The URL can be used to link to this page

Home My WebLink AboutMUSP Appl & Supp DocsWEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. HURNSTEIN JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. HARRIET R. LEWIS GILBERTO PASTORIZA. GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ LILLIAN ARANGO DE LA HOZ• ALISON S. BIELER MICHELLE BUCKALEW ELAINE M. COHEN ATTORNEYS AT LAW MIAM1-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW. WSH-LAW.COM BROWARD OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 Ms. Lourdes Slazyk City of Miami Department of Planning * Development 444 S.W. 2nd Avenue Miami, FL 33130 *OF COUNSEL April 6, 2004 Re: Request for Phased Project Dear Ms. Slazyk: VIVIAN DE LAS CUEVAS-DIAZ STEPHANIE DEUTSCH• JENNIFER A. GOLDBERG DOUGLAS R. GONZALES TARA L. GOULD CHRISTOPHER F. KURTZ PETER A. LICHTMAN KAREN LIEBERMAN* MATTHEW H. MANDEL SERNARD 5. MANDLER* MICHAEL J. MARRERO ALEXANDER L. PALENZUELA-MAURI MICHAEL S. POPOK• ANTHONY L. RECIO SCOTT A. ROBIN GAIL D. SEROTA' JEFFREY P. SHEFFEL JOSE S. TALAVERA SUSAN L. TREVARTHEN• JAMES E. WHITE Our firm represents the applicant of the attached Major Use Special Permit Modification Application. Back in September 5, 2002, the then applicant requested the project be designated a "phased project", see attached letter dated September 5, 2002. In fact, pursuant to Resolution No. 02-1249 the project was designated a "phased project". In an abundance of caution, the applicant is again requesting that the project be designated a "phased project" for the same reasons outlined in the September 5, 2002 letter. Than you for your cooperation in this matter. Please call me if you have any questions or require additional information. Gilberto Pastoriza GPIsd 372005 Enclosures as stated MITCHELL A. BIERMAN NINA L. BONISKE JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN GILBERTO PASTORIZA JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ THOMAS J. ANSBRO• LILLIAN ARANGO DE LA HOZ• ALISON S. BIELER MITCHELL J. BURNSTEIN ELAINE M. COHEN STEPHANIE DEUTSCH• DOUGLAS R. GONZALES WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW MIAMI-DADE OFFICE 2665 SOUTH AAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE (305) 854-0800 TELECOPIER (305) 854-2323 WWW.WSH-FLALAW. COM BROWARD OFFICE 3107 STIRLING ROAD, SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE (954) 763-4242 • TELECOPIER (954) 764-7770 VIA HAND DELIVERY Ms. Lourdes Slazyk City of Miami Department of Planning & Development 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 *OF COUNSEL September 5, 2002 Re: Request for Phased Project Dear Ms. Slazyk: JOHN R. HERIN, JR. CHRISTOPHER F. KURTZ HARRIET R. LEWIS PETER A. LICHTMAN KAREN LiEBERMAN• MATTHEW H. MANDEL BERNARD 5. MANDLER• ALEXANDER L. PALENZUELA-MAURI MICHAEL S. POPOK• ANTHONY L. RECIO GARY 1. RESNICK• MARK A. ROTHENBERG SCOTT A. ROBIN DANA J. SCHINDLER GAIL O. SEROTA* ARI C. SHAPIRO JEFFREY P, SHEFFEL FRANCINE THOMAS STEELMAN SUSAN L. TREVARTHEN CARMEN I. TUGENDER Our firm represents Ricardo Glas, Trustee ("Glas"). Glas is the contract purchaser of the property which is the subject of an application for Modification to a previously approved Major Use Special Permit which accompanies this request. The following information is provided in support of this request. Section 2502 of the City's Zoning Ordinance 11000 defines phase project as follows: "A phased project is one which, due to its magnitude, has to be developed in stages. Such project shall contain a minimum of three (3) acres of land. Any project which meets such requisite shall establish the maximum development capacity for the subject property. At the time of the qualification by the director of the planning, building and zoning department, as required below, such projects shall be owned by a single entity or subsidiaries of one (I) entity and may occupy contiguous lands, separated only by streets or alleys, and will be considered as one (I) project for the purpose of calculating all zoning requirements. Individual phases of such projects which reach the MUSP Ms. Lourdes Slazyk September 5, 2002 Page 2 thresholds as established in article 17, shall also comply with all the conditions contained in section 1701(I 1)." A phased project must be qualified by the director of the planning, building and zoning department, at the written request of the property owner(s). The recipient of this qualification shall be responsible for the distribution of development rights within the boundaries of the subject property, subject to the limitations of this Zoning Ordinance." The property in question is described in the attached Exhibit "A" (the "Property") and consists of approximately 5.94 gross acres. The Property consists of two parcels located along S.E. 4th Street between S.E.2" Avenues and Biscayne Boulevard ("Parcel B" and "Parcel C") and one parcel located on S.E.2"d Avenue between S.E. 2" and 3rd Avenues ("Parcel D"). MDM has an option to purchase the Property. Parcels B, C, and D are contiguous to each other. The proposed mixed -use project (the "Project") consists of three residential towers providing 1,500 dwelling units, parking, ground and second Ievel retail (the "Residential Towers", collectively); a four-story entertainment complex with a 16-screen movie theatre (the "Entertainment Complex"); and a multilevel parking garage building with 16,745 square feet of retail (the "Parking Garage"). The Residential Towers include a 39-story condominium on Parcel B, a 42-story apartment building on Parcel C, and a 72-story apartment tower on Parcel D ("Parcel B Tower", "Parcel C Tower", and "Parcel D Tower", respectively). The Residential Towers, Entertainment Complex, and Parking Garage shall be collectively referred to as the "Project". MDM intends to develop the Project in phases. The project will be developed as one unified site in three phases of development. Phase I consists of the Parking Garage. Once finished, the Parking Garage will replace the parking currently existing on the Property's vacant lots as well as provide parking for construction employees working on the development. Phase II will consist of the Parcel B Tower, Entertainment Complex, and the Parcel C Tower. Lastly, Phase III will consist of the Parcel D Tower. Besides being contiguous to each other, the various phases: a. Will be treated as one site with a consistent streetscape and similar landscaping throughout; and b. Will be interconnected by covered loggias, wide sidewalks, parking and loading facilities. WEISS SEROTA HELFMAN PASTORIZA & GTJEDES, P.A. Ms'. Lourdes Slazyk September 5, 2002 Page 3 We believe that for the reasons stated in this letter, the Project meets the City's requirements for a phased project and accordingly request that you approve the Project as a phased project. We look forward to your approval of this request. Please do not hesitate to call me if you have any questions or require additional information. Very_ Gilberto Pastoriza GPims 372005 Enclosure cc: Tim Weller Bruce Brosch Stephen J. Helfman WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. WEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & I3ONISKE, P.A. MITCHELL A. BIERMAN NINA L. BON€SKE MfTCHELL J. BURNSTEIN JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HER€N, JR. HARRIET R. LEWIS GILHERTO PASTORIZA GARY 1. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWtTZ LILLIAN ARANGO DE LA HOZ* ALISON S. BIELER MICHELLE BUCKALEW ELAINE M. COHEN ATTORNEYS AT LAW MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0900 TELECOPIER 305-854-2323 WWW.WS H-LAW.COM BROWARD OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAIJDERDALE, FLORIDA 33312 TELEPHONE 954-763-4242 * TELECOPIER 954-764-7770 Ms. Lourdes Slazyk City of Miami Department of Planning * Development 444 S.W. 2nd Avenue Miami, FL 33130 'OF COUNSEL April 6, 2004 Re: Request for Retail Specialty Center Designation VIVIAN DE LAS CUEVAS-OIAZ STEPHANIE DEUTSCH* JENNIFER A. GOLDBERG DOUGLAS R. GONZALES TARA L. GOULD CHRISTOPHER F. KURTZ PETER A. LICHTMAN KAREN LIEBERMAN• MATTHEW H. MANDEL BERNARD S. HANDLER* MICHAEL J. MARRERO ALEXANDER L. PALENZUELA-MAURI MICHAEL S. POPOK' ANTHONY L. RECIO SCOTT A. ROBIN GAIL D. SEROTA* JEFFREY P. SHEFFEL JOSE S. TALAVERA SUSAN L. TREVARTHEN• JAMES E. WHITE Dear Ms. Slazyk: Our firm represents the applicant of the attached Major Use Special Permit Modification Application. Back in September 5, 2002, the then applicant requested the project be designated a "retail specialty center designation", see attached letter dated September 5, 2002. In fact, pursuant to Resolution No. 02-1249 the project was designated a "retail specialty center designation". In an abundance of caution, the applicant is again requesting that the project be designated a "retail specialty center designation" for the same reasons outlined in the September 5, 2002 letter. Than you for your cooperation in this matter. Please call me if you have any questions or require additional information. Ver Gilberto Pastoriza GP/sd 372005 Enclosures as stated MITCHELL A. BIERMAN NINA L.-B0NiSKE JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN .). HELFMAN GILBERTO PASTORIZA JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEI5S DAVID M. WOLPIN STEVEN W. ZELKOWITZ THOMAS J. ANSBRO• LILLIAN ARANGO DE LA HOZ• ALISON 5. BIELER MITCHELL J. BURNSTEiN ELAINE M. COHEN STEPHANIE DEUTSCH• DOUGLAS R. GONZALES WEISS SEROTA HELFMAN PASTORIZA & G•UEDES, P.A. ATTORNEYS AT LAW MIAMI-DADE OFFICE 2665'SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE (305) 854-0800 TELECOPIER (305) 854-2323 WWW.WSH-FLALAAW.COM BROWARD OFFICE 3107 STIRLING ROAD, SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE (954) 763.4242 • TELECOPiER (954) 764-7770 VIA HAND DELIVERY Ms. Lourdes Slazyk City of Miami Department of Planning & Development 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 *OF COUNSEL September 5, 2002 JOHN R. HERIN, JR. CHRISTOPHER F. KURTZ HARRIET R, LEWIS* PETER A. LICHTMAN KAREN LIEBERMAN• MATTHEW H. MANDEL BERNARD S. HANDLER. ALEXANDER L. PALENZUELA-MAURF MICHAEL S. POPOK• ANTHONY L. REC$0 GARY 1. RESNICK• MARK A. ROTHENBERG SCOTT A. ROBIN DANA J. SCHINOLER GAIL D. SEROTA• ARi C. SHAPIRO JEFFREY P. SHEFFEL FRANCINE THOMAS STEELMAN SUSAN L. TREVARTHEN CARMEN I. TIJGENDER Re: Request for Retail Specialty Center Designation for One Miami Project Dear Ms. Slazyk: Our firm represents Ricardo Glas, Trustee ("Glas"). Glas is the contract purchaser of the property which is the subject of an application for Modification to a previously approved Major Use Special Permit to allow the proposed development (the "Project") which accompanies this request. The following information is provided in support of this request. Section 4-2 of the City's Code defines Retail Specialty Center as follows: "The retail component of a multiuse development, with a minimum of 50,000 square feet of net leasable area; such retail component to contain a mixture of retail shops and eating places which may include, by way of example and not limitation: retail shops selling apparel, furniture, men's or women's accessories or specialty gifts and such retail shops as pharmacies, newsstands, bookstores, high- tech or photography stores, flower or produce marts, arts and crafts shops or bakeries, and eating places such as restaurants, cafes, delicatessens, gourmet Ms. Lourdes Slazyk September 5, 2002 Page 2 shops or fast food services. For purposes of this section the term "multiuse development" shall mean any development with: 1) Approval for retail use and at least one of the following types of uses: hotel, residential, movie theater, or office use; 2) A unified plan of development which shall include, but not be limited to, plans providing for the different uses in the development to be physically integrated through direct access from one to the other; 3) Parking provided by an on -site enclosed garage; and 4) All project uses under common management." Glas is requesting that the proposed retail/entertainment center (the "Center") located on the northeast corner of S.E. 4th Street and S.E. 3rd Avenue be designated a Retail Specialty Center pursuant to Chapter 4 of the City's Code. The Center consists of 106,150 square feet of retail space and will include a 16-screen movie theater. The Center meets the City of Miami's requirements for a Retail Specialty Center in the following ways: a) The Center will provide 106,150 square feet of net leasable area containing a mixture of retail shops and eating places, which far exceeds the 50,000 square feet of retail required by the Code; b) In addition to the retail component, the Center includes movie theater uses, therefore qualifying as a "multiuse development"; c) All buildings of the Project are integrated via consistent streetscapes, pedestrian -friendly wide sidewalks, and covered loggias; d) Parking for the various uses of .the Project will be contained entirely within the Project; and e) All Project uses will be under common management. We believe that for the reasons stated in this letter, the Project meets the City's requirements for a Retail Specialty Center and accordingly request that you approve the Project as a Retail Specialty Center. WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. Ms. Lourdes Slazyk September 5, 2002 Page 3 We look forward to your approval of this request. Please do not hesitate to call me if you have any questions or require additional information. Gilberto Pastoriza GPIms 372005 cc: Tim Weller Bruce Brosch Stephen J. Helfman W E I S S S E R O T A H E L F M A N PASTORIZA & GUEDES, P.A. 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 MAJOR USE SPECIAL PERMIT 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. 09/29/03 IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS BE REQUIRED WHERE SPECIFIED USES AND/OR OCCUPANCIES INVOLVE MATTERS DEEMED TO BE OF CITYWIDE OR AREA -WIDE IMPORTANCE. THE CITY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMITS. (SEE ARTICLE 17 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) THE 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) FINAL APPROVAL OF THIS APPLICATION FOR MAJOR USE SPECIAL PERMIT SHALL CONSIST OF AN EXECUTED RESOLUTION BY THE MIAMI CITY COMMISSION AND A DEVELOPMENT ORDER ATTACHED THERETO WHICH SPECIFIES THE CONDITIONS UNDER WHICH THIS MAJOR USE SPECIAL PERMIT APPLICATION IS APPROVED. IF APPROVED BY THE CITY COMMISSION, SAID RESOLUTION AND DEVELOPMENT ORDER SHALL, UPON EXECUTION THEREOF, BE TRANSMITTED TO THE OWNER OR AUTHORIZED AGENT. 1, Gilberto Pastoriza, Esq., on behalf of the owners listed in Exhibit "A" to this application, 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 at the following location: Approx. 300 S.E. 3`d Street; 200 S.E. 3rd Street. 200 S.E. 2nd Street Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of 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, etc.; building elevations and dimensions and computations of lot area and building spacing. 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 3rd 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 (see pages 5 and 6). 6. Certified list of owners of real estate within a 500-feet radius from the outside boundary of property (see pages 7 and 8). 7. At least two photographs that show the entire property (land and improvements). Rev. 09/29/03 2 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. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and around the property. 11. General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. 12. 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. 13. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). 14. 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. 15. 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. 16. 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.) NO 17. What is the acreage of the project/property site? 9.32 acres What is the purpose of this application/nature of proposed use? This substantial modification to the previously approved Major Use Special Permit increases the office component on Parcel D to 500,000 square feet, shifts the residential densities from Parcel D Rev. 09/29/03 3 to Parcel C, and redesigns the buildings in Parcels C and D among other minor changes. This Substantial Modification to the Major Use Special Permit will allow a mixed -use development consisting of 1500 residential units, approximately 236,700 square feet of retail, 500,000 square feet of office, and approximately 3,716 parking spaces. 18. All documents, reports, studies, exhibits (8 %2 x11 ") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 19. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 20. Cost of processing according to the City Code: a) $ 20,068.75, for the Substantial Modification to the Major Use Special Permit. b) Additional fee of $ 0, for any required special permits, changes of zoning or variances. c) Additional fee for Advertising: $1,150 c) Total Fee: 218.75. Telephone 305-854-0800 STATE OF FLORIDA COUNTY OF MIAMI-DADE dress 2665 S. Bayshore Drive, Ste. 420 Miami, FL 33133 Date April 6, 2004 The foregoing instrument was acknowledged before me this 6 day of { 20P;(by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of the owners listed in Exhibit A" to this Application a(n) individual/partnership/corporation. fIelShe is personally known to me)r who has produced as identification and w-ho did (did not) take an oath. (Stamp) Signature f-y►r,,s Deborah E. Sabin • My commission D8192602 'w r Expires March 12, 2007 Rev. 09/29/03 4 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 lots 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. 09/29/03 4