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Home My WebLink AboutApplication and Supporting DocumentsCity of Miami Planning Departn-rnt & Office of Zoning http://www.miamigov.comrplannint http://www.miamigov.comrzaning E-mai eplanp cr miamigov.com Planning (305) 416-1400 Zoning (305) 416-1495 Development Agreement Application Request Number PZ-23-15990 SUBMITTER INFORMATION First Name: Email: Iris escanui@gtlaw.com Last Name: Escarra PRIMARY APPLICANT INFORMATION First Name: Iris Corporation: Greenberg Traurig Adch-ess: 333 SE 2nd Avemie Last Name: Escana City: Miami State: Florida Tip: 33131 Email: escarrai@gtlaw.com Phone: (305) 579-0737 PRIMARY OWNER INFORMATION First Name: Corporation: RFD North 39 LLC Address: 645 Madison Avenue City: New York Email: escanui@gtlaw.com Last Name: State: New York Tip: Phone: (212) 266-6019 10065 PROJECT INFORMATION Project Name: Project Address: City: Master Folio Number. An-rnch rnt to Miami Design District Development Agreerrrnt 81 NE 39 ST Miami 0131240290020 State: Florida Unit Number. Tip: 33137 SIGNATURE That under the penalty of perjury, I declare that all the infomrtion contained in this permit application is accurate to the best of my knowledge. • That NO work or installation w> 1 connience prior to the issuance of a building permit and that all work w> 1 be perfomred to meet the standards of all laws regulating construction and zoning in this jurisdiction • I will, in all respects, perform work in accordance with the scope of the permit, the City of Miami's codes and all other applicable laws, regulations, standard and ordinances. • That all infomiition given will be accurate and that all work w]Il be done in compliance with all applicable laws regulating construction and zoning • That separate permits maybe required unless specifically covered with the submittal of this application. • That there may be additional permits required from other entities. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Permit fees are non-refundable APPLICANT OWNER / OWNER REPRESENTATIVE Fint Iris Name: Signature: Date: Last Escarra Name: 1/20/23 First Name: Alex RFD Signature: Last Name: Schapiro Date: 1/19/23 INDEX DEVELOPMENT AGREEMENT DOCUMENTS FOLDER: PZD-0 INDEX LIST PAP-1 APPLICATION FOR DEVELOPMENT AGREEMENT PZD-1 LETTER OF INTENT PZD-2 PRE -APPLICATION MEETING REPORT PZD-4 DEVELOPMENT AGREEMENT PZD-5 LEGAL DESCRIPTION & SKETCH PZD-6 LIST OF FOLIO NUMBERS PZD-7 DEEDS PZD-10 ANNUAL REPORT GT GreenbergTraurig January 18, 2023 Via ePlan Lakisha Hull City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 Iris V. Escarra Tel. 305-579-0737 Fax 305-961-5737 escarrai@gtlaw.com Re: Letter of Intent and Application for Amendments to Miami Design District Retail Street Special Area Plan, Rezoning, Modifications to Regulating Plan, and Development Agreement Property: 1/35 NE 40 Street, 27 NW 39 Street, 3925/3995 N Miami Avenue, 15/21/45/53/55/75/81 NE 39 Street, and 10/28/40/50/56 NE 40 Street, Miami, Florida / Dear Ms. Hull: Enclosed please find an application for a Special Area Plan Amendment for the Miami Design District Retail Street Special Area Plan (the "Application") for inclusion of the properties located at 1/35 NE 40 Street, 27 NW 39 Street, 3925/3995 N Miami Avenue, 15/21/45/53/55/75/81 NE 39 Street, and 10/28/40/50/56 NE 40 Street, Miami, Florida (collectively, the "Subject Property"). Please accept this correspondence as the letter of intent in support of the Application pursuant to Article 7, Section 7.1.2.8(a)(2) and Article 3, Section 3.9 of Miami 21. The Application requests a rezoning for the Subject Property from the current Miami 21 Zoning Designations to be subject to the Miami Design District Retail Street Special Area Plan (the "MDDRS SAP"). Properties within the MDDRS SAP are subject to the MDDRS SAP Regulating Plan (the "MDDRS SAP Regulating Plan") and Concept Book (the "Concept Book"), as adopted by Ordinance No. 14001 of the City of Miami. Please see Section I below for a timeline of the MDDRS SAP's history. The Application seeks to amend the MDDRS SAP Regulating Plan (the "Amended Regulating Plan"). The Application also seeks to amend the Concept Book (the "Amended Concept Book") pursuant to the revised sheets as prepared by Arquitectonica, and dated January 18, 2023. The Application also includes a rezoning request for a portion of the Subject Property, specifically the properties located at 3995 N Miami Avenue and 10/28/40/50/56 NE 40 Street which are to be rezoned from T5-O to T6-8-O. The entirety of the Subject Property has a Comprehensive Plan Designation of General Commercial and no Comprehensive Plan amendment is being requested. Please see the image below for the existing and proposed Zoning of the Subject Property. GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW ■ WWW.GTLAW.COM 3333 Southeast Second Avenue • Miami, FL 33131 • Tel 305-579-0500 • Fax 305-4579-0717 T4-L T)-O 4m nolram n = — cr —- T • r. SD 27.s -?7.9 Existing Zoning Letter of Intent Miami Design District Special Area Plan Amendment Proposed Zoning ESA for SAP properties I. THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN Originally adopted pursuant to Ordinance 13334 on July 26, 2012, the MDDRS SAP has continued the revitalization of the Design District. The MDDRS SAP has driven the resurgence of the Design District from its low point in the 1990s when crime and vacancies were at an all time high. The Design District, through the MDDRS SAP, has become a world class destination for food, shopping, fashion, and culture. Consisting of 15 blocks, the MDDRS SAP is one of the most successful Special Area Plans adopted by the City of Miami. Following its adoption in 2012, the MDDRS SAP was subsequently amended pursuant to Ordinance No. 13414 adopted on October 24, 2013, to add additional properties. Ordinance No. 13505, adopted on March 12, 2015, added properties to the MDDRS SAP. On April 28, 2016, Ordinance No. 13603 amended the MDDRS SAP to remove certain properties. The most recent amendment, pursuant to Ordinance No. 14001, adopted in May 2021, amended the MDDRS SAP Regulating Plan to allow for FLR and Density transfer within the MDDRS SAP for properties within the T6 Transect Zones. This Application would be the 5th Amendment to the MDDRS SAP. As more fully discussed below, the Application expands the MDDRS SAP from the current 22.56 acres to 25.22 acres. The Subject Property is contiguous with and abuts properties already located within the MDDRS SAP and the Application seeks to subject the Subject Property to the regulations of the MDDRS SAP. II. THE SUBJECT PROPERTY The Subject Property generally consists of the following: GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW ■ WWW.GTLAW.COM 2 Letter of Intent Miami Design District Special Area Plan Amendment • 1/35 NE 40 Street: located within Block 3 West under the MDDRS SAP, the properties located at 1 and 35 NE 40th Street are currently designated T5-O under Miami 21 (the "Block 3 West B Properties"). The Block 3 West Properties are more particularly described in the survey prepared by Biscayne Engineering and attached as Exhibit 1. The Block 3 West B Properties consist of 27,242 sq. ft. or 0.6 acres of Lot Area. The Block 3 West B Properties is contiguous with and abuts the property located at 42 NE 41 Street, a property located within the MDDRS SAP. As noted in the Amended Concept Book, the Block 3 West B Properties are designated as Block 3 West B and are subject to the applicable provisions for Block 3 West B as detailed in the Amended Regulating Plan. • 27 NW 39 Street: located within Block 2 West West under the MDDRS SAP, the property located at 27 NW 39 Street is currently designated as T4-L under Miami 21 (the "Block 2 West West Property"). The Block 2 West West Property is more particularly described in the survey prepared by Biscayne Engineering and attached as Exhibit 2. The Block 2 West West Property consists of 4,998 sq. ft. or 0.11 acres of Lot Area. The Block 2 West West Property abuts the properties located at 21 NW 39 Street to the East and 20 NW 39 Street to the South, both of which are located within the MDDRS SAP. • 3925/3995 N Miami Avenue, 15/21/45/53/55/75/81 NE 39 Street, and 10/28/40/50/56 NE 40 Street: located within Block 2 West under the MDDRS SAP, the properties located at 3925/3995 N Miami Avenue, 15/21/45/53/55/75/81 NE 39 Street, and 10/28/40/50/56 NE 40 Street are currently designated as T5-O and T6-12-0 under Miami 21 (the "Block 2 West Properties"). The Block 2 West Properties are more particularly described in the survey prepared by Biscayne Engineering and attached as Exhibit 3. The Block 2 West Properties consist of 83,496 sq. ft. or 1.9 acres of Lot Area. The Block 2 West Properties abut the properties within the MDDRS SAP to the East, South, and West. The Block 2 West Properties are further defined below: o 3925 N Miami Avenue and 15/21/45/53/55/75/81 NE 39 Street (the "Block 2 West T6-12 Properties" or "Block 2 West C Properties"): the Application requests that the Block 2 West T6-12 Properties be included within the MDDRS SAP and subject to the MDDRS SAP regulations for Block 2 West as contained within the MDDRS SAP Regulating Plan. As noted in the Amended Concept Book, the Block 2 West T6-12 Properties are designated as Block 2 West C and are subject to the applicable provisions for Block 2 West C as detailed in the Amended Regulating Plan. o 3995 N Miami Avenue and 10/28/40/50/56 NE 40 Street (the "Block 2 West T6-8 Properties" or "Block 2 West B Properties"): the Application requests that the Block 2 West T6-8 Properties be rezoned from the current designation of T5-O to T6-8 within the MDDRS SAP and subject to the MDDRS SAP regulations for T6-8 properties. As noted in the Amended Concept Book, the Block 2 West T6-12 Properties are designated as Block GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW ■ WWW.GTLAW.COM 3 BLOCKS EAST r__ 8LO5k, 6551 ls ilr�■Ural ,1,1 FP Id aLPDrtF Sr ISI� q# P NA eas t' Letter of Intent Miami Design District Special Area Plan Amendment 2 West B and are subject to the applicable provisions for Block 2 West B as detailed in the Amended Regulating Plan. �.1.1.T e.6051v57-31. The Subject Property and its location within the MDDRS SAP is generally depicted in the image below. Properties outlined in orange and blue are currently designated as within the MDDRS SAP, and the Subject Property, outlined in green, is being added to the MDDRS SAP through the Application. 171 Onglnal and First Amendment ElNew Let - second Amendment 1,11r1Pareela 39 and 40 removed pursuant to Third Amendment at SAP Parcels 65 to 81 added pursuant to PAU Fifth Amendment of SAP • • • 0• • • 0 0 ®,J 0 _ 0 • • 0 r GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW ■ WWW.GTLAW.COM 4 Letter of Intent Miami Design District Special Area Plan Amendment III. SPECIAL AREA PLAN GOALS The purpose of a Special Area Plan is to allow parcels greater than nine (9) Abutting acres in size to be master planned so as to allow greater integration of public improvements and Infrastructure, and greater flexibility so as to result in higher or specialized quality building and Streetscape design within the Special Area Plan. As previously noted above, the Subject Property currently abuts the MDDRS SAP properties in various locations. By amending the MDDRS SAP to include the Subject Property, it will allow for the Subject Property to be developed according to the MDDRS SAP Regulating Plan and Concept Book, providing for greater integration into the neighborhood by conforming to the regulations already established which have resulted in the rapid growth and revitalization of the Design District. The Subject Property has remained mostly vacant and has not been redeveloped while the abutting MDDRS SAP has experienced tremendous success. Inclusion within the MDDRS SAP will encourage redevelopment and extend the extremely successful Streetscape and Building design of the MDDRS SAP. The MDDRS SAP has resulted in some of the most unique and inspiring Building designs within the City of Miami, and an extension of the MDDRS SAP boundary to include the Subject Property will lead to future projects that will continue the MDDRS SAP's reputation as a culture and design destination within the City. Additional information regarding the Applications consistency with the Special Area Plan Goals as well as an analysis of compliance with the City's Miami Neighborhood Comprehensive Plan is included in the Application Analysis, uploaded to the Documents Folder. Public benefits associated with the Application are detailed in the Development Agreement and are to be determined during the review and approval process for the Application. IV. APPLICATION The Application seeks the following: (i) to add the Subject Property to the MDDRS SAP by process of Rezoning; (ii) to rezone the Block 2 West T6-8 Properties; (iii) conforming changes to the Regulating Plan; and (iv) approval of the development agreement. (i) Rezoning Request via Special Area Plan Specifically, as shown in the table below, the Application is requesting certain zoning changes pursuant to Article 7, Section 7.1.2.8(a)(2) and Article 3, Section 3.9 of Miami 21. No change in the Comprehensive Plan designations is being requested. GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW ■ WWW.GTLAW.COM 5 Letter of Intent Miami Design District Special Area Plan Amendment # Folio City of Miami Address Comprehensive Plan Designation Existing Zoning Proposed Zoning 1 01-3124-027-0210 1 NE 40 Street General Commercial T5-0 T5-0 and MDDRS SAP 2 01-3124-027-0180 35 NE 40 Street General Commercial T5-O T5-0 and MDDRS SAP 3 01-31124-021-0560 27 NW 39 Street General Commercial T4-L T4-L and MDDRS SAP 4 01-3124-029-0100 3925 N Miami Avenue General Commercial T6-12-0 T6-12-0 and MDDRS SAP 5 01-3124-029-0110 15 NE 39 Street General Commercial T6-12-0 T6-12-0 and MDDRS SAP 6 01-3124-029-0080 21 NE 39 Street General Commercial T6-12-0 T6-12-0 and MDDRS SAP 7 01-3124-029-0060 45 NE 39 Street General Commercial T6-12-0 T6-12-0 and MDDRS SAP 8 01-3124-029-0050 53 NE 39 Street General Commercial T6-12-0 T6-12-0 and MDDRS SAP 9 01-3124-029-0040 55 NE 39 Street General Commercial T6-12-0 T6-12-0 and MDDRS SAP 10 01-3124-029-0030 75 NE 39 Street General Commercial T6-12-0 T6-12-0 and MDDRS SAP 11 01-3124-029-0020 81 NE 39 Street General Commercial T6-12-0 T6-12-0 and MDDRS SAP 12 01-3124-027-0430 3995 N Miami Avenue General Commercial T5-0 T6-8-0 and MDDRS SAP 13 01-3124-027-0420 10 NE 40 Street General Commercial T5-0 T6-8-0 and MDDRS SAP 14 01-3124-027-0400 28 NE 40 Street General Commercial T5-0 T6-8-0 and MDDRS SAP 15 01-3124-027-0390 40 NE 40 Street General Commercial T5-0 T6-8-0 and MDDRS SAP 16 01-3124-027-0360 50 NE 40 Street General Commercial T5-0 T6-8-0 and MDDRS SAP 17 01-3124-027-0350 56 NE 40 Street General Commercial T5-0 T6-8-0 and MDDRS SAP The rezoning being requested will facilitate development of the City in context with the Comprehensive Plan because it will incentivize development within a Transit Corridor area. Such development near transit options is encouraged by various Comprehensive Plan Policies, Goals and Objectives including Goal TR-2 and Objective LU-1.3. The MDDRS SAP has utilized the mass transit options available to further its growth, and the inclusion of the Subject Property within the MDDRS SAP will only continue that growth and allow for the extension of the internationally recognized Design District to expand to parcels already located on Blocks within the MDDRS SAP, but not currently designated and subject to the MDDRS SAP Regulating Plan. This will continue the Streetscape and Design enhancements that the MDDRS SAP is known for throughout Block 2 West, Block 2 West West, and Block 3 West. The rezoning request maintains the current Miami 21 designations for the Block 2 West West, Block 3 West, and the Block 2 West T6-12 Properties. The Block 2 West T6-8 Properties are to be rezoned from T5-O to T6-8 and MDDRS SAP; however, a buffer is maintained for GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW ■ WWW.GTLAW.COM 6 Letter of Intent Miami Design District Special Area Plan Amendment surrounding properties as the Block 3 West Properties are buffered from the neighborhood to the North and West by T5-O properties. The requested rezoning will have no detrimental impact on the surrounding neighborhood as appropriate transitions of Density and Height are maintained between the Subject Property and the surrounding areas. In light of the foregoing, the proposed rezoning of the Subject Property from the current designation to inclusions within the MDDRS SAP is consistent with the scale and character of the structures and uses located in the vicinity of the Subject Property, will further contribute to and contribute to the revitalization of the area, is compatible with the established land use pattern in the area and the existing surrounding uses and structures. The proposed rezoning will allow the Subject Property to be transformed from underutilized land into a pedestrian oriented, mixed -use project subject to the MDDRS SAP regulations that meets the intent and goals of Miami 21 while maintaining an appropriate transition. (ii) Rezoning of the Block 2 West T6-8 Properties The Block 2 West T6-8 Properties are located between T5-O Transect Zones to the North and East, and T6-12-0 Transect Zones to the South. More specifically, the Block 2 West T6-8 Properties abut NE 40th Street to the North, N Miami Avenue to the West, and commercial properties to the East and South. The Block 2 West T6-8 Properties' location provides convenient access to varied transportation options, including N Miami Avenue leading directly to an I-195 on -ramp directly South of the Block 2 West T6-8 Properties. The Block 2 West T6-8 Properties are also conveniently located with Midtown just South of I-195 and Wynwood directly South of Midtown. As such, the requested rezoning of the Block 2 West T6-8 Properties is appropriate as the properties are well served by mass transit options and can accommodate the requested Density, the requested rezoning is in scale with the surrounding properties, and the rezoning maintains an appropriate transition between the higher Transect Zones to the South and East and the less intense Transect Zones to the North. (iii) Proposed Amendments To The MDDRS SAP In connection with the above rezoning requests, certain modifications to the MDDRS SAP Development Agreement, the Regulating Plan, and Concept Book (the "SAP Documents") are proposed. Below is a summary of the proposed amendments to the SAP Documents (the "Proposed Amendments"). • Updated MDDRS SAP Entities. Section 2.1 of the Regulating Plan has been updated to reflect the new entities included in the MDDRS SAP. • Article 1: General updates to definitions and to add Signature Tower definitions • Article 5: General updates to provide design flexibility and updates to relevant Illustrations • General updates to the Regulating Plan to address design items GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW ■ WWW.GTLAW.COM 7 Letter of Intent Miami Design District Special Area Plan Amendment (iv) Development Agreement: The Application includes the submittal of two (2) Development Agreements for review and approval by the City Commission. The first Development Agreement is an Amended and Restated Development Agreement by and between Norwegian Wood Acquisitions, LLC, Oak Plaza Associates (Del.) LLC, Jungle Plaza, LLC, 4200 Associates, LLC, Paradise Plaza Associates, LLC, Half -Circle Property (Del.) LLC, Lovely Rita Acquisitions, LLC, Uptown Girl Development, LLC, Sun King, LLC, Dacra Design 4141 LLC, MDDA Morning Dew, LLC, and Tiny Dancer Acquisitions, LLC, Delaware limited liability companies, and the City of Miami (the "MDDA Development Agreement"). 'this is an amendment to the most recent MDDA Development Agreement approved by the City Commission via Ordinance 14002 on May 27, 2021. The MDDA Development Agreement encompasses and regulates development over the entirety of the MDDRS SAP Area except for the Block 2 West and Block 3 West Properties, as identified herein. The Application also seeks the review and approval of a Development Agreement by and between RFD North 39 LLC, RFD North 40 LLC, RFD South 40 LLC, and the City of Miami (the "RFD Development Agreement"). The The purpose of the RFD Development Agreement is for the City to authorize the redevelopment of the Block 2 West and Block 3 West Properties, as identified herein, pursuant to the MDDRS SAP. The RFD Development Agreement will establish, as of the Effective Date, the land development regulations that will govern the development of the Block 2 West and Block 3 West Properties, thereby providing additional certainty during the development process. The RFD Development Agreement satisfies the requirements of Section 3.9.1(f), Miami 21. If you require any additional information or would like to discuss further this request, please contact me at 305-579-0578. Thank you for your attention to and favorable consideration of this matter. Iris V. Escarra, Esq. GREENBERG TRAURIG, LLP MI ATTORNEYS AT LAW 11 WWW.GTLAW.COM 8 ,INCA% A9AIAA IA 99 City of Miami Planning Department Pre -Application Meeting Summary Pre -Application Meeting ePlan ID.: PREAPP-22-0268 Tuesday, December 27, 2022 General Information Project Manager Name: Andrea Sandoval Title: Planner II Email: andreasandoval@miamigov.com Telephone No: 305-416-1059 Meeting Participants Meeting Attendees: Name Email Telephone number 1. Andrea Sandoval andreasandoval@miamigov.com 305.416.1059 2. Graham Jones gjones@miamigov.com 305.416.1453 3. Dombrowski, Brian A. dombrowskib@gtlaw.com 4. Alex Schapiro Alex@dacra.com 5. Kasdin, Neisen neisen.kasdin@akerman.com 6. Escarra, Iris Escarral@gtlaw.com 7. Amuial, Marissa marissa.amuial@akerman.com About the Property Proaerty Information: Applicant /Property Owner: RS JZ Contact Info: Escarral@gtlaw.com Owner Representative: Iris Escarra Contact Info: 3055790737 Commission District: D-5 (Commissioner Christine King) Neighborhood Service Center (f/k/a NET District): Wynwood/Edgewater Svc Area Properties involved: Miami Design District Retail Street Special Area Plan (MDDRS SAP) 1. 3995 N Miami Avenue 4. 28 NE 40 Street 7. 56 NE 40 Street 10. 55 NE 39 Street 13. 21 NE 39 Street 16. 35 NE 40 Street 2. 3925 N Miami Avenue 5. 40 NE 40 Street 8. 81 NE 39 Street 11. 53 NE 39 Street 14. 15 NE 39 Street 17. 51 NE 40 Street 3. 10 NE 40 Street 6. 50 NE 40 Street 9. 75 NE 39 Street 12. 45 NE 39 Street 15. 1 NE 40 Street 18. 61 NE 40 Street Rev. 5/19/2021 1 City of Miami Planning Department Pre -Application Meeting Summary Information to Review tor All Applications Do any of the properties involved fall within the following areas? (Select Yes/No) 1. A DRI area: No 3.An Historic designated area: No 5. A High Hazard Area: Yes 7. A CRA: No 9. Miami River: No 11. Little River: No 13. Regional Activity Center: Buena Vista Yards or Health District Regional Activity Center (DHRAC): No 2. Urban Central Business District : No 4. Residential Density Increase Areas: No 6. Edgewater Intensity Increase Area: No 8. Health/Civic Center District: No 10. Wellfield Protection Area: No 12. An Arch. or Environmental Protected Area: No If the answer to any of the above is yes, consider if there are any special considerations relative to the above. Submitting applications/pre-applications into ePlan, - Be mindful of the City's online checklists. These provide guidance as to specific requirements, especially important administrative requirements for successful applications. Important updates are made from time to time. Be sure to use the checklists that are accessed online and avoid saving checklists locally so that you avoid relying on outdated information. Become familiar with the naming conventions that are referred to on the checklists. Failure to comply with these naming conventions will significantly delay your application. Use the Pre -Application meeting time to ensure there is clarity on naming conventions. - Access information on checklists here: httbs://www.miamigov.com/Services/Buildinn- Permitting/Permitting-Forms-Documents About the Request Application Type(s) (List All): ■ Exception •Waiver •Warrant •Warrant Modification •Variance •Special Dist. Permit ■ Rezone 0 Special Area Plan ■ Future Land Use Map Change • Minor Modification ■ Temporary Use on Vac. Land • Interim Parking • MUSP Modification ■ Class II Modification ■ Special Appearance • Other, explain Rev. 2/1/2022 2 City of Miami Planning Department Pre -Application Meeting Summary I. Special Permit Request Detail Is project expected to involve 200,000 square feet of floor area or more? Yes If the answer to the above is yes, this project requires a referral to the Coordinated Review Committee. Pursuant to Appendix F, Section 3.9.1 General Unless a Building is specifically approved as part of the Special Area Plan, any Building equal to or greater than 200,000 sq. ft. shall be reviewed by the Planning Director, after referral to and recommendation from the CRC for conformance to the Plan, prior to issuance of the Building Permit. What are the zoning Transects for the subject project and the approximate area for each Transect? Transect Approximate Area Proposal (Use, Design, Other)* T5-O and T4-L 2.65 acres General Commercial Is there a site plan to review? No Covenant / Unity of Title Will a covenant or Unity of Title be proffered? No Comments from Disciplines Staff from City Departments have reviewed materials provided by the applicant for this Pre -Application Meeting. The Project Manager shall present all comments here, as applicable. NOTE: All comments are merely provided for consideration for an eventual application submittal and they do not construe any approval nor do they imply future approval. Department Comments Planning 1. Original MDDRS collaborators have been involved and supportive of this application. Department 2. Proposed MDDRS SAP amendment includes rezone of 6 parcels from TS-O to T6-8, and 1 parcel from T4 to T5-O. 3. Previous application for rezone of parcels from TS-O to T6-8 will be cancelled. 4. Please provide detailed information on LOI about rezoning requests and supportive arguments. 5. Arquitectonica team will be working on updating SAP Concept Book. 6. The following applications will be submitted in companion to the MDDRS SAP Amendment: a. Modifications to existing Development Agreement b. Creation of a new Development Agreement for new added parcels c. Regulating Plan and Concept Book updates d. Comprehensive Plan amendment for current T4 parcel 7. Additional comments will be provided upon review of a detailed re -submittal. The City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on additional information provided. Rev. 2/1/2022 3 City of Miami Planning Department Pre -Application Meeting Summary Additional Discussion and Special Recommendations —ALL REQUEST TYPES Additional Discussion Planner should detail any additional information discussed during the meeting here. Be sure to include any questions raised by the prospective applicant and any requests for additional information that may need to be provided after the conclusion of the meeting. During the PreApp application meeting, the applicant informed us that minor Design Regulations will be shared to City of Miami staff in about two weeks, this includes tweaks to the existing Regulating Plan. Special Recommendations Recommendations may include the provision of additional information from the prospective applicant, the application of additional permits, changes (i.e., in the event a prospective applicant has assumed a specific permit is needed to accomplish a desired outcome, if a different approach may accomplish the outcome, that information should be detailed here). Recommendations for correspondence from other agencies or neighborhood associations should be detailed here. Planner Certification of Pre -Application Meetinc. The signed copy of this form certifies that you, Iris Escarra, have attended a Pre -Application meeting to discuss your interest in an application for a Special Area Plan amendment to the Miami Design District Retail Street Special Area Plan for inclusion of the properties located at 1/35 NE 40 Street, 27 NW 39 Street, 3925/3995 N Miami Avenue, 15/21/45/53/55/75/81 NE 39 Street, and 10/28/40/50/56 NE 40 Street, Miami, Florida. If you are eligible for the permit you seek, you may qualify for a $250 credit toward the application fee if you submit your application within 90 days from your Pre -Application Meeting. Failure to submit that application within this time period will result in the forfeiture of any credit due to you from this meeting toward your application fees. Please note, neither your attendance to this meeting nor the comments here construe the City of Miami's approval of your request. Be sure to include this document with your application submittal to ePlan as your Pre -Application Form. If you have additional questions, please contact me at the email address listed on the front page of this document. The City of Miami looks forward to working with you on this application and we are happy to assist you in any way we can. Sincerely, 44 ec Sam6vaG Andrea Sandoval Planner II, Urban Design Division Rev. 2/1/2022 4 This Instrument Was Prepared By, Record and Return To: Iris V. Escarra, Esq. Greenberg Traurig, P.A. 333 S.E. 2nd Avenue Suite 4400 Miami, Florida 33131 **DRAFT** (Reserved) DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND RFD NORTH 39 LLC, RFD NORTH 40 LLC, RFD SOUTH 40 LLC, REGARDING APPROVAL OF THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN This is a Development Agreement ("Agreement") made this day of 2023 by and between RFD North 39 LLC, RFD North 40 LLC, RFD South 40 LLC, Florida limited liability companies (collectively, the "Developer"), and the City of Miami, Florida, a municipal corporation and a political subdivision of the State of Florida (the "City") (the Developer and the City are together referred to as the "Parties"). WHEREAS, the Developer is the owner of certain properties as more fully described in Exhibit A, attached and incorporated herein (collectively, the "Subject Property"); and WHEREAS, the Miami Design District (the "District") spans an area generally bounded on the east by Biscayne Boulevard, south by NE 38th Street, on the west by North Miami Avenue, and on the north by NE 40th Street; and WHEREAS, the District is an internationally recognized center for furniture design and a burgeoning home for the arts, high fashion, restaurants, and a center for creative employment; and WHEREAS, the status of the District is consistent with the City's vision to develop a world class destination for the arts, fashion, and design, and, as such, the City wishes to encourage redevelopment within the District; and WHEREAS, the development of multi -family residential housing and lodging uses within the District will complement existing retail and restaurants, encourage pedestrian Miami Design District SAP RFD Development Agreement activity, and provide additional housing and lodging options in the urban core proximate to local and regional transportation; and WHEREAS, a process exists within the City's zoning code ("Miami 21"), known as a "Special Area Plan" or "SAP," which allows parcels of more than nine (9) abutting acres to be master planned to allow greater integration of public improvements and infrastructure, and greater flexibility so as to result in higher or specialized quality building and streetscape design; and WHEREAS, on July 26, 2012, the City Commission approved the Miami Design District Retail Street Special Area Plan ("SAP") for a 19.08 acre area in the District under Ordinance 13334, and the City subsequently amended the SAP, which was subsequently amended; and WHEREAS, on the City Commission approved the fifth amendment to the SAP under Ordinance No. that added the Subject Property and the properties generally located at 27 NW 39 Street, and 3801/3819 N Miami Avenue to the SAP, as amended, increasing the total area to approximately 25.491 acres; and WHEREAS, Sec. 3.9.1 of Miami 21 requires development within the SAP to occur pursuant to a recorded development agreement between the property owner(s) and the City; and WHEREAS, the City and Developer wish for development of the Subject Property to proceed in a manner consistent with the Miami Comprehensive Neighborhood Plan ("Comprehensive Plan") and the City's land development regulations; and WHEREAS, the Developer seeks to have the Subject Property included within the SAP and subject to the regulations applicable within the SAP and proffers this Development Agreement (the "RFD Development Agreement" or "Agreement") in accordance with the requirements of Section 3.9.1 of Miami 21; and WHEREAS, Chapter 163, Florida Statutes (2022), authorizes and provides for local governments to enter into development agreements with any person or entity having a legal or equitable interest in real property located within its jurisdiction; and WHEREAS, the RFD Development Agreement will govern development of the Subject Property; and WHEREAS, the City and Developer wish for development within the District to proceed substantially in accordance with the Miami Design District Retail Street SAP Regulating Plan and Design Concept Book, as modified on pursuant to Ordinance No. , both of which are attached as composite Exhibit "C" hereto and incorporated herein by reference ("Regulating Plan and Design Concept Book"); and WHEREAS, lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to 2 Miami Design District SAP RFD Development Agreement comprehensive planning; and WHEREAS, assurance to the Developer that they may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, the modifications identified above will ensure the continued vitality of the District, and provide additional employment opportunities for the neighborhood and region; and WHEREAS, the City Commission, pursuant to Ordinance No. , adopted , 2023 has authorized the City Manager to execute this Agreement upon substantially similar terms and conditions as set forth herein below, and the Developer has been duly authorized to execute this Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the Parties mutually agree and bind themselves as set forth herein: 1. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both Parties and thus adequate consideration for this Agreement. 2. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b) Words in the singular include the plural, and words in plural include the singular; (c) A pronoun in one gender includes and applies to other genders as well; (d) The terms "hereunder", "herein", "hereof', "hereto" and such similar terms shall refer to the instant Agreement in its entirety and not to individual sections or articles; (e) The Parties hereto agree that this Agreement shall not be more strictly construed against either the City or the Developer, as all parties are drafters of this Agreement; and (f) The recitals are true and correct and are incorporated into and made a part of this Agreement. The attached exhibits shall be deemed adopted and incorporated into the Agreement; provided however, that this Agreement shall be deemed to control in the event of a conflict between the attachments and this Agreement. 3 Miami Design District SAP RFD Development Agreement 3. Definitions. Capitalized terms which are not specifically defined herein shall have the meaning given in Miami 21. "Agreement" means this Development Agreement between the City and the Developer. "City" means the City of Miami, a municipal corporation and a political subdivision of the State of Florida, and all departments, agencies and instrumentalities subject to the jurisdiction thereof. "City Charter" means the municipal Charter of the City of Miami. "City Code" or "Code" means the City of Miami Code of Ordinances. "Comprehensive Plan" means the comprehensive plan known as the Miami Comprehensive Neighborhood Plan, adopted by the City pursuant to Chapter 163, Florida Statutes (2022), meeting the requirements of Section 163.3177, Florida Statutes (2022), Section 163.3178, Florida Statutes (2022) and Section 163.3221(2), Florida Statutes (2022), which are in effect as of the Effective Date. "Concept Book" means the Concept Book prepared by Arquitectonica, dated , and attached as Exhibit C. "County" means Miami -Dade County, a political subdivision of the State of Florida. "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three (3) or more parcels and such other activities described in Sections 163.3221(4) and 380.04, Florida Statutes (2022). "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. "Effective Date" means the date of recordation of the executed, original version of this Agreement. "Existing Zoning" is (a) Miami 21 Code, specifically including the Miami Design District Retail Street SAP Regulating Plan and Design Concept Book, and related modifications to the Transect designations of lots within the SAP Area, and (b) the provisions of the City Charter and City Code which regulate development, as amended, which together comprise the effective land development regulations governing development of the SAP. "Land" means the earth, water, and air, above, below, or on the surface and 4 Miami Design District SAP RFD Development Agreement includes any improvements or structures customarily regarded as land. "Land Development Regulations" shall be as defined in Chapter 62, Section 62-11 of the City Code of Ordinances and includes the City's Comprehensive Plan regulations and Miami 21. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a local government affecting the development of land. "Miami 21" also known as the Miami 21 Code means City Ordinance 13114 as amended, as amended through the Effective Date, which is the Zoning Ordinance of the City of Miami. "Property Interest" any ownership interest in any SAP Property. "Public Facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, streets, parking and health systems and facilities. "SAP Area" means the lots and properties which comprise the SAP as depicted on the boundary map and legal descriptions attached as Exhibit B and as depicted on Sheets A1.4 and A1.5 of the Concept Book. "Special Area Plan" or "SAP" refers to the Miami Design District Retail Street Special Area Plan, including the Regulating Plan and Concept Book. 4. Purpose. The purpose of this Agreement is for the City to authorize the Developer to redevelop the Subject Property pursuant to the SAP. This Agreement will establish, as of the Effective Date, the land development regulations that will govern the development of the Subject Property, thereby providing the Developer with additional certainty during the development process. This Agreement satisfies the requirements of Section 3.9.1(f), Miami 21. 5. Intent. The Developer and the City intend for this Agreement to be construed and implemented so as to effectuate the purpose of the Miami Design District Retail Street SAP, this Agreement, the Comprehensive Plan, Existing Zoning, and the Florida Local Government Development Agreement Act, s. 163.3220 - 163.3243, Florida Statutes (2022), all of which are applicable to this Agreement. 6. Legal Description of Land, Names of Legal Owners, Applicability. This Agreement only applies to the Subject Property, as identified and legally described in Exhibit A. The Subject Property's legal and equitable owners are listed along with the legal descriptions in Exhibit A. 7. Term of Agreement, Effective Date and Binding Effect. This Agreement shall have a term of thirty (30) years from the Effective Date and shall be recorded in the 5 Miami Design District SAP RFD Development Agreement public records of Miami -Dade County and filed with the City Clerk. The term of this Agreement may be extended by mutual, written consent of the Parties subject to public hearing(s), pursuant to Section 163.3225, Florida Statutes (2022). The Developer shall bear the advertising and related noticing costs of such public hearing(s). This Agreement shall become effective on the Effective Date and shall constitute a covenant running with the land that shall be binding upon, and inure to the benefit of the Parties, their successors, assigns, heirs, legal representatives, and personal representatives. 8. Zoning Permitted Development Uses, Building Densities and Intensities. (a) Miami Design District Retail Street SAP Designation. The City has designated the Subject Property as being located within the "Miami Design District Retail Street SAP" on the official Zoning Atlas of the City, pursuant to the applicable procedures in Miami 21. The Regulating Plan and Concept Book provide for any deviations from the underlying regulations of Miami 21. In approving the SAP, the City has determined that the uses, intensities and densities of development permitted there under are consistent with the Comprehensive Plan and the Existing Zoning. Deviations to the regulations in the City Code are articulated further in this Agreement. Where the standards in the Regulating Plan, Concept Book and/or Development Agreement are silent, the underlying Miami 21 standards and requirements shall apply. Any amendments to, or recission of, the underlying Miami 21 after the that negatively impact or downzone any portions of the Subject Property shall not apply. (b) Density, Intensity, Uses and Building Heights. As of the Effective Date and pursuant to the SAP, the density and intensity proposed for the SAP are permitted by the Existing Zoning and are consistent with the Comprehensive Plan. Adjacent and non -adjacent parcels within the SAP Area which have unutilized density or unutilized FLR, located within the T6 Urban Core transect zone ("T6 Properties") may transfer such unutilized density or unutilized FLR ("Remaining Aggregate Density or Remaining Aggregate FLR") to other T6 Properties within the SAP Area, provided however that each individual project on those T6 Properties must comply with the limits imposed by the SAP Regulating Plan and the Comprehensive Plan. Notwithstanding the forgoing, density and intensity shall be counted on an aggregate basis for all T6 Properties located within the SAP; such that the total aggregated density and intensity throughout the T6 Properties shall not surpass the aggregated as -of -right maximum (i.e. base) density and intensity permitted in the underlying T6 Properties. Aggregated density and intensity, as well as the Remaining Aggregate Density and Remaining Aggregate FLR will be tracked via an aggregated rights tracking sheet ("Tracking Sheet") and reviewed annually as 6 Miami Design District SAP RFD Development Agreement part of the Annual Review process as indicated in Section 19. ii. As of the Effective Date and pursuant to the SAP, the Uses proposed for the SAP are permitted by the Existing Zoning and are consistent with the Comprehensive Plan. iii. As of the Effective Date and pursuant to the SAP, the Heights proposed for the SAP are permitted by the Existing Zoning and are consistent with Miami 21 and the densities are consistent with the presently adopted Miami Comprehensive Neighborhood Plan (the "Comprehensive Plan"). iv. Nothing herein shall prohibit the Developer from requesting a change of zoning, pursuant to Article 7 of Miami 21, to increase the density or intensity of development permitted by the underlying Transect designation of that certain property forming part of the Miami Design District Retail Street SAP by amending the SAP and this Agreement. v. SAP Properties having an underlying transect designation of T6 Urban Core are eligible to transfer unutilized density or FLR between development sites, up to the maximums set forth in the Regulating Plan. This process is separate and apart from the Public Benefits Program set forth in Section 3.14 of Miami 21 and Section 3.14 of the Regulating Plan vi. The City's Comprehensive Plan currently permits the transfer of densities within certain specified areas s to permit densities in excess of the density limits set forth in a particular Future Land Use Map category. Nothing herein shall prohibit the Developer from requesting such density transfers within the SAP, in the event the City adopts Land Development Regulations related to the Transit Sheds or Transit Oriented Development areas. 9. Prohibition on Downzoning. (a) The Comprehensive Plan, this Agreement, and the SAP shall govern development of the Subject Property for the duration of the Agreement. The City's Laws and policies adopted after the Effective Date may be applied to the Subject Property only if the determinations required by Section 163.3233(2), Florida Statutes (2022) have been made after thirty (30) days written notice to the Developer and after a public hearing or as otherwise provided herein. (b) Pursuant to Section 163.3233(3), Florida Statutes (2022), this prohibition on downzoning supplements, rather than supplants, any rights that may vest to the Developer under Florida or Federal law. As a result, the Developer reserves the right to challenge any subsequently adopted changes to land development regulations which are in derogation of this Agreement on (a) common law principles including, but not limited to, equitable estoppel and vested rights, or 7 Miami Design District SAP RFD Development Agreement (b) statutory rights which may accrue by virtue of Chapter 70, Florida Statutes (2022). 10. Public Facilities. In the event that the Existing Zoning or the Comprehensive Plan requires the Developer to provide additional Public Facilities to address any deficiencies in levels of service at the time of obtaining the required building permits, the Developer will provide such Public Facilities consistent with the timing requirements of Section 163.3180, Florida Statutes (2022). The Developer shall be bound by the City impact fees and assessments in existence as of the date of recordation of this Agreement 11. Reservation of Land Dedicated for Public Purposes. As proposed in the Concept Book, as amended, a minimum of five percent (5%) of the Subject Property is reserved as land dedicated for a public purpose as a Civic Space Type as detailed in Section 3.9.1(e) of Miami 21. 12. Future Development Review. Future development within the SAP Area shall proceed pursuant to the process established in the Regulating Plan and Concept Book. The criteria to be used in determining whether future development shall be approved are consistency with the Comprehensive Plan, Miami 21, this Agreement, and consistency with the SAP, as applicable. 13. Environmental. The City finds that the redevelopment of the Subject Property will confer a significant net improvement upon the publicly accessible tree canopy in the area by providing trees at the Subject Property. The City and the Developer agree that the Developer will comply with the intent and requirements of Chapters 17 and 62 of the City Code, and Article 9 of Miami 21, by performing tree replacement as follows. (a) Off -site replacement trees. Notwithstanding the requirements of Section 17-6(e) of the City Code, where tree replacement within the Subject Property is not possible, the Developer may enter into an agreement with the City to perform tree replacement on public property in the following order of priority: (i) within the SAP Area's Open Space and Civic Spaces; (ii) within a one (1) mile radius of the SAP Area; or (iii) within any City park subject to approval by the City. The City further agrees to facilitate the permitting and planting of replacement trees on all publicly owned property within the SAP Area, within a one (1) mile radius of the SAP Area and within City parks. The Developer undertaking tree replacement off -site for any parcel of land within the SAP Area shall agree to water, trim, root, prune, brace, or undertake any other necessary maintenance as may be required by the Public Works Department for a period of not greater than thirty (30) days after installation. The Developer undertaking any off -site tree replacement further agrees to warrant each such off -site replacement tree for a period of one (1) year after the date of installation. (b) Subject Property tree installation, maintenance and guarantee. For all trees placed within the SAP Area, Developer placing such trees shall install any 8 Miami Design District SAP RFD Development Agreement needed irrigation and corresponding water meters to support the growth of trees located within the right-of-way. The Developer undertaking tree replacement for any parcel of land shall agree to water, trim, root, prune, brace, or undertake any other necessary maintenance as may be required for trees located within the SAP Area. The Developer undertaking any such tree placement within the SAP Area further agrees to warrant each SAP Area tree for a period of one (1) year after installation. (c) Tree installation. The tree replacement chart below shall be used to determine whether Developer has satisfied the tree replacement requirements for any particular parcel of land as set forth in Sec. 17-6.(a) of the City Code. The chart below shall replace and supersede Chart 17.6.1.1. in the City Code. Tree Replacement Chart Total diameter of tree(s) to be removed (sum of inches at DBH) Total inches of replacement DBH required (12' minimum tree height) 2"- 3" 2" 4"- 6" 4" 7"- 12" 8" 13"- 18" 12" 19"- 24" 16" 25"- 30" 20" 31"- 36" 24" 37"- 42" 28" 43"- 48" 32" 49"- 60" 40" To determine whether the replacement requirements have been satisfied, calculate the total sum in inches of the diameter of the trees removed. The size of the replacement trees diameter at breast height (DBH) must equal the total inches of replacement DBH set forth in the above chart. Diameter measurement shall be rounded up to the nearest inch. If the sum of the diameter of trees to be removed exceeds a total of 60 inches, the additional inches shall be added cumulatively from the top of the chart, down to the bottom of the chart, to calculate the number of DBH for replacement trees. (d) Tree species. The chart set forth below shall replace and supersede Chart 17.6.2.1. in the City Code. All other requirements set forth in Sec. 17-6.(b) of the City Code shall apply within the SAP Area. Required total DBH for replacement trees Required minimum number of species 22"- 40" 2 9 41"- 100" 4 Miami Design District SAP RFD Development Agreement 101" or greater 6 (5) Tree installation. Developer shall install trees opportunistically within the public right-of-way, subject, at all times, to approval by the Department of Public Works. 14. Connectivity and Activity within Public Right -of -Way. (a) Connectivity. A critical element to the success of the Subject Property within the SAP is the connectivity within the public right-of-way. The redevelopment of the Subject Property which may include below -grade and/or elevated connections will facilitate ease of access, minimize pedestrian and vehicular conflicts, and reduce traffic impacts by enhancing internalized traffic circulation, reducing off -site impacts, and expanding parking capacity within the District. The Developer recognizes that such connectivity and commercial usage may require approval of other governmental agencies such as Miami -Dade County. The City finds and determines that establishing such connectivity serves a public purpose, and further agrees to support the Developer's efforts to obtain any authorization to establish such below -grade and/or elevated connection where the approval of another governmental agency may be necessary. The City further finds that the authorization of such a connection below and/or above the public right-of-way shall in no way diminish access for firefighting apparatus or rescue and salvage operations; diminish traffic, transportation and circulation; or adversely impact the advancement of the safety, health, and general welfare within the City. Given the public benefits conferred upon the City through this Agreement, the provisions of Sec. 54-186 shall not apply to the Miami Design District Retail Street SAP. (b) Activity within the Public Right -of -Way. Notwithstanding the limitations set forth in Sec. 54-186 of the City Code, as amended, the City shall permit above -grade pedestrian bridges to extend beyond the base building line and into the public right-of-way as permitted by Public Works, following approval by SAP Permit. (c) Construction of encroachments within the Public Right -of -Way. The City finds that the encroachments proposed by the Developer do not unduly restrict the use of the public right-of-way and are an essential element in the construction of the vehicular underpass and/or overpass within the same rights -of -way. The adoption of this Agreement shall serve to satisfy the requirements set forth in Sec. 55-14(b) of the City Code. 10 Miami Design District SAP RFD Development Agreement Notwithstanding the requirements of Sec. 55-14(c) of the City Code, the City agrees to waive any and all claims to payment of a user fee in connection with the construction of the aforementioned encroachments within the public rights -of -way and the use of the same for both vehicular travel and public parking. Further, this Agreement shall satisfy the requirements of Sec. 55-14(d) of the City Code. In consideration for authorizing the construction of the aforementioned encroachments, the Developer further covenant to: (1) Maintain the below -grade and/or elevated vehicular under/over passes in accordance with the Florida Building Code and the City Charter and Code. (2) Provide an insurance policy, in an amount determined by the city's risk manager, naming the City as an additional insured for public liability and property damage. The insurance shall remain in effect for as long as the encroachment(s) exist within the right-of-way. Should the Developer fail to continuously provide the insurance coverage, the City shall have the right to secure similar insurance policy in its name and place a special assessment lien against the owner's abutting private property for the total cost of the premium. (3) (d) No City Placement of Communications Kiosks. In order to maintain the carefully planned and curated aesthetic of the SAP, the City shall not place or contract for placement any newsracks, communication kiosks, or similar interactive devices as described in Sec. 54-9(h) of the City Code, within the public right-of-way abutting properties located within the SAP. 15. Alcoholic Beverage Sales. Upon approval of this Agreement, the distance separation requirements pursuant to Chapter 4 of the City Code, shall not apply to the Subject Property from an Alcohol Service Establishment located either within the District or outside the District. Each Alcohol Service Establishment permitted at the Subject Property, exclusive of bona fide, licensed cafes, restaurants, and other establishments where the sale of alcoholic beverages is incidental to the principal use of the sale of food, shall be permitted pursuant to the requirements of the Miami Design District Street Regulating Plan, attached hereto as part of Exhibit "B", and any applicable provision of Chapter 4 of the City Code not in conflict with the provisions of this Agreement. 16. Valet Parking. The Developer may utilize the uniform valet system located within the District to service the Subject Property generally, or may seek its own valet permits. Notwithstanding the limitations set forth in Sec. 35-305 of the City Code, a maximum of two (2) valet permits may be issued for the operation of a valet parking 11 Miami Design District SAP RFD Development Agreement ramp on the same side of the block at the Subject Property. 17. Temporary/Special Events. (a) To the extent governed by the laws and regulations of the City of Miami, the City Commission hereby finds and agrees that the following special events constitute ancillary uses within the SAP and therefore do not require a temporary or special event permit: event banners, farmers' markets, grand openings, holiday sales, outdoor sales, ground breakings, neighborhood sales events, retail promotional events, tenant events, fundraisers and other similar events so long as the event will not exceed seventy five percent (75%) of the maximum permitted occupancy, inclusive of Open and Civic Space or (2,100) two thousand one hundred guests, whichever is less. Although no special or temporary event permit is required for the foregoing events, Developer and/or its tenants may, at their discretion, submit an application to the City of Miami Office of Film and Entertainment for such permit. The Office of Film and Entertainment shall review and process such application and issue special or temporary event permit(s), or other such permit as appropriate. Notwithstanding the above, for events which Developer and/or its tenant anticipates to exceed seventy five percent (75%) of the maximum permitted occupancy, inclusive of Open and Civic Space or (2,100) two thousand one hundred guests, whichever is less, the Developer, or its designee, must submit an application for a (i) temporary event permit or (ii) if such event requires a street closure, takes place on City Property, or alcohol will be served, a special events permit. Such application shall be submitted for review to the City of Miami Office of Film and Entertainment (or successor department, if applicable) no less than thirty (30) working days prior to the date of any such event. The City agrees to complete its review within thirty (30) working days of the submittal of the required application to ensure coordination of needed City services and avoid possible adverse impacts due to multiple events occurring within the immediate and surrounding area. Special and temporary events can take place any day of the week, regardless of mechanical rides. There shall be no limit to the number of special or temporary event permits that can be obtained in a calendar year. Each individual special or temporary event permit can be valid for up to fourteen (14) calendar days. In the event the City amends the process or mechanism to obtain temporary event permits or special event permits, the Developer may avail itself of such processes, while maintaining the benefits under this Development Agreement.. The City Commission further finds that the above -listed activities, which shall not exceed the maximum permitted occupancy of the Retail Street Project, will not: (i) substantially interrupt the safe and orderly movement of other traffic 12 Miami Design District SAP RFD Development Agreement contiguous to the special event; (ii) substantially diminish routine police service levels to the entire community; (iii) unduly interfere with the proper fire and police protection or ambulance service to areas contiguous to the special event as a result of the concentration of persons and vehicles; (iv) interfere with the movement of firefighting apparatus en route to an emergency call; and (v) present an unreasonable danger to the health and safety of the public. (b) Notwithstanding the requirements of Section 62-535, a Temporary Use Permit ("TUP") can be issued for a maximum of 3 years. A TUP can be extended annually by the zoning administrator for up to 10 years, thereafter further requests for extensions must be approved by the City Commission. Areas under a TUP shall not require parking. Requests for TUPs shall be accompanied by a hurricane preparedness plan to be reviewed and approved by the City's Building Department. (c) Food trucks shall be permitted to operate on private land within the SAP and the distance separation requirements set forth in Section 31-51(c)(4) of the City's Code of Ordinances shall not apply within the SAP. Food trucks and Food truck gatherings shall be permitted to park overnight and present at the same location up to seven days a week upon submittal of (i) a notarized letter of approval from a Developer Party and (ii) site plan approval via SAP permit; such Food truck or Food truck gatherings do not require a temporary event permit, special event permit or a temporary use permit. There is no limit to the number of Food truck gatherings that can occur monthly. Existing public restrooms within the SAP will generally satisfy the requirement to provide bathroom facilities for Food trucks and Food truck gatherings, unless additional bathrooms are found to be required in the site plan approval via SAP permit. Food truck operators will provide waste disposal for patrons and keep the area surrounding the Food truck(s) clear of waste and debris resulting from their services. 18. Public Benefits. (a) Civic Space. A minimum of 5% of the Subject Property will be reserved as Civic Space. (b) Civic and Open Space Improvements. The Developer will provide improvements to the Civic Space and Open Space at the Subject Property, conferring a benefit on the general public and patrons of the SAP Area. The 13 Miami Design District SAP RFD Development Agreement Developer shall strive to provide a minimum of ten percent (10%) of Open Space, but in no event less than six and a half percent (6.5%) of Open Space consistent with the requirements set forth in the Regulating Plan and Concept Book. Should the Open Space within the Subject Property within five (5) years of the Effective Date equal less than the aforementioned 10% goal, then the Developer shall make a cash contribution to the City's Public Parks and Open Space Trust Fund at the rate of $10.81 per sq. ft., as contemplated under Sec. 3.14.4(b)(3) o Miami 21, for the square footage comprising the difference between the 10% Open Space goal and the minimum requirement of 6.5% (c) North Miami Avenue. The Developer will activate the North Miami Avenue frontage at the Subject Property with an enhanced pedestrian experience including, but not limited to, direct pedestrian access, open spaces, or engaging facade treatments, as North Miami Avenue serves as the main North/South connector within the City. (d) Expansion of the District. The Developer is extending the highly successful District the West, expanding the high quality development for which the District is renowned. (e) Job Creation and Employment Opportunities. Generally, the Developer shall consult with local and state economic development entities regarding job training and job placement services for area City residents seeking employment opportunities with potential employers within the Subject Property. (f) Street Right of Way Improvements. Developer agrees to implement the non-standard right-of-way improvements adjacent to and abutting the Subject Property by replicating or complementing the street right-of-way improvements implemented elsewhere within the boundaries of the SAP. Developer agrees to construct and maintain, at its sole cost and expense, such non-standard improvements in order to foster a uniform aesthetic throughout the SAP. Redevelopment of the Subject Property will also require infrastructure improvements as required under the City Code. 19. Compliance With Fire/Life Safety Laws. The Developer shall at all times in the development and operation of the Subject Property comply with all applicable laws, ordinances and regulations including life safety codes to insure the safety of all Subject Property and City residents and guests. Specifically and without limitation, the Developer will install and construct all required fire safety equipment and water lines with flow sufficient to contain all possible fire occurrences. 20. Local Development Permits. The redevelopment of the Subject Property may require additional permits or approvals from the City and any division thereof. Subject to required legal process and approvals, the City shall make a good faith effort to take all reasonable steps to cooperate with and facilitate all such approvals. Such approvals include, without limitation, the following approvals and permits and any successor or analogous approvals and permits: 14 Miami Design District SAP RFD Development Agreement (a) Waiver(s), Warrant(s), Exception(s), Variances, or SAP Permits; (b) Subdivision plat and/or waiver of plat approvals; (c) Public Works approvals; (d) Street Vacations and Closures; (e) Covenant or Unity of Title acceptance and the release of any existing Unities, Covenants or Declarations of Restrictions; (f) Water and Sanitary Sewage Agreement(s); (g) Paving and Drainage Plans and Permits; (h) Tree Removal Permits; (i) Demolition Permits; (j) Environmental Resource Permits; (k) Miami -Dade (and if applicable, City) Transit approvals; (1) Federal Aviation Administration and Miami -Dade Aviation Department determination(s) and approval(s); (in) Right of Way Encroachment permits or licenses; (n) Miami Parking Authority approvals; (o) Building permits; (p) Certificates of use and/or occupancy; (q) Temporary Use permits (r) Stormwater permits (s) Temporary Fence permits (t) Maintenance of Traffic approvals; and (u) Any other official action of the City, County, or any other government agency having the effect of permitting /regulating development of the SAP Area. In the event that the City substantially modifies its land development regulations regarding 15 Miami Design District SAP RFD Development Agreement site plan approval procedures, authority to approve any site plan for a project in the Subject Property shall be vested solely in the City Manager, with the prior, written recommendation of the Planning Director. Any such site plan shall be approved if it meets the requirements and criteria of the Existing Zoning, the Comprehensive Plan and the terms of this Agreement. 21. Necessity of Complying with Regulations Relative to Development Permits. The Developer and the City agree that the failure of this Agreement to address a permit, condition, fee, term, license, or restriction in effect on the Effective Date shall not relieve the Developer of the necessity of complying with the regulation governing said permitting requirements, conditions, fees, terms, licenses, or restrictions. Pursuant to Section 163.3241, Florida Statutes (2022), if state or federal laws are enacted after the execution of this development agreement which are applicable to and preclude the parties' compliance with the terms of this development agreement, this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. 22. Consistency with Comprehensive Plan. The City finds that development of the SAP Area is in conformity with the Existing Zoning and is consistent with the Comprehensive Plan. In the event that the Existing Zoning or the Comprehensive Plan requires the Developer to provide additional Public Facilities to accommodate the redevelopment of the Subject Property, the Development will provide such Public Facilities consistent with the timing requirements of Section 163.3180, Florida Statutes (2022). The Developer shall be bound by the City impact fees and assessments in existence as of the date of obtaining a building permit, per Chapter 13 of the City Code, as amended. 23. Phased Development. The Developer and the City agree that the redevelopment of the Subject Property may be developed by multiple parties in multiple phases over the life of the Agreement. 24. Cooperation, Expedited Permitting and Time is of the Essence. The Parties agree to cooperate with each other to the full extent practicable pursuant to the terms and conditions of this Agreement. The Parties agree that time is of the essence in all aspects of their respective and mutual responsibilities pursuant to this Agreement. The City shall use its best efforts to expedite the permitting and approval process in an effort to assist Developer in achieving its development and construction milestones. The City will accommodate requests from Developer's general contractor and subcontractors for review of phased or multiple permitting packages, such as those for excavation, site work and foundations, building shell, core, and interiors. In addition, the City will designate an individual within the City Manager's office who will have a primary (though not exclusive) duty to serve as the City's point of contact and liaison with Developer in order to facilitate expediting the processing and issuance of all permit and license applications and approvals across all of the various departments and offices of the City which have the authority or right to review and approve all applications for such permits and licenses. 16 Miami Design District SAP RFD Development Agreement (a) Partial Temporary Certificate of Completion ("TCC") or Temporary Certificate of Occupancy ("TCO"). The City shall issue a Temporary Certificate of Completion or Temporary Certificate of Occupancy to any a unit(s) or premises within a Building which are complete as determined by passing the inspections necessary for a TCC or TCO, so long as the remainder of the Building meets all life safety conditions; or alternatively shall a Partial Temporary Certificate of Completion/Occupancy to that portion of the Building, so long as it meets all life safety conditions. (b) Notwithstanding the foregoing, the City shall not be obligated to issue development permits to the extent a Developer does not comply with the applicable requirements of the Existing Zoning, the Comprehensive Plan, this Agreement and applicable building codes. (c) To the extent allowed per the Florida Building Code, leased tenant spaces may receive individual interior permits separate from any master building permits. The permitting, construction, inspection and TCO or TCC of separately permitted tenant spaces may proceed in parallel and shall be independent from any master building permits. 25. Reservation of Development Rights. (a) For the term of this Agreement, the City hereby agrees that it shall permit the development of the Subject Property in accordance with the Existing Zoning, the Comprehensive Plan, Regulating Plan, Concept Book, and this Agreement. (b) Nothing herein shall prohibit an increase in the density or intensity of development permitted on the Subject Property in a manner consistent with (1) the Existing Zoning and/or the Comprehensive Plan, (2) any zoning change subsequently requested or initiated by the Developer in accordance with applicable provisions of law or (3) any zoning change subsequently enacted by the City. (c) The expiration or termination of this Agreement shall not be considered a waiver of, or limitation upon, the rights, including, but not limited to, any claims of vested rights or equitable estoppel, obtained or held by the Developer or its successors or, assigns to continued development of the Subject Property in conformity with Existing Zoning and all prior and subsequent approved development permits or development orders granted by the City. The City reserves its immunities, defenses and any claims it has as to vested rights or equitable estoppel. 26. Annual Review. (a) The Developer shall provide the City on an annual basis a status of the redevelopment of the Subject Property in order for the City to conduct an annual review of the Development. This requirement shall commence twelve (12) months 17 Miami Design District SAP RFD Development Agreement after the Effective Date and shall continue throughout the term. (b) During its annual review, the City may ask for additional information not provided by the Developer. Any additional information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. (c) Subject to the applicable terms and provisions of this Agreement, if the City finds on the basis of competent substantial evidence that the Developer intentionally, willfully or negligently failed to substantially comply with the terms, obligations, or conditions of this Agreement, the City may terminate or amend this Agreement after providing thirty (30) days written notice to the Developer unless cured by the Developer prior to the expiration of such thirty(30) day period; provided, however, that if such failure cannot reasonably be cured within thirty (30) days, the Developer shall not be in default if it measurably commences to cure such breach within such thirty (30) day period and diligently pursues the cure to completion. Any termination or modification of this Agreement shall not become effective until the City Commission approves same after holding two (2) duly noticed public hearings. 27. Notice. All notices, demands and requests which may or are required to be given hereunder shall, except as otherwise expressly provided, be in writing and delivered by personal service or sent by United States Registered or Certified Mail, return receipt requested, postage prepaid, or by overnight express delivery, such as Federal Express, to the Parties at the addresses listed below. Any notice given pursuant to this Agreement shall be deemed given when received. Any actions required to be taken hereunder which fall on Saturday, Sunday, or United States legal holidays shall be deemed to be performed timely when taken on the succeeding day thereafter which shall not be a Saturday, Sunday or legal holiday. To the City: City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 With copies to: City Attorney Miami Riverside Center 444 S.W. 2nd Ave., 9th Floor Miami, FL 33130 Department of Planning Miami Riverside Center 18 Miami Design District SAP RFD Development Agreement 444 S.W. 2nd Ave., 3rd Floor Miami, FL 33130 Department of Transportation Miami Riverside Center 444 S.W. 2nd Ave., 9th Floor Miami, FL 33130 To the Developer: RFD North 39, LLC c/o Guillaume Rousson 645 Madison Avenue New York, New York 10065 RFD North 40, LLC c/o Guillaume Rousson 645 Madison Avenue New York, New York 10065 RFD South 40, LLC c/o Guillaume Rousson 645 Madison Avenue New York, New York 10065 With copies to: Greenberg Traurig, P.A. Attn: Iris V. Escarra, Esq. 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 Any Party to this Agreement may change its notification address(es) by providing written notification to the remaining parties pursuant to the terms and conditions of this section. 28. Enforcement. The City, its successor or assigns, and the Developer shall have the right to enforce the provisions of this Agreement. Enforcement shall be by action at law or in equity against any parties or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. The Prevailing Party in any action or suit pertaining to enforcement of this Agreement shall be entitled to recover, in addition to costs and disbursements allowed by law or in equity, reasonable attorneys' fees and costs, as well as attorneys' fees and costs incurred in enforcing this prevailing parties attorneys' fees provision. 29. Modification. In accordance with the Concept Book and development plans, the redevelopment of the Subject Property may be developed in multiple phases. This Agreement may be modified, amended or released as to any phase, or any portion 19 Miami Design District SAP RFD Development Agreement thereof, by a written instrument executed by the, then, owner(s) of such phase provided that the same is also approved by the City Commission at two (2) publicly noticed hearings. Any application related to a particular phase, or any portion thereof, shall only require the consent, acknowledgment and/or joinder of the then owner(s) of such phase. In the event that there is a recorded homeowners, master, condominium and/or other association covering the property, any phase or any portion thereof, said association may (in lieu of the signature or consent of the individual members or owners), on behalf of its members and in accordance with its articles of incorporation and bylaws, consent to any proposed modification, amendment, or release by a written instrument executed by the association. Any consent made pursuant to a vote of an association shall be evidenced by a written resolution of the association and a certification executed by the secretary of the association's board of directors affirming that the vote complied with the articles of incorporation and the bylaws of the association. For purposes of this Agreement, references to "condominium association" or "association" shall mean any condominium or other association or entity, including master association, as applicable, which governs any portion of the Subject Property. 30. Signage. The redevelopment of the Subject Property will need to comply with all applicable Federal, State, County and City signage codes, rules, laws, orders, regulations, statutes, or ordinances. Permitted signage will accomplish the following goals: (i) moving pedestrians and vehicle traffic throughout the Subject Property safely and efficiently; (ii) promoting safe and efficient pedestrian traffic within the property; and (iii) properly identifying the Subject Property. The Signage Program will include, but is not limited to, the following sign types: (i) directional signage; (ii) hanging signage; (iii) wall signage; (iv) monument signage; and (v) projecting signage, some or all of which may incorporate LCD, LED, or similar electronic technology, only if approved, provided for in the land development regulations, and legally authorized. The Signage Program shall apply to signage visible from public rights -of -way. The Signage Program shall not apply to signage internal to the redevelopment of the Subject Property or not otherwise visible from the public right-of-way. 31. Exclusive Venue, Choice of Law, Specific Performance. It is mutually understood and agreed by the parties hereto, that this Agreement shall be governed by the laws of the State of Florida, and any applicable federal law, both as to interpretation and performance, and that any action at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or federal courts and venue for any such actions shall lie exclusively in a court of competent jurisdiction in Miami -Dade County. In addition to any other legal rights, the City and the Developer shall each have the right to specific performance of this Agreement in court. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The Parties irrevocably waive any rights to a jury trial. 20 Miami Design District SAP RFD Development Agreement 32. Severability. Invalidation of any terms or provisions of this Agreement, by judgment of court, in no way shall affect any of the other terms or provisions of this Agreement, which shall remain in full force and effect, provided the fundamental terms and provisions of this Agreement remain legal and enforceable. 33. No Oral Change or Termination. This Agreement and the exhibits and attachments constitute the entire agreement between the Parties with respect to the components of the Miami Design District Retail Street SAP discussed herein. This Agreement supersedes any prior agreements or understandings between the Parties with respect to the subject matter hereof. No change, modification, or discharge hereof in whole or in part shall be effective unless such change, modification, or discharge is in writing and signed by the Party against whom enforcement of the change, modification, or discharge is sought and after two (2) public hearings before the City Commission. This Agreement cannot be changed or terminated orally. 34. Compliance with Applicable Law. Subject to the terms and conditions of this Agreement, throughout the term of this Agreement, the Developer shall comply with all applicable federal, state, and local laws, rules, regulations, codes, ordinances, resolutions, administrative orders, permits, policies and procedures, and orders that govern or relate to the respective Party's obligations and performance under this Agreement, all as they may be amended from time to time. 35. Voluntary Compliance. The Parties agree that in the event all or any part of this Agreement is struck down by judicial proceedings or preempted by legislative action, the Parties shall continue to honor the terms and conditions of this Agreement to the extent allowed by law. 36. Representations; Representatives. Each Party represents to the other that this Agreement has been duly authorized, delivered, and executed by such Party with the legal authority to do so and therefore this Agreement constitutes the legal, valid, and binding obligation of such party, enforceable in accordance with its terms. 37. No Exclusive Remedies. No remedy or election given by any provision in this Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the remedies granted hereunder upon a default of the other Party shall be cumulative and in addition to all other remedies at law or equity arising from such event of default (other than any remedy which may be available at law or in equity which permits the termination of this Agreement), except where otherwise expressly provided. 38. Failure to Exercise Rights not a Waiver: Waiver Provisions. The failure by any party to promptly exercise any right arising hereunder shall not constitute a waiver of such right unless otherwise expressly provided herein. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 21 Miami Design District SAP RFD Development Agreement 39. Events of Default. (a) The Developer shall be in default under this Agreement if any of the following events occur and continue beyond the applicable grace period: the Developer fails to perform or breaches any term(s), covenant(s), or condition(s) of this Agreement, which breach is not cured within thirty (30) days after receipt of written notice from the City specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty (30) days, then the Developer shall not be in default if it commences to cure such breach within said thirty (30) day period and diligently prosecutes such cure to completion. (b) The City shall be in default under this Agreement if the City fails to perform or breaches any term(s), covenant(s), or condition(s) of this Agreement and such failure is not cured within thirty (30) days after receipt of written notice from the Developer specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty (30) days, the City shall not be in default if it commences to cure such breach within said thirty (30) day period and diligently prosecutes such cure to completion. (c) It shall not be a default under this Agreement if either party is declared bankrupt by a court of competent jurisdiction. All rights and obligations in this Agreement shall survive such bankruptcy of any party. The Parties hereby forfeit any right to terminate this Agreement upon the bankruptcy of the other party. (d) Notwithstanding the foregoing or anything contained in this Agreement to the contrary, providing the Miami City Commission has approved an Assignment of this Agreement following a public hearing noticed at the cost of a Developer (i) a default by any successor(s) or assignee(s) of the Developer of any portion of this Agreement shall not be deemed to be a breach by (A) the Developer, or (B) any other successor or assignee of the Developer; and (ii) a default by the Developer under this Agreement shall not be deemed to be a breach by any successor(s) or assignee(s) of the Developer of their respective rights, duties, or obligations under this Agreement. For purposes of clarity, the redevelopment of the Subject Property may be developed by multiple parties in multiple phases over the next several years. Any actual or alleged default by a developer of a portion(s) or phase(s) of the redevelopment of the Subject Property, including, but not limited to, the Developer, shall not cause, nor be treated, deemed, or construed as a default by another developer or Party with respect to any other portion(s), phase(s), or component(s) of the redevelopment of the Subject Property. 40. Remedies Upon Default. (a) Neither party may terminate this Agreement upon the default of the other party, but shall have all of the remedies enumerated herein. Nevertheless, the parties reserve their right to request that a court declare this Agreement rescinded or terminated due to a material breach which has not been cured. 22 Miami Design District SAP RFD Development Agreement (b) Upon the occurrence of a default by a party to this Agreement not cured within the applicable grace period, the Developer and the City agree that any party may seek specific performance of this Agreement, and that seeking specific performance shall not waive any right of such party to also seek monetary damages, injunctive relief, or any other relief other than termination of this Agreement. The City hereby acknowledges that any claim for damages under this Agreement is not limited by sovereign immunity or similar limitation of liability. 41. Assignment or Transfer. This Agreement shall be binding on the Developer and its heirs, successors, and assigns, including the successor to or assignee of any Subject Property Interest. The Developer, at its sole discretion, may assign, in whole or in part, this Agreement including any of its rights and obligations hereunder, or may extend the benefits of this Agreement, to any holder of a Property Interest without the prior written consent or any other approval of the City. The City shall be notified in writing within thirty (30) days after any assignment or transfer. Nothing contained herein shall be deemed to be a dedication, conveyance or grant to the public in general nor to any persons or entities except as expressly set forth herein. 42. Obligations Surviving Termination Hereof. Notwithstanding and prevailing over any contrary term or provision contained herein, in the event of any lawful termination of this Agreement, the following obligations shall survive such termination and continue in full force and effect until the expiration of a one (1) year term following the earlier of the effective date of such termination or the expiration of the Term: (i) the exclusive venue and choice of law provisions contained herein; (ii) rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement; and (iii) any other term or provision herein which expressly indicates either that it survives the termination or expiration hereof or is or may be applicable or effective beyond the expiration or permitted early termination hereof. 43. Lack of Agency Relationship. Nothing contained herein shall be construed as establishing an agency relationship between the City and the Developer and neither the Developer nor its employees, agents, contractors, subsidiaries, divisions, affiliates or guests shall be deemed agents, instrumentalities, employees, or contractors of the City for any purpose hereunder, and the City, its contractors, agents, and employees shall not be deemed contractors, agents, or employees of the Developer or its subsidiaries, divisions or affiliates. 44. Third -Party Defense. The City and the Developer shall each, at their own cost and expense, vigorously defend any claims, suits or demands brought against them by third parties challenging the Agreement or the redevelopment of the Subject Property, or objecting to any aspect thereof, including, without limitation, (i) a consistency challenge pursuant to Section 163.3215, Florida Statutes (2022), (ii) a petition for writ of certiorari, (iii) an action for declaratory judgment, or (iv) any claims for loss, damage, liability, or expense (including reasonable attorneys' fees). The City and the Developer shall promptly give the other written notice of any such 23 Miami Design District SAP RFD Development Agreement action, including those that are pending or threatened, and all responses, filings, and pleadings with respect thereto. 45. Amendment or Termination by Mutual Consent. This Agreement may not be amended or terminated during its term except by mutual agreement of the Developer and its successors and assigns, and the City in writing. Prior to amending or terminating this Agreement, the City Commission shall hold two (2) duly noticed public hearings 46. No Third -Party Beneficiary. No persons or entities other than the Developer and the City, permitted successors and assigns, shall have any rights whatsoever under this Agreement. 47. Recording. This Agreement shall be recorded in the Public Records of Miami -Dade County, Florida at the Developer's expense and shall inure to the benefit of the City. A copy of the recorded Development Agreement shall be provided to the City Clerk and City Attorney within two (2) weeks of recording. 48. No Conflict of Interest. The Developer agrees to comply with Section 2-612 of the City Code as of the Effective Date, with respect to conflicts of interest and with the State of Florida Ethics Code, and the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance. 49. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 50. Estoppel Certificate. Upon request by any Party to this Agreement, the other Party or its duly authorized representative will deliver to the requesting Party, within thirty (30) days after such request is made, a certificate in writing certifying (a) that this Agreement is unmodified and in full force and effect (or if there have been any modifications, a description of such modifications and confirmation that this Agreement as modified is in full force and effect); (b) that to the best knowledge, information and belief of such Party, the requesting Party is not, at that time, in default under any provision of this Agreement, or, if in default, the nature thereof in detail; (c) to the best knowledge of such Party, whether such Party has a claim against any other Party under this Agreement, and, if so, the nature thereof and the dollar amount of such claim; and (d) such other matters as such requesting Party or its lender may reasonably request. Each Party further agrees that such certificate shall be in a form reasonably acceptable to the City Attorney and may be relied upon by (1) any prospective purchaser of the fee or mortgage or assignee of any mortgage on the fee of the Subject Property or any portion thereof. Should the City fail to execute the requested estoppel certificate within the aforementioned time period, the City's non -response shall be presumed to indicate the Developer Party's compliance with the terms of the Agreement. 24 Miami Design District SAP RFD Development Agreement NOW, WHEREOF, the City and the Developer have caused this Agreement to be duly executed. [Execution Pages for the City and the Developer Follow] 25 Miami Design District SAP RFD Development Agreement Witnesses: RFD North 39, LLC., a Florida limited liability company Print Name: Print Name: STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE) By: Name: Title: The foregoing instrument was acknowledged before me this day of 2023, by , as of RFD North 39, LLC, a Florida limited liability company. Personally Known or Produced Identification Type of Identification Produced NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: 26 Miami Design District SAP RFD Development Agreement Witnesses: RFD North 40, LLC., a Florida limited liability company Print Name: Print Name: STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE) By: Name: Title: The foregoing instrument was acknowledged before me this day of 2023, by , as of RFD North 40, LLC, a Florida limited liability company. Personally Known or Produced Identification Type of Identification Produced NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: 27 Miami Design District SAP RFD Development Agreement Witnesses: RFD South 40, LLC., a Florida limited liability company Print Name: Print Name: STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE) By: Name: Title: The foregoing instrument was acknowledged before me this day of 2023, by , as of RFD South 40, LLC, a Florida limited liability company. Personally Known or Produced Identification Type of Identification Produced NOTARY SIGNATURE Print or Stamp Name: Notary Public, State of Florida Commission No.: N/A My Commission Expires: 28 Miami Design District SAP RFD Development Agreement CITY OF MIAMI, FLORIDA By: Arthur Noriega, City Manager ATTEST: By: Todd B. Hannon, City Clerk APPROVED AS TO FORM AND CORRECTNESS: By: Victoria Mendez, City Attorney 29 Miami Design District SAP RFD Development Agreement Exhibit "A" Legal Descriptions of Subject Property Miami Design District SAP RFD Development Agreement Exhibit "B" Legal Descriptions of SAP Area Miami Design District SAP RFD Development Agreement Exhibit "C" Miami Design District Retail Street SAP Regulating Plan Miami Design District SAP RFD Development Agreement EXHIBIT "C" Cont. Concept Book 33 Miami Design District Addresses and Folios Addresses Folios 3995 N Miami Avenue 01-3124-027-0430 3925 N Miami Avenue 01-3124-029-0100 10 NE 40 Street 01-3124-027-0420 28 NE 40 Street 01-3124-027-0400 40 NE 40 Street 01-3124-027-0390 50 NE 40 Street 01-3124-027-0360 56 NE 40 Street 01-3124-027-0350 81 NE 39 Street 01-3124-029-0020 75 NE 39 Street 01-3124-029-0030 55 NE 39 Street 01-3124-029-0040 53 NE 39 Street 01-3124-029-0050 45 NE 39 Street 01-3124-029-0060 21 NW 39 Street 01-3124-029-0080 15 NE 39 Street 01-3124-029-0110 1 NE 40 Street 01-3124-027-0210 35 NE 40 Street 01-3124-027-0180 27 NW 39 Street 01-3124-021-0560 CFN: 20220964357 BOOK 33521 PAGE 3712 DATE:12/28/2022 03:02:08 PM DEED DOC 129,900.00 SURTAX 97,425.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This instrument was prepared by: Luis Flores, Esquire Saul Ewing LLP 701 Brickell Avenue, 17th Floor Miami, Florida 33131 Upon recording, return to: Wachtel Missry LLP 885 Second Ave., 47th Floor New York, New York 10017 Attn.: Morris Missry and David Weiner Tax Folio # 01-3124-027-0180 and 01-3124-027-0210 [Space Above This Line For Recording Data] SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED ("Deed"), made this 21st day of December, 2022, by and between RS JZ DESIGN 40, LLC, a Delaware limited liability company, a Delaware limited liability company ("Grantor") whose address is c/o Apollo Commercial Real Estate Finance, Inc., 1095 Avenue of the Americas, 40th Floor, New York, New York 10036 and RFD North 40 LLC, a Delaware limited liability company ("Grantee"), whose address is c/o Raycliff Capital, LLC, 645 Madison Avenue, Suite 401, New York, New York 10065. WITNES SETH: THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, certain real property located in Miami -Dade County, Florida which is more particularly described in Exhibit "A" attached hereto and made a part hereof ("Property"). TOGETHER with all the easements, tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; and TO HAVE AND TO HOLD, the same in fee simple forever. Subject to: (i) general and special taxes and assessments for the year 2023 and subsequent years; (ii) zoning and other restrictions, regulations, and prohibitions imposed by governmental authorities; (iii) matters that would be disclosed by a survey of the Property; and (iv) conditions, restrictions, limitations, reservations, declarations, easements, dedications, and agreements of record (collectively, "Permitted Encumbrances"), without intent to reimpose the same. AND Grantor hereby covenants with Grantee that Grantor will warrant and defend the Property against the lawful claims and demands of all persons claiming by, through, or under Grantor, but against none other, except Grantor shall not be obligated to defend claims arising from the Permitted Encumbrances, and that the Property is free of all encumbrances, except for the Permitted Encumbrances. 40861345.1 US\033521\00099\31952785.v2-12/20/22 l) CFN: 20220964357 BOOK 33521 PAGE 3713 [SIGNATURES APPEAR ON FOLLOWING PAGE] 40861345.1 US1033 521 \00099131952785.v2-12/20/22 CFN: 20220964357 BOOK 33521 PAGE 3714 Print Name: 1LJrtj STATE OF NEW YORK COUNTY OF NEW YORK GRANTOR: RS JZ DESIGN 40, LLC a Delaware limited liability company By: ACREFI M JV, LLC, its sole member By: ACREFI Holdings J-I JV Managing Member, LLC, its managing member By: ACREFI Holdings J-I JV Member, LLC, its sole member By: ACREFI Holdings J-I, LLC, its sole member By: ACREFI Mortgage Lending, LLC, its sole member By: ACREFI Operating, LLC, its sole member By: Apollo Commercial Real Estate Finance, Inc., its sole member By: ACREFI Management, LLC, its manager By: Name: Je `' -y Horowitz Title: Vice President ACKNOWLEDGMENT ) ss. The foregoing instrument was acknowledged before me by means ofXphysical presence or ❑ online notarization, this I 1 day of December, 2022, by Jeffrey Horowitz, as Vice President of ACREFI Management, LLC on behalf of RS JZ DESIGN 40, LLC, who is personally known to me or has producedCb- vf' S ttase, as identification. My commission expires "At (Signature of Notary) 5/4 (Print Name of Notary) Serial Number: SACHIN S. SHAH Notary Public, State of New YorK No. 01SH6442994 Qualified in Westchester County Commission Expires October 24, 202E [Signature Page to Special Warranty Deed (RS JZ Design 40, LLC- Property #3)] CFN: 20220964357 BOOK 33521 PAGE 3715 Exhibit "A" Description of the North 40th Street Land Parcel 7 LOTS 14, 15, 16, 17 AND 18, IN BLOCK 2, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS IN FAVOR THE CITY OF MIAMI, FLORIDA, A MUNICIPALITY OF THE STATE OF FLORIDA, RECORDED IN OFFICIAL RECORDS BOOK 23151, PAGE 4667. Parcel 8 LOTS 19, 20, 21, 22, 23 AND 24, LESS THE WEST 10 FEET OF LOTS 23, 22, 23 AND 24, ALL IN BLOCK 2, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 40861345.1 US\033 521 \00099131952785.v2-12/20/22 This instrument was prepared by: Luis Flores, Esquire Saul Ewing LLP 701 Brickell Avenue, 17th Floor Miami, Florida 33131 Upon recording, return to: Wachtel Missry LLP 885 Second Ave., 47th Floor New York, New York 10017 Attn.: Morris Missry and David Weiner CFN: 20220964356 BOOK 33521 PAGE 3708 DATE:12/28/2022 03:02:08 PM DEED DOC 319,500.00 SURTAX 239,625.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Tax Folio # 01-3124-027-0350 / 01-3124-027-0360 / 01-3124-027-0390 / 01-3124-027-0400 / 01-3124-027-0420 / 01-3124-027-0430 [Space Above This Line For Recording Data] SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED ("Deed"), made this 21' day of December, 2022, by and between RS JZ 21 NE 39th, LLC, a Delaware limited liability company, a Delaware limited liability company ("Grantor") whose address is c/o Apollo Commercial Real Estate Finance, Inc., 1095 Avenue of the Americas, 40th Floor, New York, New York 10036 and RFD South 40 LLC, a Delaware limited liability company ("Grantee"), whose address is c/o Raycliff Capital, LLC, 645 Madison Avenue, Suite 401, New York, New York 10065. WITNES SETH: THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, certain real property located in Miami -Dade County, Florida which is more particularly described in Exhibit "A" attached hereto and made a part hereof ("Property"). TOGETHER with all the easements, tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; and TO HAVE AND TO HOLD, the same in fee simple forever. Subject to: (i) general and special taxes and assessments for the year 2023 and subsequent years; (ii) zoning and other restrictions, regulations, and prohibitions imposed by governmental authorities; (iii) matters that would be disclosed by a survey of the Property; and (iv) conditions, restrictions, limitations, reservations, declarations, easements, dedications, and agreements of record (collectively, "Permitted Encumbrances"), without intent to reimpose the same. AND Grantor hereby covenants with Grantee that Grantor will warrant and defend the Property against the lawful claims and demands of all persons claiming by, through, or under Grantor, but against none other, except Grantor shall not be obligated to defend claims arising from the Permitted Encumbrances, and that the Property is free of all encumbrances, except for the Permitted Encumbrances. 40861324.1 US103 3 521100099131952784.v2-12/20/22 CFN: 20220964356 BOOK 33521 PAGE 3709 [SIGNATURES APPEAR ON FOLLOWING PAGE] 40861324.1 US1033 521100099131952784.v2-12/20/22 CFN: 20220964356 BOOK 33521 PAGE 3710 -L(\ I-Lz5H" Print Name: PeNA i e 1 r ,weel STATE OF NEW YORK COUNTY OF NEW YORK GRANTOR: RS JZ 21 NE 39TH, LLC By: ACREFI M JV, LLC, its sole member By: ACREFI Holdings J-I JV Managing Member, LLC, its managing member By: ACREFI Holdings J-I JV Member, LLC, its sole member By: ACREFI Holdings J-I, LLC, its sole member By: ACREFI Mortgage Lending, LLC, its sole member By: ACREFI Operating, LLC, its sole member By: Apollo Commercial Real Estate Finance, Inc., its sole member By: ACREFI Management, LLC, its manager By: Name:7effrey Horowitz Title: Vice President ACKNOWLEDGMENT ) ss. The foregoing instrument was acknowledged before me by means of%physical presence or ❑ online notarization, this 1 4 day of December, 2022, by Jeffrey Horowitz, as Vice President of ACREFI Management, LLC on Jel}alf of RS JZ 21 NE 39TH, LLC, who is personally known to me or has produced G--%"'5 //, ,d-C as identification. My commission expires (Signature of Notary) SA (Print Name of Notary) Serial Number: SACHIN S. SHAH Notary Public, State of New York No. 01 S H6442994 Qualified in Westchester County Commission Expires October 24, 202E [Signature Page to Special Warranty Deed (RS JZ 21 NE 39th, LLC- Property #2)] CFN: 20220964356 BOOK 33521 PAGE 3711 Exhibit "A" Description of the South 40th Street Land Parcel 9 LOTS 10 AND 11, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE 132, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Parcel 10 LOTS 12, 13 AND 14, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Parcel 11 LOTS 15 AND 16, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Parcel 12 LOTS 17 AND 18, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Parcel 13 LOTS 19 AND 20 AND THE EAST 5 FEET OF LOTS 21, 22, 23 AND 24, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND THE NORTH 2 INCHES OF LOT 10, AND THE NORTH 2 INCHES OF THE EAST 2 FEET OF LOT 11, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 37, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Parcel 14 THE WEST 102 FEET OF LOTS 21, 22, 23 AND 24, LESS THE WEST 10 FEET THEREOF BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 40861324.1 U S103 3 521100099\_31952784.v2-12/20/22 This instrument was prepared by: Luis Flores, Esquire Saul Ewing LLP 701 Brickell Avenue, 17th Floor Miami, Florida 33131 Upon recording, return to: Wachtel Missry LLP 885 Second Ave., 47th Floor New York, New York 10017 Attn.: Morris Missry and David Weiner CFN: 20220964355 BOOK 33521 PAGE 3703 DATE:12/28/2022 03:02:08 PM DEED DOC 542,100.00 SURTAX 406,575.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Tax Folio # 01-3124-029-0020 / 01-3124-029-0030 / 01-3124-029-0040 / 01-3124-029-0050 / 01-3124-029-0060 / 01-3124-029-0080 / 01-3124-029-0100 / 01-3124-029-0110 [Space Above This Line For Recording Data] SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED ("Deed"), made this 21' day of December, 2022, by and between RS JZ 21 NE 39th, LLC, a Delaware limited liability company, a Delaware limited liability company ("Grantor") whose address c/o Apollo Commercial Real Estate Finance, Inc., 1095,Avenue of the Americas, 40th Floor, New York, New York 10036 and RFD North 39 LLC, a Delaware limited liability company ("Grantee"), whose address is c/o Raycliff Capital, LLC, 645 Madison Avenue, Suite 401, New York, New York 10065. WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, certain real property located in Miami -Dade County, Florida which is more particularly described in Exhibit "A" attached hereto and made a part hereof ("Property"). TOGETHER with all the easements, tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; and TO HAVE AND TO HOLD, the same in fee simple forever. Subject to: (i) general and special taxes and assessments for the year 2023 and subsequent years; (ii) zoning and other restrictions, regulations, and prohibitions imposed by governmental authorities; (iii) matters that would be disclosed by a survey of the Property; and (iv) conditions, restrictions, limitations, reservations, declarations, easements, dedications, and agreements of record (collectively, "Permitted Encumbrances"), without intent to reimpose the same. AND Grantor hereby covenants with Grantee that Grantor will warrant and defend the Property against the lawful claims and demands of all persons claiming by, through, or under Grantor, but against none other, except Grantor shall not be obligated to defend claims arising from the Permitted Encumbrances, and that the Property is free of all encumbrances, except for the Permitted Encumbrances. 40853496.1.docx US103 3 521100099131952782. v2-12/20/22 CFN: 20220964355 BOOK 33521 PAGE 3704 [SIGNATURES APPEAR ON FOLLOWING PAGE] 40853496.1.docx US\033521\00099\31952782.v2-12/20/22 CFN: 20220964355 BOOK 33521 PAGE 3705 v ' Print Name: l 40 ji4/ (tc STATE OF NEW YORK COUNTY OF NEW YORK GRANTOR: RS JZ 21 NE 39TH, LLC By: ACREFI M JV, LLC, its sole member By: ACREFI Holdings J-I JV Managing Member, LLC, its managing member By: ACREFI Holdings J-I JV Member, LLC, its sole member By: ACREFI Holdings J-I, LLC, its sole member By: ACREFI Mortgage Lending, LLC, its sole member By: ACREFI Operating, LLC, its sole member By: Apollo Commercial Real Estate Finance, Inc., its sole member By: ACREFI Management LC, its manager By: Name: Je `. - y Horowitz Title: Vice President ACKNOWLEDGMENT ) ss. The foregoing instrument was acknowledged before me by means ofphysical presence or ❑ online notarization, this I ti day of December, 2022, by Jeffrey Horowitz, as Vice President of ACREFI Management, LLC on behalf of RS JZ 21 NE 39TH, LLC, who is personally known to me or has produced (kw t ias identification. My commission expires (Signature of Not ) (Print Name of Notary) Serial Number: SACHIN S. SHAH Notary Public, State of New York No. 01SH6442994 Qualified in Westchester County Commission Expires October 24, 2026 [Signature Page to Special Warranty Deed (RS JZ 21 NE 30, LLC — Property #1)] CFN: 20220964355 BOOK 33521 PAGE 3706 Exhibit "A" Description of the 39th Street Land Parcel 1 LOTS 3, 4 AND 5, BLOCK 1, BILTMORE COURT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 37, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Parcel 2 LOT 6, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Parcel 3 LOTS 7 AND 8, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. ALSO DESCRIBED AS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 8, BLOCK 1, SAID POINT BEING ON THE NORTH RIGHT OF WAY LINE OF NE 39TH STREET; THENCE N00°00'00"E, ALONG THE WEST LINE OF SAID LOT 8 A DISTANCE OF 93.45 FEET; THENCE N90°00'00"E, ALONG THE NORTH LINE OF SAID LOTS 7 AND 8 BLOCK 1 A DISTANCE OF 100.00 FEET; THENCE S00°00'00"E, ALONG THE EAST LINE OF SAID LOT 7, BLOCK 1 A DISTANCE OF 93.45 FEET TO THE NORTH RIGHT OF WAY LINE OF NE 39TH STREET; THENCE N90°00'00"W, ALONG SAID NORTH RIGHT OF WAY LINE OF NE 39TH STREET A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. Parcel 4 LOTS 9 AND 10, LESS THE NORTH 0.28 FEET OF LOT 10, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA. Parcel 5 LOT 11, LESS THE NORTH 2 INCHES OF THE EAST 2 FEET AND LESS THE WEST 10 FEET, AND LOT 12 LESS THE WEST 10 FEET, BLOCK 1, OF BILTMORE COURT, AS RECORDED IN PLAT BOOK 7 PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Parcel 6 40853496.1.docx US1033 521 \00099\3 l 952782.v2-12/20/22 CFN: 20220964355 BOOK 33521 PAGE 3707 LOT 13, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7 PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS THE WEST 10 FEET OF SAID LOT 13, AND LESS THE FOLLOWING DESCRIBED PROPERTY: FROM THE SOUTHEAST CORNER OF LOT 13, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7 PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID LOT 13 FOR A DISTANCE OF 82.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE RUN NORTHWESTERLY ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 15 FEET THROUGH A CENTRAL ANGLE OF 90° 00' 00" WITH AN ARC DISTANCE OF 23.56 FEET TO A POINT OF TANGENCY ON A LINE 10 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 13; THENCE RUN SOUTH ALONG A LINE 10 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 13 FOR A DISTANCE OF 10 FEET TO A POINT; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 25 FEET THROUGH A CENTRAL ANGLE OF 36° 52' 12" WITH AN ARC DISTANCE OF 16.09 FEET TO THE POINT OF BEGINNING. 40853496.1.docx US\033521\00099\31952782.v2-12/20/22 Prepared By: Paul A. Levine, Esquire Levine & Partners, P.A. 3350 Mary Street Miami, FL 33133 Return to: First American Title Insurance Company 2121 Ponce de Leon Blvd., Suite 710 Coral Gables, FL 33134 WARRANTY DEED CFN: 20220715110 BOOK 33379 PAGE 4083 DATE:09/13/2022 10:44:39 AM DEED DOC 7,800.00 SURTAX 5,850.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This Indenture is made this 12th day of September, 2022, between ESJ Design 27, LLC, a Florida limited liability company ("Grantor"), whose post office address is: 19950 West Country Club Drive, Suite 800, Aventura, FL 33180, and MDDA Acquisitions, LLC, a Delaware limited liability company, whose mailing address is: 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 ("Grantee"). WITNESSETH that said Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to wit (the "Property"): Lot 21, Block 3, PRINCESS PARK, according to the Plat thereof recorded in Plat Book 6, at Page 87, of the Public Records of Miami -Dade County, Florida SUBJECT TO THE FOLLOWING: 1) Taxes and assessments for the year 2022 and subsequent years; and 2) Covenants, restrictions and easements of record, but this provision shall not operate to reimpose same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that it is lawfully seized of the Property in fee simple, that it has good right and lawful authority to sell and convey the Property, that it hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever. CFN: 20220715110 BOOK 33379 PAGE 4084 [Page Two of Warranty Deed to MDDA Acquisitions, LLC] IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the preSeence of us: Print Nafne: Print Name: .Ek67/e/'/ ya 7f/ 6a/ STATE OF FLORIDA COUNTY OF MIAMI-DADE ESJ Design 27, LLC, a Florida limited liability company By: ESJ Capital Partners, LLC, a Florida limited liability company, i4 anager By: ss Arnaud Sitbo , Manager Date: Septem ' er, 2022 Sworn to and subscribed before me by means of l physical presence or ❑ online notarization this �j day of September, 2022 by Arnaud Sitbon, as Manager of ESJ Capital Partners, LLC, a Florida limited liability company, the Manager of ESJ Design 27, LLC, a Florida limited liability company, who is personally known to me _or who has produced as identification. Notary Public, State of Florida Print Name: C, ikkOI(J S My commission expires: `1 I dS ELENA MONES Notary Public State of Florida Comm# HH154000 Expires 7/14/2025 akerman September 14, 2021 VIA EMAIL David Snow City of Miami Planning Department 444 SW 2nd Avenue Miami, FL 33130 Re: Miami Design District Retail Street DD SAP Annual Review 2020/2021 Dear Mr. Snow: Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 Tel: 305.374.5600 Fax: 305.374.5095 Dir: 305.982.5614 marissa.amuial@akerman.com Akerman LLP represents Oak Plaza Associates (Del.) LLC ("Oak Plaza") and associated entities, affiliated with Miami Design District Associates ("MDDA") (collectively "Developer"), with respect to the Miami Design District Retail Street Special Area Plan ("DD SAP") and use and development of Developer's properties within the DD SAP boundaries. Pursuant to Section 19 of the Amended and Restated Development Agreement, recorded September 18, 2014, in OR BK 29314, PG 1880 in the Public Records of Miami -Dade County, as amended ("2014 Development Agreement"), a copy of which is attached as Exhibit A, the City of Miami (the "City") is charged with reviewing development activity every twelve months ("Annual Review") and identifying the status of the terms and conditions of the current Master Development Agreement.' In furtherance of the Annual Review, please accept this letter and attached exhibits as a summary of the status of Developer's development activity through September 14, 2021, including anticipated development completed and remaining development capacity within the DD SAP. 1 Note that this Annual Review is limited to those properties within the SAP, which are owned by the Developer (i.e. properties owned by a "Developer Party", as defined in the Second Amendment to the Amended and Restated Development Agreement, enclosed as Exhibit K). See also Section 19 of the 2021 Development Agreement, which will henceforth require review every twelve (12) months, commencing twelve (12) months after the Effective Date of August 23, 2021. akerman.com 59457372; 1 DD SAP Development Approvals The DD SAP provides a comprehensive framework for development within the commercial areas of the Design District, generally comprising approximately 22.56 acres of land north of 1-195, stretching from North Miami Avenue to east of NE 2nd Avenue. The DD SAP, including its Regulating Plan, Concept Book, and allocation of development rights was originally approved by the City Commission on July 26, 2012, pursuant to Ordinance No. 13334, attached as Exhibit B, along with the corresponding development agreement, which was simultaneously approved by Ordinance 13335, attached as Exhibit C. The DD SAP Regulating Plan was incorporated into the City's Zoning Code, Miami 21, as Appendix F. On October 24, 2013, the DD SAP was amended and approved by the City Commission pursuant to Ordinance No. 13414, attached as Exhibit D, in conjunction with the 2014 Development Agreement, which was approved pursuant to Ordinance No. 13415, attached as Exhibit E. On March 12, 2015, the DD SAP was amended a second time through approval of amendments by the City Commission pursuant to Ordinance No. 13505, attached as Exhibit F; the purpose of the amendment was to (i) include within the DD SAP boundaries approximately 2 acres of property located at 220 NE 43rd Street, owned by 4201 NE 2nd Ave LLC, an entity not affiliated with MDDA, to be developed as Block 5 East, and (ii) to effectuate minor text revisions to the Regulating Plan.' The DD SAP was amended a third time on April 28, 2016 pursuant to Ordinance No. 13603, attached as Exhibit G; the purpose of the amendment was to (i) remove from the DD SAP boundaries those properties associated with the future development site of the Institute of Contemporary Art, located at 53 and 61 NE 41' Street, and (ii) to effectuate minor text revisions to the Regulating Plan. Simultaneously, a Partial Release and Amendment to the Amended and Restated Development Agreement ("Partial Release"), was approved via Ordinance No. 13604 attached as Exhibit H to effectuate the release of the ICA Parcels; the Partial Release is attached hereto as Exhibit I. On January 24, 2019, the City Commission approved an additional amendment to the 2014 Development Agreement via Ordinance No. 13802, attached as Exhibit J, resulting in the Second Amendment to the Amended and Restated Development Agreement ("Second Amendment"), attached as Exhibit K. The purpose of the Second Amendment was to release the property located at 4218 NE 2nd Avenue ("Flagler Property") from the Master Development Agreement, on the condition that owners of the Flagler Property enter into a separate development agreement with the City.' Most recently, the DD SAP was amended and approved by the City Commission on May 27, 2021 via Ordinance No. 14001,4 attached as Exhibit L, along with an updated Development Agreement ("2021 2 The Amended and Restated Development Agreement was not presented for consideration of additional amendments; rather, because the SAP boundaries were being adjusted solely to accommodate a third party property owner with no direct relationship to MDDA, Oak Plaza, or their affiliates, in conjunction with Ordinance 13505, the City Commission approved a separate development agreement between the City and 4201 NE 2nd Ave LLC, to be applicable specifically for Block 5 East. 3 The City Commission simultaneously approved a separate development agreement between the City and the owners of the Flagler Property via Ordinance No. 13803. 4 Note that Ordinance No. 14001 has been appealed by MacArthur Properties III, LLC in a petition for writ of certiorari in the Circuit Court of the Eleventh Judicial Circuit. 2 59457372; 1 Development Agreement"), which was simultaneously approved via Ordinance No. 14002, attached as Exhibit M5 (collectively the "2021 DD SAP Approvals"). The below list contains a summary of the ordinances effectuating the approvals and amendments to the DD SAP. • 2012 DD SAP Approvals: o DD SAP (Ordinance 13334) ■ File ID: 11-01196ap ■ Final Action Date: 07/26/12 o Development Agreement (Ordinance 13335) ■ File ID: 11-01196da ■ Final Action Date: 07/26/12 • 2013 DD SAP Approvals: o DD SAP (Ordinance 13414) ■ File ID: 11-01196ap1 ■ Final Action Dat e: 10/24/13 o Development Agreement (Ordinance 13415) ■ File ID: 11-01196da1 ■ Final Action Date: 10/24/13 • 2015 DD SAP Approvals: o DD SAP (Ordinance 13505) ■ File ID: 11-01196ap2 ■ Final Action Date: 03/12/15 • 2016 DD SAP Approvals: o DD SAP (Ordinance 13603) ■ File ID: 11-01196ap3 ■ Final Action Date: 4/28/16 o Development Agreement (Ordinance 13604) ■ File ID: 11-01196da3 ■ Final Action Date: 4/28/16 • 2019 DD SAP Approvals: o Development Agreement (Ordinance 13802) ■ File No: 4664 ■ Final Action Date: 1/24/19 • 2021 DD SAP Approvals: o DD SAP (Ordinance 14001) ■ File ID: 8724 ■ Final Action Date: 5/27/21 o Development Agreement (Ordinance 14002) ■ File ID: 8725 ■ Final Action Date: 5/27/21 5 Note Exhibit M is a draft version because the final version is still pending with the City Attorney's office. 3 59457372; 1 Core Operative Documents First, the DD SAP includes within its core operative provisions a regulating plan which memorializes all of the specific development standards that deviate and supersede the development standards contained within Miami 21 that are applicable to the properties within the DD SAP boundaries; the most recently approved Regulating Plan was approved as part of the 2021 DD SAP Approvals (the "2021 Regulating Plan") attached hereto as Exhibit N, and is incorporated into the City's Zoning Code, Miami 21, as Appendix F.6 Second, simultaneous approval was given to a companion conceptual development plan with illustrative diagrams for the properties within the DD SAP boundaries (the "2021 Concept Book"). The Concept Book, as amended, is attached hereto as Exhibit P. Third, the Development Agreement memorializes the vesting of underlying future land use and zoning and associated development rights along with specific terms and conditions agreed to by the MDDA and the City of Miami. The most recently approved version of the Development Agreement was approved as part of the 2021 DD SAP Approvals, and was recorded on August 23, 2021, in OR BK 32694, PG 850, in the Public Records of Miami -Dade County, as amended (the "2021 Development Agreement" a copy of which is attached as Exhibit Q). The chart attached as Exhibit R contains a list of obligations and/or conditions under the 2021 Development Agreement, along with the description and associated status of each item, as provided by MDDA. Aggregate Accounting and Tracking Matrix A benefit of the DD SAP is the ability to account for Open Space, Civic Space and Parking in the aggregate. Development rights, requirements, and approvals are tracked through the Development Program Tracking Sheet, which illustrates the total development rights and requirements for Open Space, Civic Space and Parking. The Development Program Spreadsheet is continually updated as development progresses and Open Space, Civic Space and Parking requirements are fulfilled. In addition, the 2021 Regulating Plan and 2021 Development Agreement created the ability for T6 parcels within the SAP to transfer density and intensity as follows: Adjacent and non -adjacent parcels within the SAP Area which have unutilized density or unutilized FLR, located within the T6 Urban Core transect zone ("T6 Properties") may transfer such Remaining Aggregate Density or Remaining Aggregate FLR to other T6 Properties within the SAP Area, provided however that each individual project on those T6 Properties must comply with the limits imposed by the SAP Regulating Plan and the Comprehensive Plan. Notwithstanding the forgoing, density and intensity shall be counted on an aggregate basis for all T6 Properties located within the SAP; such that the total aggregated density and intensity throughout the T6 Properties shall not surpass the aggregated as -of -right maximum (i.e. base) density and intensity permitted in the underlying T6 Properties. Aggregated density and intensity, as well as the Remaining Aggregate Density and 6 Note that the version approved at the City Commission was a redline, enclosed as Exhibit N; a clean version of the 2021 Regulating Plan is also included herein for reference as Exhibit O. 4 59457372; 1 Remaining Aggregate FLR will be tracked via an aggregated rights Tracking Sheet and reviewed annually as part of the Annual Review process, as indicated in the Development Agreement.' The most recent Development Program Tracking Sheet, contains updates related to Open Space, Civic Space, Parking, and Bike Parking — as well as information related to the tracking of density and FLR in the T6 Properties — and is enclosed as Exhibit S (dated September 14, 2021 as provided by MDDA). Public Benefits Even though it has been unnecessary to obtain "bonus" development capacity to date, Developer has nevertheless provided significant public benefits to the City and its residents to implement the vison for the DD SAP. As outlined in Section 3.14.1 the 2021 Regulating Plan, Developer has provided the following public benefits to date: • Construction of the Pedestrian Passage (i.e. Paseo Ponti and Jade Alley) from Palm Court to Paradise Plaza. • Activation of Palm Court and Paradise Plaza as publicly accessible civic spaces. • Improvements to the pedestrian realm through enhanced public right-of-way investments, which include, paving, utilities, drainage, landscaping, pavers, site amenities, and street lighting throughout the DD SAP. • Public art investments throughout the DD SAP. • Artistic garage facades throughout the DD SAP. • Architectural facades throughout the DD SAP. • Marketing, operating and curating the district as a premier cultural destination in the City of Miami. • Contributions towards the Institute of Contemporary Art, Miami ("ICA"), including the donation of the underlying lots. • Payment of maintenance for the public right-of-way investments and all public benefit investments throughout the DD SAP. • FEC Right of Way Improvements, in the event one or more of the DD SAP parcels fronting the Florida East Coast Railway right-of-way ("FEC Right -of -Way") obtains a building permit for demolition or redevelopment, as described further in the Development Agreement. The already constructed privately -funded right-of-way, art improvements in the District, ongoing maintenance costs and contribution towards ICA, amount to almost $58 million in public benefits,8 plus the total benefit to the City (including the actual construction of ICA) amount to over $119 million in public benefits. See below list of public benefits to date with developer costs and total benefits to the City. Together with the future improvements described below — the public benefits will result in a total value of over $122 million. ' See Section 2.1.1 of the 2021 Regulating Plan. Note that the transfer of density or intensity from any portion of the DD SAP to the Tuttle Sites is not permitted. 8 This amount does not reflect the additional benefit provided by the Applicant for the four (4) publicly accessible parking garages, privately financed by the Developer. In addition, operational costs are currently subsidized by the Developer to maintain inexpensive public parking in the District. 5 59457372; 1 Public Benefit Developer Costs Total Benefit Public Right of Way Investments Paving, Utilities, Drainage $ 6,296,731 Landscaping $ 12,883,112 Pavers $ 2,065,328 Site Amenities $ 906,729 Street Lighting $ 1,863,832 Subtotal $ 24,015,732 Less Public Funding $ (4,250,000) Less Standard Right of Way Work $(6,000,000) Total Public Right of Way Investment $13,765,732 $ 24,015,732 Public Art Investments $6,908,000 $6,908,000 Artistic Garage Facades $8,744,475 $8,744,475 Contribution towards ICA9 $23,600,000 $75,000,0001° Ongoing Maintenance Costsll $4,900,000 $4,900,000 PUBLIC BENEFITS PROVIDED IN DD SAP $57,918,207 $119,568,207 All public benefits described above are unique to the Design District and could not be replicated by developers of other projects. These investments have and will continue to provide real and immediate benefits to the public. Pursuant to Section 3.14.2, Tuttle South is eligible for Bonus Height, as established in Illustration 5.6 for Block 1 East East, due to the public benefits that the Miami Design District DD SAP project has provided to the City to date, in addition to the future public benefits as described in Section 3.14.3 (see below). In order for development within the Gateway Sites (Tuttle North and South) to achieve an FLR of 10.4 (i.e. Bonus FLR) and Tuttle South to achieve a height of thirty-six (36) stories (i.e. Bonus Height), the following future public benefits and criteria must be met: (1) the Planning Director shall make a determination that the project on the Gateway Site is of exceptional architectural merit; j2) the applicant shall create 10,000 square feet of Civic Space within the Gateway Site, which shall be publicly accessible; (3) the applicant shall fund and place artwork in the dedicated Civic or Open space within the Gateway Site, which shall be publicly accessible; (4) the applicant agrees to comply with the following design elements in Section 5.6.4(d) and (j), respectively of the Regulating Plan: 9 Donation of the underlying lots for the Institute of Contemporary Art, Miami ("ICA"). 10This amount has been raised to fund ICA for 10 years. 11 This is an estimate of the net present value of maintenance costs over 20 years. 6 59457372; 1 • For any above or below ground parking structures located at the intersection of two Thoroughfares, a retail Liner shall be provided for a minimum of fifty feet (50') in order to complement the surrounding architecture. • Above -grade parking may extend into the Second Layer above a first floor liner with decorative facade treatment matching the liner facade below or an art or green wall. Underground parking may extend above grade into a first floor Liner if the Building Facade is designed to meet the Sidewalk in such a manner that fully obscures the Parking Area. (5) the applicant agrees to meet with representatives of the Bay Point Property Owners and Buena Vista East Historic Neighborhood Association not less than fifteen (15) days in advance of submitting any redevelopment site plans for the Gateway Site to the City of Miami; and (6) the applicant shall construct and maintain enhanced street right-of-way improvements including lighting, landscaping, and other non-standard improvements in the right-of-way immediately fronting the Gateway Site, consistent with other non-standard improvements throughout the district. An additional $2-5 million in public infrastructure and $1-3 million in public art spending are estimated in conjunction with future DD SAP projects, inclusive of the Gateway Site. Please acknowledge receipt of this letter in furtherance of the Annual Review of the Miami Design District Retail Street DD SAP, with respect to development activities of the Developer. Feel free to reach out to us with any questions or additional information. Thank you in advance for your time and attention to this matter. cc: Cesar Garcia -Pons Alex Schapiro Neisen O. Kasdin, Esq. Enclosures Sincerely, Marossa R. Amuial 7 59457372; 1 Exhibits are on file with the City of Miami Planning Department and are incorporated herein. SKETCHH WO ACC 1V i ANY 'LOGIN. L DEISCRFP-41"IrGN EXHIBIT "A" N s LOCATION SKETCH ti 4 SCALE: 1' = 150' E N G, P8 P7 - T N.E. 40th STREET P 4 1---P0--PY2,--P11-1 p10-1-P9 T a P5 ' ' J P6 ? f 4 p3 --P2; P1 2 N.W. 39TH STREET H I L T 16,1j 1-T 1 _J_ LEGEND & ABBREVIATIONS: SURVEYOR'S CERTIFICATE: = CENTER LINE V'1 = MONUMENT LINE LB = LICENSED BUSINESS PB = PLAT BOOK PG = PAGE (P) = PER PLAT SURVEYOR'S NOTES: I HEREBY LEGAL DESCRIPTION" CHARGE SURVEYING BOARD OF 5J-17, FLORIDA 472.027, THE OFFICIAL CERTIFY AND COMPLIES AND MAPPING PROFESSIONAL FLORIDA RECORD THAT THE ATTACHED "SKETCH TO ACCOMPANY WAS PREPARED UNDER MY RESPONSIBLE WITH THE STANDARDS OF PRACTICE FOR AS SET FORTH BY THE STATE OF FLORIDA SURVEYORS AND MAPPERS IN CHAPTER ADMINISTRATIVE CODE, PURSUANT TO CHAPTER STATUTES. OF THIS SHEET IS THE ELECTRONIC FILE - - LEGAL PROVIDED THIS EAST, Digitally Date: DESCRIPTION SITE CITY BY LIES OF LIMITS THE CLIENT. IN SECTION MIAMI, MIAMI-DADE signed 2023.01.19 THIS WERE IS 24, DETERMINED NOT TOWNSHIP COUNTY, A by 14:3 SURVEY. 53 SOUTH, FLORIDA. WOLFGANG BY 5:5 INSTRUCTIONS RANGE 8-05'00' 41 DIGITALLY THIS IS NOT BISCAYNE 529 WEST (305)-324-7671 STATE OF LB-0000129 S WOLFGANG PROFESSIONAL STATE OF SIGNED ENGINEERING FLAGLER FLORIDA HUECK A SURVEY. HUECK, SURVEYOR AND SEALED COMPANY, STREET, DEPARTMENT PSM, UNDER RULE 5J-17-062, F.A.C. INC. MIAMI, FL. 33130 OF AGRICULTURE FOR THE FIRM AND MAPPER NO. 6519 DATE: Jan 19, 2023 — 2 32pm EST FILE F:ASURVEY\PROJECTS\87000's\87512 MIAMI DESIGN DISTRICT— SURVEY NORTH AND SOUTH\2. CAD\2. DWG\87512— LEGAL DESCRIPTION LESS PARCEL Adwg DRAWING No. 2632-SS-05-A BY WH FIELD BOOK:N/A THIS IS NOT A SURVEY PROJECT: Miami Design District Associates DATE: 01-19-20 REV DATE: BEC ORDER# 03-87512 SHEET 1 OF 7 DRAWN BY R.C. CLIENT MIami Design District Associates g l'. BISCAYNE ENGINEERING SURVEYORS ENGINEER PLAN RS •SINCE 1898• 529 W. FTEL L (305) ER 3241A -7671FL 33130 449 NW 35TEL ST(5601) CA 09 2309 , FL 33431 E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM S'N'Em HH TAG ACcG�MrPANY LEGAL DESCR ISorrI GN EXHIBIT "A" LEGAL DESCRIPTION: PARCEL 1 LOTS 3, 4 AND 5, BLOCK 1, BILTMORE COURT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 37, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 2 LOT 6, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 3 LOTS 7 AND 8, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALSO DESCRIBED AS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 8, BLOCK 1, SAID POINT BEING ON THE NORTH RIGHT OF WAY LINE OF NE 39TH STREET; THENCE N00°00'00"E, ALONG THE WEST LINE OF SAID LOT 8 A DISTANCE OF 93.45 FEET; THENCE N90°00'00"E, ALONG THE NORTH LINE OF SAID LOTS 7 AND 8 BLOCK 1 A DISTANCE OF 100.00 FEET; THENCE S00°00'00"E, ALONG THE EAST LINE OF SAID LOT 7, BLOCK 1 A DISTANCE OF 93.45 FEET TO THE NORTH RIGHT OF WAY LINE OF NE 39TH STREET; THENCE N90°00'00"W, ALONG SAID NORTH RIGHT OF WAY LINE OF NE 39TH STREET A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. PARCEL 4 LOTS 9 AND 10, LESS THE NORTH 0.28 FEET OF LOT 10, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA. PARCEL 5 LOT 11, LESS THE NORTH 2 INCHES OF THE EAST 2 FEET AND LESS THE WEST 10 FEET, AND LOT 12 LESS THE WEST 10 FEET, BLOCK 1, OF BILTMORE COURT, AS RECORDED IN PLAT BOOK 7 PAGE 37, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA. PARCEL 6 LOT 13, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7 PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS THE WEST 10 FEET OF SAID LOT 13, AND LESS THE FOLLOWING DESCRIBED PROPER TY: FROM THE SOUTHEAST CORNER OF LOT 13, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7 PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID LOT 13 FOR A DISTANCE OF 82.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE RUN NORTHWESTERLY ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 15 FEET THROUGH A CENTRAL ANGLE OF 90' 00' 00" WITH AN ARC DISTANCE OF 23.56 FEET TO A POINT OF TANGENCY ON A LINE 10 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 13; THENCE RUN SOUTH ALONG A LINE 10 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 13 FOR A DISTANCE OF 10 FEET TO A POINT; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 25 FEET THROUGH A CENTRAL ANGLE OF 36' 52' 12" WITH AN ARC DISTANCE OF 16.09 FEET TO THE POINT OF BEGINNING. SEE PAGE 3 FOR CONTINUATION. DATE: Jan 19, 2023 - 2.32pm EST FILE: F:ASURVEY\PROJECTS\87000's\87512 MIAMI DESIGN DISTRICT- SURVEY NORTH AND SOUTH\2. CAD\2. DWG\87512- LEGAL DESCRIPTION LESS PARCEL A.dwg DRAWING No. 2632-SS-05-A BY WH FIELD BOOK:N/A THIS IS NOT A SURVEY PROJECT: Miami Design District Associates DATE: 01-19-20 REV DATE: BEC ORDER # 03-87512 SHEET 2 OF 7 DRAWN BY R.C. CLIENTMiami Design District Associates BISCAYNE ENGINEERING SURVEYORS ENGINEERS PLANNERS • SINCE 1898 • 529 W. FLAGLER ST, MIAMI, FL 33130 TEL. (305) 324-7671 449 NW 35TH ST, BOCA RATON, FL 33431 TEL. (561) 609-2329 E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM S'N'Em HH TAG ACcG�MrPANY LEGAL DESCR ISorrI GN EXHIBIT "A" LEGAL DESCRIPTION: (CONTINUED) PARCEL 7 LOTS 14, 15, 16, 17 AND 18, IN BLOCK 2, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS IN FAVOR THE CITY OF MIAMI, FLORIDA, A MUNICIPALITY OF THE STATE OF FLORIDA, RECORDED IN OFFICIAL RECORDS BOOK 23151, PAGE 4667. PARCEL 8 LOTS 19, 20, 21, 22, 23 AND 24, LESS THE WEST 10 FEET OF LOTS 21, 22, 23 AND 24, ALL IN BLOCK 2, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 9 LOTS 10 AND 11, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE 132, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 10 LOTS 12, 13 AND 14, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 11 LOTS 15 AND 16, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 12 LOTS 17 AND 18, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 13 LOTS 19 AND 20 AND THE EAST 5 FEET OF LOTS 21, 22, 23 AND 24, BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND THE NORTH 2 INCHES OF LOT 10, AND THE NORTH 2 INCHES OF THE EAST 2 FEET OF LOT 11, BLOCK 1, OF BILTMORE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 37, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 14 THE WEST 102 FEET OF LOTS 21, 22, 23 AND 24, LESS THE WEST 10 FEET THEREOF BLOCK 3, OF AMENDED PLAT OF COMMERCIAL BILTMORE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 132, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. DATE: Jan 19, 2023 - 2.33pm EST FILE: F:ASURVEY\PROJECTS\87000's\87512 MIAMI DESIGN DISTRICT- SURVEY NORTH AND SOUTH\2. CAD\2. DWG\87512- LEGAL DESCRIPTION LESS PARCEL A.dwg DRAWING No. 2632-SS-05-A BY WH FIELD BOOK:N/A THIS IS NOT A SURVEY PROJECT: Miami Design District Associates DATE: 01-19-20 REV DATE: BEC ORDER # 03-87512 SHEET 3 OF 7 DRAWN BY R.C. CLIENTM•am•I Design District Associates BISCAYNE ENGINEERING SURVEYORS ENGINEERS PLANNERS • SINCE 1898 • 529 W. FLAGLER ST, MIAMI, FL 33130 TEL. (305) 324-7671 449 NW 35TH ST, BOCA RATON, FL 33431 TEL. (561) 609-2329 E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM SJICEPTCHr TO ACC 1V i ANY LEGAL DELseRFP TF GN GRAPHIC 0 SCALE 20 40 EXHIBIT "A" N ��' m 1 & z 0 :Tr7-roi , , ( IN FEET ) EN 01 1 INCH = 40 FT. + - S87°32'03'W(C) 7u0 307.30'(C) 10 S87°32'03"W(C) L=39.27'(C) _ R=25.00'(C) A=90°00'23"(C) t ' o N.E. 40th STREET f ' o I 'S .., ��c\I N 97 (P) 24 IL- VI 25'(P) 25'(P) AMENDED 25'(P) BLOCK PLAT OF 25'(P) 2 COMMERCIAL 25'(P) BILTMORE 25'(P) 25' Ici 35' N 97'(P) 23 THE WEST 102 FEET OF LOTS 21, 22, 23, AND 97'(P) _Ie- IN 24 (L) I THE EAST 5 FEET 20 0 (L) 19 0 P.B. 6, 18 0 PG. 132 17 ----0o 16 '121" 15 a �n N PARCEL 22 14 � ) t N --1 JI Z=� ti n W O LL N W IN ~ Z WLL N N N W N wZLu 2�J w� --.12 - o w LL PARCEL 25'(P) 50 13 25'(P) (P) 25'(P) 50'(P) 12 25'(P) 25'(P) N90°00'00"E(L) BLOCK BILTMORE 11 25'(P) 50'(P) 1 COURT 2 + UJ•J J _ U 10' (L) 1- PARCEL 5 P.B. 7, PG. 37 97 (P) BLOCK 1 it, in In X —5'-_ 35' a_ o BILTMORE COURT P.B. 7, PG. 37 - 12 97'(P) M 10 M m Q PARCEL 9 H ° 4 o0 8 o al 0 z o, N co Ln r-o13in ,MI PARCEL 6 LESS -OUT SEE PAG. 8 ri 97'(P) M 50'(P) 50'(P) PARCEL 3 T� °' N90'00'00' (L) 5' z L=23.56'(L) R=15'(L)- ==90°00'00"(L) i N N.E. 39th STREET PARCEL P.O.B.J + + 289.53'(C) I S87°30'42 W(C) ip 243.03'(C) S87°30'42"W(C) 1.T ' I DATE: Jan 19, 2023 — 2 33pm EST FILE F:ASURVEY\PROJECTS\87000's\87512 MIAMI DESIGN DISTRICT— SURVEY NORTH AND SOUTH\2. CAD\2. DWG\87512— LEGAL DESCRIPTION LESS PARCEL Adwg DRAWING No. 2632-SS-05-A BY FIELD BOOK:N/A THIS IS NOT A SURVEY PROJECT: Miami Design District Associates DATE: 01-19-20 REV DATE: BEC ORDER# 03-87512 SHEET 4 OF 7 DRAWN BY R.C. CLIENT MIaflll Design District Associates g /). B ENGINEERING I SCAYN ESURVEYORS ENGINEER PLAN RS •SINCE 1898• 529 W. FTEL L (305) ER 324ST, M1A -7671FL 33130 449 NW 35TEL ST(5601) CA 09 2309 , FL 33431 E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM SICE-rr HH TAG ACcG�MrPANY LEGAL DESCR ISM11 GN GRAPHIC SCALE 0 20 40 ( IN FEET ) 1 INCH = 40 FT. ( N 407.41'(C) 7 NO2°27'57"W(C) 33.00'(C) N.E. 40th STREET 25'(P) AMENDED I 114 I W I (P) 25(P) = r 100.00'(L) U 50'(P) < • IQ 1 1 0 0 0 25'(P) 25'(P) 25'(P) BLOCK 2 PLAOF COMMERCIAL P.B. 6, PG 132 13 0 0 0 PARCEL 10 7 PARCEL 3 S00°00'00"E( 0 12 11 25'(P) 50'(P) 25'(P) BILTMORE 0 0 0 10 PARCEL 9 0 0 0 25'(P) 25'(P) BLOCK 1 BILTMORE COURT P.B. 7, PG. 37 n • 50'(P) 1100.00'(L) 6 PARCEL 2 50'(P) 0 LC) M m 25'(P) 9 25'(P) 0 0 0 25'(P) 8 25'(P) 0 0 0 25'(P) 25 ( O 7 0 0 P) 25'(P) 6 25 (P) 0 0 0 25'(P) 5 25'(P) O 0 0 50'(P 5 50'(P) BLOCK 1 BILTMORE COURT P.B. 7, PG. 37 O LC) 4 r7 m 50'(P) N.E. 39th STREET PARCEL 1 50'(P) 3 • O LC) r7 m 50'(P) } 0 (Ni 289.53'(C) 25'(P) 4 25'(P) 50'(P) 50'(P) 50'(P) S02°29'18"E(C) 25.00'(C) 1 4- ir) — } DATE: Jan 19, 2023 — 2.33pm EST FILE: F:ASURVEY\PROJECTS\87000's\87512 MIAMI DESIGN DISTRICT— SURVEY NORTH AND SOUTH\2. CAD\2. DWG\87512— LEGAL DESCRIPTION LESS PARCEL A.dwg DRAWING No. 2632-SS-05-A BY WH FIELD BOOK:N/A THIS IS NOT A SURVEY PROJECT: Miami Design District Associates DATE: 01-19-20 REV DATE: BEC ORDER # 03-87512 SHEET 5 OF 7 DRAWN BY R.C. CLIENTM•am•I Design District Associates BISCAYNE ENGINEERING SURVEYORS ENGINEERS PLANNERS • SINCE 1898 • 529 W. FLAGLER ST, MIAMI, FL 33130 TEL. (305) 324-7671 449 NW 35TH ST, BOCA RATON, FL 33431 TEL. (561) 609-2329 E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM SMEMICH TAG ACC 1V i ANY LiEIGAL DELLSCRIStui _ EXHIBIT "A" N GRAPHIC SCALE 1-- 0 20 40 .7�LA 11 y \4 ( IN FEET 1 INCH = ) 40 FT. r , ti` •E N c'� I I I^ In No Ln 12 I 107.15'(P) _ BLOCK "BILTMORE" in o P.B. 6, 10 50'(P) 9 PG. 67 ii In 0 — 50'(P) MUSEUM SUBDIVISION �n P.B. 172, PG. 98 i1; TRACT A o S87°32'53"W(C) 35.00'(C) 107'(P) - 25'(P) 25(P) 25'(P) 25'(P) 25'(P) 25(P) 25'(P) 5'f 35' NiN U 3 24 4n N 107'(P) 23 107'(P) d n 22 ;n N 0 n N _ d In N 20 19 AMENDED 18 ' PLAT P.B. 17 BLOCK 2 OF COMMERCIAL 6, PG. 16 PARCEL 7 BILTMORE 132 15 14 5' o N o Z F----- 107'(P) 21 8 N 25'(P) ..-1..-1-.PARCEL 25'(P) 25'(P) 25'(P) 25'(P) 35 25'(P) 25'(P) f I 0 0 0 06 S02°27'57"E(C)/ N N 33.00'(C) K:- S87°32'03"KC) 10 307.30'(C) 1 —•J S87°32'03"W(C) } f f } DATE: Jan 19, 2023 - 2 33pm EST FILE F:ASURVEY\PROJECTS\87000's\875I2 MIAMI DESIGN DISTRICT- SURVEY NORTH AND SOUTH\2. CAD\2. DWG\87512- LEGAL DESCRIPTION LESS PARCEL Adwg DRAWING No. 2632-SS-05-A BY FIELD BOOK:N/A THIS IS NOT A SURVEY PROJECT: Miami Design District Associates DATE: 01-19-20 REV DATE: BEC ORDER# 03-87512 SHEET 6 OF 7 DRAWN BY R.C. CLIENT MIaflll Design District Associates g /). B ENGINEERING I SCAYN ESURVEYORS ENGINEER PLAN RS •SINCE 1898• 529 W. FTEL L (305) ER 3241A -7671FL 33130 449 NW 35TEL ST(5601) CA 09 2309 , FL 33431 E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM SICE-Fr HH TAG ACcG�MrPANY LEGAL DESCR IsorrI GN 5' ut t'S GRAPHIC SCALE 0 10 20 m 7 ( IN FEET ) 1 INCH = 20 FT. 35' WEST LINE OF LOT 13 (L) 10' L=23.56'(L) R=15'(L) =90'00'00"(L) L=16.09'(L) R=25'(L) 0=36°52'12"(L) 9 12 97'(P) LESS —OUT PARCEL 6 J BLOCK 1 BILTMORE COURT P.B. 7, PG. 37 13 82'(L) 97'(P) 0 Ln M P.O.B. PARCEL 6 f\-SOUTH LINE OF LOT 13 (L) N S.E. CORNER OF LOT 13 f N.E. 39th STREET DATE: Jan 19, 2023 — 2.33pm EST FILE: F:ASURVEY\PROJECTS\87000's\87512 MIAMI DESIGN DISTRICT— SURVEY NORTH AND SOUTH\2. CAD\2. DWG\87512— LEGAL DESCRIPTION LESS PARCEL A.dwg DRAWING No. 2632-SS-05-A BY WH FIELD BOOK:N/A THIS IS NOT A SURVEY PROJECT: Miami Design District Associates DATE: 01-19-20 REV DATE: BEC ORDER # 03-87512 SHEET 7 OF 7 DRAWN BY R.C. CLIENTM•am•I Design District Associates BISCAYNE ENGINEERING SURVEYORS ENGINEERS PLANNERS • SINCE 1898 • 529 W. FLAGLER ST, MIAMI, FL 33130 TEL. (305) 324-7671 449 NW 35TH ST, BOCA RATON, FL 33431 TEL. (561) 609-2329 E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. 8. Any and all documents submitted must be accompanied by a cover ter ind ingithe subject matter, application number and hearing date. �� Iris Escarra, Esquire Applicant(s) Name Printed Appiicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 6-20 day oft'r:-�..r,, 20 23 , by Iris Escarra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is IR personally known to me or 0 who has produced as identification and who 0 did ❑did not take an oath. (Stamp) MARISOL RODRIGUEZ Notary Public - State of Florida 4 = Ly; Commission # HH 342609 `mr`" My Comm. Expires Dec 19, 2026 Rev. 04-16-2019 Note: Annual Registration Expires on 12/31/2022 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Escarra, Iris (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES 0 (vou must check YES or NO) Business Phone:305-579-0737 Email: escarrai@gtlaw.com Business Address (include Zip Code): 333 SE 2nd Avenue, 44th Floor, Miami, FL 33131 (2) Principal Represented: (3) RFD NORTH 39 LLC (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW= THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable vou must type or print "None" or "N/A". Please see Ownership Disclosure attached hereto. (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Zoning Entitlements Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 11/2021) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must type or print `None" or "N/A". None Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 throng '- 658 of e Miami City Cede, as.. amended. STATE OF Florida COUNTY OF Miami -Dade Signature of Lobbyist? Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization, this day , by Iris Escarra (Month) • (Year) (Name of person making statement) Sig - _ of NotA ublic .i(&Li- Q0jeilio Personally Known: OR Produced Identification: Type of Identification Produced: Name of Notary Typed, Printed or Stamped (NOTARY SEAL) JANET ROSILLO Notary Public - State of Florida Commission # HH 140357 ,..oc ; My Comm. Expires Jun 10, 2025 FOR OFFICE USE ONLY: Check # 952 Receipt # Se' '.2 CM-LRF (Rev. 11/2021) Page 2 of 2 OWNERSHIP DISCLOSURE RFD NORTH 39 LLC The following individual owns at least five percent (5%) of RFD NORTH 39 LLC: H.E. Sheikh Hamad bin Jassim bin Jabr AL-THANI Note: Annual Registration Expires on 12/31/2022 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Escarra, Iris (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES Business Phone: 305-579-0737 Business Address (include Zip Code): 0 (you must check YES or NO) Email: escarrai@gtlaw.com 333 SE 2nd Avenue, 44th Floor, Miami, FL 33131 (2) Principal Represented: RFD SOUTH 40 LLC (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 (3) IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". Please see Ownership Disclosure attached hereto. (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Zoning Entitlements Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 11/2021) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". None Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and tort t, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 throw 2-658 o tl�e—Miami City Code, as amended. STATE OF Florida COUNTY OF Miami -Dade Signature of Lobbyist Sworn to (or affirmed) and subscribed before me by means of 11'Jphysical presence or of lektiehlif (Month) , 2022 Signa`ttl a of Notary Public Personally Known: Type of Identification Produced: by Iris Escarra (Year) (Name of person making statement) online notarization, this 2 day OR Produced Identification: fiNf.s4 (2,05A Name of Notary Typed, Printed or Stamped • (NOTARY SEAL) JANET ROSILLO Notary Public - State of Florida Commission # NH 140357 FA' My Comm. Expires Jun 10, 2025 FOR OFFICE USE ONLY: Check # 9 5 23L8 Receipt # _/ , 7 CM-LRF (Rev. 11/2021) Page 2 of 2 OWNERSHIP DISCLOSURE RFD SOUTH 40 LLC The following individual owns at least five percent (5%) of RFD SOUTH 40 LLC: H.E. Sheikh Hamad bin Jassim bin Jabr AL-THANI Note: Annual Registration Expires on 12/31/2022 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Escarra, Iris (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES 0 (von must check YES or NO) Business Phone:305-579-0737 Email: escarrai@gtlaw.com Business Address (include Zip Code): 333 SE 2nd Avenue, 44th Floor, Miami, FL 33131 (2) Principal Represented: RFD NORTH 40 LLC (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 (3) IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". Please see Ownership Disclosure attached hereto. (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Zoning Entitlements Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 /Email: clerks@miamigov.com CM-LRF (Rev. 11/2021) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". None Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 througl, 2-658 of t ,Miami City Code, as amended.._ STATE OF Florida COUNTY OF Miami -Dade Signature of Lobbyist - Sworn to (or affirmed) and subscribed before me by means of physical presence orn online notarization, this p ' "day of Ittell&Vire , 2D22- (Month) Signature Public (Year) , by Iris Escarra Personally Known: OR Produced Identification: Type of Identification Produced: (Name of person making statement) eak lio Name of Notary Typed, Printed or Stamped (NOTARY SEAL) JANET ROSILLO Notary Public -State of Florida Commission # NH 140357 My Comm. Expires Jun 10, 2025 FOR OFFICE USE ONLY: Check # 4f 52 3a Receipt # s1)3l CM-LRF (Rev. 11/2021) Page 2 of 2 OWNERSHIP DISCLOSURE RFD NORTH 40 LLC The following individual owns at least five percent (5%) of RFD NORTH 40 LLC: H.E. Sheikh Hamad bin Jassim bin Jabr AL-THANI Note: Annual Registration Expires on 12/31/2023 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Dombrowski, Brian A. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES NO (von must check YES or NO) Business Phone: 305-579-0630 Email: dombrowskib@gtlaw.com Business Address (include Zip Code): Greenberg Traurig, P.A. 333 S.E. 2nd Avenue, 44th Floor, Miami, FL 33131 (2) Principal Represented: RFD NORTH 39, LLC (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 (3) IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". Please see Ownership Disclosure attached hereto hrrl (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attackw,sepatate j et if needed. If you are using this form for your Annual Registration, please write "Annual Re iptrati n" an the year that you are registering for (ex: Annual Registration 2023). "' cn Zoning Entitlements rr '.-; • _ Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 12/2022) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". None Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's desipee,'all reject any registration statement that does not provide a clear description of the specific issue on which sta 1' n• yist;itfis been retained to lobby or if any section of this form is left blank. Regardless of the date of the meal agistf ion, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be r>lewed p a,ca!endar year basis. �'r. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of,theckity derk a certificate of completion of an ethics course offered by the Miami -Dade County Commission or�'Etligs & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated%y the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as amended. STATE OF Florida COUNTY OF Miami -Dade (/ Signature of Lobbyist Sworn to (or affirmed) and subscribed before me by means of❑✓ physical presence or ❑online notarization, this 25 day of May (Month) 2023 (Year) r NotaryPublic , by Brian Dombrowski Personally Known: •71+1.,... OR Produced Identification: (Name of person making statement) Type of Identification Produced: Name of Notary Typed, Printed or Stbm ed P +►Y' /eat, MARIA JOSE LOPEZ • ,�, `„ ;Notary Public - State of Florida , o Commission a HH 081354 My Comm. Expires Jan 14. 2025 FOR OFFICE USE ONLY: Check # Receipt # CM-LRF (Rev. 12/2022) Page 2 of 2 OWNERSHIP DISCLOSURE RFD NORTH 39 LLC The following individual owns at least five percent (5%) of RFD NORTH 39 LLC: H.E. Sheikh Hamad bin Jassim bin Jabr AL-THANI Note: Annual Registration Expires on 12/31/2023 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK. THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Dombrowski, Brian A. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES ❑ NO (you must check YES or NO) Business Phone: 305-579-0630 Email: dombrowskib@gtlaw.com Business Address (include Zip Code): Greenberg Tra u ri g , P.A. 333 S.E. 2nd Avenue, 44th Floor, Miami, FL 33131 (2) Principal Represented: RFD NORTH 40, LLC (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 (3) IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable You must type or print "None" or "N/A". Please see Ownership Disclosure attached hereto (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registratior(S ankthe year that you are registering for (ex: Annual Registration 2023). w Zoning Entitlements Page l of 2 n ss . `1 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks(rinia4ov.com CM-LRF (Rev. 12/2022) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable You must type or print "None" or "N/A". o 0 CJ T C7 rT. lr None —4 IN)- Ca="' ON 'rt < ;ta Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525. pIt5105:10 for each principal represented for each issue lobbied on behalf of any one principal. Each issue assoilifted w?th lobbying rn shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designe sha reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as amended. STATE OF Florida COUNTY OF Miami -Dade Signatul'% of Lobbyist Sworn to (or affirmed) and subscribed before me by means of�✓ physical presence or online notarization, this 25 day of May 2023 by Brian Dombrowski (Month) (Year) Personally Known: OR Produced Identification: (Name of person making statement) Type of Identification Produced: Name of Notary Typed, Printed or Stalmped 064440100118.11 4. '`• MARIA JOSE LOPEZ Notary Public - State of rloriea Commission a HN Oat 354 •aA ' My Comm. Expires Jar 14, 2025 FOR OFFICE USE ONLY: Check # Receipt # CM-LRF (Rev. 12/2022) Page 2 of 2 OWNERSHIP DISCLOSURE RFD NORTH 40 LLC The following individual owns at least five percent (5%) of RFD NORTH 40 LLC: H.E. Sheikh Hamad bin Jassim bin Jabr AL-THANI Note: Annual Registration Expires on 12/31/2023 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Dombrowski, Brian A. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES NO (you must check YES or NO) Business Phone: 305-579-0630 Email: dombrowskib@gtlaw.com Business Address (include Zip Code): Greenberg Traurig, P.A. 333 S.E. 2nd Avenue, 44th Floor, Miami, FL 33131 (2) Principal Represented: (3) RFD SOUTH 40, LLC Business Address (include Zip Code): (Name of corporation, partnership, trust, etc., you are representing) 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". Please see Ownership Disclosure attached hereto (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a spar k e sheet if needed. If you are using this form for your Annual Registration, please write "Annual Regi tfatigtf' artdithe year that you are registering for (ex: Annual Registration 2023). c'...• ►V �.- C1 ti 1 Zoning Entitlements Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 12/2022) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member Qb a C*, board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby AtCch separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". ^ , N None -- r Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, IWO $1/5.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as amended. STATE OF Florida COUNTYOF Miami -Dade Signature of Lobbyist Sworn to (or affirmed) and subscribed before me by means of ❑✓ physical presence or ❑online notarization, this 25 day of May 2023 by Brian Dombrowski (Month) (Year) Personally Known: 1 - t m OR Produced Identification: (Name of person making statement) Type of Identification Produced: Name of Notary Typed, Printed or Stariled J:v i MARIA JOSE LOPEZ 1 ,, Notary Pubic - State of Florida ' `; Commission 0 HH 081354 i ' `•�..".` My Comm. Expires Jar 14, 2025 I FOR OFFICE USE ONLY: Check # Receipt # CM-LRF (Rev. 12/2022) Page 2 of 2 OWNERSHIP DISCLOSURE RFD SOUTH 40 LLC The following individual owns at least five percent (5%) of RFD SOUTH 40 LLC: H.E. Sheikh Hamad bin Jassim bin Jabr AL-THANI CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Middle Name: Last Name: Home Address: Home Address Line 1: Home Address Line 2: City: State: Florida Zip: Contact Information: Home Phone Number: Cell Phone Number: Fax Number: Email: BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: RFD SOUTH 40 LLC Address Line 2: 645 MADISON AVE STE 401 NEW YORK, NY 10065 Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of Amendment to Design District Special Area Plan to include properties at 35 NE 40 Street, 27 NW 39 Street, 3995 N Miami Avenue, 21 NE 39 Street, 3801 N Miami Avenue and 3819 N Miami Avenue, Miami, Florida Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? n!a If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1 Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration n/a 3. Describe what is being requested in exchange for the consideration. n/a Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING 0, LLDISCLOSURE: RC n By: RFD MDD JV, LLC, a Delaware limited liability company, Its Manager Print R MDD West, LLC, a Delaware limited liability company, as Administrative Member Miaml Design_i7istric 'ates Manager. LLC. aUeliwarc limited liability company, its Manager Signature Alex Schapiro, Vice President Sworn to and subscribed before me this I LJ day of TO. 1 Y . 2od .23 . The foregoing instrument was acknowledged before me by N i x I91i t o who has produced did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: s-ki _ if; e'' n ate- r is personally known to me and who WILL. a OLD,oluub Notary Public State of Florida M.14 I Y a mpp 8O HH 075431 Expires 04M1 Bi2025 Doc. No.:86543 Page 3 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Middle Name: Last Name: Home Address: Home Address Line 1: Home Address Line 2: City: State: Florida Zip: Contact Information: Home Phone Number: Cell Phone Number: Fax Number: Email: BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: RFD NORTH 40 LLC Address Line 2. 645 MADISON AVE STE 401 NEW YORK, NY 10065 Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of Amendment to Design District Special Area Plan to include properties at 35 NE 40 Street, 27 NW 39 Street, 3995 N Miami Avenue, 21 NE 39 Street, 3801 N Miami Avenue and 3819 N Miami Avenue, Miami, Florida Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? nla If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration nla 3. Describe what is being requested in exchange for the consideration. nla Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: RFD NORTH 40, LLC Print Na SignatuY4 ' Alex Schapiro, Vice President By: RFD MDD JV, LLC, a Delaware limited liability company, Its Manager By: MDD West, LLC, a Delaware limited liability company, as Administrative Member By: Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager Sworn to and subscribed before me this day of To I y , 20Q 093 . The foregoing instrument was acknowledged before me by /1 le x seetliipillo who has produced did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: as identification and/or is personally known to me and who WILLA akou& 010 " Notary Public State of Florida ;P Alicia Alonso ,z My Commission HH 075431 Expires 04/18/2025 Doc. No.:86543 Page 3 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Middle Name: Last Name. Home Address:' Home Address Line 1: Home Address Line 2: City: State: Florida Zip: Contact Information: Home Phone Number: Cell Phone Number: Fax Number: Email: BOSSINESS or APPLICANT or ENTITY NAME Address Line 1: RFD NORTH 39 LLC Address Line 2: 645 MADISON AVE STE 401 NEW YORK, NY 10065 Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of Amendment to Design District Special Area Plan to include properties at 35 NE 40 Street, 27 NW 39 Street, 3995 N Miami Avenue, 21 NE 39 Street, 3801 N Miami Avenue and 3819 N Miami Avenue, Miami, Florida Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? nla If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration nla 3. Describe what is being requested in exchange for the consideration. nla Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: RFD NORTH 39, LLC By: RFD MDD JV, LLC, a Delaware limited liability company, Its Manager By: MDD West, 1.I,C:, a Delaware limited liability cnmpany, as Administrative Member By: Miami Design District Associates Manager, [IC, a Deiawware liinitrrJJ liability company, its Manager Print N Signat fl.He Alex Schapiro, Vice President ''(" Sworn to and subscribed before me this '� LI day of v v' , 20b a3 The foregoing instrument was acknowledged before me by II Y TCui4ptiLo who has produced did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: is personally known to me and who Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) RFD SOUTH 40 LLC Percentage of Ownership See attached exhibit Subject Property Address(es) approximately 3995 N Miami Avenue List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): N/A Legal Description(s): N/A Alex Shapiro RFD SOUTH 40, LLC By: RFD MDD JV, LLC, a Delaware limited liabllityompany, Its Manager By: MDD West, LLC, a Delaware limited liability company, as Administ-Fativ -Member By: Miami Des] n District ssoclates Manager, LLC, a Delaware limited liability comp g'1 'ts Mager Owner(s) or Attorney Name Owner(s) of`Attorney Signature By: Alex Schapiro, Vice President STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1 `I day of TO I y 202 .'3 , by JO 101)14p;aa, lit O F IniIIMI leg,9M bit cried At focrMa ril A MI0 4, Ct:C who is a(n) individual/partner agentfcarp�ation of F11 JOUN UOILLC a(n) individual/partnership/corporation. I'She is ke personally known to me or 0 who has produced as identification and who 0 did 0 did not take an oath. atiat 00,1414) ,=s+Pei,. Notary Public State of Florida Alicia Alonzo �y My Coromisston NH 075431 d *,y Expires 0411512025 Signature (Stamp) Rev. 10-18 OWNERSHIP DISCLOSURE RFD SOUTH 40 LLC The following individuals and entities own at least five percent (5%) of RFD NORTH 39 LLC: • Craig Robins • LRE, DDM LLC • GGP-MDD, LLC • Bippy Siegal • Nadim Ashi • Constellation Miami Design, LLC DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) RFD NORTH 40 LLC Percentage of Ownership See attached exhibit Subject Property Address(es) approximately 35 NE 40 Street List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): N/A Legal Description(s) N/A Alex Shapiro RFD NORTH 40, LLC By: RFD MDD 1V, LLC, a Delaware limited liability company, Its Manager By: MDD West, LLC, a Delaware limited liability company, as Adminlstxative Menbc+r By: Miami Design District Associates Manager, LLC, a Delaware limited liability compar is Mar4ger Owner(s) or Attorney Name Owner(s)R"tdrney Signature By: Alex Schapiro, Vice President STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowle ged before me this 1 Li day of V U 1 y 20 093 by A ley �iCIsp;ia,VPiF iniaw k Sip/ iktocada r4AiJ49 LL.C. who is a(n) individual/partner agent/corp ration of iFii /J04T+J Di LLC a(n) individual/partnership/corporation. Ie he is 5 personally known to me or 0 who has produced as identification and who 0 did 0 did not take an oath. alcoi-Lo Signature fur' ' Notary Public State of Florida Alicia Alonso + My Commission HH 075431 a w' Expires 04/18/2025 Rev. 10-18 OWNERSHIP DISCLOSURE RFD NORTH 40 LLC The following individuals and entities own at least five percent (5%) of RFD NORTH 39 LLC: • Craig Robins • LRE, DDM LLC • GGP-MDD, LLC • Bippy Siegal • Nadim Ashi • Constellation Miami Design, LLC The foregoing was acknowledged before me this I "I day of DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) RFD NORTH 39 LLC Percentage of Ownership See attached exhibit Subject Property Address(es) approximately 21 NE 39 Street List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): N/A Legal Description(s): N/A Alex Shapiro Owner(s) or Attorney Name RFD NORTH 39, LLC By RFD MDD JV, LLC, a Delaware limited liability company, Its Manager .R,y MnnWest,,_a.Jaelaware-llmited.liabilitwcampany, as Administrative mber By: Miami Desi lsjrlct 4j4 elates Manager, LLC, a Delaware limited liability compa Owner(s) or Attorney Signature By: Alex Schapiro, Vice President STATE OF FLORIDA -- COUNTY OF MIAMI-DADE SU I v 20 013 , by filEX AQi0Qo1VPoF int;w inIy u kleii Pe a ales mmNage�c, e who is a(n) individual/partn Iagent/carp ration of FI Alo T' 3 4, LLC a(n) individual/partnership/corporation. I�She is personally known to me or 0 who has produced as identification and who 0 did 0 did not take an oath. afrid-o Signature Rev. 10-18 OWNERSHIP DISCLOSURE RFD NORTH 39 LLC The following individuals and entities own at least five percent (5%) of RFD NORTH 39 LLC: • Craig Robins • LRE, DDM LLC • GGP-MDD, LLC • Bippy Siegal • Nadim Ashi • Constellation Miami Design, LLC State of Florida Department of State I certify from the records of this office that RFD SOUTH 40 LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on November 28, 2022. The document number of this limited liability company is M22000017680. I further certify that said limited liability company has paid all fees due this office through December 31, 2023, that its most recent annual report was filed on March 16, 2023, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of May, 2023 Secretoty of tote Tracking Number: 4646841967CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication State of Florida Department of State I certify from the records of this office that RFD NORTH 40 LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on November 28, 2022. The document number of this limited liability company is M22000017685. I further certify that said limited liability company has paid all fees due this office through December 31, 2023, that its most recent annual report was filed on March 16, 2023, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of May, 2023 Secretoty of tote Tracking Number: 8719141909CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication State of Florida Department of State I certify from the records of this office that RFD NORTH 39 LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on November 28, 2022. The document number of this limited liability company is M22000017687. I further certify that said limited liability company has paid all fees due this office through December 31, 2023, that its most recent annual report was filed on March 16, 2023, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of May, 2023 Secretoty of tote Tracking Number: 7586714302CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication WRITTEN CONSENT FOR RFD NORTH 39, LLC The undersigned, being the Manager of RFD NORTH 39 LLC, a Delaware limited liability company (the "Company"), does hereby adopt the following resolution as the action of the Company, which shall have the same force and effect as if adopted at a formal meeting of the Member and the Manager of the Company: WHEREAS, the Company through its Manager or Alex Schapiro as its authorized signatory ("Authorized Person"), believes it is in the best interest of the Company to process the SAP Designation Application with the City of Miami. NOW, THEREFORE, it is RESOLVED, that Alex Shapiro, as Authorized Person of the Company, has been authorized, empowered and directed to do or cause to be done all such acts, actions and things that may be necessary, desired or appropriate in connection therewith, incidental thereto or in furtherance thereof, for the purpose of executing and delivering in the name of and on behalf of the Company any and all necessary documents for the purposes of the approval. RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolution in the name and on behalf of the Company by Alex Shapiro as Authorized Person of the Company, be, and are hereby authorized and empowered to be, deemed conclusive proof of the approval thereof by the undersigned; and RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of this resolution be, and they hereby are, approved, ratified and confirmed in all respects. RFD NORTH 39, LLC By: RFD MDD JV, LLC, a Delaware limited liability company, Its Manager By: MDD West, LLC, a Delaware limited liability company, as Administrative Member By: Miami Design District Associates Manager, LLC, a Delaware lir 4ted liability company, its Manager By: ACTIVE 19556426v1 Alex Sc, apiro, Vice President WRITTEN CONSENT FOR RFD SOUTH 40, LLC The undersigned, being the Manager of RFD SOUTH 40 LLC, a Delaware limited liability company (the "Company"), does hereby adopt the following resolution as the action of the Company, which shall have the same force and effect as if adopted at a formal meeting of the Member and the Manager of the Company: WHEREAS, the Company through its Manager or Alex Schapiro as its authorized signatory ("Authorized Person"), believes it is in the best interest of the Company to process the SAP Designation Application with the City of Miami. NOW, THEREFORE, it is RESOLVED, that Alex Shapiro as Authorized Person of the Company, has been authorized, empowered and directed to do or cause to be done all such acts, actions and things that may be necessary, desired or appropriate in connection therewith, incidental thereto or in furtherance thereof, for the purpose of executing and delivering in the name of and on behalf of the Company any and all necessary documents for the purposes of the approval. RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolution in the name and on behalf of the Company by Alex Shapiro, as Authorized Person of the Company, be, and are hereby authorized and empowered to be, deemed conclusive proof of the approval thereof by the undersigned; and RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of this resolution be, and they hereby are, approved, ratified and confirmed in all respects. RFD SOUTH 40, LLC By: RFD MDD JV, LLC, a Delaware limited liability company, Its Manager By: MDD West, LLC, a Delaware limited liability company, as Administrative Member By: Miami Design District Associates Manager, LLC, a Delaware limitec�,]iability company, its Manager By: ACTIVE 19556426v1 Alex SchcS; Vice President WRITTEN CONSENT FOR RFD NORTH 40, LLC The undersigned, being the Manager of RFD NORTH 40 LLC, a Delaware limited liability company (the "Company"), does hereby adopt the following resolution as the action of the Company, which shall have the same force and effect as if adopted at a formal meeting of the Member and the Manager of the Company: WHEREAS, the Company through its Manager or Alex Schapiro as its authorized signatory ("Authorized Person"), believes it is in the best interest of the Company to process the SAP Designation Application with the City of Miami. NOW, THEREFORE, it is RESOLVED, that Alex Shapiro, as Authorized Person of the Company, has been authorized, empowered and directed to do or cause to be done all such acts, actions and things that may be necessary, desired or appropriate in connection therewith, incidental thereto or in furtherance thereof, for the purpose of executing and delivering in the name of and on behalf of the Company any and all necessary documents for the purposes of the approval. RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolution in the name and on behalf of the Company by Alex Shapiro as Authorized Person of the Company, be, and are hereby authorized and empowered to be, deemed conclusive proof of the approval thereof by the undersigned; and RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of this resolution be, and they hereby are, approved, ratified and confirmed in all respects. RFD NORTH 40, LLC By: RFD MDD JV, LLC, a Delaware limited liability company, Its Manager By: MDD West, LLC, a Delaware limited liability company, as Administrative Member By: Miami Design District Associates Manager, LLC, a Delaware limit e Hal)* ity company, its Manager By: ACTIVE 19556426v1 Alex Schat ra, Vice President DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY itv .af Aiatni 03-05-2021 -, Co In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): RFD SOUTH 40, LLC Address/ City / State / Zip: 3995 N Miami Avenue, Miami, Florida 33137 Phone No: 305 531 8700 Email: I, Alex Shapiro , hereby certify that all the addresses listed on this application are (please check one of the following): [ ] homestead properties. [ ] non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [x] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): Pending_fines and open violation are being addressed. I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found toRFD nSOUot TH 4be0,LLin Ccompliance with Section 2-208 of the City Code or with any covenant conditions attachyd to the land. By: RFD MDD JV, LLC, a Delaware limited liability company, Its Manager f• i�•.• By: MDD West, LLC, a Delaware limited liability company, as Administrative Member By: Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager 1— )q •23 I Si};n,•ituee of the Property Owner By: Alex Schapiro, Vice President } State of Florida } County of Miami -Dade Date Sworn to and subscribed before me by means of . physical presence OR online notarization) this } day of J 1) iv 20 23 by 11 )EX ,PCOMPRO Personally known ( tor Produced Identification ( ) Type of Identification produced Page 1 of 1 Abon Pc% Notary Pink State of Florida `F Alicia Afinso 0.'4 My Commission NH 075431 tii'or ndr Ewes 04/1e/2025 Hitt of 4 .htntiti DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City, Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 901h day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): RFD NORTH 40, LLC Address/ City / State / Zip: 35 NE 40 Street, Miami, Florida 33137 Phone No: 305 531 8700 I, Alex Shapiro (please check one of the following): [ ] homestead properties. Email: , hereby certify that all the addresses listed on this application are [ ] non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [x] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): Pending fines being addressed. I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions RFD NDIUH4D, UC attached I the land. By: RFD MDD 1V, 11C, a Delaware limited liabIllty company, its Manager ey: MDD West, LLC, a Delaware limited liability company, as Administrative Member IyJNlaml Design 17rstrlct Associates Manager, LLC. a Delaware limited+Il Ibliity company, its Manager Signature of the Property Owner Alex Schapiro, vice President Date } State of Florida } County of Miami -Dade Swor o and subscribed before e by means of phy ical presence OR online notarizatio this ' day of j) i� 2p mby f j E' xC r-�lilpat o Personally known ((or Produced Identification ( ) Type of Identification produced (SEAL) Page 1 of DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY Tag of Atianti 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city hen or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): RFD NORTH 39 LLC Address/ City / State / Zip: 21 NE 39 Street, Miami, Florida 33137 Phone No: 305-531-8700 Email: I Alex Shapiro , hereby certify that all the addresses listed on this application are (please check one of the following): [ ] homestead properties. [ ] non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. DC] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): _ Pending fines are being addressed. I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions RFD NORTH 39, LLC By: RFD MDD JV, LLC, a Delaware limited liability company, Its Manager By: MDD West, LLC, a Delaware limited liability company, as Administrative Member By: Miami Design District Associates Manager, LLC, a Delaware hrr ll�bility c��ompany, its Manag 7. attached to the land. Signature of the Property Owner By: Alex Schapiro, Vice President Date } State of Florida } County of Miami -Dade Sworn . nd subscribed before me by mea s of__,,_physical presence OR online notarization this )i day of tJl U Y 20 a? , by 14 ]E it ►ipt'Q V Personally known () or Produced Identification ( ) Type of Idefrtification produced (SEAL) ClItti, y+► Notary Public State of Florida Alicia Alonso My Commission HH 075431 o n. Expires 04/18/2025 Page 1 of 1 e) The Zoning Specialists Group, Inc. September 28, 2023 City of Miami Hearing Boards Section Miami Riverside Center 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 RE: Property Owners List within 500 feet of: FOLIOS: 01-3124-027-0180, -0430 and 01-3124-029-0080 PREPARED FOR: GREENBERG TRAURIG LLP ORDER: 230915 TOTAL NUMBER OF LABELS: 136 This is to certify that the attached ownership list in Excel, map and mailing matrix is a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on the file in Miami -Dade County Tax Assessor's Office. This list is valid for 6 months from the original date. Sincerely, THE ZONING SPECIALISTS GROUP, INC. Omara R Lopez, For the Firm 7729 NW 146th Street • Miami Lakes, FL 33016 Phone: 305 828-1210 www.thezoningspecialistsgroup.com OWNER'S NAME MAILING STREET ADDRECITY Courtney Properties LLC 5151 Pine Tree Dr Miami Beach Courtney Properties LLC 5151 Pine Tree Dr Miami Beach Ultra Five LLC CIO One SE 1370 Washington Ave Ste Miami Beach Ingrid Magarin 31 NW 41st St Miami 202 Fund Inc 4131 Thomas St Hollywood Lvr Investments LLC Soutf 8420 SW 148th Dr Palmetto Bay Ludes Nicole Estate Of 65 NW 41st St Miami Design 50 LLC 2100 Coral Way Ste 704 Miami Cervil Clervil 42 NW 42nd St Miami Nw 42Nd Street LLC 3921 Alton Rd # 465 Sylvanie Abraham 32 NW 42nd St Perpetual Love 4136 LLC 3921 Alton Rd # 465 Perpetual Love 4128 LLC 3921 Alton Rd # 465 Perpetual Love 4136 LLC 3921 Alton Rd # 465 Miami Beach Miami Miami Beach Miami Beach Miami Beach Miami La La La LLC CIO F 30 Wall Street 11 Th Floor New York 20 Nw 41St Street And 24 100 Wall St Frnt 2nd 20 Nw 41St Street And 24 100 Wall St Frnt 2nd Julio Villegas 30 NW 41st St Lifestyle Makeover LLC 22416 N 37th Run New York New York Miami Phoenix Nw 41St Property LLC 1901 Ponce De Leon Blvd Coral Gables Pebble Lane LLC 52 Pebbble Lane Roslyn Heights Felipe Raul Gonzalez 1408 Brickell Bay Dr Apt 6 Miami Matthew Cunningham Clai 71 NW 40th St Miami Wendy S Reyes 61 NW 40th St Miami Nea Investments LLC 10430 SW 19th St Miami Nea Investments LLC 6780 Coral Way Miami Nea Investments LLC 10430 SW 19th St Miami Living Room Properties Inc 921 SW Washington St St Portland Living Room Prop Inc 921 SW Washington St Portland Living Room Prop Inc 921 SW Washington St St Portland Cholla 3946 LLC CIO L3 C410 N Michigan Ave Ste 8:Chicago Cholla 3946 LLC C/O L3 C410 N Michigan Ave Ste 8:Chicago Maron Moss Claudia I Mos44 NW 40th St William A Ramos 54 NW 40th St Tracey Altidor 60 NW 40th St Joseph C Ford & W Giselk 70 NW 40th St Aurea Salgado 69 NW 39th St Dieuseul Norelus & W Ves 55 NW 39th St Francisco Serrano 47 NW 39th St William Ramos Rodriguez 43 NW 39th St Design District 39 LLC Mdda Acquisitions LLC Sun King LLC Sun King LLC Mdda Glass Onion LLC Mdda Glass Onion LLC Mdda Glass Onion LLC Miami Miami Miami Miami Miami Miami Miami Miami 20900 NE 30th Ave Ste 91 Miami 3841 NE 2nd Ave Ste 400 Miami 3841 NE 2nd Ave Ste 400 Miami 3841 NE 2nd Ave Ste 400 Miami 3841 NE 2nd Ave Ste 400 Miami 3841 NE 2nd Ave Ste 400 Miami 3841 NE 2nd Ave Ste 400 Miami Esj Design District 40 LLC 20900 NE 30th Ave Ste 91 Miami Design District 48 LLC 20900 NE 30th Ave Ste 91 Miami Carmetha Smith Le Rem A 52 NW 39th St Miami Design District 56 LLC 20900 NE 30th Ave Ste 91 Miami Fenel M Eloi Trs Mercelita 68 NW 39th St Miami Fritz Armand & W Marie & 61 NW 38th St Miami Lvr Investments LLC Soutf 8420 SW 148th Dr Lvr Investments LLC Soutf 8420 SW 148th Dr 3800 N Miami Avenue LLC 10744 Richmond PI Jeffrey T Jernigan 7 NE 42nd St Jeffrey T Jernigan 7 NE 42nd St Gloria Elena Echeverri Kat Unit 203 Evelyn Andre Christine An,32 NE 42 St Palmetto Bay Palmetto Bay Hollywood Miami Miami Miami Beach Miami John Gilpin Le Rem Andre 20109 NW 34th Ave Miami Gardens Antonio Jose Grullon 51 NE 42nd St Miami Travis John Cott Damaris 159 NE 42nd St Miami Patricia Archer 65 NE 42nd St Miami Cariz Real Estate HoldingE4855 Hibbs Grove Ter Cooper City 91 Ne 42Nd St LLC 927 Lincoln Rd Ste 212 Miami Beach Dayssi Magdalena Rueda 4135 NE 1st Ave Miami Basil Binns II 4120 NE 1st Ave Miami 80 Ne 42Nd Street LLC 5801 Biscayne Blvd Miami Institute Of Contemporary 61 NE 41st St Miami Institue Of Contemporary )4040 NE 2nd Ave Ste 200 Miami Institue Of Comtemporary 61 NE 41st St Miami Grupo Quadro Real Estate4141 NE 2nd Ave Ste 106)Miami Sarima Gracia Vega 36 NE 42nd St Miami Design 42 Investment LLC999 Brickell Ave Ste 1001 Miami Pierre Melhado Daniella D1 18 NE 42nd St 4141 Design LLC 555 NE 15th St FI 9 Grupo Quadro Real Est LL 90 Alton Rd Apt 1804 41 Design District LLC Suite 1403 41 43 Nw 41 St LLC 4 Harbor Pt 41 St St Art Space LLC 4 Harbor Pt 41 St Art Space LLC 4 Harbor Pt 45 Street Holdings LLC 5 Corporate Dr Ste 101 Institute Of Contemporary 61 NE 41st St Miami Miami Miami Beach Coral Gables Key Biscayne Key Biscayne Key Biscayne Central Valley Miami Uptown Girl Development 3841 NE 2nd Ave Ste 400 Miami 4112 Ne 1 St Avenue Propi 2601 S Bayshore Dr Ste 1, Miami 41 St St Art Space LLC Ajl Equity LLC Azul 1 LLC 4029 N Mia Ave LLC 4 Harbor Pt Key Biscayne 9705 Collins Ave Unit 190: Bal Harbour 16901 Collins Ave Apt 480 Sunny Isles Beach 3696 N Federal Hwy Ste 2 Fort Lauderdale Tiny Dancer Acquisitions L3841 NE 2nd Ave Ste 400 Miami Paradise Plaza Associates 3841 NE 2nd Ave Ste 400 Miami 3801 Nma LLC 819 NE 2nd Ave # 500 Fort Lauderdale 3819 Nma Sub LLC CIO B21500 Biscayne Blvd Ste Miami Cholla 3800 LLC CIO Grec410 N Michigan Ave Ste 8!Chicago Gator Aquisitions Inc 7850 NW 146th St FI 4 Miami Lakes Gator Acquisitions Inc 7850 NW 146th St FI 4 Miami Lakes 40Th Street Miami Associe 999 Waterside Dr Ste 2301 Norfolk Miami Dd 101 Blue LLC C/ 22 Cortlandt St FI 5th New York Vous Church Inc 1951 NW 7th Ave Ste 160: Miami IVette Arango Interior Desi 300 Palermo Ave Coral Gables Vese LLC 300 Palermo Ave Coral Gables Oxfer Collection Corp 13900 SW 73rd Ave Palmetto Bay Rfd North 40 LLC CIO Ray 645 Madison Ave # 401 Miami Dd 80 Blue LLC C/C 22 Cortlandt St FI 5 Miami Dd 70 Blue LLC 22 Cortlandt St # 5F1 Miami Dd 70 Blue LLC 22 Cortlandt St # 5F1 New York New York New York New York Enrique Mora Jr 921 Valley Forge Rd E Neptune Beach Rfd South 40 LLC CIO Ra! 645 Madison Ave # 401 New York Oak Plaza Associates LLC 3841 NE 2nd Ave Ste 400 Miami Oak Plaza Associates LLC 3841 NE 2nd Ave Ste 400 Miami Palm Beach Holdings 394(1251 Avenue Of The Amei New York Pb3940 Short Term LLC C590 Madison Ave FI 21 New York Pb3940 Short Term LLC C 590 Madison Ave FI 21 New York Norwegian Wood Acquisiti 3841 NE 2nd Ave Ste 400 Miami Rfd North 39 LLC CIO Ray 645 Madison Ave Ste 401 New York Oak Plaza Associates Del 3841 NE 2nd Ave Ste 400 Miami Oak Plaza Associates Del 3841 NE 2nd Ave Ste 400 Miami Sun King LLC 3841 NE 2nd Ave Ste 400 Miami Oak Plaza Associates LLC3841 NE 2nd Ave Ste 400 Miami Oak Plaza Associates LLC 3841 NE 2nd Ave Ste 400 Miami Palm Beach Holdings 394(590 Madison Ave FI 21 New York Oak Plaza Associates Del 3841 NE 2nd Ave Ste 400 Miami Thor 118 Ne 39Th LLC C/(2111 Wilson Blvd Ste 300 Arlington Oak Plaza Associates Del 3841 NE 2nd Ave Ste 400 Miami City Of Miami Dept Of P & 444 SW 2nd Ave Ste 325 Miami Karanza Apartments 140 N Cannery Row Cir Delray Beach 79 NE 39 Design District L 571 W 183rd St New York Oak Plaza Associates (De13841 NE 2nd Ave Ste 400 Miami Jungle Plaza LLC 3841 NE 2nd Ave Ste 400 Miami Oak Plaza Associates (De13841 NE 2nd Ave Ste 400 Miami Design District Dev Partne 6547 Midnight Pass Rd # ; Sarasota Oak Plaza Associates Del 3841 NE 2nd Ave Ste 400 Miami Oak Plaza Associates Del 3841 NE 2nd Ave Ste 400 Miami Paradise Plaza Associates 3841 NE 2nd Ave Ste 400 Miami Lovely Rita Acquisitions LL3841 NE 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X 100 Or 20360-3840 040 0131240280080 Comm Biltmore 2Nd Sec F X 100 Or 23253-2160 04 2 0131240280090 Comm Biltmore 2Nd Sec F 0391 1 0131240280100 Comm Biltmore 2Nd Sec F 19360-1692 1100 2 (2) 0131240280140 24 53 41 Comm Biltmore 00 Or 12792-542 0186 4 C 0131240290010 Biltmore Court PB 7-37 Lo Ltmore PB 6-132 Lot Size 0131240290080 Biltmore Court PB 7-37 Lo In Of E2ft & Less W10ft & 0131240290130 24 53 41 Biltmore Court PI 19247-1038 0800 1 0131240290150 24 53 41 Biltmore Court PI Ots 19-20 & 21 Less E31. 0131240290170 Biltmore Court PB 7-37 Lo E & W 15Ft & Less Extern 0131240300050 Magnolia Court PB 6-10517 Th S 89 Deg W 43.98Ft 0131240300060 Magnolia Court PB 6-105 1 SE Cor Of Lot 7 S 89 Deg 0131240300070 24 53 41 Magnolia Court F360-1692 1100 2 (2) 0131240300090 Magnolia Court PB 6-105 11 Of Biltmore Ct Of PB 7-3 0131240300190 Magnolia Court PB 6-105 10600 1 0131240330240 Comm Buena Vista PB 14 SW Cor For R/W Lot Size 0131240330420 Comm Buena Vista PB 14 0131240330430 24 53 41 Comm Buena Vi: R/W & All Lot 4 BIk 3 Lot S. 0131240340010 24 53 41 0.707 Ac M/L Let Ize Irregular 0131240460010 Palm Way Subdivision PB U 01 3124 030 0200 & 021 0131240460030 Palm Way Subdivision PB L Fau 01 3124 030 0210 & 0131240460060 Palm Way Subdivision PB M/L Fau 01 3124 030 010 0131240480010 Bridge Subdivision PB 17101 3124 024 1510 Thru 15 0131240480020 Bridge Subdivision PB 17101 3124 024 1490 & 1500 0131240480060 Bridge Subdivision PB 1711 3124 027 0060 & 0040 0131240490010 Museum Subdivision PB 1 01 3124 024 1360 Thru 14 0131240490020 Museum Subdivision PB 1 01 3124 027 0120 & 0130 or Of Lot 24 Blk 5 Th N 0 Deg E 129.29Ft SWIy Ad 2 2004 5 Coc 25190-4424 10 2006 1 2838/19666-0268 0401 5 Coc 21464-4563 06 2003 1 S Lots 3, 4 & 5 Blk 7 Lot Size 84954 Sq Ft M/L )f E66.59Ft Blk 1 For R/W & Less Beg 66.68Ftw & 44 0493 1 Coc 21753-1886 10 2003 1 =or R/W Blk 3 Lot Size 13636 Sq Ft M/L Lot 11 Blk 1 Of PB 7-37 Lot Size 37066 Sq Ft Lots 12 & 13 Less W 10ft Blk 1 Lot Size 46767 S 1 Ft Blk 2 Of Comm Buena Vista PB 14-56 Lot Size al Area In NW Cor Lot 11 For R/W & Lot 5 Ind BI N 00 Deg W 93.23Ft N 89 Deg E 43.98Ft S 00 Deg E W 43.98Ft N 00 Deg W 93.23Ft N 89 Deg E 43.98F 7 & Lots 21 Thru 23 & Ummum Ed Lot 13 X 100Ft 40888 Sq Ft M/L Or 21215-1039 0403 3 ;ize 11620 Square Feet Or 13946-2912 1288 5 0170&01 312403300900100 - 0110 0120 Rodriguez, Marisol (Para-Mia-LDZ-RE) Subject: FW: Payment Confirmation: 2023275001-273 From: ipayment@corebt.com <ipayment@corebt.com> Sent: Monday, October 2, 2023 2:15 PM To: Jessica Fernandez <JFernandez@dacra.com> Subject: Payment Confirmation: 2023275001-273 Department of Finance Online Payments Receipt Your Reference Number: 2023275001-273 10/02/2023 2:12:10 PM Web_user If you have a Transaction ID, please click here 2023275001-273-1 Trans ID: 1018417 Business Name: CO M $10,476.00 Lien Search $4,250.00 Fee Name: DEVELOPMENT AGREEMENT OR MODIFICATION OF DEVELOPMENT AGREEMENT Lien Search $3,000.00 Fee Name: PUBLIC HEARING - ADVERTISING Lien Search $153.00 Fee Name: PUBLIC HEARING - MEETING MAIL NOTICE - REGISTERED HOAS AND PERSONS Lien Search $9.00 Fee Name: 1 PUBLIC HEARING - MEETING MAIL NOTICE -APPLICANT/APPEALLANT Lien Search Fee Name: PUBLIC HEARING - ONE PROPERTY POSTING Lien Search Fee Name: PUBLIC HEARING -ADDITIONAL PROPERTY POSTINGS OR INDEFINITELY DEFERRED ITEM $400.00 $1,440.00 Lien Search $1,224.00 Fee Name: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS TOTAL AMOUNT:$10,476.00 PAYMENT ECheck $10,476.00 First Name: RFD MDD ZIP: 33137 This email has been scanned for spam and viruses. Click here to report this email as spam. 2 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 956985 Transaction Date: Mar 1 2023 3:07PM Permit Number: PZ2315990 FEE SUMMARY RFD North 39 LLC 645 Madison AV (212)266-6019 Fee Category Fee Code Fee Description Quantity Unit Type Amount PLANNING MS-382 DEVELOPMENT AGREEMENT OR MODIFICATION OF DEVELOPMENT AGREEMENT 0.0000 N/A $4,250.00 Total: $4,250.00 Rev. Jul/02/2012 Generated on Mar/01/2023 3:07 PM BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 945370 Transaction Date: Jan 23 2023 9:14AM Permit Number: PZ2315990 FEE SUMMARY RFD North 39 LLC 645 Madison AV (212)266-6019 Fee Category Fee Code Fee Description Quantity Unit Type Amount PLANNING MS-382 DEVELOPMENT AGREEMENT OR MODIFICATION OF DEVELOPMENT AGREEMENT 0.0000 N/A $4,250.00 Total: $4,250.00 Rev. Jul/02/2012 Generated on Jan/23/2023 9:13 AM Rodriguez, Marisol (Para-Mia-LDZ-RE) Subject: FW: Payment Confirmation: 2023024001-159 From: ipayment@corebt.com <ipayment@corebt.com> Sent: Tuesday, January 24, 2023 11:32 AM To: Jessica Fernandez <JFernandez@dacra.com> Subject: Payment Confirmation: 2023024001-159 TRANSACTIONS Department of Finance Online Payments Receipt Your Reference Number: 2023024001-159 01/24/2023 11:30:11 AM Web_user If you have a Transaction ID, please click here 2023024001-159-1 Trans ID: 945370 Business Name: CO M $4,250.00 Lien Search $4,250.00 Fee Name: DEVELOPMENT AGREEMENT OR MODIFICATION OF DEVELOPMENT AGREEMENT TOTAL AMouNT:$4,250.00 PAYMENT ECheck $4,250.00 First Name: RFD MDD ZIP: 33137 1 This email has been scanned for spam and viruses. Click here to report this email as spam.