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<br />GROUND LEASE AND DEVELOPMENT AGREEMENT <br /> <br />This Ground Lease and Development Agreement (the "Lease") is made as of this _day of <br />, 2011, by and between the City of Sunny Isles Beach, Florida, a Florida <br />municipal corporation ( "Landlord"), whose address is 18070 Collins Avenue, Sunny Isles <br />Beach, Florida 33160, and 4M Investors, a Florida Limited Liability Company ("Tenant"), <br />whose address is 3211 Ponce De Leon Blvd., Suite 301, Coral Gables, FL 33134. <br /> <br />WIT N E SSE T H: <br /> <br />WHEREAS, the City is the fee simple title holder of that certain real property located in <br />Sunny Isles Beach, Miami-Dade County , Florida, which is legally described in Exhibit "A" <br />attached hereto (the "Land"). The Land described in Exhibit "A" is defined as the leased <br />Premises, which are the subject of this Lease. The Premises encompasses approximately 60,000 <br />square feet of land; and <br /> <br />WHEREAS, Tenant desires to lease the Premises from Landlord, and Landlord desires to <br />lease its real property (the Premises) to Tenant, on the terms and covenants and subject to the <br />conditions set forth in this Lease; and <br /> <br />WHEREAS, the Landlord intends to build a park and parking garage on real property <br />owned by Landlord which is legally described in Exhibit "B", and said property is located <br />adjacent to the Premises. The property described in Exhibit "B" is hereinafter defined as <br />Landlord's Property. <br /> <br />NOW, THEREFORE, in consideration of the mutual promises and agreements set forth <br />below, and other good and valuable consideration, the receipt and adequacy of which are hereby <br />acknowledged, Landlord and Tenant agree that the foregoing recitals are true and correct and <br />further agree as follows: <br /> <br />ARTICLE I <br />Premises/ Term <br /> <br />Section 1. Premises/Term. Landlord, in consideration of the rents and covenants hereinafter <br />specified to be paid, kept and performed by Tenant, hereby demises and leases to Tenant, and <br />Tenant hereby takes and hires from Landlord, the Premises previously identified in Exhibit "A" <br />which is attached hereto and incorporated herein upon the terms, conditions and covenants <br />hereinafter set forth for (i) an initial term of thirty (30) years commencing on the date of issuance <br />of a "Certificate of Occupancy" for use of Tenant's Project as described in Exhibit "c" hereof <br />and expiring thirty (30) years from the date of issuance of Certificate of Occupancy and <br />affording the Tenant, at its option, two (2) thirty (30) year options to renew and a third option for <br />nine (9) year term. <br /> <br />2 <br />