mailed to all other Parcel
Owners;the Notice will designate the new Parcels and will give them names and contact information
for purposes of reference hereunder.
6
19. Prior Agreements. This Agreement constitutes the entire agreement between the
parties relating to the subject matter hereof, superseding all prior agreements and/or undertakings,
oral or written.
20. Miscellaneous. This Agreement shall be construed in accordance with the laws of
the State of Florida. This Agreement may only be amended by an instrument in writing executed
by the parties hereto, or their successors and assigns, and recorded in the real property records of
Miami-Dade County, Florida. If any portion of this Agreement shall be deemed void or
unenforceable by a court of competent jurisdiction,the remaining portions of this Agreement shall
be given full force and effect and shall be interpreted to best carry out the original intent of the
parties hereto. The section headings herein are for convenience and reference only, and in no way
define or limit the scope and contents of this Agreement, or in any way affect its provisions. This
Agreement may be executed in several counterparts, each of which shall be deemed an original,
and all such counterparts shall together constitute one and the same instrument.
[Signatures Contained on Following Page]
NOTE: IF THE CLOSING WITH TRICE IS DELAYED AND RETAIL REQUIRES
THAT THIS DOCUMENT BE RECORDED OR IF NEGOTIATIONS BETWEEN
RETAIL AND TRICE TERMINATE, RETAIL WILL HAVE THE RIGHT TO MODIFY
THIS DOCUMENT TO REMOVE TRICE; MODIFICATIONS WILL NOT CHANGE
ANY SUBSTANTIVE PROVISION. MODIFICATIONS INCLUDE CHANGING THE
REFERENCES FROM TRICE TO RETAIL (WHICH OWNS THE TRICE
PARCEL) AND TO CHANGE THE REFERENCES FROM TRICE PROPERTY
TO RETAIL 2 PROPERTY.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
GRANTOR:
Signed, sealed and delivered in the RUDG-THE COMMONS RETAIL, LLC, a
presence of: Florida limited liability company
Witness By.
Print Name:
Printed a e: Obi¢ TAIu z
Its: Vice President
Witnes
Printed Name:.,code s �r
U
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was executed before me and the two (2) subscribing witnesses on this
ka day of -3u 1y , 2019 by bey-+p P i I--Jr • in his capacity as
Vice-President of RUDG-THE COMMONS RETAIL, LLC, a Florida limited liability
company, on behalf of the company, who is --Zpersonally known to me or _ produced
as identification.
Notary F@blic
VERONICA NARANJO
r� 1,;Notary Public-State of Florida
Commission # GG 286583
i9� �° My Commission Expires
December 25, 2022
GRANTEE:
z
aled an a ivered in the Jessie Trice Community Health System, Inc., a
£ Florida not-for-profit corporation
t ss By:
C " Annie R.Neasman
Printed Name: Its: President
.1
fitness //��,,,, _/
Printed Name: P'9-1 L�,V Wq L"t ru
STATE OF
COUNTY OF 1► �ti ,�V=im___.
The foregoing in nt was executed before me and the two (2) subscribing witnesses on this
day of 2019 by Annie R. Neasman in her capacity as President of
Jessie Trice Commu ty Health System, Inc., a Florida not-for-profit corporation, on behalf of
the company,who is
personally known to me or produced
as identification.
L
ary P bli �
9EM:1
HNSON
N#FF 9114
mber 30,2019
Pubr�c unaerriters
JOINDER OF MORTGAGEE
CITY OF MIAMI GARDENS
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records Book 27938, Page 4353, as amended and replaced by
Amended Mortgage Deed and Restrictive Covenant recorded September 18, 2013 in O.R. Book
28827, Page 2870, and further modified by Bifurcation of Amended Mortgage Deed and
Restrictive Covenant recorded in O.R. Book 29653, Page 2888, Corrective Bifurcation of
Amended Mortgage Deed and Restrictive Covenant recorded in O.R. Book 29850 at Page 376;
Second Amendment to Mortgage Deed and Restrictive Covenant recorded in O.R. Book 29653,
Page 2893;Third Amendment to Mortgage Deed and Restrictive Covenant recorded in O.R. Book
29653, Page 2897 and Corrective Third Amendment to Mortgage Deed and Restrictive Covenant
recorded in O.R. Book 29850, Page 383, as affected by Subordination Agreement by and among
(i) Bank of America,N.A. (Senior Lender), (ii) City of Miami Gardens (Subordinate Lender) and
(iii)RUDG-The Commons, LLC(Borrower),recorded in O.R. Book 29850,Page 416,as affected
by that certain Subordination Agreement by and among(i) MIAMI-DADE COUNTY, a political
subdivision of the State of Florida (the "Senior Mortgagee"), (ii) The City of Miami Gardens, a
political subdivision of the State of Florida(the"Subordinate Mortgagee"), and (iii) RUDG-THE
COMMONS, LLC, a Florida limited liability company(the"Borrower") and recorded in Official
Records Book 29850, at Page 430, and as amended in Official Records Book 30813, page 4894,
and as affected by Amendment to RUDG The Common Subordination Agreements recorded in
Official Records Book 30813, page 4908, and as further subordinated by and subject to the terms
of that Subordination Agreement recorded March 16, 2018 in Official Records Book 30899, Page
2100, Public Records of Miami-Dade County, Florida of the Public Records of Miami-Dade
County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby joins and consents to the foregoing Sign Easement Agreement (the
"Easement") and agrees that the Mortgage shall be and hereby is made subordinate to said
Easement.
CITY OF MIAMI GARDENS, a political
subdivision of the state of Florida
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2019, by in his / her capacity as the
of
CITY OF MIAMI GARDENS, a political subdivision of the state of Florida on its behalf. Such
person _ is personally known to me or _ produced as
identification.
Notary Public
Exhibit"A"
(Retail Property Legal Description)
A PORTION OF TRACT 34 AND 35, EVERGLADES SUGAR AND LAND COMPANYS SUBDIVISION, OF
SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING THE
NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, AS SHOWN ON LAKEWOOD ESTATES,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN
ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160
AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
S87'49'27'W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33 AND THE NORTH LINE OF SAID TRACT 33, A DISTANCE OF 175.00 FEET; THENCE SOi'47'25"E,
ALONG A LINE LYING 175.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID EAST LINE ALSO BEING THE
EAST BOUNDARY OF TRACTS 33 AND 34, AS SHOWN ON SAID 27TH AVENUE RACETRAC, A DISTANCE
OF 388.88 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF TRACT
"A" OF SAID 27TH AVENUE RACETRAC; THENCE SO1'47'25"E, ALONG A LINE LYING 175.00 FEET WEST
OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST UNE OF THE SOUTHEAST ONE-QUARTER (S.E.
1/4) OF SAID SECTION 33, SAID LINE ALSO BEING COINCIDENT WITH THE WEST RIGHT OF WAY LINE
OF N.W. 27TH AVENUE, AS SHOWN ON THE STATE OF FLORIDA RIGHT OF WAY MAP FOR STATE ROAD
817, SECTION 87660-2150 (87019-2501), REVISED 02/01/1973. FOR A DISTANCE OF 612.41 FEET;
THENCE N87'51'24"W. ALONG THE NORTHERLY RIGHT OF WAY UNE OF SNAKE CREEK CANAL (C-9) AS
SHOWN ON SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK
CANAL (C-9) AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR
273.80 FEET; THENCE N01'47'25"W, ALONG A UNE BEING PARALLEL TO THE EAST LINE OF THE
SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE OF 459.10 FEET TO A
POINT OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53100'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC
OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 45.00 FEET
AND A CENTRAL ANGLE OF 53'00'43'; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF
SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET TO A POINT OF TANGENCY; THENCE
N01'47'25'W. ALONG A LINE BEING PARALLEL TO THE EAST UNE OF THE SOUTHEAST ONE-OUARTER
(S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE OF 24.77 FEET; THENCE N88-12-35-E FOR A
DISTANCE OF 23.50 FEET; THENCE NO1'47'25"W. ALONG A LINE BEING PARALLEL TO THE EAST LINE
OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE
OF 67.84 FEET; THENCE N87'49'27"E. ALONG THE SOUTH UNE OF SAID TRACT 'A', 27TH AVENUE
RACETRAC AND ITS WESTERLY PROJECTION (SAID SOUTH LINE LYING 388.87 FEET SOUTH OF, AS
MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER (S.E. 1/4) OF
SAID SECTION 33), FOR A DISTANCE OF 269.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 165,249.3 SQ. FT. MORE OR LESS (3.794 ACRES MORE OR LESS).
Exhibit"B"
(Trice Property Legal Description)
"JESSIE TRICE"
A PORTION OF TRACTS 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING
THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160 AT PAGE 34, BOTH OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN S87'49'27'W ALONG THE
NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33 BEING
COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33 FOR A DISTANCE OF 625.01 FEET;
THENCE RUN S01'47'25"E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS
SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 455.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE S01'47'25"E FOR 511.81 FEET; THENCE S87'51'24"E, ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS SHOWN ON SOUTH
FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK CANAL (C-9)
AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
FOR 177.27 FEET; THENCE N01'47'25"W, ALONG A UNE BEING PARALLEL TO THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 459.10 FEET TO A POINT
OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF
REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 45.00 FEET AND A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHWESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET
TO A POINT OF TANGENCY; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE
EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 24.77
FEET; THENCE S88'12'35"W FOR 156.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 90,565 SQ.FT. MORE OR LESS (2.079 ACRES MORE OR LESS).
WE -110H 1J�0 A G G A Y cxepxlc scelE
EXHIBIT "C" %Lei 10 06 �CI o 1 --
inch - 150 1t.
THE COMMONS
MIAMI GARDENS, FLORIDA SEC. 33-51-41 P.O.C. I N
NW 207TH STREET EAST 1/4 CORNER
SEC. 33-51-41, AND--\
SIGNAGE NE CORNER OF TRACT 33 z
NORTH LINE OF THE p B. 75, PG. 84)
EASEMENT
SE 1/4 OF SEC. 33-51-41 ( y�
-AND NORTH LINE TRACT 33 587'49'27"W�_
------T— SOUTH LINE OF 71F17 00
LINE TABLE — _ _ I f THE_N_35' TRACT 33 \I
No. Length Direction
L1 20.00' S01°47'25"E I ( \- I a
I I NORTHERLY Ito i
L2 20.00' S88°12'35"W I I PROLONGATION N
N N a I I OF THE WEST I w aj N
L3 20.00' N01°47'25'W R/W LINE Of 50.00' 71.32
L4 20.00' N88°12'35"E o N 6I I NW 27TH AVENUE j ' 50.00'I U-)
a
mow°'
o L PORTION OF I TRACT"A" 175.00'
z o rm I TRACT 33 I 27th AVENUE j I N V)m
o w a 1I RACETRAC
z J j (P.B. 160, ,oI w I
I I PG. 34) 61
I——- - —— SE CORNER j
I _ — OF TRACT "A" y IQ
y (P B. 160, PG 34)
^
W THE
I L — �
H 9)''o
Q I COMMONS ,,1W I
RETAIL jLu
U) I PORTION OF
W I TRACT 34 PORTION OF I
00 I TRACT 34
ti
z' I
m i EVERGLADES SUGAR Lj w
w a_ I AND LAND COMPANY'S�j
I
QSUBDIVISION $I I ,-wo
I (P.B. 2, PG. 75) L4 I "'IP.O.B I o J o M
L3 1 �c~i�aa
-- --- --- ------
a
I ww�o
w� F----- - - -- - L2 L1
Y� I I I oaM�
o c� I
SIGNAGE i I w_-N a
m a i EASEMENT i I
w� I I I �!Q
o cn,n
I j aI
�3 a I PORTION OF PORTION OF j
U) I TRACT 35 TRACT 35 i I I I N
w I ' 175.00'
ABBREWA TIONS' I I
I
SEC. - SECTION
TWP. - TOWNSHIP 50.00' 175.00'
RGE. - RANGE I 50.00'
R/W - RIGHT OF WAY - - _ _ _ - - I
P.B. - PLAT BOOK - ----- - ---- ------ --I-- ---
PG. - PAGE NORTHERLY R/W
P.O.B. - POINT OF BEGINNING LINE C_9(SNAKE CREEK CANAL)
c-s CANAL
P.O.C. - POINT OF COMMENCEMENT
(SFWMD RW MAP,PG.28 OF 41)
Sgnage Ease
DRAWING No. 2303-SS-01 THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ALL
THREE (3) SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
PROJECT: SIGNAGE EASE=MENTS
DATE: REV DATE: BEC ORDER: SHEET: BY: CLIENT: RUDG - THE COMMONS LLC
02-25-2019 08-06-2019 03-86463 2 OF 2 A.J.R.
BISCAYNE SURVEYORS 529 W.FLAGLER ST,MIAMI, FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
ENGINEERS TEL. (305)324-7671 TEL. (561)609-2329
PLANNERS
E N G I N E E R I N G •SINCE 1898• E-MAIL:INFO@BISCAYNEENGINEERING.COM WEBSITE:WWW.BISCAYNEENGINEER ING.COM
x,_ 'p air 1Jjo ACCO EPANYr
GAL DENCIEFUMP1l ZON EXHIBIT „p„
LEGAL DESCRIPTION (SIGNAGE EASEMENT):
A PORTION OF TRACT 34, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, OF SECTION 33,
TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2,
PAGE 75, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.-
COMMENCE
OLLOWS:COMMENCE AT THE EAST ONE—QUARTER (E 1/4) CORNER OF SAID SECTION 33, ALSO BEING THE
NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, AS
SHOWN ON LAKEWOOD ES TA TES, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 75,
PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 160, PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY,
FLORIDA; THENCE S874927"W ALONG THE NORTH LINE OF THE SOUTHEAST ONE—QUARTER (S.E. 1/4) OF
SAID SECTION 33, BEING COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33, FOR A DISTANCE OF
175.00 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE WEST RIGHT OF WAY LINE OF NW
27TH AVENUE; THENCE S014725'E FOR A DISTANCE OF 641.23 FEET ALONG SAID NORTHERLY
PROLONGATION OF THE WEST RIGHT OF WAY LINE OF NW 27TH AVENUE AND THE WEST RIGHT OF WAY
LINE OF NW 27TH AVENUE TO A POINT BEING 252.35 FEET SOUTHERLY OF THE SOUTHEAST CORNER OF
TRACT 'A" OF SAID 27TH AVENUE RACETRAC AS MEASURED ALONG SAID WEST RIGHT OF WAY LINE OF NW
27TH AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED
SIGNAGE EASEMENT- THENCE S01 4725"E, ALONG SAID WEST RIGHT OF WAY LINE OF NW 27TH AVENUE,
FOR A DISTANCE OF 20.00 FEET, THENCE S88-12'35"W, FOR A DISTANCE OF 20.00 FEET; THENCE
NO1.4725"W, FOR A DISTANCE OF 20.00 FEET; THENCE N88-12'35"E, FOR A DISTANCE OF 20.00 FEET TO
THE POINT OF BEGINNING;
ALL OF THE FOREGOING DESCRIBED AS SIGNAGE EASEMENT CONTAINS AN AREA OF 400 SQUARE FEET
MORE OR LESS.
NO TES. SURVEYORS CER TIFICATE.
•
1. THIS IS NOT A SURVEY. I HEREBY CER77FY THAT THE ATTACHED "SKETCH TO
ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY
2. EASEMENT GEOMETRY SHOWN HEREON IS BASED ON RESPONSIBLE CHARGE AND COMPLIES WITH THE STANDARDS
INSTRUCTIONS AND INFORMATION PROVIDED BY THE OF PRACTICE FOR SURVEYING AND MAPPING AS SET FORTH
CLIENT. BY THE STATE OF FLORIDA BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
3. EASEMENTS AND/OR RESTRICTIONS OF RECORD ARE ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027,
NOT SHOWN HEREON. FLORIDA STATUTES.
4. REFERENCED BISCAYNE ENGINEERING ALTA/NSPS THIS IS NOT A SURVEY
SURVEYS. ORDER 03-85824, DC-5859, DATED
06-23-2017; ORDER 03-86367, DC-5976, DATED NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF
12-14-2018. A FLORIDA LICENSED SURVEYOR AND MAPPER.
5. BEARINGS SHOWN HEREON ARE BASED ON AN BISCAYNE ENGINEERING COMPANY, INC.
ASSUMED MERIDIAN AND ARE REFERENCED TO THE 529 WEST FLAGLER STREET, MIAMI, FL. 33130
NORTH LINE OF THE SOUTHEAST ONE—QUARTER (S.E. (305) 324-7671
1/4) OF SEC77ON 33, TOWNSHIP 51 SOUTH, RANGE 41 STATE OF FLORIDA DEPARTMENT OF AGRICULTURE
EAST, AND ALSO BEING THE NORTH LINE OF TRACT 33, LB-0000129
HAVING A BEARING OF S874927"W.
----------------------------
ALBERTO RABIONET, PSM, FOR THE FIRM
PROFESSIONAL SURVEYOR AND MAPPER NO. 7218
STATE OF FLORIDA
DRAWING No. 2303-SS-01 THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VAUD ONLY WHEN ALL
THREE (3) SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
PROJECT: SIGNAGE EASEMENT
DATE: REV DATE: BEC ORDER: SHEET: BY: CLIENT: RU DG - THE COMMONS, LLC
02-25-2019 08-06-2019 03-86463 1 OF 2 A.J.R.
BISCAYNE SURVEYORS 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
rT:ao ENGINEERS TEL. (305)324-7671 TEL. (561)609-2329
PLANNERS
�i ENGINEERING •SINCE 1e9e• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE VW VV.BISCAYNEENGINEERING.COM
Prepared By/Record&Return To:
Robert Erdman,Esq.
Quintairos,Prieto,Wood&Boyer,P.A.
Attorneys'Title Services,LLC
12428 San Jose Blvd,Suite 1
Jacksonville,Florida 32223
PERPETUAL CROSS EASEMENTS AGREEMENT
THIS PERPETUAL CROSS EASEMENTS AGREEMENT(this"Agreement"or"Easement"or
Easements") is hereby made and entered as of this_ day of , 2019 (the "Effective
Date"), by and among RUDG-THE COMMONS, LLC, a Florida limited liability company(hereinafter
referred to as"Commons"),whose address is: 1000 NW 1 Sc Avenue,Suite 100,Miami,FL 33136; RUDG-
THE COMMONS RETAH., LLC, a Florida limited liability company, (hereinafter referred to as
"Retail"), whose address is: 315 S. Biscayne Blvd, 4'Floor, Miami, Florida 33131; and Jessie Trice
Community Health System,Inc.,a Florida not-for-profit corporation(hereinafter referred to as"Trice"),
whose address is: 5607 NW 27`''Avenue, Suite 1, Miami, Florida 33142, who do hereby mutually and
irrevocably grant,covenant and agree as follows:
RECITALS
WHEREAS, Commons is the owner in fee simple of that certain real property situated in Miami-
Dade County, Florida described on Exhibit "A" attached hereto and incorporated herein by reference
(hereinafter referred to as the"Commons Property"); and
WHEREAS,Retail is the owner in fee simple of that certain real property situated in Miami-Dade
County,Florida described on Exhibit"B"attached hereto and incorporated herein by reference(hereinafter
referred to as the"Retail Property"); and
WHEREAS,Trice is the owner in fee simple of that certain real property situated in Miami-Dade
County,Florida commonly referred to as 5607 NW 27th Avenue, Suite 1,Miami,Florida 33142 and being
more particularly described on Exhibit "C" attached hereto and incorporated herein by reference
(hereinafter referred to as the"Trice Property");and
WHEREAS,Commons,Retail, and Trice may be hereinafter referred to as the"Parties"; and
WHEREAS, the Retail Property and the Trice Property may be hereinafter referred to as the
"Connecting Properties"; and
WHEREAS,the Commons Property currently has a private wastewater pump station and private
wastewater pipes, which private wastewater and pump station ultimately connect to the Miami-Dade
County Water and Sewer Department public sewer system; and
WHEREAS,because there is no feasible way to directly connect to the Miami-Dade County Water
and Sewer Department's public sewer system, the Trice Property and the Retail Property(hereinafter,the
"Connecting Properties'), which are adjacent to the Commons Property, wish to share the use of the
Commons Property's private wastewater pump station and private wastewater pipes;and
WHEREAS,the Parties are co-applicants for Miami-Dade County permits to construct and operate
a private wastewater utility that would consist of the existing private wastewater pump station on the
Commons Property as well as private wastewater pipes on the Commons Property and the Connecting
Properties; and
WHEREAS,pursuant to said Miami-Dade County construction and operating permits,the Parties
shall be responsible for various duties,responsibilities,and obligations,which may be amended from time
to time, related to the maintenance, operation and monitoring of the private wastewater pump station and
the private wastewater pipes; and
WHEREAS,the Parties are hereafter jointly and severally liable for all duties,responsibilities,and
obligations related to the said private wastewater pump station and private wastewater pipes; and
WHEREAS, as part of the representations made by the Parties in connection with said permit
applications, an easement is hereby granted by Commons in favor of the Connecting Properties over the
property legally described in Exhibit"D" (hereinafter referred to as the"Commons Property Easement
Area"); and
WHEREAS, as part of the representations made by the Parties in connection with said permit
applications, an easement is hereby granted by Retail in favor of Commons and Trice over the property
legally described in Exhibit"E"(hereinafter referred to as the"Retail Property Easement Area"); and
WHEREAS, as part of the representations made by the Parties in connection with said permit
applications, an easement is hereby granted by Trice in favor of Commons and Retail over the property
legally described in Exhibit"F"(hereinafter referred to as the"Trice Property Easement Area");and
WHEREAS,the Commons Property Easement Area,the Retail Property Easement Area, and the
Trice Property Easement Area are shown together on Exhibit "G" and may be hereinafter referred to as
the"Easement Area"; and
WHEREAS, pursuant to these easements, the Parties shall have certain rights to the Easement
Area,as further described herein; and
WHEREAS,the Easement over the Commons Property Easement Area(Exhibit"D") shall not be
severed from the Connecting Properties; and
WHEREAS, the Easement over the Retail Property Easement Area (Exhibit "E") shall not be
severed from the Commons Property or the Trice Property; and
WHEREAS, the Easement over the Trice Property Easement Area (Exhibit "F") shall not be
severed from the Commons Property or the Retail Property; and
WHEREAS,the Parties desire that the Commons Property Easement Area(Exhibit D),the Retail
Property Easement Area (Exhibit E), and the Trice Property Easement Area (Exhibit F) be used for the
purposes described herein; and
WHEREAS, Commons is willing to convey to Retail and Trice an easement over the Commons
Property Easement Area(Exhibit D)to be used by Retail and Trice for the purposes described herein; and
WHEREAS, Retail is willing to convey to Commons and Trice an easement over the Retail
Property Easement Area(Exhibit E)to be used by Commons and Trice for the purposes described herein;
and
2
WHEREAS, Trice is willing to convey to Commons and Retail an easement over the Trice
Property Easement Area(Exhibit F)to be used by Commons and Retail for the purposes described herein;
and
WHEREAS,because these Easements are part of the representations made by the Parties to Miami-
Dade County, and Miami-Dade County relied on these Easements in reviewing the permit applications,
these Easements shall not be terminated,released or modified without the written consent of Miami-Dade
County, via its Division of Environmental Resources Management or successor department,and any such
termination, release, or modification without written consent of Miami-Dade County, via its Division of
Environmental Resources Management may result in enforcement action by Miami-Dade County,
NOW,THEREFORE,in consideration of the sum of One Dollar,and other valuable consideration
paid and received, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by reference.
2. Cross Easements.
a. Commons does hereby grant, dedicate and establish to Retail, and its successors in
interest,and Trice,and its successors in interest,a perpetual easement over,along and
across the real property lying and being in Miami-Dade County, State of Florida, as
described in Exhibit D, for the purposes of providing sewer service to the Connecting
Properties,access,making reports,gathering data,performing maintenance,repairing,
constructing, digging and any other action that may be needed or required for the
maintenance, operation and monitoring of the private wastewater pump station and
private wastewater pipes. Except in the event of an emergency,Retail and/or Trice, as
applicable,shall provide not less than 48 hours prior written notice to Commons prior
to entry upon the Commons Property.Furthermore,Trice and/or Retail shall repair any
damage caused to the Commons Property resulting from either of their respective entry
upon the Commons Property.
b. Retail does hereby grant, dedicate and establish to Commons, and its successors in
interest,and Trice,and its successors in interest,a perpetual easement over,along and
across the real property lying and being in Miami-Dade County, State of Florida, as
described in Exhibit D, for the purposes of providing sewer service to the Commons
Property and the Trice Property, access, making reports, gathering data, performing
maintenance,repairing,constructing,digging and any other action that may be needed
or required for the maintenance, operation and monitoring of the private wastewater
pump station and private wastewater pipes.
c. Trice does hereby grant, dedicate and establish to Commons, and its successors in
interest,and Retail,and its successors in interest,a perpetual easement over,along and
across the real property lying and being in Miami-Dade County, State of Florida, as
described in Exhibit D, for the purposes of providing sewer service to the Commons
Property and the Retail Property, access, making reports, gathering data, performing
maintenance,repairing,constructing,digging and any other action that may be needed
or required for the maintenance, operation and monitoring of the private wastewater
pump station and private wastewater pipes.
3
3. Term. The Term of this Easement shall be perpetual subject to the termination provisions
set forth in Section 4 below. This Easement shall run with the land and commence upon the
Effective Date unless terminated pursuant to Section 4-herein.
4. Termination and Modification. This Easement shall not be terminated or modified without the
written consent of Miami-Dade County, via its Division of Environmental Resources
Management or successor department, and any such termination or modification without
written consent of Miami-Dade County, via its Division of Environmental Resources
Management or successor department, may result in enforcement action by Miami-Dade
County. Further, no modification or termination shall be effective unless in writing, duly
executed,acknowledged and recorded in the Public Records of Miami-Dade County,Florida.
5. Binding Effect,Successors and Assigns. All terms and provisions of this Easement are binding
upon the Parties hereto and their respective successors and assigns. Further, all terms and
provisions of this Easement and all rights, privileges, benefits and burdens created hereunder
are covenants running with the lands described herein,binding upon and inuring to the benefit
of the Parties hereto,their respective heirs,successors,successors-in-title,legal representatives
and assigns.
6. Recording. This Easement shall be recorded in the Public Records of Miami-Dade County,
Florida.
7. Conveyance as Easement Appurtenant. These Easements may only be conveyed as an
easement appurtenant to the respective properties.The Easement over the Retail Property shall
only be conveyed as an easement appurtenant to the Commons Property and the Trice Property
and shall not be subdivided or sold separately from the Commons Property or the Trice
Property; the Easement over the Commons Property shall only be conveyed as an easement
appurtenant to the Connecting Properties and shall not be subdivided or sold separately from
the Connecting Properties; and the Easement over the Trice Property shall only be conveyed
as an easement appurtenant to the Commons Property and the Retail Property and shall not be
subdivided or sold separately from the Commons Property or the Retail Property.
NOTE: IF THE CLOSING WITH TRICE IS DELAYED AND RETAIL REQUIRES THAT THIS
DOCUMENT BE RECORDED OR IF NEGOTIATIONS BETWEEN RETAIL AND TRICE
TERMINATE, RETAIL WILL HAVE THE RIGHT TO MODIFY THIS DOCUMENT TO
REMOVE TRICE;MODIFICATIONS WILL NOT CHANGE ANY SUBSTANTIVE PROVISION.
MODIFICATIONS INCLUDE CHANGING THE REFERENCES FROM TRICE TO RETAIL
(WHICH OWNS THE TRICE PARCEL)AND TO CHANGE THE REFERENCES FROM TRICE
PROPERTY TO RETAIL 2 PROPERTY.
[Remainder of Page Intentionally Left Blank]
4
IN WITNESS WHEREOF, the fee simple owners of the Commons Property and the Connecting
Properties have caused this Easement to be executed by their duly authorized representatives,all as of the
Effective Date.
Signed, sealed and delivered in the presence of: RUDGTHE COMMONS RETAIL, LLC, a
Florida limited liability company
By:
Name:
ness Its: Vi/ePresident
Printed ame:
L� -4�
Witne s
Printed Name: a c
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was executed before me and the two (2) subscribing witnesses
on this z day of :TLjj 2019 by e► rh , ►-o 7y . in his
capacity as Vice-Preside t of RUDGTHE COMMONS RETAIL, LLC, a Florida limited
liability company, on behalf of the company, who is personally known to me or
produced as identific ion.
Not Public
VERONICA
NARANJO
Notary Public-state of Florida
'c Commission # GG 286583
o:
%?oF °P•' MY Commission Expires
December 25, 2022
5
Signed, seal in the RUDGTHE COMMONS,LLC,a Florida limited
pr ce of: liability company
Witness By: Urgent, Inc., a Florida not-for-profit
Printed Name corporation
Its: Manager
Witness By:
rr Henry Crespo
Printed Name: Its: President
STATE OF ttf 0-
COUNTY OF
The foregoing i t ent was executed before me and the two (2) subscribing witnesses
on this,36 day of 2019 by Henry Crespo in his capacity as President
of Urgent, Inc., a Florida n1for-profit corporation, in its capacity as Manager of RUDGTHE
COMMONS,LLC, a Florida limited liabili cop y, on behalf of the company,who is
personally known to me or_produced . s4 'fication.
No u is
�4?,f Pr!�t ORA ARNAIZ ALkR
*My COMMISSION#GG 07
mAe EXPIRES:February 13,2021
Sap f�''! bonded Thru Budget Notary Services
6
Signed, ealed and ivered in the Jessie Trice Community Health System, Inc., a
pres n e of: Florida not-for-profit corporation
/the- s
By: —�
Annie R. Neasman
Printed Name: Its: President
Witness
Printed Name: PI L A-L S
STATE OF 0l' _
COUNTY OF -Z i�- —
The,fpregoing instrume t was executed before me and the two (2) subscribing witnesses on this
MAday of , 2019 by Annie R. Neasman in her capacity as President of
Jessie Trice Communi He ystem, Inc., a Florida not-for-profit corporation, on behalf of
the company,who ispersonally known to me or produced
as identification.
t Pub c
JOYCE { ON14
PYA', MY COMMISSION A FF 30 V9
' ' EXPIRES:Saplember 30, �
Pubfk Undenrtda
�'h,P �opsP Bonded ThNta�Y
7
JOINDER OF MORTGAGEE
FLORIDA COMMUNITY LOAN FUND, INC.
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records 30899, at Page 2078 of the Public Records of Miami-
Dade County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby joins and consents to the foregoing Perpetual Cross Easements Agreement and
agrees that the Mortgage shall be subordinated to said foregoing Perpetual Cross Easements
Agreement.
FLORIDA COMMUNITY LOAN FUND,INC., a
Florida not for profit corporation
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by in his / her
capacity as the
of
a on its
behalf. Such person is personally known to me or produced as
identification.
Notary Public
8
JOINDER OF MORTGAGEE
MIAMI-DADE COUNTY
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records O.R. Book 29850,Page 334,Public Records of Miami-
Dade County Florida, in the original principal amount of$718,560.00; as further secured by that
certain Collateral Assignment of Leases, Rents and Contract Rights, of even date, recorded in
Official Records Book 29850, Page 360; and that certain UCC-1 Financing Statement by and
between RUDG-The Commons, LLC, a Florida limited liability company as Debtor and Miami-
Dade County, as Secured Party, recorded in Official Records Book 29850, Page 373; as affected
by that certain Subordination Agreement by and among(i)BANK OF AMERICA,N.A.,a national
banking association(the "Senior Lender"), (ii) MIAMI-DADE COUNTY, a political subdivision
of the State of Florida (the "Subordinate Lender"), and (iii) RUDG-THE COMMONS, LLC, a
Florida limited liability company(the"Borrower")recorded in Official Records Book 29850,Page
401, and as amended in Official Records Book 30813,page 4889, and as affected by Amendment
to RUDG The Commons Subordination Agreements recorded in Official Records Book 30813,
page 4908, and as further subordinated by and subject to the terms of that Subordination
Agreement recorded March 16, 2018 in Official Records Book 30899, page 2107,of the Public
Records of Miami-Dade County, Florida ("Mortgage"), encumbering the lands described in said
Mortgage. The undersigned hereby joins and consents to the foregoing Perpetual Cross Easements
Agreement and agrees that the Mortgage shall be subordinated to said Perpetual Cross Easements
Agreement.
MIAMI-DADE COUNTY, a political subdivision
of the state of Florida
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by in his / her
capacity as the
of
a , on its
behalf. Such person is_personally known to me or produced as
identification.
Notary Public
9
JOINDER OF MORTGAGEE
CITY OF MIAMI GARDENS
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records Book 27938, Page 4353, as amended and replaced by
Amended Mortgage Deed and Restrictive Covenant recorded September 18, 2013 in O.R. Book
28827, Page 2870, and further modified by Bifurcation of Amended Mortgage Deed and
Restrictive Covenant recorded in O.R. Book 29653, Page 2888, Corrective Bifurcation of
Amended Mortgage Deed and Restrictive Covenant recorded in O.R. Book 29850 at Page 376;
Second Amendment to Mortgage Deed and Restrictive Covenant recorded in O.R. Book 29653,
Page 2893;Third Amendment to Mortgage Deed and Restrictive Covenant recorded in O.R. Book
29653, Page 2897 and Corrective Third Amendment to Mortgage Deed and Restrictive Covenant
recorded in O.R. Book 29850, Page 383, as affected by Subordination Agreement by and among
(i) Bank of America,N.A. (Senior Lender), (ii) City of Miami Gardens (Subordinate Lender) and
(iii)RUDG-The Commons, LLC(Borrower),recorded in O.R. Book 29850,Page 416,as affected
by that certain Subordination Agreement by and among(i) MIAMI-DADE COUNTY, a political
subdivision of the State of Florida (the "Senior Mortgagee"), (ii) The City of Miami Gardens, a
political subdivision of the State of Florida(the"Subordinate Mortgagee"), and(iii)RUDG-THE
COMMONS, LLC, a Florida limited liability company(the"Borrower") and recorded in Official
Records Book 29850, at Page 430, and as amended in Official Records Book 30813, page 4894,
and as affected by Amendment to RUDG The Common Subordination Agreements recorded in
Official Records Book 30813,page 4908, and as further subordinated by and subject to the terms
of that Subordination Agreement recorded March 16, 2018 in Official Records Book 30899, Page
2100, Public Records of Miami-Dade County, Florida of the Public Records of Miami-Dade
County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby joins and consents to the foregoing Perpetual Cross Easements Agreement and
agrees that the Mortgage shall be subordinated to said Perpetual Cross Easements Agreement.
CITY OF MIAMI GARDENS, a political
subdivision of the state of Florida
By:
Signature
Printed Name:
Its:
10
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by in his / her
capacity as the
of
a , on its
behalf. Such person is _personally known to me or produced as
identification.
Notary Public
11
JOINDER OF MORTGAGEE
URGENT, INC./BANK OF AMERICA CALIFORNIA,N.A.
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records 29850, Page 391, Public Records of Miami-Dade
County Florida, as amended and restated by Amended and Restated AHP Mortgage and Security
Agreement (Florida) recorded March 22, 2016 in Official Records Book 30008, page 2180, as
collaterally assigned to Bank of America California, N.A. by Collateral Assignment of Mortgage
and Security Agreement recorded in Official Records Book 30008, Page 2194, as amended by
Amendment to Mortgage recorded January 3, 2018 in Official Records Book 30813, page 4902,
and as further subordinated by and subject to the terms of that Subordination Agreement recorded
March 16,2018 in Official Records Book 30899,page 2114of the Public Records of Miami-Dade
County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby joins and consents to the foregoing Perpetual Cross Easements Agreement and
agrees that the Mortgage shall be subordinated to said Perpetual Cross Easements Agreement.
URGENT, INC., a Ad,-,"c" /'j -GDr-(�I'YJ�iT
corporation
By:
Signature
Printed ame: �l7 ,CJ.
Its:
STATE OF U K oClt
COUNTY OF M (Oj i
The foregoing instrume was acknowledged before me this day of
2019, by P44 in his / her
capa ' the
of omed ,
a -rO(- , on its
behalf. Such person is _
personally known to 4ne or produced as
identification.
Notary Public
2oaaY PUBS c
ORA ARNAIZ VILLAR
f *MY COMOSION#GG 070610
N �t EXPI�EB:Pebruriry 13,2021
J1 N @b*t Welt'Services
12
BANK OF AMERICA CALIFORNIA,N.A.
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by in his / her
capacity as the
of
a on its
behalf. Such person is personally known to me or produced as
identification.
Notary Public
13
Exhibit"A"
(Commons Property Legal Description)
"THE COMMONS RESIDENTIAL"
A PORTION OF TRACTS 33 AND 34, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING
THE NORTHEAST CORNER OF SAID TRACT 33, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON
27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
160 AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
S87'49'27"W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID
SECTION 33 AND THE NORTH LINE OF SAID TRACT 33, FOR A DISTANCE OF 405.01 FEET;
THENCE S01'47'25"E, ALONG A LINE LYING 405.00 FEET WEST OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS
SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 41.27 FEET TO THE POINT OF
BEGINNING AND A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF N.W. 207TH STREET AS
RECORDED IN OFFICIAL RECORDS BOOK 17813, PAGE 4115, AND OFFICIAL RECORDS BOOK
15868, PAGE 2851, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT
BEING THE NORTHWEST CORNER OF TRACT "A", OF SAID 27TH AVENUE RACETRAC, SAID POINT
ALSO BEING ON THE ARC OF A CURVE CONCAVE TO THE SOUTH (A RADIAL LINE THROUGH
SAID POINT BEARS NO6'31'22"E) HAVING A RADIUS OF 545.00 FEET AND A CENTRAL ANGLE
OF 08'41'55'; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE SOUTH
RIGHT-OF-WAY LINE OF N.W. 207TH STREET, AN ARC DISTANCE OF 82.74 FEET; THENCE
S87'49'27"W, ALONG A LINE LYING 35.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES
TO, THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR
137.54 FEET; THENCE S01'47'25"E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED
AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID
SECTION 33, FOR 420.51 FEET; THENCE N88'12'35"E, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, FOR 180.35 FEET; THENCE N01'47'25"W FOR 67.84 FEET; THENCE
N87'49'27"E, ALONG A LINE LYING 388.87 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES
TO, THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID
LINE ALSO BEING THE WESTERLY PROJECTION OF THE SOUTH LINE OF SAID TRACT "A". 27TH
AVENUE RACETRAC, FOR 39.65 FEET TO A POINT, SAID POINT ALSO BEING THE SOUTHWEST
CORNER OF SAID TRACT "A"; THENCE N01'47'25"W, ALONG A LINE LYING 405.00 FEET WEST
OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER
(S.E. 1/4) OF SAID SECTION 33, FOR 347.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 89,807.7 SQ. FT. MORE OR LESS (2.062 ACRES MORE OR LESS)
Exhibit"B"
(Retail Property Legal Description)
A PORTION OF TRACT 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, OF
SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING THE
NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANYS SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, AS SHOWN ON LAKEWOOD ESTATES,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN
ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160
AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
587'49'27"W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33 AND THE NORTH LINE OF SAID TRACT 33, A DISTANCE OF 175.00 FEET; THENCE 501'47'25"E,
ALONG A LINE LYING 175.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID EAST LINE ALSO BEING THE
EAST BOUNDARY OF TRACTS 33 AND 34, AS SHOWN ON SAID 27TH AVENUE RACETRAC, A DISTANCE
OF 388.88 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF TRACT
"A" OF SAID 27TH AVENUE RACETRAC; THENCE S01'47'25"E, ALONG A LINE LYING 175.00 FEET WEST
OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E.
1/4) OF SAID SECTION 33, SAID LINE ALSO BEING COINCIDENT WITH THE WEST RIGHT OF WAY LINE
OF N.W. 27TH AVENUE, AS SHOWN ON THE STATE OF FLORIDA RIGHT OF WAY MAP FOR STATE ROAD
817, SECTION 87660-2150 (87019-2501), REVISED 02/01/1973, FOR A DISTANCE OF 612.41 FEET;
THENCE N87'51'24"W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS
SHOWN ON SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK
CANAL (C-9) AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG_ 90, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR
273.80 FEET; THENCE N01'47'25"W, ALONG A UNE BEING PARALLEL TO THE EAST LINE OF THE
SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE OF 459.10 FEET TO A
POINT OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC
OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 45,00 FEET
AND A CENTRAL ANGLE OF 53'00'43 THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF
SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET TO A POINT OF TANGENCY; THENCE
N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST UNE OF THE SOUTHEAST ONE-QUARTER
(S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE OF 24.77 FEET; THENCE N88'12'35"E FOR A
DISTANCE OF 23.50 FEET; THENCE NDI'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE
OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE
OF 67.84 FEET; THENCE N87'49'27"E, ALONG THE SOUTH LINE OF SAID TRACT 'A", 27TH AVENUE
RACETRAC AND ITS WESTERLY PROJECTION (SAID SOUTH LINE LYING 388.87 FEET SOUTH OF, AS
MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER (S.E. 1/4) OF
SAID SECTION 33), FOR A DISTANCE OF 269.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 165,249.3 SQ. FT. MORE OR LESS (3.794 ACRES MORE OR LESS).
Exhibit"C"
(Trice Property Legal Description)
"JESSIE TRICE"
A PORTION OF TRACTS 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE—QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING
THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160 AT PAGE 34, BOTH OF
THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE RUN S87'49'27'W ALONG THE
NORTH LINE OF THE SOUTHEAST ONE—QUARTER (S.E. 1/4) OF SAID SECTION 33 BEING
COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33 FOR A DISTANCE OF 625.01 FEET;
THENCE RUN S01'47'25"E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED AT RIGHT
ANGLES T0, THE EAST LINE OF THE SOUTHEAST ONE—QUARTER (S.E. 1/4) OF SAID SECTION
33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS
SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 455.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE S01'47'25"E FOR 511.81 FEET; THENCE S87'51'24"E, ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS SHOWN ON SOUTH
FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK CANAL (C-9)
AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE PUBLIC
RECORDS OF MIAMI—DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT—OF—WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
FOR 177.27 FEET; THENCE NOt'47'25"W. ALONG A LINE BEING PARALLEL TO THE EAST LINE OF
THE SOUTHEAST ONE—QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 459.10 FEET TO A POINT
OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF
REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 45.00 FEET AND A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHWESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET
TO A POINT OF TANGENCY; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE
EAST LINE OF THE SOUTHEAST ONE—QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 24.77
FEET; THENCE S88'12'35"W FOR 156.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 90,565 SQ.FT. MORE OR LESS (2.079 ACRES MORE OR LESS).
Exhibit "D"
(Commons Property Easement Area)
SKETCH IFO ACCOMPANY
LECFAI. DESCP,UPWION
COMMONS PROPERTY
MIAMI GARDENS, FLORIDA
UTILITY EASEMENT
EXHIBIT "D"
NOTES:
1. UTILITY EASEMENT GEOMETRY DETERMINED BY CLIENT
AND DERIVED FROM AS_BUILT SEWER SURVEY PREPARED
BY JOHN IBARRA k ASSOCIATES, INC ON 10/05/2016, SURVEYORS CERTIFICATION:
SURVEY NO. 15004512-3. I hereby certify that the attached "SKETCH TO ACCOMPANY LEGAL
DESCRIPTION'was prepared under my responsible charge and complies with
2. EASEMENTS AND/OR RESTRICTIONS OF RECORD ARE the Standards of Practice for Surveying and Mopping as set forth by the
NOT SHOWN HEREON. State of Florida Board of Professional Surveyors and Mappers in Chapter
5J-17, Florida Administrative Code, pursuant to Chapter 472.027, Florida
3. REFERENCED BISCAYNE ENGINEERING ALTA/NSPS Statutes.
SURVEY: ORDER 03-85824, DC-5859, DATED Not valid without the originot signature and seal of a Florida Licensed
06-23-2017. Surveyor and Mapper.
4. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED THIS IS NOT A SURVEY.
MERIDIAN, REFERENCED TO THE NORTH LINE OF THE
SOUTHEAST ONE—QUARTER OF SECTION 33, TOWNSHIP 51 Biscore Engineering Company, Inc.
SOUTH, RANGE 41 EAST, HAVING A BEARING OF 529 West Flogler Street, Miami FL. 33130
587.49'27"W. (305)-324-7671
State of Florida Department of Agriculture
5. THE LIMITS OF THE EASEMENT STRIPS WILL NOT EXCEED DATE: 06-2LB—D- 06-2
D4-2019
THE BOUNDARIES OF THE COMMONS PROPERTY AS SHOWN
HEREON.
6. "33-41-51" SHOWN ON SKETCHES INDICATES
T' ----
"SECTION—TOWNSHIP SOUTH—RANGE EASAlberto J. Rablanet, for the Arm
Professional Surveyor and Mapper No, 7218
7. THIS IS NOT A SURVEY. State of Florida
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN
ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
Mit. am 14. 2M9-11:57p,Est RE.\\N,.. I F0MWNS\D*U\Utt11r rASE"1\5 ?-i,
DRAWING No. 2274-SS-01D FIELD BOOK: N/A
PROJECT: CROSS EASEMENTS AGREEMENT
DATEREVDATE: BECORDER# SHEET oRAWNBYCLIENTRELATED URBAN DEVELOPMENT GROUP
06-24-2019 03-86002 1 OF 4 AJR
!. suRVEYORS 529 WIA
.FLAGLER ST,MMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
n/ ENGINEERS TEL. (305)324-7671 TEL (561)609-2329
BISCAYNE
PLANNERS
ENGINEER I N G -SINCE 1695- E-MAIL INFO@BISCAYNEENGINEERING.COM WEBSITE.WWW.BISCAYNEENGINEERING.COM
8KETCH IF® ACCOMPANY
COMMONS PROPERTY
MIAMI GARDENS, FLORIDA
UTILITY EASEMENT
EXHIBIT "D"
LEGAL DESCRIPTION FOR EXHIBIT D" (UTILITY EASEMENT STRIP gr1 d STRIP 12).
A STRIP OF LAND (STRIP /I) IN THE COMMONS PROPERTY, 10.00 FEET IN WIDTH, IN SECTION 33, TOWNSHIP 51 SOUTH,
RANGE 41 EAST BEING A POR77ON OF TRACT 33, EVERGLADES SUGAR AND LAND COMPANYS SUBDIVISION'; ACCORDING T
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA;
LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE EAST ONE—QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING THE NORTHEAST CORNER OF
SAID TRACT 33, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75,
PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 160, PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE S874927'W ALONG THE
NORTH UNE OF THE SOUTHEAST ONE—QUARTER (S.E. 1/4) OF SAID SECT70N 33, BEING COINCIDENT WITH THE NORTH LINE
OF SAID TRACT 33, A DISTANCE OF 490.63 FEET,- THENCE 50270"33"E, A DISTANCE OF 35.00 FEET TO A POINT BEING
134.62 FEET EASTERLY OF THE NORTHEAST CORNER OF BLOCK 2 OF SAID LAKEWOOD ESTATES AS MEASURED ALONG THE
SOUTH LINE OF THE NORTH 35 FEET OF SAID TRACT 33, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED CENTERLINE, THENCE SO4-2526"E, A DISTANCE OF 27.89 FEET TO POINT 'A" ALSO BEING THE
POINT OF TERMINATION OF THE HEREINABOVE DESCRIBED CENTERLINE;
THE SIDELINES OF SAID 10.00 FEET WIDE STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS REQUIRED TO
TERMINATE IN THE NORTHERLY LINE OF THE SOUTH LINE OF THE NORTH 35 FEET OF SAID TRACT 33, AND ALSO IN THE
SOUTH RIGHT—OF—WAY LINE OF N.W 207TH STREET AS RECORDED IN OFFICIAL RECORDS BOOK 17813, PAGE 4115, AND
OFFICIAL RECORDS BOOK 15868, PAGE 2851, BOTH OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, AND TO
FORM A CLOSED FIGURE;
AND
A STRIP OF LAND (STRIP /1) IN THE COMMONS PROPERTY, 12.00 FEET IN WIDTH, IN SECTION 33, TOWNSHIP 51 SOUTH,
RANGE 41 EAST, BEING A PORTION OF TRACT 33, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION" ACCORDING T
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAM1—DADE COUNT-; FLORIDA;
LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGIN AT THE HEREINABOVE DESCRIBED POINT "A' THENCE S042526E, A DISTANCE OF 6.00 FEET TO POINT B", ALSO
BEING THE POINT OF BEGINNING OF STRIP #2; THENCE CONTINUE SO42526"E, A DISTANCE OF 6.00 FEET TO POINT "C"
ALSO BEING THE POINT OF TERMINAT70N OF THE HEREINABOVE DESCRIBED CENTERLINE;
AND
A STRIP OF LAND (STRIP /I) IN THE COMMONS PROPERTY, 10.00 FEET IN WIDTH, IN SECT70N 33, TOWNSHIP 51 SOUTH,
RANGE 41 EAST, BEING A PORTION OF TRACTS 33 AND 34, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION',
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI—DADE
COUNTY, FLORIDA,- LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGIN AT THE HEREINABOVE DESCRIBED POINT "C'; THENCE SO42526"E, A DISTANCE OF 39.61 FEET; THENCE 54073"00"W,
A DISTANCE OF 66.89 FEET,• THENCE S01'13'347E, A DISTANCE OF 202.64 FEET; THENCE S88'12'03"W, A DISTANCE OF
13.69 FEET TO THE POINT OF TERMINA77ON OF THE HEREINABOVE DESCRIBED CENTERLINE;
AND
A STRIP OF LAND (STRIP /2) IN THE COMMONS PROPERTY, 10.00 FEET IN WIDTH, IN SECT70N 33, TOWNSHIP 51 SOUTH,
RANGE 41 EAST, BEING A POR77ON OF TRACTS 33 AND 34, EVERGLADES SUGAR AND LAND COMPANYS SUBDIVISION"
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI—DADE
COUNTY, FLORIDA; LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGIN AT THE HEREINABOVE DESCRIBED POINT B THENCE N8503"01"W, A DISTANCE OF 37.05 FEET,• THENCE SOi�5329"E,
A DISTANCE OF 391.91 FEET TO THE POINT OF TERMINATION OF THE HEREINABOVE DESCRIBED CENTERLINE,
THE SIDELINES OF SAID 10.00 FEET WIDE STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS REQUIRED TO
TERMINATE IN THE SOUTHERLY LINE OF THE COMMONS PROPERTY, BEARING N8872'35"E, AND TO FORM A CLOSED FIGURE
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VAUD ONLY WHEN
ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
D:�. r.7t. X9-ii:5:i,� S . .N CQILI0MSVIMC\Unutr EAS;YEN n;86pp7-Iw Cue lane-
DRAWING No. 2274-SS-01D FIELD BOOK: N/A
PROJECT: CROSS EASEMENTS AGREEMENT
DATE: REV DATE. BEC ORDER# SHEET DR AWNBYCLIENTRELATED URBAN DEVELOPMENT GROUP
06-24-2019 03-86002 2 OF 4 AJR
BISCAYN E suRVE ERS 529 W FLAGLER ST MIAMI FL 33130 449 NW 35TH ST,BOCA RATON FL 33431
ENGINEERS TEL (305)324-7671 TEL (561)609-2329
PLANNERS
E N G I N E E R I N G •s1!4-_E lege• I E-MAIL:INFO@ BISCAY NEENGINEER ING.COM WEBSITE:WWW.BISCAYNEENGINEERING.COM
8KRIFCK TO ACCOMPANY
LBO'AL DENCRMWXON
COMMONS PROPERTY
MIAMI GARDENS, FLORIDA
UTILITY EASEMENT
EXHIBIT "D" GRAPHIC SCALE
0' 50' 1w EAST 1/4 CORNER
* 33-51-41, AND
0' 'C• NORTH LINE OF THE rni L=82.74' NE CORNER
SE 1/4 OF 33-51-41 0 o R=545.00' NE 114 OF OF TRACT 33
AND NORTH LINE TRACT 33 c �8 47'55" 33-51-41 (P.B. 75, PG. 84)
_ rn m S87'49'27"W 490.63'
- - - - - - - - - - - - - - - -.
S87.49'27"W NORTH 35.00' NW 207TH STREET
737.54' OF TRACT 33
" - t34.s2' SE 1/4 OF � Ci
_ 33-51-41 O
wNIn a
z VA 00
r 1
cO�mwa o Zia � o ��' aL'i V
!n m `u1` ;Ld
ZLug, �
1N-*N
= 4
ao a D, Q
Y W o ' 0�_
IFJ� 175.00'
NO 50.00' 50.00'
75.00'
J Z 11
;oDO
1 10.00' N@2 ¢¢ wwu�-
UJ z 3z
Na r V W I IOnM
Y� W j �Z
�w 3t � m 1 5.00' �LLmm 0§2) �I> \rzcD
crii�a � J� j 1 y y0�� �jm w n W wvl¢a
w0° � H ¢ x zoo ¢ a N � e I alvlw„��d
o� cn �w i o� r " ^ p N wo
C6 5.00' a+ n O zd �m
w
a PORTION OF 1 Ua In � � I voil?aU�
TRACT33 ;
cn w - - -- 1 405.00' I Z N°7
LU u) PORTION OF r.Z i w I r
r, _
TRACT 34 ( w
N 444.65' M
Y w 1 to H 58749'27'W 269.66'
L)0O- o )�^az
O g' (n w w 175.00'
m a o J ��Na74s'27"E DETAIL:
00 0. 39.65' STRIP#1
w a v P.O.B.
SCALE: 1"=1T0'
Z W NW207TH501'47'25"E O
L=82.74'
N88'72'35"E 180.35' 67.84' ¢z '2 7 SINE =545.00
'
JO 137.54'
6=8'41.55
TRICE PROPERTY z
4 r Y a Q¢>Gi 5874927 �2.08'
CL O w- I o_a m� 7.
CENTERLINE TABLE o Z�`w n c� STRIP#10.00'
LINE/ LENGTH BEARING a' H CO 6 inj Z uN)��>N (pUMpPOINT "A"
L1 27.89' SO4'25'26'E in wW a LL O W Z m STATION2.00'
L2 12.00' SO4'25'26"E 3 r O w Q-a AREA) POINT "B"
L3 39.61' SO4.25'26"E vl
L4 66.89' S4023'00"W a w Of c)Roo STRIP#2
L5 202.64' S01I3.34"E LU
13.69' •1 "W W P.O.B. 1 00'
(SEEPOINT "C
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN SHEET
ALL SHEETS ARE COMBINED,FORMING THE COWLETE DOCUMENT. 401`41)E10.00,
r-'-r.�"R�-i i.: ,9- v.9n$.s... \Fl.='15'9%D p.\bm 4E cuwxs\o'm\unnr EAsEWENr\WA02-ml C-,,- --L..,. '._ -i,.1"-D14-.;
DRAWING No. 2274-SS-010 IFIELD BOOK: N/A
PROJECT: CROSS EASEMENTS AGREEMENT
DATE: REV DATE: BEC ORDER III SHEET DRAwNBYCLIENTRELATED URBAN DEVELOPMENT GROUP
06-24-2019 03-86002 3 OF 4 AJR
-",4' BISCAYN E '.URVEYORS
NON�Its 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON.FL 33431
PLA., TEL. (305)324-7671 TEL. (561)609-2329
ENGIN E E R I N G sjNcE Ieee• I EMAIL:INFOQBISCAYNEENGINEERING.COM• WEBSITE:WWW.BISCAYNEENGINEERING.COM
BNMWCH TO ACCOMPANY
?aBQAkL DENCRIPWION
COMMONS PROPERTY
MIAMI GARDENS, FLORIDA
q� UTILITY EASEMENT
\t EXHIBIT "D" GRAPHIC SCALE
0' 50' 100' EAST 1/4 CORNER
33-51-41, AND
NORTH LINE OF THE L=82.74' NE CORNER
SE 1/4 OF 33-51-41 R-545.00' NE 1/4 OF OF TRACT 33
AND NORTH LINE TRACT 33 4 847'55" 33-51-41 (P.B. 75, PG. 84)
S87'49'27"W 625.00'
S87'49'27"W NORTH 35.00' NW 207M�E'ET
737.54' OF TRACT 33 ;
SE 1/4 OF
POINT "e'er 33-51-41
O'N(4ng1l -
zYF0�0 ��� I. , \\
UL� L11 I _
UmWO- ZwU i 3c m }W��
w L o �W)< i i�n a O W LL 3w U
z�S� E Q o!acnm I cq
3 Oi j CO co LU O O 0 _ 175.00'F —moi
Y. ton O °'• ! z LU 0-a v 50.00' 50.00' [ -75.00'
g Z n ' a0� F�1 I
wNa Z 10.00' �3n ��� QMv
O w a I z r�
6-0c� 0 W N z 3 V) HW� ��jIW \E~n?a
En a J LUQ Z to Ol w h w Q
Oa N ui
z0C5 toIn
O O !
OP
�O 'F n n R: Cq I � wzM
! 0 N V FF�� Q
a PORTION OF ! U Q o N I I J a
TRACT 33i Z
Lo PORTION OF V' 405.00' a I
I
w 6 w e7
`' TRACT 34 444
! Z
.65'
j S874927'W 269.66'
W � ��Z i f5 �
175.00uj
F-^ o ! -N87'49'27"E
Y C7 Vww39.65'
pS01'47'25"E p
ON88'7235E 78067.84' z zSYMBOLS AND ABBREVIATIONS:
J ODELTA /CENTRAL ANGLE
w a cli \\\lll F Z ALTA - AMERICAN LAND TITLE ASSOCIATION
u-F O Q> NSPS = NATIONAL SOCIETY OF PROFESSIONAL
W a O \� X Q CO r` SURVEYORS
w w F- L� L = ARC LENGTH
R. z N w LL j y a LB - LICENSED BUSINESS
o �roM O V) �j O.R.B. = OFFICIAL RECORDS BOOK-aPOz In} P.O.B. - POINT OF BEGINNING
a tWo O w z m PG. - PAGE
U F3 F °a a s P.O.C. a POINT OF COMMENCEMENT
a W y w P.B. = PLAT BOOK
E, a W 2 0 0 P.O.T. = POINT OF TERMINUS
LU U R = RADIUS
W R/W - RIGHT OF WAY
S.R. - STATE ROAD
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN
ALL SHEETS ARE COMBINED,FORTING THE COMPLETE DOCUMENT.
='t .2a -.e-•.•..s'F�:I ea �;=f.>- 'FFnr7S\86000'.\aW M C0WW0NS\DMe\UDUli FASEWB T,86D02-m9 C—N-0m UW,Eae h-FX. T112(Vic.)
DRAWING No. 2274-SS-010 FIELD BOOK: N/A
PROJECT: CROSS EASEMENTS AGREEMENT
DATE: REVDATE: BECORDER# SHEET DRAWN BYCLIENTRELATED URBAN DEVELOPMENT GROUP
06-242019 03-86002 4 OF 4 1 AJR
BISCAYNE suwAYORs 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,SOCA RATON,FL 33431
ENONEERE TEL. (305)324-7671 TEL (561)609-2329
PLANNBtL
ENG 1 NEER 1 N G •siHcE ie9e• I EMAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE WWW.BISCAYNEENGINEERING.COM
Exhibit"E"
(Retail Property Easement Area)
8KETCH 9'® ACCC}KlmJLNY
LIOC LL DEBICEUIPWr ION
RETAIL PROPERTY
MIAMI GARDENS, FLORIDA
UTILITY EASEMENT
EXHIBIT "E"
LEGAL DESCRIPTION FOR EXHIBIT E' (UTILITY EASEMENT):
A STRIP OF LAND 1N THE RETAIL PROPERTY, 10.00 FEET IN WIDTH, IN SEC77ON 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST,
BEING A PORTION OF ]FACT 34, 'EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION" ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF A41AM1—DADE COUNTY, FLORIDA; LYING
5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE.-
COMMENCE
ENTERLINE:COMMENCE AT THE EAST ONE—QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING THE NORTHEAST CORNER OF
SAID TRACT 33, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
75, PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 160, PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE S87'4977'W
ALONG THE NORTH LINE OF THE SOUTHEAST ONE—QUARTER (SE. 1/4) OF SAID SECTION 33, BEING COINCIDENT WITH THE
NORTH LINE OF SAID TRACT 33, A DISTANCE OF 435.96 FEET, THENCE S0270'337E, A DISTANCE OF 461.79 FEET TO THE
POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED CENTERLINE; THENCE S887235'W, A DISTANCE OF 35.31 FEET TO
THE POINT OF TERMINATION OF THE HEREINABOVE DESCRIBED CENTERLINE;
THE SIDELINES OF SAID 10.00 FEET WIDE STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS REQUIRED TO
TERMINATE IN THE WESTERLY LINE OF THE RETAIL PROPERTY, BEARING S0147257E, AND TO FORM A CLOSED FIGURE.
NOTES:
1. UTILITY EASEMENT GEOMETRY DETERMINED BY CLIENT
AND DERIVED FROM AS—BUILT SEWER SURVEY PREPARED
BY JOHN IBARRA k ASSOCIATES, INC ON 10/05/2016, SURVEYOR'S CERTIFICATION:
SURVEY NO. 15004512-3. 1 hereby certify that the attached "SKETCH TO ACCOMPANY LEGAL
DESCRIPTION' was prepared under my responsible charge and complies with
2. EASEMENTS AND/OR RESTRICTIONS OF RECORD ARE the Standards of ProcBce for Surveying and Mapping as set forth by the
NOT SHOWN HEREON. State of Florida Board of Professional Surveyors and Mappers in Chapter
5J-17, Florida Administrctiva Code, pursuant to Chapter 472.027, Florida
3. REFERENCED BISCAYNE ENGINEERING ALTA/NSPS Statutes.
SURVEY: ORDER 03-85824, DC-5859, DATED Not valid without the original signature and seal of a Florido Licensed
06-23-2017. Surveyor and Mapper.
4. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED THIS IS NOT A SURVEY.
MERIDIAN, REFERENCED TO THE NORTH LINE OF THE
SOUTHEAST ONE—QUARTER OF SECTION 33, TOWNSHIP 51 Biscayne Engineering Company, Inc.
SOUTH, RANGE 41 EAST, HAVING A BEARING OF 529 West Flagier Street, Miami, FL. 33130
S87.49'27'W. (305)-324-7671
State of Florida Department of Agriculture
5. THE LIMITS OF THE EASEMENT STRIP WILL NOT EXCEED LB-000
0129 DATE., 06-26-2
4-2079
THE BOUNDARIES OF THE RETAIL PROPERTY AS SHOWN
HEREON.
6. '33-41-51" SHOWN ON SKETCHES INDICATES
"SECTION—TOWNSHIP SOUTH-RANGE EAST' ---------
Alberta J. Roblone4 far the 6rm
Professional Surveyor and Mapper No. 7218
7. THIS IS NOT A SURVEY. State of Forido
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION 15 VAUD ONLY WHEN
ALL SHEETS ARE COMBINED,FORMING THE COMPLETE DOCUMENT.
DA1Fdm 24, 2019-1V57W EST Al[:\\0.-D2\M.S\9RWY\FVaCM`.,•`n,' •5\DVC\U7411Y tASE1EH'.N. -Ir,e Canmmv-Gym UHity[menmb-ty
DRAWING No. 2274-SS-01E FIELD BOOK: N/A
PROJECT: CROSS EASEMENTS AGREEMENT
DATE: REVDATE: BEC ORDER# SHEET ORAVJNBYCLIENTRELATED URBAN DEVELOPMENT GROUP
06-24-2019 03-86002 1 OF 2 AJR
SURVEYORS
RS 529 W.FLAGLER ST.MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
BISCAYNE EN
PLANNERS TEL. (305)324-7671 TEL (561)609-2329
ENGINEERING SINCE 1e"N• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE:WWVJ.BISCAYNEENGINEERING.COM
BREWCH TO ACCOMPANY
LZOALL DEBORIPWIOR'
RETAIL PROPERTY
MIAMI GARDENS, FLORIDA
UTILITY EASEMENT
EXHIBIT "E" GRAPHIC SCALE
0. 50' t00' EAST 1/4 CORNER
e _NORTH LINE OF THE 33-51-41, AND
NE CO
SE 1/4 OF 33-51-41 -82.74 NE 1/4 OF OF TRACTNER 33
AND NORTH LINE TRACT 33 = '
a8*4141'55S5" 33-51-41 (P.B. 75, PG. 84)
S87'49'27"W _ _ 435.96'
S87'49'27"W NORTH 35.00' 1 r NW 207TH STREET
137.54' OF TRACT 33
�-- — SE 1/4 OF �
33-51-41 I co!
I WNN4la I a
ZYrm
°
��� QWM
mWa u z 0aLLj
w o ulna I N 3w W U
z�gn a �n�
�3XI 3
-'m rn LLN N
ell Ir� os
�175.00 '
(no a a sY0.00' 50.00' 75.00'
Z ta vN@ pi w ; <
NZ
OZnj
z
� �zW
00 � 0
w Iw [n¢amew
W m If)COMMONS man
uj
s 7n Icc l I 'o I O
o PROPERTY I Na I pW f a I Q m
m NO I w 1'I m
a PORTION OF N I I <n ? r
TRACT 33 I I Z I F Q
PORTION OF Z 405.00' w I
LU y1
TRACT34 g 444.65'
V I 5874927"W 269.66'
U) W
175.00' �.
o I �N87'49'27"E
Ia— WESTERLY LINE o 39.65'
N[n U OF THE RETAIL
U o CL PROP135 \
SO1'4T25"E 0
m$n 88'12'35"E 67.84' Z SYMBOLS AND ABBREVIATIONS:
3 m 0 0 A - DELTA / CENTRAL ANGLE
w E, F Z(A ALTA a AMERICAN LAND TITLE ASSOCIATION
LL F f� Q a>� NSPS = NATIONAL SOCIETY OF PROFESSIONAL
O G Q m r SURVEYORS
L = ARC LENGTH
w�` O ~C7 LB = LICENSED BUSINESS
Z wLLteNM � O�U)cy O.R.B. = OFFICIAL RECORDS BOOK
n Z In> P O.B. - POINT OF BEGINNING
T NNI� LL O w Z m PG. - PAGE
3 O E a a a P.O.C. = POINT OF COMMENCEMENT
QD to W P.B. = PLAT BOOK
CD W D: S 0 O P.O.T. - POINT OF TERMINUS
TRICE to w U R = RADIUS
PROPERTY > R/W - RIGHT OF WAY
S.R. - STATE ROAD
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN
ALL SHEETS ARE COMBINED,FORMING THE COMPLETE DOCUMENT.
c't ! -'..'.lig v-G2.:t.I�..3.v= f.Fr.I rIS`;95�OL�.^l: 'kN2-Ine C--trove Utity[u ts-IXHW-f dtl;
DRAWING No. 2274-SS-01E FIELD BOOK: N/A
PROJECT: CROSS EASEMENTS AGREEMENT
DATE: REVDATE: BECORDER# SHEET II
DRAWN BY CLIENT RELATED URBAN DEVELOPMENT GROUP
06-24-2019 03-86002 2 OF 2 AJR
BISCAYN E SLAMYORS
� 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON.FL 33431
►LAN1�s TEL. (305)324-7671 TEL (561)609-2329
E N G I N E E R I N G •SINCE 1898•I E-MAIL:INFOCBISCAYNEENGINEERING.COM • WEBSITE:WWW.BISCAYNEENGINEER ING.COM
Exhibit"F"
(Trice Property Easement Area)
NXENPCH 9"O ACCOMIPJL "Y'
LBQJ ,L DE38CRIPWION
TRICE PROPERTY
MIAMI GARDENS, FLORIDA
UTILITY EASEMENT
EXHIBIT "F"
LEGAL DESCRIPTION FOR EXHIBIT F" (U77LITY EASEMENT):
A STRIP OF LAND IN THE TRICE PROPERTY, 10.00 FEET IN WIDTH, IN SEC77ON 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST,
BEING A PORTION OF TRACT 34, "EVERGLADES SUGAR AND LAND COMPANYS SUBDIVISION" ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA; LYING
5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING THE NORTHEAST CORNER OF
SAID TRACT 33, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
75. PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 160, PAGE 34, BOTH OF THE PUBLIC RECORDS OF A41AMI-DADE COUNTY, FLORIDA; THENCE S8749'27"W
ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECT70N 33, BEING COINCIDENT W4TH THE
NORTH LINE OF SAID TRACT 33, A DISTANCE OF 435.96 FEET, THENCE S0270337E, A DISTANCE OF 461.79 FEET,
THENCE S88'7235"W, A DISTANCE OF 35.31 FEET TO A POINT BEING ON THE EASTERLY LINE OF THE TRICE PARCEL, SAID
POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED CENTERLINE,- THENCE CON77NUE
58872"35"W, A DISTANCE OF 82.97 FEET; THENCE 501'39'36"E, A DISTANCE OF 27.52 FEET TO THE POINT OF
TERA41NA77ON OF THE HEREINABOVE DESCRIBED CENTERLINE,'
THE SIDELINES OF SAID 10.00 FEET WIDE STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS REQUIRED TO
TERMINATE IN THE THE EASTERLY LINE OF THE TRICE PARCEL, BEARING SOl'47'25"E, AND TO FORM A CLOSED FIGURE.
NOTES:
1. UTILITY EASEMENT GEOMETRY DETERMINED BY CLIENT
AND DERIVED FROM AS-BUILT SEWER SURVEY PREPARED
BY JOHN IBARRA & ASSOCIATES, INC ON 10/05/2016, SURVEYORS CERTIFICATION.•
SURVEY NO. 15004512-3. 1 hereby certify that the attached "SKETCH TO ACCOMPANY LEGAL
DESCRIPTION"was prepared under my responsible charge and complies with
2. EASEMENTS AND/OR RESTRICTIONS OF RECORD ARE the Standards of Practice for Surveying and Mapping as set forth by the
NOT SHOWN HEREON. State of Florida Board of Professional Surveyors and Mappers in Chapter
5J-17, Florida Administrative Code, pursuant to Chapter 472.027, Florida
3. REFERENCED BISCAYNE ENGINEERING ALTA/NSPS Statutes.
SURVEY: ORDER 03-85824, DC-5859, DATED Not valid without the original signature and seal of a Florida Licensed
06-23-2017. Survewr and Mopper.
4. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED
MERIDIAN, REFERENCED TO THE NORTH LINE OF THE THIS IS NOT A SURY£Y.
SOUTHEAST ONE—QUARTER OF SECTION 33, TOWNSHIP 51 Biscayne Engineering Company, Inc.
SOUTH, RANGE 41 EAST, HAVING A BEARING OF 529 West Fiogter Street, Miami, FL. 33130
587'49'27"W. (305)-324-7671
State of Florida Deportment of Agriculture
5. THE LIMITS OF THE EASEMENT STRIP WILL NOT EXCEED LB-000
DATE: 06-26-2
4-2019
THE BOUNDARIES OF THE TRICE PROPERTY AS SHOWN
HEREON.
6. "33-41-51" SHOWN ON SKETCHES INDICATES
"SECTION—TOWNSHIP SOUTH—RANGE EAST' ---------
Alberto J. Rabionet, for the firm
Professional Surveyor and Mapper No. 7218
7. THIS IS NOT A SURVEY. State of Rorida
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION ISVAUD ONLY WHEN
ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
?CtY-Iks'pr.EstI UnlnY E66TYExg66002-ID,Can,rsns-Tam Vtbtl eac:,-. „na1-fOq
DRAWING No. 2274-SS-01F FIELD BOOK: N/A
PROJECT: CROSS EASEMENTS AGREEMENT
DATEREVDATE. BEC ORDER III SHEET DRAM BVCLIENTRELATED URBAN DEVELOPMENT GROUP
06-24-2019 03-86002 1 OF 2 1 AJR
SURVEYORS 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
ENGINEERS TEL. (305)324-7671 TEL (561)609-2329
BISCAYHE
PLANNERS
N
E N G I N E E R G E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE:WWW.BISCAYNEENGINEERING.COM
BREECH z+0 ACCOMPANY
LZMALL DEDCRIPWION
TRICE PROPERTY
MIAMI GARDENS, FLORIDA
UTILITY EASEMENT
EXHIBIT
"F" GRAPHIC SCALE
` O' 50' 100, EAST 1/4 CORNER
6•E.c -60m� 33-51-41, AND
NORTH LINE OF THE L=82.74' NE CORNER
SE 1/4 OF 33-51-41 R--545.00' NE 1/4 OF OF TRACT 33
AND NORTH LINE TRACT 33 d=8.41'55" 33-51-41 (P.B. 75, PG. 84)
_ S8749'27"W435.96'
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R \ 67.84' z SYMBOLS AND ABBREVIATIONS:
m" g O d = DELTA / CENTRAL ANGLE
W a W iV \\\lll I-Z N ALTA - AMERICAN LAND TITLE ASSOCIATION
"mj n O w r U<>_ NSPS = NATIONAL SOCIETY OF PROFESSIONAL
y n N ~ F W Z el) N v a OWN, 0 O 1-- SURVEYORS
p z z O w r•n w L� a Hof<m L = ARC LENGTH
p w r a ;t ; z 1n Lwi1 a LL LB - LICENSED BUSINESS
(n d 0r w z - n n P4 Oto ni O.R.B. = OFFICIAL RECORDS BOOK
N 0- � M S v�''1 z O} P.O.B. POINT OF BEGINNING
w �$ T n o O o<a PG. = PAGE
P.O.C. POINT OF COMMENCEMENT
w 000 V) (Eck P.B.
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N < R(D O P.O.T. = POINT OF TERMINUS
TRICE w R = RADIUS
PROPERTY > R/W RIGHT OF WAY
S.R. STATE ROAD
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN
ALL SHEETS ARE COMBINED,FORMING THE COMPLETE DOCUMENT.
R 9� S.s Fri. r.x..ewm H Ca+aMS\M\MTM EAsTWENr,81M)7-0"C—-o-UW,F—t.-aNaTjav
DRAWING No. 2274-SS-01F FIELD BOOK: N/A
PROJECT: CROSS EASEMENTS AGREEMENT
DATE: I REV DATE: BECORDER# SHEET DRAWNBYCLIENTRELATED URBAN DEVELOPMENT GROUP
06-24-2019 03-86002 20F 2 AJR
BISCAYNE = 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON.FL 33431
PLANNats TEL. (305)324-7671 TEL. (561)609-2329
ENGINEERING •SINCE 1898• EMAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE WWW.BISCAYNEENGINEERING.COM
Exhibit"G"
(Easement Area)
INRaWCH To JLCC01N11PJrY
LZOA . DZINCIR=pWIoN
COMMONS, TRICE, & RETAIL PROPERTIES
MIAMI GARDENS, FLORIDA
UTILITY EASEMENT
EXHIBIT "G" GRAPHIC SCALE
D' 50' 100EAST 1/4 CORNER
e'E'C• 33-51-41, AND
NORTH LINE OF THE
L=82.74' NE CORNER
SE 1/4 OF 33-51-41 R=545.00' NE 1/4 OF OF TRACT 33
AND NORTH LINE TRACT 33 Q=8'41"55" 33-51-41 (P.B. 75, PG. 84)
S87'49'27"W 625.00'
587'49'27"W NORTH 35.00 NW 207TTi STREET _
137.54' OF TRACT 33
- - I SE 1/4 OF
H� ! 33-51-41
NI
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i S8749'27'W 269.66'
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N i 39.65' NOTE: SEE EXHIBTS D, E. & F FOR
! ` LEGAL DESCRIPTIONS OF EASEMENTS
U 0 c�a N88'12'35"E ! 180.35' \ S01'47'25"E o
08 n r----'- 67.84' ¢Z SYMBOLS AND ABBREVIATIONS:
m 3 m i \ A j O A - DELTA / CENTRAL ANGLE
w d it F z(q ALTA - AMERICAN LAND TITLE ASSOCIATION
Ix w F,r U< NSPS = NATIONAL SOCIETY OF PROFESSIONAL
ii N W Ow\ Q 0 O r SURVEYORS
2 n cv w a' w I <m L = ARC LENGTH
m r w W F S w a zLO N LL j LB = LICENSED BUSINESS
=O y 0. m j W 0. O o n O y U N O.R.B. = OFFICIAL RECORDS BOOK
w aNW h O W z m PG B. a PPOINT OF AGE BEGINNING
p" �' 3 a a
F a P.O.C. - POINT OF COMMENCEMENT
Hn -+ P.B. = PLAT BOOK
V IX w 0 O P.O.T. = POINT OF TERMINUS
a LU U _
F RADIUS
> R/W RIGHT OF WAY
w S.R. = STATE ROAD
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN
ALL SHEETS ARE COMBINED,FORMING THE COMPLETE DOCUMENT.
D•'t r 14 ?C9-V I",,.`;I I.f 9a .�Ufa,:{,S� Y+:,, '��EdYJG'��BbN:'11Y CONu,45\DMG'..0:.lr(IIl u!',':BE��'_Rio Gn,rens-G:a LI, ,,.t - •H �.:
DRAWING No. 2274-SS-01G FIELD BOOK: N/A
PROJECT: CROSS EASEMENTS AGREEMENT
DATE: REV DATE: I BEC ORDER# SHEET DRAWNBYCLIENTRELATED URBAN DEVELOPMENT GROUP
06-24-2019 03-86002 1 OF 1 AJR
BISCAYN E H:uRverORs 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH S7,BOCA RATON,Fl 33431
ENONiRf TEL. (305)324-7671 TEL. (561)609-2329
PLAM16RS
ENGINEER 1 N G •SINCE 1898• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE WWW.BISCAYNEENGINEERING.COM
Prepared By/Record&Return To:
Robert Erdman,Esq.
Quintairos,Prieto,Wood&Boyer,P.A.
Attorneys'Title Services,LLC
12428 San Jose Blvd,Suite 1
Jacksonville,Florida 32223
SEWER LIFT STATION AND SEWER LINE MAINTENANCE AGREEMENT
THIS SEWER LIFT STATION AND SEWER LINE MAINTENANCE AGREEMENT
(this"Agreement"),is hereby made and entered into this_day of 2019,by
and between, RUDG-THE COMMONS, LLC, a Florida limited liability company (hereinafter
referred to as "Commons"), whose address is: 1000 NW 1st Avenue, Suite 100, Miami, FL
33136; RUDG-THE COMMONS RETAIL, LLC, a Florida limited liability company,
(hereinafter referred to as "Retail"), whose address is: 315 S. Biscayne Blvd, 4h Floor, Miami,
Florida 33131; and Jessie Trice Community Health System, Inc., a Florida not-for-profit
corporation (hereinafter referred to as "Trice"), whose address is: 5607 NW 27h Avenue, Suite
1, Miami, Florida 33142, who do hereby mutually and irrevocably grant, covenant and agree as
follows:
RECITALS
WHEREAS, Commons is the owner in fee simple of that certain real property situated in
Miami-Dade County, Florida commonly referred to as 20690 NW 27th Avenue, Miami Gardens,
Florida 33056, and being more particularly described on Exhibit "A" attached hereto and
incorporated herein by reference(hereinafter referred to as the"Commons Property"); and
WHEREAS,Retail is the owner in fee simple of that certain real property situated in Miami-
Dade County, Florida commonly referred to as 20690 NW 27th Avenue, Miami Gardens, Florida
33056,and being more particularly described on Exhibit"B"attached hereto and incorporated herein
by reference(hereinafter referred to as the"Retail Property"); and
WHEREAS,Trice is the owner in fee simple of that certain real property situated in Miami-
Dade County,Florida commonly referred to as 2744 NW 207th Street,Miami Gardens,Florida 33056
and being more particularly described on Exhibit "C" attached hereto and incorporated herein by
reference(hereinafter referred to as the"Trice Property"); and
WHEREAS, the Commons Property, the Retail Property, and the Trice Property are
sometimes referred to herein as the"Properties"; and
WHEREAS, Commons, Retail, and Trice are sometimes referred to herein as the
"Owners"; and
WHEREAS, the Commons Property contains a sewer lift station (the "Lift Station")
which was installed for the purpose of providing sanitary sewer service to the Retail Property,the
Commons Property and the Trice Property; and
WHEREAS,a utility site plan as prepared by Modis Architects under Job No.: 15113 (the
"Utility Site Plan") depicting the location of the Lift Station upon the Commons Property is
attached hereto as Exhibit"D" and incorporated herein by reference; and
WHEREAS, the Lift Station is identified on Exhibit "D" as "Exist[ing] Private Sanitary
Pump Station"; and
WHEREAS,the Trice Property and the Retail Property may currently access the services
of the Lift Station via a certain eight inch (8") sanitary main as identified on the Utility Site Plan
as"Exist[ing] 8"Private Sanitary Main"(the"Access Main"); and
WHEREAS, the currently intended respective tie in points to the Access Main for the
Trice Property and the Retail Property are depicted on the Utility Site Plan as "Retail Sewer
Connection Point" (the "Retail Connection") and "Trice Sewer Connection Point" (the "Trice
Connection"); and
WHEREAS,the Commons Property accesses and is tied into the Lift Station via a certain
six inch(6")private sanitary main that is separate and distinct from the Access Main; and
WHEREAS, Commons has agreed to permit Retail and Trice, and their successors in
ownership to all or any part of the Trice Property and Retail Property,to connect to the Lift Station
to provide sewer service to those parcels; and
WHEREAS, Commons and Trice have agreed to permit Retail, and its successors in
ownership to all or any part of the Retail Property, to connect to the Lift Station to provide sewer
service to the Retail Property; and
WHEREAS,the Owners have entered into this Agreement for the purpose of setting forth
their agreement with respect to the joint use of the Lift Station and the respective obligations for
future maintenance, repairs, and replacements of the Lift Station and, in the event Retail and/or
Trice connect to the Lift Station, the future maintenance, repairs and replacements of the Access
Main; and
WHEREAS, Commons, Retail and Trice have entered into a Perpetual Cross Easements
agreement for the purposes of providing sewer service to the Properties, access, making reports,
gathering data, performing maintenance, repairing, constructing, digging and any other action that
may be needed or required for the maintenance, operation and monitoring of the private wastewater
pump station and private wastewater pipes;
NOW, THEREFORE, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as
follows:
1. Maintenance. At such time as any Property is connected to the Lift Station, such Property
shall commence paying its pro rata share of all required maintenance, repair, and
replacement costs of the Lift Station,related equipment, and the payment of all permit and
2
other fees required to operate the Lift Station (hereinafter collectively "Maintenance").
After all work is complete, the surface of the Properties shall be restored to its condition
prior to the work being performed. A Property's pro rata share shall be a fraction whose
numerator is the size of the Property in square feet and whose denominator is the size in
square feet of all Properties then connected to the Lift Station. For purposes of this
Agreement,Commons Property is 87,078 square feet,the Trice Property is 90,564.9 square
feet, and the Retail Property is 165,249.3 square feet.
Commons (or its tenant or other designee) shall initially be responsible for the
Maintenance of the Lift Station, including contracting for such Maintenance as shall be
required from time to time. For performing such services, Commons(or its tenant or other
designee) shall be entitled to an administrative fee of five percent (5%) of the costs
incurred, which shall be paid pro rata by the owners of the Properties which have been
connected to the Lift Station. Unless the cost of such Maintenance exceeds the sum of
$1,000.00 per event (increasing by two percent (2%) per annum from the date of hereof),
Commons (or its designee) shall initially pay such costs, and the owners of the remaining
Properties connected to the Lift Station shall pay their pro rata share within thirty(30)days
of receipt of a bill therefor. In the event the cost of any Maintenance exceeds the aforesaid
threshold sum,then the participating Owners shall pay their pro rata share(after receipt of
a statement therefor) within sufficient time to permit Commons to pay for such
Maintenance in a timely manner.
Responsible Owner, later described herein, shall notify all of the other Owners of
the necessity for such Maintenance, except in the event of an emergency (which shall
include actual or imminent danger to person or property and required action on account of
governmental requirements for which there is insufficient time for a notice)in which event
no notice will be required.
Maintenance shall be performed by licensed contractors with at least
$1,000,000/$2,000,000 of liability insurance;prior to commencement of any Maintenance,
the Owner(s) of the Property(s) on which the pipe(s) are located shall be named as
additional insureds.
At such time as the next property owner(whether the Trice Property or the Retail
Property) connects to the Lift Station, the responsibility for the Maintenance shall shift
from the Commons to such Owner(or its tenant or designee)who shall thereafter perform
the services described in this paragraph as well as maintain the Access Main, and shall be
entitled to the administrative fee and shall bill the other Property Owners for their pro rata
share of Maintenance, except that Commons shall have no responsibility whatsoever to
maintain or otherwise share in any expenses to maintain the Access Main (hereinafter
referred to as the "Responsible Owner"). In the event the Owner of the Property (or its
tenant or other designee) responsible for Maintenance fails to undertake required
Maintenance within the thirty(30)days after written notice of such failure,then the Owner
of the Trice Property,or if such Owner refuses then the Owner of the Retail Property,or if
such owner refuses, then the Owner of the Commons Property, shall be entitled to take
3
over responsibility for such Maintenance, which shall otherwise be governed by this
Agreement.
Each Owner agrees that it shall not cause or permit its tenants or other users on
its Property to introduce items into the Lift Station that would cause blockage or damage
to the Lift Station, other equipment or the Access Main. In the event blockage or damage
is caused by materials introduced into the system from a particular Property (and
identifiable as such), such Owner and its tenants and occupants shall be responsible
for the cost of clearing such blockage and repairing such damage.
2. Extension of Water and Sewer Service to Retail Property. Trice acknowledges that in order
to extend water and sewer service to the Retail Property, it is necessary for Retail to have
access to the Trice Property in order to install pipes within the dotted area more particularly
shown on Exhibit "E" attached hereto (the "Trice Property Easement Area"), and in
furtherance thereof,Trice hereby grants to Retail a perpetual easement to install,maintain,
repair and replace water and sewer pipes in the Trice Property Easement Area, subject to
the following: (a) except in the event of an emergency, prior to accessing the Trice
Property Easement Area, Retail shall give Trice not less than five (5) days' notice; (b) all
work will be performed by contractors providing liability insurance naming Trice as an
additional insured and with minimum limits of$1,000,000/$2,000,000; (c) any required
Notice of Commencement will list the owner of the portion of the Retail Property
performing such work as Owner and Trice as fee simple owner; and (d) all work will be
pursued diligently. Trice agrees that there will be no improvements in, under or on the
Trice Property Easement Area other than pavement or any improvements required by law.
3. Lien for Unpaid Costs. In the event any Property owner fails to pay its pro rata share of
the cost of Maintenance within 30 days after receipt of a bill, any sums owed shall bear
interest at the highest rate allowed by law from the date of the bill notice through the date
paid,and the Property owner or owners paying such defaulting Property owner's share shall
be entitled to a lien upon the Property of the defaulting Property owner, which lien shall
become effective upon filing a notice of lien in the Public Records of Miami-Dade County,
setting forth in reasonable detail the amount of the unpaid charge. In addition to the unpaid
charge, such lienors shall be entitled to recover interest at the rate provided for judgment
liens under Florida law from to time, together with reasonable costs and expenses of
enforcement,including reasonable attorney's fees,paralegal fees, and court and other costs
incurred in collecting the amounts owed,together with interest on all of the foregoing.Any
such lien may be foreclosed in same manner as provided for foreclosure of mortgages in
the State of Florida.
4. Subdivision of Properties. If any of the Properties is subdivided,then: (i)each subdivided
portion shall be a Property herein; (ii)the owners of each subdivided portion shall each be
an Owner herein; (iii) the provisions of Section 2 hereof shall be deemed to have been
modified simultaneously with the subdivision so that each separate Property pays its
proportionate share of all expenses set forth herein based on relative sizes of all Properties;
and (iv) if the subdivided Property is owned by the then Responsible Owner, then at the
time of the subdivision one of the newly created Properties must be designated by the
subdividing Owner as the Responsible Owner,with such notification being confirmed in a
4
notification to all other Owners and by recording a notice in the Public Records that
references this Agreement.
5. Term and Amendment. This Agreement shall become effective upon its recordation in
the Public Records of Miami-Dade County, Florida, and shall run with the land,
regardless whether specifically mentioned in any subsequent deed or conveyance of any
Property, and shall be binding on all persons subsequently acquiring all or any part of
the Properties. This Agreement may be amended and modified only by an instrument
executed by all of the owners of the Properties. No amendment shall become effective
prior to a duly executed and acknowledged copy being recorded in the Public Records of
Miami-Dade County, Florida.
6. Estoppel Letter. Each of the Owners agree to execute an estoppel letter within fifteen(15)
business days after request from any other Owner. The estoppel letter shall confirm
whether there are any amounts due and owing to the Owner executing the estoppel from
the Owner requesting the estoppel; and if there are any such amounts the estoppel shall
confirm the amounts owed. If any Owner fails to timely execute an estoppel letter, then
except to the extent reflected in any lien recorded in the Public records of Miami-Dade
County Florida on or before the last day of such 15 business day period or except as set
forth in any notice delivered to the requesting Owner whose receipt has been acknowledged
by such requesting Owner, it shall be conclusively presumed that the requesting Owner
does not owe any amounts to the Owner who failed to deliver the estoppel letter.
7. Default; Attorneys' . In the event of a default in this Agreement, any non-defaulting
Property owner or any tenant of a Property owner, shall be entitled to enforce this
Agreement. If a responsible party should default in the performance of its obligations under
this Agreement, and such default is not cured within thirty (30) days after receipt by the
defaulting party of written notice of the default(except in the event of an emergency when
notice may be given as soon as practicable) then the non-defaulting party providing the
notice may, in its sole discretion, elect to (i) perform such obligations, and require
reimbursement from the defaulting party and/or(ii)enforce this Agreement in any manner
permitted by law or equity. If the non-defaulting party elects to perform such obligations,
the defaulting party shall reimburse the non-defaulting party within ten (10) days after
receipt of an invoice showing the costs incurred. In the event suit is brought to enforce this
Agreement,the prevailing party shall be entitled, in addition to any other relief granted,to
recovery of reasonable attorney fees and costs.Upon failure of the defaulting party to remit
funds owed pursuant to this Agreement,the non-defaulting party shall have the right to file
a lien against the Property of the defaulting party in the amount owed, which lien maybe
enforced in the same manner as provided in Section 3 hereof.
8. Notices. Any notice given or served upon any party hereto, or their respective successors
and/or assigns, in connection with this Agreement shall be in writing, and shall be given
either (i) by United States Postal Service certified mail, return receipt requested, with
postage prepaid, and shall be deemed to have been given three (3)business days after the
notice,properly addressed,with postage prepaid,is deposited with the United States Postal
Service,or(ii)by nationally recognized,receipted, overnight courier, and shall be deemed
5
to have been given one (1) business day after depositing the notice, properly addressed,
with such courier. All notices shall be given to the Property owners at the address in the
Miami-Dade Tax Collector's Office where tax bills are sent unless a Property owner shall
have notified the other Property owners in writing of a different address for notice. Any
Property owner, or its respective successors and/or assigns may change the address for
notices by giving written notice of such change to the other Property owners,which change
shall be effective five(5) days after delivery of written notice of such change.
9. Severability. Invalidation of any term or provision of this Agreement by judgment or court
order shall not affect any of the other provisions hereof, which shall remain in full force
and effect.
10. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding
upon,the parties hereto and their respective successors and/or assigns.At such time as any
party becomes an Owner by acquiring title to all or any portion of a Property (a "New
Owner"), such New Owner shall notify the Responsible Owner of such party's name,
address and contact information. All notices to the New Owner shall be sent to the address
on the New Owner's notice, if any, and if none, then to the address on the Secretary of
State's records or to the address to which real estate tax bills are sent. For all purposes
hereof,references to each Owner shall include a reference to all Owners from time to time
of such Owner's Property as described on the respective exhibits hereto.
11. Interpretation. Unless the context otherwise requires,the use of the singular shall include
the plural and vice versa. The headings used herein are for convenience only and shall not
be given any weight in interpreting or construing the substantive provisions hereof.
12. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
13. Counterparts. This Agreement may be executed in multiple counterparts, which taken
together shall constitute a single instrument.
14. Waiver of Jury Trial. RETAIL,TRICE AND COMMONS TO THE FULL EXTENT
PERMITTED BY LAW, HEREBY KNOWINGLY, INTENTIONALLY AND
VOLUNTARILY, WITH AND UPON THE ADVICE OF COMPETENT
COUNSEL, WAIVE, RELINQUISH AND FOREVER FOREGO THE RIGHT TO
A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON,
ARISING OUT OF, OR IN ANY WAY RELATING TO THIS AGREEMENT.
[Remainder of Page Intentionally Left Blank]
6
NOTE: IF THE CLOSING WITH TRICE IS DELAYED AND RETAIL
REQUIRES THAT THIS DOCUMENT BE RECORDED OR IF NEGOTIATIONS
BETWEEN RETAIL AND TRICE TERMINATE, RETAIL WILL HAVE THE
RIGHT TO MODIFY THIS DOCUMENT TO REMOVE TRICE;
MODIFICATIONS WILL NOT CHANGE ANY SUBSTANTIVE PROVISION.
MODIFICATIONS INCLUDE CHANGING THE REFERENCES FROM TRICE
TO RETAIL (WHICH OWNS THE TRICE PARCEL) AND TO CHANGE THE
REFERENCES FROM TRICE PROPERTY TO RETAIL 2 PROPERTY.
IN WITNESS WHEREOF, the Owners have entered into this Agreement on the dates
written below.
Signed, sealed and delivered in the presence of: RUDG-THE COMMONS RETAIL, LLC, a
Florida limited liability company
By:
fitness Name:
Its: Vic President
Printed Name: wkkf
Witne
Printed Name: o c
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was executed before me and the two (2) subscribing witnesses
on this 3k:�. _day of 1 ,2019 by NIb-er-+i JA; k-0 7✓• in his
capacity as Vice-Presiden of RUDG-THE COMMONS TAIL,
DETAIL, LLC, a Florida limited
liability company, on behalf of the company, who is personally known to me or
produced as identification.
Notary Pu 1C o�PaYP�B� Notary Public Sime of Florida
Commission # GG 286583
"s:, My Commission Expires
�' December 25, 2022
7
tsi!,=; m a RUDGTHE COMMONS,LLC, a Florida limited
liability company
Witnessnn By: Urgent, Inc., a Florida not-for-profit
Printed Name: . yi l corporation
4
Its: Manager
(Z/ ,
Wit6ss By:
dg-jp�w—
Henry Crespo
Printed Name: 7. �IC4 Its: President
STATE OF F10 04C 0L
COUNTY OF A4 /^W I -
The oregoing ' ent was executed before me and the two (2) subscribing witnesses
s
on thiday of , 2019 by Henry Crespo in his capacity as President
of Urgent, Inc., a Florida n for-profit corporation, in its capacity as Manager of RUDGTHE
COMMONS,LLC, a Florida limited liability comp y, on behal company,who is
personally known to me or_produced as iden ation.
Notary Public
O,�IY PUe., ORIA VII.tAR
*MY COMMISSION#GG 070640
' EXPIRES:February 13,2021
mr9Teo� po Bonded Thru Budget Notary Services
9
Signed, sealed and d •vered in the Jessie Trice Community Health System, Inc., a
pres c of: Florida not-for-profit corporation
it e �)
Annie R.Neasman
Printed Name: Its: President
Witness
Printed Name: R MIA LiCL-S
STATE OF
COUNTY OF ' �i' VI:P—
The�oregoing ins ent was executed before me and the two (2) subscribing witnesses on this
day of , 2019 by Annie R. Neasman in her capacity as President of
Jessie Trice Commu ity H System, Inc., a Florida not-for-profit corporation, on behalf of
the company,who is personally known to me or produced
as identification.
N Pu c
,JOYCE JOHNIN
19
F} MY COMMISSION N FF 91331
EXPIRES:September 30,20
o Notary Public Unde r+r ler;
^�Af�f4d; gondedThnt
10
JOINDER OF MORTGAGEE
FLORIDA COMMUNITY LOAN FUND, INC.
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records 30899, at Page 2078 of the Public Records of Miami-
Dade County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby joins in and consents to the foregoing Sewer Lift Station and Sewer Line
Maintenance Agreement and agrees that the Mortgage shall be and is hereby made subordinate to
said Sewer Lift Station and Sewer Line Maintenance Agreement.
FLORIDA COMMUNITY LOAN FUND, INC., a
Florida not for profit corporation
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2019, by in his / her
capacity as the
of
a on its
behalf. Such person is personally known to me or produced
as identification.
Notary Public
11
JOINDER OF MORTGAGEE
MIAMI-DADE COUNTY
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records O.R. Book 29850,Page 334,Public Records of Miami-
Dade County Florida, in the original principal amount of$718,560.00; as further secured by that
certain Collateral Assignment of Leases, Rents and Contract Rights, of even date, recorded in
Official Records Book 29850, Page 360; and that certain UCC-1 Financing Statement by and
between RUDG-The Commons, LLC, a Florida limited liability company as Debtor and Miami-
Dade County, as Secured Party, recorded in Official Records Book 29850, Page 373; as affected
by that certain Subordination Agreement by and among(i)BANK OF AMERICA,N.A.,a national
banking association(the "Senior Lender"), (ii) MIAMI-DADE COUNTY, a political subdivision
of the State of Florida (the "Subordinate Lender"), and (iii) RUDG-THE COMMONS, LLC, a
Florida limited liability company(the"Borrower")recorded in Official Records Book 29850,Page
401, and as amended in Official Records Book 30813,page 4889, and as affected by Amendment
to RUDG The Commons Subordination Agreements recorded in Official Records Book 30813,
page 4908, and as further subordinated by and subject to the terms of that Subordination
Agreement recorded March 16, 2018 in Official Records Book 30899, page 2107,of the Public
Records of Miami-Dade County, Florida ("Mortgage"), encumbering the lands described in said
Mortgage. The undersigned hereby joins in and consents to the foregoing Sewer Lift Station and
Sewer Line Maintenance Agreement and agrees that the Mortgage shall be and is hereby made
subordinate to said Agreement
MIAMI-DADE COUNTY, a political subdivision
of the state of Florida
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by in his / her
capacity as the
of
a , on its
behalf. Such person is personally known to me or produced
as identification.
Notary Public
12
JOINDER OF MORTGAGEE
CITY OF MIAMI GARDENS
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records Book 27938, Page 4353, as amended and replaced by
Amended Mortgage Deed and Restrictive Covenant recorded September 18, 2013 in O.R. Book
28827, Page 2870, and further modified by Bifurcation of Amended Mortgage Deed and
Restrictive Covenant recorded in O.R. Book 29653, Page 2888, Corrective Bifurcation of
Amended Mortgage Deed and Restrictive Covenant recorded in O.R. Book 29850 at Page 376;
Second Amendment to Mortgage Deed and Restrictive Covenant recorded in O.R. Book 29653,
Page 2893;Third Amendment to Mortgage Deed and Restrictive Covenant recorded in O.R. Book
29653, Page 2897 and Corrective Third Amendment to Mortgage Deed and Restrictive Covenant
recorded in O.R. Book 29850, Page 383, as affected by Subordination Agreement by and among
(i) Bank of America,N.A. (Senior Lender), (ii) City of Miami Gardens(Subordinate Lender) and
(iii)RUDG-The Commons, LLC(Borrower),recorded in O.R. Book 29850,Page 416,as affected
by that certain Subordination Agreement by and among(i) MIAMI-DADE COUNTY, a political
subdivision of the State of Florida (the "Senior Mortgagee"), (ii) The City of Miami Gardens, a
political subdivision of the State of Florida(the"Subordinate Mortgagee"), and (iii) RUDG-THE
COMMONS, LLC, a Florida limited liability company(the"Borrower") and recorded in Official
Records Book 29850, at Page 430, and as amended in Official Records Book 30813, page 4894,
and as affected by Amendment to RUDG The Common Subordination Agreements recorded in
Official Records Book 30813,page 4908, and as further subordinated by and subject to the terms
of that Subordination Agreement recorded March 16, 2018 in Official Records Book 30899, Page
2100, Public Records of Miami-Dade County, Florida of the Public Records of Miami-Dade
County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby joins in and consents to the foregoing Sewer Lift Station and Sewer Line
Maintenance Agreement and agrees that the Mortgage shall be and is hereby made subordinate to
said Sewer Lift Station and Sewer Line Maintenance Agreement.
CITY OF MIAMI GARDENS, a political
subdivision of the state of Florida
By:
Signature
Printed Name:
Its:
13
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2019, by in his / her capacity as the
of
a
on its
behalf. Such person is personally known to me or produced
as identification.
Notary Public
14
JOINDER OF MORTGAGEE
URGENT, INC./BANK OF AMERICA CALIFORNIA,N.A.
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records 29850, Page 391, Public Records of Miami-Dade
County Florida, as amended and restated by Amended and Restated AHP Mortgage and Security
Agreement (Florida) recorded March 22, 2016 in Official Records Book 30008, page 2180, as
collaterally assigned to Bank of America California, N.A. by Collateral Assignment of Mortgage
and Security Agreement recorded in Official Records Book 30008, Page 2194, as amended by
Amendment to Mortgage recorded January 3, 2018 in Official Records Book 30813, page 4902,
and as further subordinated by and subject to the terms of that Subordination Agreement recorded
March 16,2018 in Official Records Book 30899,page 2114of the Public Records of Miami-Dade
County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby join in and consent to the foregoing Sewer Lift Station and Sewer Line
Maintenance Agreement and agree that the Mortgage shall be and is hereby made subordinate to
said Sewer Lift Station and Sewer Line Maintenance Agreement.
i
�
URGENT, INC., a /'[p?`Cd12
corporation
By: jq�t
Signature
Printede: QJ PS
Its:
rtmye.
STATE OF FCO lk( d a
COUNTY OF (14 The fo going instrument was acknowledged before me this . day of CRJ ,
2019, by, /" in his / her capacitf as the
of URGENT,
INC., a - 1'- 6 t
on its behalf. Such person is perso ally kAowh to me or pr duced
as identification.
Notary Public
�PgY PUe� ORIA ARNAV VILLAR
MY COMMISSION#GG 07
EXPIRES:February 13.2021
B"ed ThN Budget Notary
Services
15
COLLATERAL ASSIGNEE:
BANK OF AMERICA CALIFORNIA,N.A.
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2019, by in his / her capacity as the
of
a
on its
behalf. Such person is personally known to me or produced as identification.
Notary Public
16
EXHIBIT "A"
(Commons Property Legal Description)
"THE COMMONS RESIDENTIAL"
A PORTION OF TRACTS 33 AND 34, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING
THE NORTHEAST CORNER OF SAID TRACT 33, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON
27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
160 AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
S87'49'27"W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID
SECTION 33 AND THE NORTH LINE OF SAID TRACT 33, FOR A DISTANCE OF 405.01 FEET;
THENCE S01'47'25"E. ALONG A LINE LYING 405.00 FEET WEST OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS
SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 41.27 FEET TO THE POINT OF
BEGINNING AND A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF N.W. 207TH STREET AS
RECORDED IN OFFICIAL RECORDS BOOK 17813, PAGE 4115, AND OFFICIAL RECORDS BOOK
15868, PAGE 2851, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT
BEING THE NORTHWEST CORNER OF TRACT "A", OF SAID 27TH AVENUE RACETRAC, SAID POINT
ALSO BEING ON THE ARC OF A CURVE CONCAVE TO THE SOUTH (A RADIAL LINE THROUGH
SAID POINT BEARS NO6'31'22"E) HAVING A RADIUS OF 545.00 FEET AND A CENTRAL ANGLE
OF 08'41'55'; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE SOUTH
RIGHT-OF-WAY LINE OF N.W. 207TH STREET, AN ARC DISTANCE OF 82.74 FEET; THENCE
S87'49'27"W, ALONG A LINE LYING 35.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES
TO, THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR
137.54 FEET; THENCE 501'47'25"E. ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED
AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID
SECTION 33, FOR 420.51 FEET; THENCE N88'12'35"E, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, FOR 180.35 FEET; THENCE N01'47'25"W FOR 67.84 FEET; THENCE
N87'49'27"E, ALONG A LINE LYING 388.87 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES
TO, THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID
LINE ALSO BEING THE WESTERLY PROJECTION OF THE SOUTH LINE OF SAID TRACT "A". 27TH
AVENUE RACETRAC, FOR 39.65 FEET TO A POINT, SAID POINT ALSO BEING THE SOUTHWEST
CORNER OF SAID TRACT "A"; THENCE N01'47'25"W, ALONG A LINE LYING 405.00 FEET WEST
OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER
(S.E. 1/4) OF SAID SECTION 33, FOR 347.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 89,807.7 SQ. FT. MORE OR LESS (2.062 ACRES MORE OR LESS)
EXHIBIT "B"
(Retail Property Legal Description)
A PORTION OF TRACT 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, OF
SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING THE
NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANYS SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, AS SHOWN ON LAKEWOOD ESTATES,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN
ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160
AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
S87'49'27"W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33 AND THE NORTH LINE OF SAID TRACT 33, A DISTANCE OF 175.00 FEET; THENCE SOt'47"25"E,
ALONG A LINE LYING 175.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID EAST LINE ALSO BEING THE
EAST BOUNDARY OF TRACTS 33 AND 34, AS SHOWN ON SAID 27TH AVENUE RACETRAC, A DISTANCE
OF 388.88 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF TRACT
"A" OF SAID 27TH AVENUE RACETRAC; THENCE 501'47'25"E, ALONG A LINE LYING 175.00 FEET WEST
OF, AS MEASURED AT RIGHT ANGLES T0, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E,
1/4) OF SAID SECTION 33, SAID LINE ALSO BEING COINCIDENT NTH THE WEST RIGHT OF WAY LINE
OF N.W. 27TH AVENUE, AS SHOWN ON THE STATE OF FLORIDA RIGHT OF WAY MAP FOR STATE ROAD
817, SECTION 87660-2150 (87019-2501), REVISED 02/01/1973, FOR A DISTANCE OF 612.41 FEET;
THENCE N87'51'24"W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS
SHOWN ON SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK
CANAL (C-9) AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE
PUBLIC RECORDS OF MIAMI-DAD£ COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR
273.80 FEET; THENCE N01'47'25"W, ALONG A UNE BEING PARALLEL TO THE EAST LINE OF THE
SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE OF 459.10 FEET TO A
POINT OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'0043"; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC
OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 45.00 FEET
AND A CENTRAL ANGLE OF 53'00'43 ; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF
SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET TO A POINT OF TANGENCY; THENCE
N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST UNE OF THE SOUTHEAST ONE-QUARTER
(S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE OF 24.77 FEET; THENCE N88'12'35"E FOR A
DISTANCE OF 23.50 FEET; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE
OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE
OF 67,84 FEET; THENCE N87'49'27"E, ALONG THE SOUTH UNE OF SAID TRACT 'A", 27TH AVENUE
RACETRAC AND ITS WESTERLY PROJECTION (SAID SOUTH LINE LYING 388.87 FEET SOUTH OF, AS
MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER (S.E. 1/4) OF
SAID SECTION 33), FOR A DISTANCE OF 269.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 165,249.3 SQ. FT. MORE OR LESS (3.794 ACRES MORE OR LESS).
EXHIBIT "C"
(Trice Property Legal Description)
"JESSIE TRICE"
A PORTION OF TRACTS 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING
THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160 AT PAGE 34, BOTH OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN S87'49'27V ALONG THE
NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33 BEING
COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33 FOR A DISTANCE OF 625.01 FEET;
THENCE RUN 501'47'25"E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS
SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 455.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE S01'47'25"E FOR 511.81 FEET; THENCE S87'51'24"E, ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS SHOWN ON SOUTH
FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK CANAL (C-9)
AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
FOR 177.27 FEET; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 459.10 FEET TO A POINT
OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF
REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 45.00 FEET AND A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHWESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET
TO A POINT OF TANGENCY; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE
EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 24.77
FEET; THENCE S88'12'35"W FOR 156.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 90,565 SQ.FT. MORE OR LESS (2.079 ACRES MORE OR LESS).
1
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Prepared By/Record&Return To:
Robert Erdman,Esq.
Quintairos,Prieto,Wood&Boyer,P.A.
Attorneys'Title Services,LLC
12428 San Jose Blvd,Suite 1
Jacksonville,Florida 32223
ROADWAY EASEMENT AGREEMENT
This Roadway Easement Agreement(this "Roadway Agreement"or this"Agreement") is
made on this day of ,2019(the"Effective Date"),between RUDG-THE
COMMONS, LLC, a Florida limited liability company (hereinafter referred to as "Commons"),
whose address is: 1000 NW 1st Avenue, Suite 100,Miami, FL 33136; RUDG-THE COMMONS
RETAIL, LLC, a Florida limited liability company, (hereinafter referred to as "Retail"), whose
address is: 315 S. Biscayne Blvd, 4t'Floor, Miami, Florida 33131; and Jessie Trice Community
Health System,Inc.,a Florida not-for-profit corporation(hereinafter referred to as"Trice"),whose
address is: 5607 NW 27'h Avenue, Suite 1, Miami, Florida 33142, who do hereby mutually and
irrevocably grant, covenant and agree as follows:
RECITALS
A. Commons is the owner in fee simple of that certain real property situated in Miami-
Dade County, Florida described on Exhibit "A" (hereinafter referred to as the "Commons
Property").
B. Retail is the owner in fee simple of that certain real property situated in Miami-
Dade County,Florida described on Exhibit"B"(hereinafter referred to as the"Retail Property").
C. Trice is the fee simple owner of that certain real property situated in Miami-Dade
County, Florida described on Exhibit"C"(hereinafter referred to as the"Trice Property").
D. Retail, prior to or contemporaneously with the recordation of this Agreement, has
conveyed the Trice Property to Trice resulting in separate and distinct ownership of the Commons
Property,the Trice Property and the Retail Property.
E. The Commons Property, the Trice Property and the Retail Property are sometimes
referred to collectively as the Properties.
F. Commons, Trice and Retail are sometimes referred to herein collectively as the
Owners or the Parties.
G. There is a roadway(the"Commons Roadway") located on the Commons Property
and which extends from NW 2070' Street to the boundary line between the Commons Property and
the Retail Property.
H. Prior to the issuance of the first certificate of occupancy for development on the
Retail Property, a roadway(the"Retail Roadway")must be constructed allowing vehicular access
to and from the Trice Property and NW 27`h Avenue and to and from the remainder of the Retail
Property and NW 27'h Avenue.
I. The current proposed legal description of the Retail Roadway is set out on Exhibit
«D»
J. The parties,for themselves and to benefit all owners of all or any part of Properties,
as well as all of their tenants, employees, invitees, and all of their successors and / or assigns,
desire to create a Roadway Easement as provided in this Agreement and desire to set forth their
respective rights and obligations with respect to the Commons Roadway Gate as defined and
described below.
K. Trice Property is landlocked from the public right-of-way and is reliant on the
Commons Property or the Retail Property for access to and from the public street as required by
Section 28-14(F) (1)(b) of the Code of Miami-Dade County, Florida.
Now, therefore, for and in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties to this
Agreement agree as follows:
SECTION ONE.
INCORPORATION
The foregoing Recitals are true and correct incorporated into this Roadway Easement
Agreement as if fully set forth herein.
SECTION TWO.
ROADWAY EASEMENTS
A. Retail Roadway Easement General Terms: By this Agreement,Retail,and to the extent
any portion of the Roadway lies within the Trice Parcel, then Trice, grant to all owners of
all or any part of the Retail Property and Trice Property as well as their tenants,employees,
invitees, and all of their successors and/or assigns, a non-exclusive easement for access,
ingress and egress over all of those portions of the Retail Property, and the Trice Property
if applicable, on which the Retail Roadway is located (the "Retail Roadway Easement"),
and as such Retail Roadway may be relocated subject to the provisions of this Roadway
Easement Agreement and in accordance with any applicable governmental requirements.
The Retail Roadway will perpetually provide uninterrupted vehicular access to and from
NW 27th Avenue and will extend to the Retail Property property line to serve as an
extension of the Commons Roadway at such time as the gate(described in Section Three
below)is open to permit passage of emergency vehicles over the Commons Roadway.
The Parties agree that in the event of a plan of future development of all or any part of the
Retail Property, all or any portion of Retail Roadway Easement may be relocated by the
2
developer of such part of the Retail Property to such other location on the Retail Property
as will provide for uninterrupted vehicular access, ingress and egress(i)to and from all of
the Trice and Retail Property to and from NW 27th Avenue, and(ii)to and from the Retail
Roadway to and from the Commons Roadway;provided,however,the use of the Commons
Roadway by Trice and/or Retail shall be limited to passage of emergency vehicles only. In
the event any part of the Retail Roadway is relocated,Retail(or its successor in title which
is causing such relocation to occur) shall be solely responsible for all costs and expenses
of any type related to the relocation of such part of the Retail Roadway.
As to the portions of the Retail Roadway which provide access to NW 27th Avenue, the
owner of the Property on which such portions are located may change the location of those
portions by providing notice to Trice and all other owners of the Retail Property.
No Owner of any part of the Retail Property will have the right to relocate any part of the
Retail Roadway to another Owner's Property without such other Owner's consent, which
may be withheld in such other Owner's sole and absolute discretion.
The above relocation processes shall not result in any complete blockage of vehicular
access to and from NW 27h Avenue to and from the Retail Property or to and from the
Trice Property.
The Retail Roadway Easement granted in this Agreement shall be perpetual, appurtenant
to the Retail Property and the Trice Property and shall run with such Properties;provided,
however, that upon any conveyance of the Retail Roadway, or any portion of the Retail
Roadway, to the City of Miami Gardens, Florida or other political subdivision of the state
of Florida (the "City") for permanent use as public streets, and the acceptance of such
conveyance without condition or cost to the Owners shall automatically cause the portion
so conveyed to be removed from the provisions of this Easement Agreement.
B. Construction of the Retail Roadway: It is contemplated that Trice will be the first Owner
of the Retail Property and Trice Property to commence construction of improvements on
its Property; by its execution below, Trice agrees that it will do all work to construct the
Retail Roadway, at its sole cost and expense without reimbursement or contribution from
any Owner of the Retail Property. Trice agrees to construct the Retail Roadway in
accordance with all applicable governmental requirements. Trice shall have the right to
construct the Retail Roadway in the locations described on the attached Exhibits at any
time during the first six(6)months of its ownership of the Trice Property;thereafter,Trice
must receive the approval for the location of Retail Roadway from the owner of the portion
of the Retail Property on which the Retail Roadway exists, such approval not to be
unreasonably withheld or delayed. The approval described in the prior sentence is subject
to the following: (a) the approval is as to location only, and failure to respond to a request
for approval within fifteen(15)business days shall be deemed approval of construction by
Trice in the locations on the attached Exhibit; and (b) any disapproval must include an
approved required alternate location for the Retail Roadway. Prior to commencement of
construction of the Retail Roadway, Trice shall provide the then owners of the Retail
Property with the following:
3
(i). a copy of the contract with the licensed general contractor that will complete
construction of the Retail Roadway;
(ii). proof of available funds to complete the construction of the Retail Roadway
and further proof that such other owners will be able to access such funds
in the event the Retail Roadway is not completed by Trice within eight(8)
months after construction begins;
(iii) a copy of the Notice of Commencement to be filed which Notice shall list
the fee simple owner of the Retail Roadway easement area as the fee simple
owner and will list Trice as Owner; and
(iv) proof of liability insurance naming the owner of the portion of the Retail
Roadway on which such Retail Roadway will be constructed and Commons
as additional insureds and in minimum limits of$1,000,000/$2,000,000.00;
The contractor constructing the Retail Roadway must be a licensed and insured contractor
who meets the requirements of paragraph D.c.8, below and is reasonably acceptable to
Retail. Not less than ten(10)business days prior to commencement of construction of the
Retail Roadway, Trice shall provide written notice to Retail of Trice's intention to
commence construction of the Retail Roadway(the"Retail Roadway Notice"). The Retail
Roadway Notice shall include the information enumerated in subsections (i)—(iv), above
and the anticipated timing to construct the Retail Roadway.
In the event the Retail Roadway is not completed by Trice prior to the commencement of
the development of any part of the Retail Property by Retail or its successors and assigns
after the date hereof, Retail (or such successor or assign) shall have the option to complete
the Retail Roadway at Retail's expense.
C. Maintenance of the Retail Roadway: The Retail Roadway shall at all times be
maintained as a paved private two (2) lane road providing pedestrian and vehicular access
over and across the Retail Roadway. Further, the Retail Roadway shall at all times be
maintained in accordance with all applicable governmental requirements including any
requirements for landscaping, lighting, and other improvements. The maintenance
obligations of the Responsible Owner, as such term is defined in Section D.,I,b, below,
shall also include repairing and replacing (including paving and lighting) the Retail
Roadway, as is necessary. The maintenance obligations described in this paragraph(other
than construction of the Retail Roadway) are herein called the "Work"; the term "Work"
includes all hard and soft costs associated with the Work as well as all directly related
insurance obtained by the Owner performing the Work.
D. Governance of Work: The following provisions apply to the Work:
a. Retail and Trice hereby grant to the Responsible Owner (as defined below) an
easement over and across such portion of Retail's Property and Trice's Property,
respectively, as is reasonably necessary to perform the Work described below.
4
b. The Party primarily responsible for causing all Work to be completed is herein
called the "Responsible Owner". Until another Responsible Owner is designated
in accordance with the terms of this Agreement, Trice will be the Responsible
Owner who will maintain the Retail Roadway at its sole cost and expense. At any
time upon notice to the then Responsible Owner and all other Owners of the Retail
Property,either Retail(if it then owns any portion of the Retail Parcel)or the Owner
of the largest tract in the Retail Property may elect to be the Responsible Owner.
The Responsible Owner may at any time assign its obligations as Responsible
Owner to any Owner of any portion of the Retail Property, provided that the
designated Owner has confirmed to all Owners of the Retail Property that it is
willing to accept Responsible Owner's obligations, failing which the Owner of the
Trice Property shall be the Responsible Owner. The initial designation of the
Responsible Owner and any assignment or election in accordance with the
foregoing provisions shall be evidenced by a notice to all Owners of the Retail and
Trice Properties and, at the request of any such Owner,by recording a notice in the
Public Records confirming who the Responsible Owner is.
c. Whenever any Work is required:
i. Any Owner of any part of the Retail or Trice Properties may, by written
notice,notify all of the other Owners of such Properties of the necessity for
such Work (the "Initial Work Notice"). The Initial Work Notice must
specify the type of Work required.
ii. All costs of the Work shall be shared by Retail and Trice (together, the
"Assessed Owners"), in the proportions set forth on Exhibit "E".
Notwithstanding the foregoing,Trice shall be the only Assessed Owner for
so long as there is no part of the Retail Property on which construction of
improvements has begun; each Owner of any other part of the Retail
Property shall become an Assessed Owner when construction on that
Owner's Property begins.
iii. After receipt of the Initial Work Notice, Responsible Owner shall deliver
the estimated cost of the Work to the Assessed Owners (the "Work Cost
Notice"). On or before ten(10)business days after receipt of the Work Cost
Notice, the Assessed Owners shall deliver to Responsible Owner (or the
escrow agent described in paragraph e. below) each Assessed Owner's
proportionate share (as set forth on Exhibit E hereto) of such estimated
Work cost. If any Assessed Owner reasonably objects to the necessity of
such Work,such objection shall be set forth in a notice to the other Assessed
Owners delivered within such ten(10)business day period(the"Objection
Notice").Failure by an Assessed Owner to deliver an Objection Notice shall
be deemed to constitute acceptance of the performance of the proposed
Work.
5
iv. Upon receipt of each Assessed Owner's proportionate share of the estimated
Work cost, the Responsible Owner shall cause the Work to be performed.
If all Assessed Owners do not contribute their proportionate shares timely,
the other Assessed Owner shall have the option, but not the obligation, to
fund the deficiency. Unless and until all required funds are contributed,
the Responsible Owner shall not be obligated to perform any Work.
Notwithstanding the foregoing, the Parties acknowledge that failure to
comply with governmental requirements with respect to the Retail Roadway
may result in a violation notice and/or lien against a Property, and the
Assessed Owner(s)who failed to contribute their portion of the cost of the
Work shall be responsible for costs of resolving all such governmental fines
and violations.
v. In the event Responsible Owner is unable or unwilling to perform any Work
or does not provide the Work Cost Notice within twenty(20)days after the
Initial Work Notice, any other Owner of any part of the Retail or Trice
Properties may elect to perform the Work, provided such Owner provides
written notice to the other Owners of the Retail and Trice Properties of its
intentions to perform the Work not less than five (5)business days' before
commencement of the Work. If more than one Owner agrees to perform the
Work, then such Owners shall agree between themselves who shall cause
the Work to be performed. The Owner performing the Work shall follow
the above process for estimates if the Responsible Owner has not done so
and shall have access to all funds described in paragraph iii. Responsible
Owner shall be responsible for paying its proportionate share of the Work
cost.
vi. In the event of an emergency(which shall mean likely immediate harm to
persons, property or business operations) and/or to satisfy or discharge a
lien resulting from work or the failure to maintain the Retail Roadway as
required by this Agreement and/or in response to a notice of violation from
any applicable governmental authority, any Owner of any part of the Retail
or Trice Properties may perform the Work, and all Assessed Owners shall
be liable for their proportionate share of the expenses incurred by the Owner
performing the emergency Work.
vii. Each Owner shall have a right to place a lien on the Property of the Assessed
Owner who did not pay its proportionate share of the cost of the Work
authorized herein and which deficiency was paid by the Owner placing the
lien.The lien shall be effective from and after the date of recording and shall
secure the amount paid by the Owner placing the lien on behalf of the non-
paying Assessed Owner together with interest at the highest rate allowed by
law and together with all costs of collection and including interest at the
highest rate allowed by law on such costs. Each lien shall be foreclosable
in the same manner as mortgages may be foreclosed.
6
viii. All Work shall be performed by licensed contractors who maintain at least
$1,000,000.00 per occurrence and $2,000,000.00 general aggregate in
liability insurance. Any owner of Properties underlying the Roadway on
which such Work is to be performed shall be named as additional insureds
on the contractor's policy.
d. All funds collected pursuant to the above paragraphs to perform the Work (the
"Work Funds") shall be governed by the following:
i. Work Funds shall be used solely to pay for costs and expenses associated
with the Work,including all hard and soft costs directly related to the Work.
In the event the Work Funds are paid to an escrow agent in accordance with
paragraph f(i) below, any charges owed to the escrow agent shall be paid
from such Work Funds.
ii. In the event the Work Funds are insufficient to cover all Work costs, the
Responsible Owner shall send written notice to the Assessed Owners stating
the amount of any deficiency (the "Deficiency Notice"). The Assessed
Owners shall pay each Assessed Owner's proportionate share of the
deficiency (as set forth on Exhibit E hereto) within ten (10) business days
after receipt of the Deficiency Notice. Any unpaid amounts shall be
governed by the provisions of paragraph c.above,the same as if such unpaid
amounts were described in such paragraph c.
iii. In the event the Work Funds are greater than the amount necessary to pay
all costs and expenses to complete the Work, then the Responsible Owner
and/or Owner holding such funds (or the escrow agent described below, as
the case may be)shall return to each Assessed Owner its proportionate share
of the excess(based on actual amounts contributed)within fifteen(15)days
after the Work is completed.
e. Notwithstanding the foregoing:
i. In the event the anticipated cost of the Work exceeds $25,000 or in the
event any Assessed Owner has reasonable cause to believe that the
Responsible Owner will be unable or unwilling to perform the Work,in lieu
of delivering its proportionate share of the anticipated cost of the Work to
Responsible Owner, an Assessed Owner may designate an attorney
licensed to practice law in the State of Florida as the escrow agent to hold
and disburse the funds collected from the Assessed Owners, and the
Assessed Owners acknowledge and agree to enter into any escrow
agreement reasonably required by such escrow agent; and
ii. In the event any Work is required on the Retail Roadway solely on account
of activity on one or more,but not all of the Trice and then Retail Properties,
7
or by one or more but not all Owners, which Work is separate and
distinguishable from the maintenance obligations set forth in Section 3
above, the Owner(s) who is/are responsible for the activity that caused the
Work to be required and/or the Parties who own the properties in or on
which there are activities requiring such Work, shall be solely responsible
for the cost of such Work, and at the Responsible Owner's election, either
the Responsible Owner or the other Owners described in this paragraph
shall cause such Work to be performed.
E. Insurance on Retail Roadway. The owner of the Parcel(s) on which the Retail
Roadway is located must obtain commercial liability insurance insuring all owners of
the Retail and Trice Parcels in minimum limits of $1,000,000/$2,000,000.00. The
expenses of such insurance shall be paid by the Assessed Owners in the proportions
described above, and failure of any Assessed Owner to pay its share of any such
premium shall be treated in the same manner, and shall give the paying Owner(s) the
same rights as they would have if any Assessed Owner did not pay its share of the cost
of the Work.
SECTION 3
ACCESS TO COMMONS ROADWAY
Commons agrees that the Commons Roadway will be accessible by emergency vehicles
needing access to the Retail Property and/or the Trice Property only and for no other purpose on
the following terms and conditions:
1. As of the date hereof, there is a fence which blocks all access from the Retail Property to
the Commons Roadway. Commons hereby grants to Retail and Trice the perpetual right to
install a gate in the portion of the fence which crosses the Commons Roadway (and
extending on both sides of the Commons Roadway as needed)which gate(a)will be locked
at all times except as provided in clause (b) below and (b) will be able to be unlocked by
emergency vehicles needing access to the Retail Property and/or Trice Property. The party
causing such gate to be installed will be responsible for compliance with all governmental
requirements(including any required permitting) and for payment of all expenses incurred
on account of the acquisition and installation of the gate.
2. If the gate requires repair,Commons will notify Retail and Trice,and Retail and Trice shall
cause the gate to be repaired as needed. Retail and Trice will have no liability on account
of the disrepair of the gate unless they do not take commercially reasonable efforts to
commence the repair within ten(10) days after notice from Commons and then diligently
pursue the repair.
3. In the event the gate is attached to the fence and Commons desires to replace the fence,
Commons will notify Retail and Trice, and the fence replacement will be coordinated so
that the existing gate is re-installed, if such installation will not affect the functioning of
the gate, or a new similar gate will be installed. All expenses described in this paragraph
in connection with the replacement of the fence which relate to the gate will be borne by
8
Commons.
4. Commons hereby grants Retail and Trice a perpetual easement across such portions of the
Commons Property as are required for the installation, repair, maintenance, replacement
and removal of the gate.
5. Commons shall be responsible to include the full replacement value of the gate in all
property insurance for the Commons Property, at Commons' expense. Proof of such
insurance will be provided to Retail and Trice within fifteen(15)days after written request
to Commons.
6. All work described in this Section 3 as work which is or may be performed by Retail and
Trice, will be performed by the Responsible Owner and will be paid for in the same
proportions as the Work described above. Notwithstanding the foregoing, Retail will be
responsible for the initial installation of the gate.
SECTION 4
MISCELLANEOUS
I. In no event shall the Retail Roadway be used for the parking of vehicles.
II. If any of the Retail or Trice Properties is subdivided, then: (i) each subdivided portion
shall be a Property herein; (ii)the owners of each subdivided portion shall each be an
Owner herein;(iii)the provisions of Exhibit"E"shall be deemed to have been modified
simultaneously with the subdivision, as applicable, so that each separate Property
owned by an Assessed Owner pays its proportionate share of expenses for the Work
based on relative sizes of all Properties owned by Assessed Owners; and (iv) if the
subdivided Property is owned by the Responsible Owner, then at the time of the
subdivision, one of the newly created Properties must be designated as the "new"
Responsible Owner's property,with such notification being confirmed in a notification
to all other Owners and by recording a notice in the Public Records which references
this Agreement. Notwithstanding the foregoing,if any subdivision results in any newly
created Property not having direct access to the Retail Roadway, such direct access
must be provided (if at all) on or to_the respective Property prior to vehicular access
being granted to the owners of such portion across the Retail Roadway.
III. Each of the Owners agrees to execute an estoppel letter within fifteen (15) business
days after request from any other Owner. The estoppel letter shall confirm whether to
the best of such Owner's knowledge there are any amounts due and owing to the Owner
executing the estoppel from the Owner requesting the estoppel; and if there are any
such amounts the estoppel shall confirm the amounts owed.If any Owner fails to timely
execute an estoppel letter,then except to the extent reflected in any lien recorded in the
Public records of Miami-Dade County Florida on or before the last day of such 15
business day period or except as set forth in any notice delivered to the requesting
Owner whose receipt has been acknowledged by such requesting Owner, it shall be
conclusively presumed that the requesting Owner does not owe any amounts to the
9
Owner who failed to deliver the estoppel letter. For purposes of this paragraph, notice
delivered to a requesting Owner's predecessor in title and as to which such requesting
Owner had no knowledge, shall not be notice to the requesting Owner.
IV. This Agreement shall be binding on the undersigned, who are the current Owners of
the Properties, and their successors and assigns in title to the Properties. This
Agreement shall be effective for the fifty (50) year period commencing with the date
of recording of this Agreement and shall automatically renew for successive twenty
(20) year periods unless cancelled by a written agreement of all of the then Owners of
the fee simple interests to the Properties and their mortgagees. For all purposes hereof,
references to each Owner shall include a reference to all Owners from time to time of
such Owner's Property as described on the respective exhibits hereto.
V. At such time as any person or entity becomes an Owner by acquiring title to all or any
portion of a Property(ies), such Owner shall notify the Responsible Owner(as defined
in paragraph 6 a above) and Commons of such Party's name, address and contact
information. All notices to such Owner shall be sent to the address on its notice, if
any,and if none,then to the address on the Secretary of State's records or to the address
to which real estate tax bills are sent.
VI. This Agreement shall be construed and enforced in accordance with the laws of the
State of Florida. Venue for all proceedings hereunder shall be in Miami—Dade County,
Florida.
VII. Any and all notices required or permitted to be served pursuant to the terms of this
Agreement shall be in writing, effective upon receipt and shall be (a) mailed by
registered or certified mail, with return receipt requested and postage prepaid, (b) sent
by Federal Express or other commercially recognized overnight mail service, postage
prepaid, (c) hand delivered, or (d) delivered by facsimile transmission or email with
receipt acknowledged by the recipient as follows:
If to Commons:
RUDG-THE COMMONS, LLC
Attn: Henry Crespo, Sr.
1000 NW 1 st Ave, Suite 100
Miami, FL 33136
If to Trice:
JESSIE TRICE COMMUNITY HEALTH SYSTEM, INC.
Attn: Annie Neaseman
5607 NW 27th Avenue, Suite 1
Miami, Florida 33142
If to Retail:
10
RUDG—THE COMMONS RETAIL, LLC
Attn: Tony Del Pozzo
315 S. Biscayne Blvd., 4th Floor
Miami, Florida 33131
VIII. This Agreement embodies and constitutes the entire understanding among the Parties
with respect to the matters described herein, and all prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement.Neither this Agreement,nor any provision hereof,may be
waived, modified, amended, discharged or terminated except by an instrument in
writing signed by all Parties. This Agreement shall not be amended unless such
amendment is in writing and executed by each of the Parties. Any alleged amendment,
revision, waiver, discharge, release or termination which is not so documented shall
not be effective as to any Party.
IX. If any action or other proceeding is commenced to enforce or interpret any provision
of this Agreement, the prevailing Party shall be entitled to recover its reasonable
attorneys' fees,costs and disbursements at the dispute resolution,trial,and all appellate
levels, notwithstanding any limitations on liability or remedies otherwise set forth in
this Agreement.
X. If any of provision of this Agreement is held to be illegal, invalid or unenforceable
under present or future laws, such provisions shall be fully severable, and this
Agreement shall be construed and enforced as if such illegal, invalid or unenforceable
provision had never comprised a part of this Agreement.
XI. This Agreement may be executed in multiple counterparts, each of which will be an
Existing,but all of which,taken together,will constitute one and the same Agreement.
XII. RETAIL, TRICE AND COMMONS TO THE FULL EXTENT PERMITTED BY
LAW,HEREBY KNOWINGLY,INTENTIONALLY AND VOLUNTARILY,WITH
AND UPON THE ADVICE OF COMPETENT COUNSEL, WAIVE, RELINQUISH
AND FOREVER FOREGO THE RIGHT TO A TRIAL BY JURY IN ANY ACTION
OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY
RELATING TO THIS AGREEMENT.
XIII. In the event of termination of this Agreement,by its execution below,Retail agrees that
the Trice Property,and any landlocked portion of the Retail Property if it is subdivided,
shall have in perpetuity vehicular access to and from NW 27'h Avenue. The provisions
of this paragraph will survive any termination of this Agreement(or the voiding of any
provision of this Agreement) and will be released only with the written consent of the
owner of the Trice Property and the owner(s)of any other portion of the Retail Property
which does not have direct vehicular access to NW 271'Avenue.
XIV. Nothing contained herein shall be deemed to be a dedication of any portion of the Retail
Roadway Easement to or for the general public or for any public purposes whatsoever,
11
it being the intention of the parties hereto that this Agreement shall be strictly limited
to and for the purposes expressed herein, and no other easements shall be implied or
assumed.
NOTE: IF THE CLOSING WITH TRICE IS DELAYED AND RETAIL REQUIRES
THAT THIS DOCUMENT BE RECORDED OR IF NEGOTIATIONS BETWEEN
RETAIL AND TRICE TERMINATE, RETAIL WILL HAVE THE RIGHT TO
MODIFY THIS DOCUMENT TO REMOVE TRICE; MODIFICATIONS WILL NOT
CHANGE ANY SUBSTANTIVE PROVISION. MODIFICATIONS INCLUDE
CHANGING THE REFERENCES FROM TRICE TO RETAIL (WHICH OWNS THE
TRICE PARCEL) AND TO CHANGE THE REFERENCES FROM TRICE
PROPERTY TO RETAIL 2 PROPERTY.
[Remainder of Page Intentionally Left Blank]
12
IN WITNESS WHEREOF, the Owners have entered into this Agreement on the dates
written below.
Signed in the RUDGTHE COMMONS,LLC,a Florida limited
sence liability company
Witness By: Urgent, Inc., a Florida not-for-profit
Printed Name: corporation
Its: Manager
Witness By:
Henry Cre po
Printed Name: �o Its: President
STATE OFOrf dO-
COUNTY OF -
The oregoing ient was executed before me and the two (2) subscribing witnesses
on this day of , 2019 by Henry Crespo in his capacity as President
of Urgent, Inc., a Floridan or-profit corporation, in its capacity as Manager of RUDGTHE
COMMONS,LLC, a Florida limited liability cop y, on behalf of the company,who is
personally known to me or_produced H • J/• on.
Notary Public
?ot►sY pU��o
ORA ARNAIZ VILLAR
* r MY COMMISSION#GG 070640
�4 EXPIRES:February 13,2021
®�#� Bonded Tlvu Budget Notary SsmM
13
Signed, sealed and d ' red in the JESSIE TRICE COMMUNITY HEALTH
presen a of: SYSTEM, INC., a Florida not-for-profit
corporation
' n s
h--6
Printed Name: ,r',uCs By'
Annie R.Neasman
Its: President
Witness
Printed Name: /V1R0-1 V•r(�� q L 12'1Z.f
STATE OF O
COUNTY OF i '— Z2Wk—
T�The, regoing ins h enyt was executed before me and the two (2) subscribing witnesses on this
ay of / , 2019 by Annie R. Neasman in her capacity as President of
Jessie Trice Communi H alth System, Inc., a Florida not-for-profit corporation, on behalf of
the company, who is personally known to me or produced as
identification.
ary P lic
j0jCE JOIHSSO g13314
?.��g•°vFt. My
CO t4
beT 30,2019
gpndedThEXPIRES••WearypublicUndervm�ers
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14
Signed, sealed and delivered in the RUDGTHE COMMONS RETAIL, LLC, a
presence of: Florida limited liability company
By:
Name:
fitness Its: Vie President
Prin d Name:
,- )_i'..
wrt ss ,,11
Printed Name: I icons io ✓
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was executed before me and the two (2) subscribing witnesses
on this 3,�- day of —JA ly , 2019 by Pc�4-b LA i I o �Y . in
his capacity as Vice-President of RUDGTHE COMMONS RETAIL, LLC, a Florida limited
liability company, on behalf of the company, who is / personally known to me or_produced
as identification.
k,---
Notublic
y p�iVERONICA NARANJO
1� B i
=o ��,s Notary Public-State of Florida
: , Commission M GG 286583
My Commission Expires
Jr o 0
°'� DeC®mbar 25, 2022
15
JOINDER OF MORTGAGEE
FLORIDA COMMUNITY LOAN FUND, INC.
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records 30899, at Page 2078 of the Public Records of Miami-
Dade County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby joins and consents to the foregoing Roadway Easement Agreement (the
"Easement") and agrees that the Mortgage shall be and is hereby made subordinate to said
Easement.
FLORIDA COMMUNITY LOAN FUND,INC., a
Florida not for profit corporation
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by in his / her
capacity as the
of ,
a , on its
behalf. Such person_is personally known to me or produced
as identification.
Notary Public
16
JOINDER OF MORTGAGEE
MIAMI-DADE COUNTY
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records O.R. Book 29850,Page 334,Public Records of Miami-
Dade County Florida, in the original principal amount of$718,560.00; as further secured by that
certain Collateral Assignment of Leases, Rents and Contract Rights, of even date, recorded in
Official Records Book 29850, Page 360; and that certain UCC-1 Financing Statement by and
between RUDG-The Commons, LLC, a Florida limited liability company as Debtor and Miami-
Dade County, as Secured Party, recorded in Official Records Book 29850, Page 373; as affected
by that certain Subordination Agreement by and among(i)BANK OF AMERICA,N.A.,a national
banking association(the"Senior Lender"), (ii) MIAMI-DADE COUNTY, a political subdivision
of the State of Florida (the "Subordinate Lender"), and (iii) RUDG-THE COMMONS, LLC, a
Florida limited liability company(the"Borrower")recorded in Official Records Book 29850,Page
401, and as amended in Official Records Book 30813, page 4889, and as affected by Amendment
to RUDG The Commons Subordination Agreements recorded in Official Records Book 30813,
page 4908, and as further subordinated by and subject to the terms of that Subordination
Agreement recorded March 16, 2018 in Official Records Book 30899, page 2107,of the Public
Records of Miami-Dade County, Florida("Mortgage"), encumbering the lands described in said
Mortgage. The undersigned hereby joins and consents to the foregoing Roadway Easement
Agreement(the"Easement')and agrees that the Mortgage shall be and is hereby made subordinate
to said Easement.
MIAMI-DADE COUNTY, a political subdivision
of the state of Florida
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by in his / her
capacity as the
of
a on its
behalf. Such person_is personally known to me or_produced
as identification.
Notary Public
17
PPPPP_
JOINDER OF MORTGAGEE
CITY OF MIAMI GARDENS
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records Book 27938, Page 4353, as amended and replaced by
Amended Mortgage Deed and Restrictive Covenant recorded September 18, 2013 in O.R. Book
28827, Page 2870, and further modified by Bifurcation of Amended Mortgage Deed and
Restrictive Covenant recorded in O.R. Book 29653, Page 2888, Corrective Bifurcation of
Amended Mortgage Deed and Restrictive Covenant recorded in O.R. Book 29850 at Page 376;
Second Amendment to Mortgage Deed and Restrictive Covenant recorded in O.R. Book 29653,
Page 2893;Third Amendment to Mortgage Deed and Restrictive Covenant recorded in O.R. Book
29653, Page 2897 and Corrective Third Amendment to Mortgage Deed and Restrictive Covenant
recorded in O.R. Book 29850, Page 383, as affected by Subordination Agreement by and among
(i) Bank of America,N.A. (Senior Lender), (ii) City of Miami Gardens (Subordinate Lender) and
(iii)RUDG-The Commons, LLC(Borrower),recorded in O.R. Book 29850,Page 416,as affected
by that certain Subordination Agreement by and among(i) MIAMI-DADE COUNTY, a political
subdivision of the State of Florida (the "Senior Mortgagee"), (ii) The City of Miami Gardens, a
political subdivision of the State of Florida(the"Subordinate Mortgagee"), and(iii) RUDG-THE
COMMONS, LLC, a Florida limited liability company(the"Borrower") and recorded in Official
Records Book 29850, at Page 430, and as amended in Official Records Book 30813, page 4894,
and as affected by Amendment to RUDG The Common Subordination Agreements recorded in
Official Records Book 30813, page 4908, and as further subordinated by and subject to the terms
of that Subordination Agreement recorded March 16, 2018 in Official Records Book 30899, Page
2100, Public Records of Miami-Dade County, Florida of the Public Records of Miami-Dade
County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby joins and consents to the foregoing Roadway Easement Agreement (the
"Easement") and agrees that the Mortgage shall be and is hereby made subordinate to said
Easement.
CITY OF MIAMI GARDENS, a political
subdivision of the state of Florida
By:
Signature
Printed Name:
Its:
18
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by in his / her
capacity as the
of
a , on its
behalf. Such person is personally known to me or produced
as identification.
Notary Public
19
JOINDER OF MORTGAGEE
URGENT,INC./BANK OF AMERICA CALIFORNIA,N.A.
The undersigned hereby certifies that it is the holder of the mortgage, lien or other
encumbrance recorded in Official Records 29850, Page 391, Public Records of Miami-Dade
County Florida, as amended and restated by Amended and Restated AHP Mortgage and Security
Agreement (Florida) recorded March 22, 2016 in Official Records Book 30008, page 2180, as
collaterally assigned to Bank of America California,N.A. by Collateral Assignment of Mortgage
and Security Agreement recorded in Official Records Book 30008, Page 2194, as amended by
Amendment to Mortgage recorded January 3, 2018 in Official Records Book 30813, page 4902,
and as further subordinated by and subject to the terms of that Subordination Agreement recorded
March 16,2018 in Official Records Book 30899,page 2114of the Public Records of Miami-Dade
County, Florida ("Mortgage"), encumbering the lands described in said Mortgage. The
undersigned hereby joins and consents to the foregoing Roadway Easement Agreement (the
"Easement") and agrees that the Mortgage shall be and is hereby made subordinate to said
Easement.
URGENT, INC., apl
corporation
By:
Signature
Print Name:
Its: 0Q,('t .Q, ,
STATE OF0 t,(afC(
COUNTY OF M jAd j -
The fo)T74
ing instrument was acknowledged before me this;b day of / ,
2019, b in Jlis / her capac' as the
Kre� S of
a
PTbrtA1101-- 1-- e on its
behalf. Such person_is personally knowritom or_produced
as identification.
Notary Public
MA ARNAIZ VIULARJ
r MY COMMISSION#GG 07DW
EXPIRES.February 13,2021
�� p °`ISenAed 1Aro AndVl NotOry Services
20
COLLATERAL ASSIGNEE:
BANK OF AMERICA CALIFORNIA, N.A.
By:
Signature
Printed Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2019, by in his / her capacity as the
of
a
on its
behalf. Such person_is personally known to me or_produced as identification.
Notary Public
21
EXHIBIT "A"
(Commons Property Legal Description)
"THE COMMONS RESIDENTIAL"
A PORTION OF TRACTS 33 AND 34, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING
THE NORTHEAST CORNER OF SAID TRACT 33, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON
27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
160 AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
S87'49'27"W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID
SECTION 33 AND THE NORTH LINE OF SAID TRACT 33, FOR A DISTANCE OF 405.01 FEET;
THENCE S01'47'25"E, ALONG A LINE LYING 405.00 FEET WEST OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS
SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 41.27 FEET TO THE POINT OF
BEGINNING AND A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF N.W. 207TH STREET AS
RECORDED IN OFFICIAL RECORDS BOOK 17813, PAGE 4115, AND OFFICIAL RECORDS BOOK
15868, PAGE 2851, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT
BEING THE NORTHWEST CORNER OF TRACT "A", OF SAID 27TH AVENUE RACETRAC, SAID POINT
ALSO BEING ON THE ARC OF A CURVE CONCAVE TO THE SOUTH (A RADIAL LINE THROUGH
SAID POINT BEARS NO6'31'22"E) HAVING A RADIUS OF 545.00 FEET AND A CENTRAL ANGLE
OF 08'41'55'; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE SOUTH
RIGHT-OF-WAY LINE OF N.W. 207TH STREET, AN ARC DISTANCE OF 82.74 FEET; THENCE
S87'49'27"W, ALONG A LINE LYING 35.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES
TO, THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR
137.54 FEET; THENCE S01'47'25"E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED
AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID
SECTION 33, FOR 420.51 FEET; THENCE N88'12'35"E, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, FOR 180.35 FEET; THENCE N01'47'25"W FOR 67.84 FEET; THENCE
N87'49'27"E, ALONG A LINE LYING 388.87 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES
TO, THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID
LINE ALSO BEING THE WESTERLY PROJECTION OF THE SOUTH LINE OF SAID TRACT "A". 27TH
AVENUE RACETRAC, FOR 39.65 FEET TO A POINT, SAID POINT ALSO BEING THE SOUTHWEST
CORNER OF SAID TRACT "A"; THENCE N01'47'25"W, ALONG A LINE LYING 405.00 FEET WEST
OF, AS MEASURED AT RIGHT ANGLES T0, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER
(S.E. 1/4) OF SAID SECTION 33, FOR 347.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 89,807.7 SQ. FT. MORE OR LESS (2.062 ACRES MORE OR LESS)
22
EXHIBIT "B"
(Retail Property Legal Description)
A PORTION OF TRACT 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, OF
SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING THE
NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, AS SHOWN ON LAKEWOOD ESTATES,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN
ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160
AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
S87'49'27"W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33 AND THE NORTH LINE OF SAID TRACT 33, A DISTANCE OF 175.00 FEET; THENCE SGI'47'25"E,
ALONG A LINE LYING 175.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID EAST LINE ALSO BEING THE
EAST BOUNDARY OF TRACTS 33 AND 34, AS SHOWN ON SAID 27TH AVENUE RACETRAC, A DISTANCE
OF 388.88 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF TRACT
"A" OF SAID 27TH AVENUE RACETRAC; THENCE S01'47'25"E, ALONG A LINE LYING 175.00 FEET WEST
OF, AS MEASURED AT RIGHT ANGLES T0, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E,
1/4) OF SAID SECTION 33, SAID LINE ALSO BEING COINCIDENT WITH THE WEST RIGHT OF WAY LINE
OF N.W. 27TH AVENUE, AS SHOWN ON THE STATE OF FLORIDA RIGHT OF WAY MAP FOR STATE ROAD
817, SECTION 87660-2150 (87019-2501), REVISED 02/01/1973, FOR A DISTANCE OF 612.41 FEET;
THENCE N87'51'24"W, ALONG THE NORTHERLY RIGHT OF WAY UNE OF SNAKE CREEK CANAL (C-9) AS
SHOWN ON SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK
CANAL (C-9) AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR
273.80 FEET; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE OF THE
SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE OF 459.10 FEET TO A
POINT OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC
OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 45.00 FEET
AND A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF
SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET TO A POINT OF TANGENCY; THENCE
N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST UNE OF THE SOUTHEAST ONE-QUARTER
(S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE OF 24.77 FEET; THENCE N88'12'35"E FOR A
DISTANCE OF 23.50 FEET; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE
OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE
OF 67,84 FEET; THENCE N87'49'27"E, ALONG THE SOUTH LINE OF SAID TRACT 'A 27TH AVENUE
RACETRAC AND ITS WESTERLY PROJECTION (SAID SOUTH UNE LYING 388.87 FEET SOUTH OF, AS
MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER (S.E. 1/4) OF
SAID SECTION 33), FOR A DISTANCE OF 269.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 165,249.3 SQ. FT_ MORE OR LESS (3.794 ACRES MORE OR LESS)_
23
EXHIBIT "C"
(Trice Property Legal Description)
"JESSIE TRICE"
A PORTION OF TRACTS 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING
THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160 AT PAGE 34, BOTH OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN S87'49'27'W ALONG THE
NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33 BEING
COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33 FOR A DISTANCE OF 625.01 FEET;
THENCE RUN S01'47'25"E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION
33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS
SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 455.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE S01'47'25"E FOR 511.81 FEET; THENCE S87'51'24"E, ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS SHOWN ON SOUTH
FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK CANAL (C-9)
AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BRQWARD COUNTY, FLORIDA,
FOR 177.27 FEET; THENCE NOt'47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 459.10 FEET TO A POINT
OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'00'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF
REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 45.00 FEET AND A CENTRAL ANGLE OF 53'00'43", THENCE NORTHWESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET
TO A POINT OF TANGENCY; THENCE N01'47'25"W, ALONG A LINE BEING PARALLEL TO THE
EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 24.77
FEET; THENCE S88'12'35"W FOR 156.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 90,565 SQ.FT. MORE OR LESS (2.079 ACRES MORE OR LESS).
24
EXHIBIT "D"
(Roadway Easement)
SREWC8 TO ACCOMPANY
LEQAL DIMSCRIp'WXON
LEGAL DESCRIPTION (INGRESF/EGRESS EASEMENT): [CONTINUED ON SHEET 2 OF 3]
A PORT70N OF TRACTS 33, 34, AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, OF SECT70N 33,
TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT ]HEREOF AS RECORDED IN PLAT BOOK 2, PAGE
75, OF THE PUBLIC RECORDS OF MIAMI—DADS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE EAST ONE—QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING THE NORTHEAST
CORNER OF SAID TRACT 33, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 75, PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 160, PAGE 34, BOTH OF THE PUBLIC RECORDS OF M1AMI—DADE
COUNT); FLORIDA; THENCE 5874927"W ALONG THE NORTH LINE OF THE SOUTHEAST ONE—QUARTER (S.E. 1/4)
OF SAID SECTION 33, BEING COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33, FOR A DISTANCE OF 502.26
FEET; THENCE S02'10"33"E, FOR A DISTANCE OF 35.00 FEET TO A POINT BEING 122.99 FEET EASTERLY OF THE
NORTHEAST CORNER OF BLOCK 2 OF SAID LAKEWOOD ESTATES AS MEASURED ALONG THE SOUTH LINE OF THE
NORTH 35 FEET SAID TRACT 33, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER
DESCRIBED INGRESS/EGRESS EASEMENT, THENCE S014725E FOR A DISTANCE OF 20.28 FEET TO A POINT OF
CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING AS ITS ELEMENTS A RADIUS OF
96.35 FEET AND A CENTRAL ANGLE OF 47'17'11';- THENCE SOUTHEASTERLY, ALONG SAID CURVE, FOR AN ARC
DISTANCE OF 79.52 FEET TO A POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE
SOUTHWEST, HAVING AS ITS ELEMENTS A RADIUS OF 82.00 FEET AND A CENTRAL ANGLE OF 4777'11 THENCE
SOUTHEASTERLY, ALONG SAID CURVE, FOR AN ARC DISTANCE OF 67.67 FEET- THENCE SOI 4725"E, FOR A
DISTANCE OF 156.00 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST,
HAVING AS ITS ELEMENTS A RADIUS OF 8.50 FEET AND A CENTRAL ANGLE OF 64'02'11"; THENCE
SOUTHEASTERLY, ALONG SAID CURVE, FOR AN ARC DISTANCE OF 9.50 FEET TO A POINT OF REVERSE
CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING AS ITS ELEMENTS A RADIUS OF
11.00 FEET AND A CENTRAL ANGLE OF 64 02'11 THENCE SOUTHEASTERLY, ALONG SAID CURVE, FOR AN ARC
DISTANCE OF 12.29 FEET; THENCE S014725"E FOR A DISTANCE OF 7795 FEET TO A POINT OF CURVATURE
WITH A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING AS ITS ELEMENTS A RADIUS OF 11.00 FEET AND
A CENTRAL ANGLE OF 64'02'11"} THENCE SOUTHWESTERLY, ALONG SAID CURVE, FOR AN ARC DISTANCE OF 12.29
FEET TO A POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING AS
ITS ELEMENTS A RADIUS OF 8.50 FEET AND A CENTRAL ANGLE OF 6402'11 ]HENCE SOUTHWESTERLY, ALONG
SAID CURVE, FOR AN ARC DISTANCE OF 9.50 FEET' THENCE SO]4725'£, FOR A DISTANCE OF 21.75 FEET TO A
POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING AS ITS ELEMENTS A
RADIUS OF 28.99 FEET AND A CENTRAL ANGLE OF 48'10"36"t THENCE SOUTHEASTERLY, ALONG SAID CURVE, FOR
AN ARC DISTANCE OF 24.38 FEET TO A POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE CONCAVE TO
THE SOUTHWEST HAVING AS ITS ELEMENTS A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 4870'36";-
THENCE SOUTHEASTERLY, ALONG SAID CURVE, FOR AN ARC DISTANCE OF 25.23 FEET;
SURVEYOR'S CERTIFICATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
I HEREBY CERTIFY THAT THE ATTACHED "SKETCH TO
ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER BISCAYNE ENGINEERING COMPANY, INC.
MY RESPONSIBLE CHARGE AND COMPLIES WITH THE 529 WEST FLAGLER STREET, MIAMI, FL. 33130
STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING (305) 324-7671
AS SET FORTH BY THE STATE OF FLORIDA BOARD OF STA TF OF FLORIDA DEPARTMENT OF AGRICULTURE
PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER LB-0000129
5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
CHAPTER 472.027, FLORIDA STATUTES
THIS IS NOT A SURVEY —
ALBERTO RABIONET PSM, FOR THE FIRM
PROFESSIONAL SURVEYOR AND MAPPER NO. 7118
STATE OF FLORIDA
BATE IS 2S, 2DIS-11)7w EST f4F:f:'.,Ni{1'1('R ::,86163 CATO WW DIV\DW\WsUn
DRAWING No. 2302-55-25 THIS SKETCH TO ACCOMPANY LEGAL OESCRIPTICN IS VALID ONLY WHEN ALL
THREE (3)SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT,
PROJECT: INGRESS/EGRESS EASEMENT
DATE I REV DATE: BEC ORDER SHEET: 8Y: CLIENT: RUDG - THE COMMONS, LLC
02-25-2019 03-86463 1 OF 3 A.J.R.
BISCAYN E suRVErons 529 W FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
ENOINEERf TEL (305)324-7671 TEL. (561)609-2329
PLANNERf
V�_��AENGINEERING SIN£'nye E-MNL:INFO@BISCAYNEENGINEERING.COM• WEBSITE:WWW.61SCAYNEENGINEER ING.COM
25
0 NEWC8 TO ACCOMPANY
LIMAIa DENCRIPWION
LEGAL DESCRIPTION ONGR=lEGRESS EASEMENT): [CONTINUED FROM SHEET 1 OF 3]
THENCE SOI-4725-E, FOR A DISTANCE OF 125.99 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE
CONCAVE TO THE NORTHEAST, HAVING AS ITS ELEMENTS A RADIUS OF 12.00 FEET AND A CENTRAL ANGLE OF
90170'00 THENCE SOUTHEASTERLY, ALONG SAID CURVE, FOR AN ARC DISTANCE OF 18.85 FEET THENCE
N88-12'J "E, FOR A DISTANCE OF 238.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF N.W. 27TH
AVENUE,- THENCE S01"4725"E, ALONG SAID WEST RIGHT OF WAY LINE OF N.W. 27TH AVENUE, FOR A DISTANCE
OF 36.00 FEET; THENCE S8812'35"W, FOR A DISTANCE OF 238.00 FEET TO A POINT OF CURVATURE KITH A
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING AS ITS ELEMENTS A RADIUS OF 12.00 FEET AND A
CENTRAL ANGLE OF 9000'00 THENCE SOUTHWESTERLY, ALONG SAID CURVE, FOR AN ARC DISTANCE OF 18.85
FEET,- THENCE SOlW725"E FOR A DISTANCE OF 274.87 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY
LINE OF THE SNAKE CREEK (C-9) CANAL AS SHOWN ON SAID PLAT OF LAKEWOOD ESTATES; THENCE
N875124"W, ALONG SAID NORTHERLY RIGHT OF WAY LINE OF THE SNAKE CREEK (C-9) CANAL, FOR A DISTANCE
OF 23.21 FEET; THENCE NO1'4725"W, FOR A DISTANCE OF 459.10 FEET TO A POINT OF CURVATURE WITH A
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HALING AS ITS ELEMENTS A RADIUS OF 5.20 FEET AND A
CENTRAL ANGLE OF 5300'43'} THENCE NORTHWESTERLY, ALONG SAID CURVE FOR AN ARC DISTANCE OF 4.81
FEET TO A POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING AS
ITS ELEMENTS A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 5300"43"- THENCE NORTHWESTERLY, ALONG
SAID CURVE, FOR AN ARC DISTANCE OF 41.64 FEET' THENCE N014725"W, FOR A DISTANCE OF 299.07 FEET TO
A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING AS ITS ELEMENTS A
RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 3648'11 THENCE NORTHWESTERLY, ALONG SAID CURVE, FOR
AN ARC DISTANCE OF 19.27 FEET THENCE N3835'36"W FOR A DISTANCE OF 47.19 FEET TO A POINT OF
CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING AS ITS ELEMENTS A RADIUS OF
118.50 FEET AND A CENTRAL ANGLE OF 36 48'11 THENCE NORTHWESTERLY, ALONG SAID CURVE FOR AN ARC
DISTANCE OF 76.12 FEET- THENCE N01-47-25"W, FOR A DISTANCE OF 20.12 FEET TO A POINT ON SAID SOUTH
LINE OF THE NORTH 35 FEET SAID TRACT 33; THENCE N874927"E, ALONG SAID SOUTH LINE OF THE NORTH 35
FEET SAID TRACT 33, FOR A DISTANCE OF 24.00 FEET TO THE POINT OF BEGINNING;
ALL OF THE FOREGOING CONTAINS AN AREA OF 32,859 SQUARE FEET MORE OR LESS.
NOTES: ABBREWA77ONS•
1. THIS IS NOT A SURVEY. SEC. — SECTION
TWP. — TOWNSHIP
2. EASEMENT GEOMETRY SHOWN HEREON IS BASED ON RGE. — RANGE
INSTRUCT70NS AND INFORMAT70N PROVIDED BY THE CLIENT. R/W — RIGHT OF WAY
J. EASEMENTS AND/OR RESTRICTIONS OF RECORD ARE NOT P — PLAT BOOK
SHOWN HEREON. PGG.. — PAGE
P.O.B. — POTENT OF BEGINNING
4. REFERENCED BISCAYNE ENGINEERING ALTA/NSPS SURVEYS: P.O.C. — POINT OF COMMENCEMENT
ORDER 03-85824, DC-5859, DATED 06-23-2017, ORDER
03-86367, DC-5976, DATED 12-14-2018.
5. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED
MERIDIAN AND ARE REFERENCED TO THE NORTH LINE OF THE
SOUTHEAST ONE—QUARTER (SE. 1/4) OF SEC77ON 33, TOWNSHIP
51 SOUTH, RANGE 41 EAST, AND ALSO BEING THE NORTH LINE OF
TRACT 33, HAVING A BEARING OF S87-4927"W
DRAWING NO. 2302-SS-2S THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WEN ALL
THREE(3) SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
PROJECT: INGRESS/EGRESS EASEMENT
DATE: REV DATE: I BEC ORDER SHEET BY CLIENT: RUDG - THE COMMONS LLC
02-252019 0386463 20F 3 A.J.R.
BISCAYHE SURVEYORS 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
ft PLANNERS
ENGINEERS TEL (305)324-7671 TEL. (561)609-2329
E NG I N EE R I N G •awcE irse• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE:WWW BISCAYNEENGINEER ING.COM
26
NKMWCK wo ACCOMPANY GRAPM W412
LEQAL DEXCIEUVWZON
I mcn - 160 n
TIHE COMMONS
MIAMI GARDENS, FLORIDA SEC. 33-51-41 P.O.C. , N
NW 207TH STREET EAST 1/4 CORNER
41 AND
INGRESS/EGRESS NE CORNER30F1TRACT 33 s %
EASEMENT NORTH LINE OF THE pg 75, PG. 84) _
° a
rSE 1/4 OF SEC. 33-51-41 t a 'b
AND NORTH LINE TRACT 33_ SBT49�YW----r502 8'
-'-E - P.O.S.7- SOUTH LINE OF
S02'10`33 /'I _ I�_TNE N_35_TRACT 33
LINE TABLE 35.p0_L15 -�I
No. Lerigth Direction 122.89 L1` 1
L14 i - •-� 1 I ____
L1 20.28' S01°47'25"E I 1 ; •� i I 1
L2 156 00' S01-47-25"E1 c1a 1 INGRESS/EGRESS
L3 7795' S01°47'25"E N�ml 2 EASEMENT 50.00' 71.32' T' z'N
o1 L13-' 1L4 21.75' S01°47'25"E 0.00ti
a
L5 125.99' S01°47'25"E mwo.I C1 I I I �Vn
C) PORTION OF TRACT'A' 175.00
1-6 238.00' N88°12'35"E wq m I TRACT 33 27th AVENUE
1-7 36.00' S01°47'25"E 615-
Q1 L21 RACETRAC ,
L8 238.00' S88°1235'W zJ I L12-N (P.B. 160,
L9 274.87' S01°47'25"EL_ THE PG.34) ",,Z)
23.21' 1 �LID MMO5
1-11 45910' N01 47'25-W RESIDENTIAL
L-----------1a ^�I
L12 299.07' NOt°47-25-W W I L3 THE I z
L13 47.19' N38°35'36"W F 5 "''•.I,Calc; 3 �� I
L14 20.12' N01°4Tto 25"W Q IL I--TRACT 34 PORTION OF 6 PORTION TRACT 34 ii Z x w
L15 24.00' N87'49'27"W 4 I`T `
Or' I 7 w� �
O ~ V C12- 8 I?� r0-0
i m I C1 I- EVERGLADES SUGAR:�zl I (j
CURVE TABLE g a II AND LAND COMPANY'Si 1
No. Length Radius Delta ozn
L5 SUBDIVISION ;i�I w w �
C1 79.52' 96.35' 47°17'11" 1 :-C9(P.B.2,PG.75) �� I <�a
'rrzc4
C2 67.67' 82TRICE
.00' 47°17'11' r 6 y 1 a a a
- Iw
cv ♦•--PARCEL - -- /i%/- i I m
C3 9.50' 8.50' 64°02'11" y-0 I / i C4 .00'12.29' 11.00' 64°02'11' 8,3 10 i8 I i Z a
C5 12.29' 11.00' 64°02'11" ,ri I L11 I I �'a
n
C6 9.50' 8.50 64°02'11'
C7 24.38' 28.99' 48°10'36"
PORTION OF PORTION OF I Li
w�
C8 25.23' 30.GO' 48°10'36" a I TRACT 35 TRACT 35 ; I
C9 18.85' 12.00' 90°00'00' w j L9 175.00'
C10 18.85' 12.00' 90°00'00' 1
C11 4.81' 5.20' 53°00'43" i
C12 41.64' 45.00' 53'00'43" 50.00' 75.00'
I '
50.00',
IC131 19.27' 1 30.00' 36°48'11' - � -_
IC141 76.12' 1 118.50' 36°48'11' - •�----------'--"'l--I-- --110 NORTHERLY R/W
LINE OF C-9 CANAL
C-9(SNAKE CREEK CANAL)
(SFWMD RW MAP,PG.28 OF 41)
DINE' i t.'S, ftL F%SF-- s`,5W3 WE TM UiBNI DEV\DW\ftl,I• "m"-E.-"'!,f.',
DRAWING No. 2302-SS-25 THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ALL
THREE(3)SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
PROJECT: INGRESS/EGRESS EASEMENT
DATE I REV DATE: BEC ORDER: SHEET: BY: CLIENT: RUDG - THE COMMONS LLC
02-25-2019 03-86463 3 OF 3 A.J.R.
BISCAYN E SURVEYORS 529 W FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
ENGINEERS TEL. (305)324-7671 TEL. (561)609-2329
PLANNERS
E N G I N E E R I N G •5.NCE 189P• E-MAIL INFO@ BISCAY NEENGINEER ING COM - WEBSITE:WWW.BISCAYNEENGINEERING COM
27
EXHIBIT "E"
Proportionae Shares
Retail Property: 60%
Trice Property: 40%
28
Prepared by:
Ellen Rose
Katz Barron
901 Ponce De Leon Blvd 101h FI
Coral Gables, FI 33134
RELEASE OF RESOLUTION
WHEREAS,The City Council of the City of Miami Gardens ("City") adopted Resolution 2006-27-
373-Z-46 (the "Resolution") which was recorded on August 16, 2006 in O.R. Book 24827 at Page 368 of
the Public Records of Miami-Dade County, Florida; and
WHEREAS, the multi-family residential development contemplated by the Resolution was not
constructed; and
WHEREAS, the current owner of the undeveloped portion of the property encumbered by the
Resolution have requested that the City release the Resolution as to such portion in order to remove the
Resolution as an encumbrance on title to such portion; and
WHEREAS, the City has no objection to such release;
NOW, THEREFORE, the City hereby releases the Resolution from the parcel described on Exhibit
"A" hereto.
CITY OF MIAMI GARDENS, FLORIDA
Attest:
By:
City Clerk Printed Name:
Zoning Administrator
Approved as to form and legal sufficiency Date: , 2019
City Attorney
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of
, 2019 by , as Zoning Administrator of the City of
Miami Gardens, Florida, by and on behalf of said City. He/She is personally known to me or has
produced as identification.
NOTARY PUBLIC—STATE OF FLORIDA
My Commission Expires:
EXHIBIT"A"
A PORTION OF TRACT 34 AND 35. EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, OF
SECTION 33. TOWNSHIP 51 SOUTH, RANGE 41 EAST. ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-OUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO BEING THE
NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION,
OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, AS SHOWN ON LAKEWOOD ESTATES,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN
ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160
AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
S87'49'27'W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.£. 1/4) OF SAID SECTION
33 AND THE NORTH LINE OF SAID TRACT 33, A DISTANCE OF 175.00 FEET; THENCE S01'47'25"E.
ALONG A LINE LYING 175.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID EAST LINE ALSO BEING THE
EAST BOUNDARY OF TRACTS 33 AND 34. AS SHOWN ON SAID 27TH AVENUE RACETRAC, A DISTANCE
OF 388.88 FEET TO THE POINT Of BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF TRACT
"A" OF SAID 27TH AVENUE RACETRAC: THENCE S01'47'25'E. ALONG A LINE LYING 175.00 FEET WEST
OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEASTONE-OUARTER (S.E.
1/4) OF SAID SECTION 33. SAID LINE ALSO BEING COINCIDENT WITH THE WEST RIGHT OF WAY LINE
OF N.W. 27TH AVENUE. AS SHOWN ON THE STATE OF FLORIDA RIGHT OF WAY MAP FOR STATE ROAD
817, SECTION 87660-2150 (87019-2501), REVISED 02/01/1973. FOR A DISTANCE OF 612.41 FEET;
THENCE N87'51'24'W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS
SHOWN ON SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAF' FOR SNAKE CREEK
CANAL (C-9) AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS
RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR
273.80 FEET: THENCE N01'47'25'W, ALONG A LINE BEING PARALLEL TO THE EAST LINE OF THE
SOUTHEAST ONE-OUARTER (S.E. 1/4) OF SAID SECTION 33. FOR A DISTANCE OF 459.10 FEET TO A
POINT OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A CENTRAL ANGLE OF 53'00'43'; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC
OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 45.00 FEET
AND A CENTRAL ANGLE OF 53'00'43'; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF
SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET TO A POINT OF TANGENCY; THENCE
N01'47'25'W. ALONG A LINE BEING PARALLEL TO THE EAST LINE OF THE SOUTHEAST ONE-QUARTER
(S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE OF 24.77 FEET; THENCE N88`12'35'E FOR A
DISTANCE OF 23.50 FEET; THENCE N01'47"25'W, ALONG A UNE BEING PARALLEL TO THE EAST LINE
OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR A DISTANCE
OF 67.84 FEET; THENCE N87'49'27'E, ALONG THE SOUTH LINE OF SAID TRACT 'A, 27TH AVENUE
RACETRAC AND ITS WESTERLY PROJECTION (SAID SOUTH LINE LYING 388.87 FEET SOUTH OF. AS
MEASURED AT RIGHT ANGLES TO. THE NORTH LINE OF SAID SOUTHEAST ONE-OUARTER (S.E. 1/4) OF
SAID SECTION 33), FOR A DISTANCE OF 269.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 165.249.3 SO. FT. MORE OR LESS (3.794 ACRES MORE OR LESS).
nw
JESSIE TRICE
COMMUNITY July 18, 2019
HEALTH SYSTEM
Since 1967
18605 NW 27th Avenue
Miami Gardens, FL 33056
City of Miami Gardens,Florida
BOARD OF BRECTORS Attn: Mr. Cameron Benson,City Manager
Mr. Craig Clay, Deputy City Manager
Officers
Re: Jessie Trice Health Center
Irene Taylor Wooten
Chairperson
Dear Mr. Benson and Mr. Clay:
Paul Roberts
Vice Chairman The purpose of this letter is to confirm our mutual agreement and
understanding in connection with the to-be-built Jessie Trice Health Center (the
Carla A.Jones "Health Center") located at 20612 NW 27d' Avenue Miami Gardens, Florida (the
Treasurer
"Real Property").
Angel Lightfoot
Secretary As you know, Jessie Trice Community Health System, Inc., a Florida not for
profit corporation ("Jessie Trice"), is in the process of purchasing the Real Property
Isabelle Rosete from RUDG — The Commons Retail, LLC, a Florida limited liability company
Member at-Large
("RUDG"). RUDG has conditioned its sale of the Real Property upon, among other
Annie R.Neasman things, the assumption by Jessie Trice of a $450,000 mortgage (the "Mortgage") on
President&CEO the Real Property held by the City of Miami Gardens,Florida(the
To assist it in financing the construction of the Health Center, Jessie Trice
BOARD MEMBERS will be entering into certain New Markets Tax Credit("NMTC") financing, which it
expects to close in March 2019. At the NMTC closing, Jessie Trice will transfer the
Russell Benford Real Property to Jessie Trice Collaborative Inc., a Florida not for profit corporation
Olga Connor
Sherwood DuBose that is organized to be a 501(c)(3) "supporting organization" to Jessie Trice
Ivette Klein ("HoldCo"). HoldCo will immediately lease back the Real Property to Jessie Trice
Thamara Labrousse for the construction and operation of the Health Center. The City shall release the
Tishria Mindingall
Janice Ricketts Robert Mortgage on the Real Property on or before the NMTC closing. However, despite
Thomas the release of the Mortgage, Jessie Trice will continue to be obligated to construct
Terrell West
Lenora Yates and operate the Health Center upon the Real Property for a period of twenty (20)
years following the date of this letter (the "Restricted Period"). If Jessie Trice
ceases to maintain the Health Center on the Real Property during the Restricted
Period, then Jessie Trice would be obligated to repay the City the amount of
$450,000. Immediately following the last day of the Restricted Period, Jessie Trice
will be automatically released from the foregoing obligation without further
documentation needed from the City.
Jessie Trice Community Health System,Inc.d/b/a Jessie Trice Community Health Center,Inc.
5607 NW 27 Avenue,Suite#1;Miami,FL 33142
Tel:(305)805-1700;Fax:(305)805-1715 www.itchc.ora
City of Miami Gardens, Florida
Mr. Cameron Benson, City Manager
Mr. Craig Clay, Deputy City Manager
July 18, 2019
Page 2
If the terms of this letter are acceptable to you, please indicate your
agreement by signing where indicated below. This letter agreement may be signed
in any number of counterpart copies and by the parties hereto on separate
counterparts, but all such copies shall constitute one and the same instrument.
Delivery of an executed counterpart of a signature page to this letter agreement by
electronic mail transmission shall be effective as delivery of a manually executed
counterpart.
Sincerely,
Jessie Trice Community Health System,Inc.
By: sy A-1-Al
Annie R.Newsman,MS,RN
President&CEO
Agreed and accepted:
City of Miami Gardens,Florida
By:
Name:
Title:
#5433918v2