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HomeMy WebLinkAboutR-2019-032 City Accepting Utility Easements and a Bill of Sale From Stirling Square, LLC, A Florida Limited Liability Company; Providing for Conflicts; Further, Providing for an Effective Date. RESOLUTION NO. 2019-032 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING UTILITY EASEMENTS AND A BILL OF SALE FROM STIRLING SQUARE, LLC, A FLORIDA LIMITED LIABILITY COMPANY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Stirling Square, LLC ("Grantor") is the fee simple owner of certain real property located in Broward County, Florida, more particularly described in Exhibit "A", attached and made a part of this Resolution("Stirling Square Parcel"); and WHEREAS, Grantor has agreed to grant the City of Dania Beach ("City"), easements in, over, upon, across and through a certain portion of the Stirling Square Parcel, more particularly described in Exhibit `B", a copy of which is attached and made a part of this Resolution ("Utility Easements"), which Utility Easements shall be recorded in the Public Records of Broward County, Florida, and the Grantor will convey to the City, by means of a "Bill of Sale, all components of the utility system to confirm that the City will own them; and WHEREAS, the Utility Easements provide certain rights to the City and place certain restrictions on the Grantor; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission approves and accepts the Utility Easements and the Bill of Sale from the Grantor to be used for water and wastewater purposes, and for other utility purposes described in them. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 9, 2019. ATTEST: gitn' THOMAS SCHNEIDER, CMC ORI LE ELLEN CITY CLERK �.�► o� MAYOR q� ISHE� APPROAED AS T FORM AND CORRECTNESS: THOM J. A ' BRO CITY ATTORN Y 2 RESOLUTION#2019-032 Bf RD DifPrdectcnand t COUNTY EWROI�V WALBONEEMNG�PE�NGDMSION • 1 NOM University IJrive,Mailbox 201,Haida=4 a 0019-14M•Fax•TA 519-1412 FINAL December 07,2018 Michael A.Troxell, P.E. Fax: (954)202-7070 Thomas Engineering Group 1000 Corporate Drive, Suite 250 Fort Lauderdale, FL 33334 Stirling Square Sanitary Sewer As-builts (FINAL) 700 STIRLING RD Dania Beach, FL 33004 DER WW 62505 WWTP: Hollywood Dear Mr.Troxell: Be advised that we have reviewed the referenced project for compliance to standards and now consider the project approved. APPROVAL IS IN ACCORDANCE WITH: Plans/As-Built Drawings,Sheets SP-14,SP-15 and SP-19 (Received 12/06118; Revised and Signed/Sealed 12107/18).Thomas Engineering Group, LLC. Project #: F160048. None Attached. Please note approval by other agencies may be required before this project can be put in service. Should you have any questions concerning the above comments, please contact Matthew Ketterer of our staff at(954)519-1263 or email mketterer@broward.org. Sincerely, Yvel Rocher, P.E.,Licensed Engineer Domestic Wastewater Program cc: Jack Fisher, Building Official,Dania Beach Ronnie S. Navarro,City Engineer, Dania Beach Steven Joseph, P.E., Director of Public Utilities, Hollywood Broward County Board of County Commissioners MarkD.Bogen-LamsrP,Fisher -Beam Furr•SlevaDeller+Dal.V-.0iHoinesa.•Non H.Rich • Tim Ryan Barbara Sharief• MiahaalUdins www.hrowstd.org s=3 sE3� s I N' E I z fill Sic/W O HUU � � D 1 g G 6� • �' =YR A� # " f tyy:yYpC�3 � 3 Y i R 9 � D 6 M1 y 333 �� q F$ 1YEE E Y a at weap � �►D a' b hkY'f 8 { g g iaasae § 9' gg s y���: I # 3 r' D + Y6 rggqq fill Rill ql 33lff! •3 11133 �a■ E t cE rrer 9 uj 6si � E > 0 3 c.'. a a 0E[ a IL f t W yIr 6 � g LLJ 2 ISM NU ,. .. •fig , Q a a el Cf \\ I r) y ILI it lilt q � 1 96 S _ licegg ilia H_yy g_ 7fEEE a��'a� F, p¢ b a ! 13 g; \ y T-S- I I a I� z �,l I I c w o �. I1 OpEPARl FLORIDA DEPARTMENT OF Governor Y O T _ z Environmental Protection Carlos Lop Southeast District o� o����0 3301 Gun Club Road,MSC7210-1 Noah Secretary aelc nnste�in MfNTAi Y� West Palm Beach,R 33406 561.681-6600 November 27,2018 Sterling Square,LLC Permit Number: 0127999-105-DSGP c/o Mr.Robert Shapiro,President Permit Issued: March 15,2018 2860 West State Road 84,#118 Project: Stirling Square Dania Beach,Florida 33312 Source: City of Dania Beach Sent by Email:rshapiro@masdev.net PWS ID#: 4060253 County: Broward RE: Notice of Acceptance of Completion of Construction for a PWS Distribution System Extension,Final Clearance(FC) Dear Mr. Shapiro: Thank you and your engineering consultant for the certification that the subject water main distribution system extension has been constructed,tested,and disinfected in accordance with the plans and related materials permitted by this agency, and is now C ready for operation. Based on your engineer's certification of construction completion[DEP Form 62- 555.900(9)], satisfactory bacteriological results,etc.for the above-referenced project,the Department is hereby releasing the project for service to the extent indicated below: X The system is released to the full extent of the permitted plans. The system is partially released,and limited to: Should you have any questions,please contact John A. Armstrong,P.E. at telephone number(561) 681-6684 or by e-mail at john.a.armstrong_&floridadep.gay. Sincerely, �� L4*, iwk4L John Kent Edwards Environmental Administrator Sterling Square,LLC c/o Mr.Robert Shapiro,President DEP File No. 0127999-105-DSGP Page 2 of 2 Electronic Copies furnished to: Ronnie Navarro,City of Dania Beach, mavarroQdaniabeachfl.Qov Michael Troxell,P.E.,Thomas Engineering Group,mtroxellathomaseg com Robyn James,Broward County Health Department,Robyn.James@,flhealth. ov FDEP-Jocelyn Labbe,John A.Armstrong,P.E. AFFIDAVIT Name (party of the First Part): STIRLING SQUARE, LLC, a Florida limited liability company The party of the First Part, after being first duly sworn upon oath, depose and say that all persons, firms, or corporations who furnished labor or material used directly or indirectly in the prosecution of the work required to be performed by the Utility Connection Permit between the party of the First Part and City of Dania Beach (party of the Second Part), whose address is: 100 W Dania Beach Blvd Dania Beach Florida 33004 have been paid in full. IN WITNESS WHEREOF party of the First Part has caused its corporate name to be hereunto signed by its proper officers thereunto duly authorized. STIRLING SQUARE, LLC a Florida limited liability company By: SALZMAN REAL ESTATE HOLDINGS, LLC a Florida limited liability company, 'j Its manager nes Signature (as to all signatories) By:"-A � Terrence Salzman, Manager I �t L M - V\,l Witn s Signature (as o a signatories) By: ' T1,41a alz , Manager By: JABBER STIRLING, LLC, a Florida limited liabili o Its manager 00 By: Robert S apiro, Manager [NOTARY ACKNOWLEDGEMENT ON FOLLOWING PAGE] STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this_eday of November 2018, by: Terrence Salzman, Manager of Salzman Real Estate Holdings, LLC, as Manager of Stirling Square, LLC. He is personally known or has produced as identification. My 22 Notary P blic, State of Qrida KRYSTALMICHELLERODRIGUEZ Krystal Michelle Rodriguez ;State of Florida-Notary Public =* * Commission M GG 205756 =% My Commission Expires August 02, 2022 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this o� day of November 2018, by: Thekla Salzman, Manager of Salzman Real Estate Holdings, LLC, as Manager of Stirling Square, LLC. She is personally known or has produced as identification. KRYSTALMICHELLERODRIGUEZ State of Florida-Notary Public -• Commission M GG 206756 My Commission Expires ugust 02,2022 My Commission expires:August 2, 2022 Notary ublic, State of F o Krystal Michelle Rodrigu STATE OF FLORIDA COUNTY OF BROWARD i The foregoing instrument was acknowledged before me this 01�'�day of November 2018, by: Robert Shapiro, Manager of Jabber Stirling, LLC, as Manager of Stirling Square, LLC. He is personally know or has produced as identification. My Commission expires: August 2, 2022 Not ry Public, State o orida Krystal Michelle Rodriguez E�, KRYSTALLE RODRIGUEZ�MLNotary Public GG 206756ion Expires2, 2022 Prepared by and return to: Maryvel De Castro Valdes, Esq. Siegfried Rivera Hyman Lerner De La Torre Mars&Sobel,P.A. 201 Alhambra Circle, 11th Floor Coral Gables,Florida 33134 BILL OF SALE Name (party of the First Part): STIRLING SQUARE, LLC, a Florida limited liability company Project Address or Location: Northwest corner of Stirling Road and Phippen-Waiters Road Dania Beach, Florida 33004 KNOW ALL MEN BY THESE PRESENTS, that the party of the First Part for and in consideration of the covenants contained in the Utility Connection Permit between party of the First Part and City of Dania Beach (party of the Second Part), whose address is: 100 W Dania Beach Blvd, Dania Beach, Florida 33004 by these presents do/does grant, bargain, sell, transfer, and deliver unto the I said Party of the Second Part, its successors and assigns, the following goods and chattels generally described below and as more specifically shown on the project record drawings on file with the party of the Second Part: Potable water, wastewater, and/or reclaimed water facilities consisting of those components located within the Project herein described as Stirling Square installed at the above project address or location, TO HAVE AND TO HOLD the same unto the said Party of the Second Part, its successors and assigns forever. And they do for themselves and their successors and assigns, covenant to and with said Party of the Second Part, its successors and assigns, that said Party of the First Part is lawful owner of said goods and chattels; that they are free from all encumbrances; that he has good right to sell the same as aforesaid, and that he will warrant and defend the sale of said property, goods, and chattels hereby made, unto the said Party of the Second Part, its successors and assigns, against the lawful claims and demands of all persons whomsoever. [SIGNATURES TO FOLLOW] IN WITNESS WHEREOF party of the First Part has caused its corporate name to be hereunto signed by its proper officers thereunto duly authorized. STIRLING SQUARE, LLC a Florida limited liability company By: SALZMAN REAL ESTATE HOLDINGS, LLC a Florida limited liability company, Its manager ess SV ature (as to all signatories) By: �.e: C e Salzman, Manager r\- it ess Signatur s to all signatories) By: The la alz n anager By: JABBER STIRLING, a Florida limited I' company Its manager By: - Robe Sha ro, Manager STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this ,20'- day of November 2018, by: Terrence Salzman, Manager of Salzman Real Estate Holdings, LLC, as Manager of Stirling Square, LLC. He is personally known or has produced as identification. K41 My Commission expires:August 2, 2022 Notary Public, State of rida Krystal Michelle Rodriguez ..ram "V'r`f'.,,KRYSTAL MICHELLE RODRIGUEZ °State+ of Florida-Notary Public� = Commission#GG 205766 + My Commission Expires August 02, 2022 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this Q6:!!—'zIay of November 2018, by: Thekla Salzman, Manager of Salzman Real Estate Holdings, LLC, as Manager of Stirling Square, LLC. She is personally known or has produced as identification. ht My Commission expires: August 2, 2022 Notarj Public, State o rida Krystal Michelle Rodriguez KRYSTAL MICHELLE RODRIGUEZ =� State of Florida-Notary Public j Commission#GO 205766 My commission August 02, 2022ires STATE OF FLORIDA I COUNTY OF BROWARD i The foregoing instrument was acknowledged before me this day of November 2018, by: Robert Shapiro, Manager of Jabber Stirling, LLC, as Manager of Stirling Square, LLC. He is personally known or has produced as identification. My Commission expires: August 2, 2022 Notary Public, State dIf3lorida Krystal Michelle Rodriguez KRYSTAL MICHELLE RODRIGUEZ ;State of Florida-Notary Public :•• •E Commission#GG 205756 '• c My Commission Expires -.August 02,2022 Prepared by and return to: Maryvel De Castro Valdes,Esq. Siegfried Rivera Hyman Lerner De La Torre Mars&Sobel,P.A. 201 Alhambra Circle, 11th Floor Coral Gables,Florida 33134 EASEMENT Name (GRANTOR): STIRLING SQUARE, LLC, a Florida limited liability company Property Parcel Identification Number(s): 504234050150 and 604234050160 Property Legal Description: SEE ATTACHED EXHIBIT"A" THIS AGREEMENT made between GRANTOR and City of Dania Beach, a political subdivision of the State of Florida, the GRANTEE,whose address: 100 W Dania Beach Blvd, Dania Beach, Florida 33004. WITNESSETH WHEREAS, GRANTOR, is the owner of property (indicated above) that is situated in Broward County, Florida. WHEREAS, GRANTEE desires an unrestricted and perpetual non-exclusive easement for water mains and/or wastewater gravity mains and/or wastewater force mains and/or reclaimed water mains and for any other water and wastewater installations which might be required for the purpose of providing water supply service for domestic or other use and for the collection of domestic or other kinds of wastewater to and from properties inclusive of GRANTOR'S property which may or may not abut and being contiguous to the easement; and WHEREAS, GRANTOR is willing to grant such an easement, more specifically described in Exhibit"B" attached hereto, and NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar (receipt acknowledged by GRANTOR) and other good and valuable considerations, GRANTOR does hereby grant unto GRANTEE, its successors and assigns, through its (GRANTEE'S) employees, agents, contractors, or other designated persons, full and free right and authority to construct, maintain, repair, install, and rebuild water and/or wastewater facilities within the property described above or more specifically described in Exhibit "A" attached hereto and made a part hereof and GRANTOR hereby grants to GRANTEE a perpetual non-exclusive easement in, over, under, through, upon and/or across the above described lands for the purpose of providing water supply service for domestic or otherwise and for the collection of domestic or other kinds of wastewater to and from properties or lands inclusive of GRANTOR'S property or land which abuts and being contiguous to the easement described and so granted herein, also for GRANTEE to provide water and wastewater services to properties which may not be contiguous to the said easement described herein. GRANTEE has approved the existing and proposed above ground structures, asphalt, paving, landscaping, walls, fences, underground piping, underground structures, duct banks, transformers, poles, retention areas, pavers, electric, cable, and other utility facilities within the easement area described herein to the extent said improvements are shown on the plans and drawings presented to and approved by GRANTEE. Except as permitted above, GRANTOR agrees that no obstructions that would preclude maintenance or improvement of GRANTEE's facilities may be placed in the easement area by GRANTOR or any other easement holder without GRANTEE's consent. In the exercise of its rights hereunder, GRANTEE shall, at its sole cost and expense, restore the surface of the easement area to the same condition which existed prior to the commencement of any such access, maintenance, or repair. IN WITNESS WHEREOF GRANTOR has caused its corporate name to be hereunto signed by its proper officers thereunto duly authorized. STIRLING SQUARE, LLC a Florida limited liability company By: SALZMAN REAL ESTATE HOLDINGS, LLC a Florida limited liability company, Its manager (ess 5 nature (as to all signatories) By:_ �aA&a&Ar4 Terrence Salzman, Manager i I I Witriess Signature ( o all signatories) B Q. �` T ekl S n, Manager By: JABBER STIRLING, `) a Florida limited lia ny Its manager By: Robert Sh piro, Manager STATE OF FLORIDA COUNTY OF BROWARD ,,X� The foregoing instrument was acknowledged before me this_Q day of November 2018, by: Terrence Salzman, Manager of Salzman Real Estate Holdings, LLC, as Manager of Stirling Square, LLC. He is personally known or has produced as identification. My Commission expires: August 2, 2022 Nota Public, State of q ida Krystal Michelle Rodrigu KRYSTAL MICHELLE RODRIGUEZ W r, State of Florida-Notary Public Commission#GG 205756 My Commission Expires August 02, 2022 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this rWo"day of November 2018, by: Thekla Salzman, Manager of Salzman Real Estate Holdings, LLC, as Manager of Stirling Square, LLC. She is personally known or has produced as identification. —1(-"A, M - " My Commission expires: August 2, 2022 Notary ublic, State of lori a KRYSTALMICH�ELL�ER RIGUEZ Krystal Michelle Rodriguez State of Florida-Notary Public _� *= Commission#GG 205756 My Commission Expires " August 02, 2022 STATE OF FLORIDA COUNTY OF BROWARD ,,, The foregoing instrument was acknowledged before me this 0!,, 92_y of November 2018, by: Robert Shapiro, Manager of Jabber Stirling, LLC, as Manager of Stirling Square, LLC. He is personally known or has produced as identification. My Commission expires: August 2, 2022 Notary Public, State of I ida Krystal Michelle Rodriguez KRYSTALMICHELLERODRIGUEZ ^State of Florida-Notary Public =* •1 Commission#GO 205756 My Commission Expires August 02,2022 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION PARCEL 1: ALL OF BLOCK"C" OF"GEORGE M. PHIPPENS SUBDIVISION",ACCORDING TO THE PLAT THEREOF,RECORDED IN PLAT BOOK 2, PAGE 90,OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LESS THE WEST 100 FEET OF THE EAST 130 FEET OF THE SOUTH 185 FEET AND LESS THE EAST 30 FEET FOR COUNTY ROAD,AND LESS THE ADJACENT PORTION OF RIGHT-OF-WAY PARCEL NO.027 FOR STIRLING ROAD, RECORDED IN OFFICIAL RECORDS BOOK 9140, PAGE 170,OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH: PARCEL 2: i THE WEST 100 FEET OF THE EAST 130 FEET OF THE SOUTH 185 FEET OF BLOCK"C", "GEORGE M. PHIPPENS I SUBDIVISION",ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 90,OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LESS THEREFROM THE ADJACENT PORTION OF RIGHT-OF-WAY PARCEL NO. 027 FOR STIRLING ROAD, RECORDED IN OFFICIAL RECORDS BOOK 9140, PAGE 170, OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. LESS THE ADJACENT PORTION OF RIGHT-OF-WAY PARCEL NO. 135.1 FOR STIRLING ROAD, RECORDED IN INSTRUMENT NUMBER 115440653 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. Exhibit B CESCRIPTON: A PORTION OF BLOCK N CII, GEO. tYi. PHIPPEN1 S SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 90, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK "C"; THENCE, ALONG THE NORTH LINE OF SAID BLOCK "C", N87'29'33"E, A DISTANCE OF 133.54 FEET TO POINT OF BEGINNING #1; THENCE, CONTINUING ALONG SAID NORTH LINE OF BLOCK "C", N87'29'33"E, A DISTANCE OF 30.99 FEET; THENCE, DEPARTING SAID NORTH LINE OF BLOCK "C", S01'22'56"E, A DISTANCE OF 16.15 FEET; THENCE S45'58'31"E, A DISTANCE OF 28.46 FEET; THENCE N89'10'09"E, A DISTANCE OF 99.42 FEET; THENCE S45'49'51"E, A DISTANCE OF 11.41 FEET THENCE N89'21'24"E, A DISTANCE OF 35.36 FEET; THENCE S00'49'51"E, A DISTANCE OF 14.71 FEET, THENCE 989'21'24"W, A DISTANCE OF 20.54 FEET; THENCE SOO'49'36'E. A DISTANCE OF 207.78 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID BLOCK "C' AND POINT "A", SAID POINT BEING A POINT ON A NON—TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 7708.19 FEET FROM WHICH A RADIAL LINE BEARS 300'27'26"E; THENCE WESTERLY ALONG SAID SOUTH LINE OF BLOCK "C" AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0'04'28", A DISTANCE OF 10.00 FEET; THENCE, DEPARTING SAID SOUTH LINE OF BLOCK "C NORTH 00'49'36" WEST, A DISTANCE OF 203.81 FEET; THENCE N45'49'51"W, A DISTANCE OF 22.99 FEET; THENCE SO7'32'17"E, A DISTANCE OF 13.86 FEET; THENCE 5891O'O9"'N, A DISTANCE OF 10.00 FEET; THENCE N0132'17"W, A DISTANCE OF 14.64 FEET; THENCE S89'10'09'W, A DISTANCE OF 90.18 FEET; THENCE N45'58'31'W, A DISTANCE OF 7.43 FEET; THENCE S00'49'35"E, A DISTANCE OF 21.23 FEET; THENCE S89'10'24"W, A DISTANCE OF 20.00 FEET; THENCE N00'49'36"'N, A DISTANCE OF 23.06 FEET; THENCE N57'49'32"W, A DISTANCE OF 12,67 FEET; THENCE N01'22'56"W. A DISTANCE OF 26.96 FEET; THENCE S89'11'43"W, A DISTANCE OF 10.99 FEET; THENCE N01422'56"W, A DISTANCE OF 4.38 FEET TO POINT OF BEGINNING #1. CONTAINING 5,442 SQUARE FEET/0.1249 ACRES OF LAND MORE OR LESS. TOGETHER WITH, COMMENCING AT AFORESAID POINT "A"; THENCE N89'28'04"E, A DISTANCE OF 31.83 FEET TO A POINT OF INTERSECTION N9TH THE SOUTH LINE OF SAID BLOCK "C" AND POINT OF BEGINNING #2; THENCE, DEPARTING SAID SOUTH LINE, NOO'41'22"W, A DISTANCE OF 6.00 FEET; THENCE, N8918'38"E, A DISTANCE OF 10.00 FEET; THENCE S00'41'22"E, A DISTANCE OF 6.00 FEET TO A POINT OF INTERSECTION WITH THE SAID SOUTH LINE OF BLOCK "C"; THENCE, ALONG SAID SOUTH LINE, S8918'38"Vd, A DISTANCE OF 10.00 FEET TO POINT OF BEGINNING #2; CONTAINING 60 SQUARE FEET/0.0014 ACRES OF LAND MORE OR LESS. SAID LANDS SITUATE IN SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, DANIA, FLORIDA. SUBJECT TO RIGHTS—OF—WAY EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS OF WAY OF RECORD. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED WITH THE SURVEYOR'S SEAL. 2. SURVEY MAP OR THE COPIES THEREOF ARE NOT VAUD WTHOUT THE SIGNATURE AND THE ORIGINAL SEAL OF THE FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR. 3. BEARINGS SHOWN HEREON ARE ARE BASED ON GRID BEARING OF N87'29'33E ALONG THE NORTH LINE OF BLOCK "C", "GEO M. PHIPPEN'S SUBDIVISION" ACCORDING TO THE FLAT THEREOF AS RECORDED IN PLAT BOOK 2. PACE 90, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA;. 4. THE "LAND DESCRIPTION" HEREON PREPARED BY THE SURVEYOR. 5. ADDITIONS OR DELE11ONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES, CERIIFICAZE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON OCTOBER 29, 2018. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 2 CAULi=IELD & WHEELER, INC, DATE 10 29 18 A CIVIL ENGINEERING — LAND PLANNING LANDSCAPE ARCHITECTURE — SURVEYING DRAYM BY DLS = 7301 A W. PAD,IETTO PARK ROAD — SUITE 100A BOA RATON, FLORIDA 33433 PHONE 561 —392-1991 FAX 561 —750-1452 DAVID P. LINDLEY F.B. PC. N/A REGISTERED LAND S-nRUNG SQUARE SURVEYOR NO. 5005 SCALE NONE WATER & SEWER EASEMENT STATE OF FLORIDA SKETCH OF DESCRIPTION B. 3591 11 JUB NCl. 82O+S AS2 Exhibit B P•D•D LOT 12 BLOCK N l CORNER LOT i1 BLOCK "C° P.O•B.#1 "GE0 I.A. PHIPPEN'S SUBDIVISION" " P,B. 2, PAGE 90, M.D.C.R_ NB7"29'33"E 133,54'= 3Q• � ` NQl'Z2' NORTH LINE BLOC 56"w 4.3$' 10.�9 ' iK "C" — tj "S ir9, ¢'- f d'-� ` N89'O'09"E 99.42'-- lr`'' . N89'21'24"E 1, s fib •� ,r 4" rr�r 35.36 ; NQQ'49'36"w S8910109"w 90.18' �, , �� J 23.06' �; Q 4 � j � s SB9`10'24! '`D r� c�on 0 20.54 rn W -� �+_r J' S89'21'24"W i 20.00 a rri coCD �a rr co z Ln ti U BLOCK "C" C c= NORTH "CEO M. PHIPPEN'S SUBDIVISION" rn P.B. 2, PAGE 90, M.D.C.R. 20 0 20 0 GRAPHIC SCALE (IN FEET) I ' ' CO. z LEGEND/ABBREVIATIONS c3 B.C.R. - BROWARD COUNTY RECORDS w w FPL - FLORIDA P0'ACR & LIGHT z �r,3 LB — LICENSED BUSINESS °v° cn j Qo N M.D.C.R. — MIAMI DADE COUNTY RECORDS POINT "A" tj b p u ri - OFFICIAL RECORD BOOK j ©w��' P.B.O.R.B.. PLAT BOOK SOUTH LINE BLOCK 'C � m iy PGS. _PAGES R_7708l.19,' . s �� P.0_T, POINT OF TERMINUS RB - RADIAL BEARING d=0 04 28 0-2 L=l0,00 -co STIRUNG RD. RB-500*27'26"E O.R.B. 327, PAGE 345, B.C,R. p.o.®.#2 � SHEET 2 OF 2 CAULFIELD & WHEELER, INC. DATE 10 29 18 CIVIL ENGINEERING - LAND PLANNING, LANDSCAPE ARCHITECTURE - SLIRVEYI)AG ,', 7301A W. PALMETTOPARK ROAD - SUITE 100A aF�h+�i1 01 aLS BOCA RATON, FLORIDA 33433 PHONE 561)-392-1991 FAX 561)-750-1452 F.B. PC, N/A SWUNG SQUARE SCALE 1" = 40' WATER & SEWER EASEMENT SKETCH OF DESCRIPTION JOB NO, 8206 ViS2 JOINDER AND CONSENT OF MORTGAGEE THIS JOINDER AND CONSENT is given and made this lqtsn day of November , 2018, by JSRJ, INC., a Florida corporation ("JSRJ"), upon request of STIRLING S(jUARE, LLC ("Stirling") for approval of an Easement to the City of Dania Beach over a portion of property encumbered by the Mortgage given by Stirling (as "Mortgagor") to JSRJ (as "Mortgagee") on March 12, 2018, recorded March 14, 2018, under Instrument Number 114947107, Public Records of Broward County, Florida(the "Mortgage"). WHEREAS, Stirling is granting a non-exclusive easement over a portion of the real property subject to the Mortgage to City of Dania Beach for water mains and/or wastewater gravity mains and/or wastewater force mains and/or reclaimed water mains and for any other water and waste water installations which might be required for the purpose of providing water supply service for domestic or other use and for the collection of domestic or other kinds of wastewater to and from the properties inclusive of Stirling's property which may or may not abut or be contiguous to the easement;and WHEREAS, the Mortgage requires consent of the JSRJ,as Mortgagee. I NOW, THEREFORE, the JSRJ consents to the Easement over a portion of the real property j owned by Stirling and to the recording of said Easement in the Public Records of Broward County, Florida. IN WITNESS WHEREOF,JSRJ, has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized this day of T November 2018. Signed,Sealed and Delivered in Presence of JSRJ,INC.,a Florida corporation Witness: Terrence Sal an By: Na* Jeanine L.Hill • Title: Vice President i ess:Krystal M. riguez Address: 261 SW 1P Street Dania Beach,FL 33004 i STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of November 2018,by Jeanine L.Hill as Vice President of JSRJ,INC.,a Florida corporation,on behalf of said corporation.He/she is personally known to me or produced as identification. My Commission Expires:Aug 2,2022 Is-t V" ` — Notary Pdblic, State of Fl a KRYSTALMICHELLE RODRIGUEZ Krystal Michelle Rodrigu ?� ,State of Florida-Notary Public :+ • Commission#GG 205756 MY Commission Expires �''ui0"'� August 02,2022 f Prepared by and return to: Maryvel De Castro Valdes, Esq. Siegfried Rivera Hyman Lerner De La Torre Mars&Sobel, P.A. j 201 Alhambra Circle, 11th Floor Coral Gables, Florida 33134 EASEMENT Name (GRANTOR): JSF STIRLING ROAD EX, LLC, a Florida limited liability company Property Parcel Identification Number(s): 5042 34 64 0010 Property Legal Description: SEE ATTACHED EXHIBIT "A" THIS AGREEMENT made between GRANTOR and City of Dania Beach, a political subdivision of the State of Florida,the GRANTEE,whose address:100 W Dania Beach Blvd, Dania Beach, Florida 33004. WITNESSETH WHEREAS, GRANTOR, is the owner of property (indicated above) that is situated in Broward County, Florida. WHEREAS, GRANTEE desires an unrestricted and perpetual non-exclusive easement for water mains and/or wastewater gravity mains and/or wastewater force mains and/or reclaimed water mains and for any other water and wastewater installations which might be required for the purpose of providing water supply service for domestic or other use and for the collection of domestic or other kinds of wastewater to and from properties inclusive of GRANTOR'S property which may or may not abut and being contiguous to the easement; and WHEREAS, GRANTOR is willing to grant such an easement, more specifically described in Exhibit"B" attached hereto, and NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar (receipt acknowledged by GRANTOR) and other good and valuable considerations, GRANTOR does hereby grant unto GRANTEE, its successors and assigns, through its (GRANTEE'S) employees, agents, contractors, or other designated persons, full and free right and authority to construct, maintain, repair, install, and rebuild water and/or wastewater facilities within the property described above or more specifically described in Exhibit "A" attached hereto and made a part hereof and GRANTOR hereby grants to GRANTEE a perpetual non-exclusive easement in, over, under, through, upon and/or across the above described lands for the purpose of providing water supply service for domestic or otherwise and for the collection of domestic or other kinds of wastewater to and from properties or lands inclusive of GRANTOR'S property or land which abuts and being contiguous to the easement described and so granted herein, also for GRANTEE to provide water and wastewater services to properties which may not be contiguous to the said easement described herein. GRANTEE has approved the existing and proposed above ground structures, asphalt, paving, landscaping, walls, fences, underground piping, underground structures, duct banks, transformers, poles, retention areas, pavers, electric, cable, and other utility facilities within the easement area described herein to the extent said improvements are shown on the plans and drawings presented to and approved by GRANTEE. Except as permitted above, GRANTOR agrees that no obstructions that would preclude maintenance or improvement of GRANTEE's facilities may be placed in the easement area by GRANTOR or any other easement holder without GRANTEE's consent. In the exercise of its rights hereunder, GRANTEE shall, at its sole cost and expense, restore the surface of the easement area to the same condition which existed prior to the commencement of any such access, maintenance,or repair. IN WITNESS WHEREOF GRANTOR has caused its corporate name to be hereunto signed by its proper officers thereunto duly authorized. WITNESSES: JSF STIRLING ROAD EX, LLC, a South Carolina limited liability company JA A L By: JSF Management, LLC, a South Carolina limited Pri ted e: liability company d/b/a JSF Management of SC, LLC, Its Manager By: Johnson Development Associates, Inc., a South Carolina corporation, its Sole Member Print Nam A/<1h•,Kl J. 5-4d, Name: Dan C. Breenen, J . Its: Secretary&Treasury' Dated: STATE OF 6M ll ) SS: COUNTY OF�QVAMhum ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Dan C. Breeden, Jr., as Secretary and Treasurer of Johnson Development Associates, Inc., a South Carolina corporation, the Sole Member of JSF Management, LLC, a South Carolina limited liability company d/b/a JSF Management of SC, LLC, the Manager of JSF STIRLING ROAD EX, LLC, a South Carolina limited liability company. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this rd day of 2018. L2'Uc[tM ota ublic Typed, printed or s amped name of Notary` c R�PU6 •. ��' My Commission Expires: QAA�. 2•ri, z MY coMMlEStoN i AUG StR9.2�2i ,•'• i Exhibit A The Land referred to herein below is situated in the County of Broward, State of Florida, and is described as follows: PARCEL "A"AS SHOWN ON THAT PLAT ENTITLED "STIRLING HILL"AND RECORDED IN PLAT BOOK 183, PAGE 207 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, i EXHIBIT B i DESCRIPTION: A PORTION OF LOTS 2, 4, 6, 8, 10 & 12, BLOCK "B GEO. M. PHIPPEN'S SUBDIVISION ACCORDING TO THE PLAT TIIEREOF AS RECORDED IN PLAT BOOK 2, PAGE 90, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, BLOCK "B"; THENCE, ALONG THE NORTH LINE OF SAID LOT 2, SOUTH 8729'33" WEST, A DISTANCE OF 35.48 FEET TO THE POINT OF BEGINNING; THENCE, DEPARTING SAID NORTH LINE OF LOT 2, S01'22'56"E, A DISTANCE OF 300.00 FEET TO A POINT Of INTERSECTION WITH THE SOUTH LINE OF SAID BLOCK "B"; THENCE, ALONG SAID SOUTH LINE, S88'34'01"W, A DISTANCE OF 30.99 FEET; THENCE, DEPARTING SAID SOUTH LINE OF BLOCK "B". NOI'22'56"W, A DISTANCE OF 5,54 FEET; THENCE N87'29'33"E, A DISTANCE OF 10.99 FEET; THENCE N01'22'56"W, A DISTANCE OF 294.70 FEET TO A POINT OF INTERSECTION W9TH THE AFORESAID NORTH LINE OF LOT 2; THENCE, ALONG THE SAID NORTH LINE OF LOT 2, N87'29'33"E, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 6,059 SQUARE FEET/0.1391 ACRES OF LAND MORE OR LESS. SAID LANDS SITUATE IN SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, DANIA, FLORIDA. SUB,CCT TO RIGHTS-Or-WAY EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS OF WAY OF RECORD, NOTES 1. REPRODUCTIONS OF' THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2. SURVEY MAP OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLOMDA LICENSED PROFESSIONAL LAND SURVEYOR. 3. BEARINGS SHOWN HEREON ARE ARE BASED ON GRID BEARING OF SOUTH 00'34'56" WEST ALONG THE NORTH LINE OF LOT 2. BLOCK "B". "GEO M. PHIPPEN'S SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 90, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA;. 4. THE "LAND DESCRIPTION" HEREON PREPARED BY THE SURVEYOR. 5, ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. LEGEND/ABBREVIATIONS CL _. CENTERLINE LB - LICENSED BUSINESS P.Q.B. - POINT OF BEGINNING B.C.R. - BROWARD COUNTY RECORDS M.D.C.R. - MIAMI DADE COUNTY RECORDS P.O.C. - POINT OF COMMENCEMENT FPL - FLORIDA POWER & LIGHT P.B. - PLAT BOOK CERTIFICATE: HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON OCTOBER 29, 2018. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472,027. SHEET 1 OF 2 CAULFIELD & WHEELER, I]100A DATE 10/29 1g CIVIL ENGINEERING - LAND PLANNIN LANDSCAPE ARCHITECTURE. - SURVEY DRAWN BY DLS 7301A W. PALMETTO PARK ROAD - SUITBOCA RATON, FLORIDA 33433 PHONE 561 -392-1991 FAX 561 -75 AVID P. LINDLEY F.B./ PG. N/A 11REGSTERED LAND ALE NONE 1206 NISI i EXHIBIT B SW 1 ST ST. N87'29'33E 587'29'33"� P.B. 24, PAGE 27, B.C.R. 20.04 35.a s' ^— I 0. 12 UkiIY EAgIdENi � �� N LINE LOT 2. BLOCK V I I NE CORNI=R — — (BASIS OF BEARINGS) I { LOT 2, { I 6LOCK "B" LOT 2 l i LOT 1 l z i l� LOT 3 LOT 4BLOCK V L� u o ° -GEO m. PH4PPEN'5 SUBDIVISION" ; >m P.B. 2, PAGE 9fl, M,4.C,R. I LOT LOT 6 i I L z Qrrl ..-..---"�--e-r-- i 5 { LOT 7 LOT B i —+ I NI I� l I� LOT 9 LOT 10 0l to NORTH VI { r LOT 12 I { LOT 11 GRAf(NF T)ALE N87'29'33"EI IN rEE� { 10.99' N01'22'56•W 5.54' _ N ia' UTUT EASEMENT BLOCK 'C' S88'3401 W S LINE BLOCK "B" 122, PASTE 45, B.C.R. °GEO M. PHIPPEN'S SUBDIVISION 30.99' I P.B. 2,PAGE 90, M,D.C.R. SHEET 2 OF 2 CAULFIELD & WHEELER, INC. DATE 10 29 18 CIVIL ENGINEERING — LAND PLANNING LANDSCAPE ARCHITF,CTURE — SURVEYING DRAWN BY DLS 7301A IN. PALMETTO PARK ROAD — SUITE IOOA BOCA RATAN, FLORIDA 33433 PHONE 561 —392-1991 FAX 561 —750-1452 F,B.� PG. tU A STIRUNG SQUARE SCALE 1" - 40' WATER & SEWER EASEMENT SKETCH OE DESCRIPTION JOB N0. 8206 W51 JOINDER AND CONSENT OF MORTGAGEE The undersigned Mortgagee("Mortgagee"),is the current holder of that certain Mortgage, Security Agreement, and Fixture Financing Statement, recorded on October 30, 2018 in the Official Records of Broward County, Florida, Instrument Number 115417458, granted by JSF Stirling Road EX,LLC, a South Carolina limited liability company,whose mailing address is c/o Johnson Development Associates,Inc., 100 Dunbar Street,Suite 400,Spartanburg,South Carolina 29306 in favor of SOUTH STATE BANK, encumbering certain real property (the "Property"), as described in the Easement. Mortgagee does hereby join in and consent to, the terms and provisions of the Easement to which this Joinder and Consent of Mortgagee is attached. The Mortgagee does hereby further agree that the Property is subject to the Easement, and that any purchaser of the Property or any portion thereof at foreclosure (or pursuant to a deed in lieu of foreclosure)shall acquire title thereto subject to the Easement. SOUTH STATE BANK By: N Witness As Its: �1/P n Aitnne42 STATE OF �C COUNTY OF s%)0,Vi OUV�6Ur� 1, ,V I�.tl R ` 'tM a Notary Public for County of do hereby certify that VV10Jff4tk,4' W L& e r%— ,the of SoW- . Mt.k Sa",e- ersonally appeared before me this day and acknowledged the due execution of the fqrlegoing document for the purposes therein stated. Witness my h d an official seal, ' the 6 day of Akvembcr,2018. Not Public Notary's Printed Name: gm?k,tti C,12 My Commission Expires: (Official Seal) Prepared by and return to: Maryvel De Castro Valdes, Esq. Siegfried Rivera Hyman Lerner De La Torre Mars &Sobel, P.A. 201 Alhambra Circle, 11th Floor Coral Gables, Florida 33134 FINAL RELEASE OF LIEN Name (party of the first part): STIRLING SQUARE, LLC, a Florida limited liability company Description of what was constructed: Stirling Square, a Project consisting of a proposed retail building, convenience store with fuel pumps, j and a self-storage facility with associated water and sewer services to the site. Project address or location: Northwest corner of Stirling Road and Phippen- Waiters Road, Dania Beach, Florida 33004 KNOW ALL MEN BY THESE PRESENTS, that the party of the First Part for an in consideration of the sum of$10.00 and other good and valuable consideration paid to the party of the First Part by the City of Dania Beach (party of the Second Part), whose address is 100 W Dania Beach Blvd Dania Beach Florida 33004, receipt of which is hereby acknowledged, do hereby release and quit claim to City of Dania Beach, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever, which now party of the First Part have or might have against the property, building and/or improvements, on account of labor performed, material furnished, and/or for any incidental expense for the construction as described above at the address or location described above. [SIGNATURES TO FOLLOW] IN WITNESS WHEREOF, party of the First Part has caused its corporate name to be hereunto signed by its proper officers thereunto duly authorized. STIRLING SQUARE, LLC a Florida limited liability company By: SALZMAN REAL ESTATE HOLDINGS, LLC a Florida limited liability company, J4Its manager ----.. -. ess nat a (as to all signatories) By: .�PJV�P�a �A i ' _ Terr a Salzman, Manager I f" - n�_z Win ss Signature ( s o all signatories) By: The a S Iz anager By: JABBER STIRLING, a Florida limited li i mpany Its manager By: obert pir , Manager STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this�'6-day of November 2018, by: Terrence Salzman, Manager of Salzman Real Estate Holdings, LLC, as Manager of Stirling Square, LLC. He is personally known or has produced as identification. My Commission expires:August 2, 2022 Not ry ublic, State of nez a Krystal ichelle Rodrig ,.�Y' KRYSTAL MICHELLE RODRIGUEZ %State of Florida-Notary Public * 4 Commission#GG 205765 My Commission Expires '' n `` August 02, 2022 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this J01day of November 2018, by: Thekla Salzman, Manager of Salzman Real Estate Holdings, LLC, as Manager of Stirling Square, LLC. She is personally known or has produced as identification. ►Y t My Co _g- Ai i 1. qnq Notary ublic, State of FI 'da KRYSTAL MICHELLE RODRIGUEZ Krystal Michelle Rodriguez tit "�V,. ?_ ° SState of Florida-Notary Public is• *= Commission#GG 205766 j' My Commission Expires ��'Oii � August 02, 2022 STATE OF FLORIDA { i COUNTY OF BROWARD The foregoing instrument was acknowledged before me this�0—hlday of November 2018, by: Robert Shapiro, Manager of Jabber Stirling, LLC, as Manager of Stirling Square, LLC. He is personally known or has produced as identification. 01 My Commission expires:August 2, 2022 N to Public, State lorida Krystal Michelle Rodrl uez E KRYSTAL MICHELLE RODRIGUEZ ,State of Florida-Notary Public commission#GG 205756 My Commission Expires August 02, 2022 SURETY BOND FORM Bond Number 964222005 (WARRANTY) PRINCIPAL: STIRLING SQUARE, LLC, a Florida limited liability company SURETY: The Ohio Casualty Insurance Company KNOW ALL BY THESE PRESENTS: That PRINCIPAL and SURETY, as identified above, are bound to CITY OF DANIA BEACH, as the Obligee (hereinafter the "City"), a political subdivision of the State of Florida, in the full sum of twelve-thousand two-hundred eighty-five and 20/100 U.S. DOLLARS ($12.285.20 ) for payment of which PRINCIPAL and SURETY jointly and severally bind ourselves, our successors, assigns,and personal representatives: WHEREAS, PRINCIPAL has been issued the City of Dania Beach Utility Connection Permit referenced above (hereafter"Permit")for construction of water and/or wastewater and/or reclaimed water facilities (hereinafter"Improvements"); and WHEREAS, one of the conditions of the Permit is that PRINCIPAL furnish the City with a satisfactory bond covering all improvements built or altered which are to become City property, warranting against all defects in workmanship, materials, equipment, or construction for a period of not less than one (1) year from the date of written acceptance of the Improvements by City (hereafter"Warranty Period"); NOW, THEREFORE, A. CONDITIONS OF SURETY BOND: (1) PRINCIPAL unconditionally covenants and agrees to guarantee and warranty all improvements built or altered which are to become City property against all defects in workmanship, materials, equipment, or construction during the Warranty Period, and PRINCIPAL shall pay all costs to complete repairs to said improvements during the Warranty Period; and (2) PRINCIPAL shall indemnify City for any and all loss or losses that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one (1) year from or after November 28, 2018. B. DEFAULT: PRINCIPAL AND SURETY jointly and severally understand, in the event the PRINCIPAL fails or refuses to complete the warranty obligations required herein during the Warranty Period noted above, City has the right to: 1. demand that the SURETY promptly remedy the default; or 2. demand payment by the SURETY of the amount due to City, including amounts required to remain secured, up to the face amount of the Bod, by letter signed by the City Administrator, or a designee, stating that the PRINCIPAL has defaulted on PRINCIPAL's warranty obligations, which obligations were a condition of approval of the Permit; or 3. institute an immediate suit against SURETY to recover the full amount of this SURETY BOND for the purpose of correcting the defective materials or workmanship. Any notice to City that this SURETY BOND will expire prior to the expiration of the Warranty Period shall be deemed a default. PRINCIPAL and SURETY jointly and severally understand that failure to correct the defects in materials or workmanship within the time periods set forth herein, or at the latest, to commence or recommence completion of the obligations within thirty (30) days after written notice by the City Administrator, or a designee, to PRINCIPAL and SURETY to do so, shall be deemed to be a failure and refusal to complete such obligations. PRINCIPAL and SURETY also understand that in the event the City elects to institute suit against SURETY, and the funds recovered thereby prove insufficient to correct the defective materials or workmanship, the PRINCIPAL shall be liable hereunder to pay to City any sums required to complete the obligations hereunder, including, but not limited to, legal and contingent costs, together with any damages, direct or consequential, which the City may sustain because of PRINCIPAL's failure to comply with all of the requirements hereof. C. NOTICE: Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by registered or certified mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: TO CITY OF DANIA BEACH: Address: 100 W Dania Beach Blvd., Dania Beach FL 33004 TO PRINCIPAL: STIRLING SQUARE, LLC, a Florida limited liability company Address: 2680 W State Road 84 Suite 118 Dania Beach FL 33312 TO SURETY: The Ohio Casualty Insurance Company Address: 175 Berkeley Street, Boston, MA 02116 D. BOND TO REMAIN IN FULL FORCE AND EFFECT: This SURETY BOND shall be kept in full force and effect by the PRINCIPAL at all times during the Warranty Period, as provided herein. In the event of any material change, cancellation, expiration, or non-payment of premiums, SURETY shall notify City by certified mail or registered mail, return receipt requested, at least thirty (30) days prior to the effective date of the change, cancellation, or expiration of said SURETY BOND. Notice to City that this SURETY BOND will expire prior to performance of PRINCIPAL's obligations shall be deemed a default pursuant to section B above. IN WITNESS WHEREOF, the PRINCIPAL has caused this SURETY BOND to be executed (and its corporate seal to be affixed, if the PRINCIPAL is a corporation); the SURETY has caused this bond to be executed in its name by its Attorney-in-Fact duly authorized to do so, and its corporate seal to be affixed, on November 28, 2018. PRINCIPAL: STIRLING SQUARE, LLC a Florida limited liability company By: SALZMAN REAL ESTATE HOLDINGS, LLC I a Florida limited liability company, Its manager 1 itn s Signatur (as to all signatories) By: Terrence Salzman, Mana er YVl• Witnes Signature (as to ignatories) C7 qTheS44 anager By: JABBER STIRLING, , a Florida limited ' ili ompany Its manager By: ZRoIT07MVo, Manager i I SURE)and The Ohio Casualty Insurance Company SBAL Agenttorney ip fact: Wi ess g ature Typed Name: Warren M. Alter, Attorney-in- act and -Florida Resident g Address: 175 Berkeley Street, Boston, MA 02116 Witness Signature Phone No: (617) 357-9500 Surety Bond'No. 964222005 f THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND: This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7730156 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF:ATTORNEY KNOWN ALL PERSONS$Y THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws-of the State of New Hampshire,,that Liberty Mutual Insurance;.Company is a corporation duly organized..under the.laws.of the State of Massachusetts, and West American Insurance'.Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, David T:Satine•Jonathan A.N efifch•Warren;M.Alter -777777-77-77 all of the city of.MIAMI LAKES ,state of.FL'' each individually if there.be more Shan one milted,its true end.lawful attorney m fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and:as its ack and deed,any.and all undertakings,bonds;recognizances and othersurety obligations in porsuanceof these presents and shall be as binding upon the Companies as if they belie been duly signed byahe president and attested by the secretary of the Companies in their own proper persons. IN INITNESS.WHEREOF,this Power of Attorney has been subscribed.byan authorized officer or official of the Companiesand the corpafate Seals of the Companies have been affixed thereto this 13th day of April 2017 -,J INSV ytNSUq 'N1NSUq JP oes'cw.tr'�v .��c�prRtir. r r ,,,"•i� The Ohio Casually Insurance Company �y rn Liberty Mutual Insurance Company O p 1979 n a .r o �� 191 z rb 1991 a West American I.nsurance Company N J rFtrHnra,;;fi°"db /�*SRA tniS. '�? 3 O'aAilr �2 to tit *� By. .a STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary >_ ro COUNTY OF MONTGOMERY C — O. d On this 13th day of April 2017 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v E. y a) Company,The Ohio Casualty Company,and West American Insurance Cornpany,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes 9+W 0.2 therein contained by signing on behalf of the corporations by,himself as a duly authorized officer. CC d > IN WITNESS WHEREOF,i have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O 3 gP PAST COMMONWEALTH OF PENNSYLVANlA �Q%� J d Q.CM oNw By.F!! Notarial Sea! '', . ' w • , '+ +� 0 O C'N ti u x y Teresa PasteUe,Notary Public L C i OF Upper MerionTwp.,Montgomery County Teresa Pastella,No Public �`P My Commission Expires March 28,2021 3 M 4wtVP U y qr�y._..pJ Member,Pennsylvania Association of Notaries d_E 0.01 Y��++ m r-ca This Power of Attorney is made and executed.pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company,Liberty Mutual t4 p +Ji+, insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading:as follows. r two L ARTICLE IV-OFFICERS-Section 12 Power of Attorney.Any officer or other official of the Corporation:authorized for that purpose in writing by the Chairman or the President,and subject 0.c r.d+ to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may b. necessary to act in behalf of the.Corporation to make,execute,seal, d o S acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attpmeys in fact,subject to the limitations set forth in-their respective E powers of attorney,shall have full power to bind the Corporation by their signature and execution.of any such instruments and to attach thereto the seal of the Corporation. When so" G) p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >. the provisions of this article maybe revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.: t +,N = ARTICLE X111-Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized.for that purpose in writing by the chairman or the president, in Land subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to actin behalf of the Company to make,execute, M O seat,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the.limitatitms set forth in their o?. Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instrument is and to attach thereto the seal of the Company. When so 040 executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Certificate of Designation—The President of the Com an acti ursuent to the Bylaws.of the Can an,authorizes bavid M.Corey,Assistart Secretar to point such attome s-m- ~ t) P Y rig P_ P YY appoint Y fact as may be:necessary#o act on behalf .ofthe Company to make execute,seal,acknowledge a_nd deliver as'surety any and all undertakings;bonds,recognizances and other surety obligations. Authorization;By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced sigrature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of mpa attorney issued by the Cony in connection with surety bonds,shall be valid and funding upon the Company with the same force and effect as though manuallyaffixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty insurance:Company, Liberty Mutual Insurance Company and West American insurance Company do hereby certify that the.original power of altomey.of which the foregoing Is a lull,true and correct copy of the Power of Attomey executed:by said Companies,is.in full force and.effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 2 8th 'day of November_" 2018 y(Y INS(r LlNStJq �INSUg7 - r yJP�Fo2y�92 0 1— o 1912 ° N 1991 By' 0 Renee C.Lle ssistant Secretary �'•F�',arnei��l'�D e/)��Ss^ctNSkt�l2 � a+unuh 34 of 50 LMS_12873_022017