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HomeMy WebLinkAboutR-98-0446J-98-419 4/28/98 RESOLUTION NO. 9 — 446 A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE RITZ CARLTON PROJECT TO BE LOCATED AT APPROXIMATELY 3300 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, TO BE COMPRISED OF A PLANNED UNIT DEVELOPMENT PROJECT WITH APPLICABLE INCREASED FLOOR AREA RATIO BONUSES, CONSISTING OF 250 HOTEL ROOMS, 208 RESIDENTIAL UNITS, ACCESSORY FUNCTION AND COMMERCIAL/RETAIL SPACE AND 564 PARKING SPACES; DIRECTING TRANSMITTAL OF THIS RESOLUTION AS DESIGNATED HEREIN; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; AND CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 29, 1998, Lucia A. Dougherty, on behalf of Grove Miami Holdings, Inc. ("APPLICANT"), submitted a complete Application for Major Use Special Permit for the Ritz Carlton Planned Unit Development Project ("PROJECT") pursuant to Zoning Ordinance No. 11000, Articles 5, 9, 13 and 17, for the property located at approximately 3300 Southwest 27th Avenue, Miami, Florida, as legally described in Exhibit "A" to be comprised of a planned unit development project with increased floor area ratio bonuses; and WHEREAS, development of the PROJECT requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and tTACEa CONTAJ Off COIDWSION MME?ING OF APR 2 9 1998 Resolution No. 98— 446 WHEREAS, the Large Scale Development Committee met on December 11, 1997, to offer its input pertaining to technical issues related to the PROJECT; and WHEREAS, the Urban Development Review Board met on January 21, 1998, and March 11, 1998, and recommended approval of the proposed project; and WHEREAS, the Zoning Board, at its meeting of March 16, 1998, Item No. 6, following an advertised public hearing, adopted Resolution No. ZB 1998-0037, RECOMMENDING APPROVAL with conditions for Special Exceptions for the PROJECT as a component of a Major Use Special Permit, subject to APPLICANT complying with all, conditions of the Development Order for the PROJECT, by a vote of seven to zero (7-0); and WHEREAS, the Planning Advisory Board, at its meeting of March 18, 1998, Item No. 2, following an advertised public hearing, adopted Resolution No. PAB 26-98 RECOMMENDING APPROVAL of the PROJECT for a Major Use Special Permit, subject to APPLICANT complying with all conditions of the Development Order for the PROJECT, by a vote of seven to zero (7-0); and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order for the PROJECT as hereinafter set forth; 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 - 2 - 98- 446 thereto and incorporated herein as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached hereto as Exhibit "B" and made a part hereof, is hereby approved subject to the conditions specified in said Development Order, per Article 17 of Zoning Ordinance No. 11000, for the Ritz Carlton Planned Unit Development Project (hereinafter referred to as the "PROJECT") to be developed by Grove Miami Holdings, Inc., ("APPLICANT"), to be comprised of a planned unit development project with applicable increased floor area ratio bonuses, for the property located at approximately 3300 Southwest 27th Avenue, Miami, Florida, more particularly described in Exhibit "A", attached hereto and made a part hereof. Section 3. The PROJECT is hereby approved for the construction of up to 250 hotel rooms and 208 residential units with accessory function and retail/commercial space and 564 parking spaces. Section 4. The Major Use Special Permit Application for the PROJECT also encompasses the lower ranking Special Permits as set forth in the Development Order, attached as Exhibit "B" hereto and incorporated herein. Section 5. The findings of fact set forth below are hereby made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. - 3 - 98- 446 b. The PROJECT is in accord with the O/SD-17/R-3 Zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. C. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a Certificate of Occupancy. d. The PROJECT is expected to cost approximately $140 million, and to employ approximately 255 workers during construction (FTE); and 300 employees annually (recurring). The PROJECT will generate approximately $4.3 million annually in ad valorem tax revenues to local units of government (1997 dollars). e. The City Commission further finds that: 1) the PROJECT will have a favorable impact on the economy of the City; 2) the PROJECT will efficiently use public transportation facilities; - 4 - 98 - 446 3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; 4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; 5) the PROJECT will efficiently use necessary public facilities; 6) the PROJECT will not negatively impact the environment and natural resources of the City; 7) the PROJECT will not adversely affect living conditions in the neighborhood; 8) the PROJECT will not adversely affect public safety; 9) based on the record and evidence presented, the public welfare will be served by the PROJECT; and 10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, minority participation and employment, and minority contractor/subcontractor participation will - 5 - 98-- 446 be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the applicants and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on January 29, 1998, and on file with the Department of Planning and Development of the City Of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference. Section 8. This Major Use Special Permit will expire two (2) years from its effective date which is thirty (30) days after the adoption of the herein Resolution. Section 9. The City Manager is hereby directed to instruct the Director of the Department of Planning and Development to transmit a copy of this Resolution and attachments to the developers: Grove Miami Holdings, Inc., 127 Root Trail, Palm Beach, F1. 33480. Section 10. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the Ritz Carlton Project, which is attached hereto as Exhibit "B" and made a part hereof by reference. Section 11. The Major Use Special Permit Development Order for the Ritz Carlton Project (Exhibit "B") is hereby granted and issued. 6 - 98- 446 Section 12. In the event that any portion or section of this Resolution or the Development Order (Exhibit "B") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order (Exhibit "B") which shall remain in full force and effect. Section 13. This Resolution shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED this 28th day of April , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor dice not indlicats P^ornwit of this legislation by signing it in the designated place provi&d, - io a i 3r becomes effective with the elapse often (10) days from the date of Comm -tn ac" c� i ATTEST: regarding same, without the Mayor exercising Wage J. eman; ^ity Clerk WALTER J. FOEMAN, CITY CLERK PREPARED AND APPROVED BY: vv GgORGY K. WYSO , I ASSISTANT CITY ATTORNEY W2458:GKW:BSS - 7 - 98- 446 EXHIBIT* "A" LEGAL DESCRIPTION Tract "A", "GROVE MOUNTAIN REPLAT', according to the Plat thereof as recorded in Plat Book 128 at Page 39 of the Public Records of Miami -Dade County, Florida; Lots 1 through 21, 40 through 42, 46 through 48, 54 and 55, AND Lot 45 lying East of Tract "A' of said 'GROVE MOUNTAIN REPLAT";all a part of "DAY GROVE TERRACE", according to the Plat thereof as recorded in Plat Book 9 at Page 180 of the Public Records of Miami -Dade County, Florida; Together with all that portion of Greenwood Road lying Easterly of said Tract "A'; and Together with all that portion of Cornelia Avenue lying Easterly of the platted. centerline bounded by Tigertail Avenue and SW 27th Avenue (Grapeland Boulevard) as shown on the plat of said 'DAY GROVE TERRACE% LESS those lands lying Northwesterly of a line lying 25.00 feet Southeasterly of and parallel with the centerline of Tigertail Avenue, AND LESS those lands lying Easterly of a line 50.00 feet Westerly of and parallel with the centerline of SW 27th Avenue (Grapeland Boulevard); AND LESS ALSO the area external to a circular curve having a radius of 5.00 feet concave to the Southwest and being tangent to a line 25.00 feet Southeasterly of and parallel with the centerline of Tigertail Avenue and a line 50.00 feet Westerly of and parallel with the centerline of SW 27th Avenue (Grapeland Boulevard). 9s- 446 EXHIBIT "B" DEVELOPMENT ORDER ATTACHMENT TO RESOLUTION NO. DATE: RITZ CARLTON PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit to be comprised of a planned unit development project with applicable increased floor area ratio bonuses for the Ritz Carlton Planned Unit Development Project (hereinafter referred to as the "PROJECT") to be located at approximately 3300 Southwest 27th Avenue, Miami, Florida; see legal description in Exhibit "A", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and hereby issues this Permit: B-1 9 8- 446 PROJECT DESCRIPTION: The proposed Ritz Carlton Project is a Planned Unit Development Project located at approximately 3300 Southwest 27th Avenue, Miami, Florida ("PROJECT"). The PROJECT is located on approximately 226,912 gross square feet (5.2 gross acres) and 172,497 net square feet of land (more specifically described in Exhibit "A", incorporated herein by reference). The remainder of the PROJECT's VITAL DATA is attached hereto as Exhibit "C", and incorporated herein by reference. The proposed PROJECT will consist of 250 hotel rooms, and 208 residential units with accessory function and retail/commercial space and 564 parking spaces. The project will consist of two 22 story structures situated on top of a two level underground parking structure; it will also contain a recreation area consisting of the following amenities: swimming pool, fitness center, spa, steam and sauna rooms, and jacuzzi with access to sun decks. The ownership, operation and maintenance of common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. B-2 9 8- 446 The Major Use Special Permit Application for the Ritz Carlton has a companion application for Special Exception to allow the following: SPECIAL EXCEPTION per Article 9, Section 906.7.3, for bar/saloon and/or tavern; and SPECIAL EXCEPTION per Article 9, Section 906.7.3, for valet service to a hotel and residential units. The Major Use Special Permit Application for the Ritz Carlton Project also encompasses the following lower ranking Special Permits: CLASS II SPECIAL PERMIT per Article 6, Section 617, for development within the SD-17 Zoning District; and CLASS II SPECIAL PERMIT per the City of Miami Off Street Parking Design Guides and Standards for reduction of parking stall width when adjacent to a solid (wall/column) structure and for backup space reduction from 23 feet to 22 feet; and CLASS II SPECIAL PERMIT per Article 9, Section 906.7.3, for restaurant accessory to residential use; and CLASS II SPECIAL PERMIT for waiver of certain Miami - Dade County Landscape Code guidelines. CLASS I SPECIAL PERMIT per Article 9, Section 906.9, for pool/spa and recreational area; and CLASS I SPECIAL PERMIT per Article 4, Section 401, for permanent active recreational facilities within an R-3 District. Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits referenced above. B-3 98-- 446 The Project shall be constructed substantially in accordance with plans and design schematics on file prepared by Nichols Brosch Sandoval & Associates, Inc., dated January 1998; the landscape plan shall be implemented in accordance with the plans on file prepared by Bradshaw, Gill & Associates, Inc. dated February 2, and February 18, 1998; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Director of the Department of Planning and Development prior to the issuance of any building permits. The PROJECT conforms to the requirements of the O/SD-17 Zoning Districts, as contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation allows the proposed mix and intensity of commercial and residential uses. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL DO THE FOLLOWING: 1. Meet all applicable building codes, land development regulations, ordinances and other laws. B-4 98 - 446 2. Prior to the issuance of a building permit, provide the City with a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the permit or approval required of each. 3. Prior to the issuance of a building permit, record a certified copy of the development order in the Public Records of Miami -Dade County that specifies that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 4. Allow the Miami Police Department to conduct a security survey, at the option of the Department, so as to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 5. Provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plans Review Section of the Department of Fire - Rescue for the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, egress, vehicular access and water supply. 6. Provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of said Department. B-5 98 -- 446 7. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 8. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business Affairs for review and comment, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 9. Record in the Public Records of Miami -Dade County, Florida, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 10. Provide the City with an executed, recordable unity of title or covenant in -lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 11. The applicant shall provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Public Works Department and the Department of Planning and Development. B-6 98- 446 12. The property shall be required to be replatted prior to the issuance of a building permit. 13. Provide the Department of Planning and Development with a temporary parking plan which addresses construction employee parking and temporary parking arrangements for the existing building during the construction period; said plan shall be subject to the review and approval by the Department prior to the issuance of any building permits. 14. The applicant shall modify the plans on file to the extent necessary to identify and mark one parking space for each residential (condominium) unit, none of which shall be tandem spaces, and to reserve all valet parking spaces on the residential parking level for guests of Ritz Carlton residents. 15. The applicant shall retain the services of an archeological consultant who will be responsible for conducting an archeological survey and monitoring of all ground disturbing activity, as well as subsequent recovery of artifacts; said consultant shall work at the discretion of the Miami -Dade County Archeologist and shall provide reports to both that office and the City. 16. In lieu of the landscape mitigation plan approved by the Urban Development Review Board, the applicant voluntarily agrees to contribute $500,000 (the "Settlement Funds") to the Grove Tree Man Trust, Inc. The sum of Two Hundred Thousand Dollars ($200,000) shall be paid by the Owner no later than thirty-one (31) days after a full and final nonappealed building permit (this does not apply to the issuance of an excavation permit) (the "Building Permit Payment") is B 98-- 446 issued pursuant to the MUSP Application. The sum of One Hundred and Fifty Thousand ($150,000) shall be paid by the owner to the Trust, no later than one (1) year after the date the Building Permit Payment is made. The remaining balance of One Hundred and Fifty Thousand Dollars ($150,000) shall be paid by the Owner to the Trust, prior to the issuance of a temporary or final Certificate of Occupancy, whichever is issued first. The Grove Tree Man Trust, Inc., has agreed to insure to spend the Settlement Funds as follows: that the Final Payment of One Hundred and Fifty Thousand Dollars ($150,000) of the Settlement Funds shall be placed in reserve, and from this reserve money may be used for the design of a Streetscape Plan (the "27th" Avenue Tree Planting Landscaping Plan") and shall be used for planting of trees on Southwest 27th Avenue between Tigertail Avenue and US-1. The Trust shall purchase trees with a warranty of three (3) years from planting. The Owner shall be entitled to review and approve the 27th Avenue Tree Planting Landscaping Plan, prior to installation. Owner agrees to support the Coconut Grove Civic Club's efforts to obtain appropriate City of Miami and Miami -Dade County, Florida, approvals for improvement to S.W. 27th Avenue, which improvements shall consist of, but are not limited to curbs, gutters, swales and sidewalks between Tigertail Avenue and US-1. If said governmental approvals are not forthcoming within five (5) years from the date of City of Miami City Commission approval of the MUSP (April 28, 1998), then the Grove Tree Fund Trust, Inc. may use the referenced One Hundred and Fifty Thousand Dollars ($150,000) for tree planting within other areas in Coconut Grove which is bounded by Biscayne Bay on the east, Rickenbacker Causeway on the north, US-1 on B-8 38- 446 the north and west and the City of Miami limits on the west and south. THE CITY SHALL: Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (30) days from the date of its issuance with the issuance date constituting the commencement of the thirty (30) day period to appeal from the provisions of the Permit. The Ritz Carlton Project, proposed by the applicant, Grove Miami Holdings, Inc. ("Applicant"), complies with the Miami Comprehensive Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and it is further found, pursuant to Section 1703 of Zoning Ordinance No. 11000, that: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and B-9 98- 446 (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs, lighting, utilities, drainage and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing individual building permits and Certificates of Occupancy. B_10 98- 446 EXHIBIT "Co THE RITZ-CARLTON HOTt.. ANv CONDOMINIUMS PROJECT SUMMARY JANUARY,1998 The following data summarizes the maximum development allowed at The Ritz -Carlton Hotel and Condominiums, pursuant to O (Office District) Zoning Guidelines with, SD-17 overlays. (O/SD-17 Determined by City of Miami Planning Department as overriding overlay). The northern edge of the site is zone R-3, SD-17 overlay. A. DEVELOPMENT POTENTIAL 1. Street Frontage: 27th Avenue 754 LF Tigertail Avenue 518 LF 2. Net Lot Area 172,497 sf 3. Gross Lot Area 226,912 sf (5.2 acres) 4. Base F.A.R. Permitted: 1.72 �5. Additional F.A.R. for P.U.D. Bonus Permitted (20% Increasef. .344 6. Additional F.A.R. for Affordable Housing Fund Permitted (25% Increase): .43 7. Total F.A.R. Permitted (w/bonuses): 2.494 8. Maximum Development Area Permitted (w/bonuses): 653,917 s.f. (Including 88,000 s.f. of exemptions to FAR) 9. Maximum Development Area Provided: Proposed Hotel & Condominiums 620,077 s.f. 10.Open Space Required (15% Gross Lot Areas) 34,036 s.f. 11.Open Space Provided 50,331 s.f. 12. Maximum Building Footprint Permitted (40%) 90,764 s.f. 13. Building Footprint Provided (39.8 %) Proposed Hotel Condominiums - Phase II 89,371 s.f. 14. Required Set Backs by City of Miami: Required Provided Front (27th Avenue) 20'-0" 20'-0" Side Street (Tigertail Avenue) 20'-0" 20'-0" (Requested by Variance) Rear 10'-0" 10'-0" Max. Allowed Provided Building Height 220'-0" 220'-0" (22 Stories) (22 Stories) c-1 a12 0j s B. BUILDING AREA COMPUTATIONS 1. Total Gross Area (Excluding Balconies) 2. Hotel (1-15 floors) North Tower Condominium Hotel 16-21 floors) North Tower Condominium (2-21 floors) South Tower 3. Total Number of Condominium Units: 4. Condominium Breakdown: Total Parking Spaces Required (11 %) 3 Bedrooms 23 Units x 2 = (40%) 2 Bedrooms 83 Units x 2 = (49 %) 1 Bedrooms 102 Units x 1 = 5. 250 Hotel Room 250 x .5 = 6. Total Gross s.f. for Parking Garage (2 floors) 7. Total Number of Parking Spaces Required 8. Total number of Parking Spaces Provided Self Parking Valet Parking Total Parking Provided 9. Excess Parking 620,077 s.f. 269,285 s.f. 75,063 s.f. 275,629 s.f. 208 439 Spaces 46 Spaces 166 Spaces 102 Spaces 125 Spaces 245,850 s.f. 439 Spaces 469 95 564 Spaces 125 Spaces The 2nd floor roof areas serve as pool and recreation decks for the Hotel and Condominium guests. A smaller pool deck south of the Condominium Tower serves the Condominium guests. A garden area at the lobby level provides a visual accent for the lobbies and restaurants. A third level terrace serves as a gathering area for Hotel and Ballroom guests. Exterior Facilities include a swimming pool, garden and sun decks, with trellis and pavilion structures. Numerous courtyard areas create views and gathering areas throughout the ground floor and deck areas. All recreational areas are accessible from the towers by elevator in addition to grand stairs that connect the spaces. - - At the 2nd floor a health spa adjoins the pool deck including a fitness center, spa, steam and sauna rooms, Jacuzzi with access to the sun decks. Within the hotel are two restaurants, a lobby bar and a specialty bar. A small retail shop is provided. All are accessible to the hotel and condominium residents as well as the public through the hotel lobby. C-2 98- 446 PZ-4 PLANNING FACT SHEET APPLICANT Lucia Dougherty, Esq. for Grove Miami Holdings, Inc. HEARING DATE March 18, 1998. REQUESTILOCATION Proposal for a Major Use Special Permit for the Ritz Carlton Hotel and Condominiums Proposal located approximately on 3300 SW 27t' Avenue. LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office. PETITION Consideration of a Major Use Special Permit for the Ritz Carlton Hotel and Condominiums proposal to allow a first class 250 room hotel and a 208 unit luxury residential condominium development with accessory commercial space and 564 parking spaces. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval with conditions. See attached analysis. PLANNING ADVISORY BOARD Approval with conditions VOTE: 7-0 CITY COMMISSION N/A APPLICATION NUMBER 98-009 Item #2 ....................... ...................................... ----............... ....... ............................. ...................... ............................. ....... ............................. .. ...........: CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 ::........................................................... Da.te..033198.................................................................Page 1 98- 446 Analysis for a MAJOR USE SPECIAL PERMIT for the RITZ CARLTON HOTEL AND CONDOMINIUMS PROPOSAL located at 3300 S.W. 271h Avenue CASE NO. 98-009 The requested Major Use Special Permit is for the purpose of allowing the Ritz Carlton Project, a Planned Unit Residential Development project consisting of a total of 250 hotel rooms and 208 residential units to be accommodated within two twenty-two story towers, with accessory commercial space and 594 parking spaces for the property located at approximately 3300 S.W. 27`h Avenue within the Coconut Grove area (see attached legal description, location maps and aerial photographs for exact property boundaries). The requested Major Use Special Permit also encompasses the following lower ranking permits: SPECIAL EXCEPTION per Article 9, Section 906.7.3 for Bar/saloon and/or tavern; SPECIAL EXCEPTION per Article 9, Section 906.7.3 for valet service to a hotel inclusive of a Class I for valet service for residential component of the application; CLASS II SPECIAL PERMIT per Article 6, Section 617 for development within the SD-17 Zoning District; _ CLASS II SPECIAL PERMIT for waiver of certain Miami -Dade County Landscape Code guidelines; CLASS II SPECIAL PERMIT for reduction of parking stall width when adjacent to a solid (wall/column) structure and for backup space reduction from 23 feet to 22 feet (Parking Guides and Standards); CLASS II SPECIAL PERMIT per Article 9, Section 906.7.3 for restaurant k I accessory to residential use; Page 1 of 4 • M CLASS I SPECIAL PERMIT per Article 9, Section 906.9 for a Pool/Spa and Recreational Area; CLASS I SPECIAL PERMIT per Article 4, Section 401 for permanent active recreational facilities within an R-3 District; Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for and inclusive of the subordinate permits referenced above. In determining the appropriateness of the requested Major Use Special Permit, the following findings have been made: • It is found that the proposed planned unit development project will benefit the City of Miami by creating a new luxury hotel for visitors, additional housing opportunities attracting new residents to the Coconut Grove area and additional employment opportunities for area residents. • It is found that the project is well -designed and concordant with the scale and character of the area. The project will enhance the subject property, which is presently developed in a haphazard manner, and will significantly improve the appearance of the area by enhancing the SW 271h Avenue and Tigertail Avenue corridors, contributing toward their proper function as principal gateways to the Coconut Grove Central Commercial District.. • It is found that the subject of the accompanying Special Exceptions, specifically those for the proposed valet parking and Bar/Lounge, are completely within the scope and character of the project given that it is a high density hotel and luxury residential project to be located along a major transportation corridor within Coconut Grove; such uses are linked to the success of a project of this nature. • It is found that the proposed Bar/Lounge is located in the complex's base or pedestal component thus allowing for easy access for residents and guests alike. • It is found that there is sufficient parking, including excess valet parking, in order to meet the foreseeable needs of the project. • It is found that appropriate provisions have been made to accommodate the expected queuing associated with valet services. • It is found that the driveways provided are appropriate in width and configuration to accommodate both stationary vehicles and through traffic without causing any undue spill -over onto the public right-of-way. Page 2 of 4 • It is found that, as proposed, the distribution of the valet parking spaces is not altogether appropriate; the residential spaces should be properly designated and kept separate from tandem valet parking spaces to be used for the commercial component of the complex or for the operation of the Hotel . • It is found that the Urban Development Review Board (UDRB) has recommended approval of the proposed project at its public meetings held on January 21, 1998 and March 11, 1998. • It is found that due to the property's location in an important archeological area, archeological monitoring shall be required prior to and during any ground -disturbing activities. • It is found that due to the up -rooting of all of the trees on the subject property, the landscape mitigation plan prepared by the applicant (planting plan dated February 2, 1998 and tree disposition plan dated February 19, 1998 prepared by Bradshaw, Gill & Associates) is acceptable to the City and shall be implemented prior to the issuance of a Certificate of Occupancy for the proposed project. • It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. Based on these findings, the Department of Planning and Development is recommending approval of the requested Special Exceptions as a component of a Planned Unit Development Project with the following conditions: 1. The approval of this Major Use Special Permit shall be subject to the recordation of the following documents prior to the issuance of any building permits for the proposed project: a. Unity of Title or covenant in lieu thereof providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. b. Development Order specifying that the Development Order runs with the land and is binding on the Applicant, it successors and assigns, jointly or severally. 2. The applicant shall submit a parking plan for construction employees and temporary parking arrangements for the existing building while the new building is under construction; said parking plan shall be subject to review and Page 3 of 4 6 approval by the Department of Planning and Development prior to the issuance of any building permits. 3. The applicant shall provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Public Works Department and the Department of Planning and Development. 4. The property shall be required to be replatted prior to the issuance of a building permit. 5. The applicant shall modify the plans on file to the extent necessary to identify and mark one parking space for each residential (condominium) unit, none of which shall be tandem spaces, and to reserve all valet parking spaces on the residential parking level for guests of Ritz -Carlton residents. 6. The applicant shall retain the services of an archeological consultant who will be responsible for conducting archeological monitoring of all ground disturbing activity, as well as the subsequent recovery of artifacts; said consultant shall obtain a scope of work from the Miami -Dade County Archeologist and shall provide reports both to that office and the City of Miami Preservation Officer. 7. The applicant shall implement the landscape mitigation plan on file with the Department of Planning and Development (planting plan dated February 2, 1998 and tree disposition plan dated February 18, 1998 prepared by Bradshaw, Gill & Associates) prior to the issuance of a Certificate of Occupancy for the proposed project. 8. This approval shall also be subject to all additional conditions specified in the Final Development Order for the project. Page 4 of 4 98- 446 t) so v N • :� a • ) sv x• f, �• �� t �, • f • r � zo xo � � 'Oyl1 s Tn s a s. JACKSON AVE s 7 a „ > s zaa n'• •'J� y\t�� • el C ' Q D �1 S� • SILDA GROVE = a •' • is n Is • 2' • ' e • /� • I t' s � i) P f ;p ��{is 8 J � • OI a n i r s t u • , .' � ,fir C a � '•, •A V E. RQ1ECT MIN +.. cx..•• Ts, a • = yin • z ; _ so JI 241 2!; x• LOT xQ I • ' _: M a 6 s V /l 1 D49 Rims sT.k 9 e aR A) :xis a I � LOT : • ,e � = x • GO , eP . P - ANGE ST z : • LJ zx n + �(• s 8 ` y'42 1 Ch 3',• i 7} •' � O N � 0 p 2 zs • F _ a zo QP o y 34 s, . s. S I U z ,•' •• e s GROVE \ z A V E. — -- —_ _ DILL ` ' ' « z) "• I �• TOWER Issi:•Ibs,stlsi Isolaj lJ , SUR GROVE. t i •,� I. •` i I �, TR. E CT.0 `fiI3 ,�23 \ _ LEMON x ( • l f s ° TREE VILLAGE ' ?ix �; •. �.. • ..... . 2 ' t I i Ci s' : •.. ::�.} ' . s 47 SD '�.HpA114 J 7:%ICi :t� :: I •x O „I s• a w .� • ti• s !I so P R h / TRAq A' , n� ��`'9i 2 4 (� Fp� OJE i �,�' Gp' POF' s �. o l ■ zo zs j�. MAYnIR Als i� \ �0' 2 �. W TgR a O -% � a I �� I w I • Herr • s = SOWN � � '�j UJ� � c «i I i •r ��� µtER � `� ��. 9 � mm000mo f 9 �' \� s I' e!e �• �� ' C'p'f' � ` t4'RNd1 C � 4 % G� � _ O \ ,o TR•A IVE a FAR p �q SAILBOAT ` O C` 41 DAY coc- cti �r b0 L E RESOLUTION PAB - 26-98 A RESOLUTION RECOMMENDING APPROVAL, OF A MAJOR USE SPECIAL PERMIT FOR THE RITZ CARLTON HOTEL PROJECT TO ALLOW A FIRST CLASS 250 ROOM HOTEL AND 208 UNIT LUXURY RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH ACCESSORY COMMERCIAL SPACE AND 564 PARKING SPACES SUBJECT TO ALL CONDITIONS AS SPECIFIED IN THE DEVELOPMENT ORDER AND CONDITIONS 1 -THROUGH 8 OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT MODIFYING CONDITION NO. FIVE (5) TO READ AS FOLLOWS: THE APPLICANT SHALL MODIFY THE PLANS ON FILE TO THE EXTENT NECESSARY TO IDENTIFY AND MARK ONE PARKING SPACE FOR EACH RESIDENTIAL (CONDOMINIUM) UNIT, NONE OF WHICH SHALL BE TANDEM SPACES AND TO RESERVE ALL VALET PARKING SPACES ON THE RESIDENTIAL PARKING LEVEL FOR GUESTS OF RITZ CARLTON RESIDENTS. HEARING DATE: March 18, 1998 ITEM NO. 2 VOTE: 7-0 ATTES tz�urles Slazyk, Assistan i ectorG Department of Planning and Development m m CITY OF MIAMI DEPARTMENT OF PLANNING AND DEVELOPMENT APPLICATION FOR MAJOR USE SPECIAL PERMIT IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS BE REQUIRED WHERE SPECIFIED USES AND/OR OCCUPANCIES INVOLVE MATTERS DEEMED TO BE OF CITYWIDE OR AREA -WIDE IMPORTANCE. THE CITY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMITS. (SEE ARTICLE 17 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) THE CITY COMMISSION SHALL REFER ALL APPLICATIONS FOR MAJOR USE SPECIAL PERMITS TO THE PLANNING ADVISORY BOARD AND TO THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT FOR RECOMMENDATIONS, AND MAY MAKE REFERRALS TO AGENCIES. BODIES, OR OFFICERS, EITHER THROUGH THE DEPARTMENT OF PLANNING AND DEVELOPMENT OR DIRECTLY, FOR REVIEW, ANALYSIS AND/OR TECHNICAL FINDINGS AND DETERMINATIONS AND REPORTS THEREON. (SEE SECTION1301.5 OF ORDINANCE 11000. AS AMENDED, THE ZOATNG ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) 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 CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. NOTE: THIS APPLICATION MUST BE TYPEKWITTE'!' AND SIGNED IN BLACK INK. of Grove `liami Holdings, Inc. Lucia A. Dougherty, on behalf hereby apply to the Director of the Department of Planning and Development of the City of Miami for approval of a Major Use Special Permit under the provisions of .Article 17 of the City of Miami Zoning Ordinance. Property Address: 3300 S.[,'. 27th Ave. Nature of proposed use (be specific): obtainment o: N` a j c r Use Special P e r i:. i t s, S p e c i a l sceptions, and Class I and II Permits as per attached E 'nIbit "A - APPLICATIO` MATERIALS I attach the follo%N in, in support and explanation of the application: fl: 1. T\\o ori'u'inal surveys. prepared h\ a State of Florida Rc'_1i1,tered Land Sur\c\ur %vithin oilc \car Irom the date i�fapplicatin. -lf lda\ it di)�Iosfn, o\\nCrship Of propcn\ co\'ered b\ application „nd di�'elosule of 111t,21.est ior111 (attach I i-ms 4-83 and -'a-83 to application). Pa_e10+2 98- 446 APPLICATION MATERIALS (continued) I attach the following in support and explanation of the application: k.k 3. Certified list of owners of real estate within a 375-foot radius from the outside boundaries of property (attach form 6-83 to application). C 4. Maps of the: a) Existing zoning designation. b) Adopted comprehensive plan designation for areas on and around the property. C 5. General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. 6. Concept Plan a) Site plan and relevant information per Section 1304.2.1d-h. b) Relationships to surrounding existing and proposed futures uses and activities, systems and facilities. per Section 1702.3.2a. c) How concept affects existing zoning and adopted comprehensive plan principles and designations; tabulation of any required variances, special permits, changes of zoning or exemptions, per Section 1702.3.2b. © 7. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). 8. Other (be specific): See Attached MUSP Application 11 9. Fee of `,' 30 , 000. 00. for the Major Use Special Permit. based on current fee schedule as set forth in Chapter 62 of the Code of the City of Miami, as amended. ❑ 10. .Additional fee of S for any required special permits, changes of zoning or variances set forth in chapter 62 of the Code of the City of Miami, as amended. Total Fee: S 3 0, 0 0 0 Signature rA \aIll e Lur, is A PeugheVt . Address 1221 Brickel l Avenue . Miami , r?. 331 31 11holle/Fax 579-0500 I5 79 7 1 7 Date 1-1\ V':_ APPR( 011A 1. (W I I II'; A1111 K A 110\ I S11:( IAI_ PCRNII I .Si l:A1_I: COV lS I of: VA ! \1 CII EI) R1 SUI t 11O\ Ill" I'l11. tiG\\11 CI I1 C'O\i\1;titilO\ :\\1) :\ DI.\ I 101"N11.\ 1 ORDIA AI 1 AU IED lilt RV rO \1'111C11 SK (II-IES Hit ( (1\DII lu\$ 1.\DFI\ \\ I II('11 I111C \7:A1011 USI- SI'i ('I:AI. PI R\ill V'I'IJ( \l'10\ I, :APPIZOA'lil) Il APPROVED BY T(IE CIII' COA1A11,)SlOV'. S.VI) RI:SOI.IIIION A1) Dl.\"i1 OI:I)I[I: S11\1.1.. I'PO\ i\Ic''. 11O\ I111_Iti'Oi. III: FRA\S\11VIL-D 1'0 1111. (MNI:1" t)R \I:TII( 1)L1a) \GI`\I AI Fill ADD!:1_S11 till ( If 11:1) AW A I 98 - 446 AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF MIAMI-DADE } Before me, the undersigned authority, this day personally appeared who being by me first duly sworn, upon oath, deposes and says: Lucia A. Dougherty 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 saveth not. STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant's Signature Lucia A. Dougherty �cl The foregoing instrument was acknowledged before me this �� day of 19 , by L u c i a A . - r tV who is personally,Known to me oravho has produced as identification and who did (did not) take an oath. Name: J Notary' Public -State of Florida,;= --- Commission No.: t'AR:SOL iZ GO`j �I"F '11�11LIC STAT' My Comm ission�Epg�,:, OWNER'S LIST Owner's Name Grove Miami Holdings, Inc. Mailing Address P.O. Box 311, Palm Beach, N.Y. Zip Code 33480 2700 Tigertail Ave., Apt. 304, Coconut Grove, FL 33133 Telephone Number. Legal Description: See attached Exhibit "B" Ov mer's Name Mailing Address 0 Zip Code_- Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Zip Code 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: Street Address Legal Description Street Address Street Address Lega; Description Legal Description 98-- 446 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See attached Exhibit 2. Owner(s) of subject rea! property and percentage of ownership. Note: 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 trusts, and/or any other interested parties, together with their addresses and proportionate interest. See attached Exhibit"C" 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 92, and (b) located within 375 feet of the subject real property. 7A Owner or A_ttorney for Owner LUCTa A. DOUGHERTY STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument «as acknowledged before me this day ofi=- 19 L, by L lJ C I A A. D 0 U G H E R T Y who is personally known to me Q�r who has produced as identification and who did (did not) take an oath. Name: i Notary Public -State of Florida ' Commission No. My Commission Expire�Ci/,', 771%kY SKA, VARLSCL CCNZALE7_ �TATE OF F: C'Ri';. Exhibit "A!' 3300 S.W. 27 AVE A.K.A. RITZ CARLTON HOTEL (ZONED O / SD-171o,� ,3 This application encompasses the following five (5) separate request for a MAJOR USE SPECIAL PERMIT: ■ Residential development in excess of 200 units, 208 proposed (Ordinance 11,000 as amended Article 17 section 1701(1). ■ Nonresidential uses involving in excess of two hundred thousand (200,000) square feet of floor area. (Ordinance 11,000 as amended Article 17 section 1701(2). -Development in excess of 500 parking spaces, 564 proposed. (Ordinance 11,000 as amended Article 17 section 1701(7). ■ Increase development bonus pursuant to section 914 of Ordinance 11,000 as amended (contribution to Affordable Housing Trust Fund - Ordinance 11,000 as amended Article 17 section 1701(8). ■ Planned Unit Development (Ordinance 11,000 as amended Article 17 section 1701(9) and Article 5 section 501(c). This Major Use Special Permit encompasses the following Special Exceptions: ■ Bar/saloon and/or tavern (Ordinance 11,000 as amended Article 9 section 906.7.3) ■ Valet service to a Hotel (Ordinance 11,000 as amended Article 9 section 906.7.3) ivo �•�� %� c. �� c /�+ss . �' •��'� ���'"�� v�'`' In addition to the Special Exception required the following Class I(s) and Class II(s) are included within this application: ■ Class I for pool/spa (Ordinance 11,000 as amended Article 9 section 906.6) ■ Class I for permanent active recreational facilities under the R-3 zoning district (Ordinance 11,000 as amended Article 4 section 401 98-- -446 Schedule of District Regulation under the R-3 zoning district Conditional Principal Uses 42) ■ Class II for development within the SD-17 district (Ordinance 11,000 as amended Article 6 section 617.3.1) ■ Class II for reduction of parking stall width when adjacent to a solid (wall/column) structure and for backup space reduction from required 23 ft to 22 ft (Parking Guides and Standards). G Ia 5- s 3t" t-*Iz r Le S1*4 r ow fA.& s- "b ke_. 4 e,+•* t NOTES: L O r4 . l l a -001 &1 s M.. -04-464k p.A.-C < 17-9 � 4 a ( •7. 3) . ■ Subject to re -plat of lands and vacation of right of way. ■ Loading berths provided shall be a min of (1) 12 x 55 x 15ht minimum and (4) 12 x 35 x 15ht min provided on site. ■ The site analysis chart depicts a count of 667 parking spaces, however the actual count inclusive of valet parking spaces is 564. ■ All residential unit shall meet the minimum square footage as setforth in Ordinance 11,000 as amended Article 25 section 2501 under the definition of dwelling unit) M. Tower(s) height shall not exceed a maximum of 220 ft from the crown of South Bayshore Drive (Ordinance 11,000 as amended Article 6 section 617.2.4) ■ The apparatus above the roof line has been determined to be decorative screening for building support equipment. Javier Carbonell January 30,1998 98- 446 f Exhibit C LEGAL DESCRIPTION Tract "A", "GROVE MOUNTAIN REPLAT", according to the Plat thereof as recorded in Plat Book 128 at Page 39 of the Public Records of Miami -Dade County, Florida; Lots 1 through 21, 40 through 42, 46 through 48, 54 and 55, AND Lot 45 lying East of Tract "A" of said "GROVE MOUNTAIN REPLAT";all a part of "DAY GROVE TERRACE", according to the Plat thereof as recorded in Plat Book 9 at Page 180 of the Public Records of Miami -Dade County, Florida; Together with all that portion of Greenwood Road lying Easterly of said Tract "A"; and Together with all that portion of Cornelia Avenue lying Easterly of the platted centerline bounded by Tigertail Avenue and SW 27th Avenue (Grapeland Boulevard) as shown on the plat of said "DAY GROVE TERRACE"; LESS those lands lying Northwesterly of a line lying 25.00 feet Southeasterly of and parallel with the centerline of Tigertail Avenue, AND LESS those lands lying Easterly of a line 50.00 feet Westerly of and parallel with the centerline of SW 27th Avenue (Grapeland Boulevard); AND LESS ALSO the area external to a circular curve having a radius of 5.00 feet concave to the Southwest and being tangent to a line 25.00 feet Southeasterly of and parallel with the centerline of Tigertail Avenue and a line 50.00 feet Westerly of and parallel with the centerline of SW 27th Avenue (Grapeland Boulevard). 98-- 446 GROVE MIAMI HOLDINGS, INC. a Florida corporation Name Bruce Fahey William K. Madden Martin G. Berger Tamara Jeanne Fisher John J. Quinn Tamara Jeanne Fisher Total MIA- ITEREM'925141 t%dO1'.DOC:1'28'9S EXHIBIT "C" No. of Shares Percentase 2,916 29.16% 1,667 16.67% 11667 16.67% 1,250 12.50% 1,250 12.50% 1,250 12.50% 10,000 100.00% MEM ZONING FACT SHEET Case Number: 1998-0092 16-Mar-98 Item No: 6 Location: 3300 SW 27 Avenue Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Grove Miami Holdings, Inc. Lucia A. Dougherty, Esq. P.O. Box 311 1221 Brickell Avenue Palm Beach, NY 33480 Miami, FL 33131 App. Ph: (305) 579-0500 Rep. Ph: (305) 579-0500 ext Rep. Fa (_} — ext Zoning: O Office SD-17 South Bay Shore Drive Overlay District Request: Special Exceptions as part of a Major Use Special Permit for the Ritz Carlton Hotel, listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 906.7.3, Accessory Convenience Establishment; uses permitted, to allow a bar/saloon and/or tavern and to allow valet service to a hotel. Recommendations: Planning and Development: Approval with conditions 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: CEB Action: History: Analysis: Please see attached. Zoning Board Resolution No: ZB 1998-0037 Zoning Board: Approval with conditions Comply Order by: Vote: 7 -0 98- 446 Analysis for a Special Exception component of a MAJOR USE SPECIAL PERMIT for the RITZ CARLTON PROJECT located at 3300 S.W. 27" Avenue CASE NO. 1998-0092 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for the Ritz Carlton Project has been reviewed to allow the following Special Exception as a component of a Major Use Special Permit: Special Exception per Article 9, Section 906.7.3 to allow a Bar/lounge within the project; and + - Special Exception per Article 9, Section 906.7.3 for valet service to a hotel. The requested Major Use Special Permit is for the purpose of allowing the Ritz Carlton Project, a Planned Unit Residential Development project consisting of a total of 250 hotel rooms and 208 residential units to be accommodated within two twenty-two story towers, with accessory commercial space and 594 parking spaces for the property located at approximately 3300 S.W. 27`h Avenue within the Coconut Grove area (see attached legal description, location maps and aerial photographs for exact property boundaries). The following findings have been made: • It is found that the proposed planned unit development project will benefit the city by creating new luxury hotel and housing opportunities for visitors and employees of the area as well as attracting new residents to the Coconut Grove area. • It is found that the subject of these Special Exceptions, specifically -valet parking and a Bar/Lounge, for the proposed project, are completely within the scope and character of the project given that it is a high density hotel and luxury residential project to be located along a significant parcel within Coconut Grove; such uses are linked to the success of a project of this nature. • It is found that the proposed Bar/Lounge is located in the complex's base or pedestal component thus allowing for easy access from residents and guests alike. • It is found that there is sufficient parking, including excess valet parking, in order to meet the foreseeable needs of the project. 98- 446 • It is found that appropriate provisions have been made to accommodate the expected queuing associated with valet services. • It is found that the driveways provided are appropriate in width and configuration to accommodate both stationary vehicles and through traffic without causing any undue spill -over onto the public right-of-way. • It is found that, as proposed, the distribution of the valet parking spaces is not altogether appropriate; the valet spaces should be kept on one level of the parking garage 'in order to separate residential parking spaces from nonresidential spaces. • It is found that the Urban Development Review Board (UDRB) has recommended approval of the proposed project at its public meetings held on January 21, 1998 and March 11, 1998. • It is found that due to the property's location, archeological monitoring shall be required prior to and during any excavating activities. • It is found that due to the elimination of all of the trees on the subject property, the landscape mitigation plan prepared by the applicant (planting plan dated February 2, 1998 and tree disposition plan dated February 18, 1998 prepared by Bradshaw, Gill & Associates) is hereby found acceptable to the City and shall be required to be implemented prior to the issuance of a Certificate of Occupancy for the proposed proj ect. • It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. Based on these findings, the Department of Planning and Development is recommending approval of the requested Special Exceptions as a component of a Planned Unit Development Project with the following conditions: - 1. The approval of this Major Use Special Permit shall be subject to the recordation of the following documents prior to the issuance of any building permits for the proposed project: a. Unity of Title or covenant in lieu thereof providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 98-- 446 b. Development Order specifying that the Development Order runs with the land and is binding on the Applicant, it successors and assigns, jointly or severally. 2. The applicant shall submit a parking plan for construction employees and temporary parking arrangements for the existing building while the new building is under construction; said parking plan shall be subject to review and approval by the Department of Planning and Development prior to the issuance of any building permits. 3. The applicant shall provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Public Works Department and the Department of Planning and Development. 4. The property shall be required to be replatted prior to the issuance of a building permit. 5. The applicant shall modify the plans on file to the extent necessary to eliminate valet parking spaces from one of the two parking levels thereby separating residential and nonresidential parking uses and leaving said level for residential parking only. 6. The applicant shall retain the services of an archeological consultant who will be responsible for conducting an archeological survey and monitoring of all ground disturbing activity, as well as the subsequent recovery of artifacts; said consultant shall work at the discretion of the Dade County Archeologist and shall provide reports both to that office and the City. 7. The applicant shall implement the landscape mitigation plan on file with the Department of Planning and Development (planting plan dated February 2, 1998 and tree disposition plan dated February 18, 1998 prepared by Bradshaw, Gill & Associates) prior to the issuance of a Certificate of Occupancy for the proposed project. 8. This approval shall also be subject to all additional conditions specified in the Final Development Order for the project. ! ! a Miami Zoning Board Resolution: ZB 1998-0037 Monday, March 16, 1998 Mr. Juvenal . Pina offered the following Resolution and move its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTIONS AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE RITZ CARLTON HOTEL, LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 906.7.3, ACCESSORY CONVENIENCE ESTABLISHMENT; USES PERMITTED, TO ALLOW A BAR/SALOON AND/OR TAVERN AND TO ALLOW VALET SERVICE TO A HOTEL FOR THE PROPERTY LOCATED AT 3300 SW 27 AVENUE LEGALLY DESCRIBED AS EXHIBIT "B" HEREBY ATTACHED; ZONED O OFFICE AND SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION PER PLANS ON FILE WITH A TIME LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND IT IS SUBJECT TO THE ATTACHED CONDITIONS FROM THE DEPARTMENT OF PLANNING AND DEVELOPMENT AS STATED IN EXHIBIT "A" HEREBY ATTACHED. Upon being seconded by Mr. Osvaldo Moran-Ribeaux, the motion was passed and adopted by the following vote: Mr. George Barket Ms. Gloria M. Basila Mr. Tucker Gibbs Ms. Ileana Hemandez-Acosta Ms. Christine Morales Mr. Osvaldo Moran-Ribeaux Mr. Paris A. Obregon Mr. Humberto J. Pellon Mr. Juvenal Pina AYE: NAY: ABSTENTIONS: NO VOTES: ABSENTS: Ms. Fernandez: Motion carries 7-0 Away Yes Abst Yes Yes Yes Yes Yes Yes 7 0 1 0 r Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1998-0092 Item Nbr: 6 98- 446 EXHIBIT "A" Based on these fi, ugs, the Department of Planning and Development is recommending approval of the requested Special Exceptions as a component of a Planned Unit Development Project with the following conditions: 1. The approval of this Major Use Special Permit shall be subject to the recordation of the following documents prior to the issuance of any building permits for the proposed project: a. Unity of Title or covenant in lieu thereof providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. b. Development Order specifying that the Development Order runs with the land and is binding on the Applicant, it successors and assigns, jointly or severally. 2. The applicant shall submit a parking plan for construction employees and temporary parking arrangements for the existing building while the new building is under construction; said parking plan shall be subject to review and approval by the Department of Planning and Development prior to the issuance of any building permits. 3. The applicant shall provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Public Works Department and the Department of Planning and Development. 4. The property shall be required to be replatted prior to the issuance of a building permit. 5. The applicant shall modify the plans on file to the extent necessary to eliminate valet parking spaces from one of the two parking levels thereby separating residential and nonresidential parking uses and leaving said level for residential parking only. 6. The applicant shall retain the services of an archeological consultant who will be responsible for conducting an archeological survey and monitoring of all ground disturbing activity, as well as the subsequent recovery of artifacts; said consultant shall work at the discretion of the Dade County Archeologist and shall provide reports both to that office and the City. 7. The applicant shall implement the landscape mitigation plan on file with the Department of Planning and Development (planting plan dated February 2, 1998 and tree disposition plan dated February 18, 1998 prepared by Bradshaw, Gill & Associates) prior to the issuance of a Certificate of Occupancy for the proposed project. 8. This approval shall also be subject to all additional conditions specified in the Final Development Order for the project. 9 8 -- 446 Exhibit "B" LEGAL DESCRIPTION Tract "A", "GROVE MOUNTAIN REPLAT', according to the Plat thereof as recorded in Plat Book 128 at Page 39 of the Public Records of Miami -Dade County, Florida; Lots 1 through 21, 40 through 42, 46 through 48, 54 and 55, AND Lot 45 lying East of Tract "A" of said "GROVE MOUNTAIN REPLAT';all a part of "DAY .GROVE TERRACE", according to the Plat thereof as recorded in Plat Book 9 at Page 180 of the Public Records of Miami -Dade County, Florida; Together with all that portion of Greenwood Road lying Easterly of said Tract "A"; and Together with all that portion of Cornelia Avenue lying Easterly of the platted centerline bounded by Tigertail Avenue and SW 27th Avenue (Grapeland Boulevard) as shown on the plat of said "DAY GROVE TERRACE"; LESS those lands lying Northwesterly of a line lying 25.00 feet Southeasterly of and parallel with the centerline of Tigertail Avenue, AND LESS those lands lying Easterly of a line 50.00 feet Westerly of and parallel with the centerline of SW 27th Avenue (Grapeland Boulevard); AND LESS ALSO the area external to a circular curve having a radius of 5.00 feet concave to the Southwest and being tangent to a line 25.00 feet Southeasterly of and parallel with the centerline of Tigertail Avenue and a line 50.00 feet Westerly of and parallel with the centerline of SW 27th Avenue (Grapeland Boulevard). cudtNG 30AeJd ACTION 019 PETITION FOR SPECIAL 2 CEpTION I move "at the request on agenda itw (grantee. .n that the requirements of b• (denied) not) satisfied by relevant evidence in the ;record of (were) ) (were hearing• a public n) as stated in the City's findings of fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: ----------------------------------------------------------------- The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2303, (have) (have not) been met. Circle aonrooriate conditions 13 .1 Inaress and caress. Due consideration shall be given to adequacy of ingress and *green to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. 1303.2 Offstsest ParkinsParkiav ands Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference► to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 1305.3 ff��ice�. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored; and to the scanner and timing of refuse collection and deliveries, shipments, or other service activities, as such natters relate to tho location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Si��li�t�. Due consideration shall be given to the number, size, character, location and orientation of proposed signs, and of proposed lighting for signs and prm�ises, with particular reference to•traf gic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 98- 446 1303.3 utilities._ to consideration shall be given with , utilities required, .ocular reference to availability and capacity of systems, location of connections, and potentially adverse propertyce or other and the character adverse of the ectare:. on adjoining and nearby 1305.6 Drains Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. where major drainage voluswe appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundWates supply on the property, meaasusuress..temporaryretention with gradual discharge, or other remedial measures. 1303.7 Preserratiom of natural featerr. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.9 Control df meteatially advm� effeatm - i�•_ in addition to consideration of detailed elements indicated above, as appropriate to the pastieulas Chem or kind of special Parsit mad the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby psopnnies, the ", the neighborhood, or the City, of the use at occupancy as proposed, or its location, construction, design, chasecter, scale or manner of operation. Mbare such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such specs, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimised to the maximum extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which Will avoid substantial depreciation of the value of nearby Property. 1�1at ate item CITY OF NIIAMI OFFICE OF HEARING BOARDS APPLICATION FOR SPECIAL EXCEPTION 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 ACTTVITiES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (NIIANU CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. ss****sss*s**ss*s*ss**sss*s*ss****ssssss****sssss****ss*s**ssssss*s***s*******ss****s******s**** 'COTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary promote the general purposes of this Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatoryfor Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Department Planning and Development for his recommendations and the Director shall make any further referrals required by these regulations. on behalf of Grove Miami Holdings, Inc. 1, Lucia A. Dougherty, , hereby apply to the City of Miami Zoning Board for approval of a Special Exception for the property located at 3 3 0 0 S. W. 2 7 t h Ave. & 3350 S. W. 2 7 t h Ave. , folio number See Attached Exhibit � " . Nature of Proposed Use (please be specific): Special Exceptions for 1) Valet parking for hotel per Section 917.1.2; and 2 or a —Far re tauranopen—=o ec t ton 906.7 In support of this application, the following material is submitted. X 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. x 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing (as required) property boundaries, existing (if any) and proposed strueture(s), parking, landscaping, etc..; building elevations and dimensions and computations of lot area and building spacing. 98- 446 X 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached to application). X 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. x 5. At least two photographs that show the entire property (land and improvements). x 6. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. x 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). x 8. Fee of $ . - 0 - Zoning Ordinance: MUSP Application to apply toward the cost of processing according to Section 62-156 of the SpecialException...............................................................................................$ 800.00 Special Exception requiring automatic city commission review.......................$2,000.00 Extension of time for special exception.............................................................$ 500.00 Public hearing mail notice fees, including cost of handling and mailing per notice.........................................................................$ 3.50 Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property. Signature ( j/ I Name Lucia A. Dougherty Address 1221 Brickell Avenue Miami, FL 33131 Telephone 305-579-0500 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this ��� day of 19_ag , by Lucia A. Dougherty , ; E s q . who is personall3kJgfiown to me or who has produced as identification and who did (did not) take an oath. Name: OFFICIAL NO Y SEAEJ R G ZALEZ NO Public- STATE OF FLORIDAI Commission N : COMMISSION NO. CC403667 My CoininisSiol 112Q%WISSION EXP. SEPT 1.7.199jl i STATE OF FLORIDA COUNTY OF MIAMI-DADE 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: *rt,►�***:*,►f�*,r***,►*,r*,►t#***s,►*,tstr*#**i�**�*,t�+►�**,r**�*tt**�et��*��ttet*t*R#ttes+e�*si*��stt**t►t���r�* STATE OF FLORIDA COUNTY OF MIANH-DADE The foregoing instrument was acknowledged before me this day of 19 , by partner (or agent) on behalf of a partnership. He/She 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: 98- 446 Exhibit "A" 01-4121-035-0210 01-4121-035-0261 01-4121-127-0010 01-4121-035-0370 01-4121-035-0270 01-4121-035-0120 01-4121-035-0140 01-4121-035-0290 01-4121-035-0300 01-4121-035-0310 01-4121-035-0060 98- 446 -OFF.17765M2805 • . THIS INSTRUMENT PREPARED BY: JOSEPH R. COLLETTI, ESQUIRE 3550 BISCAYNE BOULEVARD SUITE 610 MIAMI, FLORIDA 33137 (305) 576-2600 9 f R. S47 13 197 7 ALIG 225 l.-i: j.^ DOCSTFDEE 12 000. 00 SURTX Y, 000 . U0_ HARVEY RUVIN+ CLERK DADE COUNTY► FL WARRANTY DEED THIS INDENTURE, made this o�t`� ' day of August, 1997, BETWEEN HURCO PROPERTIES, N.V., a Netherlands Antilles Corporation, of the County of Dade, State of Florida, whose post office address is c/o Intermanagement Company, Inc., 28 West Flagler Street, Suite 301, Miami, Florida 33130, party of the first part, and GROVE MIAMI HOLDINGS, INC., a Florida Corporation, of the County of Dade, State o lg-rida, rWhospost office address is a'7 t?oni 'Trc ; I 4 n, Ulet49r! GQ 324 9party of the second part, WITNESSETH, that the said party of the first part, for and in consideration of the su;a of TEN ($10.00) DOLLARS, and other good and valuable considerations, to the first party in hand, paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, the second parties' heirs and assigns forever, the following described land, situate, and being in the County of Dade, State of Florida, to -wit: Lots 29 through 34 inclusive, of DAY GROVE TERRACE, according to the Plat thereof,, recorded in Plat Book 9, Page 180, of the Public Records of Dade County, Florida, and Lot 28, of DAY GROVE TERRACE, according to the Plat thereof, recorded in Plat Book 9, Page 180, of the Public Records of Dade County, Florida except that portion thereof described as follows: Begin at a point where the dividing line of Lots 27 and 28 of DAY GROVE TERRACE, intersects the westerly line of Cornelia Drive; then run southwesterly along the dividing line of Lots 27 and 28, of DAY GROVE TERRACE, a distance of 142.5 feet to a point where the dividing line of Lots 27 and 28 intersects the westerly boundary line of DAY GROVE TERRACE: thence run southeasterly along the westerly boundary of DAY GROVE TERRACE: said westerly boundary line being the westerly boundary line of Lot 28, of DAY GROVE TERRACE, a distance of 10 feet to a point; thence run northeasterly parallel to the dividing line of Lots 27 and 28 of DAY GROVE TERRACE to a point on the 1 �C: I T765QW6 westerly line of Cornelia Drive; thence run northwesterly along the westerly line of Cornelia Drive to the point of beginning. TAX FOLIO NUMBER: 01-4121-035-0210 SUBJECT TO: 1. Taxes for the year 1997 and subsequent years. 2. Conditions, limitations, reservations, restrictions, covenants, easements of record and applicable zoning ordinances but not so as to reimpose same. AND the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. Signe4-, ealed and delivered in th otesence of: SI Manuela PORRO PRINT SIGNATURE IGWURECJ Gabriella GUAITA PRINT SIGNATURE HURCO PROPERTIES, N.V., a Netherlands Antilles Corporation By: IOS JERMINI, Managing Director ( SEE ATTACHED PAGE FOR CERTIFICATE OF ACKNOWLEDGEMENT ) K 1 ROFF *EC. l 776572817 Prepared By and Return To: Janice L. Russell, Esq. Akerman, Senterfrtt & Eidson, PA One S.E. Third Avenue, 28th Floor Miami, FL 33131 D0J STFDEE 12r000.Q-" S'I!RTX 9y01-20.0-11 HARVEY RUVINt CLERK DADE COUNTY? FL THIS WARRANTY DEED made and executed this P/ day of August, 1997, by Coconut Grove Bank, a banking corporation organized and existing under the laws of the State of Florida, whose post office address is 2701 S. Bayshore Drive, Coconut Grove, Florida 33133 , hereinafter called the Grantor, to Grove Miami Holdings, Inc., a Florida corporation, whose post office address is /3 — 3 96 a'/V? 1 Z 7 AP t I -RR /G hereinafter called the Grantee. Mi'm 1FC_y P//+ 33 y sp WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, by these presents doeg grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, ail that certain land situate in Dade County, Florida, viz: Lots 40 and 55 of Day Grove Terrace, according to the Plat thereof, recorded in Plat Book 9, at Page 180, of the Public Records of Dads County, Florida, less the Easterly 15 feet thereof and also less that portion thereof lying Southerly, Southeasterly and Southwesterly of a line drawn parallel to and 10 feet Northwesterly, Northerly and Northeasterly from the Northwesterly, Northerly and Northeasterly right of way line of Cornelia Drive as shown on said Plat of Day Grove Terrace dedicated for street purposes. Folio No. 01-4121-035-0261 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; SUBJECT, HOWEVER to the following: 1. Conditions, reservations, restrictions, limitations and easements of record. 2. Applicable zoning ordinances. 3. Taxes for the year 1997 and subsequent years. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land, and that said land is free of all encumbrances except the matters herein -above mentioned to which the deed is made subject. The Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. 0 M HE'C:17765?228! 8 Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations. IN VV=SS WHEREOF the Grantor has signed and sealed these presents to be effective the day and year first written above. Signed, Sealed and Deliv In thtX-restnrve of, , PRINT 1; COCONUT GROVE BANK By: Name: A.D. Harrison, Jr. Title: Chairman and Chief Executive Officer PRL*7TNAMEOFWrrNESSBELOW: �:�pRPORgTF•_ 's STATE OF FLORIDASEAL) ss: COUNTY OF DADS ) �'" ••"'•••........•' The foregoing instrument was acknowledged before me this a-/ day of August, 1997, by A.D. Harrison, Jr, as Chairman and Chief Executive Officer of Coconut Grove Bank, on behalf of the Bank and who is personally known to me or who has produced (type of idrnuti_auon) as identification_ NOTAR PUBLIC, STATE OF FLO A 198045 T ( ` r w ,f � 14 Zo (Print, Type or Stamp Commissioned Name of Notary Public) 4,PRY P& OFFICIAL NOTA— Ry SEAL 2 l 6G S11V1A M Wo COMMISSION NUMBER CC524489 OFF\_C \O My COMMISSION EXPIRES �L FORDED rN o- u; ,4L RECORDS BOCK Or _: aCE COUNT"- FLOP DA. 2 H4R '�Ef -:,WIN 9 8 &AX cjx_. cOUR7 446 Return to: Pedro Martin. Esquire Greenberg Traurig 1221 srickell Avenue Miami, Florida 33131 This Instrument Prepared by: Erica L. English, Esquire rats, Earron, Squitero, Faust i serwan, P.A. 2699 South aayshore Drive, 7th Floor Miami, Florida 33133 Property Appraisers Parcel Identification (Folio) No- 01-4121-127-0010 97RZ92942 1997 AUG 29 12:1. DOCSTFDE£ 26,100.00 SURTX 17t57 .00 HARVEY KdVINt CLERK DADE COUNTY, FL *whose pLost office address is: SPECIAL WARRANTY DEED §aSo. Eayyglhsh, 7th-Floor Miami, FL 3�31�33 THIS SPECIAL WARRANTY DEED made this o o"— day of August 1997, between OCEAN GROVE TOWER, LTD., a Florida limited partnership* ("Grantor"), and GROVE MIAMI HOLDINGS, INC., a rlori a corporation, whose address -is Im &gez G,C. 3 3S1 po W I T N E S S E T H: THAT, Grantor, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other good and valuable consideration to it in hand paid by 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, lying and being in Dade County, Florida, to -wit: Tract A, of GROVE MOUNTAIN REPLAT, according to the Plat thereof, recorded in Plat Book 128, Page 39, of the Public Records of Dade County, Florida. LESS that portion more particularly described as follows: Begin at concrete monument marking the common corner of Lots 46, 11, 12 of said DAY GROVE TERRACE, and the Northeasterly corner of said GROVE MOUNTAIN REPLAT: The following three (3) courses are along the monumented boundary of GROVE MOUNTAIN REPLAT, Plat Book 128, Page 39, of the Public Records of Dade County, Florida: (1) Thence South 140 48' 36" East for 51.20 feet to concrete monument set by RLS #2408; (2) Thence North 870 44' 14" East for 25:'61 feet to concrete monument set by RLS #2408; (3) Thence South 140 48' 36" East for 66.59 feet to a point on the Northerly right-of-way of Greenwood Road whose radius bears South 200 15' 47" East for 224.27 feet; Thence Westerly along the arc of said curve having for its elements a central angle of 000 31, 32" and a radius of 224.27 feet for 2.06 feet to a point whose radius bears South 200 47' 19" East for 224.27 feet; thence North 130 51' 31" west for 66.99 feet along a line 25.00 feet East of and parallel to the Westerly boundary of Lot 45 of said DAY GROVE TERRACE, Plat Book 9, Page 180; thence South 870 51, 26" West for 25.53 feet along the common boundary between said Lot 45 and 46 of DAY GROVE TERRACE tc the Southwest corner of Lot 46; thence North 130 51' 31" West for 50.99 feet along the Westerly boundary of said Lot 46 to the POINT OF BEGINNING (hereinafter, the "Property"). Grantor covenants that the Property is free from all encumbrances made by Grantor, except as set forth in Exhibit "A" attached hereto and incorporated herein by this reference and Grantor does hereby bind Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Property to Grantee and Grantee's heirs, successors, and assigns, against every person lawfully claiming the Property, or any part thereof, by, througkl, or under Grantor, but not otherwise. 98-- 4460 Off. 171 T I N0692 REC. IN wiTtmss kAEREOF, Grantor has caused this Special warranty Deec to be executed the day and year first above written. Sigred, sealed and delivered in the presence of: 101—Alz sr=t .:-Pj A44� - 4;�� - -- -- - STA. E OF COU 4T: .OP OCEAN GROVE TOWER, LTD., a Florida limited partnership By: OCEAN GROVE TOMR, INC., a on,4 corporation, it so l en 7rt r . Q B Elisha ajj , President Address: 500 S. Ocean Blvd., #2109 Boca Raton, FL 33432 (CORPORATE SEAL) Tjpe foregoing Special Warranty Peed was acknowledged before me thi + day of August 199%, by ELISHA NAJJAR, as President of Ocean Grove Tower, Inc., at general partner of Ocean G ove Tower, Ltd., on behalf of the corporation and par��LLnership re pectively, personally known to me or who has produced `y , f. as ide-itification, and who ( ) did ( ) C-11d not take an oat.. Notary Pub is State f at Large My=ommiction Expires: is F'."., N Printed Notrys ignature 7 � : rcr. C` r:--w York Comaiseion No. � 98- 446 RFCI:1 TTT i M693 EXHIBIT "A" 1. Taxes for the year 1997 and all subsequent years. 2. Restrictions and easements shown on Plat recorded in Plat Book 128, Page 39. 3. Agreement for the Construction and Furnishing of Water and Sewage Facilities and Service by Miami -Dade Water and Sewer Authority recorded in Official Records Book 16339, Page 2927. 4. Covenant running with the land re: Improvements on Cornelia Drive recorded in Official Records Book 11381, Page 732. S. Memorandum of Agreement by Ocean Grove Tower, Ltd., a Florida limited partnership, as Owner, recorded October 3, 1995 in Official Records Book 16939, at Page 4649. 6. Resolutions recorded in Official Records Book 16989, Page 1612 and Official Records Book 16989, Page 1644. All recording references are to the Public Records of Dade County, Florida. 0 This instrument prepared by Louis L. LaFontisee, Jr. 3121 Commodore Plaza, Suite 301 Miami, FL 33133 OFF. 17 Ii 97R392935 1997 AUG 29 12:14 REC. T ( 1 WARRANTY DEED 50CSTPDEE 97942.00 SURTX 7►456.50 HARVEY RUVINY CLERK DADE CDUNTYr FL This Indenture made this �11 day of August, 1997, between Greg Gillingham a/k/a Gregg Gillingham, a single man* (hereinafter called "Grantor") and Grove Miami Holdings, Inc. a Florida corporation, whose address is IAA �/• 33 VPD (hereinafter called "Grantee"). WITNESSETH That the 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 of which 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: Folio No.: 01-4121-035-0120 01-4121-035-0140 Lots 18 through 21, of DAY GROVE TERRACE, according to the Plat thereof, as recorded in Plat Book 9, Page 180, of the Public Records of Dade County, Florida. 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. Subject to taxes for the current year and subsequent years, conditions, restrictions, limitations, easements of record and applicable zoning ordinances. Grantee's Social Security Nos. /3 - 3 9lor;2 V gr 9 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Printed Name: SfeQ na Lc Fan T-ISee Greg Gillingham a/k/a Gregg Gillingham Address: 1889 Tigertail Avenue Coconut Grove, FL 33133 �J/ S A/ 77 cGrf�� *whose post office address is:Louis L. LaFontisee, Jr. State of Florida ) 3121 Commodore Plaza, Ste.3C County of Dade ) Miami, FL 33131 The foregoing instrument was acknowledged before me by Greg Gillingham a/k/a Gres-.; Gillingham. He is personally known to me or did produce as identification and did take an oath this a j day of August, 1997. ILEANA VIFONTISEE MyCa,�­—gn CC387405 '* * Bo—W Apr.d by AI 1998 80ide2-1555' NotaryPublic State of Florida ♦?�,�yllp 800-422-7555 Name of Notary =1e0na,_ La My commission expires: (NOTARIAL SEAL) c : -J[D IN pFF,C/AL RECORDS 800R - J1kL* COv.vrr, FLORIDA- .re CORD VERIFIED HARVEY RUV [] CLERK CIRCwr : UrRT v, 44 flEC ur.17771 Property Appraisers Folio Numbers: Parcel l: 014121-035-0370 97R392939 1997 AUG 29-12:14 Parcel 2: 014121-035-0270 Grantee's Tax Identification Number: / 3 - 3 9 t'o a �/*9 WARRANTY DEED (STATUTORY FORM -SECTION 689.02 F S ) THIS INDENTURE, executed this2�� day of August, 1997, by PEACOCK PROPERTIES, INC., a Florida corporation, Grantor* whose post office address is 13451 S W. 57th Court, Miami, FL 33156, to GROVE MIAMI HOLDINGS, INC., a Florida corporation. 00 whose post office address is: 127 Root Trail, Palm Beach, FL 33480, Grantee*, HARVEY RU 12r600LER �DADEURTX 9l4J0.FL HARVEY RWINr CLERK DAOE COtINTYt FL W ITNESSETH, That said Grantor, for and in consideration of the sum of Ten 00/100 (SI0.00) Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt where of 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: Parcel 1: Lots 41 and 42, less the Easterly 18 feet thereo! DAY GROVE TERRACE, according to the Plat thereof as recorded in Plat Book 9, at Page 180 of the Public Records of Dade County, Florida. and Parcel 2: Lot 54, less the Southwesterly 10 feet thereof; DAY GROVE TERRACE, according to the Plat thereof as recorded in Plat Book 9, at Page 180 of the Public Records of Dade County, Florida Subject to. Unpaid taxes for the year 1997 and subsequent years; zoning restrictions imposed by governmental authority; restrictions and matters contained in or appearing on the Plat or otherwise common to the subdivision; public utility easements of record. 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 context requires. 17" WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence. (arl� /f / PEACOCK PROPERTIES, INC Printname: c; Q C, lrJ B is D y Scott A. Silver, P esident '- •d _ Print name: l � T tit,; a aq G . � ,45NEE� : a�h� •%t`" STATE OF FLORIDA COUNTY OF DADS I HEREBY CERTIFY that the foregoing instrument was acknowiedged before me thi� day of August, 1997 by Scott A. Silver, President of PEACOCK PROPERTIES, INC., who is/are personally known to me er-+vke.ka94— prgaltrVeRd as identification and who did take an oath. WITNESS my hand and official seal in the County and State and on the date last aforesaid. My Commission Expires: , o�.a ►o Patricia C. Glasheea > •� Notary Public, Stan or iiorida , 4 � CommiaionNo.CC33134t i NOTARY PUBLIC, St eof orida ?or My Commission Expire 1 t!I iJ97� s..d<a � FL hoary seniee a This instrument prepared 11UCC<CUCCCKCCCCCKCK<KC[tlllttt[t<C<CtKC[l4rt Scott A. Silver, Esq. 3350 S.W. 27th Avenue Coconut Grove, FL 33133 ` �p OFF. 9 7 R384'7 12 1991 AijG 25 Ric. v ., 4r710.00 51,'RrY ?r' i?aRVLf RiJVINt CLEtiK DADE COUSlYr ? THIS INSTRUMENT PREPARED BY: GREGORY T. MARTINI, ESQ. Walton Lantaff Schroeder & Carson 2655 LeJeune Road, Suite 1101 Coral Gables, Florida 33134 RETURN TO: RICARDO L. FRAGA, ESQ. Greenberg, Traurig, et al. 1221 Brickell Avenue Miami, Florida 33131 Property Appraisers Parcel Identification (Folio) Number(s): 01-4121-035-b290 01-4121-035-0300 01-4121-035-0310 WARRANTY DEED THIS INDENTURE, made this day of August, 1997, between JOHN C.. SCURTIS, AS TRUSTEE under an unrecorded Land Trust Agreement dated as of January 1, 1990, of the County of Dade, in the State of Florida, party of the first part, and GROVE MIAMI HOLDINGS, INC. a Florida corporation, whose post office address is 4Z7Rc,T 7*6v, 11,o �esac/i �L. 33'/£'0 party of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars, to him in hand paid by party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors in interest and assigns forever, the following described land situate and being in the County of Dade and State of Florida, to -wit: Lot 45, less the West 25 feet thereof, and Lots 46 and 47, of DAY GROVE TERRACE, according to the Plat thereof, as recorded in Plat Book 9, at Page 180, of the Public Records of Dade County, Florida. SUBJECT TO: real property taxes for the current year and subsequent years; conditions, restrictions and limitations of record, however, this provision shall .not serve to reimpose conditions, restrictions and limitations which have been barred by operation of law; and applicable zoning ordinances. ( - 44C y REC. I I OJT ULDU'+ • And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of: [Printed ra= of Witness] [Printed Name of Witness] STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) r J SC TI , as Trustee V n unre ded Land Trust reement dated as of January 1, 1990 Address: P.O. Box 331428 Coconut Grove. Florida 33233 I HEREBY CERTIFY That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOHN C. SCURTIS, AS TRUSTEE under an unrecorded Land Trust Agreement dated as of January 1, 1990, the person described in and who executed the foregoing instrument, persona 7v_ known to me or who has produced as identification, and who did take an oath, and he acknowledged before me that he executed the same for the purposes therein expressed. IN WITNESS WHE EOF/, I ave hereunto set my hand and affixed my official seal at C- sr�n(PS , said County and State, this day of August, A.D. 1997. My Commission Expires: o te, ry aPu� ' c [Printe a of Notary Public] -2- RECORDED IN OFFICIAL RECORDS BOOK OF DUDE COUWTY, FLORID& RECORD VERIFIED HARVEY RUVIN C1p, I COURT 98- 446 qr . /81&2876 97R453946 1797 OCT 06 15:0 Property Appraisers Parcel Identification (folio) Number(s): O i - 41 a i' 033 " O 0 60 Grantee(s)S.S.# 0,E,1 `/3396a949 DDCSTPDEE 16►20(1.00 SURTX 12,150.[l HARVEY RUVIN► CLERK DADE COUNTYr FI This Warranty Deed made the 30th day of September, 1997, by, KITU INVESTMENTS, INC., a Panamanian Corporation, hereinafter called the grantor, to GROVE MIAMI' HOLDINGS, INC., a Florida Corporation, whose post office address is: I),l f-.-Tr.;'t Palm_ genran Fb�-,Aa 33,{20 hereinafter called the grantee. Witnesseth: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, -conveys and confirms unto the grantee all that certain land situate in Dade County, State of Florida, viz: Lots 1 through 9 and Lot 48 of DAY GROVE TERRACE, as recorded in Plat Book 9, at Page 180 of the Public Records of Dade County, Florida. LESS that part of Lots 1, 2, 3, 4, and 5 lying east of a line being 30.00 feet west of, and parallel with, the east lines of Lots 1, 2, 3, and 4 and their southerly extension thereof, all as shown on the Plat of DAY GROVE TERRACE, as recorded in Plat Book 9, at Page 180 of the Public Records of Dade County, Florida, and also all of the external area of a 5.00 foot radius arc concave southwesterly and being tangent to a line 30.00 feet west of, and parallel with, the east lines of Lots 1 and 2 of said DAY GROVE TERRACE, and tangent to a line 5.00 feet southeasterly of, and parallel with, the northwesterly line of said Lots 1 and 2 of said DAY GROVE TERRACE, and also the west 15.00 feet of the east 30 feet of Lot 48 of said DAY GROVE TERRACE. Less also the Northwesterly 5 feet of said Lots 1 through 9 and also less the East 15 feet of said Lot 48. Subject to conditions, restrictions, reservations, limitations, easements, zoning ordinances of record, and taxes for the year 1997 and subsequent years, but not reimposing same. 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. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrar..s the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1996. IN WITNESS WHEREOF, the said grantor has signed and sealed these 98- 4.46 OFF:1 �'81Sfr2871 presents the day and year first above written. Signed, sealed and delivered in the presence of: KITU INVESTMENTS, I C- WITNESS ETTORE M. NARDI ABB D President (� �'1 ✓, PRINTED SI NATURE POST OFFICE ADDRESS 33 ! 3Ll ?L- &'� A WITNESS 7'4-M4S Cif(4L4 57—/L PRINTED SIGNATURE STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, ETTORE M. NARDI ABBONDANZA, President of KITU INVESTMENTS, INC., a Panamanian Corporation, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of September, 1997. Notary Signature a,-- ( Printed Notarf Signature This Instrument Prepared by Gary R Marlin, Esg. 250 Catalonia Ave. Suite 303 Coral Gables, Florida 33134 czar a MAKM tw My Commi.ri.. CC32MO * * Eap"* Oa. 25,1007 Sowed br" ;"t.0� 80"22.15% � 2 98--. 449 PEA,81&2979 TRANSLATION MCDT PAGE: 1 The General Director of the Public Registry Office as per request - 027746 26/09/1997 CERTIFIES: ------------------------- --ThattheCorporation------------------------ KITU INVESTMENTS INC. is recorded at Volume- 1220 Page- 242 Entry- 113433 of the'Mercantile Section since the Twenty Third day of January of the year One Thousand Nine Hundred Seventy Six, Updated at Microjacket- 260081 Film- 35454 Frame- 31 Of the Microfilm -Mercantile- Section That the corporation is in Good Standing. That its Subscribers are: - 1 - EDUARDO ALFARO - 2 - ALEJANDRO FERRER STANZIOLA That its Directors are: 1- ETTORE M. NARDI ABBONDANZA 2- EZIO NARDI ABBONDANZA 3- MARIA DOLORES NARDI ARIZA 4- MONIQUE VALERIA NARDI PRIANO That its Officers are: PRESIDENT - ETTORE M. NARDI ABBONDANZA VICE-PRESIDENT - EZIO NARDI ABBONDANZA TREASURER - MONIQUE VALERIA NARDI PRIANO SECRETARY - MARIA DOLORES NARDI ARIZA ASSISTANT TREASURER - MARIA DOLORES NARDI ARIZA ASSISTANT SECRETARY - MONIQUE VALERIA NARDI PRIANO ' That its legal representative will be the President, and in his absence the Vice -President will replace him. That its Resident Agent is: ALFARO, FERRER Y RAMIREZ Capital Detail: The Social Capital is FIVE HUNDRED -500- SHARES WITHOUT PAR_ VALUE That its duration shall be perpetual That its domiciled is Panama Issued and signed in the city of Panama, the Twenty Ninth day of September of the year One Thousand Nine Hundred Ninety Seven, at 02-56-58.7 P.M. NOTE: This certification is not valid without the corresponding tax stamps. Tax Stamps affixed for... $14.00 Voucher N° 027746 Date- 26/09/1997 Signed: MIGDALIA DE VALDMESO, Certifier. Then: is a circular seal which reads: "Republic of Panama, Office of the Public Registry" boaring in its center the National Shield of the Republic of Panama. - ----------------------------------------------------------------- THE UNDERSIGNED, AN AUTHORIZED INTERPRETER, CERTIFIES THAT THE FOREGOING DOCUMENT IS A TRUE TRANSLATION OF THE ORIGINAL WRITTEN IN THE SPANISH LANGUAGE. Panama, September 29, 1997. 7�Fern?an er do raj A cE.+. s-ass. s "� C� INTERPR PUDLiCO °E`1 e8i&2P CORPORATE RESOLUTION CERTIFICATE I, ETTORE M. NARDI ABBONDANZA, President of KITU INVESTMENTS, INC., a Panamanian Corporation, hereby certifies that at a meeting of the Board of Directors and Shareholders of said corporation held at its office, on the 29th day of September, 1997, at which meeting all of the Shareholders either in person or proxy and all of the Directors were present and voting throughout, that the following Resolution, on motion duly made and seconded, was unanimously adopted by all the Shareholders and entered upon the regular minute book of said corporation, and is now in full force and effect: RESOLVED, That the Corporation is authorized to sell the property legally described as: Lots 1 through 9 and Lot 48 of DAY GROVE TERRACE, as recorded in Plat Book 9, at Page 180 of the Public Records of Dade County, Florida. LESS that part of Lots 1, 2, 3, 4, and 5 lying east of a line being 30.00 feet west of, and parallel with, the east lines of Lots 1, 2, 3, and 4 and their southerly extension thereof, all as shown on the Plat of DAY GROVE TERRACE, as recorded in Plat Book 9, at Page 180 of the Public Records of Dade County, Florida, and also all of the external area of a 5.00 foot radius arc concave southwesterly and being tangent to a line 30.00 feet west of, and i parallel with, the east lines of Lots 1 and 2 of said DAY GROVE TERRACE, and tangent to a line 5.00 feet southeasterly of, and parallel with, the northwesterly line of said Lots 1 and 2 of said DAY GROVE TERRACE, and also the west 15.00 feet of the east 30 feet of Lot 48 of said DAY GROVE TERRACE. Less also the Northwesterly 5 feet of said Lots 1 through 9 and also less the East 15 feet of said Lot 48. for the amount of $2,700,000.00 pursuant to the Contract For Sale And Purchase between KITU INVESTMENTS, INC. and GLIDER ASSOCIATES, INC., dated September 25, 1997, said Contract being subsequently assigned on September 29, 1997, to Grove Miami Holdings, Inc., a Florida Corporation. RESOLVED, that ETTORE M. NARDI ABBONDANZA, President, of KITU INVESTMENTS, INC., a Panamanian Corporation, is hereby authorized to execute all documents as are necessary in order to effectuate the transfer of the property pursuant to the contract referred to above. There being no further business the meeting was adjourned. IN WITNESS WHEREOF, I have hereunto set m,, hand and seal as President of said corporation and affixed the corporate seal this 29`h day of September, 1997. KITU INVESTMENTS, INC. BY: ETTORE M. NARDI ABBON NZA - Pre ident 4aEcow'"0' sotx 4 !!A!VEy RUVIN Ritz MUSP Inserts Insert to Number 7 of the Analysis for a Major Use Special Permit and Number 16 to Exhibit �_B__of tfl�MUSP�.� f Vfhe applicant voluntarily agrees to contribute $500,000 (the "Settlement Funds") to the Grove Tree Man Trust, Inc. The sum of Two Hundred Thousand Dollars ($200,000) shall be paid by the Owner no later than thirty one (31) days after a full and final nonappealed building permit (this does not apply to the issuance of an excavation permit) (the "Building Permit Payment") is issued pursuant to the MUSP Application. The sum of One Hundred and Fifty Thousand ($150,000) shall be paid by the Owner to the Trust, no later than one (1) year after the date the Building Permit Payment is made. The remaining balance of One Hundred and Fifty Thousand Dollars ($150,000) shall be paid by the Owner to the Trust, prior to the issuance of a temporary or final Certificate of Occupancy, whichever is issued first. The Grove Tree Man Trust, Inc., has agreed to insure to spend the Settlement Funds as follows: that the Final Payment of One Hundred and Fifty Thousand Dollars ($150,000) of the Settlement Funds shall be placed in reserve, and from this reserve money may be used for the design of a Streetscape Plan (the "27"' Avenue Tree Planting Landscaping Plan") and shall be used for planting of trees on Southwest 27"' Avenue between Tigertail Avenue and US-1. The Trust shall purchase trees with a warranty of three (3) years from planting. The Owner shall be entitled to review and approve the 27"' Avenue Tree Planting Landscaping Plan, prior to installation. Owner agrees to support the Coconut Grove Civic Club's efforts to obtain appropriate City of Miami and Miami -Dade County, Florida approvals for improvements to S.W. 27"' Avenue, which improvements shall consist of, but are not limited to curbs, gutters, swales and sidewalks between Tigertail Avenue and US-1. If said governmental approvals are not forthcoming within five (5) years from the date of City of Miami City Commission approval of the MUSP (April 28, 1998), then the Grove Tree Fund Trust may use the referenced One Hundred and Fifty Thousand Dollars ($150,000) for tree planting within other areas in Coconut Grove which is bounded by Biscayne Bay on the east, Rickenbacker Causeway on the north, US-1 on the north and west and the City of Miami limits on the west and south. MIAMUPARDOA/947713ft9d01 !.DOC/4/28/98 sS bm%rs'ed i��a -fie l.,61, 9S- 449