HomeMy WebLinkAboutcorrespondence gibbsW. TUCKER GIBBS
ATIMBYATLAW
215 (11ANDAvvuie
P.O. Boot 1080
OOO Nur 0e0v4ROMIDA33133
TELEPHONE (305)4484486
FACSSOU (305)448-0773
Pa g2...
July 19, 2004 VIA JD DELIVERY
Joel Maxwell
Deputy City Attorney
City of Miami
4444 S.W. 2i Avenue, 9th Floor
Miami, Florida 33130
Re: Application for kme 1 ent to Bayshors Palms MUM
ilia )
Dear Joel,
As you )mow, I represent Tomas Hoffman, Topeka Holdings and
others who object to the referenced application.
r' 7
0
C,]
Upon review of the municipal file in this matter I found that
the Bayshore Palms Major Use Special Permit (MUSP) was
approved on April 28, 1998 and set to expire on May 28, 2002.
Most significantly, I found no evidence that this MUSP is
still in effect as it relates to the referenced application.
This is what I have found:
1. On April 28, 1998 the Miami City Commission approved the
Bayshore Palms MUSP. According to paragraph 9 of
Resolution 98-450, the expiration date of the MUSP was
May 28, 2000. (Exhibit `A')
2. The MUSP was for a two-phase project that delineated the
southern parcel as Phase I and the northern parcel as
Phase II.
Page 1 of 6
vy
D 0 y 6— Cd te-(2- 4.c1)4
Submitted Into the public
record in connection with
item Pz-tt2-- on a-»-otf
Priscilla A. Thompson
"--:. City Clerk
3. On June 25, 1999, the Third District Court of Appeal
rejected a challenge of the MUSP approval by a
neighboring property owner.
4. On December 15, 1999, the Director of the Miami Planning
Department issued a memorandum, pursuant to Section 1706
of the City of Miami's zoning ordinance, that modified
the MUSP by extending its expiration date to April 28,
2002. (Exhibit `B") This modification was made at the
request of the property owner, Brickellinvest Joint
Venture, which sought additional time because of delays
caused by the neighbor's lawsuit.
5. On October 20, 2000, Brickellinvest sold the Phase II
portion of the property (the northern parcel) to
Excel.com LLC, and retained ownership of Phase I (the
southern parcel).
6. On January 25, 2001, the Miami planning director issued
another memorandum, this time modifying the MUSP to
reduce the number of units and parking spaces. (Exhibit
,C')
7. On February 1, 2001, Brickellinvest, through its
attorney, wrote to the assistant planning director about
a possible revision to the planning director's January
25 modification memorandum. (Exhibit "D") In that
letter, the attorney suggested that 'pit might be better
on a going forward basis to separate the two phases'
because the two phases are separately platted tracts and
would be developed by different developers.
8. On March 26, 2001, Brickellinvest conveyed the Phase I
or southern parcel to Suttonwood Holdings, LC.
Page 2 of 6 Submitted Into the public
record in connection wit
item PZ - q z- on
Priscilla A. Thompson
City Clerk
9. About four months later, on August 1, 2001, Suttonwood
requested modifications to the MUSP because, it said,
the 'development criteria was calculated separately for
each of the two phases,' and the two phases were now two
separately platted properties under two separate and
distinct owners. (Exhibit `E')
10. On October 17, 2001 in another memorandum, the
planning director modified the MUSP by separating the
two phases, among other changes. (Exhibit `F')
11. On March 28, 2002 -- because Suttonwood had applied
for foundation and building permits (on December 17,
2001) for their Phase I property but had not yet
received those permits and because the April 28, 2002
MUSP expiration dated was fast-approachi*g --
Buttonwood's attorney requested a one-year extension to
the April 28, 2002 expiration date for Phase I. (Exhibit
'3')
12. On April 24, 2002 in a memorandum modifying the MUSP,
the planning director agreed to extend the expiration
date for the Phase I property to April 28, 2004 as
requested by owner Suttonwood. (Exhibit •H')
13. On January 12, 2004, the new owner of Phase II or
northern property, Tibor Hollo -- who is listed in a
January 12, 2004 application as 'a member of Excel.com,
LLC as general partner of TWJ, Ltd.' -- applied for a
modification to the Bayshore Palms MUSP. This
application did not include any request for an extension
of the apparently assumed MUSP expiration date of April
28, 2004. (Exhibit `I')
Page 3 of 6
Submitted Into the public
record in connectio wi
item .-. a on 0 if
Priscilla A. Thompson
City Clerk
14. As of April 28, 2004, the Phase II property owner had
not made any application or request for an extension of
this MUSP.expiration date of April 28, 2004.
The =SP it is as allied to the Phase II property actually
expired on April 24, 2002 because the time extension granted
on April 24, 2002 was for the phase I property oily.
The MUSP was effectively bifurcated after ownership of the
property was split on October 26, 2000. This would insure
that requests by the owner of one phase to extend the MUSP,
or to make other changes to its property, would not have a
negative impact on the other phase.
The Phase I owner's request to separate the phases was
critical because the separation protected the Phase I owner
from any accusations by the Phase II owner that the Phase I
owner's requested changes would negatively impact the Phase
II property. Further, the city protected itself from the same
charges when it correctly determined that Phase I and Phase
II were two separate and distinct projects.
Clearly, the owner of Phase I could not direct what could or
could not be built on the Phase II property by virtue of
being the first to request modifications for increases or
decreases in the number of units on Phase I. Just as clearly,
one property owner should not request MUSP time extensions
regarding a property it does not even own. Therefore, the
requests for modifications (including the time extension)
made by Suttonwood were for the Phase I tract that it owned
and not the Phase II property that it did not own. Suttonwood
had no authority to speak for or bind the owner of the Phase
II property.
Page 4 of 6
Submitted Into the public
record in connection with
item 2. a on ^a -D
prisaila A. Thompson ierk
The extension of time requested by Suttonwood on March 28,
2002 and recommended for approval by the city's zoning
administrator (`pursuant to' the Suttonwood request) and
granted by the planning director on April 24, 2002 was for
only the property owned and controlled by Suttonwood and no
other property. There is no evidence that Suttonwood in its
modification requests represented the Phase II property
owner. Nor is there any evidence that the Phase II property
owner agreed with any of the requests made by Suttonwood.
The MUSP, as applied to the Phase I property, expired on
April 28, 2004. The MUSP, as applied to the Phase II
property, expired on April 28, 2002.
If the time extension to April 28, 2004 applied to the Phase
II tract, the Sayshore Palms MUM expired on April 28, 2004
because the Phase II property owner had failed to request,
and the city had failed to grant, such an extension prior to
April 28, 2004.
Even if Suttonwood had had the authority to make the requests
for modification as to density and extension of time on
behalf of the Phase II property owner, the MUSP expired on
April 28, 2004.
Section 1704 of the zoning code states: `Major Use Special
Permits shall be issued for a period of two (2) years,
subject to renewal for subsequent two-year periods.'
The owner of the Phase II property never requested a renewal
of the MUSP for an additional two-year period prior to April
28, 2002, nor did the Phase II owner request an extension of
the expiration date of April 28, 2004.
In the Application for Major Use Special Permit signed on
January 25, 2004, the owner of the Phase II tract stated that
Page 5 of 6 Submitted Into the public
record in eonnoeC t� I o�
item �? .1� Thompson
Priscilla A. City Clerk
the purpose of the application was 'a modification of the
approved Bayshore Palms MUSP." Nowhere in the MUSP
application, the application package or in any correspondence
from the Phase II property owner prior to April 28, 2004, is
any request made for a renewal of the MUSP or an extension of
the MUSP expiration date. And the planning director has not
made such a determination, as was done on December 15, 1999
and April 24, 2002.
Based on this information, on behalf of my clients, I request
that this MUSP application be deemed as legally insufficient
because it seeks to modify a MUSP that expired, at the
latest, on April 28, 2004 and for which no request to renew
was made prior to that date.
Sincerely,
Jeide
W. Tucker" Gibbs
Page6of 6
Submitted Into the public
record in connectior�wi•"'
item �on
Priscilla A. City Clerk
J-98-280
4/20/98
EXH1Bff "p „
=SOLUTION No. 98- 450
A RESOUQTION, W11H ATTAQIIRWZS. APPROVING WITH
CONDITIONS, A MT.OR USE SPECIAL PERMIT
protsuaurr TO ARTICLlS 13 AND 17 OF ZONING
ORDINANCE NO. 11000, FOR 'THE B&Y8HORB PAS
PROJECT, TO BB LOCATED AT APPROXIMATIILY 1201
BRICKBLL BAY DRIVE (F/lt/A SOU= BAYSKORB
DRIVE) , MIAMI, FLORIDA; TO BE COMPRISED OF mar
MORE TBAN 749 UN.iT8. ACCESSORY AND COMMIRCIAL
SPACE AND 1.254 PARKING SPAM (INCLUDING
VALET SPACES) ; DIRECTING TRAZ NITTAL OF T88
nun; RE90[,OTION; MING FINDINGS OF FACT AND
STATING CONCLDSION8 OF LAii; PROVIDING FOR
BINDING FBPMCT; CONTAINING A SEVBRABILITY
CLAUSE AND PROVIDING FOR AN BFFBCTIVB DATE.
NHERSAS, on November 7, 1997, the applicant, Judith A.
Burke, for Multiplan USA Cap., a Florida Corporation, submitted
a complete Application for Major Use Special Permit for the
Bayshore Pales Project pursuant to Articles S. 13 and 17 of
Zoning Ordinance No. 11000, for the property located at
approximately 1201 Brickell Hay Drive (f/k/a South 8ay0bore
Drive), Miami, Florida, as legally described on "Exhibit B*,
attached hereto and in *Exhibit Aw, the Development Order
attached hereto; and
NBBEBAS, development of the Bayshore Pales Project requires
the issuance of a Major Use Special Permit pursuant to Article 17
of Zoning Ordinance No. 11000, the Zoning Ordinance of the City
of Miami, Florida, as amended] and
ATTACHMENT (S)`
CONTAINED
CAT CON
SLEETING OF
M,281998
liesobstke
98- 450
Submitted into the public
record in copneetion with
�? F: item on
Priscilla A. Thompson
City Clerk
1
}
e
• • .•
WEBIZIS, the Lugo Scale Development Committee met an
July 25, 1997 to consider the proposed project and offer its
input; and
MMBAS, the APPLICANT has modified the proposed project to
address the expressed technical concerns raised at said Large
Scale Development Committee meeting; and
WHEREAS, the Prbaa Development Review Board (-DDRS') met on
Member 13, 1997 to consider the proposed project and
recommended approval of the project, with conditions as specified
on the attached Development Order herein; and
WHIMS, the Miami Zoning Board, at its meeting held on
January 12, 1998, Item No. 12, following an advertised public
hearing, adopted Resolution No. ZB 1998-0010 by a vote of seven
to sero (7-0) , RECOM EINDIN9 APPROVAL of the Special Exception
component of the Major Use Special Permit Development Order as
attached hereto; and
SEAS, the Miami Planning Advisory Board, at its meeting
held on February 18, 1998, Item No. 1, following an advertised
public hearing, adopted Resolution No. PAB 14-98 by a vote of nix
to zero (6-0), EHOMWENDING APPROVAL of the Major Use Special
Permit Development Order as attached hereto; and
WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to
issue a Major Use Special Permit Development Order as hereinafter
set forth;
NOW, THNREIMMUL BE IT RESOLVED BY TEE COM+iISSION OF THE CITY
OF MIAMI, FLORIDA:
Submitted Into the public
record in connection wih
item
Priscilla A. Thompson
City Clerk
- 2 -
98-40
1
Section 1. The recitals and findings contained in the
Presadole to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A Major Use Special Permit Development Order,
attached hereto as R,rhibit "A" and made a part hereof, is hereby
approved subject to the conditions specified in said Development
Order, per Article 17 of Zoning Ordinance Mo. 11000. for the
Bayshore Palms Project (hereinafter referred to as the "PROJECT")
to be developed by Multiplan USA Corp., ("APPLICANT"), at
approximately 1201 Brickell Hay Drive (f/k/a South Bayshore
Drive), Miami, Florida, more particularly described oaa
"Exhibit B", attached hereto and made a part hereof.
Section 3. The PROJECT is hereby .approved for the
construction of up to seven hundred forty nine (749) residential
units, accessory commercial and recreational space and one
thousand two hundred and fifty-four (1,254) parking spaces
(including valet spaces).
Section 4. The Major Use Special Permit Application for
the Bayshore Palms Project also encompasses the lower ranking
Special Permits as set forth in the Development Order, attached
hereto as Exhibit "A" and incorporated herein.
Section 5. The findings of fact set forth below are
hereby made with respect to the subject PRODUCT:
a. The PROJECT is in conformity with the adopted
Miami Comprehensive Neighborhood Plan 1989-2000,
as amended.
3
98- 450
Submitted Into the public
record in connection wi
item P2 - tip -on b'/
Priscilla A. Tho pson
City Clerk
1
b. The PMOJBCT is in accord with the SD-S Zoning
classification of Zoning Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as
amended.
c. Pursuant to Section 1305 of the Zoning Ordinance
of the City of Miami, Florida, the specific site
plan aspects of the PROJECT, i.e., ingress and
egress, parking, signs and lighting, utilities,
drainage, preservation of natural features and
control of potentially adverse effects generally,
have been considered and will be further
considered administratively during the process of
issuing a building permit and a certificate of
occupancy.
d. The PRJBCT is expected to cost approximately $246
million (with an additional approximately $158
million in construction period economic benefits),
and to employ approximately 325 workers during
construction MPTB); the PROJECT will also result
in the creation of approximately 105 permanent new
jobs. Tim PRJJECT will generate approximately
$9.5 million annually in tax revenues to local
units of government (1997 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on
the economy of the City;
- 4 -
98- 450 .
J
Submitted Into the public
record in connectipn with
item P2- on a
Priscilla A. Thompson
City Clerk
"1
1
(2) the PROJECT will efficiently use public
transportation facilities;
(3) any potentially adverse effects of the
PROJECT will be mitigated through compliance
with the conditions of this Major Une Special
Permit;
(4) the PROJ= will favorably affect the need
for people to find adequate housing
reasonably accessible to their places of
employment;
(5) the PROJECT will efficiently use necessary
public facilities;
(6) the PROJECT will not negatively impact the
environment and natural resources of the
City,
(7) the PROJECT will not adversely affect living
conditions in the neighborhood;
(8) the PROJECT will not adversely affect public
safety;
(9) based on the record presented and evidence
presented, the public welfare will be served
by the PROJECT; and
(10) any potentially adverse effects of the
PROJECT arising fro safety and security,
fire protection and life safety. solid waste,
heritage conservation, trees, shoreline
development, minority participation and
- 5 -
98-4O
J
Submitted Into the public
record in connectio wi
item won LI
Priscilla A. Th p5on
City Clerk
1
1
L
employment, and minority
contractor/subcontractor participation gill
be mitigated through compliance with the
conditions of this Major Vie Special Permit.
Section 7. The Major Use Special Permit, as approved and
amended, shall be binding upon the APPLICANTS and any successors
in interest.
Section 8. The application for Major Use Special Permit,
which was submitted on November 7, 1997, and on file with the
Department of Planning and Development of the City Of Miami,
Florida, shall be relied upon generally for administrative
interpretations and is made a part hereof by reference.
Section 9. This Major Use Special Permit will expire two
(2) years from its effective date which is thirty (30) days after
the adoption of the herein Resolution.
Section 10. The City Manager is hereby directed to
instruct the Director of the Department of Planning and
Development to transmit a copy of this Resolution and attachment
to the developers: Multiplan USA Corp., 2 South Biscayne
Boulevard, Suite 1800, Miami, F1. 33131.
Section 11. The Findings of Pact and Conclusions of Law
are made with respect to the Project as described in the
Development Order for the Bayshore Palms Project. which is
attached hereto as Exhibit "A" and made a part hereof by
reference thereto.
6
98- 450
1
Submitted Into the public
record in connection wi h
item f 7_- o. on
Priscilla A. Thompson
City Clerk
Section 12. The Major Use Special Permit Development
order for the Haysbore Palms Project (iRxbibdt 'A') is hereby
granted and issued.
Section 13. In the event that any portion or section of
this Resolution or the Development Order (Exhibit 'A') is
determined to be invalid. illegal, or unconstitutional by a court
or agency of competent jurisdiction, such decision shall in no
meaner affect the remaining portions of this Resolution or
Development Order (Bxhibit 'A') which shall remain in full force
and effect.
Section 14. This Resolution shall become effective thirty
(30) days after its adoption.
PASSED AND ADOPT= this 28th day of April . 1998.
(n modem ehh Mead Code Sea
yhis hebiat3oi by sipNcp It In the
t+ac:,,.,.s effective with the elapse of
rega dng same, without the Mayor
ATYRST:
` ALTRI J. SOtt AK, CITY MIRK
PREPARED AND APPROVED BY:
K. WY$01.
ASSISTANT CITY ATPORIIBY
142349
7
JOH CAIIAt.LO, MAYOR
2-30, s the kW" da not
at
d ''.•ce FroYt d, said Malian now
ten (10) d r the dated action
• dY Clerk
450
Submitted Into the public
record in connection with
item Pz 42on
Priscilla A. Thpson
City Clerk
Distribution Below
EXiliBif u.D „
Deccmba 15,1999
Modifications for
Bayshore Pals MUSP
Resolution No. 98-450
Adopted: April 28, 1998
Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandmm modifies
the development order for the Bayshore Patens Major Use Special Permit, by approving the time extension
described in the attached letter from Judith Burke on behalf of Hrickdlinvest Joint Venture, dated
November 1,1999.
This approval is based on findings that the proposed modification is a "de mimeos" consubstantial change
to the Major Use Special Permit issued by Resolution 98-450, adopted April 28,1998.
Resolution 98-450 is hereby amended as follows:
s
RESOLUTION NO. 98-450
A RESOLUTION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT, PURSUANT TO ARTICLES 13
AND 17 OF ZONING ORDINANCE 11000, FOR
THE BAYSHORE PALMS PROJECT, TO BE
LOCATED AT APPROXIMATELY 1201
BRICKELL BAY DRIVE (F/K/A SOUTH
BAYSHORE DRIVE), MIAMI, FLORIDA; TO BE
COMPRISED OF NOT MORE THAN 749 UNITS,
ACCESSORY AND COMMERCIAL SPACE AND
1,254 PARKING SPACES (INCLUDING VALET
SPACES); DIRECTING TRANSMITTAL OF THE
HEREIN RESOLUTION; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
s
Submitted Into the public
record in connectiowith
item 'pz- L.I a on
Priscilla A. Thompson
City Clerk
Section 9. This Major Use Special Permit will expire • '
on April 28. 200Z, pursuant to an approved
time extension as traded an December 15.1999..
Attachments
Din with its:
Landes Slazyk, Assistant Director
Planning Departmem
Frank RoUasoa, Director
Building and Zoning Department
Juan Gonzalez, Acting Zoning Administrator
Zoning Division
Teresita L. Fernandez, Chief
Office of Hearing Boards
Judith Burke, Esq.
Attorney for applicant
Bayshore Patens Major Use Special Permit File
4"
Submitted Into the public
record in connection with
item 2 . �A. on
Priscilla A. T
City Clerk
CITE OF P.II,14.1: FL:"..%giCA
INTER -OFFICE MEMORANDUM
EXiliBif 't n
Distribution Below
-- = 0I 33Ai g5,pJ t:
Modification for
Bayshore Palms MUSP
- - - - = • Resohrtico No. 98-450
Adopted: Aprl 28,1998
FILe
Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed ted that this memorandmn modifies
the development order for the Bayshore Patens Major Use Special Permit, by approving the changes
described in the attached letter from Judith Burke on behalf of Bridcellinvest Joint Venture, dated
December 20, 2000. This modification is approved as specified below and as detailed in the attached letter
(referenced herein and made a part hereof).
This approval is based on findings that the proposed modification is *Ode mmunns" nonsubstantial change
to the Major Use Special Permit issued by Resolution 98-450, adopted April 28,1998 per the attached
memorandum from Juan Gonzalez dated January 5, 2001.
Resolution 98-450 Is hereby amended as follows:
•
• •
RESOLUTION NO. 98-450
A RESOLUTION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT, PURSUANT TO ARTICLES 13
AND 17 OF ZONING ORDINANCE 11000, FOR
THE BAYSHORE PALMS PROJECT, TO BE
LOCATED AT APPROXIMATELY 1201
BRICKELL BAY DRIVE (F/K/A SOUTH
BAYSHORE DRIVE), MIAMI, FLORIDA; TO BE
COMPRISED OF NOT MORE THAN 740 680
UNITS, ACCESSORY AND COMMERCIAL
SPACE AND 4,244 1.133 PARKING SPACES
(INCLUDING VALET SPACES); DIRECTING
TRANSMITTAL OF THE HEREIN RESOLUTION;
MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
• •
•
Submitted Into the public
record in connectio wi h
item in- 4 a. on
Priscilla A. Thompson
City Cleric
es
•
•
EXHIBIT "A"
• •
DEVELOPMENT ORDER
• •
The PROJECT shall be constructed filly in accordance with plans and design schematics
on file prepared by Luis Revueha, P.A., dated November 1997 (as modified by Memocandims of
Nonsubstantial Modification dated 6f24199 and !briber modified on 5/5/00: and on 1/25101); ...
•
Attadmients
Distribution vrith attadimentx
Lourdes Slazyk, Assistmt Director
Pluming and Zoning Deputment
Hector Lima, Director
Building Department
Juan Gonzalez, Acting Zoning Administrator
Zoning Division
Teraita L. Fernandez, Chief
Office of Hearing Boards
Judith Burke, Esq.
Attorney for applicant
Bayshore Palm Major Use Special Permit File
• •»
Submitted Into the public'
record in connection with
item 1)z . (4 on
Priscilla A. Thompson
City Clerk
SHUTTS & BOWEN LLP
JUDrm A.BURKE
DIRECr LLNE s30SI 379.918:
E-Mail: jburkeeshutts-law.com
VL4 TELECOPY
Lourdes Slazyk
Assistant Director
The City of Miami
444 S.W. 2"d Avenue
Third Floor
Miami, Florida 33130
ATTORNEYS AND COUNSELLORS AT LAW
IA PARTNERSHIP CL_ DING PROFESSIONAL ASSOCIATIONS'
ISoo M AMI CLNITER
201 SOUTH BISCAYNE BOULEVARD
MIAML FLORIDA 33131
A11A141t3051358.6300
BROWARD I9$11 467-8841
FACSIMILE 130Si 361-9982
RE: Villaggio on the Bay
Modification to MUSP
Dear Lourdes:
EXHIBff "p"
February 1, 2001
This is a follow up to the voice mail message that I left for you yesterday morning regarding
the modification to the Major Use Special Permit ("MUSP") for the Bayshore Palms Project. We
appreciate your final approval and issuance of the modification to Resolution 98-450. The portion
of the resolution modified provides for the maximum number of units and number of parking spaces
on the project. As I stated in my message, we were unable to figure how the number 1,133 parking
spaces was arrived at.
The original MUSP provided for 580 parking spaces on the north parcel (Tract B) and 600
parking spaces on the south parcel (Tract C). Our amendment provided for a reduction of parking
spaces from 600 to 479 spaces due to the reduced density. Therefore, if the project is considered as
a whole, the number of parking spaces on the MUSP modification should be 1,059.
If you plan to revise the memorandum, it might be better on a going forward basis to separate
the two phases due to the fact that they are separately platted tracts and will be developed by
different developers. I have attached a copy of the revisions to Resolution No. 98-450 showing how
this could be accomplished with very few changes. This way, each developer will be able to apply
to the City for any changes needed during the course of marketing or construction without having
any affect on the other phase.
A7MSTERDAM
PDRtfAUDERDALE LONDON
WARN OR ANDO
Submitted Into the public'
record in connectio w
item 3'7 • on 1
Priscilla A. Thomp
City Clerk
TAL AMASSER • wawa' BEACH "
Lourdes Slazyk
February 1, 2001
Page 2
After you've had an opportunity to review the enclosed, please call me so that we can discuss
this matter in greater detail. As always my client and I appreciate all of your help in connection with
this project.
Very truly you,
Judith A. Burke
cc: Mr. Juan Gonzalez
Mr. Manuel de Zarraga
Mr. Alex Garcia
Mr. Luis Revuelta
MAooCs39 44t1 UCC
Submitted Into the public
record in connectio wit
item 'P 2 • Lip- on o
Priscilla A. Th p n
City Clerk
SHTTS
BOWEN
LLP
ATTORNEYS AND COUNSELLORS AT JAW
JUDILIH A. BURL
DIRECTLWE DOD379.9127
&Hrk
VIA FEDERAL EXPRESS
Lourdes Slazyk, Assistant Director
City of Miami Planning Department
444 S.W. 2nd Avenue/Third Floor
Miami, Florida 33130
Re: Jade Residences at Brickel Bay
Modification to MUSP
Dear Lourdes:
rni rein _n o•.' .,.
f ..1: . 1 l 1 V: 23
EXIllBft "E
August 1, 2001
Submitted Into the public'
record in connectio wit'
item _ :.yyon a1 °g
Priscilla A. Thompson
City Clerk
This firm represents Suttonwood Holdings, LC, a Florida limited liability company
("Suttonwood"), the owner of the southern half of the property previously approved for the
development of a project referred to as Bayshore Palms and/or Villaggio on the Bay. As you may
recall, the subject property had initially been platted as one tract of land. The Major Use Special
Permit ("MUSP") approved the development of the project in two phases. The development criteria
was calculated separately for each of the two phases. Last year the entire property was replatted
pursuant to the Bayshore Palms Replat, recorded in Plat Book 155, Page 100, which provides for two
separate tracts (i.e., Tract B and Tract C). Brickellinvest Joint Venture (`Brickellinvest"), the prior
owner of the entire property conveyed Tract B (the northern half of the property) to TWJ, Ltd. on
October 20, 2000. On March 26, 2001, Brickellinvest conveyed Tract C (the southern half of the
property) to Suttonwood.
Suttonwood is plamming to begin development of Tract C in the very near future. The project
will be called "Jade Residences atBrickell Bay" (the "Project"). The final plans for the development
of the Project show certain minor changes to the development outlined in the Resolution and the
Development Order. Therefore, this letter constitutes our official request for a determination by the
Administrator that these changes to the MUSP are non substantial.
I have attached a copy of City of Miami Commission Resolution No. 98-450, adopted on
April 28,1998 (the "Resolution"), together with a copy of the Development Order. As you know,
the Development Order was previously modified on four separate occasions, i.e., June 24, 1999,
December 15,1999, May 5, 2000 and January 25, 2001. All of the modifications were found by the
Director of the Planning Department to be a "de minimus" non substantial change. Please note that
the December 15,1999 modification extended the expiration date ofthe MUSP until April 28, 2002.
Attached to this letter is a chart which provides a comparison between the original MUSP
approved pursuant to the Resolution for Tract C and this proposed fifth modification. As you can
- 1b09 MAMI CENTER • 201 SOUTH NSCAYNE BOULEVARD • IMAM FLORIDA 33131 • MIMB (7010 MOM • FACSIMILE DOM 311141192 • WENDS wwwM !.eom
FOR IAUDiNDAti WEST TAUS ACH
oMANDo 'DWANASSEL
AMSTERDAM tONDON
Lourdes Slazyk
August 1, 2001
Page 2
see, the changes are minor and are in conformance with the criteria applicable to non substantial
change determinations. As such, none of the requested changes exceed the zoning regulations. The
footprint of the building is not proposed to be moved more than ten (10) feet in any horizontal
direction. The height of the building is not proposed to be increased by more than five (5) feet or
five (5%) percent of the height of the building. As a matter of fact, the height of the building has
been reduced. In addition, the number of residential units has also been decreased from the
originally approved 375 units to 326 units. Please note that, although the member of parking spaces
provided has been decreased in line with the scaled down project, the number is still in compliance
with the Code. The requested modification to the Project is "de nrin mus" as shown on the site plan
entitled Jade Residences at Brickell Bay, prepared by Luis Revuelta, P.A., dated July 31, 2001 (the
"Revised Site Plan"). Therefore, no portion of the proposed modification could have a serious effect
on the Project. If this proposed modification is approved, it is our desire to abandon the first, third
and fourth modifications. Of course, we request that the second modification remain in effect.
I hope that the information contained in this letter and the attached documentation is
sufficient to issue a determination that the Revised Site Plan for the Project is in substantial
compliance with the previously approved development and constitutes a "de minimus" non
substantial change to a Major Use Special Permit. In order to avoid confusion in the future, when
you issue your amendment to Resolution No. 98-450, please change the name of the Project on the
face of the Resolution from Bayshore Palms to Jade Residences at Brickell Bay.
You will find enclosed with this letter our check in the amount of $3,000.00 to cover the
administrative review fee and three (3) copies of the Revised Site Plan. If you have any questions
or require additional infommationregarding this issue, please do nothesitate to contact me. Thanking
you in advance for all of your courtesy and cooperation in connection with this matter.
Very truly yours,
Judith A. Burke
cc: Mr. Juan Gonzalez
Mr. Miguel A. Barbagallo
Mr. Edgardo De Fortuna
Mr. Jorge Brugo
Mr. Ron Choron
Mr. Luis Revuelta
Raul Sanchez de Varona, Esq.
1MAoocS443OO9.1 ucc
Submitted Into the public
record in connectio wit
item 2• 2 on tit
Priscilla A. Tho pson
City Clerk
f a i
Distautiaaa Below
INTER-OFF!CE :j,IEMORAND'UPI
EXHIOff uF
October 17, 2001
Modifications for:
Bayshore Palm MUSP
Planning Department s Resolution No. 98-450
Adopted: April 28,1998
Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandum modifies
the development order for the Bayshore Palms Major Use Special Pamir, by approving the changes
described in the attached letter from Judith Budoe on behalf of Suttonwood Holdongs, LC, dated August 1,
2001. This modification is approved as specified below and as detailed in the attached letter (referenced
herein and made a part hereof).
This approval is based on findings that the proposed modification is a "de minims" nonsubstantial change
to the Major Use Special Permit issued by Resolution 98-450, adopted April 28,1998 per the attached
memorandum from Juan Gonzalez dated October 15, 2001.
Resolution 98-450 Is hereby amended as follows:
• •
RESOLUTION NO. 98-450
•
A RESOLUTION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT, PURSUANT TO ARTICLES 13
AND 17 OF ZONING ORDINANCE 11000, FOR
THE BAYSHORE PALMS PROJECT, TO BE
LOCATED AT APPROXIMATELY 1201
BRICKELL BAY DRIVE (F/K/A SOUTH
BAYSHORE DRIVE), MIANII, FLORIDA; TO BE
COMPRISED AS FOLLOWS: PHASE I (AKA JADE
JADE RESIDENCES AT BRICKELL BAY) SHALL
CONSIST OF NO MORE THAN 326 RESIDENTIAL
UNITS. WITH ACCESSORY COMMERCIAL AND
RECREATION SPACE AND A TOTAL OF 465
PARKING SPACES: PHASE II SHALL CONSIST
OF NO MORE THAN 350 RESIDENTIAL UNITS
WITH ACCESSORY COMMERCIAL AND
RECREATION SPACE. AND A TOTAL OF 533
PARKING SPACES
AtALET—SPACES); DIRECTING TRANSMITTAL
OF THE HEREIN RESOLUTION; MAKING
Submitted Into the public
record in connectio ► wkth
item `z . Nat on
Priscilla A. Thol'npson
City Clerk
FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
s
•
s
s •
EXHIBIT "A"
DEVELOPMENT ORDER
•
s
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Luis Revuelta, P.A., dated November 1997 (as modified by Memorandum of
Nonsubstaottal Modification dated 6/24/99 and farther modified on 5/5/00,1/25/01. and August. 2001); ..,
Attachments
Distribution with :
Lourdes Slazyk, Assistant Director
Plannhag Zoning Department
Hector Lima, Director
'Building Department
Juan Gonzalez, Acting Zoning Administrator
Zoning Division
Teresita L. Fernandez, Chief /
Office of Hearing Boards r
Judith Burke, Esq.
Attar for applicant
Bayshore Patens Major Use Special Permit File
Submitted Into the pubs c
record in connectio w' h
item ?a. y z on a 4.
Priscilla A. Thompson
City Clerk
SHTTS
B0�EN
LLP
ATTORNEYS AND COUNSELLORS AT LAW
JUDI[H A BURICE
IaARTICI
DOZE TLINEDee1i7l-Yfe7
VIA FEDERAL EXPRESS
Lourdes Slazyk, Assistant Director
City of Miami Planning Department
444 S.W. 2n4 Avenue/Third Floor
Miami, Florida 33130
Re: Jade Residences at Brickell Bay
Modification to MUSP
Dear Lourdes:
18ft""
March 28, 2002
This firm represents Suttonwood Holdings, LC, a Florida limited liability company
("Suttonwood"), the owner of the southern half of the property previously approved for the
development ofa project formerly referred to as Bayshore Palms and/or Villaggio on the Bay. As
you may recall, the subject property had initially been platted as one tract of land. The Major Use
Special Permit ("MUSP") approved the development ofthe project in two phases. The development
criteria was calculated separately for each of the two phases. In 2000, the entire property was
replatted pursuant to the Bayshore Pales Replat, recorded in Plat Book 155, Page 100, which
provides for two separate tracts (i.e., Tract B and Tract C). Brickellinvest Joint Venture
("Brickellinvest"), the prior owner of the entire property conveyed Tract B (the northern half of the
property) to TWJ, Ltd. on October 20, 2000. On March 26, 2001, Brickellinvest conveyed Tract C
(the southem half of the property) to Suttonwood.
Suttonwood is planning to begin construction of the project now known as "Jade Residences
at Brickell Bay" (the "Project") on Tract C in the very near future. The final plans for the
development of the Project show certain minor changes to the development outlined in the
Resolution. Therefore, this letter constitutes our official request for a determination by the Zoning
Administrator that these changes to the MUSP are non substantial.
I have attached a copy of City of Miami Commission Resolution No. 98-450, adopted on
April 28, 1998 (the "Resolution"), together with a copy of the Development Order. As you know,
the Development Order was previously modified on five separate occasions, i.e., June 24, 1999,
December 15,1999, May 5, 2000, January 25, 2001 and October 17, 2001. All of the modifications
were found by the Director of the Planning Department to be a "de minimis" non substantial change.
Please note that the December 15,1999 modification extended the expiration date of the MUSP until
April 28, 2002.
Submitted Into the public
record in connection with
item P2-- LI> on
Priscilla A. Thompson
City Clerk
IMO MIAw CENTER • an SOURS BISCAYNE BOULEVARD • MIAMI. FLORIDA 33t31 • I AM1 ODE 3384300 • FACSIMILE Devi 3 1-9992 • MISRE wNwYrMwvaes
Lourdes Slazyk
March 28, 2002
Page 2
Attached to this letter is a chart which provides a comparison between the original MUSP
approved pursuant to the Resolution for Tract C and this proposed sixth modification. As you can
see, the changes are minor and are in conformance with the criteria applicable to non substantial
change determinations. As such, none of the requested changes exceed the zoning regulations. The
footprint of the building is not proposed to be moved more than ten (10) feet in any horizontal
direction. The height of the building is not proposed to be increased by more than five (5) feet or
five (5%) percent of the height of the building. As a matter of fact, the height of the building has
been reduced. In addition, the number of residential units has also been decreased from the
originally approved 375 units to 336 units. Please note that, although the number of parking spaces
provided has been decreased in line with the scaled down project, the number is still in compliance
with the Code. The requested modifications to the Project are "de minimis" as shown on the
enclosed plan entitled Jade Residences at Brickell Bay, consisting of 5 pages including a site plan
and north/south/east/west elevations, prepared by Revuelta Vega Leon, P.A., dated last revised
March 20, 2002 (the "Revised Site Plan"). If this proposed modification is approved, it is our desire
to abandon the first, third, fourth and fifth modifications. Of course, we request that the second
modification remain in effect.
The information contained above, as well as the attached chart, outline the modifications as
they relate to the original MUSP approval in 1998. I thought it might be helpful to highlight the
minor differences between this development plan and the non substantial modification approved on
October 17, 2001 (the "October Modification"). In most respects the development plan remains the
same. There was a slight adjustment from the decrease in residential units that appeared on the
October Modification. Ten (10) of those units were added back. However, the Project is being
developed with thirty-nine (39) fewer units than the original approval. The parking, of course, was
adjusted accordingly. In order to accommodate that parking, the pedestal height was also adjusted.
The pedestal on the October Modification was 58' 4", whereas the Revised Site Plan shows the
pedestal at 68'. You will note, however, that the original pedestal was approved for a height of 102'.
Further, the building height was not increased. The October Modification provided for a height of
500' 8"; whereas the building on the Revised Site Plan is now proposed at 482' 10". Finally, there
was a slight adjustment to the total FAR on account of the new units from 662.109 square feet in the
October Modification to 679,205 square feet under the Revised Site Plan. The building footprint,
however, stayed exactly the same.
Suttonwood plans to begin actual construction in the very near future. Suttonwood filed
applications for both the foundation and building permits on December 17, 2001. They expect to
obtain the foundation permit in the next few weeks. However, it is possible that the building permit
for the balance of the structure will not be obtained before April 28, 2002. Therefore, we are
requesting an extension of the expiration date of the MUSP for a period of one (1) year, until April
28, 2003. Although it is highly unlikely that we will need that much additional time to obtain our
permit, we make this request in an abundance of caution.
I hope that the information contained in this letter and the attached documentation is
Submitted Into the public
record in connectio wi h
item Pz- on D
Priscilla A. Tho pson
City Clerk
Lourdes Slazyk
March 28, 2002
Page 3
sufficient to issue a determination that the Revised Site Plan for the Project is in substantial
compliance with the previously approved development and constitutes a "de minimis" non
substantial change to a Major Use Special Permit.
You will find enclosed with this letter our check in the amount of $3,000.00 to cover the
administrative review fee and two (2) copies of the Revised Site Plan. If you have any questions or
require additional infonnation regarding this issue, please do not hesitate to contact me. Thanking
you in advance for all of your courtesy and cooperation in connection with this matter.
Very truly yours,
<4.::4#'41A
Judith A. Burke
cc: Mr. Juan Gonzalez
Mr. Edgardo De Fortuna
Mr. Ron Choron
Mr. Roy Hall
Mr. Chris Gandolfo
Adrienne Pardo, Esq.
Mr. Nestor Vega
MIADOCS ate., ucc
Submitted Into the public
record in connection wi h
item `P?:_`j...-on a 2 y
Priscilla A. C► _
Clerk
Digit Below
INTER -OFF! .= M!MORANTi.;:.!
EXflI8ff"H"
April 24,2002
Modifications for:
Bayshore Patens MUSP
Resolution No. 98-450
Adopted: April 28, 1998
Pursuant to Section 1706, Zoning Ordinance 11000, it is hereby directed that this memorandtun modifies
the development order for the Bayshore Patens Major Use Special Permit, by approving the time extension
described in the attached Letter from Judith Burke on behalf of Suttonwood Holdings LC, dated March 28,
2002.
This approval is based on findings that the proposed modification is a "de minimus" nonsubstantial change
to the Major Use Special Permit issued by Resolution 98-450, adopted April 28, 1998.
Resolution 98-450 is hereby amended as follows:
•
• •
RESOLUTION NO. 98-450
A RESOLUTION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT, PURSUANT TO ARTICLES 13
AND 17 OF ZONING ORDINANCE 11000, FOR
THE BAYSHORE PALMS PROJECT, TO BE
LOCATED AT APPROXIMATELY 1201
BRICKELL BAY DRIVE (F/K/A SOUTH
BAYSHORE DRIVE), MIAMI, FLORIDA; TO BE
COMPRISED AS FOLLOWS: PHASE I (AKA JADE
RESIDENCES AT BRICKELL BAY) SHALL
CONSIST OF NO MORE THAN 326 2211
RESIDENTIAL UNITS, WITH ACCESSORY
COMMERCIAL AND RECREATION SPACE. AND
A TOTAL OF 466 422,PARKING SPACES; PHASE
11 SHALL CONSIST OF NO MORE THAN 350
RESIDENTIAL UNITS WITH ACCESSORY
COMMERCIAL AND RECREATION SPACE. AND
A TOTAL OF 533 PARKING SPACESDIRECTING
TRANSMITTAL OF THE HEREIN RESOLUTION;
MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
Submitted Into the public
record in connection with
item Pz • Ya on
Priscilla A. Thom
City Clerk
Section 9. This Major Use Special Permit will expire
on April 28. 2004. pursuant to an approved time
extension as granted on April 24. 2002,
•
•
•
•
EXHIBIT "A"
•
DEVELOPMENT ORDER
•
•
•
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Luis Revuelta, P.A., dated November 1997 (as modified by Memorandum of
Nonsubstantial Modification dated 6/24/99 and further modified on 5/5/00,1/25/01, and August, 2001; m¢
April of 2002); ...
Attachments
Distribution with attadmients:
Lourdes Slazyk, Assistant Director
Planning Department
Frank Rollason, Director
Building and Zoning Department
Juan Gonzalez, Acting Zoning Administrator
Zoning Division
Teresita L. Fernandez, Chief
Office of Hearing Boards
Judith Burke, Esq.
Attorney for applicant
Bayshore Palms Major Use Special Permit File
Submitted Into the public
record in connection wiith
item P2 n
Priscilla A. Thompson
C Clerk
PLANNING AND ZONING DEPARTMENT
HEARING BOARDS DMSION
444 SW 2nd Avenue, 76. Floor • Miami, Florida 33130
Telephone 305-416-1480 • Fax 305-416-2035
AaPucnnoN FOR Milli
MAJOR USE SPECIAL PERMIT
IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS BE REQUIRED WHERE SPECD USES AND/OR OCCUPANCIES INVOLVE MATTEF'
DEEMED TO BE OF CIUYWEE OR AREA.WDE IMPORTANCE
THE CRY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMIT
(SEE ARTICLE 17 of ORDINANCE 11004 AS AMENDED, THE ZONING ORDINANCE of THE CITY OF ML4ANr. FLORIDA)
THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND ZONING SHALL MAKE RECOMMENDATIONS ON ALL APPUCAT)ONS FOR MIMIC
USE SPECIAL PERMITS AND FOR ANY AMENDMENTS THERETO AND SHALL TRANSMIT SAID APPUCATIONS AND RECOMMENDATIONS T
THE PLANNING ADVISORY BOARD FOR ITS RECOMMENDATIONS AND MAY MAKE REFERRALS TO OTHER AGENCIES. BODIES, OR OFFldE
FOR REVIEW. ANALYSIS, ANDIOR TECHNICAL FNNDING8 AND DETERMINATIONS AND REPORTS THEREON. (SEE SECTION 1301.4 C
ORDINAACE 11004 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF * AK FLORIDA.)
ANY PERSON WHO RECEVES COMPS NSATICNt, REMAUNERRT:'CN OR ExPe4sEs FOR CONDUCTING LOBBYING ACTNRE3 TO REGISTERA
A LOBBYIST WITH THE CITY CLERK. PRIOR TO ENGAGING N LOBBYING ACTMTES BEFORE CITY STAFF, BOARDS. CONBAITTEES AND TN -
CRY COMMISSION. A COPY OF SAID ORDNANCE IS AVAILABLE N THE OFFICE OF THE CITY CLERK (M III CRY HALL), LOCATED AT 35(
PAN AMERICAN DRIVE. MIAMI. FLORIDA. 33133.
APPLICANTS ARE RESPONSE. IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGJSH LANGUAGE TO ANY PRESENTATION BEFOF
CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEW
COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPUCAT)ON OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARD
COPAMITTEES AND THE CITY COMMAENON.
•
I, Tibor Hollo , hereby apply to the Director of the Planning and Zoning Department of the City of
Miami for approval of a Major Use Special Permit under the provisions of Article 17 of the City of
Miami Zoning Ordinance.
Property Address: 1201 Bridcell Bay Drive. Miami. Florida 33131
Nature of proposed use (be specific): Modification of MUSP aooroved for Bayshore Palms. A
Residential Droiect with ancillary retail and commercial,
1. Two 11x17" original surveys and one 24x36' original survey, prepared by a State of Florida
Registered Land Surveyor within one year from the date' of application.
2. Two 11x17" original plans and one 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, landscapkig, etc.; building elevations and dimensions and computations of lot
area and bulding spacing.
3. Plans need to be stamped by the Hearing Boards Division first and then signed by Public' Works,
Zoning and Planning prior to submission of application.
4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached
forms).
5. Certified Mist of owners of real estate. within a 500-feet radius from the outside boundary of property
(see pages 5 and 6).
Rpm. 12//06 01
Submitted Into the public
record in connectio wi h
item 2; on
Priscilla A. Thompson
6. At least two photographs that sham the entire property (land and improvements).
7. Maps showing the existing zoning designation and the adopted comprehensive plan designation for
areas on and arotmd the property.
8. 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.
9. Concept Plan:
a) Site plan and relevant information per Section 1304.2.1d-h in Zoning Ordinance 11000, as
amended.
b) Relationships to surrounding existing and proposed uses and activities, systems and facilities,
per Section 1702.2.2a In Zoning Ordinance 11000, as amended.
c) How concept affects existing zoning and adopted comprehensive plan principles and
designations; tabulation of any required variances, special permits, changes of zoning or
exemptions, per Section 1702.2.2b In Zoning Ordinance 11000, as amended.
10. Developmental Impact Study (an application for development approval toy .a.. Development of
Regional Impact may substitute).
1
11. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to
this application).
12. An 8 x 11' copy of all exhibits that will be presented at the hearing.
13. Twenty-five (25) 'Major Use Special Permit" books containing the above information. If this project
requires Zoning Board approval, a total of thirty-five (35) books will be required.
14. Cost of processing according to the City Code:
a) $ )i IZI •'� , for the Major Use Special Permit — ‘)131)1641la4- 14O1) (C 0 e.1
b) Additional fee of $ , for any required special permits, changes of
zoning or variances.
c) Total Fee: $ 30, iz1.35
•
17. What Is the purpose of this Major Use Special Permit? A residential • = with
accessory retail use. The application is a modification of the = _��, - ms MUSP,,
Rev.1?106101
Tibor Hollo. Member. Excel.com LLC
as General Partner of TWJ. Ltd A
Florida Limbed Partnership
c/o Vxkv Garcia -Toledo. Esa.
Address Skin Sumbera Dunn et al.
20Q So. Biscayne Blvd. Ste. 2500
Miami. pt. 33131
Telephone • 305 374-2409
Date JJ a0u A el I ka.Joy
Submitted Into the public
2 record in c9nnectio wi` o
Kern _�Z _� on _� __L_
Priscilla A. Thompson lerk