HomeMy WebLinkAboutO-11987J-00-719
9/19/00 9
ORDINANCE NO.
AN.ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), AMENDING PAGE NO. 15 OF
THE ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, FROM 0
OFFICE WITH SD-9 OVERLAY DISTRICT TO C-1
RESTRICTED COMMERCIAL WITH SD-9 OVERLAY
DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 5061-5075 BISCAYNE BOULEVARD,
MIAMI, FLORIDA, LEGALLY DESCRIBED.ON ATTACHED
EXHIBIT "A"; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of July 24,
2000, Item No. 4, following an advertised hearing, adopted
Resolution No. ZB 2000-0340, by a nine to zero (9 to 0) vote,
thus constituting a RECOMMENDATION OF APPROVAL for a change of
zoning classification, as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
this change of zoning classification;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
TT C n
Ca
11987
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
Article 4, Section 401, Schedule of District Regulations, from
O Office with SD-9 Overlay District to C-1 Restricted Commercial
with SD-9 Overlay District for the properties located at
approximately 5061-5075 Biscayne Boulevard, Miami, Florida, as
legally described in "Exhibit A," attached hereto and made a part
hereof.
Section 2. It is hereby found that this zoning
classification.change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;.
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing conditions;
(g) will not adversely influence living conditions in the
neighborhood;
(h) will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not create a drainage problem;
Page 2 of 4
•
•
(j) will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property value in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner so as to compromise the protection of
the public welfare.
Section 3. Page No. 15 of the Zoning Atlas, made a part
of Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, by reference and description in said
Ordinance, is hereby amended to reflect the changes made
necessary by this Amendment.
Section 4. All ordinances or'parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, 'or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Page 3 o f 4
11987
Section 6. This Ordinance shall become effective after
second and final reading and adoption thereof pursuant and
subject to §163.3189 Fla. Stat. (1999).'�
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
September , 2000.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 26th day of October , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the May did not indicate approval of
this legislation by signing it in the designated pfar . provided, said legislation
becomes effective with the elapse of ton (1 days om the date Comm, 4�r,ion
regarding same, without the May�'�rc' in to._ I i
ATTEST:
WALTER J. FOEMAN
CITY CLERK
ECTNESS:6
Walterp. Fo ar&City Clerk
1� This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 4 o f 4
11987
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PZ-9:
SECOND READING
ZONING FACT SHEET
Case Number: 2000-0329 24-Jul-00 Item No: 4
Location: Approx. 5061-5075 Biscayne Blvd.
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Fiftystreet Investment, LLC Xavier Lesmarie, Registered Agent
1230 Ocean Drive 1230 Ocean Drive
Miami Beach, FL 33139 Miami Beach, FL 33139
App. Ph: (305) 672-2579 Rep. Ph: (305) 672-2579 ext
Rep. Fa ext
Zoning: O Office
SD-9 Biscayne Boulevard North Overlay District
Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Article 4, Section 401, Schedule of District
Regulations from O-Office with SD-9 Overlay District, to C-1 Restricted Commercial
with SD-9 Overlay District.
Purpose: This will allow a unified commercial development.
Recommendations:
Planning Department: Approval
Public Works: No comments
Plat and Street Committee: N/A
Dade County Transportation: No comments
Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date:
Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History: The Planning Advisory Board recommended approval to the City Commission on
the Change of Land Use on June 13, 2000 by a vote of 6-0.
Analysis: Please see attached.
Zoning Board Resolution No: ZB 2000-0340
Zoning Board: Recommended approval to City Commission. Vote: 9-0 [► Q �'J
City Commission: Passed First Reading on September 28, 2000. e7 VV �1
LJ
ANALYSIS FOR ZONING CHANGE
Approximately 5061-5075 Biscayne Blvd.
CASE NO: 2000-0329
Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed
for an amendment to the Zoning Atlas as follows:
The request is to change the Zoning designation as follows:
Lots 1 and 19 on Block 6, BAYSHORE PLAZA UNIT NO.4& 5, from O "Office"
with SD-9 Overlay District, to C-1 "Restricted Commercial" with SD-9 Overlay
Distric.
The following findings have been made:
• It is found that west of the subject properties, across Biscayne Boulevard, there is an
area designated Restricted Commercial.
• It is found that the existing character of Biscayne Boulevard is commercial in nature,
except for a small strip just north of the subject properties, which is designated
"Office"; however, within this "Office" area, there are a number of grandfather
commercial uses, including motels which are now no longer permitted within this
portion of Biscayne Boulevard
• It is found that the change to "Restricted Commercial" is a logical extension of that
category given its location on Biscayne Boulevard. The "Restricted Commercial'
category will allow the subject properties to be developed in a manner, which can .
more directly serve and enhance the Boulevard and the surrounding areas.
Based on these findings, the Planning and Zoning Department is recommending
approval of the application as presented.
11987
ANALYSIS FOR ZONING CHANGE
CASE NO. 2000-0329
Yes
No
N/A .
O
❑
❑
In harmony with Comp. Plan; does not require amendment.
O
C
❑
In harmony with established land use.
❑
Is related to adjacent and nearby. districts:
❑
❑
is within scale with needs of neighborhood or,City.
W/
❑
❑
. Maintains similar population density pattern.
❑
C',
❑
Existing district boundaries are illogically drawn.
7
❑
❑
Changes or changing conditions that,make change necessary..
�i
❑
Positively influences living conditions in neighborhood.
i�
❑
❑
Has similar impact on traffic; does not affect public safety.
W
❑
❑
Has, similar impact on drainage.
i✓I .
❑
❑
Has similar impact on light and air to adjacent areas.
❑
Has similar impact on property values in adjacent areas.
Contributes to improvement or development of adjacent. property.
_
❑
Conveys same treatment as to owners within same classification.
J
C !!
C
Property is unfairly limited under existing„zoning.
❑
❑
Difficult to find other adequate sites.in surrounding area.
17
❑
❑
❑
❑
❑
11987
Miami Zoning Board
Resolution: ZB 2000-0340
Monday, July 24, 2000
Ms Ileana Hernandez -Acosta offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, THE ZONING BOARD
RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE
OFFICIAL ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, PAGE 15, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM O OFFICE WITH SD-9 OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL WITH SD-9 OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 5061-5076 BISCAYNE BOULEVARD, LEGALLY DESCRIBED AS LOT 1, BLOCK
6, BAYSHORE PLAZA UNIT NO. 4 (42-2) AND LOT 19, BLOCK 6, BAYSHORE PLAZA UNIT NO. 5
(43-74), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED O OFFICE WITH SD-9
OVERLAY DISTRICT.
Upon being seconded by Mr. Rodolfo De LaGuardia,
the motion was passed and adopted by the following vote:
Mr. George Barket
Yes
Ms, Gloria M. Basila
Yes
Mr. Rodolfo De La Guardia
Yes
Mr. Charles J. Flowers
Yes
Ms. Ileana Hemandez-Acosta
Yes
Mr. Humberto J. Pellon
Yes
Mr. Juvenal Pina
Yes
Mr. Ricardo D. Ruiz
Yes
Mr. Angel Urquiola
Yes
Mr. Georges Williams
Away
Ms. Fernandez: Motion carries 9-0
AYE: 9
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENTS: 1
f
Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 2000-0329 Item Nbr: 4
11987
SECTION 2210. NATURE AND REQVMENTS OF ZONING BO
REPORT TO CITY CO'NMSSION
(CIRCLE APPROPRIATE CONDITIONS)
When pertaining to the rezoning of land under application made under,
Article 22, the report and recommendation of the Zoning Board shall show
that the Zoning Board has studied and considered, where applicable, whether
or not:
(a) The proposed change conforms with the adopted Miami
Comprehensive Neighborhood Plan and does not require a plan
amendment;
(b) The proposed change is in harmony with the established land use
pattern;
(c) The proposed.change is related to adjacent and nearby districts;
(d) The change suggested is not out of scale with the needs of the
neighborhood or the city;
(e) The proposed change maintains the same or similar population density
pattern and thereby does not increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
(g) Changed or changing conditions make the passage of the proposed
- change necessary;
(h) The proposed change positively influences living conditions in the
neighborhood;
(i) The proposed change has the same or similar impact on traffic and
does not affect public safety to a greater extent than the existing
Classification;
0) The proposed change has the same or similar impact on drainage as
the existing classification;
(k) The proposed change has the same or similar impact on light and air
to adjacent areas as the existing classification;
(1) The proposed change has the same or similar impact on property
values in the adjacent area as the existing classification;
(m) The proposed change will contribute to the improvement or
development of adjacent property in accord with existing regulations;
11987
i
(n) The proposed change conveys the same treatment to the individual
owner as to owners within the same classification and the immediate
area and furthers the protection of the public welfare;
(o) There are substantial reasons why the use of the property is unfairly
limited under existing zoning;
(p) It is. difficult to find other adequate sites in the surrounding area for the
proposed use in districts already permitting such use.
OTION3 After considering the factors set forth in Section 2210 of
Ordinance 11000,1 mo , t the request be recommended to the City
Commission for PROV ) (DENIAL).
Signature
Agenda Item
r7 a4 1 vo
Date
1198
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44
CITY OF ?vIIAMI
OF OFFICE OF HEARING BOARDS
K
sap to
, APPLICATION FOR A-MENDMENT TO °
�FeO_F. 0 ZONING ATLAS AND/OR OVERLAY DISTRICT,
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SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING
LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGFNG IflN'
LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A
COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL).
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
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NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK
I, Xavier Lesmarie, on behalf of Fiftystreet Investment LLC , hereby apply to the City Commission of the City
of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in
support of that request, furnish the following information (see Article 22 of the Zoning Ordinance):
1. Address of Property: 5061-5075 Biscayne Boulevard, Miami, FL 33137 _
2. Folio Number: 01-3219-006-0100 and 013219-018-0080
3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the
date of application.
4. Affidavit disclosing ownership of property covered by application and disclosure of interest (see attached
form).
5. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered
by this application.
6. At least two (2) photographs that show the entire property (land and improvements).
7. Present zoning designation(s): O-OFFICE WITH SD 9 GVEnAY DISTRICT
8. Future zoning designation(s): C 1 Commercial Restricted W-1 t-h Gn-9 ch -i ax W s=i ct Xt..
9. Other (Specify and attach cover letters explaining why any document you are attaching is
pertinent to this application):
Attachment N° I: Page 36 of the Upper Eastside Master Plan adapted by city commission in June
1999.
Attachment N° 1I: Draft SD9. 9.1 Special Zoning District Upper Eastside Commercial
Entertainment and Residential District (see chapter "Permitted principal uses and structures)
Attachment N° III: 2 Brochures of renovated hotel property and restaurant operation by our
company on South Beach, Florida, done in June 1994..
to. Statement explaining present zoning designation is inapprate: Neither the present "O" zoning
(witch only allow office and'Plssidential), nor the old motel, Grand Fathered in its use will permit the Upper East
Side of the Boulevard to gain its own community identity. The Upper East Side is seeking its reborn by being at first
a neighborhood friendly destination, and regaining the "Village Flavor" it always meant to have. "C I" zoning (or
SD9) is the more appropriate one. It will create possibility of Shops, Retails and being able to economically
rehabilitate the old existing motels witch gives todayits uniqueness to the area. But change of use is mandatory: .
To stop prostitution getting roots in motels
To create social environment.
Our company wants to make of the 1947 Deco building a restaurant -cafe with outdoor terrace•and a gourmet shop.
Parking lot with landscaping will be built instead of the old New Deal motel in very poor condition.
_ 11. Statement as to why proposed zoning designation is appropriate: C1 (or SD9)- is a proper zoning for a
restaurant/Retail. The lot size has the proper characteristic to be rezoned C I (on the opposite side of this lot the
zoning is already C1, the 2 lots size are respectively .13),284 square feet and 15,444 square feet for a grand total of:
28,728 square feet, and 222 feet of frontage on Biscayne Boulevard). This zoning designation is also the more
appropriate to move toward a "New" Biscayne Boulevard Upper Eastside district by:
Creating friendly pedestrian environment (as a restaurant with outdoor terrace and a gourmet shop will, do)
Respecting the spirit of the proposed. Upper Eastside Master plan adopted by the commission in June] 999.
Promoting a positive community identity.
12. Recorded warranty deed and tax founts for the most current year available that show the present owner(s)
of the property:
13. Other (specify): Attachment No IV: Computerized image of the restored property preserving the
Deco building and using the adjacent Lot (where the old motel is) as parking.
14. Filing fee of $8900.00 according to Section 62-156 of the Zoning Ordinance:
Change. of zoning classification:
CS, PR, R-1, R-2, per square foot of net lot area ....................................................$ 15
Minimum............ . .. ...........:..............................................................................$ 635.00
R-3, R-4, O, G/1, HP per square foot of net lot area ...............................................$ .20
Minimum............................................................................... .............:.............:..$ 750.00
C-1, C-2,1, per square foot of net lot area ....................................... ....................... $ 25
Minimum................................................................................................................ 900.00 •
CBD and all SD'.s, per square foot of net lot area ....................................... ............. $ .30
Minimum ...............................................................................0.......... ............$1,000.00
Public hearing mail notice fees, including cost of handling and
mailingper notice....................................................................:..............................$ 3.50 .
Signature:
Name: Xavier Lesmarie
Address: 1230 Ocean Drive
Miami Beach, FL.33139�
Telephone: . 305-672-2579 ext. 108
Date: Sunday April 2nd, 2000
11987
STATE OF FLOPJDA
COUNTY OF M Wl-DA*
The foregoing instrument was acknowledged before Inc this day of
t g , by who is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
awweeaawwearmwweiw.wreiwwr++wreiwririr+w+wrrrearw+aarArrairwrwwwwwiwee+wrew+rrwe•rww•.•wrr�arr••
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this TUESDAY- day of APRI L 4 th
WLOJO by Xavier LESMARIE of FIFTY STREET INVESTMENT
a LIMITED LIABILITY COMPANY OF FLORIDA corporation. on behalf of the corpormion.
He/She is personally known tome orhas produced DL n° L256-953-64-427-0 identification
and who did Wdrt) take an oath.
DID
C/ord GAB0R�
'5301 G
CHALtANS CEDEX
;w
\ tiv\ss/fRDE 1USSiCEQSso�
rCC,C
Name:
Notary Public -State of
Commission No.: E=
My Commission Expirep. N
4aarww0iaw�eiirAAiaiAflatarrwiwrriiwr+brwwaw+wwre+we�eiewreiwwOew�r�reawrw+iew�w
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
eei.weei
The foregoing insmanent was acknowledged before me this day of
19 , by pru-mer (or agent) on behalf of
a partnership. He/Site is personidly known to me or who has
produced I as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission L•xphes:
11987
Before me, the undersigned authority, this day personally appeared CS Q a 12A, -
who being by me first duly sworn, upon oath, deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting'the accompanying application for
a public hearing as required by the Zoning Ordinance of the•City of Miami, Florida, affecting the real property located
in the City, of Miami, as described and listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete permission for hinilher to act
in his/her behalf for the change or modification, of a classification or regulation of zoning as set out in the,
accompanying petition.
3. That the. pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers and legal descriptions for the real property; of which he/she is the owner or legal representative.
4. ' The facts as represented in the application and documents submitted in conjunction with this affidavit are true
and correct. .
Further Affiant sayeth not. = ^~
A0pi: t,s Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing in'strument was ac owledged' before me this Z day of
19 Zoo o , by _ VA & A partner (or agent) on behalf of
a partnership. He/She is, personally known to me or who has
produced r - 73 7z7� Y%1 ieation 41A13�IAcdi did not) take an
Comm. No. CC 580843
M, Comm. Exp. Nov. 28, 2000
o F Bonded thru Pichard ins. Agcy.
Name:
Notary Public -State of:Florida
Commission No.:
My Commission Expires:..
OWNER'S LIST
Owner's name: Bernard Gauthier
Mailing address: 8-9 Silverstrand Garden, l 1 Silverstrand Beach Road, Clearwater Bay, Kowloon. Hong Kong.
Telephone number: 305-672-2579
Legal Description: Foreign owner
owner's name: Leelee Gauthier
Aailing address: 8-9 Silverstrand Garden, 11 Silverstrand Beach Road, Clearwater Bay, Kowloon. Hong Kong.
lephone number: 305-672=2579
egal Description: Foreign owner
)%vner's name: Fifty Street Investment LC- Xavier Lesmarie, Secretary
ailing Address: 1230 Ocean Drive, Miami Beach, FL Zip Code 33139
lephone number: 305-672-2579 ex. 108
egal Description: Management Company and Investment
other real estate property owned individually, jointly, or severally (by corporation, .partnership or privately) within
feet of the subject site is listed as follows:
Street Address
011R.
Street Address
Street Address
Legal Description
Legal Description
Legal Description
am
4
•
DISCLOSURE OF ONA ERSERP
1. Legal description and suet address of subject real property: Lot 1 block 6 Bay
Shore Plaza Unit N114 (record in Plat book 42 at page 2 of public record of Miami
— Dade County Floes and Lot 19 $lock 6 Bay Shore Plaza Unit N°5 (record in
plat book 43 at pale 74 offt pe record of Miami — Dade County Florida)
2. Owner(s) of subject real property and percentage of ownership. Note:. Section 2-61 S of the Code of the Ciro• of
Miami requires disclosure of all parties having a financial interest, either direct or indirect. in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest
B & L HOLDING COMPANY LLC OF STATE OF FLORIDA
FOR FIFTY STREET INVESTEMENT LLC
OWNER Bernard GAUTHIER 50 % I,LEE LEE CHOW GAUTHIER 50 %
3. Legal description and street address of any real property (a) owned by any party listed in Answer to question.R7. and
(b) located within 375 feet of the subject real property.
Non
Owner or, Attorney for 0wrier
STATE OF FLORIDA
COUNTY OF MIA E-DADS
The foregoing instrument was acknowledged before me this TUESDAY day of APRIL 4 th
1)9X200,Obv Xavier LESMARIE of FIFTY STREET INVESTMENT
a LIMITED LIABILITY COMPANY OF FLORIDT corporation, on behalf of the corporation.
He/She is personally known to me or has produced D L_ n° L256-953-64-427-0 as identification
and who did MdAbl take an oath. Kurd GABDIDOR
I� 85301 '9
Lt'p O Q CHALLANS CEDEX G
Name:
Notary public -State of Florida G�ss�fRD 1100 EaSSo��.
Commission No. -
My Commission Expires:. /A
Propared By:
Alan E. Krinzman Esq.
Rollnick & Linden, P.A
133 Scvilla Avenue
Coral Gables, Florida 33134
R
POWER OF ATTORNEY i
KNOW ALL MEN BY THESE PRESENTS: that BER N kKU GAUT11I2R as Co -
Manager and LF.F LFF.. CHOW GAUTHIER as a Member of B&L Gauthier Holding Company,
1,LC, a Florida limited liability company and the sole stockholder of FIFTYSTREET
INVESTMENT, LLC, a Florida limited liability company (the "Company"), have made, constituted
and appuinted, and by these presents do make, constitute and appoint XAVIER LESMARIE as the
Company's true and lawful attorney for the Company and in the Company's name, place and stead
for all needs in comiection with the preparation and filing of any zoning apptication(s) with the City
of Miami, Florida (the "Applications"), Xavier Lesmarie may deem advisable in connection with
the Company's use or its property located at 5061-5075 Biscayne Boulevard, 1VGami, Florida (thc
"Property"), giving,and granting unto XAViER LESMARIE said attorney hill power and authority
to do and perform all and every act and thing whatsoever requisite to he done and to sign any And
all documents necessary to be signed in connection with the Property and the filing of an Application
and about the premises as fully, to all intents and purposes, as they might or could do on behalf of
the Company if personally present, with full power of substitution and revocation, hereby ratifying
and confirming all that XAVIER LESMARIE said attorney or his substitute shall lawfidly do or
cause to be done by virtue hereof on behalf of the Company.
IN WITNESS WHEREOF, we Have hereunto set our hands and seals this 5� day ofApril,
2oU0.
Signed, seale an elivered .
in the nrese ce'c& !
Gi:+Hitt,:,• ... ;,:.i.tll.a',.
--- Solicitor. kinay Kong
CONSULATE OF THE UNITED STATES
,FRANCE
FIFTYSTREET INVESTMENT
LLC, a Florida limited liability company
BY H&L GAUTHIER HOLDING
COMPANY, LLC, so ckholder.
By:
BE AI AUT IERCo-Manager
.ram`;.
t
• t•
The signature of Gordon D Old
was verified by me Geoffrey N
Booth, on the 5th of April 20
GEOMEY DIIGM BOOTH
Nomry Public
Bch Floor, Ruuonjee Hgose
11 Duddcll sueet, ceatial
Hong (long
The foregoing Power of Attorney was acknowledged before mC this
2000, by BEPNARD GAUTUMP, as Co -Manager, and LEE LEE CHOW
GAUTHIM. as a Member, respectively, of B&L Gauthier Holding Company. LLC, a Florida limited
liability company and sale stockholder ofFIFTYSTREE'r INVESTMENT, LLC, a Florida limited
liability company, on behalf ofFIMSTREET INVESTA-tEN'T, LLCI
:..
Oeputy Consulate
11987
•
•
This instrument should be returned to:
Mr. Alan Krinzman, Esq. CE
Holtzman, Krinzman, Equels & Fuqua Ci
2601 S. Bayshore Dr., #600
Miami, Fla. 33133
B)
Property Appraiser's Folio #s
01-3219-018-0080
01-3219-006-0100
STATUTORY WARRANTY DEED
This indenture, made this V 5 day of March. 2000. between NEW DEAL MOTELS
CORP., a Florida Corporation, whose Post Office address is 5061 Biscayne Blvd., Miami, Fla.
33137 (hereinafter "GRANTOR"), and FIFTYSTREET INVESTMENT, L.L.C. a Florida
Limited Liability Company, whose post office address is 1230 —1238 Ocean Drive, Miami
Beach, Fla. 33139 (hereinafter "GRANTEE"), witnesseth:
That the GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00), to
it in hand paid by the GRANTEE, the receipt of which is hereby acknowledged, has granted,
bargained, and sold to GRANTEE, its heirs and assigns forever, the following described real
property:
Parcel 1:
Lot 1, Bloch 6, BAYSHORE PLAZA UNIT NO.4. according to the plat thereof, as recorded in Plat
Book 42, at page 2 of the public Records of Miami -Dade County, Fla. &
Parcel 2:
Lot 19, Block 6, BAYSHORE PLAZA UNIT NO. 5 according to the plat thereof, as recorded in Plat
Book 43, at page 74 of the public Records of Mia;ni-Dade County, Fla.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever. The Grantor does hereby fully
warrant the title to said land, and will defend same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date first above written.
Signed, Sealed and delivered
in the presence of -
Printed name
NEW DEAL MOTELS CORP.
a Florida Corporation
edro R. Fuentes, President
5061 Biscayne Blvd., Miami Fla. 33137
�. 6
Printed name
STATE OF FLORIDA
COUNTY OF
.BEFORE ME, the undersigned authority, this date personally appeared PEDRO
FUENTES, President of New Deal Motels Corp., a Florida Corporation, a person well known to
me or who presented as identification, _46%11 1_0 r�tfind,who, being first duly
sworn. deposes and says that he has read the foregoing Deed_ understands same, and has this day
executed same for the purposes therein expressed of his own free'act and will and with full -
knowledge of the consequences` thereof and with full corporate authority on behalf of the
corporation.
SWORN TO AND SUBSCRIBED before,
e s day of Marc 2000.
OTARY PUBLIC
State of Florida at Large
My Commission Expires:
This instrument was prepared by:
1 - o i �i
,,
s : �; ,, ,�_,{ 2co1 ;t
Th ; 4 F . 1;: Ji ..: Ca a(,-n,, Cc..
S. David Sheffman, Esq.
.•'7/7J17)i777J77??,`7,'Ji.t:'�7777Js777J7?:� .
I 1 l 1 Lincoln Rd. #800
Miami Beach, Fla. 33139
(305) 868-0727
CERTiF -v J �: ;_ i rtiJ AND
Cc) CT C P 0 ORI INA
DO M T
IC N,
i