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HomeMy WebLinkAboutApplication & Supp Docs• • Greenberg Traurig Gloria M. Velazquez (305) 579-0736 E-Mail: veiazquezg@gtlaw.eom August 7, 2004 Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue, 7th Floor Miami, FL 33130 Re: Letter of Intent for Lofts II MUSP Dear Teresita: On behalf of the property owner Rafael Kapustin, Trustee and TRG-Downtown _:. - Loft II, Ltd. contract purchaser, we are submitting a Major Use Special Permit ("MUSP").n,;;;jx, application for approval of 496 residential units and 4,675 S.F. of retail. Should you have any questions, please call me at (305) 579-0736. Very truly yours, Gloria M. Velazuez :g ours.fi. i l rtic s -t ?21 B„cke _..L3zi 1i Div -.37-, 03iFax305579.0717 „10 . om • • • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARIING 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. 08/15/03 e o • 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. I, Gloria M. Velazquez, on behalf TRG-Downtown Loft II, Ltd. contract purchaser and Rafael Kapustin, Trustee, owner , 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: 236 N.E. 2nd Street, 226 N.E. 2nd Street and 133 N.E. 2nd Avenue, Miami, Florida 1. 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 4tn Floor and Planning on the 3`d Floor, prior to submittal of application. 4. An 8 %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). Rev. 08/15/03 2 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. 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 1304.2.1 d-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.) No 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? .83 acres 18. What is the purpose of this application/nature of proposed use? Approval of Major Use Special Permit for 496 residential units and 4,675 Sq. Ft. of retail. Rev. 08/15/03 3 19. 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. • • 20. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 21. Cost of processing according to the City Code: a) $ 30,000 , for the Major Use Special Permit. b) Additional fee of $ -0- , for any required special permits, changes of zoning or variances. c) Total Fee: $ 31,612.00 Advertisement surcharge $1,150 Mailing (66 labels x $7.00) $462.00 Signature �� Address 1221 Brickell Avenue Name Gloria M. Velazquez Miami, Florida 33131 Telephone 305-579-0736 Date August 6. 2004 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this V- day of August 2004, by Gloria M. Velazquez who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personallyknown,.to me or who has produced as identification and who did (did not) take an oath. (Stamp) OFFICIAL NOTARY SEAL MARISOL R GONZAI.F7 NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD14 $82 5 Y COMMISSION EXI'. SEPT 17,2006 Signature t � i Rev. 08/15/03 4 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Gloria M. Velazquez , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by 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 he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, ❑ including responding to day to day staff inquires; 0 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 sayeth not. Gloria M. Velazquez Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Signature/ The foregoing instrument was acknowledged before me this day of 2004, by Gloria M. Velazquez who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personallyknowato.me or who has produced as identification and whodid_did not) take an oath. (Stamp) OFFICIAL NOTARY SEA L MARISOL R GONZALEZ s '0TARY PUBLIC STATE OF FLORIDA COMMISSION NO. DOi4688 MY COMM Iss r.,1EXP.5E'T I7, 6 Signature Rev. 08/15/03 5 • • • CONTRACT PURCHASER DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 236 N.E. 2nd Street, 226 N.E. 2nd Street and 133 N.E. 2nd Avenue, Miami, Florida See attached Exhibit "A" 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code 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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name 1{ltif "VOW; Mailing AddressCam-( yt)d Telephone Number ` 5 " `7 6 + --l 6'0 °, 18 ("See Zip Code 33 d 171-5 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Stet 3de5 54,y e- tin1 FU.- 33 t 3 \ Ma-4 evk Owner or Attorney for Owner Name Owner or Attorney for Owner Signature Legal Descriptio ')tY STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of June 2004, by &. i e t\ who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced (Stamp) as identification and who did (did not) take an oath. a DES§4s.14/4% eThr€1 Ga `iea' , ®o� � % om11 i i6Ta DD231727 Expires July 13, 2001 AarV,. Notary mature DISCLOSURE OF OWNERSHIP Street address and legal description of subject property: 236 N.E. 2nd Street, 226 N.E. 2nd Street and 133 N.E. 2nd Avenue, Miami, Florida See attached Exhibit "A" 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code 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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name: Rafael Kapustin, Trustee Mailing Address: 25 SE 2nd Avenue -Suite #750; MIA, FL Zip Code: 33131 Telephone Number: (305) 371-9090 Trustee for Downtown Development Corporation (*) Rafael Kapustin 35%, Sara Kapustin 35%, Andre J. Kiapu55iin 15% a naapus i 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Metropol Building: Colon Building: College Corner: Legal Description Lot 14 and the East 40 Feet of Lot 13 Block 100 North, City of Miami Flat Book "B" Page 41 of Florida The South 50 Feet of Lots 11 & 12 Block 100 North, City of Miami Flat Book "B" Page 41 of Florida. The North 100 Feet of Lots 11 and 12 Block 100 North, City of Miami Plat Book "B" Page 41 of Florida. I D.s+i Owner or Attorney'for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE the Public Records of Dade County the Public Records of Dade County the Public Records of Dade County Owner or Attorney for Owner Signature The foregoing instrument was acknowledged before me this ) D day of July 2004, by who is a(n) individuat/partner/agent/corporatiion of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did no;) tape an oath. (Stamp) (*) Owned & Controlled by the Kapustin Family. ie Guiderfez w#�DD 317 13. 2007 to ro�� YF��•� 'eannie Gu de °re g� : Cv"`� i g51'ilit # DD2317 vie E t ir e my ? 3s2007 �`^� Aaron Nota_rst • Exhibit "A" LEGAL DESCRIPTION PARCEL 1 LOT 10, A PORTION OF LOT 9 AND WESTERLY PORTION OF LOT 8, BLOCK 103 N OF THE MAP OF MIAMI DADE COUNTY FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA. MORE PARTCULARLY DESCRIBED AS FOLLOWS THE POINT OF BEGINNING BEING THE NORTHWEST CORNER OF SAID LOT 10; THENCE RUN ON A BEARING OF NORTH 87'42'36" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF N.E. SECOND STREET A DISTANCE OF 92.45 FEET; THENCE SOUTH 0216'46" EAST A DISTANCE OF 24.74 FEET ; THENCE NORTH 87'42'36" EAST A DISTANCE OF 8.79 FEET, THENCE SOUTH 02'16'38" EAST A DISTANCE OF 125.33 FEET; THENCE SOUTH 87'42'56" VEST A DISTANCE OF 101.24 FEET THENCE NORTH 02'16'38" WEST ALONG ThE EAST RIGHT OF WAY LINE OF N.E. SECOND AVENUE A DISTANCE OF 150.06 FEET TO THE POINT OF BEGINNING CONTAINING 14975 SQUARE FEET ±, 0.544 ACRE ± AIR PARCEL 2 A NON EXCLUSIVE INGRESS AND EGRESS EASEMENT THROUGH THE SOUTHERLY PORTION OF LOT 8 OF BLOCK 103 N OF THE MAP OF MIAMI, DADE COUNTY FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B A T PAGE 41 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA IN WHICH THE LOWER HORIZONTAL PLANE LIES AT EXISTING GROUND LEVEL AND THE UPPER HORIZONTAL PLANE A T AN ELEVATION OF 28.50 FEET N. G. V. D. THE HORIZON FAL BOUNDARY OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 10 OF SAID BLOCK 103 N; THENCE RUN ON A BEARING OF NORTH 87'4236" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF N.E. SECOND STREET A DISTANCE OF 149.16 FEET THENCE SOUTH 02'18'11 " EAST A DISTANCE OF 125.00 FEET ro THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02'18'11 " EAST A DISTANCE OF 20.00 FEET- THENCE SOUTH 87'40'02" WEST A DISTANCE OF 47.98 FEET; THENCE NORTH 02'16'38" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 87'40'02" EAST A DISTANCE OF 47.97 FEE T TO THE POINT OF BEGINNNG, CONTAINING 960 SOUARE FEE T f O.022 ACRE .t AIR PARCEL 3 A PARCEL OF AIR SPACE IN WHICH THE LOWER HORIZONTAL PLANE LIES AT AN ELEVATION OF 70.57 FEET N. G. V. D. OVER AND ABOVE THE NORTH PORTION OF LOT 8, A PORTION OF LOT 7, AND A PORTION OF LOT 9 BLOCK 103 N OF THE MAP OF MIAMI DADE COUNTY, FLORIDA ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK B AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI DADE COUN TY. FLORIDA. THE HORIZONTAL BOUNDARY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A r THE NORTHWEST CORNER OF LOT 10 OF SA10 BLOCK 105 N; THENCE CONTINUE NORTH 87'42'36" FAST ALONG THE SOUTH RIGHT OF WAY LINE OF N. E. SECOND STREET, A DISTANCE OF 92.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87'42'36" EAST A DISTANCE OF 65.11 FEET THENCE SOUTH 02`18'11 "EAST A DISTANCE OF 25.70 FEET; THENCE SOUTH 87' 41.36" WEST A DISTANCE OF 8.40 FEET; THENCE SOUTH 02'18'11" EAST A DISTANCE OF 124.37 FEET THENCE SOU Tr{ 87'42'56" MST A DISTANCE OF 47.99. FEET;; THENCE NORTH 02'76'38" WEST A DISTANCE OF 125.33 FEET ; THENCE SOUTH 87'42'36" WEST A DISTANCE OF 8.79 FEET, THENCE NORTH 02'16'46" WEST A DISTANCE OF 24.74 FEET TO THE POINT OF BEGINNING CONTAINING 7630 SQUARE FEET+ 0.175 ACRE ± PARCEL 4 A PARCEL OF LAND INCLUDING THE SOUTHEAST PORTION OF LOT 7, THE EAST PORTION OF LOTS 8 AND 13 AND THE NG7TH PORTION OF LOT 14, BLOCK 103 N OF THE MAP OF MIAMI DADE COUNTY, FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA T BOOK B AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 10 OF SAID BLOCK 103 N; THENCE CONTINUE ON A BEARING OF NORTH 87'42'36" EAST ALONG THE SOUTH RICH T OF WA Y LINE OF NE SECOND STREET A DISTANCE OF 157.56 FEE T TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 57'42'36" EAST A DISTANCE OF 42.44 FEET, THENCE SOUTH 02'16'38" EAST A DISTANCE OF 273,55 FEET, THENCE SOUTH 87'43'24" WEST A DISTANCE OF 12.00 FEET,- THENCE SOUTH 49' 04'38" WEST A DISTANCE OF 19.07 FEET,- THENCE NORTH 38'55'43" WEST A DISTANCE OF 17.84 FEET; THENCE NORTH 25'12'39" WEST A DISTANCE OF 20.00 FEET, THENCE NORTH 13'43'42" WEST A DISTANCE OE 19.99 FEET THENCE NORTH 04 20'46" WEST A DISTANCE OF 40.00 FEET; THENCE NORTH 02'18'11 " WEST A DISTANCE OF 167.45 FEET; THENCE NORTH 87'42'36"EAST A DISTANCE OF 8.40 FEET; THENCE NORTH 02'18'11 " PVEST A DISTANCE OF 25.70 FEET TO THE POINT OF BEGINNING CONTAINING 13515 SQUARE FEET .* 0.310 ACRE ± SUBJECT TO AN ACCESS EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A T THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE SOUTH 02' 18'11 " EAST A DISTANCE OF 25.70 FEET 'O THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 0218'11" EAST A DISTANCE OF 199.96 FEET; THENCE SOUTH 84 52'15" WEST A DISTANCE OF Z24 FEET- THENCE NORTH 0420'46" WEST A DISTANCE OF 32.89 FEET; THENCE NORTH 02'18'11 " WEST A DISTANCE OF 167.45 FEET,- THENCE NORTH 87 '42'36" EAST A DISTANCE OF 8.40 FEET TO THE POINT OF BEGINNING CONTAINING 1622 SQUARE ; EET± 0.038 ACRE ± THE UPPER HORIZONTAL PLANE OF SAID ACCESS EASEMENT IS LOCATED AT AN ELEVATION OF 70.57 FEET N.G. V.D. PARCEL 5 A NON EXCLUSIVE INGRESS EGRESS EASEMENT ON THE SOUTHEAST PORTION OF LOT 14 BLOCK 103 N OF THE MAP OF MIAMI DADE COUNTY, FLORIDA ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK B A T PAGE 41 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 10 OF SAID BLOCK 103 N; THENCE NORTH 87'42'36" EAST ALONG TT-E SOUTH RIGHT OF WAY LINE OF N.E. SECOND STREET A DISTANCE OF 200.00 FEET,- THENCE SOUTH 02'16'38" EAST A DISTANCE OF 273.55 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02'16'35" EAST A DISTANCE OF 25.61 FEET THENCE SOUTH 87'43'24" WEST A DISTANCE OF 12.00 FEET;; THENCE NORTH 02'16'38" WEST A DISTANCE OF 26.61 FEET; THENCE NORTH 87'43'24" EAST A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING CONTAINING 319 SQUARE FEET± 0,007 ACRES ± PARCEL 7 THE WEST 25.00 FEET OF LOT 6 AND THE WEST 25.00 FEET OF LOT 15, BLOCK 103N OF THE MAP OF M1AM1-DADE COUNTY, FLORIDA ACCORDING TO THE MAP THEREOF AS RECORDED 1N PLAT BOOK 'B" AT PAGE 41 OF THE OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA CONTAINING 7504.0 SQUARE FEET i, OR 0.17 ACRES ±. Exhibit "B" • • • TRG-Downtown Loft II, Ltd. Ownership Structure The elated Group of Florida 100% share lder Trelcorn Develop Change made • • 99.9% G.P. t, Inc. .1% G.P. Trelcorn Development, Ltd. 100% shareholder TRG-Downtown Loft II, Inc. .1% G.P. TRG-Downtown Loft II, Ltd. \\ve!\ 1 FVQP01 _ DOC7/21/041. 99.9% L.P. • • ENTITY NAME TRG - Downtown Loft 11, Ltd. OWNERSHIP STRUCTURE DATE FORMED OWNERSHIP CAPITAL CONTRIBUTION TRG - Downtown Loft 11, Ltd. Tax ID # 54-2127383 09/22/03 0.10% GP 99.90% Ltd 100.00% TRG - Downtown Loft 11, Inc. Trelcom Development, Ltd. 0.10 99.90 100.00 TRG - Downtown Loft 11, Inc. Tax ID # 09/22/03 Shares 100.00% 1,000 Trelcom Development, Inc. 100.00% 1,000 10.00 10.00 TRG - Downtown Loft II, Inc. Jorge M. Perez Roberto S. Rocha Angel A. Hernandez Matt Allen President, and Treasurer Vice President Vice President, Secretary Vice President Trelcom Development, Inc. Jorge M. Perez Roberto S. Rocha Angel A. Hernandez Matt Allen Andrew Aldi President, and Treasurer Vice President Vice President, Secretary Vice President Vice President Exhibit "C" r . 1L DESCRIPTION: LOTS 8 AND 9 AND THE NORTH 3 FEET OF LOT 17, 1N BLOCK 100N OF CITY OF MIAMI, NORTH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 'B", PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. • • (b) MAJOR USE SPECIAL PERMIT Section 1304.1.1 Application forms; supplementary materials (a) Statements of ownership and control of the proposed development of activity. The Disclosure of Ownership and Ownership Affidavit are provided in Article I. Statement describing in detail the character and intended use of the development or activity. Related Lofts II will be a 35 Story Residential Building with 496 Units. The Project is located at the S.E. Comer of N.E. 2nd Ave. and N.E. 2nd Street, Miami, Florida. The Development consists of a parcel with a net lot area of 36,338 square feet (.834 acres). The gross lot area is 45,678 square feet (1.048 acres). The `Metro Mover' crosses through the site, with the project utilizing air right above the light rail system. The zoning designation for the property is CBD. The proposed building consists of two components bi-sected by the `Metro Mover' for the first 8 floors, then connecting above that level for the next 27 floors. The west component on the corner of N.E. 2nd Ace., and 2nd Street contains a 2 Story High Lobby, Administrative Space, Mech/Elect Equipment and 4,000 S.F. of Retail Space on the First Level. The Second Level has a Club Room and 6 Apartment Units. The 3rd through the 8th Level has 9 Units per floor. The East Component; on N.E. 2nd Street, consists of a Small Entrance Lobby, Mechanical Space and 675 square feet of Retail Space. Levels 2 through 8 has 2 Apartment Units per floor. The Street Level also contains a Lap Pool, Public Toilets and Staff Parking for 4 Cars, entering from N.E. 1st Street. Levels 9 through 34, which now is combined into a Single `L' Shape floor will have all Residential Units (See various floor plans for breakdown of units). The 35th Level has a Large Outdoor Swimming Pool, a Complete Health Club Facility, and 6 Apartment Units. Parking for the building is provided in the existing city of Miami Parking Garage located on the corner of S.W. 2nd Ave., between N.E. 2nd Street and N.E. 31-d Street (Caddie -Comer from Building Project). The Project will offer Full Valet Service 24/7. The Residential Tower, though spanning over the Metro Mover - is simple in conception and execution. The Structural Engineer (Ysrael Seinuk-P.E.) has devised a system of angled columns above the People Mover, which transfers the loads to the walls within our property lines. This then precludes any interruption to the station and lines below. Of course all precautions will be taken to insure protection of the facilities and people below this area. • • The Design emphasizes efficient apartment layouts, with compact `Loft' Units arranged around an elevator core, a central corridor and remote stairs. Each residence, expressed individually on the facade of the building, features views in all directions and private balcony or balconette's. The amenities for the Project include a Two Story Lobby - entered from N.E. 2nd Ave., a Large Clubroom at the 2nd Level; an In -Ground Lap Pool with Toilet Facilities, Snack Area and Landscaping; Retail Space at Grade Level - for Convience Outlets; and a Sky Garden/Recreation Deck at the 35th Level. The Sky Garden features a 20' x 45' Swimming Pool, a Separate Outdoor Spa, and Lush Landscaping - emphasizing Native Tropical Trees, Plants and Shrubs. The 35th Level also contains a Spectacular Health Club with views to the north and west overlooking the entire city, as well as opening to the Sky Garden to the east. Drawings showing the Architectural Character and Location of the Intended Uses are included under Tab 6 of the Supporting Documents. (e) General location map, showing relation of the site or activity for which special permit is sought to major streets, schools, existing utilities; shopping areas, important physical features in and adjoining the project or activity and the like. The Mowing exhibits are included with the Major Use Special Permit Application: (1) Aerial: Aerial photograph of the surrounding area indicating the project site. (2) Area Context Map/Site Aerial: Map of the project area indicating buildings and their functions that surround the site. Location Map: Map of the surrounding street system indicating the project location. (3) (d) A site plan containing the title of the project and the names of the project planner and developer, date, and north arrow and, based on an exact survey of the property drawn to a scale of sufficient size to show: The general information requested is shown on the Cover Sheet and Site Plan Sheet A-O, provided under Tab 6 of the Supporting Documents. The site plan includes the following: (1) Boundaries of the project, any existing streets, buildings, watercourses, easements and section lines; The boundaries of the project and the location of existing streets and easements are shown on the Survey located under Tab 5 of the Supporting Documents. 2 • • • (2) Exact location of all buildings and structures; The exact location of all existing buildings located on the property is shown on the Boundary Survey under Tab 5. The location of the building to be constructed is shown on the Site Plan, Sheet A-O , located under Tab 6 of the Supporting Documents. (3) Access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic; Vehicular access for the project is from Northeast 2nd Avenue. Access to the parking garage is from Northeast 2nd Street. The service drive for the project, as well as the loading areas are located on the north-east, and the southwest property lines. A detailed analysis of the site access and traffic flow is provided in the Traffic Impact Analysis located under Tab 2 of the Supporting Documents. (4) Offstreet parking and offstreet loading areas; The offstreet parking facility is provided in the existing City of Miami Parting Garage. The garage is shown on Sheets A-CTXT provided under Tab 6 of the Supporting Documents. The Zoning Ordinance requires Four (4) loading bays. There will be four (4) loading bay 12 ft. x 35 ft. The clearance for all loading bays is 15 feet minimum. Service areas are shown on the A-0 & A-1 Plans, under Tab 6 of the Supporting Documents. (5) Recreational facilities locations; The roof -level 35, will serve as a recreation deck for the development and will include indoor and outdoor amenities. It will include indoor recreational facilities such as the health club, lockers, bathrooms and showers and Sauna. Exterior facilities will include a pool, spa and roof deck with planters. The 2nd level will also have a club room for the complex. There will also be a pool, toilet facilities and service bar located on the ground level. These facilities are shown on the A-0, A-1, A-2 & A-14 located under Tab 6 of the Supporting Documents. (6) Screens and buffers; 3 • (7) (8) Landscaped areas ate indicated on the Plan, Sheet L-1 ,and L-2, located under Tab 6 of the Supporting Documents. Refuse collections areas; Waste collection will be provided by containerized system located within the service areas. The building will include a dry wash, refrigerated garbage rooms and can wash. These facilities are shown on the A-1 Plan, located under tab 6 of the Supporting Documents. Access to utilities and points of utilities hookups. Access and connections to site utilities are discussed in the Site Utility Study located under Tab 3 of the Supporting Documents. (e) Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to: (1) The various permitted uses: Residential Sq. Ft 450,416 S.F. (2) Ground coverage by structures: Building Footprint = 15,238 S.F. Ground coverage by the structures is 33.36% of the total gross lot area. (f) Tabulation showing the following: (g) (I) The derivation of numbers of offstreet parking and offstreet loading spaces shown in (d) above; Parking to be provided in the existing City of Miami Parking Garage. The loading spaces are shown on Sheets A-0 & A-1, under Tab 6 of the supporting documents. (2) Total project density in dwelling units per acre. As per CBD the maximum project density is 1000 units per acre. The designated site is 1.047 acres, which allows for the construction of 1047 units. This project will provide only 496 units. If common facilities (such as recreation areas of structures, private streets, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. All common facilities provided will be maintained by the Owner. 4 • • • (h) Storm drainage and sanitary sewerage plans. Storm drainage, water distribution, waste water and solid waste generation provisions are discussed in the Site Utility Study located under Tab 3 of the Supporting Documents. (i) Architectural definitions for buildings in the development; exact number of dwelling units, sizes, and types, together with typical floor plans of each type. Detailed information and breakdown of square footage of all uses are found under Project Criteria within The Project Summary, included under Tab 6 of the Supporting Documents. Typical floor plans for residential units are shown on the Typical Residential Floor Plans. All drawings are located under Tab 8 of the Supporting Documents. (j) Plans for signs, if any. The project will obtain signage approval at a later date. (k) Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for litigation and future maintenance. The landscape plans showing vegetation are found on the L-1 and L-2. All landscape plans are located under Tab 6 of the Supporting Documents. (1) Plans for recreation facilities, if any, including location and general description of buildings for such use. The 35th level will contain a complete health club, pool & spa and recreation deck. A clubroom is located on the 2nd level. There will also be a lap pool at grade level. (m) (n) Such additional data, maps, plans, or statements as may be required for the particular use or activity involved. The details of the spaces and calculations used to compute the Floor Area Ratio (FAR) are shown on the Sheet A-0, provided under Tab 6 of the Supporting Documents. Such additional data as the applicant may believe is pertinent to the proper consideration of the site and development plan. Elevations depicting the architectural character of the building are shown on the Buildings Elevations. Sheets A-19 through A-22. All elevations are located under Tab 6 of the Supporting Documents. 2. Section 1102.2.1 General Report. 5 • • (1) Property ownership and beneficial interest within the boundaries of the area proposed for Major Use Special Permit. Statement of Ownership and beneficial interest within the boundaries of the area proposed for Major Use Special Permit are provided in Article I. (2) The nature of the unified interest or control. The nature of unified interest or control is indicated in Article I. (3) Survey of the proposed area showing property lines and ownership. A copy of the Surveys are included under Tab 5 of the Supporting Documents. (4) Map of existing features, including streets, alleys, easements, utilities lines, existing land use, general topography, and physical features. The existing site features and utility lines are shown on the Boundary Survey of the property located under Tab 5. The site features and the utilities are also described in the Site Utility Study, located under Tab 3 of the Supporting Documents. (5) Materials to demonstrate the relationship of the elements listed in (4) preceding to surrounding area characteristics. The drawings submitted with this Application are located under Tab 6 of the Supporting Documents. (6) Existing zoning and adopted comprehensive plan designations for the area on and around the lands proposed for Major Use Special Permit. The existing zoning designation for the property pursuant to City of Miami Ordinance No. 11000 and Page 36 of the Zoning Atlas Map (which is located in Article I), indicates the existing and surrounding zoning. The zoning designations for the property is CBD Overlay. The Comprehensive Plan Future Land Use designation for the property and the zoning are consistent with one another. 3. Section 1102.2.2 Major Use Special Permit Concept Plan. (a) Relationships of the concept plan to surrounding existing and proposed future uses, activities, systems, and facilities (transportation, recreation, view corridors, pedestrian systems, service systems and similar uses. Article II contains a written narrative of this project outlining proposed uses, activities and architectural character. This narrative also contains descriptions of the projects relationship to traffic, pedestrian movements, and transportation access. Building elevations. sections and perspectives showing the proposed materials, vertical profile and height, and orientation to streets are included in the 6 • s • drawings submitted with this Application. The list of drawings submitted is found under Tab 6 of the Supporting Documents. (b) Existing zoning and adopted comprehensive plan principles and designations. The project conforms with the CBD overlay zoning district designation for the property. The comprehensive plan future land use designation conforms with the land use designation currently in effect for the property. 4. Section 1702.2.3 Developmental Impact Study. (a) A traffic analysis shall be submitted for an area within approximately 114 mile of the site, or an area including the major intersections to be impacted by the site, whichever is larger. The Traffic Impact Analysis is included under Tab 2 of the Supporting Documents. (b) Economic impact data shall be provided, including estimates for construction costs, construction employment, and permanent employment and shall demonstrate that the proposed development is favorable to the economy, public services, environment and housing supply of the City. The Economic Impact Study Is included under Tab 4 of the Supporting Documents. (c) A housing impact assessment. There will be 496 residential units within the development. The average sale price will be $105,000 to $350,000. (d) A description of proposed energy conservation measures shall be provided, including only those measures that are proposed in addition to the minimum requirements in State Energy Code. Architecturally, the building envelope will be comprised of insulated walls and roof. Tinted glass will be used throughout the building. Electrically, all exterior and landscape lighting will be controlled by means of time docks and photocell switches. Energy saving lamps— ballasts and fixtures are being considered at cores and public spaces. (e) Historic Buildings There are no historic structures located on the property. 7 • • (1) Environmental Zone The property is not located within an environmental preservation district \\MIA-SRVO I IVELAZQUEZG11572737v0111 FVS 101_.DOC17/21/04 • • • RiC. # 80601335 I 9sr.:1.7 1824- 1,943 AFR 15 11t511 Folio Do. 01-•0110-030- 2030 DECS1P DEE 410.00 SURiX 1r1157,50 llArdirf RIWtN, CLERK OAK COUNTY FL SPECIAL WARRANTY DEED `IBIS INDENTURE, made this 13 day of April, 1998, between DONALD W. CARSON, Iudlrldun&ly and as tnrstae. with a post office address for the purposes of this instrument At 2600 S.W. Third Avenue, Suite 650, Mittimmi, Florida 33129-2343 ("Seller") and 1U FAEL K.APUSflN, TRUSTEE, with a post office address for the purposes of this immanent etThittt 750. 25 6.i;. 2r(d Avg.. t sin,.T, 3311.1 ("Buyer"). WITN ESSETR: That Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other goad and valuable considerations, as it in hand paid by Buyer, the receipt and sufficiency of which are hereby ceknowledgud, has granted, bargained and sold to Buyer, his heirs, sarcasms and assigns forever, that real property situate, lying and being in the County of Dade and State of Florida, as more particularly described in Exhibit A attached hereto and by this reference made a part hereof (the "Property"). Subject to casements, conditions, reservations, restrictions and limitations of record; to appiicable zoning rules and regulations and other requirements Unposed by governmental authorities: and to taxes and assessments for the current and subsequent years. .And Seller hereby certifies that he does not reside and has not resided at any time on the Property, that the Property is not his homestead property as defined under Article X, Section 4 of the Florida Constitution, and that the Property is not contiguous thereto. And Zeiler does hereby agree to defend the title to the Property against the lawful claims of all persona whoinioever claiming by, through or under Seller. L*1 WITNESS WHEREOF, Seller has caused these presents to be signed in his name the day and year above written. Signed, sealed and delivered in the presence of us: STATE OE FLORIDA COUNTY OF DARE The foregoing instrument was acknowledged before the this day of April, 1998 by Donald W. Carson. individually and as trustee. He is personally known to me or has produced hie driver's license as identification. This inst:: uraont prepared .hyl Nicholas v". Watkins.l;sq. Quite 504 501 S.cirkoi.1 Eny Drive Miaiai rloridia 33131 rit.tsO kdi.02� OLGA D. GARCIA My Comm Exp. 517fi100 4 � � a ; Batt ad By Service ins iy. CC547067 300400908 - DD:18060 4351 02/02/2004 10713 AM 1 of 2 • • EXHIBIT A Tho Property The West 25 feet of Lots 6 arid 15, Block 103. of City of Mimi, North, according to the Plat thereof, recorded in Plat Book R, at Page 41, of the Public Records of Dade County, Florida. PAR VEY PIA/IN ... f'7l.S r£1+f :£)..I,• 300400908 - DD:18060 4351 02/02/2004 10:13 AM 2 of 2 1.1 11. 1905 vc I872 lnstrument.prcpared by and return to. Jacob Dom, Real Estate Officer €fSA/Facilities Planning and Development Divisiait 1 1 1 N.W. 1 Street, Site 2460 Miami. Florida 33128-1907 Portions of Folios No. 01-0110-030-2040, 01-0110-030- 20611.01-313 6.005.1050 and 0 t -O l 00-1HEU-002? 00R 15489 1 7000 APR 03 10109 D0CSTPf3EE 9,600.00 SURTX 7r200.00 HARVEY RUVIN, CLERK DADE COUNTY, EL. COUNTY DEED 'TIBS DEED. made this )) ( day of tyt rcL, 2000 . A.D. by MIAMr-DADE ('()LINTY. FLORIDA. a Political Subdivision of the State of Florida, party of the first part, whose address is: Stephen P. Clark ('enter. 111 N.W. 1 Street Suite 17-202. Miami, Florida 33128-1963. and Rafael Kapustin, Trustee. party of the second part. whose address is 25 SF 2" Avenue. #750, Miami. F1. 33131: Wr7'NESSETH: That the said party of the first part. fiir and in consideration of the sum of One Million Six Hundred 7-housand Dollars and No/100 ($1,600,000.00) to it in hand paid by the party of the second part. receipt whereof is hereby acknowledged. has granted, bargained, and sold to the ,said party of the second part. hislher heirs and assigns forever. hereinafter "Owner", the following described land lying and being in Miami -Dade County. Florida: The land, described in the attached Exhibit to Deed, and identified as Parcels l and 4, plus Easements in the areas described as Parcels 2 and 5, and subject to the easement described as Parcel 6, plus air rights described in Parcel 3, with said Easements in Parcels 2, 3 and 5 more particularly described in the (:rant of Easements Appurtenant attached hereto and incorporated as if fully set forth herein. To protect the safety of public transit users. Owner shall protect the safety of the Mctrornover System on the portions of Lots 7. 8. 9. 10. 13 and 14, Block 103N, Map of Miami, Dade County. Plat Book B. Page 41. hereinafter "Metrontover," not conveyed herein and avoid any activities which may interfere or disrupt transit operations and maintenance. 01 10dccd. am (7 50 300400908 _ DD:19051 1872 02/02/2004 10:13 AM 1 of 6 /c. 19051;3 18T3 Prior to all construction on any of the property conveyed herein. Owner shall submit to Miami - Dade County for review and approval. complete construction plans for any construction, alterations. maintenance. modifications or improvements to be made on the property. These plans shall also show how the Ivletromover will be protected during the planned construction activities.' These plans shall meet the requirements of the City of Miami, County Building Codes. State of Florida Department of Transportation (FDOT), and other applicable laws and regulations. No construction shall commence on the property without the prior written consent of the County Manager. Detailed 'Construction Plans clearly showing the measures to he taken by Owner to ensure the Mctromover protection shall be prepared and submitted to County for its approval prior. to starting any construction on the property conveyed herein. County shall have the right to inspect all construction to ensure the safety of the Metromovcr system. No activity shall be Conducted in the property conveyed herein that will have a seismic influence on the transit operations in the Mctromovcr property. This grant conveys only the interest of the County and its Board of County Commissioners in the property herein described and shall not be deemed to warrant the title or to represent any state of facts concerning the same.' • AS0290001 \jdorrt$199910110DFG1) .Fi'rsl Si McIrumowcr.doc 300400908 - DD:19051 1872 02/02/2004 10:13 AM 2 of 6 K 19051;1874 IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its. Board of County Commissioners acting by the Mayor of said Board, the day and year aforesaid. (0 er ATTEST: HARVEY RUVIN, CLERK By: MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: ' Mayor The foregoing was authorized and approved by Resolution No. R-776-99 of the Board. of County Commissioners of Miami -Dade County. Florida, on the 13th day of July, 1999. Approved for Legal Sufficiency 3- \\S0290001ljdom$\I999\01 #OI)EEI) -First Si Mctromuvrt.doc 300400908 - DD:19051 1872 02/02/2004 10:13 AM 3 of 6 tEL19051PG1875 FXIIBITJO DEED (Legal Decniption ) PARCEL I LOT C. a (villa's of LOT 9 and westerly porrlon 0f LDT 8. &O r ✓lam 11 of the MAP -OF MIAMI DADE' COUNTY FLORIDA acGofafnq to the Dfat thereof Gs recorded In fur sax 8 at PAGE 41 of the paella records of MMIAM1 OA E CaOffY. FLORIDA, ,rare particufartf aellooribea as foikwrs: The Point Of Beginning being the Alottnwest corner of said LOT 0: memo =fin uo on a bearing of Nam 87*42 36' Post clang the both right Of way Ifne of N.E. Second Street a distance of 92-45 Feet: thence South 027r4r East a distatoe of 24.74 Feet : thence Nam 87•42'357East a distant of 8.15 Fset: thyme South 02'16'371"East o distant of Feet: thence South sr -cm -wag o dfstonae of 01.24 Feats: thence North 021E38 WMT alam the fast Right of Way ilne of M.E. Se:and Avenue a dlstrnoe of ?5OO6 Few to the Paint Of Beginning containing 14975 S7vre Feel +/- 0344 Acre +/- AIR PARCEL 2 ( grade hare]. Zagreae and Egr1"s t . A non ecru ire ingress orb egress easement thrown the Southerly portion of LOT 8 of BL©CK 0.1 N of the 10AP OF MiA41i. DADE COUNT re rWL rWA according ro the Oros thereof as recorded In PLAT BOOK 8 at PAGE 41of the pcmallc raxros of MIAUICAt1E COUNTY. FLORIDA in wnkC1 the lower reran: atpi0no ilea of axlstlnp ground foreland the upper horizontal pans at an eleratiotn of 28.$0 feet N.G.Y.D. The narftanrnal Daesmory of sold earsemenr oeirp wore particularly daacribeet as falbws: Gbaer**fnp ar the Northwest corner of LOT q of said SL X 03 iv: Monte continuo on a bearing of North ar4E 36" Eats ,caning the South RIGRt of war Ilne of N.E. Stoma Stress c distance of 149.45 Fist: thence South mew fast a distance of MIX; Filet to the "Point Of Ifgllnnli theme continuo South Ot '1T East a dlitonae of 20.00 Feet: mina* South 6f7"40VZ stair a dlslonce of 4T.S18 Feet: 'Memai norm o2"isurww. a distance of 20.004`eu: Theme North 8r40VeEa t a arsfonea of 47.97 Feet to the Point Of beginning containing 960 square Feet +/— gaze Acre +,/- .1t 300400908 - DD:19051 1872 02/02/2004 10:13 AM 4 of 6 R"EC i s051 rc 1 U, 6 AIR PARCEL 3 (A.ir Ri*It. Ear.mrnt ) A Porno' of Air Spoca In whldi rho lower horizontal pane lies nt an alewaatfon of 70Sr Feet COY-D. (7,or ond atone tune Norrh portion of LOT 8. pardon of LOT 7 and carrion of LOT 9 9ilJ X 13 N of the AMP OF MIAANDADE =NTr. FLORI0A oustreling to 7he. plot thereof as recorded In PLAT AQC3K 8 or PACE 4I of the public records of -MIAMI ME COUNTY, FLORIDA. The horizontal Oou ndaty berry more pelrtladcry described as follows: Coaerhowiny Of the Northwest Cotner of LOT 10 of sold BLOCX .03 N: theme continue Norm 8r4236'East along the South Right of Way Ilne of N.E. Second Street o. distance of 9245 Feat to the Point Of Beginning: theme aantlrue North 81"'42`36 East a distfahce of 65.11Feat: thence South OZ'7tr7rt rears a dlstmce of E5.10 Feet: thence Sarum 87.427r Weer of distance of 8.40 feet: thence Swath 02"151r East a distance of 124.3T Fees: theme South 8r4E'56' West o distlelce of 47.19 Feet: theme North 0272.38'Wast a distance of f2 .3 Feat : Mono* South ! T'42'36"W,.. a distance of 8.79 Feet: thence North 0276-46-West o distance of 24.74 Feat to the Poirot Of_Qeplrinlrg containing T63O Sauare Feet./- 0.05 Acre */- P.ARCE1 4 A oorcat of tared lnfdtrdlnnp the Southeast portion of LOT 7. the Exit portion of LDTS 8 oral 13 and the Norm cot -lion of LOT 14. BWCX AJ N of the MAP OF WAIN DADE CWNT!'. mot= acoornring 10 the pia? thereof as retarded In PLAT BOOK Ei at PALS: 4I of the tragic records of ?MAW DADE CDfllfrf FLORIDA more particularly described as follows: _ Commencing at the Northwest -corner of LOT 0 of sold 8LXX A73 N: thence continue on o boor/) of Notm d?r42'36' East atom the South R1pht of Way tine Of N.E. - • Seaona Street o distance of 157.58 Feat to the Point Of Beginning: thence continuo. North 81'42'35'Easi a distance of 42.44 feat: thence South 02"A6'.18` East o alatof oa of 27335 rod: thence South 87.43424'We t a alsrohme of IED2 Feet: rnance Sw1h -49l 4'3i9"West o'distonce of 19.07 Feet: thence North 3815'4YWesr a di e'of Ir.84 Feet: thence North Z5-127,Wear a d!Storlce of 20.00 Feet: trance North /t4T42' Weer. c dist+ort= of • 19.r39 Fed: thence North 047 pf46' Wert o distorve of 40.00 Feet: thence North 02"E'irWest a distance of 161.45 Feet: torch North 8r4t36'Easr a distance of 8.40 Fed: thence North Wire West a drttancs of 25.70 Feet to the Point Of :Beginning oonrolnlrc 41515 Sretuat Fee! +/- 0313 Acre +/- subject to on oxalis, Bate r mara partk*fary deacrtbaa cs follows: ._Foe rr eosin) et MO Northwest corner of sold Perms 4: a `South 0278T Fart o ~divorce of 25.70 Feet to the Paint Of Beginning: thence continue South QZ $'rr East o dtstonce of 199.96 Feet: theme South 84'S2'15' West a distance of 7.24 Feat: thence Norm 04'20!'46'West o distance of 3229 Feet: thence North 0E1tfti'Wlest o distance of 157.45 FM: thence North 87 '42'36 East o distance of 8.40 Feet to the Point of 8eyfrinlrg COntaining ASPS Square Fast*/- 0.038 Acre •/- The upper her/1ontat pffane of sold °merit easement 1s *voted at on Memnon of 70.57 Feet N.G.Y.D. /0 `` ;�✓r=, i _ f. i r ......LLvd.Sa 300400908 - DD:19051 1872 02/02/2004 10:13 AM 5 of 6 ' � 8 1905 t tC !VT PARCEL 5 (First Street Easement) A non etc:Nslr* Trpresr Oran wise sht on • the Southeast lxrrtion of WT &XK 123 Hof the. IMP OF MIMII DADE MINTY. FLORIDA moerdhrq to the At thereof as recorded in PLAT 8 001PAGt 4i0f tho 4011c records of I ANI OAAE =UNnY. FLORIDA more ptrrtfq try tigtearatad as i fi:.e: Goiaasararrlrap at the Northwest corner of LOT k) of said &XX 133 M: tlwea North !hrtess•East wrong rho South RIp # of Way Ike of N.E., Samna Street a dlstanoe of. glD. X Feet:these South Oz ' 38' fad o distm* of 273.53 Feet to that Pala Of Bgttidi /Mi to centime South orient' fast o dlototto of 291.&1 Fast: them South ifita1241Wost o diem= of air Fest: therm North 021178'Wota a dlotaraaa of 26.6l Foot: brave Mortis 8T43' " East a distance of rg.X Fort to the Polar Of 8 Irf rrg aontalnirc 39 Swore feet*/- 02107 Acre./ - Less Pared! 6 A non-exclusive dot for utility services sad wee collection over, across ross and through the West 10.00 feet of the South 11.00 feat of Lot 8, Block 103N of A. L. Knowlton Map of Miami, s cording to the plat thereof, as recorded in Plat Book B, at Pages 41 of the public records of Miami -Dade County. WOWED eaooK O►r>, to amp PLOW* 14rc0c teafso HARVEY RUVIN CLERK CIRCUIT COURT RECOROERS NOTEr Ths witty of wnrtse, N or smiting unsatis• *iory is aria suavest sines :aci+ve i. 300400908 - DD:19051 1872 02/02/2004 10:13 AM 6 of 6 111111111111111111111111111111111111111111111 • • • Return to: Frank Talleda, Manager Joint Development Leasing 111 N.W. lst Street, Suite 910 Miami, FL 33128-1970 Instrument prepared by: Thomas Goldstein Assistant County Attorney Suite 2810 111 N.W. 1st Street Miami, FL 33128-1993 COUNTY DEED CFP-1 2OO4RO 9329 3 OR Ek 22326 Pss 1136 — 11394 (4-aas) RECORDED 05/21/ Or04 15:59:09 DEED DOC TAX 0e60 HARVEY RUVINY CLERK OF COURT KIA1I—LYAG'E C0UNTYr FLORIDA THIS DEED, Made this (ANA day of ? 4' , 2004, A..D. by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose address is: Stephen P. Clark Center, 111 N.W. 1 Street, Suite 2810, Miami, Florida 33128-1963, and RAFAEL KAPUSTIN, TRUSTEE, party of the second part, whose address is 25 S.E. Avenue #750, Miami, Florida 33131: WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, and its heirs, assigns, and successors in interest forever, hereinafter "Owner" the following described land, known as Parcel 3, situate, lying and being in Miami -Dade County, Florida, to -wit: SEE EXHIBIT 'A' ATI ACHED HERETO This County Deed hereby releases said Parcel 3 from the restrictions imposed as an Air Rights Easement in the Grant of Easements Appurtenant recorded in Official Records Book 19051 • • at Page 1857 of the Public Records of Miami -Dade County, Florida, and hereafter shall no longer be included in said Grant of Easement Appurtenant. To protect the safety of public transit users, Owner shall protect the safety of the Metromover System on the portions of Lots 7, 8, 9, 10, 13 and 14, Block 103N, Map of Miatni, Miami --Dade County, Plat Book B, Page 41, hereinafter "Metromover" not conveyed herein and avoid any activities which may interfere or disrupt transit operations and maintenance. Prior to all construction of any of the property conveyed herein, Owner shall submit to Miami -Dade County for review and approval, complete construction plans for any construction, alterations, maintenance, modifications or improvement to be made on the property. These plans shall also show how the Metromover will be protected during the planned construction activities. These plans shall meet the requirements of the City of Miami, County Building Codes, State of Florida Department of Transportation (FDOT), and other applicable laws and regulations. No construction shall commence on the property without the prior written consent of the County Manager. Detail Construction Plans showing the measures to be taken by the Owner to ensure the Metromover protection shall be prepared and submitted to County for its approval prior to starting any construction on the property conveyed hereon. County shall have the right to inspect all construction to ensure the safety of the Metromover system. No activity shall be conducted in the property conveyed herein that will have a seismic influence on the transit operations in the Metromover property. This grant conveys only the interest of the County and its Board of County Commissioners in the property herein described and shall not be deemed to warrant the title or to represent any state of facts concerning the same. IN WITNESS WHEREOF the said party of the first part has caused these presents to be 2 • • executed in its name by its Board of County Commissioners acting by the Mayor of said Board, the pB�,v�ecacoa d g ° �:F resaid, a� co L� a • HAIII.YEY.ReVIN, CLERK B MIAM1-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Mayor The foregoing was authorized and approved by Resolution No. ,q_ 4727 0 I of the Board of County Commissioners of Miami -Dade County, Florida on the/564 day of7p L 2004. Approved for Legal Sufficiency 3 OR EK 22326 PG 1I.3 LAST PAGE • • • EXHIBIT "A" AIR PARCEL 3 A parcel of Air Space in which the lower horizontal plane lies at an elevation of 70.57 Feet N.G.V.D. over and above the north portion of LOT 8, a portion of LOT 7 and a portion of LOT 9 BLOCK 103 N of the MAP OF MIAMI DADE COUNTY, FLORIDA according to the plat thereof as recorded in PLAT BOOK B at PAGE 41 of the public records of MIAMI DADE COUNTY, FLORIDA. The horizontal boundary being more particularly described as follows: Commencing at the Northwest corner of LOT 10 of said BLOCK 103 N; thence continue North 87'42'36" East along the South Right of Way line of N.E. Second Street a distance of 92.45 Feet to the Point of Beginning; thence continue North 87°42'36" East a distance of 65.11 Feet; thence South 02°18'11" East a distance of 25.70 Feet; thence South 87°42'3 6" West a distance of 8.40 Feet; thence South 02°18' 11" East a distance of 124.37 Feet; thence South 87°42'56" West a distance of 47.99 Feet; thence North 02°16'38" West a distance of 125.33 Feet; thence South 87°42'36" West a distance of 8.79 Feet; North 02'16'46" West a distance of 24.74 Feet to the Point of Beginning. O:1DATA\Kapustin\Parcel C SaleX.HIIBTT A Legal Deseription.doc �,TY OFppoe STh 1 f#l=S gY CERT ' that this is a tr a c° is nffi a °n 0 20 ong rnal tit + F nd and Official Seal County Courts IT 55 my ad of rOral and �. vr Ruv>i CS' • • This document prepared by Jacob Dorn, Real Estate Officer Miami -Dade County 111 NW 1 St, Suite 2460 Miami, FL 33128 (R)EC 19051 " 1857 0 0 R'1 5 4 8 9'0 2000 APR 03 10t09 GRANT OF EASEMENTS APPURTENANT THIS GRANT OF EASEMENTS APPURTENANT ("Easements" or "Grant") is made and entered into as of the -::5( day of ote.1_a`.,. 2000, by and between Miami -Dade County, a political subdivision of the State of Florida ("County"), having an address at 111 N.W. First Street, Suite 2460, Miami, Florida 33128, and Rafael Kapustin, Trustee ("Owner"), having an address at 25 S.E. 2" Avenue, #750, Miami, Florida 33131. WHEREAS, County is the owner of the property legally described as Lots 7, 8, 9, 10, 13 and 14, Block 103N, Map of Miami, Dade County, Plat Book B, Page 41, Miami -Dade County, Florida, less and except Parcels 1, 4 and 6 described on the attached Exhibit, and commonly known as a portion of the Metromover real property (the "County Property"), and WHEREAS, County desires to grant an easement through the County Property, said easement being an area of the property legally described as Parcel 2 (the "Grade Level Ingress and Egress Easement"), with said Easement being appurtenant to the property legally described as Parcels 1 and 4 in the attached Exhibit, and WHEREAS, County desires to grant an easement over a portion of the County Property, said easement being an area of the property legally described as Parcel 3 (the "Air Rights Easement"), with said Air Rights Easement being appurtenant to the property legally described as Parcels 1 and 4 in the attached Exhibit, and WHEREAS, County desires to grant an easement over a portion of the County Property, said easement being an area of the property legally described as Parcel 5 (the "First Street Easement"), with said First Street Easement being appurtenant to the property legally described as Parcels 1 and 4 in the attached Exhibit, and WHEREAS, the Grade Level Ingress and Egress Easement, First Street Easement and Air Rights Easement are hereinafter referred to as "Easements" or "Grant", and NS0290001\jdorn$t20001GRANT OF EASEMENTS.doc (¢ l • • • E 19J5I pG I858 WHEREAS, Owner has acquired from County, on this date, via County Deed, the rights of the County in the property legally described in the attached Exhibit, known as Parcels 1 and 4, with said rights abutting the Easements. NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: z. Recitals. The above recitals are true and correct and by this reference are incorporated as if fully set forth herein. 2. Term. This grant shall become effective on the date that it is fully executed by all of the parties hereto, and the required insurance is provided to County, and shall remain in effect forever, subject to the terms herein. 3. Consideration. In consideration for the grant of easements made herein, Owner has paid the County good, valuable and sufficient consideration for the property described as Parcels 1 and 4. 4. Easements. County hereby grants exclusive Easements to the owner(s) (the "Owner") of the property legally described as Parcels 1 and 4, for the use and benefit of Owner, its successors and assigns, in the areas described in Parcels 2, 3 and 5. Nothing herein shall limit the County's use of the Easements as long as such use does not interfere with Owner's use as described herein, except as otherwise specifically mentioned herein. 5. Appurtenant Easement. The easements described herein shall be appurtenant to the property of the Owner which is benefited thereby. 6. Use of Property. The Grade Level Ingress and Egress Easement and the First Street Easement shall be for ingress and egress between or into and out of portions of Parcels 1 and 4. No construction will be allowed in this Grade Level easement, except for: A. Grade level surface finish of asphalt, cement, tile, or similar surfaces commonly used for vehicles and/or pedestrians. B. Utility lines. C. Non-structural enclosures to protect users of this easement. D. Control or security devices to limit access (First AS029000 iljdom$120001GRANT OF EASEM ENTS.dac • • • • REC 9G5I PG 1859 Street Easement only.) E. Signage. No other use will be permitted without the express written consent of County. The Grade Level Ingress and Egress Easement and First Street Easement shall not be used for parking. However, Florida Power and Light vehicles shall be allowed to enter the Grade Level Ingress and Egress Easement and the First Street Easement for the purposes of installing and maintaining utilities. Additionally, emergency vehicles shall also be permitted to enter the Grade Level Ingress and Egress Easement and the First Street Easement. Owner shall be responsible for providing adequate signage prohibiting parking in the Grade Level Ingress and Egress Easement. Construction shall be allowed in the Air Rights Easement, but said construction must be supported in full by other construction on property of Owner, and not on County property. The parties recognize and acknowledge that the manner in which construction, alterations, and/or modifications in the Easements are made and the manner in which the Easements are used and operated are matters of critical importance to County and the general welfare of the community. Owner agrees that at all times Owner shall protect the safety of the Metromover System on the County property and avoid any activities which may interfere or disrupt transit operations and maintenance. Prior to any construction in the Easements, Owner shall submit to County for review and approval, complete construction plans for any construction, alterations, modifications or improvements to be made in the Easements. These plans shall also show how the County Property will be protected during the planned construction activities. These plans shall meet the requirements of the City of Miami, County, State of Florida Department of Transportation (FDOT), and other applicable laws and regulations. Owner specifically agrees that no cost, claim, lien, or other expense shall be incurred by County due to such design, construction, safety procedure, work, or operation in the Easements. No construction shall commence in the Easements without the prior written consent of County. Upon the completion of all improvements, Owner shall furnish to County evidence of releases of all liens, claims, and charges of any nature whatsoever. \\S02900011jdom$\20001GRANT OF EASEMENTS.doc • • rEft I9O5 ;� 1860 7. Dangerous Liquids and Materials. Owner shall not permit any vehicle to carry flammable or combustible liquids into or onto the Easements and shall prohibit the conveyance or storage of any flammable or combustible liquid or dangerous or explosive materials in or on the Easements, provided that this restriction shall not apply to prevent the entry of motor vehicles carrying flammable or combustible liquids solely for the purpose of their own propulsion. Owner shall not allow the manufacture of any such flammable or combustible liquids or hazardous or dangerous materials in or on the Easements. 8. Hazardous Materials. Owner may, at its sole cost and expense, test for hazardous materials prior to commencement of this Grant. Owner is responsible for any and all hazardous materials or waste found in the Easements after commencement of this Grant. County reserves the right to test the area of the Easements, at its own expense, for hazardous materials at any time during the term of the Grant. The term "hazardous materials" shall mean any and all hazardous or toxic substances, material, waste, solid waste, or debris of any kind as defined by the Environmental Protection Agency (EPA) and any and all federal, state or local laws past, present and future. Owner shall, at Owner's sole cost and expense, promptly and diligently complete any and all audits, assessments, clean-ups, and monitoring of the Easements required by provisions of this section and indemnify, hold, and save harmless the County from any liability or damages therefrom. In the event there is an ongoing assessment, clean-up or monitoring of the Easement Area(s) at the termination of this Grant for any reason, then Owner shall remain responsible for any required remedial action. Notwithstanding the foregoing, Owner shall not be responsible for any hazardous materials released into the Easements by County. Under such circumstances, Owner shall be required to prove that County released the hazardous materials into the Easements. 9. Protection of Metromover Columns, Station, Vehicles and Guideway. Owner, at its sole cost and expense, shall protect the Metromover columns, station, vehicles, guideway and all. other Metromover improvements of every nature on the County 11S0290001\jdorn$E20001ORANT OF EASEMENTS.doc RE-C 19051 PG 1861 • • • Property from damage resulting from the use of the Easements by Owner, its employees, invitees, or any other persons entering the area of the Easements in connection with this Grant. 10. Construction Plans. For the purpose of these Easements, Construction Plans shall consist of final plans, drawings and specifications in the form and with sufficient detail as required to obtain a building permit for such improvements, plus safety measures to protect the Metromover improvements and vehicles. Owner shall submit to County six (6) sets of Construction Plans for all improvements and external maintenance to be made in the Easements. Upon receipt thereof, County shall review same and shall, within thirty (30) business days after receipt thereof, advise Owner in writing of its approval or disapproval, setting forth in detail its reason for any disapproval. After approval by County of the Construction Plans, Owner may, with County approval, make minor changes therein which do not substantially or materially alter the Construction Plans as approved, or impact any safety issues. In the event of disapproval, Owner shall, within sixty (60) business days after the date Owner receives such disapproval, make those changes to the Construction Plans necessary to meet County's stated grounds for disapproval and shall resubmit such altered plans to County. Any resubmission shall be subject to review and approval by County in accordance with the procedures hereinabove provided for original submission, until the same shall receive final approval by County. Owner shall not make application for a building permit for any improvements until County has approved the Construction Plans. 11. County's Rights as Sovereign. It is expressly understood that, notwithstanding any provision of these Easements and County's sovereign status hereunder: a) Miami -Dade County retains all of its sovereign prerogatives and rights as a county under Florida laws and shall not be estopped from withholding or refusing to issue any approvals of and applications for building, zoning, planning or development under present or future laws and regulations of whatever nature applicable to the design, construction and development of the improvements provided for in this Grant and (b) Miami -Dade County is not obligated to grant any applications for building, zoning, planning or 1\S02900011jdomS120001GRANT OF EASEMENTS.doc RAC 19O5! ; 186Z • • • development under present or future laws and regulations of whatever nature applicable to the design, construction and development of the improvements provided for in this Grant. 12. Conformity of Plans. The Construction Plans and all work by Owner with respect to the Easement Area(s) and to Owner's construction thereon shall be in conformity with this Grant, applicable building codes, and all other applicable federal, state, county and local laws and regulations. 13. Owner's Obligations. County's approval of any of the Construction Plans shall not relieve Owner of its obligations under law to file such plans with any department of the City of Miami, Miami -Dade County or any other governmental authority having jurisdiction over the issuance of building or other permits and to take such steps as are necessary to obtain the issuance of such permits. Owner acknowledges that any approval given by County shall not constitute an opinion or grant by County that the plans are adequate and/or in compliance with any Laws, Ordinances or Codes or other applicable regulations, and no such approval shall impose any liability upon County. Owner shall provide to County an "as built" set of Construction Plans for any improvements constructed on or in the Easements by Owner. 14. Maintenance. Throughout the term of this Grant, Owner, at its sole cost and expense, shall keep any improvements in the Easements in good order and condition, and make all necessary repairs thereto. The term "repairs" shall include all replacements and renewals deemed necessary by Owner or County. All repairs made by Owner shall be at least similar or equal in quality and class to the original work, ordinary wear and tear excepted. Owner shall assure that no leaning materials, paint, or other substances used in external maintenance are sprayed, dripped, or otherwise contact the improvements or vehicles on the County Property. Owner shall keep and maintain all portions of the Easements in a clean and orderly condition, free of dirt, rubbish, graffiti, abandoned vehicles, debris, loose building materials or loose surface finishes, and unlawful obstructions. Furthermore, Owner shall ensure that no vehicles, debris, or any objects or materials which may result in or contribute to environmental contamination of the County property are located or stored in Easements. The 11S0290001\jdorn$120001GRANT OF EASEMENTS.doc REC 1 9:5 J P1 863 • • • County, at its option, and after thirty (30) days written notice to Owner may perform any maintenance or repairs required of Owner hereunder, including removal of vehicles, debris, objects or materials, which have not been performed by Owner following the notice described above. Owner shall promptly pay County all direct costs incurred plus an administrative fee of twenty percent (20%)of such costs. Failure of Owner to pay these costs within 60 days shall result in a lien being placed on the Easements for the sums due, plus collection costs, which shall accrue at the statutory interest rate. 15. Security. It is expressly understood that Owner is solely responsible for the personal safety of its employees, invitees, or any other persons entering the Easements in connection with this Grant as well as any and all equipment and/or personal property installed or brought into the Easements. The County shall not in any way assume responsibility for the personal safety of such persons, equipment, or personal property in case of loss, theft, damage, injury, or any other type of casualty which may occur, and shall not be a bailee for property in the Easements. Owner shall provide additional security, if any, at its sole cost and expense to insure the personal safety of its employees, agents, invitees, and others, as well as to protect any personal property in the Easement Area(s). 16. Indemnification. Owner shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Grant by the Owner or its employees, agents, servants, partners, principals or subcontractors. Owner shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Owner expressly understands and agrees that any insurance protection 11S0290001 Ijdom$120001GRANT OF EASEMENTS.doc • • • required by this Grant or otherwise provided by Owner shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. 17. Insurance. A. Prior to commencement of this Grant, Owner shall furnish to Miami -Dade County, Risk Management Division, 23rd floor, 111 NW 1st St., Miami, FL 33128 Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as specified in B. b) (2) below. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. The insurance required above shall remain in effect at all times during the term of this grant. B. Prior to any construction and continuously thereafter, for the duration of the Easements: a) Prior to commencement of any construction, unless otherwise specified herein, Owner shall obtain all insurance required under this section and submit evidence of the required insurance to the County for approval, at the Miami - Dade County Risk Management Division, 23rd floor, 111 NW 1st St., Miami, FL 33128. Evidence of the required insurance shall be Original Certificate(s) or Policies of Insurance which clearly indicate that Owner has obtained the insurance coverages required in paragraphs b)(1) - (4) below. Certificates and policies will all indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to Miami -Dade County, c/o the Director of the Risk Management Division. b) Required Insurance. (1) Worker's Compensation Insurance - as required by Chapter 440, Florida Statutes. (2) Public Liability Insurance - on a Comprehensive basis, in an amount not less than $500,000 per occurrence for Bodily Injury and Property Damage combined. Miami -Dade County must be shown as an additional insured with respect to this coverage. 11S02904Q11jdom$12QQ01GRANT OF EASEMENTS.doc OFF EC ! 9 51es I865 The insurance coverage required listed in which most classifications, as insurance manuals, operations of Owner. (3) Automobile Liability Insurance non -owned, and hired vehicles used in connection with the Easements, in an amount not less than $500,000 per occurrence for Bodily Injury and Property Damage combined. shall include those standard liability nearly reflect the covering all owned, (4) Owner's Protective Liability Insurance - issued in the name of the County as sole insured, in amounts as indicated in (2) above. This policy must be endorsed to indicate that any premium, whether deposit or final, will be the sole obligation of the Owner. All insurance policies required in (1) - (4) issued in companies authorized to do business of the State of Florida, with the following as to management and financial strength: above shall be under the laws qualifications The company must be rated no less than "B" as to management and no less than class "V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. 18. Relocation and Termination. A. In the event that the Grade Level Ingress and Egress Easement is determined by the Board of County Commissioners to be necessary for a transportation purpose, County may relocate and/or resize this Easement, if possible, or if not possible, terminate this Grade Level Easement upon one hundred and eighty (180) days written notice to the Owner. Any such termination of this_ Grade Level Easement shall require a two-thirds (2/3)majority vote of the Board of County Commissioners. B. County may, upon sixty (60) days written notice to the Owner, terminate any or all of these Easements after an uncured event of default of any of the provisions contained herein. C. If County terminates any or all of these Easements after an uncured event of default, Owner shall remove its 1\S0290001\jdornS120001GRANT OF EASEMENTS.doc f• rc 19051 P' f 866 • • • personal property and vacate and give up to County the Easement(s). D. If Owner defaults, cancels, or otherwise terminates any or all of these Easements, County shall not reimburse Owner for the cost of construction and improvements made in the Easement(s), or any lost profits. E. Upon termination of this Grant, in full or part, for any reason, Owner shall, at County's option, either remove all utilities and/or improvements made in the applicable Easement(s)and return the property to its original condition, or, all such utilities and/or improvements shall become the property of County. 19. Entry on Premises by County. The County or any of its agents, shall have the right to enter upon said premises during all reasonable hours to examine the same, or to inspect, repair, and/or maintain the Metromover system. Such entry shall not unreasonably disturb Owner's use thereof, however, it is hereby agreed and understood that safety and maintenance of the Metromover system is paramount and will take precedence over any other activity in the Easements. 20. Notices. All notices, demands or requests by County to Owner shall be deemed to have been properly served or given, if sent to Owner as described below at: Rafael Kapustin, Trustee 25 SE 2rd Avenue, #750 Miami, Florida 33131 and to such other address and to the attention of such other party as Owner may, from time to time, designate by written notice to County and delivered as described below. If Owner at any time during the term hereof changes its office address as herein stated, Owner will promptly give notice of same in writing to County. All notices, demands or requests by Owner to County shall be deemed to have been properly served or given if addressed to County to the attention of Director, Miami -Dade Transit Agency, Stephen P. Clerk Center, 111 N.W. First Street, Suite 910, Miami, Florida 33128, and to such other addresses and to the attention of such other parties as 11S02900011jdomS120001GRANT OF EASEMENTS_doc REC 19 ]5 I G 186T • • • County may, from time to time, designate by written notice to Owner and delivered in accordance with the method of mailing described below. Owner shall inform those parties, with which it has written agreements to use any portion of the Easements, of the terms of these Easements. 21. Method of Mailing. All such notices, demands or requests shall be (a) hand delivered to the parties designated above or their properly designated successors, and/or (b) mailed by United States registered or certified mail, return receipt requested, postage prepaid, and deposited in any Post Office or Branch Post Office or mailbox regularly maintained by the United States Government. 22. Title VI Assurance. Owner, as a part of the consideration hereof, does hereby covenant and agree that in the event there is any improvement constructed or maintained in the Easements, or otherwise operated as described in this Grant, for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, Owner shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. Owner, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said Easements, (2) that in the construction of any improvements on or in the Easements, and the furnishing of services thereon, no person shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin, and (3) that Owner shall use the easement areas in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, 1150290001 \jdomS\20001GRANT OF EASEMENTS.doc • • REC 19051 1888 Nondiscrimination in Federally --Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, County shall have the right to terminate the Grant and to re-enter and repossess the Easements and hold the same as if said Grant had never been made or issued. 23. Successors and Assigns. This Grant shall bind, and the benefit thereof shall inure to, the respective successors and assigns of the parties hereto. 24. The Easements shall not entitle the Owner, or those that receive any rights via the Easements, to direct entry to the Metromover system. No direct physical access is allowed to connect either easement with the Metromover. This shall not bar the Owner or any person to normal access to the Metromover system, via the entry points and under the fare system as may exist from time to time. IN WITNESS WHEREOF Miami -Dade County has caused these presents to be execute,r s name by its Board of County Commissioners acting by the Mayor of said Board, th.... foresaid. 9RL. e. cOl%iiri V A ITEST: HARVEY RUVIN, CLERK By: " Dep Clerk /(114A-v-r MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: QLEL5L-4,,a5?clk,41CLA Mayor The foregoing was authorized and approved by Resolution No. R-776-99 of the Board of County Commissioners of Miami -Dade County, Fl9rida, on the 13`h day of July, 1999. Approved for Legal Sufficiency, \\S02900011jdorn$120001G8ANT OF EASEMENTS.doc • • • ° I9351PC1869 EXHIBIT TO GRANT OF EASEMENTS APPURTENANT (LEGAL DESCRIPTIONS) PARCEL 1 LOT R2. a portion of LOT 9 and westerly portion of LOT 8. BLOCK A3 N of the MAP' OF MIAMI DADE CG JKTT FLORIDA according to the tarot thereof as regarded in PLAT .00K 8 at PAGE 41 of the public reacrds of MIAMIOADE COUNTY. FLORIDA. more particularly described as follows: The Point 0f Beginning being the Nothwest corner of said LOT 10: thence continue on a bearing of Norm 8T42'36'East clang the south right of way fine of N.E. Second Street o distance of 92.45 Feet: thence South 0276'46" East o distance of 24.74 Feet : theme North 87'42'35" Fast a distance of 8.79 Feet: thence South 0276'38'East a distance of 125.33 Feet: thence South 8r42'56'West a distance: of 101.24 Feet: them North 02767B' West along the East Right of Way line of N.E. Second Avenue a dlstaree of 150.06 Feet to the Paint Of Beginning containing 14975 Swore Feet #/- 0.344 Acre +/— AIR PARCEL 2 ( Grade Level Ingress and Egress Easement) A non exclusive ingress and egress easement through the Southerly portion of LOT 8 of BLOCK 133 N of the MAP OF MAW. DADE COUNTY, FLORIDA aoraing to the prat thereof as recorded in PLAT BOOK B at PAGE 41 of the puts c reoaras of Mr1AM1 DADE COUNTY, FLORIDA in which the rower horizontat prone lies at existing ground Femme the upper horizontal plane at an elevation of 28.50 Feet N.G.V.D. The rcrironrot baurcary of said easement being more particularly describers as follows: Commencing at the Northwest corner of LOT 0 of said BLOCK J3 N: thence c ontinve an a bearing of Norm 8P4276" East along the South Mont of Wq line of N.E.Secom Street a distance of I49.16 Feet: thence South 02'18'11" East a distance of /25.00 Fear to the Point Of 8eginningithence crurtlnue South O27B'l' East a distance of 20.00 Feet: thence South 87''40'0271es: a distances of 47.98 Feet: 'thence Harm 0276'38-West a distances of 20.00'Fce` thence Norm 87'40"02"East a distance of 47.97 Feet to the Point Of beginning containing 960 Square Feet */— 0.022 Acre RFErt 19051 P-g18T0 • • • AJR PARCEL .3 (Air lights Easement ) A parcel of Air Space in which the lower horizontal wane lies at on elevation of 70.57 Feet N.G.Y.D. over and above the North portion of LICIT 8. portion of LOT 7 and portion of LOT 9 BLOCK J173 N of the MAP OF MIAM! DADE COUNTY. LOR1 DA tc =crab; to the carat ?hereof as recorded in PLAT 8O01C 8 at PAGE 4Iof the records of -M1AMI DADE COUNTY. FLORIDA. The horizontal boundary being more parrlcutarty described as follows: Commencing at the Northwest corner of LOT of Way said tineLOCK 103 N: Segaand Strece et et c continue Norm 8T42'35- East along the Southg ay of distance of 92.45 Feet to the Point Of Beginning: thence continue North 87-42'36' East a dlstawe of 65.JIFeet: thence South 0Z78'I16West a distance of 25J0 Feet: thence South 87-42'3E West a aistance of 8.40 feet: thence South °rev East o distance of 124.3T feet: thence South 87.42' rWest a distatcea of 47.99 Feet: thence North 021 38'West a distance of 25.,33 Feet : thence South 87"42'3E West.. a distance of 8J9 Feet: thence North 02 76'46' Wewst o d istaroe of 24.74 Feet to the Point 0t_8eginning containing 763O Square Pee;rr/- O.175 Acre +1- P. ARCE: 4 A parcel of land including the Southeast portion of LOT 7. the East portion of LOTS 8 o a the Norm portion of LOT 14, BLCJICK D3 N of the MAP OF guilt DADE C0UNTY, raing to the plat thereof as recorder: in PLAT BOOK B at PAGE 41 of the public reccros of MIIWi DADE CC WNTY FLORIDA more particular y described as follows: Conrrnercing at the Northwest corner' of LOT TO of said BLOCK 403 N: thence continue on a 4 bearing of Norm 87'42'36' East along me South Right of way rine of N.E. Secant Street a distance of /57.56 Feet to the Point Of Beginning: thence continue. North 8T42.36'East a distance of 42.44 feet: ?hence South 0276'38' Fast a distance of Z73.55 Feet: thence South 87-43'24'West a distance of 12.00 Peer: thence South 4904'38'We!st a distance of 19.07 Feet: thence North 38'55'43'Wcst o dista rre of 17.84 Feet:Metre North 25'i2'39"West a distance of 20.O0 Feet: thence North i3'43'4ZWest a distance of 19.99 Feet: thence North 04-20'46-West a distance of 40.00 Feet: thence North C2787f Weis# a distance of 167.45 F- a er: thence Norm 8 -42'36-East a distance of 8.40 Feet: thence North 0Z787PWest a distance of 25.70 Feet to the Point Of Beginning contofnint 13515 Swore Feet 4./- 0.3X7 Acre #/-- subject to an access easement more pearticutarly described as follows: .;.Carmnararinq at the Northwest corner of said Parc 4: theeae='Sturth 021871- East a =tiistvnce oaf 25.70 Feet to the Point Of Beginning: Nrence coirtlrwe South O2Irfr East a distance of 199.96 Feet: thence South 84'5'15' West a distance of 7.24 Feet: thence North O4'20'46"West a distance of 32.89 Feet: thence North O2787I-West a distance of 167.45 Feet: thence North 87 '42136' East a distance of 8.40 Feet to the Point of Beginning containing 1622 Square Feet#/- 0.038 Acre �/- The upper horizontal plane of said access easement Is located at an de nation of 70.57 Feet N.G.Y.D. • • • PARCEL 5 (First Street Easement) A MI exclusive ingress egress easement on the Southeast pardon of LOT 14 BLOCK 103 11 of the WAP OF UMW DADE CQt1N7Y. FLORIDA o=rding to the plot thereof as recorded in PLAT BOOK B at PAGE 41 of the caulk records of 111Au1 DADE COUNTY. FLORIDA Hare portfcu1ary described as follows: " ' Commencing at the Northwest corner o f, LOT 10 of said BLOCK x33 N: thence North 5T"4276' East along the South Right of Way line of N.E. Second Street a distance of 2O0.00 Feet: theme South 02 76738"Fast a distance of 273.55 Feet to me Point 4f Beginning; thence continue South 0276'38'East a distance of 26.61 Feet: thence South 8T43"24'West a distance of 12.00 Feett: theme North 0276'38' West a distance of 26.5i Feet: mane North ST43'24' East a distal= of 12.00 Feet to the Paint 0f Beginning containing 319 Square feetf/-- 0.007 Acre+f— Less Parcel 6 A non-exclusive easement for utility services and waste collection over, across and through the West 10.00 feet of the South 11.00 feet of Lot 8, Block 103N of A. L. Knowlton Map of Mialui, according to the plat thereof, as recorded in Plat Book B, at Page 41 of the public records of Miami -Dade County. gr-cretteD °MG.& FECOrCsr� ;. CRDADE COUNTY. FLORIDA. RECORD VERIFIED HARVEY RUVIN CLERK CIRCUIT COURT '-'+t` RECORDERS NOTE' The legibility of witsthg, typrng or printing unsatis- factory in Mrs gocument wnen recerven.