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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' 1\1 587.49'27"W NORTH 35.00' ! W 207l STREET — — — — — 137.54' OF TRACT 33 SE 1/4 OF _ _ _ 33-51-41 I ' Q WNW I a wo �In< 3w�� U z6gn �n� Im •rN jE U 3 ai Oo 1rO r oI a d 175.00' qY N z I = tj 50.00' —� 50.00' 75.00' J I U N m ID Q<R I wN^ x3�N H� Oztoov z y 00 I �Z U W O � I I -i r� X00 3 p mm of Z) I �U-I �I> �S-z0 w m a CODO MMONS n I N En o o ~Q OL in I I W w n o L' I r t n d pw n c m LO Eri N o N a vj y I a I M m o PROPERTY a PORTION OF v"iI 31 N z TRACT 33 I I Z I I Q 405.00'- w n PORTION OF TRACT 34 Z 444.65' M } M n I 58749'27"W 269.66' 175.00' �- LU W - Q^ F-Q rN o \ N87'49'27"E Ng° � wrocv0 f. 39.65' U o a N88'12'35"E N(� 18035 501'47'25"E 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. 0 = PLAT BOOK 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 wHWn^ p�iin . F- - zY~tD la1 O((�� w F V)fil z_ U II ad� UMLLIro� rw�� w ui I r ;w Z �gn cli4K*NU 1 9 N W Ind V) p �Z 0 60, < ^ 175.00' Y a w F 50.00' 50.00' 75.00' Z LLIX=2 CA UI N pp Q I Gpu ZLLJ Nv�cl COCF-� W w �3nN FLL n w „•i (� OZr'�„� zi U ow J a a w zF 3 0 cr FW \fUj W I\Ln<(L 0] w f\ w l Q L d o w�Ci as L0 � � vwiw�o `^ �° Z t" N � �m N L. oM ° Om i Da N a O Qr7m L, a PORTION OF i . U0. En � I v� zvLn4- TRACT 33 w - _ ; 405.00' V) n Of N PORTION OF j ; w w r TRACT 34 1 ! o ji 444.65' i S8749'27'W 269.66' U) 175.00' w I N87'49'27"E 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 11 U � ,� � iVl1l60k\IY.pa1iM iV11Ya Of.60ga1Brt :li �'�wYwiR 10 uu REFER TO SHEET C.4.2 �Y'I ' • \ , rmr wY¢swWr rw sumo •�---------- ———————————----- / j b°6,z mr-w.=.raow a-rru = ww'°'=i=�aasu' . 1 v 0.4 ,� ysa ,; r_________�r______ -----ir------------ �s= �q 1 i;0-4 ;' A, ate... JZ fl r-- I fl ----- WA_____:_ LL___J____L___JJ 'ala, -------------- 11 ii t ii 11 11 •1 WY 1 WY I Ww��ww��ww�wwwwYrY�w��w�w I WD WPa-ws' .o,y m� �cn WATER & SE SCALE 1" = 40 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 coir N Rf 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