RESOLUTION
	The following Resolution has been duly adopted by the Brickell Homeowners Association on February 16, 2005.

Whereas preserving Brickell Park for use as an inviting public space is critical to enhancing the quality of life and business in the Brickell area; and

Whereas the Brickell Homeowners Association received a public presentation by The Related Group on January 19, 2005, of their proposed development project for the parcel known as 495 Brickell Avenue, which project incorporates, in respect to Brickell Park, a) settlement of the lawsuit between the Brickell Family and the City of Miami; b) improvements to Brickell Park including the installation of a Baywalk and upgrading and beautifying pedestrian access, landscaping and lighting to create a passive park of a caliber consistent with the Brickell area, the proposed Related Group project and Brickell Park’s waterfront, historical and archaeological character; and c) the deeding of Brickell Park in perpetuity for use as a public park to the City of Miami; in exchange for which Related Group wishes to be granted a temporary construction easement on a portion of Brickell Park and wishes to be deeded some 8,000 square feet of Brickell Park for purposes of improving turning lane and traffic capacity at the entrance of 495 Brickell Avenue and straightening the southern property line of 495 Brickell Avenue, which land shall be compensated for by the deeding (and on-going maintenance) of some 11,000 square feet of the Baywalk, required to be constructed by the Related Group at 495 Brickell Avenue, over to the City of Miami as public parkland, to be included in Brickell Park; and

Whereas the Related Group seeks a resolution of support from the Brickell Homeowners Association and the Brickell Homeowners Association wishes to provide such support, upon the following conditions, and wishes to recognize and commend the Related Group for a creative and sensitive solution to a longstanding Brickell Homeowners Association goal;

NOW THEREFORE, be it resolved that the Brickell Homeowners Association is in full support of The Related Group proposal for Brickell Park, on the conditions

1. That the Related Group make or cause to be made improvements to Brickell Park to install the Baywalk and upgrade and beautify pedestrian access, landscaping (including to the greatest possible extent, relocation and conservation of important shade trees now located at 495 Brickell Avenue) and lighting to create a passive park of a caliber consistent with the Brickell area and Brickell Park’s waterfront, historical and archaeological character; provided however, that Related Group shall bond or escrow funds of not less than $500,000 for such improvements, concurrently with the deeding of Brickell Park to the City of Miami, so that the improvements may be carried out, by the City of Miami if necessary, irrespective of the progress of the development project at 495 Brickell Avenue.

2. That the Related Group deed Brickell Park in perpetuity to the City of Miami as a passive public park, which shall be agreed specifically to exclude playing fields or concessions, and that Related Group will consult the Brickell Homeowners Association in the preparation of improvement plans for Brickell Park.

3. That any construction easement in Brickell Park granted by the City of Miami to the Related Group be temporary in nature, for a term of no more than two (2) years, be limited to the construction of the southeast tower of the 495 Brickell Avenue parcel only, and encumber no more than half of the land area of Brickell Park at any time and that should Related Group or the City of Miami desire to modify or extend any of the terms related to the construction easement, such proposed changes will be informed to Brickell Homeowners Association for comments.