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HomeMy WebLinkAboutR-99-0468J-99-502 6/18/99 RESOLUTION NO. 9 9 i 468 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF THE PROPERTY LOCATED AT APPROXIMATELY 213/225/233 NORTHEAST 23RD STREET, 212 NORTHEAST 24T" STREET, 2313 NORTHEAST 2ND AVENUE AND 2318 NORTHEAST 2ND COURT, MIAMI, FLORIDA; AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, the Miami Zoning Board at its meeting of May 17, 1999, Item No. 1, duly adopted Resolution No. ZB-1999-0184 by an eight to zero (8-0) vote, RECOMMENDING APPROVAL, as set forth herein; and WHEREAS, the Public Works Department and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service vehicles since the roadway is not the right-of-way which is being closed by this action; and WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined that all technical CITY CONMSSION MEETING Off? JUN221999 Resolution No. 99 - 468 requirements have been met, and vacation of the subject right-of- way would benefit the general public; and WHEREAS, the Department of Public Works and the Plat and Street Committee recommend approval of said vacation request; and WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of a portion of the subject right -•of -way, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A portion of public right-of-way, closing, vacating, abandoning, and discontinuing for use that portion of a public right-of-way, being the portion of the property located at approximately 213/225/233 Northeast 23rd Street, 212 Northeast 24`h Street, 2313 Northeast 2nd Avenue and 2318 Northeast 2nd Court, Miami, Florida, more particularly legally described in the attached Exhibit "A", is hereby closed, vacated, abandoned and discontinued for public use. Section 3. This Resolution shall become effective - 2 - 99- 468 immediately upon its adoption and signature of the Mayorl/. PASSED AND ADOPTED this 22nd day of June , 1999. JOE CAROLLO, MAYOR Sec. 2.36, since tha Mayor did' not indicat', 3rn7ava'tcof In accordance with Miami Code by signing it in the dasignated disc,- this legislation , n, l iiiti: il'�li Ot l;" m i1R;: rl ;JS'�•tl.:' becomes effective with the elapse of ten (10) dGy.c regarding same, without the Mayor exerc� a eto. ATTEST : q' • �-r✓ Wait r n, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED 511:YMT:RCL CTNESS:l �i if the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. if the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 - 99- 468 EXHIBIT "A" LEGAL DESCRIPTION OF ALLEY A portion of the alley in Block 13 of EDGEWATER, according to the plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of Lot 7 in said Block 13; thence S00008'18"E along the Easterly line of Lots 8, 9, and 10 in said Block 13 for a distance of 150.16 feet to the Southeast corner of said lot 10; thence N89058'37"W along the South line of said Lot 10 for a distance of 111.20 feet to the Southwest corner of said Lot 10; thence South for a distance of 10.00 feet to the Northwest corner of Lot 12 in said Block 13; thence S89058'37"E along the North line of Lots 12, 11, 2 and 1 in said Block 13 for a distance of 231.55 feet to the Northeast corner of said Lot 1; thence N00001'49"W for a distance of 10.00 feet to the Southeast corner of Lot 3 in said Block 13; thence N89058'37"W along the South line of said Lot 3 for a distance of 110.34 feet to the Southwest corner of said Lot 3; thence N00008'18"W along the West line of Lots 3, 4, and 5 in said Block 13 for a distance of 150.16 feet to the Northwest corner of said Lot 5, thence N89057'43"W for a distance of 10.00 feet to the Southeast corner of said Lot 7 to the Point of Beginning. 99 - 468 r, CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Walter J. Foeman City Clerk FROM: Maria J. ChiarQ' — Assistant City Attorney DATE: August 20, 1999 RE: Resolution Nos. 99-400, 99-468 and Exhibits Pursuant to my discussion with Josie Argudin, the requested replacement of attachments should in fact be an addition to these documents to clarify the matter. W013 AX/rd i-Ti r.� TI w .. wool 99-- 468 a TO. Alejandro Vilarello City torney FROM: Walter J. oeman City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM , DATE: August 10, 1999 SUBJECT: Resolution No. 99-468 and Exhibit REFERENCES: ENCLOSURES: Attached please find copy of memorandum with enclosures sent to our office by Teresita Fernandez, Chief, Office of Hearing Boards, requesting that we discard Exhibit A to Resolution 99-468 and replace same with new one. Please review Resolution 99-468 (copy attached) regarding closing public right-of-way located at approximately 213/225/233 N.E. 23 Street, 212 N.E. 24 Street, 2313 N.E. 2 Avenue and 2318 N.E. 2 Court. Can the Clerk's Office legally discard an Exhibit which formed part of the resolution which was passed and was also referenced in the title, and substitute it with a new Exhibit "A," as requested by the Office of Hearing Boards? Please inform this office if you concur with the aforementioned request to change said exhibit. WJF:sl c: Teresita Fernandez, Chief, Hearing Boards 99- 468 TO: FROM: CITY OF MIANII. FLORIDA INTER -OFFICE MEMORANDUM Walter Foeman DATE: City Clerk Office of the City Cl SUBJECT Teresita L. Fernandez, R.A., A.I.C.P. REFERENCES: Chief, Office of Hearing Boards ENCLOSURES: August 4, 1999 Resolution No. 99-468 This is to inform you that the Exhibit "A" that was attached to the above mentioned Resolution should be discarded and replaced with the attached Exhibit "A". Should you have any questions, please contact me at (305) 416-2038. FILE : EXHIBIT "A" LEGAL DESCRIPTION r�Rts 1, 2, 3, 4, 5, 7, 8, 9,10,11 and 12, Block 13, of DGEWATER, according tot Plat thereof, as recorded in Plat Book 2, at P ge 31, of the Public Records of Mia i-Dade County, Florida. _'k F1p.ED%9&.094U.WAL. WRD f 9°- 468 I PZ-3 ZONING FACT SHEET Case Number: 1999-0210 17-May-99 Item No: 1 Location: Approx. 2131225/233 NE 23 St., 212 NE 24 St, 2313 NE 2 Ave. afid 2318 NE 2 Curt Legal: (Complete lega?description on file with the Office of Hearing Boards) Applicant: Zoning: Wynwood Tower Apartments, LTD 2665 S. Bayshore Dr. #202 Coconut Grove, FL 33133 App. Ph: (305) 854-7100 SD-20 Edgewater Overlay District Michael D. Wohl, President 2665 S. Bayshore Dr. #202 Coconut Grove, FL 33133 Rep. Ph: (305) 854-7100 ext Rep. Fa (__-) _ ext Request: Official vacation and closure of a public right of way, being the portion of the property located at approximately 213/225/233 NE 23 Street, 212 NE 24 Street, 2313 NE 2 Avenue, and 2318 NE 2 Court. Continued from Zoning Board Hearing of 513/99. Purpose: Recommendations: Planning Department: N/A Public Works: See attached analysis Plat and Street Committee: See attached analysis Dade County Transportation: No comments Enforcement History, If any C.E.S. Case No: Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Last Hearing Date: Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: CEB Action: History: Continued from Zoning Board Hearing of 5/3/99. Analysis: Please see attached. Zoning Board. Resolution No.: ZB1999-0184 Zoning Board: Approval Comply Order by: Vote: 8-0 99-- 468 PUBLIC WORKS ANALYSIS FOR Alleys Adjacent to 213/225/233 NE 23 Street, 212 NE 24 Street, 2313 NE 2 Avenue and 2318 NE 2 Court The Public Works Department and the Plat and Street Committee have studied the proposed closure and vacation of public alleys adjacent to 213/225/233 NE 23 Street, 212 NE 24 Street, 2313 NE 2 Avenue and 2318 NE 2 Court and determined that the closure of these alleys will not adversely affect traffic circulation or access for public service vehicles such as trash and garbage trucks, fire, police and/or other emergency vehicles. These alleys are not part of the critical pedestrian and vehicular transportation network for the neighborhood. The Plat and Street Committee has reviewed the tentative plat of "Wynwood Tower" and determined that all technical requirements contained in the City Code Subdivision Regulations have been met and the closure of these alleys and development of the property would benefit the general public. The property owner must provide a specific attorney's opinion addressing the reversionary rights of these alleys as part of the application process. Lased on the criteria contained in the Subdivision Regulations of the City Code, the Public Works Department and the Plat and Street Committee recommended approval of these alley closures and vacation request. (Ow 9-- 46- Miami Zoning Board Resolution: ZB 1999-0184 Monday, May 17,1999 Mr. Osvaldo Moran-Ribeaux offered the following Resolution and move its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT OF WAY, BEING THE PORTION OF THE PROPERTY LOCATED AT APPROXIMATELY 213/225/233 NE 23RD STREET, 212 NE 24TH STREET, 2313 NE 2ND AVENUE, AND 2318 NE 2ND COURT LEGALLY DESCRIBED AS LOTS 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 AND 12, BLOCK 13, EDGEWATER (2-31), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD-20 EDGEWATER OVERLAY DISTRICT. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. George Barket Ms. Gloria M. Basila Mr. Charles J. Flowers Ms. Ileana Hernandez -Acosta Mr. Osvaldo Moran-Ribeaux Mr. Humberto J. Pellon Mr. Fidel A. Perez Mr. Juvenal Pina Mr. Ricardo D. Ruiz Ms. Fernandez: Motion carries 8-0 Away Yes Yes Yes Yes Yes Yes Yes Yes AYE: 8 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 1 i Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1999-0210 Item Nbr: 1 009-- 468 CENTRAL BUENA VISTA I iR •4• Ctas� o �ee�a�Ae� Ass uj ' f° e oil! 11111no III man am Maisb— IRISH I I MIN .rry4r��r�r•r � rF��e��us , ' - .— _. ___ __.� ; ... �.",��,.•a.c„ NEI 1)� e pro NOW um W = �, �• Z , f =• m I roE G • 2C 7r,~ i s u u m r • f s t i I �� a ''9 f• 7 s M•., e• f ,.. i s• f t i,i' �t 1 • to ,.. r . � i ,� is+ur•.r ,� . 2 m N.E. 19 .; ST TEIiPlf1 1 ? r. � 4 � r� •� s ;t �r 3 �a i �� ^ � IZSRAEL i •' It—ld :Pill Our �ee�a�Ae� Ass uj ' f° e oil! 11111no III man am Maisb— IRISH I I MIN .rry4r��r�r•r � rF��e��us , ' - .— _. ___ __.� ; ... �.",��,.•a.c„ NEI 1)� e pro NOW um W = �, �• Z , f =• m I roE G • 2C 7r,~ i s u u m r • f s t i I �� a ''9 f• 7 s M•., e• f ,.. i s• f t i,i' �t 1 • to ,.. r . � i ,� is+ur•.r ,� . 2 m N.E. 19 .; ST TEIiPlf1 1 ? r. � 4 � r� •� s ;t �r 3 �a i �� ^ � IZSRAEL i •' It—ld :Pill Our Ass uj ' f° e oil! 11111no III man am Maisb— IRISH I I MIN .rry4r��r�r•r � rF��e��us , ' - .— _. ___ __.� ; ... �.",��,.•a.c„ NEI 1)� e pro NOW um W = �, �• Z , f =• m I roE G • 2C 7r,~ i s u u m r • f s t i I �� a ''9 f• 7 s M•., e• f ,.. i s• f t i,i' �t 1 • to ,.. r . � i ,� is+ur•.r ,� . 2 m N.E. 19 .; ST TEIiPlf1 1 ? r. � 4 � r� •� s ;t �r 3 �a i �� ^ � IZSRAEL i •' It—ld :Pill Our f° e oil! 11111no III man am Maisb— IRISH I I MIN .rry4r��r�r•r � rF��e��us , ' - .— _. ___ __.� ; ... �.",��,.•a.c„ NEI 1)� e pro NOW um W = �, �• Z , f =• m I roE G • 2C 7r,~ i s u u m r • f s t i I �� a ''9 f• 7 s M•., e• f ,.. i s• f t i,i' �t 1 • to ,.. r . � i ,� is+ur•.r ,� . 2 m N.E. 19 .; ST TEIiPlf1 1 ? r. � 4 � r� •� s ;t �r 3 �a i �� ^ � IZSRAEL i •' It—ld :Pill Our W = �, �• Z , f =• m I roE G • 2C 7r,~ i s u u m r • f s t i I �� a ''9 f• 7 s M•., e• f ,.. i s• f t i,i' �t 1 • to ,.. r . � i ,� is+ur•.r ,� . 2 m N.E. 19 .; ST TEIiPlf1 1 ? r. � 4 � r� •� s ;t �r 3 �a i �� ^ � IZSRAEL i •' It—ld :Pill Our AM cu Sl , MT,7117 M St Alw ,q 9 41),3 - *- r% n ,_ F, I .:-A CITY OF NUM OFFICE OF HEARING bOARDS APPLICATION FOR OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY attt**t#**t####tt#####t#rt#tr*###ttattwwtttrtwwwttttwtwtw#wtttrrtwtw#twtttt###*##tr#t*#*t*#**tar 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 ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERIC (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. t#t###wt##t###t#wwwww#rwttt#ttrwtwrt###writwiiwiiwri##wtwitwiww#w##iwtt#t#wtrtirt0#wtwwtt*####rw (VOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. I, Wynwood Tower Apartments, Ltd. _ , hereby apply to the City Commission of the City of Miami in accordance with Section 55-I5 of the Code of Ordinance of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: 1. 4 3,740 total square feet. 2. Folio number: 01-3230-026-0960; 01-3230-026-0970; 01-3230-026-0980; 01-3230-026-1020; 01-3230-026-1060; and 01-3230-026-1070 3. Two copies of the Tentative Plat prepared by a State of Florida Registered Land Surveyor. 4. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached to application). 5. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. 6. At least two photographs that show the entire property (land and improvements). 7. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 8. Attach Opinion of Title (note: an update shall be required if more than 3 months elapse before Zoning Board or City Commission approval). 9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). r 1 flr-��c.<<a CF rL.aco�per•.-�-;o.J �5cif''—e1c���,,iar� J A✓•i'{,or: L ft'I"�,✓ /c.1'•ic� r;.� ��1-/r/�ln%l��z?� Zit c . •�o �. r� ctCcc.�tL fit\ 0,1 be-W F or- Wy✓v TIAA-11 f�`%,i�iktnl>� L�"cQ, �SeIF-�><��•U� 99468 10. Fee of $_ a 110 to apply toward cost of processing, ar--ording to Section oz- i zo or inc zonang Ordinance: Vacation of public right -of -war. (a) Original submittal: Persquare foot of right-of-way.............................................................................$ .90 Minimum...............................................................................................................$1,200.00 (b) Re -submittal: Persquare foot of right-of-way ................................ ............................................. $ .90 Minimum..........................................................................................................$1,200.00 Maximum.................................................................:............................................$1,700.00 Public hearing mail notice fees, including cost of handling and mailingper notice........................................................................................................$ 3.50 _ 11. All documents, reports, studies, exhibits, or other written or graphic materials, if any, to be used by the applicant in support of the application shall be submitted with and be a part of this application. The undersigned, being the owner or representative of the owner, of the property located at 2318 NE 2nd Court, Miami, Florida 33137 AND MORE PARTICULARLY DESCRIBED AS: Lot(s) 1 through 5 and 7 through 12 inclusive Block(s) 13 Subdivision Edgewater, Plat Book 2, Page 31 do(es) respectfully petition and request The vacation and closure of a public right-of-way on the property described above. Wynwood Tower Apartmen , Ltd. I%I-Wynwood, In Genera Partner Sign By: i ael 5. Wohl, President Nam Address outh Bayshore Drive, Suite 202 Coconut Grove, FL 33133 Telephone Date 305-854-7100 09 - 468 STATE OF FLORIDA COUNTY OF. MIAMI-DADS The foregoing instrument was acknowledged before me this day of 19-1 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: STATE OF FLORIDA COUNTY OF MIAMI-DARE The foregoing instrument was acknowledged before me this day of 19 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this day of AWk 19 , byMichael D. Wohl, President of ANT-Wynwnod. Tnr_— rpnaral Darrnar .,f - parmer(or agent) onbehalfof Wynwood Tower Apartments, Ltd. a partnership. He/She is personally known to me or who has produced N AQ- as identification and who did (did not) take an oath. ame, otary Public- fate of Florida Commission No.: My Commission Expires:- '01 rni kn Blanca R Meneses My Commiss on CC612W va �• Expires March 16. 2001 ONLItfi1 of tax1 It ,AMES i. KAY, P.C. Directs March 15,1999 Wynwood Tower Apartments, Ltd. 2665 S. Bayshore Drive, Suite 202 Miami, FL 33133 Ladies and Gentlemen: WYNWOOD TOWER - NEW TENTATIVE PLAT #1343 DONALD H. WARSHAW City N.erager The City of Miami Plat and street Committee, at its meeting of March 4, 1999, approved the above tentative plat subJect to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. In the location sketch, crosshatch all areas to be included in the proposed plat. 2. indicate structures to be removed. Structures must be removed before final plat submittal, 3. At the northwest corner of the proposed plat, there is a building encroachment into the undedicated right-of-way. Please Contact the Supervisor of Plats to address this encroachment. 4. Along the west line of the proposed plat, there are several encroachments Into the undedicated right-of-way. These encroachments must be removed. 5. Provide curve data for proposed 25-foot radil on all tract corners. S. The owner shall provide on his property suitable access from the closed end of the alley to the nearest public street. 7. An opinion of title as to reversionary rights will be required by the Zoning Board. The opinion of title must also address whether or not there are any individuals, In addition to the abutting property owners, having an interest In the rights -of -way to be closed and vacated. A copy of the opinion must be provided to the Public works Department, B. Are there any utilities in the alleys to be closed and vacated? if there are utilities, they must be relocated or easements provided. 9. Provide a tie to a sectional or fractional corner distance(s) and bearing(s). DEPAR'MEN' OF PUBLIC WORKS /444 S.W. 2nd Avenue Miami, Fiprida .33' 3Q'f305}416.72UtJ ax:476-2 i 53 Mailing Aadrew P.O, Box 330708 Mlami, Florida _ I33-C7C8 99 468 Wynwood Tower Apartments, Ltd. WYNW0OD TOWIN - NNW TENTATIVE PLAT 01543 March 1s,1Q99 Page two 10. In Surveyor's note number 8, the zoning Ordinance number must be corrected to read "11000". 11, The Plat and Street Committee has reviewed the proposed vacation and closure of the alleys as part of this plat and, subject to the owner providing on his property suitable access from the closed end of the alley to the nearest public street, finds that said closures meet the public interest requirements of Sec. 55.15 of the Miami City Code. The committee recommends that suitable access be a minimum 10 feet in width to match existing alley. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights -of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. S. Additional Items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the Clty Commission for approval. You will be notified In writing as to what these Items are after the amount of the bond has been determined for the necessary subdivision improvements, 6. Tentative plat approval Is only valid for one (1) year from the date of the Plat and Street Committee meeting at which time it was approved. 99- 468 Wynwood Tower Apartments, Ltd. WyNWOOD TOWER • NEW TENTATIVE PLAT #1343 March is, 1999 Page three If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. cerely, ,r-aXP.E.James J. Ka Chairman, Plat and Street Committee )JK/rjf Enclosure: contact sheet superlor surveying, Inc. 4960 SW 72 Avenue. J30S Miami, FL 33155 Plat and Street Committee Members 9,- 41jo CONSENT AND JOINDER THE WOLFSON INITIATIVE CORPORATION, a Florida corporation, as Mortgagee, hereby consents and joins in the ApplicAtion for Ofii ' a ati n and Closure of a Public Right -of -Way established hereinabove this day of 1999. WITNESSES: THE WOLFSON INITIATIVE CORPORATION, a Florida corporation By: Z I ATO Its: Secr STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this' by ZOILA DATORRE, as Secretary of THEWOLFSON-INITIATIVE corporation, on behalf of than corporation, ho is ersonally wn to as identification. P:V MA-WJOmm-m C'h !I ".� . daY of 1999, CORPORATIO Florida ARY +UBLIC, STATE4F FLORIDA ZQnjailision Expires: it s,= rat+ coMMISSION 0 CC SM17 ti ra EXPIRES: September 8, 2000 @ended ThM NM KIM Undervetten sq- 468 AFFIDAVIT STATE OF FLORIDA } ) SS COUNTY OF MIAMI-DADE } Before me, the undersigned aathority, this day personally appeared Michael D. Wohl, as President of ANI-Wynwood, Inc., a Florida corporation, General Partner of Wynwood Tower Apartments, Ltd. 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 Chapter 55 of the Code 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 him/her 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. STATE OF FLORIDA COUNTY OF MLkMI-DARE (Applicant" Signature The foregoing instrument was acknowledged before me this day of�R�t 19" by Michael D. Woht President of ANI-Wynwood lLr. General partner (or agent) on behalf of Wynwood Tower Apartments. Ltd. a partnership. He/She is personally known to me or who has produced N I A - as identification and who did (did not) take an oath. �lotary Public- tale of Florida Commission o.: My Commission Expires: + �4t!i 6 9lanca R M,,,. e. MY Commission CC612M 'ear �,o` Fxpres Martlr 16, 2001 ne �J- 468 OWNER'S LIST Owner's Name Wynwood Tower Apartments, Ltd. Mailing Address 2665 South Bayshore Drive, Suite 202, Coconut Grove, FL Zip Code 33133 Telephone Number 305-854-7100 Legal Description: Lots 1 through 5 and Lots 7 through 12 inclusive, Block 13, of EDGEWATER, according to the Plat thereof, as recorded inilat Book 2, at Page 31, of the Public Records of Miami -Dade County, Florida. Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: N/A Street Address Street Address Street Address Legal Description Legal Description Legal Description 09-- 468 DISCLOSURE OF OWNERSEL_ 1. Legal description and street address of subject real property: Lots 1 through 5 and Lots 1 through 12 inclusive, Block 13, of EDGEWATER, according to the Plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Miami -Dade County, Florida. 2. Owner(s) of subject real property and percentage of ownership. Nate: Section 2-618 of the Code of the City 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 #2 requires disclosure of shareholders of corporations, beneficiaries of mists, and/or any other interested parties, together with their addresses and proportionate interest. See attached ownership chart. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. N/A Owner or ttorney for Owner STATE OF FLORIDA COUNTY OF MIAMI-DARE The foregoing instrument was acknowledged before me this • 5 day of / / fA'Ck_ 19�, by Michael D. Wohl,President of ANI-Wynwood, Inc., General panne (or agent) on behalf of dynwood Tower Apartments, Ltd. , a partnership. He/She is personally known to doe or who has ?roduced &JA „ as idd'ficatio� and w o i (did not) take an oath. pame: Notary Public- fate of Florida Commission o.: My Commission Expires: .4 e!j e% 8tarW R Menses * My Commission CC612W o> oExpires Mardi 16, 2001 99- 468 GMN-WYNWOoDo INC 1460 BrickeU Avmc Suite 309 N irami, Florida 33 13 1 TELEPHONE 005) 374-5503 February 16, 1999 Louis Wolfson III, Chairman of the Board ANI-WYNWOOI7, INC, 2665 S. Bayshore Drive Suite 202 Coconut Grove, Florida 33133 RE: WYNWOOU 'SOWER APARTNMM Property ate -Plat Dear Louis: As you know, the management and conduct ofthe business of the Partnership is controlled jointly by GMN Wynwood, Inc. and ANI-Wynwood, Inc. However, in reference to the re -plating of the property, we understand that ANI•Wynwood, Inc, is managing the paperwork necessary to accomplish the re -plat. In that regards, while the Partnership Agreement calls for all decisions to be made jointly by the General Partners, this letter shall authorize ANI-Wynwood, Inc. to make all decisions and execute all paperwork necessary to accomplish the re -plat of the property, without the joiner of GMPI-Wynwood, ,Inc., notwithstanding anything in the Amendmeait and Restatement of the Limited Partnership Agreement to the contrary. AZVI-Wynwood, Inc. shall use its best efforts to accomplish the re -plating ofthe property and may solely execute any and all documents with the City of Miami, Miami -Dade County or any other third party without the written joiner of GMN- Wymvood, Inc. Thank you for your attention to this matter. Very truly yours, RED:cY a:T2MArz-wrrzia 09- 468 LAW OFFICES OF RICHARD E. DEUTCH JR., P.A. 2665 S. Bayshore Drive Suite 202 Coconut Grove, Florida 33133 TELEPHONE (305) 854-7733 TELEFAX (305) 854-5622 CITY OF MIAMI - OFFICE OF HEARING BOARDS OPINION OF TITLE TO: THE CITY OF MIAMI, a political subdivision of the State of Florida. With the understanding that this opinion of title is furnished to the CITY OF MIAMI, FLORIDA, as an inducement for acceptance of an Application for Official Vacation and Closure of a Public Right -of -Way covering the real property hereinafter described, it is hereby certified that I have examined the complete Abstract of Title* completely covering the period from the BEGINNING to March 24, A.D., 1999, at 11:00 P.M., inclusive, of the following described real property: *(Which term for the purpose hereof means and refers to Owner's Title Insurance Policy Number OPM-1570762 dated January 6, 1999 issued by Attorneys' Title Insurance Fund Inc. and .Attorneys' Title Insurance Fund, Inc. computerized Property print-out.) See attached EXHIBIT "A" Basing my opinion on said complete abstract covering said period I am of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in : WYNWOOD TOWER APARTMENTS, LTD., a Florida Limited Partnership Subject to the following encumbrances, liens and other exception: S��-- 468 GENERAL EXCEPTIONS All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. Zoning and other restrictions imposed by governmental authority. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portions of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 7. Federal liens, if any, filed with the Office of the Secretary of State, pursuant to Sec. 713.901, et. seq., F.S., which became effective January 1, 1993, and which designated that Office as the place for filing federal liens against tangible and intangible personal property of partnerships, corporations, trusts and decedents' estates. For insuring purposes, personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options. SPECIAL EXCEPTIONS S. Mortgage in favor of THE WOLFSON INITIATIVE CORPORATION, dated January 4, 1999 and recorded January 6, 1999 under Clerk's File No. 99R005407 of the Public Records of Miami -Dade County, Florida.. 9. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of EDGEWATER, as recorded in Plat Book 2, Page 31, of the Public Records of Miami -Dade County, Florida. 10. Covenant filed January 6, 1999 under Clerk's File No. 99R005405 of the Public Records of S9- 468 Miami -Dade County, Florida. 11. Riparian and littoral rights are not insured. Except for foreclosure rights as set forth in the Mortgage identified herein as Special Exception Number 8, there are no reversionary rights to any third party affecting the Property. I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this 1 st day of April, 199 �,____) Richard E 2665 S. B sh 'Drive, Suite 202 Coconut Grove, Florida 33133 S9- 468 EXHIBIT "A" LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 and 12, Block 13, of EDGEWATER, according to the Plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Miami -Dade County, Florida. F'VLEM98.0941LEGAL. WPD 09- 46-8 NERSHIP STRUCTURE SIWOOD TOWER APARTMENTS, LTD. `.ATION: BIT NE 23RD AND NE 24TH STREETS ) NE 2ND COURT AND NE 2ND AVENUE, MIAMI, FLORIDA NWOOD TOWER APARTMENTS, LTD. ("WTA") -WYNWOOD, INC. SIERAL PARTNER & 49% OWNER OF WTA %REHOLDERS: JIS WOLFSON III =HAEL D. WOHL VID 0. DEUTCH rCHELL M. FRIEDMAN % OWNERSHIP OF GENERAL PARTNER 40.00% 40.00% 10.00% 10.00% GMN-WYNWOOD, INC. GENERAL PARTNER & 61% OWNER OF WTA SHAREHOLDER: % OWN.' OF GENERAL PA 100% OWNED BY GREATER MIAMI NEIGHBORHOODS, INC., A FLORIDA NON PROFIT CORPORATION. TOTAL 100.00% TOTAL AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT (WYNWOOD TOWER APARTMENTS, LTD.) THIS AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT (the "Agreement") is made by and between GMN-Wynwood, Inc., a Florida corporation ("GMN-Wynwood") and ANI-Wynwood, Inc., a Florida corporation ("ANI-Wynwood"), as co -general partners (collectively, the "General Partners"), and Greater Miami Neighborhoods, Inc., a Florida not -for -profit corporation, as. limited partner ("GMN"), this �23C:d day of December, 1998. In consideration of the mutual covenants herein contained, the partners do hereby agree: 1. Amended Agreement. This Agreement amends, restates and supersedes in its entirety that certain Limited Partnership Agreement of Wynwood Tower Apartments, Ltd., dated as of July 28, 1998, between the General Partners and the Limited Partner. 2. Formation. GMN-Wynwood and ANI-Wynwood, as co -general partners, and GMN, as limited partner hereby form a limited partnership pursuant to Florida Statutes, Chapter 620, and the terms and conditions of this Agreement. 3. Name. The name of the limited partnership shall be: WYNWOOD TOWER APARTMENTS, LTD. (the "Partnership"). 4. Managing General Par ners. The management and conduct of the business of the Partnership shall be vested jointly in the General Partners, which shall use their best efforts to manage and control the Partnership's business with all rights and powers generally conferred by law or necessary, advisable or consistent with such responsibility. All decisions affecting the development of the Partnership's real property and business activities shall be jointly made by the General Partners. S. Address. The address of the office of the limited partnership shall be 1460 Brickell Avenue, Suite 30 9, Miami, Florida. The General Partners may at any time and from time to time change the address of the Partnership. G. Termination Date. The latest date upon which the limited partnership is to be dissolved is December 31, 2048. 7. Capital. The partners shall contribute capital to the Partnership in the following amounts: (a) General Partners ANI-Wynwood $ .0049 GMN-Wynwood $ .0051 (b) Limited Partner $99.99 09- 468 8. Profits and Losses. The profits and losses of the Partnership shall be allocated as follows: (a) General Partners ANI-Wynwood .049% GMN-Wynwood .0510 (b) Limited Partner 99.991-SI 9. Distributions. Distribution of cash or other assets of the Partnership shall be allocated among the partners as follows: (a) General Partners ANI-Wynwood .490 GMN-Wynwood 51� (b) Limited Partner 99.9911 10. Assignment of Limited Partner interest. No interest of a Limited Partner in the Partnership may be assigned without the consent of the General Partner. IN WITNESS WHEREOF, this Agreement has been made and executed on this OU day of December, 1998. G:\W-9JM\35360\002\p-ship.agz Sen ANI-Wynwood, a Florida corpora- tion, as General Partner By: Name : GMN-Wynwood, a Florida corporation, as eneral Partner By:, ce Name: 4 pbj Title: Greater Miami Neighborhoods, a Florida not -for -profit corpora- te on, as Limited Partner By: Name : . E T-t1e: V ctom_ 09- 468 jUL 1 �_o jam. ru rr, NULLK4u r ii i ui i LLP' : v�5 r'oy'1'(yy l U 742411445420111305 P. 02/07 LIMITED PARTNERSHM AGREEMENT OF WYNWOOD TOWER APARTMENTS, LTD. This Limited Partners ip Agreement of WYNWOOD TOWER APARTMENTS, LTD. is entered intoas of the ,�TSr„ day of .4 . 1998 by and among GMN-WYNWOOD, I'NC. a Florida corporation ("GMN-Wynwood"), ANI-WYNWOOD, INC., a Florida corporation ("ANI-Wynwood") and GREATER MIAMI NEIGHBORHOODS, INC. a Florida non-profit corporation ("Greater Miami"). PRELIMINARY STATEMENT This Partnership has been formed by GMN-Wynwood, ANI-Wynwood and Greater Miami, to develop, own and operate an affordable rental housing complex in Miami -bade County. In consideration of the mutual covenants herein contained, the parties do hereby agree as follows: 1. Formation. GMN-Wynwood and ANI-Wynwood, as general partners, and Greater Miami, as limited partner, hereby form a limited partnership pursuant to Florida Statutes, Chapter 620, the Florida Uniform Limited Partnership Act (the "Act") and the terms and conditions of Us Agreement. GMN•Wynwood and ANI-Wynwood shall be the general partners and Greater Miami shall be the limited partner. The rights and liabilities of the partners shall be as provided in the Act, except as otherwise expressly provided in this Agreement. 2. Name. The name of the limited partnership shall be WYNWOOD TOWER APARTMENTS, LTD. The general partners may at any time and from time to time change the name of the Partnership. 3. Principal Place of Business and Resident Agent. The principal place of business and principal office shall be 1460 Brickell Avenue, Suite 309, Miami, Florida 33131. The general partners may at any time and from time to time change the address of the Partnership. The registered office of the Partnership shall be the same as its principal office and place of business. 4. Term. The Partnership shall commence as of the date the Partnership filed its Certificate of Limited partnership with the Secretary of State of the State of Florida. The latest date upon which the Partnership is to dissolve is December 31, 2048. 5. Admission of General Partners and Limited Partner. GMN-Wynwood and A.NI- Wynwood are hereby admitted to the Partnership as the General Partners and Greater Miami is hereby admitted to the Partnership as the Limited Partner. 6. Capital. The partners sliall contribute capital to the Partnership in the following amounts: GIviN-Wynwood $ 5.00 ANI-Wynwood - $ 5.00 Greater Miami $ 990.00 7. Profits and Losses. The profits and losses of the Partnership shall be allocated as follows: GMN-Wynwood .5% ANI-Wynwood •5% Greater Miami 990/0 8. Distributions. Distribution of cash or other assets of the Partnership shall be allocated among the partners as follows: GMN Wynwood ANI-Wynwood .5% Greater Miami 99% 9. ManaQernent and Control. The management and conduct of the business of the Partnership shall be vested in the General Partners, which shall use their best efforts to manage and control the Partnership's business with all rights and powers generally conferred by law or necessary, advisable or consistent with such responsibility. All decisions affecting the development of the Partnership's Property and business activities shall be jointly made by the General Partners. 10. Entire Agreement. This Agreement constitutes the entire Agreement of the parties herewith with respect to the matters set forth herein and supersedes any prior understanding or agreement, oral or written, with respect thereto. 2 99- 468 IN WITNESS WHEREOF, this Limited Partnership Agreement has been made and executed on the day first above mentioned. M1A4-640688.1 3 GENERAL PARTNERS: GMN-WYNWOOD, INC., a Florida corpo� 7n By ce % genia Anderson, Vice President ANI-WYNWOOD, INC., a Florida corporation rNme: e- t L Title:r— LIMITED PARTNER: GREATER MIAMI NEIGHBORHOODS, INC., a Florida not -for -profit corporation B c Y: Name: c-t re- Title: �/'c e �)9- 498 n JUL. GJ 1JJU lU•Lr_ I I. Ilua_I_I II I.. ••••• -' 0 FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State July 28, 1998 HOLLAND & KNIGHT TALLAHASSEE, FL The Affidavit and Certificate of Limited Partnership of WYNWOOD TOWER APARTMENTS, LTD. were filed on July 28, 1998 and assigned document number A98000001789. Please refer to this number whenever corresponding with this office. The certification you requested is enclosed. This partnership's certificate of authority will expire on January 1, 1999. To renew the partnership's certificate of authority, the limited partnership must file with the Department of State, on or before December 31, 1998, a limited partnership annual report form. Please be aware if the limited partnership address changes, it is the responsibility of the limited partnership to notify this office. Should you have any further questions concerning this matter, please telephone (850) 487-6051, the Registration and Qualification Section. Buck Kohr Corporate Specialist Division -of Corporations Letter Number: 198AO0039706 0s- 46S Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 i f I r CERTIFICATE o`� fo' , OF LIMITED PARTNERSIBP OF W XNWOOD TOWER APARTMENTS, LTD. �CP The undersigned, pursuant to the provisions of Section 620.108 of the Florida Statutes, do hereby certify and swear in this Certificate of Limited Partnership to the following: O x. NAME. The name of the Limited Partnership is: WYNWOOD TOWER APARTMENTS, LTD. 2. REGISTERED AGENT. The name and address of the Registered Agent for the Limited Partnership is: Lynn C. Washington Holland & Knight LLP 701 Brickell Avenue, Suite 3000 Miami, Florida 33131 3. GENERAL PARTNERS. The name and business addresses of the general partners are: GMN-Wynwood, Inc. 1460 Brickell Ave., Ste. 309 Miami, Florida 33131 ANI-Wynwood, Inc. 2665 S. Bayshore Drive, Suite 202 Coconut Grove, Florida 33133 29- 468 JUL 29 1998 10:23 FR HOLLAND KNIGHT LLP A 3057897799 TO 7424044542414305 P.19/28 a n � 4. MAILING ADDRFSS. .�C:p The mailing address for the Limited Partnership and the location of its prince �;P; �� place of business is as follows: �o^ 146013rickell Ave., Ste. 309 - Miami, Florida 33131 r� S. D1TS ELUTION DAM The latest date upon which the Limited Partnership is to dissolve is December 31, 2048. IN WrINESS WHEREOF, the General Partners have executed this Certificate of Limited partnership this 22nd day of July, 1998. GMN-WYNWOOD, INC., a Florida corporation By: Eugenia Anderson, 'Vice President ANI-WYNWOOD, INC., a Florida corporation Name: ,&l icl, n c t. I✓JX L �- -2- JUL 29 1998 10:23 FR HOLLAND KNIGHT U_P & 3057897799 TO 7424444542HI0305 P.20i29 .4 O ACCEPTM!QE Pursuant to Section 620.192 of the Florida Statutes, the undersigned acc i Alt appointment as registered agent for N YNWOOD TOWER.APAMIENTS, LTD., a �r�'da `Fri limited partnership, and accepts all obligations unposed on it as such under Florida law_ c9 o�• Executed this day of.�� 1998. iL By- , M U Ly T. Washington -3- 59- 46S JUL 29 1998 10:23 FP HOLLAND KNIGHT LLP 3057897799 TO r.c-leco AFMAVIT o STATE OF FLORIDA ) oC'-� .� ss; COUNTY OF MIAW-DARE ) y- The undersigned as general partners of WYN6'VOOD TOWER APARTMENTS, LTD o �� a Florida limited partnership ("Limited Partnership"), declare as follows: t;? The total of capital contributions of the limited partners of the Limited Partnership r'� o� through this date is $1.00 and the anticipated future capital contributions of the limited partners to the 'Limited Partnership is $100. GMN-WYNWOOD, INC., a Florida. corporation By: 1//Gc en -,"Eug*en' Anderson, Vice President ANI-WYNWOOD, INC., a Florida corporation Title: r, <, �. , f -4- 29 - 468 JUL e" lyytj 10:;t!s f K HULLHNU KNIGHT LLP • 3057897799 TO 7424044542419305 P.22/28 .I STATE OF FLORWA ) ) ss: COUNTY OF MWff-DADE } J .. o The foregoing instrument was acknowledged before me this 22nd day of >., y� July, 1998 by Eugenia Anderson as Vice President of GMN-FVYNi'VOOD, INC., a F>ida o corporation, on behalf of the corporation. She is personally known to me OR has prod a �, as identification. nor DOREEN Q. INORG1w :._ MY COMMISSION I GG 70MI2 ,` •` EXPIRES: Mry le, 2UO2 •r.,p;,.;:'' eo+,a.ornn+MotttyPuDlicv Commission No. Notary Public State of Florida at Large My commission expires: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) The far going instrurnenj was acknowledged before me this c-104— day of(L-1 L 1998 by �' he ,� . t1 as P r� of ANI-WYNW005, INC., a Florida corporation, on behalf of the corporation. She is personally known to me OR has produced as identification. ,_ /') 11 Notary Public State of Florida at Large My commission expires: nay' ire,, I.tSSETTE CART1M MY COMMISSION 1 CC 5M17 WIMS: September B 2000 1vIIA4-Eri0o66.1 Barad TDtu Moony Publk UndaWmm -5- m) _ 4 6 -8 JUL d:� 1y:. l 10:24 FR HOLLAND KNIGHT LLP A 305,7697799 TO 7424944542014305 P.23/28 two ,t.•�` FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State July 28, 1998 HOLLAND & KNIGHT 315 SOUTH CALHOUN ST TALLAHASSEE, FL 32301 The Articles of Incorporation for ANI-VVVYYNWOOD, INC. were filed on July 28, 1998 and assigned document number P98000066055, Please refer to this number whenever corresponding with this office regarding the above corporation. The certification you requested is enclosed. PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES IS ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO DO SO MAY RESULT IN DISSOLUTION OF YOUR CORPORATION. A CORPORATION ANNUAL REPORT MUST BE FILED WITH THIS OFFICE BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE ANNUAL REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION. A FEDERAL EMPLOYER IDENTIFICATION FEI) NUMBER MUST BE SHOWN ON THE ANNUAL REPORT FORM PRIOR TO ITS FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECEIVE THE FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT AT 1-800-829-3676 AND REQUEST FORM SS-4. SHOULD YOUR CORPORATE MAILING ADDRESS CHANGE, YOU MUST NOTIFY THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS SUCH AS THE ANNUAL REPORT NOTICES REACH YOU. Should you have any questions regarding corporations, please contact this office at the address given below. Pamela Hall, Document Specialist New Filings Section • Letter Number. 79BA00039680 09- 468 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 I LJ i�70 IU*eq rK HULLHNU KNIGHT LLP * 3057897799 TO 7424444542111N305 P.25/28 ARTICLES OF INCORPORATION OF ANi-y�'YN'6WClOb. Jf�TC� FIL-ED 98 JUL 78 m 1: Ol S�C`�MTE �.IAS"("CrFLO DA TALi_A The undersigned, acting as incorporator of AIVI�WS'N OOD. INC. under the Florida Business Corporation Act, adopts the following Articles of Incorporation. ARTICLE I. NAME The name of the corporation is ANT-WYNWOOD. INC_ ARTICLE Ti. ADDRESS The mailing address and principal office address of the corporation is: 2665 S. Bayshore Drive, Suite 202 Coconut Grove, Florida 33133 ARTICLE III. COMMENCEMENT OF EXISTENCE The existence of the corporation will commence at 12:01 A.M. on the date of filing of these Articles of Incorporation. ARTICLE IV. PURPOSE The corporation is organized to engage in any activity or business permitted under the laws of the United States and Florida, including, but not limited to, the fostering of low-income housing. ARTICLE V. AUTHORIZED SHARES The maximum number of shares that the corporation is authorized to have outstanding at any time is 10,000 shares of common stock having a par value of $1.00 per share. 1 1.;7o tr�rK MULLHNO KNIUHI LLN e .3bS'7897799 To 7424044542910305 P.26/28 ARTICLE VI, INXTTIAL REGISTERED OFFICE AND AGENT The street address of the initial registered office of the corporation is 701 Brickell Avenue, Miami, Florida 33131 and the name of the corporation's initial registered agent at that address is Lynn C. Washington. ARTICLE VII I'IAL BOARD OFDIRECTORS The corporation shall have three directors initially. The number of directors may be either increased or diminished from time to time, as provided in the bylaws, but shall never be less than one. ARTICLE VIIT. INCORPORATOR The name and street address of the incorporator are: Name Address Lynn C. Washington 701 Brickell Avenue, Suite 3100 Miami, Florida 33131 The incorporator of the corporation assigns to this corporation his rights under Section 607.0201, Florida Statutes, to constitute a corporation, and he assigns to those persons designated by the board of directors any rights he may have as incorporator to acquire any of the capital stock of this corporation, this assignment becoming effective on the date corporate existence begins. 1�RTTCLE TX- BYLAWS The power to adopt, alter, amend, or repeal bylaws shall be vested in the board of directors and the shareholders, except that the board of directors may not amend or repeal any bylaw adopted by the shareholders if the shareholders specifically provide that the bylaw is not subject to amendment or repeal by the directors. 2 S3- 46-8 ARTI LE X. AMENDMENTS The corporation reserves the right to amend, alter, change, or repeal any provision in -these Articles of Incorporation in the manner prescribed by law, and all rights conferred on shareholders are subject to this reservation. The undersigned incorporator, for the purpose of forming a corporatioqnn under the laws of the State of Florida, has executed these Articles of Incorporation this.Zafday of July, 1998. MIAa-GA0110. I 3 I'Y C. WASHINGTON, Incorporator 005— 466 J UL G7 177d lb+ LJ t'K t-1ULL.HIVU KN I U l I L.U' - )UD f oz' I r a IFILED CL.RTMCATI✓ It Q� DESIGNATING PI ACE OF BUSINESS OR D O IICXY.E gg JUL 28 �� FOR THE SERVICE OF PROCESS WffBI T THIS STATE, �.j , ZY OC Si ATe NAMING AGENT UPON WHOM PROCESS MAYBE SERVED S A `AEIASS��. Fi-4RIDA Pursuant to Chapter 48.091, Florida Statutes, the following is submitted. - That ANI VVYNWOOD, INC., desiring to organize under the laws of the State of Florida with its initial registered office, as indicated in the Articles of Incorporation, at 701 Brickell Avenue, Miami, Florida 33131 has named Lynn C. Washington as its agent to accept service of process within this state. ACKNOWLEDGMENT: Having been named to accept service of process for the corporation named above, at the place designated in this certificate, I agree to act in that capacity, to comply with the provisions of the Florida Business Corporation Act, and am familiar with, and accept, the obligations of that position. - f1)-4-I Date 4 Lynn C. Washington Regi§te ,�ey Agent J06 *:r TnTnl Pnrc :i•!t' FLORIDA DEPARTMENT OF STATE Sa &a R. Mortham AW.11- wry of State ,July 213, 1998 HOLLAND & KNIGHT 31b SOUTH CALHOUN ST TALLAHASSEE. FL 32301 The Articles of Incorputalion for OMN.WYNWOOrl, INO were filed on July 28, 1998 and assigned documenf number P90000066051. Please refer to this number whenever corresponding with thl. Mice regarding the above eorporaliuri. The certification you requested is enclosed PLEASE NOTE. COMPLIANCE WITH THE FOLLOWING PRaGEI7URE;; IS ESSENTIAL TO MAINTAINING YOUR CORPORATE. STATIIS.. F=AILURF- TO 00 SO MAY RESULT IN DISSOLUTION OF YOUR CORPORATION. A CORPORATION. ANNUAL REPORT MUST 8E FILED WITH THIS OFFICE BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE ANNUAL REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION. •- A FEDERAL EMPLOYER IDENTIFICATION(FEt) NUMBER MUST BE SHOWN ON THE ANNUAL REPORT FORM PRIOR TO ITS (FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECEIVE THE FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT AT 1-80"29-3676 AND REQUEST FORM SS-4. SHOULD YOUR OORPORATIE MAILING ADDRESS CHANGE, YOU MUST NOTIFY THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS SUCH AS THE ANNUAL REPORT NOTICES REACH YOU. Should you have any Questions regarding corporations, please contact this office st the address glven below. Pamela H2JI. Document Speclallct Now Filings Section Lettur Number: 198A0003079 Divicion of Corporations - P.O. BOX 6327-Tallahaseee, Florida 32314 29- 468 14 of I certify from the records of this office that GMN-WYNWOOD, INC., Is a r corporation organized under the laws of the state of Florida, flied on July 28, 1998. The document number of this corporation is P98000086051. I further certffy that said corporation.has pMd all fees and penalties due this office through December31, 1998, and Its status Is anetve. I further certify that aald corporation has not filed Artdclea of Dissolution. Given under my hand and the Great Saar of the State of Florida at?aliahassee, the Capitol, this the Fourth day of January, 1999 ,. 4 , ,r ,.►� .. l 4 ATICURS OF INCORPORATION FILED OF 98 .Jfll. 28 PH 1- 04 ��Tv TALLAHAS`EC, FI IRMA nic undersigned, acting as incorporator of GBINyIriNW0017. INC. under Lbc F1u"Jx business Corporation Act. adopts the following Articles of Tnrnrpnratinn. AlrQC:Lie L NAME Tlir name of the a nporation io.1V�j�T 0,NW00D. INC. ARTTCT.R TT. Apulliz The mailing address and principal office address of the corporation is: 1460 Arickcll Ave., Stc. 309 Miami. Florida 33131 ARTYCT T; TTl ('OMMI:fYC'1'eWN-1\M OE MISIENCE 'Me existence of the enrpnration will commence at 12:01 A.M. on the date of filing of these Articles of Incorporation. The cnq matron is organized to enzage in any activity of busiwms pernuasrl under arc laws of the United Stares =0 FlorkL• , irx;ludiag, but not limited to, the fostering of tow-inromc hnusing. ARTICLE V. A1:TTTTQR17,Rn FiIiARM The marimnin mmher of them that the corporation is authorized to have outstanding at any tiro: is 10,000 shares of common stock having; a par vxluc of $1.00 pci OsAic. 1 99s 468 ARI t YL 1'1'1A1.1 Ff; �»F� OFFIC£ A1JIi AG81�I'Il The street arldmv of the initial registered of ice of The corporation is 701 Briukell Avenue. Muni. Florida 33131 and the n;uue of die r-OTnratinn's initial tegistered agent at that addrzc.% is Lynn C. Washington. ARTTC.T R V17 TNITIAI, llQ&jL'1! Q F DIRECTOILS The corporation shall have three directors initially. The number of directors may be ®ithar irrercaced or dUnInlshad from time to rime, as pruvidhi in ncr hylaws, but <hali never he ir'ca than nne. ARTICLX V11C. INCORPORATOR The name and street aJJ=s of die incorporator are: N;Imr AcIdrecc Lynn C. Washington 701 Brickell Avcnuc, Suite 3100 Mismi, Florida 33131 The incorporator of the corporation assigns to this corporation hit; rights under Scctiou 607.0201, Florida Surutes, to consriture. a cnTnratinn, and he auigns to those persons designated by that board of directors any rlR1uC he may have as incorporawr to =quirr any or Lhc. cKpilai stock of ilus corptrrminn, this assignment becoming effective on the date corporate existence begins. &IMPIX IX. BYLAWS 1 ere power to adopt, alter, amend, or repeal bylaws shall be vested in the board or directors arul dre sirarclruldcrs, except that lltr. board of directors may not amend or ml;cal any bylaw adopted by the shareholders if the shareholders specifically provide that the bylaw is not subject to a,nctidment or repeal by the directors. 2 S- bus ARTICLE 3C AMENDMENTS Mir corporatinn roaerves We light to ammut, alter, chame. or repeal arty pruvision in thr_u: Articles of Ineorponatiuu in the manner prescribed by i2w, mind all rights conferred on sluiebi-ldcm are subject to thfe tccervatwu. The undersigned ihreprporatur. fur the raupose of forming a curpULatipn under the laws of the State of Flu,ida, has exccutod these ,A.rticle. yr Tw=romlinn this y of July, 199R. rthA4 daoho3.h Li N . WASMGTON, Incorporator 0J- 468 FILED 1 Z1n.4umA'tuc FiAcz oFituspampapomms 98 Jtll. 28 PN 1= 04 POR TI M SACYICE Or PROCEN VF'MnN THIN %TATR, tcrtri+�Z� 01`;SATE ` NANMG AGMT OPOK GM PROCESS MAY BE ""CA11ASSE:, f imm Purim= to C7xpprer W.091, Fluridu Siaiiefes, fbr fol/owing it auhmitted: Mat r.MN-4WYNWOUL. LNC. drairing to organic under the lawns of the State of 1'inridx with its. initial registered ollioo, Qs indicated in the Atticles of Ineotpomdon, at 701 brickell Avenue. Miami. Florida 33131 Los named Lynn C. Washington as Its agent to artsept `ervicC rif rmccm within thin state. ACKNOWLEDGMENT: Having been named to uccspt service of process for the corpotntion named above, at the place designated in this ¢artifitate. I ague to act In that capacity, to comply with the provisions of the Florida Business Corporation Act, and am familiar with, and .cccpt, 11u obligations of that position. Dxte 1 4 x.yt t W;W1 acid R Agtnt 99-- 468 'REC 184- ? i'G 6 . '99f:0054 06 1999 JAN 06 09: DOCSTPDEE 6P000.00 SURTX 4►500.1 IIARUEY RUVIN► CLERK DADE COUN1Y► 1 WARRANTY DEED THIS INDENTURE, made and executed on January ,_L, 1999, by THE WOLFSON INITIATIVE CORPORATION a/kla WOLFSON INITIATIVE CORPORATION, a Florida corporation, whose address is 2318 N.E. 2nd Court, Miami, Florida 33137, Grantor* and WYNWOOD TOWER APARTMENTS, LTD., a Florida Limited Partnership, whose address is 2665 S. Bayshore Drive, Suite 202, Coconut Grove, Florida 33133, of the County of Dade, State of Florida, Grantee*, WITNESSETH, That said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Dade County, Florida, to -wit: Lots 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 and 12, Block 13, EDGEWATER, according to the Map or Plat thereof as recorded in Plat Book 2, Page 31, Public Records of Miami - Dade County, Florida. Folio No: 01-3230-026-0960, 01-3230-026-0970, 01-3230-026-0980, 01-3230-026-1020, 01-3230-026-1060 and 01-3230-026-1070 SUBJECT TO: Zoning restrictions imposed by governmental authority, restrictions, reservation, limitations, conditions and easements of record or common to the subdivision and taxes for the current and subsequent years. and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *"Grantor" and "Grantee" are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. WITNESSES: GRANTOR: THE WOLFSON INITIATIVE CORPORATION a/k/a 247WOLFSON NITIATIVE CORPORATION, a Florida corporati 11 D & r t N Its: - C. 2_L, _ Print None: (Corporate Seal) ' STATE OF FLORIDA COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me on January �, 1999., by Z�l Z-i9 ,�ii�l—� 6? f;L , as ��-7 �1� il� of THE WOLFSON INITTATTIrF r(1T)nnn I IT'-' ELL t U-r'L-d-. ri) Uv RESOLUTION OF THE SOLE SHAREWMER OF THF. WOLFSON INMATIVE CORPORA .. AN The undersigned, as Sole Shareholder of the Wolfsoniaw, initiative Corporation, a Florida Corporation (tile "Corporation"), hereby adopts the following in accordance with the Articles of Incorporation and Bylaws of the Corporation: WHEREAS, for the Corporation has agreed to sell in accordance with the terms of the Contract Purchase and Sale of Real Property dated October 20, 1999 by and between the Corporation and Affordable Neighboik Inc. ( the "Buyer") certain real property, personal property and intangible property, more particularly described therein ( the Property") ; NOW, 'i'tiL-REFORE, BE IT RESOLVED that the undersigned hereby ratifies and approve the Contract; and the Sale rf'the Property pursuant thereto BE IT FURTHER RESOLVED that Zoila Datorre, the Secretary, or any other officer of this Corporation be authorized, empowered and directed in the name and on behalf of this Corporation to enter into and deliver any modifications of the Contract, and to make, enter into, execute and deliver with and to Buyer any deeds, Bill of Sale, Leases, documents, instruments or agreements with such changes in the terms and conditions as such officer in her sole discretion deems appropriate and that may be requested or required by Buyer to close the transaction described above ; and BE TT FURTHER RF..SOT.VFD that Zoila Datorre, or any other officer of this Corporation be, authorized, empowered and directed in the name and on behalf of this Corporation to carry out and fulfill the put -poses and intent of the Resolutions contained herein., and misouvf-i 7 FUR'THF,K, that any and all prior and existing agreements and transactions by or on behalf of this Corporation with Buyer be and the same hereby are in all respects ratified, approved and confirmed. The above Resolutions are in mull force and effect and have not been rescinded or modified. IN WITNES ' W -¢ HOf:, I have hereunto subscribed my name as Sole Shareholder of the Corpnr i n, pursu to and lawful corporate authority, this day of December, 1998. �y:-?ECORDc,� ,,. •F;RCw,. -.EI�ORDS 80a1 t�rCttF1.I Wnt. N~ 3FDADEr;:>uA;r+-&DR)DA RECCP.0 VERWIEC SoleSharcholdcr rlAr1VC; R!)VIN *9- 4y 8 SO'd 60v0 £LS SOS UALge�q.ul u0s-1.01A dlO=£O 86-8Z-=00