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HomeMy WebLinkAboutVariance Application & Supp Docs• • • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416.2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR A VARIANCE Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 5:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt must be submitted. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city 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. An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department. Rev. 09/30/03 A variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of structure, dimensions of yards, other open spaces, off-street parking and/or loading requirements (see Article 19 of the Zoning Ordinance). 1, Gilberto Pastoriza, Esq., on behalf of the owners listed in Exhibit "A" to this application , hereby apply to the City of Miami Zoning Board for approval of a variance from the terms of the Zoning Ordinance of the City of Miami, affecting the property located at see attached Exhibit "B", folio numbers 01-0114-030-1130, 01-0114-030-050, 01-0114-030-1270. Three (3) original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 2. Two (2) 11x17" original plans and one (1) 24x36" 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, building elevations and dimensions and computations of lot area and building spacing, etc. 3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the 8th Floor, Zoning on the 4th Floor and Planning on the 3`d Floor, prior to submittal of application. 4. An 8 1/2 x 11" copy of the plans after signature from the above departments. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 5 and 6). 6. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 7 and 8). 7. At least two photographs that show the entire property (land and improvements). 8. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 10. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) YES, the applicant has received a Certificate of Appropriateness for ground disturbing activity in an Archaeological Conservation Area pursuant to Historical and Environmental Preservation Board Resolution No. 2002-68. 11. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) Rev. 09/30/03 2 NO 12. What is the acreage of the project/property site? 9.32 acres What is the purpose of this application/nature of proposed use? This application requests a variance of the required setback from the southern property line to permit a setback of 0 feet where 5 feet is required by the CBD-Central Business District in Section 401 of the Zoning. If granted, the variance will permit the relocation of a previously approved residential building approximately 8 feet south to accommodate the City's desire to realign SE 3`d Street. The residential building is part of a mixed -use residential, retail, and commercial parking proiect approved by Resolution No. 02-1249. 13. All documents, reports, studies, exhibits (8 1/2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 14. Other (specify and attach documents explaining why any information you are attaching is pertinent to this application). 15. The Variance request is for relief from the provisions of Section 401 of the City of Miami Zoning Ordinance as follows: To permit a setback of 0 feet where 5 feet is required in the CBD-Central Business District 16. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Section 1903 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. Please list evidence to be produced and use additional sheets, if necessary. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: The City has requested that a portion of the north end of Parcel B be dedicated for right-of-way purposes to allow for the realignment of SE 3rd Street in accordance with the Du Pont Area Traffic Plan. Because the portion of SE 3rd Street slated for realignment affects only the subject property, the special circumstance occasioned by the dedication is unique to this property and will require moving the building south on the property to accommodate the planned right-of-way improvements. The requested variance of setback along SE 4th Street will permit the movement of the building without requiring changes to the building layout. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The right-of-way realignment was requested by the City and does not result from the actions of the Applicant. The requested variance will accommodate the realignment without requiring changes to the previously approved building layout. (c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner in that: Rev, 09/30/03 3 • A literal interpretation of the required setback would result in the Applicant's inability to construct the previously approved project and dedicate the requested portion of the property to the City. This would work an undue hardship to the Applicant in that the Applicant would have to redesign a large portion of the project to accommodate the right-of-way dedication requested by the City after the project had been approved. (d) Granting the variance requested will not confer on the petitioner that special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: Granting the requested variance would allow the Applicant to build the project originally approved by the City Commission without having to redesign the layout of the Parcel B residential building to accommodate the right-of-way dedication. As such, it would not confer any special priveleges on the Applicant that is denied to other property owners. (e) The Variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure in that: The requested variance is the minimum variance necessary to accommodate the building as approved on the property while still dedicating the portion of the property for right-of-way purposes requested by the City. The variance affects only the setback for the Parcel B residential building and will not affect the other buildings approved pursuant to Resolution 02- 1249. (f) The grant of the variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare in that: The granting of this variance will merely facilitate the right-of-way dedication requested by the City and allow the Applicant to build the project it has already received approval for. As such, the granting of the variance will be in harmony with the general intent and purpose of the Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Rev. 09/30/03 4 17. Cost of processing according to Section 62-156 of the City Code: CS, PR, R-1, R-2, (single-family and duplex residential uses) $ 250.00 Piers, docks, wharves and the like, for each variance from the ordinance, per lineal foot $ 45.00 Minimum $ 700.00 All applications for variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in Section 2502 of Zoning Ordinance, as amended $ .10 Minimum $ 650.00 Application for variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per variance: CS, PR, R-1, R-2 $ 250.00 All other residential districts $ 450.00 All nonresidential districts $ 550.00 Extension of time for variance $ 500.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars (800.00), except from agencies of the City; such surcharge to be refunded to the applicant if there is no appeal by the applicant or from a property owner within five hundred (500) feet of the subject property. Signature Address 2665 S. Bayshore Drive, Ste. 420 Name Tony Recio, Esq. for Gil Pastoriza, Esq. Miami, FL 33133 Telephone 305-854-0800 Date January 9, 2004 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this _ day of 2 -1;0jj-- gc63, who i a(n) partner/agent/corporation of a(n) individual/partnership/corporation. He/She is p ovally produced as identification an V `T ,YPUr� 1ezdi Yides ui�S�CC��1IS`oIljj]j r• Xv1�E..1 ; $.�? .gran Na (Stamp) ��oFr;;;F"` ,L,-35a1si Rev. 09/30/03 5 who has e an oath. • • • Exhibit "A" Ownership of Tracts All of the following as depicted in the Plat of Du Pont Plaza, according to the plat thereof as recorded in Plat Book 50, Page 11, of the Public Records of Miami -Dade County, Florida ("Du Pont Plat"): Tract B: MDM Residence, LTD owns Tots 5-10, Block 3, less the west 13 feet of lots 5 and 10, Du Pont Plat MDM Retail, LTD owns lots 1-4 and 11-13 and the west 13 feet of lots 5 and 10, Block 3, Du Pont Plat Tract C: P & G Development, LTD owns lots 1-8, Block 2, Du Pont Plat Tract D: P & G Development, LTD owns lots 1-8, Block 4, Du Pont Plat Rev. 06/04/02 • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Tony Recio, Esq. of Weiss Serota Pastoriza Guedes Cole & Boniske , who being by me first deposes and says: 1. That his law firm is the legal representative of the controlling owners, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which they represent, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, li'i gcluding responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are 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 ayeth not. Tony Recio, Esq. Appl nt Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this -A day of January 2004 by Tony Recio, Esq. on behalf of the controlling owners. He igspa personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) Signature MARILYN SOMODEVILLA ` * MY COMMISSION # 00 222204 EXPIRES: September 13, 2007 cF c,s, Banded Thru B dget Notary Semces Rev. 12/05/01 e • • DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See attached Exhibit "B" 2. Owner(s) of subject real property and percentage of ownership. Note: 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. Portion of Tract "B" owner MDM Residences, LTD is owned: MDM Downtown, LTD 71% New Miami LP Holdco, LLC 28% MDM II, LLC 1% (General partner) Portion of Tract 'B" owner MDM Retail, LTD is owned: MDM Downtown, LTD 71% New Miami LP Holdco, LLC 28% MDM II, LLC 1% (General partner) Tracts "C" and "D" owner P&G Development, LTD is owned: Luis Polenta 47% Ricardo Glas 47% New Miami LP Holdco, LLC 5% P&G, LLC 1 % (General partner) MDM Downtown, LTD is owned: JP Hotels, Inc. 50% P&G Development, LTD 50% New Miami LP Holdco, LLC is owned: Lawrence J. DeGeorge 100% MDM II, LLC is owned: MDM Downtown, LTD 100% P&G, LLC is owned: Luis Polenta Ricardo Glas JP Hotels, Inc. is owned: Alejandro Angulo Miguel Incocente 50% 50% 50% 50% Rev. 12/05/01 • • • 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. NONE - fetv? 14e40., 65a Attorney for Owner Name ney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE "Fe,ler 861 The foregoin instrument was acknowledged before me this day of January 2004, by on behalf of the controlling owners. He is pelonally known to me or has produced as identification and who did (did not) take an oath. (Stamp) Signature vie°gad MARLYNSOMODEVILLA MY COMMISSION 4 DO 222204 EXPIRES: September 13, 2007 Bonded "MN Mod No hry SEvi ei Rev. 12/05/01 • • • Exhibit "B" Legal Description Lots 1-8, inclusive, Block 2, together with all of Blocks 3 and 4, Du Pont Plaza, according to the plat thereof as recorded in Plat Book 50, Page 11, Public Records of Miami -Dade County, Florida. Rev. 06/04/02 -rrF.1ft X. 21 1 42PG i 677 • • • PREPARED BY AND RETURN TO: COHEN, NORRIS, SCHERER. WEINBERGER & WOLMER 712 US HWY ONE,4t FLOOR NORTH PALM BEACH, FL 33408 FILE NUMBER: 94249,010 WARRANTY DEED 03R217155 2003 APR 02 12:4 DOCSTPDEE 90/000.00 SURTX 67/500.0 HARVEY RUVINP CLERK DADE COUNTY, F THIS INDENTURE made this �Aa day el MARCH, 2003, between MIAMI ONE CENTRE LIMITED PARTNERSHIP, a Florida limited partnership, whose addre:,s is 5000 Blue Lake Drive, Suite 150. Boca Ratan, Florida 33431, hereinafter caned Grantor', to MOM RESIDENCES, LTD., a Florida limited partnership, whose post office address is: clo Miami Gadeland Marriott Hotel, 9090 South Dadeland Blvd , Miami, Florida 33156, hereinafter called the Grantee'. WITN ESSETH That said Grantor, for and in eonsideratkm of the; sum of ,TEN DOLLARS ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, conveys to the said Grantee, and Grantee's successors and assigns forever, the following described property, situate, lying and being if) rvlieni-Dade County. Florida to -wit' Property Folio No. 0 - �I 030 H30 LOTS 5, 6, 7, 8, 9 AND 10, LESS THE WEST 13.00 FEET OF SAID LOTS 5 AND 10, BLOCK 3, DU PONT PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGE 11, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLOIRIDA. SUBJECT to the following restrictions. res cc-ations and easements of record: 1 _ Taxes and assessments for the year 200.:; and subsequent years. 2- Terms, conditions, easements and other ;natters as shown on the Plat of Du Pont Plaza recorded in Plat Book 50, Page 11 of the Public Records tot Miami -Dade County, Florida. 3. Assessment Resolutions relative i,o Metrorail Project recorded in Official Record Ibook 17785, Page 4150 of the Public Records of Mlarni-Dade Crlunty, Florida. 4. Subject to a Special Permit Pur suant to Articles 13 and 17 of Zoning Ordinance No, 11000 filed in Resolution No. 98-1151 and recorded in Official Records Book 18409, Page 3098 of the Public Records in Miami -Dade County, Florida. 5. Deed of Easement 1Downtowlt Component of Metrorail) as set forth and, recorded in Official Records Book 12491, Page 2205 and Metrornover Plat of Right -of -Way Map shown in P•tat Book 124, Page 60 of the Public Records of Miami -Dade County, Florida. fi. All laws, ordinances and governmental regulations, including, but not limited to. all applicable building, zoning, land use and environmental ordinances and regulations. TO HAVE AND TO HOLD, the same in fee simple forever. AND THE GRANTOR hereby covenants with said Grantee that the Grantor is lawfuny seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said and and will defend the same against the lawful claims of ell persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31. 2002and those set forth aboveh ('Grantor and Grantee are used for singular or plural, as context requires-) IN WITNESS WHEREOF, Grantor has hereunto set Grantors hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN OUR PRESENCE: C ate. Print Name: A., - e M tiS s • Print Name: y�.z► ,}R C r y MIAMI ONE CENTRE LIMITED PARTNERSHIP, a Florida lirnited partnership BY: MIAMI ONE CENTRE, iNC., a Florida /Corporation, Genera IttneVY BY. — \ 6,4..c RENCE J. DEGEORGE, ChairmanE td Chief Executive OfficB'r ['FF. 9E`u.51. 21142PC1579 • • • STATE OF FLORiDA COUNTY OF-141A414.43sadilE The foregoing instrument v.: s acknowledged before me this '. day of MARCH, 2003, by LAWRENCE J. DEGEORG.E, as Chairman and Chief Executive Officer of MIAMI ONE CENTRE, INC., a Florida corporation, General Partner, of MIAMI ONE CENTRE LIMITED PARTNERSHIP, a Florida limited partnership. He is personally know n to me or has produced as identification and did take <fn oath. NOTARY PUBLIC My Commission Expires: FIWPPOCSVRENE1MIAM3CNE-a.C3O',SA3.E OOCSTMA. .W..ARL =tb_PARCEL-e-CONDO fiat 211(;2.PG1720 PREPARED BY AND RETURN 110: COHEN, NORRIS, SCHERER, WEINBERGER & WOLMER 712 US HWY ONE,4' FLOOR NORTH PALM BEACH, FL 33408 FILE NUMBER: 94249.010 WARRANTY DEED 0 3 R 2 17 161 20f) 3 APR 02 122 DOCSTPDEE 36600.00 Jll.00 S€JRTX 27,450 HARVEY RUVN CLERK DADE COUNTY, THIS INDENTURE made this clay of MARCH, 2003, between MIAMI ONE CENTRE LIMITED PARTNERSHIP, a Florida limited partnership, whose address is 5000 Slue Lake Drive, Suite 150, Boca Raton. Flonda 33431, hereinafter called Grantor'. to P & G DEVELOPMENT, LTD...a Florida iimihad partnership, whose post office address is: do Miami Dadeland Marriott Hotel, 9090 South Oadeland Blvd-, Mini ri, Florida 331 56, hereinafter called the Grantee'. WITNL-SSETH That said Grantor, for and in consideration of the sui r cr, TEN DOLLARS ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt +nrhereof is hereby acknowledged, conveys to the said Grantee, and Grantee's successors and assigns forever, the following desraibed properly, situate, lying and being in Miami -Dade County. Florida, to -wit: Property Folio No. 0114-030-1270 All of Block 4, DU PONT PLAZA, according to the Plat thereof as recorded in Plat Book 50, Page 11, P=_lblic Records of Miami -Dade County, Florida. SUBJECT to the following restrictions, reservations and easements of record: 1. Taxes and assessments for the :rear 2003 and subsequent years. 2_ Terms, conditions, easements and other matters as shown on the Plat of Du Pont Plaza recorded in Plat Book S0. Page 11 of the Public Records of 0liaml 00<<. County, Florida. 3. Assessment Resolutions relative to Metrorail Project recorded in Official Record Book 17785, Page 4160 of the Public Records of Miami -Dade County, Florida. 4 Subject to a Special Permit Pursuant to Articles l3 and 17 of Zoning Ordinance No. 11000 filed in Resolution No. 98-1151 and recorded in Official Records Rook 1840S, Page 3098 of the Public Records in Miami -Dade County, Florida. 5_ Deed of Easement (Downtown Cornponent of Merit -oral!) as set forth and recorded in Official Records Book 12491, Page 2205 and Metrorn0ter Plat of Right-of-4Vay Map shown in Plat Book 124, Page 60 at the Public Records of Miami -Dade Country, Florida. 6. AII laws, ordinances and governmental regulations, including, but not limited to, ail applicable building, zoning, land use and environmental ordinances and regulations. TO HAVE AND TO HOLD, the same in tee simple forever. AND THE GRANTOR hereby covenants wlih said Grantee that the Grantor is lawfully seized of said land in fee simple, that the Grantor has good right and lawful authority to sell and convey said land. and hereby warrants the title to said land and will defend the same against the [awful claims of all persons whomsoever, and that said land is free of all encumbrances. except taxes accruing subsequent to December 31, 2002 and those set forth above. L. ('Grantor and Grantee are used for singular or plural, a5 context requires.) IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN OUR PRESENCE: • MIAMI ONE CENTRE LIMITED PARTNERSHIP, a Florida limited partnership BY: MIAMI ONE CENTRE, INC., a Florida coporation, Ge - Part LA RENCE J. DEG ■RGE, Chairman Chief Executive cer it r. slLL-4a. 21 142PG 1731 • • • STATE OF FLORIDA COUNTY OF Mttk#t-OA 1 f t " The foregoing instrument was acknowledged before me this day of MARCH, 2003, by LAWRENCE J. DEC;EORGE, as Cirtairnan and Chief Executive Officer of MIAMI ONE CENTRE, INC_, a Florida c.i;rporation, G3r:rteral Partner, of MIAMI ONE CENTRE LIMITED PARTNERSHIP, a Florida lim.tr::d partnershfi;), He ismall known to me or ha `preduced a s .:antificati4n and did take an HUM, t y My Commission Expires \•'�,,,ssFoN, ` v �� t 15. 2� f MP00CS,IRENEWMIAMIONE & SALE DUCS;P1NALMARDEEr3.P - i?CEL-G NOTARY PUBLIC q•econeerov cv,ctsl>eEcORDS SOoc ag LOAInA RECC490 vERrf,ED HARVEY RffVJN CLERK CIRCUIT COURT tFF. REC. 31f. 21142PCf728 03R217160 2003 APR 02 12r40 PREPARED BY AND RETURN TO: COHEN, NORRIS, SCHERER, WEINBERGER & WOLMER 712 US HWY ONE,4' FLOOR NORTH PALM BEACH, FL 33408 FILE NUMBER: 94249.010 WARRANTY DEED OOCSTPOEE 36:600.001 SURTX 27s450.00 HARVEY RUVIN; CLERK DADE COUNTY, FL THIS INDENTURE made this aJR day of MARCH, 2003. between MIAMI ONE CENTRE LIMITED PARTNERSHIP, a Florida limited partnership, whose address is 5000 Blue Lake Drive, Suite 150, Boca Raton, Florida 33431, hereinafter called Grantor*, to P & G DEVELOPMENT, LTD., a Florida limited partnership. whose post office address is: do Miami Dadelad Marriott hotel, 9090 South Dadeland Blvd., Miami, Florida 33156, hereinafter called the Grantee. WITNESSETH That said Grantor, for and in consideration of the sure of TEN DOLLARS (51C.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, conveys to the said Grantee, and Grantee's successors and assigns forever, the following described property. situate, lying and being in Miami -Dade County, Florida, to -wit: Property Folio No. 0114-030-1050 LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 2, DU PONT PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGE 11, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SUBJECT to the following restrictions, reservations and easements of record. 1. Taxes and assessments for the year 2003 and subsequent years, 2. Terms, conditions, easements and other matters as shown on the Plat of De Pont Plaza recorded in Plat Book 50, Page 11 of the Public Records of Miami -Dade County, Florida. 3, Restrictions. covenants and conditions contained in Deed recorded urider Clerk's File No DD15890, in Deed Book tion in l Records Book 10998, Assignment in Offic77, Page ial R36 ecords Book 10998, Page 273,lock 2) as affected by all of the Public 3Rec Records in Miami -Dade C u9 Ly,e 275 and Florida. 4, Assessment Resolutions relative to Metroraii Prdjest recorded in Officiaa€ Record Book 17785, Page 4160 of the Public Records of Miami -Dade County, Florida. Pursuant to Articles 13 and 17 lP dinance No, 11000 n Resolution 5 No. 98-1151 and recorded tin Official Records 'Book 18409�ri Page3fi`T 8rof the Public Records ink Miami -Dade County, Florida, 6. Deed of Easement (Downtown Component of Metrorail) as set forth rind recorded is Official Records Book 12491, Page 2205 and Metromover Plat of P•Ef1ht-of-Way Map shown in Plat Book 124, Page 60 of the Public Records of Miarni-Dade County, Florida. All laws, ordinances and governmental regula Sons, including, but not timWed to, all applicable building, zoning, land use and environmental ordinances and regulations. TO HAVE AND TO HOLD, the same in tee simple tore'ver. AND THE GRANTOR hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land. and hereby wan'ants the title to said land and will defend the same against the lawful claims of all persons whomsoever: and that said land is free or all encumbrances, except taxes accruing subsequent to December 31, 2002 and those set forth ,above. (`Grantor and Grantee are used for singular or plural, as context requires.) IN WETNESS WHEREO , Gra ntor has hereunto Set Grantor's hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN OUR PRESENCE: Print Name: Print Name' • MIAMI ONE CENTRE LIMITED PARTNERSHIP, a Florida limited partnership MIAMI ONE CENTRE, INC., a Florida cor-+• ration, Genera Pal npr,� �_ �y LAWRENCE J. DEG RGE, Chairmaned Chief Executive Off) to BY: Err. 2 1 1 42PG 1729 • • STATE OF FLORIDA COUNTY OFT,MIVIttrADE Rai \ RC 4i The foregoing in:atrument was acknowledged before me this day of MARCH, 2003, by LAWRENCE J. D EGEORGE, as Chairman and Chief Executive Officer of MIAMI ONE CENTRE, INC., a Florida corporation, General Partner, of MIAMI ONE CENTRE LIMITED PARTNERSHIP, a Florida I,imited partnership. He is personally known to me or bias produced as identificat' n and did take an oath. My Commission Expires: F VWFpi]CSURENE,MkAM1ONF-9,C&DSALE DOCSTINAL,ttiARDE ED.PARCEL-C.doc NOTARY PUBLIC OF RECORDED rN OFF,CLAL RECORDS SOO( RECOR E COUNTY ^�LOReQA O vER,F,ED HA LERk CJ'RWlCoua7