alta 2006 commitment

Bilzin Sumberg Baena Price & Axelrod LLP1450 Brickell Avenue,, Suite 2300

Miami, FL 33131Phone: 305-374-7580Fax: 305-374-7593

Chicago Title Insurance Company

Revised: 2-19-2013 as REVISION B

COMMITMENT FOR TITLE INSURANCESCHEDULE A

Order No.: 4314786Customer Reference: Bayside Marketplace

1. Effective Date: February 04, 2014 at 11:00 PM

2. Policy or Policies to be issued: Premium: $TBD

A. ALTA Owners 2006 with Florida Modifications with Alta 13-06 EndorsementProposed Insured: SkyRise Miami, LLC, a Florida limited liability companyProposed Amount of Insurance: $450,000,000.00

3. The estate or interest in the land described or referred to in this Commitment is:

Leasehold and easement

4. Title to the Leasehold and easement estate or interest in the land is at the Effective Date vested in:

Parcel 1, 2A, 2B and 2C and Parcel 4:

Leasehold: Bayside Marketplace, LLC, a Delaware limited partnership, successor by merger to Bayside Center Limited Partnership, a Maryland limited partnership

As to Parcel 3A:

Fee: United States of America

Parcel 3B:

Countersigned:

BY: _______________________________Authorized Officer or Agent

Copyright American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

1 of 14ALTA Commitment (6/17/06) (with FL Modifications)

Fee: City of Miami, a municipal corporation of the State of Florida

(Note: As to the fee, City of Miami, a municipal corporation of the State of Florida)

5. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof.

Order Number: 4314786Customer Reference: Bayside Marketplace

SCHEDULE B SECTION IREQUIREMENTS

The following are requirements to be complied with:

1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.

2. Instrument(s) creating the estate or interest to be insured must be properly executed, delivered and filed for record:

A. Duly executed Sub-Lease or Memorandum thereof from Bayside Marketplace, LLC, a Delaware limited liability company, to SkyHigh Miami, LLC, now known as SkyRise Miami, LLC, a Florida limited liability company, Lessee (executed with the formalities of a deed, leasing Parcel 1 described on Schedule A to the Proposed Insured, and creating the easements described as Parcels 2A, 2B, 2C and 4 on Schedule A to the Proposed Insured, together with Consent by the City of Miami to the Sub-Lease.

We reserve the right to make additional requirements and/or exceptions upon review of a fully executed copy including all exhibits of the Sub-Lease and a fully executed copy of the Leases including all exhibits.

B. Duly executed Grant of Easement from the United States of America, Grantor, to SkyRise Miami, LLC, a Florida limited liability company, creating the Easement to be insured, with an attached evidence of the authority of the person/officer who will execute the Easement on behalf of the United States of America. (Parcel 3A)

We reserve the right to make additional requirements and/or exceptions upon review of the foregoing.

C. Duly executed Grant of Easement from the City of Miami, a municipal corporation of the State of Florida, Grantor, to SkyRise Miami, LLC, a Florida limited liability company, creating the Easement to be insured, with an attached Resolution authorizing the Lease and identifying the officer who is authorized to execute the Lease on behalf of the City of Miami. (Parcel 3B)

We reserve the right to make additional requirements and/or exceptions upon review of the foregoing.

D. Intentionally deleted.

3. Proof of payment of any outstanding assessments in favor of Miami-Dade County, Florida, any special taxing district and any municipality. NOTE: If this requirement is not satisfied the following exception will appear on Schedule B:

Any outstanding assessments in favor of Miami-Dade County, Florida, any special taxing district and any municipality.

4. Proof of payment of service charges for water, sewer, waste and gas, if any, through the date of closing. NOTE: If this requirement is not met the following exception will appear on Schedule B:





Any lien provided for by Florida Statutes in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer, waste or gas system supplying the insured land or service facilities.

5. Provide the Company with an Estoppel Affidavit from the Lessor of the Lease described in Requirement 2A or his/her/its successors or assigns, stating that: 1) the Lease is still in full force and effect, and there has been no default in the payment of rent; 2) there are no defaults under any other terms, covenants or conditions of the Lease; and 3) there are no charges which the Lessor, his successors or assigns, claim to be additional liens upon the Leasehold Estate.

6. The Company will require the following as to Bayside Marketplace, LLC, a Delaware limited liability company: ("LLC"):

A. Intentionally deleted.

B. Present for review a true and complete copy of the articles of organization and operating agreement of the LLC and any amendments thereto.

C. Record an affidavit from the person executing the proposed sub-lease on behalf of the LLC certifying: i) the name and state of organization of the LLC; ii) whether the LLC is member-managed or manager-managed; iii) the identity of the member or manager and the person authorized to execute the sub-lease; and iv) neither the LLC nor any member signing the deed have filed bankruptcy since the LLC acquired title.

D. If the member or manager of the LLC is also a business entity, present proof of the entity's good standing and the appropriate entity documents to establish signing authority.

If the proposed lease will be executed by anyone other than a member or manager, those portions of the operating agreement or other documentation evidencing the authority of the signatory must be attached as an exhibit to the affidavit.

7. To terminate the notice of commencement recorded June 13, 2013 in Official Records Book 28677, Page 268; and recorded November 13, 2013 in Official Records Book 28909, 031, it is recommended that the issuing agent contact the underwriting department at least 3-5 business days prior to closing to discuss requirements. Each situation is considered on a case-by-case basis. After the construction lien risk has been evaluated in accordance with the guidelines contained in Underwriting Bulletin 2011-04 and approved by the Company, for each notice of commencement referenced above, the issuing agent must:

a) Record notice of termination together with a contractor's final payment affidavit pursuant to Section 713.132, Florida Statutes. The notice of termination must be sworn and subscribed to by the appropriate party(s) and be properly served upon the contractor and each person who gave notice to owner.

b) Obtain final waivers and releases of lien from any lienor(s) showing as unpaid in the contractor's final payment affidavit.

c) Provide original, signed copy of the Company's indemnity agreement to the underwriting department.





d) Comply with any additional requirements deemed necessary by the Company.

8. Intentionally deleted.

9. Issuing agent must obtain from the Company or perform themselves a title update three (3) business days prior to closing, to verify that no adverse matters or defects appear in the public records.



12.The complete legal description to be insured must be furnished to the company and this commitment is subject to such additional requirements and/or exceptions as may then be deemed necessary.

13.Satisfactory evidence to be recorded in the form of an Affidavit from someone with knowledge of the facts establishing that the instruments recorded in Official Records Book 16604, Page 2907, and in Official Records Book 16650, Page 3558, and in Official Records Book 16022, Page 4070, and in Official Records Book 17120, page 1304, and in Official Records Book 18836, Page 2468, apply to individual kiosks and/or interim tenant spaces within Bayside Marketplace which are not located within the insured lands described on Schedule A hereof.

14.Corrective Assignment and Assumption of Lease to correct the legal described attached to the Assignment and Assumption of Lease recorded in Official Records Book 14059, Page 1927, to described the actual property subject to the leasehold interest being assigned. We reserve the right to make additional requirements and/or exceptions upon review of the Corrective Assignment and Assumption of Lease. In the event that the legal description in the Corrective Assignment and Assumption includes any portion of the insured described premises described on Schedule A this item will be shown as an exception on the policy to be issued pursuant to this commitment.

Alternatively, an Affidavit to be recorded from someone with knowledge of the facts certifying that the premises demised under the aforementioned Lease is not within the boundary of the land to be insured described on Schedule A hereof, and attaching a sketch or survey showing the location of the parcel demised under the aforementioned Lease.

We reserve the right to make additional requirements and/or exceptions upon receipt and review of the Corrective Assignment or Affidavit provided to comply with the foregoing requirement.

15.Corrective Collateral Assignment of Lease to correct the legal description attached to the Collateral Assignment of Lease recorded in Official Records Book 19788, Page 3559, to described the actual property which is subject to the Collateral Assignment of Lease. We reserve the right to make additional requirements and/or exceptions upon review of the Corrective Collateral Assignment of Lease. NOTE: In the event that the legal description in the Corrective Collateral Assignment of Lease includes any portion of the described premises described on Schedule A this item shall be shown as an exception on the policy to be issued pursuant to this commitment.

Alternatively, an Affidavit to be recorded from someone with knowledge of the facts certifying that the premises demised under the aforementioned Lease is not within the boundary of the land to be insured





described on Schedule A hereof, and attaching a sketch or survey showing the location of the parcel demised under the aforementioned Lease.

We reserve the right to make additional requirements and/or exceptions upon receipt and review of the Corrective Assignment or Affidavit provided to comply with the foregoing requirement.

16.Satisfaction or Release of the Notice of Violation and/or Order Imposing Fine in favor of City of Miami, recorded Official Records Book 28747, Page 2219, of the Public Records of Miami - Dade County, Florida; together with documentation from the appropriate governmental agency must be furnished evidencing that the particular violation affecting the land described in Schedule A has been removed or corrected and no longer constitutes a violation.

Note: Taxes for the year 2013 under folio number 01 01000000522 and under folio number 01 01000000523 are reflected by the Tax Collector's online record system as paid.

Note: Taxes for the year 2013 are reflected by the Tax Collector's online record system as Exempt under Folio Number 01 01000000520 and 01 01000000521.

THIS IS A PRELIMINARY COMMITMENT THAT REQUIRES APPROVAL BY THE STATE AND NATIONAL UNDERWRITING OFFICES FOR THE COMPANY. ACCORDINGLY, THIS COMMITMENT IS NOT EFFECTIVE TO BIND THE COMPANY UNTIL THE NECESSARY APPROVAL IS OBTAINED FROM THE COMPANYâ€™S NATIONAL UNDERWRITING OFFICE . IT IS UNDERSTOOD THAT APPROVAL MAY BE GIVEN SUBJECT TO ADDITIONAL REQUIREMENTS OR EXCEPTIONS.

END OF SCHEDULE B SECTION I




SCHEDULE B SECTION IIEXCEPTIONS

Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company:

1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.

2. Taxes and assessments for the year 2013 and subsequent years, which are not yet due and payable.

3. Standard Exceptions:

A. Easements, claims of easements, boundary line disputes, overlaps, encroachments or other matters not shown by the public records which would be disclosed by an accurate survey of the Land.

B. Rights or claims of parties in possession not shown by the public records.

C. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the public records.

D. Taxes or assessments which are not shown as existing liens in the public records.

4. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land.


6. Any land described in Schedule A which is artificially filled in land in what was formerly navigable waters, is subject to the rights of the United States government, arising by said government's control over navigable waters involving navigation and commerce. (as to all)

7. Restrictions, reservations and reverter in favor of the Trustees of the Internal Improvement Fund of the State of Florida contained in Deed No. 19447 recorded April 11, 1949 in Deed Book 3130, Page 257, and Agreement and Release of Deed Restrictions and Reverter recorded December 11, 1985 in Official Records Book 12726, Page 860. (As to all except Parcel 1, Parcel 2A, Parcel 2B, Parcel 2C and the portion of Parcel 4 within the retail parcel described in Official Records Book 13492, Page 3199.

8. Grant of Easement in favor of the County of Dade, recorded April 2, 1970 in Official Records Book 6811, Page 240, as modified by Modification to Grant of Easement recorded January 12, 1998 in Official Records Book 17939, Page 1015, of the Public Records of Miami - Dade County, Florida. (Parcel 4)

9. Ordinance No. 81-19 regarding the Biscayne Bay Management Plan, recorded May 29, 1981 in Official Records Book 11114, Page 822, of the Public Records of Miami - Dade County, Florida. (as to all)

10.Terms, conditions, provisions and easements set forth in that certain Amended and Restated Lease dated October 15, 1985 between the City of Miami, Lessor, and Bayside Center Limited Partnership, Lessee, a Memorandum of which was recorded October 29, 1985 in Official Records Book 12684, Page 157, as modified by Memorandum of Modification of Lease recorded December 1, 1987 in Official Records Book 13492, Page 3199, Agreement recorded October 6, 1988 in Official Records Book 13849, Page 907,



Agreement recorded January 12, 1998 in Official Records Book 17939, Page 1026, and Second Amendment to Tri-Party Agreement recorded February 20, 2004 in Official Records Book 22060, Page 2591, as affected by the Certificate of Merger recorded in Official Records Book 26660, Page 2392, with Sub-Lease recorded in Official Records Book _____, Page _____, of the Public Records of Miami - Dade County, Florida. (Parcel 1, Parcel 2A, Parcel 2B, Parcel 2C and Parcel 4)

11.Terms, conditions, provisions and easements set forth in that certain Lease dated January 14, 1985, between the City of Miami, Lessor, and Bayside Center Limited Partnership, Lessee, a Memorandum of which was recorded November 4, 1985 in Official Records Book 12690, Page 159, as modified by Memorandum of Modification of Lease recorded October 6, 1988 in Official Records Book 13849, Page 1004, Agreement recorded October 6, 1988 in Official Records Book 13849, Page 907, Agreement recorded January 12, 1998 in Official Records Book 17939, Page 1026, and Second Amendment to Tri-Party Agreement recorded February 20, 2004 in Official Records Book 22060, Page 2591, as affected by the Certificate of Merger recorded in Official Records Book 26660, Page 2392, as affected by the Sub-Lease recorded in Official Records Book _____, Page _____, of the Public Records of Miami - Dade County, Florida. (Parcel 4)

12.Unity of Title by and between the City of Miami and Metropolitan Dade County, recorded January 9, 1986 in Official Records Book 12754, Page 689, of the Public Records of Miami - Dade County, Florida. (Parcel 1, Parcel 2A, Parcel 2B, Parcel 2C and Parcel 4)

13.Covenant by and between the City of Miami, Bayside Center Limited Partnership, and Metropolitan Dade County, recorded January 9, 1986 in Official Records Book 12754, Page 698, of the Public Records of Miami - Dade County, Florida. (Parcel 1, Parcel 2A, Parcel 2B, Parcel 2C and Parcel 4)

14.Agreement for Water and Sewage Facilities and Service recorded February 20, 1986 in Official Records Book 12797, Page 2545, of the Public Records of Miami - Dade County, Florida. (Parcel 1, Parcel 2A,Parcel 2B, Parcel 2C and Parcel 4)

15.Unity of Title by and between the City of Miami and Metropolitan Dade County recorded January 20, 1987, in Official Records Book 13151, Page 2601, of the Public Records of Miami - Dade County, Florida. (as to all)

16.Covenant by and between the City of Miami and Metropolitan Dade County recorded January 20, 1987 in Official Records Book 13151, Page 2612, of the Public Records of Miami - Dade County, Florida. (as to all)

17.Agreement for Water and Sewage Facilities and Service recorded March 13, 1987 in Official Records Book 13211, Page 783, of the Public Records of Miami - Dade County, Florida. (as to all)

18.Easement Agreement by and between the City of Miami, Miami-Dade Water and Sewer Authority Department and Bayside Center Limited Partnership, recorded June 4, 1987 in Official Records Book 13300, Page 741, of the Public Records of Miami - Dade County, Florida. (Parcel 2A, Parcel 2B, Parcel 2C and Parcel 4)

19.Water Easement Agreement by and between the City of Miami, Miami-Dade Water and Sewer Authority Department and Bayside Center Limited Partnership, recorded June 4, 1987 in Official Records Book 13300, Page 758, of the Public Records of Miami - Dade County, Florida. (Parcel 2A, Parcel 2B, Parcel 2C and Parcel 4)



20.Declaration and Easement Agreement by and between the City of Miami and Bayside Center Limited Partnership, recorded December 21, 1987 in Official Records Book 13514, Page 2771, of the Public Records of Miami - Dade County, Florida. (Parcel 2A, Parcel 2B, Parcel 4, and Parcel 5)

21.Gas Easement in favor of Peoples Gas System, Inc. recorded February 19, 1991 in Official Records Book 14902, Page 821, of the Public Records of Miami - Dade County, Florida. (as to all)

22.Easements for Electric Facilities in favor of Florida Power & Light Company recorded March 12, 1991 in Official Records Book 14933, Page 2436, of the Public Records of Miami - Dade County, Florida. (as to all)

23.Bill of Sale in favor of Metropolitan Dade County, recorded July 9, 1991 in Official Records Book 15098, Page 3608, of the Public Records of Miami - Dade County, Florida. (Parcel 1, Parcel 2A, Parcel 2B, Parcel 2C and Parcel 4)

24.Water Easement Agreement by and between the City of Miami, Miami-Dade Water and Sewer Authority Department and Bayside Center Limited Partnership, recorded October 29, 1991 in Official Records Book 15247, Page 1598, of the Public Records of Miami - Dade County, Florida. (Parcel 1 and Parcel 4)

25.Bill of Sale in favor of Metropolitan Dade County recorded October 7, 1992 in Official Records Book 15673, Page 246, of the Public Records of Miami - Dade County, Florida. (Parcel 2B and Parcel 4)



28.Stipulated Settlement and Agreed Order in favor of Celebration Excursions of Miami, Inc. recorded February 13, 1996 in Official Records Book 17091, Page 3276, of the Public Records of Miami - Dade County, Florida. (as to all)


30.Grant of Easement from the City of Miami to Miami-Dade County, recorded March 27, 2008 in Official Records Book 26291, Page 1540, of the Public Records of Miami - Dade County, Florida. (Parcel 3B)

31.Collateral Assignment of Lease in favor of Sun Bank National Association, as Trustee, recorded in Official Records Book 15954, Page 859. (as to Parcel 4)


33.Stipulation and Settlement Agreement recorded in Official Records Book 13752, Page 1107, and Notification of an Extension recorded in Official Records Book 26557, Page 217, and in Official Records Book 26557, Page 223. (as to all).











42.All right, title and interest of the public to the use of Bayfront Park as a public Park. (Parcel 3B)

43.Any loss or damage occasioned by the failure of that certain Amended and Restated Lease dated October 15, 1985 between the City of Miami, Lessor, and Bayside Center Limited Partnership, Lessee, a Memorandum of which was recorded October 29, 1985 in Official Records Book 12684, Page 157, as modified by Memorandum of Modification of Lease recorded December 1, 1987 in Official Records Book 13492, Page 3199, Agreement recorded October 6, 1988 in Official Records Book 13849, Page 907, Agreement recorded January 12, 1998 in Official Records Book 17939, 26, and Second Amendment to Tri-Party Agreement recorded February 20, 2004 in Official Records Book 22060, Page 2591, as affected by the Certificate of Merger recorded in Official Records Book 26660, Page 2392, with Sub-Lease recorded in Official Records Book _____, Page _____, of the Public Records of Miami - Dade County, Florida, to contain an adequate and specific legal description for the easement insured as Parcel 2C of this Policy.

44.Any loss or damage occasioned by the failure of that certain A non-exclusive easement to benefit Parcel 1 from the City of Miami, a municipal corporation of the State of Florida to _______ (the Proposed Insured Owner) recorded in Official Records Book _____, Page _____, of the Public Records of Miami - Dade County, Florida, to contain an adequate and specific legal description for the easement insured as Parcel 3B of this Policy.

45.Resolution No. R-1115-90 recorded in Official Records Book 28930, Page 3892 and Notice of Filing recorded in Official Records Book 28920, Page 4413.

NOTE: Notice Under Florida Statute 713.10, recorded September 22, 1986, in Official Records Book 13025, Page 3268, of the Public Records of Miami - Dade County, Florida. (Parcel 1, Parcel 2A, and Parcel B)

NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction.

NOTE: If the proceeds of the loan to be secured by the insured mortgage are deposited with the Company or its authorized agent, Item 1 above shall be deemed deleted as of the time such funds are disbursed to or for the account of the borrower. Neither the Company nor its agent shall, however, be under any duty to disburse any sum except upon a determination that no such adverse intervening matters have appeared of record or occurred.

NOTES ON STANDARD EXCEPTIONS:

Item 3A will be deleted from the policy(ies) upon receipt of an accurate survey of the Land acceptable to the Company. Exception will be made for any encroachment, setback line violation, overlap, boundary line dispute or other adverse matter disclosed by the survey.



Items 3B, 3C, and 3D will be deleted from the policy(ies) upon receipt of an affidavit-indemnity acceptable to the Company, affirming that, except as disclosed therein (i) no parties in possession of the Land exist other than the record owner(s); (ii) no improvements have been made to the Land within 90 days prior to closing which have not have been paid for in full; and (iii) no unpaid taxes or assessments are against the Land which are not shown as existing liens in the public records. Exception will be made for matters disclosed in the affidavit-indemnity.

NOTE: All recording references in this commitment/policy shall refer to the public records of Miami-Dade County, Florida, unless otherwise noted.

"THIS IS A PRELIMINARY COMMITMENT THAT REQUIRES APPROVAL BY THE STATE AND NATIONAL UNDERWRITING OFFICES FOR THE COMPANY. ACCORDINGLY, THIS COMMITMENT IS NOT EFFECTIVE TO BIND THE COMPANY UNTIL THE NECESSARY APPROVAL IS OBTAINED FROM THE COMPANYâ€™S NATIONAL UNDERWRITING OFFICE . IT IS UNDERSTOOD THAT APPROVAL MAY BE GIVEN SUBJECT TO ADDITIONAL REQUIREMENTS OR EXCEPTIONS."

NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting Chicago Title Insurance Company, 13800 NW 14th Street , Suite 190, Sunrise, FL 33323; Telephone 954-217-1744.

Searched By: Pat Guilmette

END OF SCHEDULE B SECTION II


EXHIBIT “A”

Parcel 1 (Retail Sub-Lease):

A Sub-Leasehold interest created by the Sub-Lease from Bayside Center Limited Partnership, a Delaware limited partnership to SkyHigh Miami, LLC, now known as SkyRise Miami, LLC, a Florida limited liability company, dated March 29, 2013, as Memorandum of which is recorded ____, in Official Records Book ____, Page ____, of the Public Records of Miami-Dade County, Florida, subject to the terms and provisions contained therein, demising the following described parcel of land:

Commence at the Northeast corner of Block 61 North of the A.L. Knowlton Map of Miami, as recorded in Plat Book "B" at Page 41, of the Public Records of Miami - Dade County, Florida; thence run North 89°58'18" East along the Easterly prolongation of the Northerly line of Block 61 North of said A.L. Knowlton Map of Miami for a distance of 703.43 feet to a point; thence run South 00°08'11" West for a distance of 100.00 feet to a point of intersection with the South line of Port Boulevard as recorded in Official Records Book 6811, at Page 240, of the Public Records of Miami - Dade County, Florida; said point being the Point of Beginning of the parcel known as Property "A" (A.K.A. Retail Parcel) hereinafter described; thence run South 00°08'11" West for a distance of 181.09 feet to a point; thence run South 89°51'49" East for a distance of 23.83 feet to a point; thence run South 00°08'11" West for a distance of 41.50 feet to a point; thence run North 89°51'49 West for a distance of 23.83 feet to a point; thence run South 00°08'11" West for a distance of 174.50 feet to a point; thence run South 89°51'49" East for a distance of 23.83 feet to a point; thence run South 00°08'11" West for a distance of 41.50 feet to a point; thence run North 89°51'49" West for a distance of 179.58 feet to a point; thence run South 00°08'11" West for a distance of 25.00 feet to a point; thence run North 89°51'49" West for a distance of 157.27 feet to a point of intersection with a line 210 feet Easterly of and parallel with the city monument line of Biscayne Boulevard (North); thence run South 16°51'29" East along a line parallel with the city monument line for a distance of 57.78 feet to a point; thence continue along a line 210 feet Easterly of and parallel with the city monument line South 09°33'21" East for a distance of 139.74 feet to a point; thence run South 89°51'49" East for a distance of 140.96 feet to a point; thence run South 56°58'03" East for a distance of 604.49 feet to a point; thence run South 65°50'46" East for a distance of 470.52 feet more or less to a point of intersection with the West line of the Baywalk Area as described in the Warranty Deed dated July 16, 1985, and filed July 31, 1985, under Clerk's File No. 85R-231126 of the Public Records of Miami - Dade County, Florida; thence run North 27°13'14" East along the West line of said Baywalk Area for a distance of 148.28 feet to a point designated PL-14 in said Warranty Deed, said point bears South 57°16'29" West and is 77.25 feet distance from a U.S. Army Corp of Engineers Station BFP-1, said station being a chiseled "X" in a concrete bulkhead; thence run South 85°27'43" East along the North line of said Baywalk Area for a distance of 49.24 feet more or less to a point of intersection with a line 65.00 feet Northwesterly of the Metropolitan Dade County Bulkhead line as recorded in Plat Book 74, at Page 18, of the Public Records of Miami - Dade County, Florida; thence run North 27°17'27" East along said line parallel with the Metropolitan Dade County Bulkhead line for a distance of 276.54 feet, to the Point of Beginning (POB), of a tract of land to be known as "Sky High Miami" thence continue aforementioned bearing of North 27°17'27" East for a distance of 437.78' to a point of intersection with the existing bulkhead of the Miamarina; thence run North 40°20'40" West along said existing bulkhead for a distance of 185.10 feet to a point of intersection in the existing bulkhead; thence run South 27°12'22" West for a distance of 508.47 feet to a point, thence South 62°47'38" East for a distance of 170.43 to the Point of Beginning (POB).




EXHIBIT “A”

Parcel 2A and Parcel 2B and Parcel 2C (Easement):

A non-exclusive easement for ingress and egress over and across the following described lands, being a portion of the "Retail" parcel leased by the City of Miami, Lessor, to Bayside Center Limited Partnership, Lessee, by that certain Amended and Restated Lease dated October 15, 1985, a Memorandum of which was recorded in October 29, 1985, in Official Records Book 12684, Page 157, as modified by Memorandum of Modification of Lease recorded in Official Records Book 13492, Page 3199, and Agreement recorded in Official Records Book 13849, Page 907, and in Official Records Book 17939, Page 1026, and in Official Records Book 22060, Page 2591, subject to the terms and provisions contained therein, of the Public Records of Miami-Dade County, Florida):

2A: AS SHOWN ON ATTACHED SKETCH OF PROPOSED EASEMENT PARCELS PREPARED BY ZURWELLE-WHITTAKER, INC., DATED APRIL 10, 2013, LEGAL DESCRIPTION TO BE PROVIDED AND INSERTED HERE.

2B: AS SHOWN ON ATTACHED SKETCH OF PROPOSED EASEMENT PARCELS PREPARED BY ZURWELLE-WHITTAKER, INC., DATED APRIL 10, 2013, LEGAL DESCRIPTION TO BE PROVIDED AND INSERTED HERE.

2C. As shown on the attached drawing as Parcel 2C

Parcel 3A:

A non-exclusive easement for ingress and egress to benefit Parcel 1 from the United States of America to _______ (the Proposed Insured Owner) recorded in Official Records Book _____, Page ____, and subject to the terms and provisions contained therein, described as follows:

LEGAL DESCRIPTION TO BE PROVIDED AND INSERTED HERE.

Parcel 3B:

A non-exclusive easement to benefit Parcel 1 from the City of Miami, a municipal corporation of the State of Florida to _______ (the Proposed Insured Owner) recorded in Official Records Book _____, Page _____, subject to the terms and provisions contained therein, shown as the attached drawing as Parcel 3B.

Parcel 4 (Easement):

The non-exclusive right, privilege and easement to use the pedestrian pathways and the pedestrian/vehicular access roads from time to time made available for pedestrian and vehicular ingress and egress to and from the Demised Premises to the public streets to which such pedestrian pathways and pedestrian/vehicular access roads connect, and the non-exclusive right, privilege and easement to use such areas from time to time used for the parking of vehicles over the "Retail" parcel leased by the City of Miami, Lessor, to Bayside Center Limited Partnership, Lessee, by that certain Amended and Restated Lease dated October 15, 1985, a Memorandum of




EXHIBIT “A”

which was recorded in October 29, 1985, in Official Records Book 12684, Page 157, as modified by Memorandum of Modification of Lease recorded in Official Records Book 13492, Page 3199, and over the "Garage Parcel" leased by the City of Miami, Lessor, to Bayside Center Limited Partnership, Lessee, as set forth in that certain Lease dated January 14, 1985, a Memorandum of which was recorded November 4, 1985, in Official Records Book 12690, Page 159, as modified by Memorandum of Modification of Lease recorded in Official Records Book 13849, Page 1004, and as said Lease(s) are affected by the Agreement recorded in Official Records Book 13849, Page 907, and in Official Records Book 17939, Page 1026, and in Official Records Book 22060, Page 2591, of the Public Records of Miami-Dade County, Florida, the aforementioned non-exclusive easement rights being set forth in the Sub-Lease, a Memorandum of which is recorded in Official Records Book _____, Page _____, subject to the terms and provisions contained therein.



alta 2006 commitment

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