Thursday,

A pril 7 , 2 016 at 6 :18:47 PM Eastern Daylight Time

Subject: Fwd: Walmar Midtown

Date: Thursday, December 24, 2015 at 10:39:19 AM Eastern Standard Time
From:
To:
CC:

Mendez, Victoria
Gomez, Marta, Alvarez, ValenHn J
Suarez-Rivas, Rafael

Please print double sided. Thx.

Victoria Mndez, City A<orney

Board CerHed, City, County and
Local Government
City of Miami Oce of the City
AWorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendez@miamigov.com
Assistant: Marta Gomez (305) 416-1844
Begin forwarded message:
From: "Mark Emanuele" <mae@lydeckerdiaz.com>
To: "Mendez, Victoria" <VMendez@miamigov.com>
Cc: "Suarez-Rivas, Rafael" <RSuarez-Rivas@miamigov.com>, "Iglesias, Peter"
<PIglesias@miamigov.com>, "Garcia, Francisco" <fgarcia@miamigov.com>, "Mark Emanuele
(mark@emanuelegroup.com)" <mark@emanuelegroup.com>, "Joan Carlos Wizel"
<jcw@lydeckerdiaz.com>, "Colby E. Grossman" <ceg@lydeckerdiaz.com>, "Jennille Monger"
<jmonger@lydeckerdiaz.com>
Subject: Walmar Midtown

Good Adernoon Victoria,

Please see aWached memorandum re COREA . A copy of the recorded COREA is aWached.

Should you have any quesHons please feel free to call me at oce or on my cell
( 954-914-8809)

Mark A. Emanuele Partner
T 305 416 3180 F 305 416 3190 W www.lydeckerdiaz.com
Lydecker Diaz 1221 Brickell Avenue, 19th Floor Miami, FL 33131

Page 1 of 1

You have inquired as to the need for the execution of a covenant in lieu of unity of title (the
Covenant). Anticipating this issue some 10 years ago, all entities holding an ownership interest in the
subject Midtown parcel executed a Construction, Operation and Reciprocal Easement Agreement (the
COREA) The COREA was executed and recorded with in April, 2004. A copy of the agreement is
attached.

The purpose of the COREA is to allow for multiple tracts to be treated as one project for development
purposes. The COREA serves the same purpose as that of the Covenant; namely, to treat the property as
one single project and a single parcel of land for development and operational purposes. Similar to the
Covenant, the COREA creates cross-easements for the shared development and use of the land including
allowing cross access, utilities and encroachments. In reviewing the Citys proposed Covenant form, we
note that each of the easements referenced therein are also included within the COREA (see, for
example, section 3 of the COREA). Finally, the COREA, as is the case with the Covenant, runs with the
land and is binding on all future owners (see section 4.5 of the COREA).

Additionally, our application for a Class II Special Permit has, from inception, been submitted as a single
project. All relevant entities joined in the application and executed ownership affidavits and sworn-to-
consents. Notwithstanding certain objections raised by individuals opposing the Class II Permit, the City
treated the application as one project, considered both buildings under the one application and
approved the application under a single Class II Permit. Indeed, notwithstanding the issues raised by the
objectors, this issue was considered and rejected by the City Commission and Appellate Courts on
subsequent review.

You may recall that we held a meeting with the City approximately two months ago where various city
departments were present. At that meeting, we provided plans which reflected the foot print for the
foundation and sought to address any concerns the City might have regarding the fact that a portion of
the foundation would extend onto the adjoining tract and whether the COREA sufficiently addressed any
issues regarding unity of title. The group consensus was that the COREA was sufficient.

While we do not believe that a Covenant is required at this time to secure the foundation permit, if after
issuance of the foundation permit and before we commence vertical construction, the City determines it
wants a Covenant, we will be happy to provide same.

Thursday, A pril 7 , 2 016 at 5 :50:49 PM Eastern Daylight Time

Subject: Re: Midtown Wal-Mart

Date: Tuesday, February 9, 2016 at 9:08:31 PM Eastern Standard Time
From:
To:
CC:

Mendez, Victoria
Richard.Perez@hklaw.com
Iglesias, Peter, Min, Barnaby

As long as the enNNes you have listed below are the proper enNNes that would be parNes to signing the unity or
covenant in lieu, your statements are accurate. Thank you.

Victoria Mndez, City A<orney

Board CerNed, City, County and
Local Government
City of Miami Oce of the City
AXorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendez@miamigov.com
Assistant: Marta Gomez (305) 416-1844
On Feb 9, 2016, at 2:12 PM, "Richard.Perez@hklaw.com" <Richard.Perez@hklaw.com> wrote:

Dear Victoria:

I have had the opportunity to review the correspondence between the City of Miami and Wal-
Mart with respect to the issuance of the foundaNon permit for the construcNon of the Wal-Mart
to be located at the intersecNon of North Miami Avenue and N.E. 31st Street (the Project). I
write to obtain conrmaNon from you that (i) the City has only issued to Wal-Mart a Phased
Permit FoundaNon Only, for the Project, (ii) the Phased Permit for the Project is currently in a
locked status, and (iii) the City will not issue any addiNonal permits required for the verNcal
construcNon of the Project unNl such Nme as a unity of Ntle or a covenant in lieu of unity of Ntle
is executed as between Wal-Mart, the Midtown Community Development District, and Midtown
OpportuniNes IXB, LLC, which is the owner of the liner property along the Projects boundary
with Midtown Boulevard.

If the foregoing accurately reects the understanding that the City of Miami reached with Wal-
Mart, we respeckully request that you verify the same to us.

Best regards,

Richard Perez | Holland & Knight
Partner
Holland & Knight LLP
701 Brickell Avenue, Suite 3300 | Miami, FL 33131
Phone 305.789.7630 | Fax 305.789.7799
richard.perez@hklaw.com | www.hklaw.com
________________________________________________
Add to address book | View professional biography

Page 1 of 2

NOTE: This e-mail is from a law firm, Holland & Knight LLP (H&K), and is intended solely for the use of the individual(s) to
whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail
from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe
anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to
H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained
expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege
that may be available to protect confidentiality.

Page 2 of 2

Thursday, A pril 7 , 2 016 at 6 :20:15 PM Eastern Daylight Time

Subject: Fwd: Walmar Midtown

Date: Tuesday, February 9, 2016 at 12:14:19 PM Eastern Standard Time
From:
To:

Mendez, Victoria
Rick Perez

Victoria Mndez, City A<orney

Board CerGed, City, County and
Local Government
City of Miami Oce of the City
AQorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendez@miamigov.com
Assistant: Marta Gomez (305) 416-1844
Begin forwarded message:
From: "Mendez, Victoria" <VMendez@miamigov.com>
To: "Cejas, Devin" <DCejas@miamigov.com>
Subject: Fwd: Walmar Midtown

Victoria Mndez, City A<orney

Board CerGed, City, County and
Local Government
City of Miami Oce of the City
AQorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendez@miamigov.com
Assistant: Marta Gomez (305) 416-1844
Begin forwarded message:
From: "Mark Emanuele" <mae@lydeckerdiaz.com>
To: "Mendez, Victoria" <VMendez@miamigov.com>
Cc: "Suarez-Rivas, Rafael" <RSuarez-Rivas@miamigov.com>, "Iglesias, Peter"
<PIglesias@miamigov.com>, "Garcia, Francisco" <fgarcia@miamigov.com>, "Mark
Emanuele (mark@emanuelegroup.com)" <mark@emanuelegroup.com>, "Joan Carlos
Wizel" <jcw@lydeckerdiaz.com>, "Colby E. Grossman" <ceg@lydeckerdiaz.com>,
"Jennille Monger" <jmonger@lydeckerdiaz.com>
Subject: Walmar Midtown

Good Acernoon Victoria,

Page 1 of 2


Please see aQached memorandum re COREA . A copy of the recorded COREA is
aQached.

Should you have any quesGons please feel free to call me at oce or on my cell
( 954-914-8809)

Mark A. Emanuele Partner
T 305 416 3180 F 305 416 3190 W www.lydeckerdiaz.com
Lydecker Diaz 1221 Brickell Avenue, 19th Floor Miami, FL 33131

The information contained in this electronic mail transmission is intended by Lydecker | Diaz for the use
of the named individual or entity to which it is directed and may contain information that is privileged or
otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named
addressee. It should not be copied or forwarded to any unauthorized persons. If you have received this
electronic mail transmission in error, please delete it from your system without copying or forwarding it,
and notify the sender of the error by reply email or by calling Lydecker | Diaz at (305) 416-3180, so that
our address record can be corrected.

Page 2 of 2