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HomeMy WebLinkAboutApplication & Supporting Docs• • HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 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 at the number above, 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 3:00 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 before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral. 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. A valid 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 cost to record the Zoning Board 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 is signed or initialed by the Planning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 12-14-04 • • 1. This complete application should be reviewed and initialed by the Planning designee prior to submittal. 2. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 3. Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 4. This petition is proposed by: © Planning Department X Other, please specify 5. The subject property is located at: approximately 3110-3128 NE 2nd Avenue, 2932-3030 NE 2 d Avenue, 2930-3090 NE 1 Court, 160 NE 30 Street and 145-169 NE 29 Street. . Folio number: 0131250030090, 0131250030100, 0131250030110, 0131250030120, 0131250030130, 0131250030170, 0131250030180, 0131250030190, 0131250030200, 0131250030140, 0131250720020, 0131250720010E 0131250030160, 0131250040030, 0131250040050 and 013125004006 Rev. 12-14-04 2 • AND MORE PARTICULARLY DESCRIBED AS: See attached Exhibit "A" 6. The undersigned, being the owner or the representative of the owner of the subject property, do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: General Commercial TO: Restricted Commercial 7. What is the purpose of this application? To provide for a unified site for develoment. 8. What is the acreage of the project/property site? approx. 2.44 acres 9. Has the designation of this property been changed in the last year? If so, when? No 10. Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a change in plan designation within the last year? No 11. Have you made a companion application for a change of zoning? yes 12. Have you filed a(n): • Affidavit of ownership? Disclosure of ownership form? • List of owners of property within 500 feet of the subject property? If not, please supply them. 13. 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 Department (3`d Floor) at 305-416-1400 for information.} No 14. 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 Department (3`d Floor) at 305-416-1400 for information.} No 15. Please submit a statement indicating why you think the existing plan designation is inappropriate. The General Commercial plan designation does not allow for a unified development site. Rev. 12-14-04 3 16, Please submit a stiOnent justifying your request to the nested plan designation change. The majority of the site is restricted commercial and this plan change would permit a unified development site. 17. 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 and will be kept as part of the record. 18. Other (Specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 19. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high -density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice Signature Name Lucia A. Dougherty Telephone 305-579-0603 $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 Address 1221 Brickell Avenue Date Miami, Florida 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2(by Jug fk. A .o is a(n) individual/partner/agent/corporation of a(n) individualfpartnership!corporation. He/She is personally knows to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev. 12-14-04 4 IvIARWLR NOTARY PUBCS ATE OF FLORIDA COMMISSION O. 3D, 1^, *5 X.E17. AFFIDAVIT Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty , who being by me first deposes and says: 1. That helshe 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. Lucia A. Dougherty Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7 day of 206T by Lucia A. Dougherty who is a( individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. 4. (Stamp) Signature OFFICIAL M Y] AI�`YSF MARISOL R GONZALEZ € NOTARY PU6UC STATE OF FLORIDA I COMMISSION NO. DD14S&3 MYCOMM ISSIONEXP. SEPT 17,2006 I -Rev.12 1Z Ofl DISCLOSURE OF OWNERSHIP • • 1. 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(es) Biscayne Venture Development LLC Subject Property Address(es) See attached Exhibit "A" Telephone Number 305-757-0001 See attached Exhibit "B" 2. Street address and legal description of any property: (a) Owned by any party listed in answer to question #1; and (b) Located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description Lucia A. Dougherty Owner or Attorney for Owner Name Owner Attbrf ey for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE _The foregoing instrument was acknowledged before me this 7 day of 201) by Lucia A. Dougherty individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personaltyJnown to me or who has produced as identification and who did (did not) take an oath. ).1,Lce (Stamp) -OFFlCIALNOTARY SEAL MARISOL R GONZAL.EZ NMIAR Y! PUBLIC STATE OF FLORIDA ; COMMISSION NO. DD1488a7 ikev.17 1 c ignatur e DISCLOSURE OF OWNERSHIP 1. 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(es) CASAM 3110 LLC Subject Property Address(es) See attached Exhibit "A" Telephone Number 305-757-0001 See attached Exhibit "C" 2. Street address and legal description of any property: (a) Owned by any party listed in answer to question ##1; and (b) Located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description Lucia A. Dougherty Owner or Attorney for Owner Name Owner or Attornfor Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this ? day of 20( by Lucia A. Dougherty individual/partner/agent/corporation of a(n) individualfpartnershipfcorporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signaatth re O��,F,(II.Ctp�f['�A�{ NOTARYhST'��`,,su IY ARISOL R GOA ZALr' . . NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DDi48882 MY COMMISSION EXP. SETT 37,2C"U•.Y ',kev:1'2'T4 '+ -Cw • • • Exhibit "A" LEA. DESCRPTION OF THE LAND LOTS 1 THROUGH 7, BLOCK 2 AND LOTS 11 THROUGH 14, BLOCK 3 AND LOTS 6 AND 7, BLOCK 4, LOTS 1 THROUGH 5, BLOCK 5 AND LOTS 12 THROUGH 16, BLOCK 1, OF WEST BROADMOOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, AT PAGE 60 OF THE PUBLIC RECORDS OF MIAMI--DADE COUNTY, FLORIDA, AND TRACTS MA" AND "B' OF THATCHER SUBDMSION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 126, AT PAGE 68 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TRACT A AND LOTS 1 THROUGH 7 OF WESTERN BOULEVARD TRACT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 108 THE PUBIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS THE EAST 10.00 FEET OF LOTS 1, 2, 3, 4, AND 7, BLOCK 2 OF WEST BROADMOOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, AT PAGE 60 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND LESS THE NORTH 2.5 FEET OF LOT 1 EXCEPT. THE EAST 10 FEET THEREOF, BLOCK 2, THE NORTH 2.5 FEEI OF LOT 14, BLOCK 3, AND THE SOUTH 2.5 FEET OF LOTS 16 AND 15, BLOCK 1 OF WEST BROADMOOR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 60 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND LESS THAT PORTION OF LOT 1, BLOCK 2 OF WEST BROADMOOR REMAINING AFTER EXCLUDING THE EAST 10 FEET THEREOF AND THE NORTH 2.5 FEET THEREOF DESCRIBED AS FOLLOWS: THE EXTERNAL AREA OF A CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 25 FLiSOUTH AND PARALLEL W11H THE CENTERLINE OF N.E. 31 ST STREET AND 35 FEET WEST OF AND PARALLEL WITH THE CENTERUNE OF N.E. 2ND AVENUE. AND LESS THAT PORTION OF LOT 7, BLOCK 2 OF WEST BROADMOOR REMAINING AFTER EXCLUDING THE EAST 10 FEET THEREOF DESCRIBED AS FOLLOWS: THE EXTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 25 FEET NORTH OF AND PARALLEL WITH THE CENTERUNE OF N.E. 30 STREET AND 35 FEET WEST OF AND PARALLEL WITH THE CENTERUNE OF N.E. 2ND AVENUE. Exhibit "B" • • Biscayne Venture Development LLC Disclosure of Ownership 50% Samuel Venture LLC 99% Michael Samuel 1% Jonathan Samuel 3110 NE 2nd Avenue, Miami, FL 33137 50% Cayre Venture LLC Percentage Interest Members28% Joe Cayre Jack Cayre 15% Michael Cayre 15% Steven Cayre Trust 15% Daniel Cayre Trust 15% Grace Cayre Trust 5% Daniel Pfeffer 5% Harvey Fuchs 1% Mark Kaiman .5% Michael Haddad .5% 100% 417 5th Avenue, 9`b Floor New York, NY 10016 Exhibit "C" • • CASAM 3110 LLC Disclosure of Ownership 50% Samuel 3110 LLC 99% Michael Samuel 1% Jonathan Samuel 3110 NE 2"d Avenue, Miami, FL 33137 50% Cayre 3110 LLC Percentage Interest Members 18% Joe Cayre 15% Jack Cayre Michael Cayre 1515% Steven Cayre Trust 15% Daniel Cayre Trust % Grace Cayre Trust 1515 Dan Pfeffer 5 Harvey Fuchs 1% Mark Kaiman 5% Michael Haddad .100% 417 5th Avenue, 9th Floor New York, NY 10016 • T1it aar#eer lrepa'H 6y -pep re re: MAIN o' LIiARY Er1=30021, 100. T13.TitV16 Trr1.1 SLAV r9.Z1QC- 3 01 gouT11 1.0.30X013 oUva s9tT1 1 360 120023MT 032.008, 3% 13133 Alen, taNgew : 01 31 2S 003 0090 1 II I I R I11I II 11111 I1II1 11III fW II I I I III 1911 C N Oit 03RQ732240 61 Oast TREMIND 00C TAXO1/2003 104p0.00e63s07 OM SURTAX 14100.00 )WDVF'7 ICab tRX T nIANI-OesfLAST PAGE Warranty Deed 2003 n.la.. Between This titdaeturc. Madel6is daYeorcorporation e7:istiny under the lava of 7d1 ZA DIBTRICS COTtPQRATIODT, the State of Florida UPC of Florida ',grantor, ma or du C isme of taki Y'DADS ' CMAN 3110 LLC, a Florida limited liability ootapeoy whoa .darno h: or Ace !'M+ly er Cle WitR aalth Ina r«easNTOR rrard locons lde.alefnorthe fans of DOLLARS. TEN DOLLARS (S 1 R ) r►x se 1 "mead io weer .ck w .lyeo. hoc a.d oma t ad wee rnmiremee a Gamma ia land vet by sea «' fwer. a {yA1 b r land 1.:4 jr.nea, eaeplaed and xW a fire said GRANTEE MO GRANTEES treks. w Via° ��0 as eel': 17i66aidbthevricCindyyr bt.iami-Dade 1 i.nts 13 through 16, Block 1, of WEST OROADPOOR SV'i+DIVISIDp, according Pto ublhic RecordsaofoNiasri-Draderded in Plat Book 3' at pale 60, of the Ccuss yi Florida. Subject to restrictions, reservations exist easements of record, if any, but this reference email not operate to reimpose eAirie,auld takes for the year 2003 and subsequent yearn, , grantee. Saoia oT ryJse4r,4 yid O. Ro^*/ hors krvabY Of Ely +.4.r110 lfrg Ulle b tCld WO, ono xtl 4ereel t.e IlArre e810411 lewd) sleeps of all perm" weoarcowa.. en %/Mil S creel, the 11 l iW kercI!N se its i1sid ae,1 xpl Itls flay dial ;mix Tiro in rr n ear pristine: NInDIA DIOTkiCT. _ { 0 AWiraa: Ito �• pd there, Y16e1Ek I w en. 33144 r 15+ {oYI STATE OF ptv� dL1a COUNTY OF mai-ll*OW /, a or September , 7003 ay TAa �reyo Iaw�xnt wa .slonwM pIF rwr rtr hk f 7'z Y a Florida )FICKALL RQBLT`TeON, pRReID of NWT",oi9TLICT CORPORA Corporation, on behalf of the oorporatioa / he is otirsessoRy kr%rn mma or Fe hoe poi.edlli Florida driver)"` ted'pT Notary Public f�'f' MYCoeenesLon 9nvl�' ! L Woe so 7lepVa Or..., Shalt ie}frof form rarat Book21703/Page1616 Page 1 of 1 (Corporrre Seat) After recording return to: Steven A. Landy, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 Property Appraiser's ParcelID#'s 01-3125-003-0130 01-3125-003-0160 01-3125.003-0170 01-3125.072-0010 Grantee's Tax ID #: ` of/ 5941 7 1 111111 I11111111111111111111111111111111 CFN 2003R0879778 OR Sic 21054 Pss 2666 - 26601 (4910 RECORDED 11f26J2003 12:40iS0 DEED DOC TAX 71103.00 SURTAX Se931.O0 HARVEY RiiVIbit CLERK OF COURT 11/011-0ADE CDUNTY, FLORMA SPECVAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this 2. #lday of November, 2003, between FORT DALLAS DOCKS, INC., a Florida corporation (the "Granter), whose post office address is 3030 NM. 2nd Avenue, Miami, Florida 3313 Attn: Raul Fernandez, and BISCAYNE VENTURE DEVELOPMENT LLC, a ikida limited liability company (the "Grantee"), whose post office address is c/o Midtown Equities, 417 Fifth Avenue, 9th. Floor New York, New York 10016. WITNESSETH: THAT the Grantor, for and in consi3erat on of the such of TEN AND N©/100 DOLLARS ($10.00) and other valuable considerations, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirm unto Grantee. all that certain land situate in Miami Dade County, Florida, end more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). THIS conveyance is subject to the following: 1. Taxes and assessments for the year 2004, and subsequent years. 2, All of the matters set forth in Exhibit "B" attached hereto and made a part hereto but this shall not serve to reimpose same. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever, AND Grantor hereby covenants with Grantee that tor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the A�1e a78001-1.oaaas3.ou 800k21854/Pe2666 P4p 1I4 • • • Property, and that Grantor does hereby warrant the title to the Plopi,4ty and will defend the same against the iaw ul claims of all persona claiming by, throngli. or under Grantee', but agaiust none others. IN WTl3+i}3SS WHEREOF, the motor has Aa Special Warranty Deed to be executed in ita name and its corporate seal to be hunter affixed by its PraPer officer thearewdct duly authorized, the day and year Srst above written.. Signed, sealed and delivered in the presence of CURANTOR: FORT DAIS DOCKS, INC, Florida corporation Pthlt Mune: By: _ Print Name: r to Pr, e h rd H►o STATE OF A } COUNTY" OF tt�S: r'"' The Bing instnnoent was by:os�.14 a4i! 41 , ea awe Florida corporation on bieludf aura entity. Ile is This instrument was prepared by: Gregg H. Flamm MK, McDermott, Will & Emery 201 South Biscayne Boudevazd Suite 2200 Miami: Florida 33131 -2. Print/game: Joseph W. Bradle-y Title: Vice President [CORPORATE SEAL] god before me this day of November, 2003, day.# of T DALLA S DOCKS, INC., a known to me tA4L4„,c4S.41.4.— t Name: 'b 1 i L4 m . NOTARY YUBLUC State of Pori& Doe My Cornmiaaion Expires: 7M71°S SAWANOVILAIC ortosirastarivro Pape 2 of 4 • • • ExIu IT .A" XiM3A1-11 P1 11 Lot 7, in Block 4 and Lot 1, UtBlock 5, of WIST BROADMOOR; according to the Plat thereof, ati recorded in Plat Book 3, at Page 60, of the Public Records of Miami -Dade County, P1 ni4 - Toormat is 'Fact A of THATCHER SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 126, at Page 68, of the Public Records of Miami -Dade County, Florida Pal 3.i Lothe re 7, lees Rant 10 feet thereof, Block 2, of WEST BRQ,+ I MOOR, according to the Plat thereof, es recorded in Plat Book 3, at Page 60, of the Public Records of Miami -Dade County, Florida. LESS THAT PORTION OF LOT 7, LESS THE EAST 10 FEET THEREOF DESCRIBED AS FOLLOWS: The external area of a circular curve having a radius of 25 feet and tangents which are 25 feet north of and panel vriih the ceratorlizes of N.B. 30th Street and 35 feet west of and parallel with the centerline of N.B. 214 Avenue. 27e0o74.0210ae.014 R.vie2E68 page 3 of 4 �1. 3K 218$4 PG 2689 LAST PAGE • • • EMtrr„ TO SPECJAL WART p v DEED FROM FORT DOALLAS DOCKS, INC, TO BISCAYNE VE,'YTCtn*Z varvmoPmel rr LLC 1, Rights of Chiiquita Brands Company, North Amerioi, ar tenant only, pursuant to that certain inirecordexl lease between Chiquitt Brenda Cody, North America and Riicay c Venture Development LLC dated as of the date hereof. The less terminates pursuant to its texas on or Wore June 30, 2004. 2. Matters which world be disclosed by an set -mute survey and Inspection of the premises. 3. Tana read asseenments fcrr the year 2004 and subsequent years, 'AIM are not yet due and payable. 4. Six (6) foot wide easements in favor of Southern Bell Telephone and Telegraph Cony as set forth in Plat ofThatcher Subdivision recorded to Flat Boca 126, art Page 68. 5. Unity efTYtle to construct a perking krt on Par 3 f u Ibe c artd benefit of a portion of Parted 2, as art thrillin instrument recordedDday 16, 1986, i Of ial Records book 12891, at Page 1048, 6. Comae to Rua With Ott Lad in favor of the City of Mimed fir the future construction of full width improvements along N.B. 1st Gnat, a street abutting the property, recorded Apaii IL 1985, in Official Records Boo 12474, at Page 1814. 7. Basement granted by Fort Dallas I3ocki, Inc. to Metropolitan Dade County over a portion of Parcel 1 ibr water andkr sewer tidbits pursuant to that Great of Bascttient dated June 2A,1987, and tceorded July 29,1987, in Official Records Book 13361, at Page 2733, 8. Eminent granted by Fart Dallas Deals, Inc, to Florida Paaver and Light Company for die ittsullation and ware of electric aervwe equipment dated July 2, 1987, and recorded July 27, 1987, in Official Records Book 13357, at Page 1865. 9. Unity ofTitle is fever of the City of Miami dated July 9, 1991, and recorded Iu1y 26,1991, at Official Records Book 15124, at Page 1469. 10. Unity of Title in favor of Metropolitan Dade Comity dated August 4,1991, and recorded February 11,1992, in Official Records Book 15382, at Page 1372. ALL RECURDINGS REFER. TO THE 1'UBLiC RECORDS OF MIAMI-DAUB COUNTY, FLORIDA_ rite 2711217.1.11,700.01ra 600k21854/Page2669 -4- Page 4 of 4