HomeMy WebLinkAboutApplication & Supp DocsPLANNING AND ZONING DEPARTMENT
HEARING BOARDS DIVISION
444 SW 2" d Avenue, 7th Floor + Miami, Florida 33130
Telephone 305-416-1480 • Fax 305-416-2035
APPLICATION FOR
MAJOR USE SPECIAL PERMIT
IT 1S INTENDED THAT MAJOR USE SPECIAL PERMITS BE REQUIRED WHERE SPECIFIED USES AND/OR OCCUPANCIES INVOLVE MATTERS
DEEMED TO BE OF CITYWIDE OR AREA -WIDE IMPORTANCE.
THE CITY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMITS.
(SEE ARTICLE 17 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.)
THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND ZONING SHALL MAKE RECOMMENDATIONS ON ALL APPLICATIONS FOR MAJOR USE
SPECIAL PERMITS AND FOR ANY AMENDMENTS THERETO AND SHALL TRANSMIT SAID APPLICATIONS AND RECOMMENDATIONS TO THE
PLANNING ADVISORY BOARD FOR ITS RECOMMENDATIONS AND MAY MAKE REFERRALS TO OTHER AGENCIES, BODIES, OR OFFICERS FOR
REVIEW, ANALYSIS, AND/OR TECHNICAL FINDINGS AND DETERMINATIONS AND REPORTS THEREON. (SEE SECTION 1301 4 OF ORDINANCE
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.)
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A
LOBBYIST WITH THE C1TY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY
COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK {MIAMI CITY HALL), LOCATED AT 3500 PAN
AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
erPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE
Y BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL
COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS,
COMMITTEES AND THE CITY COMMISSION.
I, Vicky Garcia -Toledo, Esquire, PA, on behalf of Cabi Downtown, LLC and John Moxley, Trustee, hereby apply to
the Director of the Planning and Zoning Department of the City of Miami for approval of a Major Use Special
Permit under the provisions of Article 17 of the City of Miami Zoning Ordinance.
Property Address: 244 Biscayne Boulevard, Folio Nos. 01-0110-000-0120, 01-0110-000-0121, 01-0110-000-
01051, 01-0110-000-1170, 01-0110-000-1180, 01-0110-000-1190, 01-0110-000-1210. 01-0110-000-1220, 01-
0110-000-1240, 01-0110-000-1160, 01-0110-000.1020, 01-0110-000-1021, 01-0110-000-1050.
Nature of proposed use (be specific): Residential project with ancillary retail space
1. Two 11 x17" original surveys and one 30"x30" original survey, prepared by a State of Florida Registered Land
Surveyor within one year from the date of application.
2. Two 11x17" original plans and one 30"x42" original plan, signed and sealed by a State of Florida Registered
Architect or Engineer showing property boundaries, existing (if any) and proposed structure(s), parking,
landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing.
3. Plans need to be stamped by the Hearing Boards Division first and then signed by Public Works, Zoning and
Planning prior to submission of application.
104. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms).
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5. Certified list of owners of real estate within a 500-feet radius from the outside boundary of property (see pages 5
0 and 6).
6. At least two photographs that show the entire property (land and improvements).
7. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and
around the property.
8. General location map showing relation to the site or activity to major streets, schools, existing utilitiessnopptng
areas, important physical features in and adjoining the project, and the like.
9. Concept Plan:
a) Site plan and relevant information per Section 1304.2.1d-h in Zoning Ordinance 11000, as amended.
b) Relationships to surrounding existing and proposed uses and activities, systems and facilities, per Section
1702.2.2a in Zoning Ordinance 11000, as amended.
c) How concept affects existing zoning and adopted comprehensive plan principles and designations; tabulation
of any required variances, special permits, changes of zoning or exemptions, per Section 1702.2.2b in Zoning
Ordinance 11000, as amended.
10. Developmental Impact Study (an application for development approval for a Development of Regional Impact
may substitute).
11. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this
application).
12. An 8 1/2 x 11" copy of all exhibits that will be presented at the hearing.
I13. Twenty-five (25) "Major Use Special Permit" books containing the above information. If this project requires
Zoning Board approval, a total of thirty-five (35) books will be required.
14. Cost of processing according to the City Code:
a) $ , for the Major Use Special Permit
b) Additional fee of $ , for any required special permits, changes of zoning or variances.
c) Total Fee: $
17. What is the purpose of this Major Use Special Permit? A residential highrise project.
Signature
Name A. V y Garcia -Toledo, Esquire, P.A.
Attorney for Owner
Bilzin Sumberg Baena Price & Axelrod LLP
Address 2500 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-5340
Telephone 305-350- 09
Date f:/-aZeti 5j Q ---
75484119541\ # 654356 v 5
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•
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this -5ibft—day o O0 "by A. Vicky
Garda -Toledo, Esquire, PA, on behalf of the Cabi Downtown, LLC, who is an i dividual ersonall known to
me and who ake an
oath.
(Stamp)
iRS^ti CAROL BONNEMA
_*: 4 � :* MY COMMISSION # DD 182609
�s
: � EXPIRES: February 4, 2007
,� .
i 9didad'Ihru Prca'tard Insurance Agency
Notary P-t t tic `
Name: WiL_ F -3 tVe My commission expires: 2�Ar�C7
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this Say of 204 by
A. Vicky Garcia -Toledo, Esquire, PA, on behalf of John Moxley, Trustee, on ehalf oft e corporation. He/She
i .ersonally known to me
�� and who did
ake an oath.
(Stamp)
CAROL BONNEMA
MY COMMISSION # DD 182609
EXPIRES: February 4, 2007
Bonded ihn Pickard Insurance Agency
Notary Pub
Name: �Al '
My commission expires: fD'�
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20,, by partner (or agent) on behalf of
a partnership. He/She is personally known to
me or who has produced as identification and who did (did not) take an
oath.
(Stamp)
Notary Public
Name:
My commission expires:
75484\195411 # 654356 v 5
I /5/04 4:26 PM
•
EXHIBIT A
COMPLETE LEGAL DESCRIPTION
COMBINING ALL LOTS, ALL OWNERS
Lots 1, 2, 3, 4, 5, 6, 7, 18, 19, 20, 21, 22, 23, 24 and 25, Block 100N, MAP OF MIAMI, DADE
CO., FLA, according to the plat thereof as recorded in Plat Book 8 at Page 41 of the Public
Records of Miami -Dade County, Florida, being more particularly described as follows:
Begin at the Southeast corner of said Lot 23, Block 100N; thence South 89°15'48" West along
the South line of said Lots 18, 19, 20, 21, 22 and 23, also being the North right-of-way line of
10th Street being a 50.00 foot wide right-of-way per said Plat Book 8 at Page 41, now known as
N.E. 2°d Street, for 448.66 feet to the Southwest corner of said Lot 18; thence North 00°43'18"
West along the West line of said Lots 7 and 18 for 300.51 feet to the Northwest corner of said
Lot 7; thence North 89°15'00" East along the North line of said Lots 3, 4, 5, 8 and 7, also being
the South right-of-way line of 9th Street being a 50.00 foot wide right-of-way per said Plat
Book 8 at Page 41, now known as N.E. 3rd Street, for 353.21 feet to the Northeast corner of said
Lot 3; thence South 16°46'06" East along the East line of said Lots I, 2, 3, 23, 24 and 25, also
being the West right-of-way line of Biscayne Drive having an undefined right-of-way width per
said Plat Book 8 at Page 41, now known as Biscayne Boulevard, (also known as State Road # 5
and U.S. Highway No. 1) said right-of-way as it now exists being 230 feet as shown on the
unrecorded plat of BAYFRONT PARK, for 312.76 feet to the Point of Beginning.
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•
OWNER'S LIST
Owner's Name: Cabi Downtown, LLC
Mailing Address:
c/o A. Vicky Garcia -Toledo, Esquire, PA,
Bilzin Sumberg, Baena, Price & Axelrod LLP
2500 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-5340
Telephone Number: 305-350-2409
Legal Description: Lot 1, 2, 3, 4, 7, 18, 19, 20, 21, 22, 23, 24 and 25, Block 100N,
MAP OF MIAMI, DADE CO., FLA, according to the plat thereof as recorded in Plat Book
8 at Page 41 of the Public Records of Miami -Dade County, Florida.
Owner's Name: N/A
Mailing Address:
Telephone Number:
Legal Description:
Owner's Name: N/A
Mailing Address:
Telephone Number:
Legal Description:
Any other real estate property owned individually, jointly or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
Street Address Legal Description
Folio Numbers:
NOT APPLICABLE
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OWNER'S LIST
Owner's Name: John Moxlevl Trustee
Mailing Address:
c/o A. Vicky Garcia -Toledo, Esquire, PA,
Bilzin Sumberg, Baena, Price & Axelrod LLP
2500 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-5340
Telephone Number: 305-350-2409
Legal Description: Lots 5 and 6, Block 100N, MAP OF MIAMI, DADE CO., FLA,
according to the plat thereof as recorded in Plat Book 8 at Page 41 of the Public
Records of Miami -Dade County, Florida.
Owner's Name: N/A
Mailing Address:
Telephone Number:
Legal Description:
Owner's Name: N/A
Mailing Address:
Telephone Number:
Legal Description:
Any other real estate property owned individually, jointly or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
Street Address Legal Description
Folio Numbers:
NOT APPLICABLE
75484\195411 # 654356 v 5
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•
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
); ss.
}
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared A. Vicky Garcia-Toldeo,
attorney for owner, being by me first duly sworn, upon oath, deposes and says:
1. That she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami.
Florida, affecting the real property located in the City of Miami, as described and listed on the pages
attached to this Affidavit and made a part thereof.
2. That all owners which she represents, if any, have given their full and complete
permission for her to act in their behalf for the change or modification of a classification or regulation of
zoning as set out in the accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current
names, mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
A. Vicky Garcia- . edo, Esquire, P.A.
Attorney for C. i Downtown, LLC
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me thise day of i� : �` ,f a 200 ,
by A. Vicky Garcia -Toledo, Esquire, PA, attorney for Cabi Downtown, LLC. She is 'e .nally/nown to
me and who did no take an oath.
Name:
Notary Public -State of Florida
Commission No.: tA> 1/23)Z -
My Commission Expires: 4/ 7
754841195411 # 654356 v 5
1/5/044:26 PM
•
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lot 1, 2, 3, 4, 7, 18, 19, 20, 21, 22, 23, 24 and 25, Block100N, MAP OF MIAMI, DADE
CO., FLA, according to the plat thereof as recorded in Plat Book 8 at Page 41 of the Public
Records of Miami -Dade County, Florida.
2. Owner(s) of subject real Property and percentage of ownership. Note: Section 2-618 of
the Code of the City of Miami requires disclosure of all parties having a financial interest, either
direct or indirect in the subject matter of a presentation, request or petition to the City
Commission. Accordingly, question #2 requires disclosure of shareholders of corporations,
beneficiaries of trusts, and/or any other interested parties, together with their addresses and
proportionate interest.
Name
Address
Ownershi
Cabi Downtown, LLC
100" 0
owned by:
Cabi Everglades, Inc.
100%
owned by:
Elias Cababie
33-1/3%
Abraham Cababie
33-1/3%
Jacobo Cababie
33-1/3%
Total
100.0000
3. Legal description and street address of any real property (a) owned by any party listed in
answer to question #2, and (b) located within 500 feet of the subject real property.
N/A
A. Vicky Gana -Toledo, Esquire, PA, Attorney for Owner
75484119541 \ # 654356 v 5
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•
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing instrument was acknowledged before me this 5 day of
2001,by A. Vicky Garcia -Toledo, Esquire, PA, attorney for Cabi Downtown, ',LC. She is
personally known to me
and who take an oath.
Nam€ fit._evzi3kle�
Notary Public -State of Florida
Commission No.: CD k..16Z
My Commission Expires: Z/4/c7
75484\19541 1 # 654356 v 5
1/5/04 4:26 PM
•
AFFIDAVIT
STATE OF FLORIDA )
); ss.
COUNTY OF MIAMI-DADE )
Before me, the undersigned authority, this day personally appeared A. Vicky Garcia-Toldeo,
attorney for the Trustee, being by me first duly sworn, upon oath, deposes and says:
1. That she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on the pages
attached to this Affidavit and made a part thereof.
2. That all owners which she represents, if any, have given their full and complete
permission for her to act in his behalf for the change or modification of a classification or regulation of
zoning as set out in the accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current
names, mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
A. Vicky Gar -Toledo, Esquire, P.A.
Attorney for John Moxley, Trustee
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 5 day of
by A. Vicky Garcia -Toledo, Esquire, PA, attorney for John Moxley, Trustee. She is
me-err-lias-pfeek4eeel as iriQnti-and who
ti
r
CAROL RONNEMA
MY COMMISSION A DD 182609
,its EXPIRES: February 4, 2007
Banded TM) Mewl InsurerweA Gy
Notary 'public -State of Florida
Commission No.: ®t \?2J
My Commission Expires:
200�3
nown to
an oath.
4- 7
75484\195411 # 654356 v 5
1/5/04 4:26 PM
•
•
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lots 5 and 6, Block 100N, MAP OF MIAMI, DADE CO., FLA, according to the plat
thereof as recorded in Plat Book 8 at Page 41 of the Public Records of Miami -Dade County,
Florida.
2. Owner(s) of subject real Property and percentage of ownership. Note: Section 2-618 of
the Code of the City of Miami requires disclosure of all parties having a financial interest, either
direct or indirect in the subject matter of a presentation, request or petition to the City
Commission. Accordingly, question #2 requires disclosure of shareholders of corporations,
beneficiaries of trusts, and/or any other interested parties, together with their addresses and
proportionate interest.
John Moxley as Successor Trustee under the Last Will and Testament of Francis W.
Powers, deceased. In benefit of: 5/9's Advent Christian General Conference of America
2/9's Ross F. Powers
2/9's Francis W. Powers
3. Legal description and street address of any real property (a) owned by any party listed in
answer to question #2, and (b) located within 500 feet of the subject real property.
N/A
A. Vicky Garcia -Toledo, Esquire, PA, Attorney for Owner
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
A,. The foregoing instrument was acknowledged before me this day o
200/ by A. Vicky Garcia -Toledo, Esquire, PA, attorney for Cabi Development/Florida LLC.
She is personally known to me —et
an oath.
CAROL BONNEMA
IA MY COMMISSION # DD 182609
EXPIRES: February4,2007
k ' Bonded Thry Plchard insumu Agancy
Name: -6.2.4tE__
Notary Public -State of Florida
Commission No.: M Vi?;5
My Commission Expires: -EA 0'1
75484\195411 # 654356 v 5
1/5/04 4:26 PM
10111 lil1ll111111 1111ll
WARRANTY DEED
This instrument prepared by:
SeymourN. Singer, Esq.
Krongold & Singer, P.L.
201 Alhambra Circle, Suite 801
Coral Gables, Florida 33132
Property Appraisers Parcel
Identification (Folio) Number(s):
GFN 2003RO33O731
OR Bk 21274 Pss 3012 — 3013; (20ss)
RECORDED 05/22/2003 13:48:54
DEED DDC TAX 667000.00
SURTAX 491,500.00
HARVEY RUVINr CLERK OF COURT
lIIAIII—MADE COUNTY, FLORIDA
01-0110-000-1051; 01-0110-000-1170; 01-0110-000-1180; 01-0110-000-1190; 01-0110-000-1210; 01-0110-000-1220;
01-0110-000-1240
(Wherever used herein the tcrms "first party and "second parry" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporations, and all pronouns
and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural
wherever the context so admits or requires.)
THIS INDENTURE, made this 2y ``day of l , A.D. 2003,
BETWEEN PREMIUM INVESTMENT PROPERTIES, INC., a Florida corporation (party
of the first part), and CABI DOWNTOWN, LLC a Florida limited liability company, whose
post office address is 20803 Biscayne Boulevard, Suite 405, Aventura, Florida 33180 (party of
the second part).
WITNESSETH, That the said party of the first part, in consideration of the sum of Ten
and 0OI100 Dollars ($10.00), to it in hand paid by the said party of the second part, the receipt
whereof is hereby acknowledged, has granted, bargained, and sold to the said party of the second
part, its heirs, successors, and assigns forever, the following described land, situate, and being in
the County of Miami -Dade, State of Florida, to -wit:
Lots 7, 19, 20, 21, 22, 23, 24 and 25 in Block 100, North, City of
Miami, according to Plat Book B at Page 41, of the Public Records
of Miami -Dade County.
TOGETHER WITH the entire right, title and interest of the party of the first part in and to any
land lying in the bed of any and all public and private streets, roads, avenues, highways or
passageways, open or proposed, in front of or abutting the above described land
SUBJECT TO taxes and municipal liens and assessments for the year 2003 and subsequent years,
not yet due and payable; zoning, restrictions, prohibitions, and other requirements imposed by
governmental authority, restrictions and matters appearing on the Plat or otherwise common to
the subdivision; covenants, restrictions, easements, limitations and dedications of record, without
intent to reimpose the same, leases (or memoranda thereof) of record; and rights of tenants in
possession under unrecorded leases (as tenants only).
•
;;cription: Dade,FL Document-Book.Page 21274.3012 Page: 1 of 21e 1 of 2
Cider: 300213008 Comment:
OR GK 21274 PG 3013
LAST PAGE
•
And the said party of the first part does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and
seal the day and year first above written.
Signed, sealed and delivered PREMIUM INVESTMENT PROPERTIES,
in the presence of: INC., a Florida corporation
Print Name: . 1',ut- o/• .54,+2e -
Prin
Zzyz
t
ame: -ab+dr.a c4+r.:4ca
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
By: 4
Print Name: 0 D AO/14d Ace -Az)
Its: President
Address: 244 Biscayne Boulevard
Miami, Florida 33134
Y
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally appeared f).3b
591SCLO Itt% , as President of PREMIUM INVESTMENT PROPERTIES,
INC., a Florida corporation, who is personally known to me to be the person described in and
who executed the foregoing instrurnent or who has produced
as identification and who swore and acknowledged before me that he executed the same on
behalf of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this !AY of
, A.D.2003.
,u Seymour N Singer
My Commission tO1S09�6
+A,, Expires December 12. 2006
NOTARY PUBLIC, ate of Florida
Print Name:
My Commission Expires:
TASINGER.SEY PREMIUM LNVESTMENTStiGi1CSA\CLOSING DOCUMENTS FINAL, VERSIONSSPIP DEED FINA!_doc
2
Description: Dade,FL Document-Book.Page 21274.3012 Page: 2 of 21e 2 of 2
Order: 300213008 Comment:
"" w IIIIIIIII(II11111IIII#IIII11111111111IIIIlIIIMI111111
CF= N 20003RO4 530 7
OR Fik 21396 Pas 2402 - 2403; (2Rss
RECORDED 07/03/2003 15:29:14
DEED DOC TAX 6,000.00
SURTAX 4,500.00
HARVEY RUM, CLERK OF COURT
MIA1I-DAOE COUNTY, FLORIDA
THIS INSTRUMENT PREPARED BY:
GREGORY T. MARTINI, ESQ.
SACHER MARTINI & SACHER P.A.
2655 LeJeune Road, Suite 1101
Coral Gables, Florida 33134
Property Appraisers Parcel
Identification (Folio) Number(s):
01 0110 000 1021
WARRANTY DEED
THIS INDENTURE, made this 30 day of June, 2003, between
THOMAS J. HERIN, whose address is 6745 Thermal Road, Charlotte,
North Carolina 28211, party of the first part, and CABI DOWNTOWN,
LLC, a Florida limited liability company, whose post office address
is 20803 Biscayne Blvd., Suite 40S, Aventura, Florida 33180, party
of the second part.
WITNESSETH, that the said party of the first part, for and in
consideration of the sum of Ten ($10.00) Dollars, to him in hand
paid by party of the second part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the party of the
second part, its successors in interest, assigns andadministrators
forever, the following described land situate and being in the
County of Miami -Dade and State of Florida, to -wit:
Lot 4, in Block 100, NORTH, CITY OF MIAMI,
according to the Plat thereof, as recorded in
Plat Book "B", Page 41, of the Public Records
of Miami -Dade County, Florida.
SUBJECT TO: real property taxes for the current year and
subsequent years; conditions, restrictions and limitations of
record, however, this provision shall not serve to reimpose same;
and applicable zoning ordinances.
Party of the first part represents and warrants to party of the
second part that the real property being conveyed hereby is not,
nor has it even been, the homestead of party of the part first or
any member of his family, nor is it contiguous to the homestead of
party of the first part or any member of his family, who resides at
6745 Thermal Road, Charlotte, North Carolina 28211.
And the said party of the first part does hereby fully warrant
the title to said land, and will defend the same against the lawful
claims of all persons whomsoever.
LAMIT PAGE
sea
IN WITNESS WHEREOF, the said party of the first part has
hereunto set his hand and seal the day and year first above
written.
Signed, Sealed and Delivered
in the Presence of:
[Printed Name of Witness]
•
4+ySSn a r e S.
[Printed Name of Witness]
STATE OF NORTH CAROLINA)
SS:
COUNTY. OF 'm..Q,,.,,i, )
me,„,
THOMAS J. HER
Address: 6745 Thermal Road
Charlotte, NC 28211
I HEREBY CERTIFY That on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, THOMAS J. HERIN, the person described in and who
executed the foregoing instrument, personally known to me or who
has produced Cru.,..e.a Q as
identification, who did take an oath, and he acknowledged before me
that he executed the same for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal at ,.said County and State, this 30
day of June A.D. 2003.
My Commission Expires: 02.o4z e
ANNA FRAGAKIS-
NOTARY PUBLIC
MECKLENBUpO COUNTY N. C.
My Commission .Expires Jan. 20, 2008
Notary Public, State of North Carolina
(Printed Name a1 Notary Public]
-2-
This instrument was prepared by
and after recording return to:
James Shindell, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard, Suite 2500
Miami, Florida 33131-5340
Tax Folio No. 01-0110-000-0120
1111111111111111111III1111III1111I1IIIIII11I11111I1
CFN 2e e03R+ e#01207
OR E4 21342 P s 2404 - 2405; (gip.sst
RECORDED 06/18/2003 16 24':28
DEED DOC TAX 375.00
SURTAX 251.25
HARVEY RUVIf4r CLERK OF COURT
MIAMI-DADE COUNTY! FLORIDA
(Above Space For Recorder's Use Only)
QUIT CLAIM DEED
THIS QUIT -CLAIM DEED executed this ;241*` of ki , 2003 by Thomas
M. Gabriel, Chairman of the Board of Trustees of the City of MiamifFFirefighters' and Police
Officers' Retirement Trust, with an address at 1898 S.W. 3'd Avenue, Miami, Florida 33129
("Grantor"), to Cabi Downtown, LLC, a Florida limited liability company ("Grantee"), with an
address at 20803 Biscayne Boulevard, Suite 405, Aventura, Florida 33180.
WITNESSETH, that Grantor, for Ten Dollars ($10.00) and other good and valuable
consideration, do hereby remise, release, and quit claim unto Grantee, all the right, title, interest,
claim and demand which the Grantor has in and to that certain parcel of land, situate, lying and
being in the County of Miami -Dade, State of Florida, being more particularly described as
follows:
Lot 1 of Block 100 North, City of Miami, according to the Plat thereof, as
recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade
County, Florida
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
thereunto belonging or in any wise appertaining to the above property, to the Grantee, its
personal representatives, successors and assigns, forever.
175484\18280\ # 621904 v 2
OR BK 21342 PG 2405
EAST PAGE
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered in the
presence of:
L�ls" %e-/
Print Name:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
GRANTOR:
City of Miami Firefighers' and Police
Officers' Retirement Trust
By:
Thomas M. Gabriel, Chairman
of the Board of Trustees
I HEREBY CERTIFY that the foregoing instrument was sworn to and acknowledged
before me this q day of 1. ! j/ , 2003 by Thomas M. Gabriel, as Chairman of the
Board of Trustees of the City of Miaf ii Firefighters' and Police Officers' Retirement Trust, on
behalf of the Trust, who is personally known to me o ed as
identification.
My commission expires:
Notary Public, Florida
Printed Name:
�►� Dania L. orta
My Commission DD202823
‘w ti./ Expires May 06, 2007
11111111111111111111111111111111111111111111111I111111
This instrument was prepared by
and after recording return to:
James Shindell, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard, Suite 2500
Miami, Florida 33131-5340
Tax Folio No. 01-0110-000-0120
CFfr4 2003R0401210
OR Ek 21342 F'ls 2569 - 2570; t2pas)
RECORDED 06/18/2003 16:29:2B
DEED DOC TAX 375.00
SURTAX 281.25
41ARVEY RUVIN! CLERK OF COURT
C[IA II-DADE COUNTY! FLORIDA
(Above Space For Recorder's Use Only)
QUIT CLAIM DEED
THIS QUIT -CLAIM DEED executed this /6 day of 3-0 ti/P.' , 2003 by Ronald
Thompkins, Chairman of the Board of Trustees of the City of Miami General Employees' and
Sanitation Employees' Retirement Trust, with an address at 1000 Brickell Avenue, Suite 1010,
Miami, Florida 33131-3014 ("Grantor"), to Cabi Downtown, LLC, a Florida limited liability
company ("Grantee"), with an address at 20803 Biscayne Boulevard, Suite 405, Aventura,
Florida 33180.
WITNESSETH, that Grantor, for Ten Dollars ($10.00) and other good and valuable
consideration, do hereby remise, release, and quit claim unto Grantee, all the right, title, interest,
claim and demand which the Grantor has in and to that certain parcel of land, situate, lying and
being in the County of Miami -Dade, State of Florida, being more particularly described as
follows:
Lot 1 of Block 100 North, City of Miami, according to the Plat thereof, as
recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade
County, Florida.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
thereunto belonging or in any wise appertaining to the above property, to the Grantee, its
personal representatives, successors and assigns, forever.
175484118280\ # 620664 v 3
OR BK 13#-2 PG 2 70
LAST PAGE
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered in the
Print Name: /(_ /1"1 -L 3 _. n L-0911,
Print Name: rc
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE )
GRANTOR:
City of Miami General Employees' and
Sanitation Em loyees' Retirement Trust
By
Ronald Thompkins, Chairman
of the Board of Trustees
I HEREBY CERTIFY that the foregoing instrument was sworn to and acknowledged
before me this J/, q--4-` day of :_� ,�(, 2003 by Ronald Thompkins, as Chairman of the
Board of Trustees of the City of Miami General Employees' and Sanitation Employees'
Retirement Trust, on behalf of the Trust, who is hers _ oallyvknown to me or who produced
h' J KI"
as identification.
My commission expires:
Notary Public, Fl
RHONDA JEAN NEGRON
COMMIS ON # DD1 45 $
EXPIRES 11/13/2006
BONDED THRU 4-888-NOTARY1
11111011
WARRANTY DEED
This instrument prepared by:
Seymour N. Singer, Esq.
Krongold & Singer, P.L.
201 Alhambra Circle, Suite 801
Coral Gables, Florida 33132
Property Appraisers Parcel
Identification (Folio) Number(s):
01-0110-000-1020
CFI 2003R0330782
0R Bic 21274 Pss 3014 - 3016i (3pss)
RECORDED 05/22/2003 13:48;54
DEED DOC TAX 36,000.00
SURTAX 27,000.00
HARVEY R11V114, CLERK OF COURT
11IAMI-DADE COUNTY? FLORIDA
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporations, and all pronouns
and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural
wherever the context so admits or requires.)
THIS INDENTURE, made this day of j� , A.D. 2003,
BETWEEN TROPERO INVESTMENTS, N.V., a Net erlands Antilles corporation (party
of the first part), and CABI DOWNTOWN, LLC, a Florida limited liability company, whose
post office address is 20803 Biscayne Boulevard, Suite 405, Aventura, Florida 33180 (party of
the second part).
WITNESSETH, That the said party of the first part, in consideration of the sum of Ten
and 00/100 Dollars (S 10.00), to it in hand paid by the said party of the second part, the receipt
whereof is hereby acknowledged, has granted, bargained, and sold to the said party of the second
part, its heirs, successors, and assigns forever, the following described land, situate, and being in
the County of Miami -Dade, State of Florida, to -wit:
Lots 2 and 3, in Block 100, NORTH, CITY OF MJAMI, according
to the Plat thereof, as recorded in Plat Book "B", page 41, of the
Public Records of Miami -Dade County, Florida.
TOGETHER WITH the following Easement Parcels:
Parcel 1:
Parcel 2:
The easement rights established under Easement Agreement, dated August 31,
1981, filed August 31, 1981, in Official Records Book 11201, at Page 389, creating
an Easement in, to, over and upon the following described property: the West 35
feet of each of Lots 23, 24, and 25, and the North 30 feet of Lot 25, Block 100,
NORTH, CITY OF MIAMI.
The easement rights established under Easement Agreement, dated August 31,
1981, filed August 31, 1981, in Official Records Book 11201, at Page 393, creating
an Easement in, to, over and upon the following described property Lots 7 and 19,
Block 100, NORTH, CITY OF M AMJ; and Leasehold estate upon Lot 18, Block
Description: Dade, FL Document -Book. Page 21274.3014 Page: 1 of 34-e 1 of 3
Order. 300213008 Comment:
100, NORTH, CITY OF MIAMI, under Lease dated February 12, 1959, filed in
Official Records Book 1613, page 7.
Parcel 3: The easement rights established under Easement Agreement for Additional
Driveway Area filed November 8, 1982, in Official Records Book 11610, page 208,
Parcel 4: The easement rights established under Easement Agreement for Cooling Tower
filed November 8, 1982, in Official Records Book 11610, page 214.
Parcel 5: The easement rights established under Easement Agreement for Fire Exits filed
November 8, 1982, in Official Records Book 11610, page 219.
Parcel 6: The easement rights established under Easement Agreement for Additional
Parking/Dumpster filed November 8, 1982, in Official Records Book 11610, page
224.
Parcel 7: The easement rights established under Easement Agreement for Presently Existing
Signs filed November 8, 1982, in Official Records Book 11610, page 232.
Parcel 8: The easement rights established under Easement Agreement for Encroachment of
Wall filed November 8, 1982, in Official Records Book 11610, page 236.
Parcel 9: The easement rights established under Grant of Easement (Walkway/Driveway)
executed by Premium Investment Properties, Inc. in favor of George Goldbloom and
Tropero Investments, N.V. dated as of January 1, 1994, filed November 4, 1994, in
Official Records Book 16571, page 301.
Parcel 10: The easement rights established under Grant of Easement (Parking) executed by
Premium Investment Properties, Inc. in favor of George Goldbloom and Tropero
Investments, N.V., dated as of January 1, 1994, filed November 4, 1994, in Official
Records Book 16571, page 307.
TOGETHER WITH the entire right, title and interest of the party of the first part in and to any
land lying in the bed of any and all public and private streets, roads, avenues, highways or
passageways, open or proposed, in front of or abutting the above described land.
SUBJECT TO taxes and municipal liens and assessments for the year 2003 and subsequent years,
not yet due and payable; zoning, restrictions, prohibitions, and other requirements imposed by
governmental authority; restrictions and matters appearing on the Plat or otherwise common to
the subdivision; covenants, restrictions, easements, limitations and dedications of record, without
intent to reimpose the same, and leases (or memoranda thereof) of record; and rights of tenants in
possession under unrecorded leases (as tenants only).
uescription: Dade,FL Document-Book.Page 21274.3014 Page: 2 of 3De 2 of 3
Order: 300213008 Comment:
OR BK 21274 PG 3016
LAST PAGE
And the said party of the first part does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
TROPERO INVESTMENTS, N.V.,
a Netherlands Antilles corporation
By:
Print Name: /Fe �-+
Its: Managing Director
Address: 244 Biscayne Boulevard
Miami, Florida 33134
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid
fore air and in the County aforesaid to take acknowledgments, personally appeared .r4[:A v-kro
, as Managing Director of TROPERO INVESTMENTS, N.V., a
Netherlands Antilles corporation, who is personally known to me to be the person described in
and who executed the foregoing instrument or who has produced
as identification and who swore and acknowledged before me that he executed the same on
behalf of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this ?l ay of
Pt l , A.D. 2003.
NOTARY IC, State of Florida
Print Name:
My Commission Expires:
T:ISINGER.SEYWREMIUM INVESTMENTSIG1CSA'CLOSING DOCUMENTS FINAL VERSIONSITROPERO DEED FINALdoc
ise Ns,Gyp ..4, N Stager
O My Commkaion 00/50075
.5+a Expirna Oocember 12, 2ooe
3
Description: Dade,FL Document-Book.Page 21274.3014 Page: 3 of 3)e 3 of 3
Order: 300213008 Comment:
1110
11
!IIIMINllf!lN1li
Prepared By:
Seymour N. Singer, Esq.
Krongold & Singer, P.L.
201 Alhambra Circle, Suite 801
Coral Gables, Florida 33134
Folio Nos. 01 0110 000 1020; 01 01 I0 000 1050
ASSIGNMENT OF LEASE
and
ACCEPTANCE OF ASSIGNMENT
GFN 2003RO33O787
OR Bk 21274 Ns 3034 - 3037; t4pas3
REC0RDE1' 05/22/2003 13:48;54
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVII6 CLERK OF COURT
1MIAMI-DADE COUNTY' FLORIDA
The parties, PREMIUM INVESTMENT PROPERTIES, INC„ a Florida corporation,
hereinafter called the assignor, and CABI DOWNTOWN, LLC, a Florida limited liability company,
hereinafter called the assignee, enter into this Assignment of Lease and Acceptance of Assignment.
For value received, the assignor hereby grants, transfers, assigns, and sets over to the
assignee, all of the right, title, and interest of the assignor in and to the following described lease
agreement (the "Lease Agreement"):
Lease Agreement:
Leasehold estate under a Lease, executed by Wilbur R. McQueen and Ralph
D. Shoemaker, as Successor Trustees to act under the provisions of Codicil
No. 4 of the Last Will and Testament of Frances W. Powers, Deceased, and
Lafayette Loan & Trust Company (a corporation oflndiana), as testamentary
Trustee under the Last Will and Testament of Francis W. Powers, Deceased,
to Charles W. Nicol and Irene L. Cook, dated July 1, 1947, filed in Deed
Book 2908, Page 445, of the Public Records of Miami -Dade County, Florida,
upon Lots 5 and 6, Block 100, NORTH, CITY OF MIAMI, according to the
Plat thereof, as recorded in Plat Book "B", Page 41, in the Public Records of
Miami - Dade County, Florida; as amended by Amendment to Lease, filed
August 24, 195I, in Deed Book 3482, Page 471, of the Public Records of
Miami -Dade County, Florida. The Lessor's interest in said Lease was
assigned to John Moxley, as Successor Trustee, by instrument filed March 5,
1993, in Official Records Book 15835, Page 1188, of the Public Records of
Miami -Dade County, Florida. The Lessee's interest in said Lease was
assigned to George Goldbloom, an undivided 65% interest, Jack Bernstein,
an undivided 10% interest, and Joseph Kracauer, an undivided 25% interest,
by Assignment of Lease filed December 3, 1984, in Official Records Book
12342, Page 3080, and in Official Records Book 12342, Page 3083. The
Lessee's interest in said Lease was assigned by George Goldbloom, Jack
Bernstein and Joseph Kracauer to the assignor by virtue of Assignment of
Lease and Acceptance of Assignment recorded on even date herewith.
The assignor warrants and represents:
Assignment of Lease Lots 5 and 6
Page 1
•
f ;ri ptfon: Dade, FL Document -Book. Page 21274. 3034 Page: 1 of 43 e 9 of 4
C..,-;,er: 300213008 Comment:
A. The assignor is the lawful lessee of the above described Lease Agreement;
B. The Lease Agreement has not been amended except as set forth above.
C. The Lease Agreement is genuine, valid, and enforceable, and there are no defaults by
assignor, nor any defaults by the landlord known to assignor, under the Lease
Agreement.
The assignee herein shall have the immediate right to all the rents, issues, and profits from
the above -described premises, and the landlord under the Lease Agreement is hereby authorized to
recognize the rights of the assignee herein as the lessee under the Lease Agreement rather than the
assignor from and after the date hereof.
For value received, the assignee hereby accepts the above and foregoing assignment and
hereby accepts and agrees to he bound by all of the obligations of the lessee under the Lease
Agreement from and after the date hereof
In witness whereof, the assignor and assignee have signed this agreement on
, 2003.
Witness to Assignor
Print Name o atr ss
Witness as to Assignor
Print Name of Witness
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
ASSIGNOR:
PREMIUM INVESTMENT PROPERTIES,
INC., a Florida corporation
By:
Print Name: h' f50 (5a/Of7 veio
Title:
Address:
President
244 Biscayne Boulevard
Miami, Florida 33132
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared 3_I M e
(/2O , as President of PREMIUM INVESTMENT PROPERTIES, INC., a
Florida corporation, who is personally known tome to be the person described in and who executed
the foregoing instrument or who has produced as identification
Assignment of Lease Lots 5 and 6
Page 2
cription: Dade, FL Document -Bonk Page 21274. 3034 Page: 2 of 4) e 2 of 4
L., .,er: 300213008 Comment:
•
and who swore and acknowledged before me that he executed the same on behalf of said
corporation,
WITNESS my hand and official seal in the County and State last aforesaid this
day of �, A.L. 2003.
NOTARY PUBLIC, State o Florida
Print Name:
My Commission Expires:
err Seymour N Singer
My Commission SIJon DD156475
Fyn December 12, 2308
{BALANCE OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURES CONTINUED ON FOLLOWING PAGE]
Assignment of Lease Lots 5 and 6
Page 3
.cription: Dade,FL Document-Baok.Page 21274.3034 Page: 3 of 4]e 3 of 4
Order. 300213008 Comment
OR BF; 21274 PG 3037
LAST PAGE
ASSIGNEE:
CABI DOWNTOWN, LLC
a Florida limit - + liabi *company
�s
By:
Wit es as tto Assi ee Print Name: ELIAS CABABIE DANIEL
.4 kf i4 Co-C-G (/ 4 C Z ._ Its: Manager
Address: 20803 Biscayne Boulevard, Suite 405
Aventura, Florida 33180
Print Name of Witness
Witness as to Assign
JO',Cf 4/l/,
Print Name of Witness
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared ELIAS
CABABIE DANIEL, as Manager of CABI DOWNTOWN, LLC, a Florida limited liability company,
who has produced as identification andwho
swore and acknowledged before zne�eLxecuted the same on behalf of said entity.
ITNESS my hand and official seal in the County and State last aforesaid this c/o
714-
day of _IZtu , A.D. 2003.
NOTARY PUBLIC, /State of Florida
Print Name: ,LP4h , 4 'MM1)
My Commission Expires:
LEAH IQRSOti
MY CiMiM ssiok f DD 057266
EXPIRES: August 9, 2005
Randal Thu Ached Instance Apetcy
C_\TTEMP\ASSIGNMENT OF LEASE LOTS 5 AND 6 FrNAL.doc
Assignment of Lease Lots 5 and 6
Page 4
cription: Dade,FL Document-Book.Page 21274.3034 Page: 4 of43e 4 of 4
U, der. 300213008 Comment: