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HomeMy WebLinkAboutPAB Application DocumentsHEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com PUBLIC HEARING APPLICATION FOR AN AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us 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. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The deadline to file the complete application with supporting documents is the first five working days (1- 5) of each month from 8:00 am until 3:00 pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed 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. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, 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 and dated by the Planning Department designee. Rev. 01-06-06 8 Section 62-32 Periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report ofthe Miami City Code states detailed information about Amendments to the Miami Comprehensive Neighborhood Plan. |' A. Vicky Garcia-TO|edo, Esquire, P.A. as attorney for ()vvners. On the Park Properties, LLC and On the Pork Properties ||. LLC, hereby apply tOthe Miami City Commission for approval in accordance with Sec 62-32 of the Miami City Code, and in support of that request, furnish the following: . Obtain signature or initial and date by the Planning Department designee prior to submittal. 2. Add[eSs(es)and fo|io(s)nfproperty: 1770 North Baysh0ne Drive, and additional addresses listed on Exhibit 'A' Current designation: HiqhDensity Multifamily Residential Future designation: Restricted Commercial 4. Has the designation ofthis property been changed inthe last year? |fso, when? No. 5. [)Vyou own any other property within 2ODfeet Vfthe subject property? No. If yes, has the property been granted 8 change in plan designation within the last year? 6. Two (2) 11" X 17" 0hgiOG| surveys Of the property prepared by a State Of Florida registered land surveyor within six (6) months from the date of the application. 7. The property/location listed does not have any open code enforcement/lien violations. 8. At least two photographs that show the entire property (land and improvements). 9. A clear and legible copy of the recorded warranty deed and tax fOnnS of the most current year that shows the present 0vvner(9) and legal description of the property. 10� A clear and legible copy of the subject property address and legal description on o separate Sheet of paper, labeled os"Exhibit A". 11. What is the acreage of the project/property site? 1,296 Acres 12. Is the property within the boundaries of historic site, historic district or archeological zone? P|oone contact the Planning Department on the 3" Floor for information. 13, Is the property within the boundaries Of an EnVinJnnn8nt8| Preservation District? Please contact the Planning Department on the 3ro Floor for information. 14, |fonly filing this application and not a change ofzoning, please submit @(an): a) Affidavit b\ Disclosure of Ownership 15. For corporations and partnerships, the following documents are to be submitted: a) Articles of Incorporation b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so d) For non-profit organizations only: A list of Board of Directors less than one (1) year old 16. All documents, reports, studies, exhibits (8W x 11") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. Cost of processing according to Section 62-156 of the Miami City Code: Conservation, recreation, single family, duplex $ 300.00 Residential medium density multifamily $ 450.00 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 mailing per notice $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 3.50 Signature 11141 Address Bilzin Sumberg Baena Price Axelrod LLP Name A. Vicky Garcia- oledo 2500 Wachovia Financial Center Telephone 305-350-2409 STATE OF FLORIDA COUNTY OF MIAMI-DADE 200 South Biscayne Boulevard Mia ", Florida 33131 Date y2, , 2006 E-mail Address vqt(bilzin. The foregoing was acknowledged before me this Esquire, P.A., P.A., a corporation. She is personally known t ( 2006-,-b A. Vicky Garcia -Toledo, take n oath. 7L-61 (Stamp) Signatur CAROL BONN EMA Y COMMISSION t DD 182609 EXPIRES: February 4, 2007 d Thru Pictord Insurance Agancy Rev. 01-06-06 10 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional- lists, if applicable. Owner's Name(es) On the Park Properties, LLC (Shareholder list included as Exhibit "B") Subject Property Address(es) 1770 N Bayshore Drive & 1778 NE Bayshore Drive Telephone Number 305.350.2409 E-mail Address vgt@bilzin.com 2. Street address(es) and legal description(s) 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, if applicable. Street Address 1770 N Bayshore Drive & 1778 NE Bayshore Drive A. Vicky Garcia -Toledo, P.A. Legal Description Lots 1 and 4, Block 8, MIRAMAR , according to the plat thereof, as recorded in Plat Book 5, Page 4, Public Records of Miami -Dade County, Florida Owner or Attorney Name Owner Attorney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day o y'2006, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation* She is personally known to me and did not take an oath. (Stamp) Signat CAROL BONNEMA Y COMMISSION t DO 182609 EXPIRES: February 4, 2007 lard IflWt� Agoncy Rev, 01-06-06 6 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) On the Park Properties II, LLC (Shareholder list included as Exhibit Subject Property Address(es) 430 NE 18th Street & 1799 NE 4th Avenue Telephone Number 305.350.2409 E-mail Address vqtbilzin.com 2. Street address(es) and legal description(s) 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, if applicable. Street Address 430 NE 18th Street 1799 NE 4th Avenue A. Vicky Garcia -Toledo, Esquire Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day o Esquire, P.A., a corporation. She is personally known to me (Stamp) Sign Legal Description Lots 2 and 3, Block 8, MIRAMAR, according to the plat thereof, as recorded in Plat Book 5, Page 4, Public Records of Miami -Dade Cfaun Florida Owner or orney Signature ,,f)4atft:-•° 2006, by A. Vicky Garcia -Toledo, did not take an oath. MY COMMISSION DD 182609 :r1 EXPIRES: February 4, 2007 Bondecl Thru Prriard Insurance Agoncy Rev. 01-06-06 7 EXIT BIT "B" Shareholder list for On the Park Properties, LI, OWNER Cecile Barker 70.000 Javier Cervera 30.000 OWNER Cecile Barker Javier Cervera EXHII "C" Shareholder list for On the Park Properties II, I, (yo 70.000 30.000 AFFIDAVIT Before me, the undersigned, this day personally appeared A. Vicky Garcia -Toledo, Esquire, P.A., as attorney for owners/applicants, who, being by me first duly sworn, deposes and says: That she is 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 whom she represents, if any, have given her full and complete permission for her to act in her behalf for the change or modification co-' f a classification or regulation of zoning as set out in the foregoing petition, including or 0 not including responses to day to day staff inquires. 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 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. By: A. Vicky Garcia -Toledo, Esquire Attorney for Applicant STATE OF FLORIDA COUNTY OF MIAMI-DADE Applicant Si. ature The foregoing foregoing was acknowledged before me this -- day of 2906, by A. Vicky Garcia -Toledo, Esquire, P.A., a corporation. She is personally known to me and did nottdke an 'Oath. (Stamp) Signature ,ort go' NEMA MY COMMISSION 4 DD 182609 EXPIRES: February 4, 2907 Bonded Thru Pickard Insuranm Agency Rev. 01-06-06 tate of Florida ei art ent of State I certify from the records of this office that ON THE PARK PROPERTIES, LLC is a limited liability company organized under the laws of the State of Florida, filed on December 22, 2003. The document number of this limited liability company is 1,03000055051. I further certify that said corporation has paid all fees due this office throughlDecember 31, 2006, that its most recent annual report was filed on March 9, 2006, and its status is active. I further certify that said limited liability company has not filed Articles of Dissolution. Given under ,ny hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Eleventh day of May, 2006 Secretary of State Authentication ID: 200074456852-051106-L03000055051 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. www.sunbiz.org/auth.html tate of Florida e a t ent of State I certify from the records of this office that ON THE PARK PROPERTIES 11, LLC is a limited liability company organized under the laws of the State of Florida, filed on March 14, 2005. The document number of this limited liability company is L05000025696. I further certify that said corporation has paid all fees due this office through DeceMber 31, 2006, that its most recent annual report was filed on March 9, 2006, and its status is active. I further certif of Dissolution. that said limited liability company has not filed Articles Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Eleventh day of May, 2006 Secretary of State Authentication ID: 300074457003-051106-L05000025696 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed, • 'www.sunbiz.org/auth.htrnl 12/2210Z 11;56 FAI 305116811 Divisio QECO Florida Department of S Division of Corporations Public; Access System Electronic Filing Cover Sheet Oaot Page 1 of 3 Note: Please print this page and use it us a cover sheet. Type the fax audit number (shown below) an the top and bottom of ail pages of the document. (((H0300033 9191 3))) Note: DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so win generate another cover sheet. To: division of Corporations From: AccmzntName AGI REGISTERED AGENTS, Account Number : 120000000205 Phone : ( 305) 4.16-15f100 Fax Number : (305)416-6811 rr: .7c Fax NUmber t (85D)205 -03E13 r-ri -41 t* : INC. LIMITED LIABILITY COMP L.L.C. "Certfate of 0 Certffi22L__ Page Count03 Char_g_e $12 .00 laPPr;opiq'PRog,Wrii4 https://ef le.sunbiz.org/sca-ipts/edlcovr_exe Ci*pprattl, E ding; 1 rn TN) 12/19/2003 12/22%Da 5 8 FAX 30 5411 8(58 11 /DAMS GALLINAR IGLESIAS Oooz H03000339191 3 ARTICLES OF ORGANIZATION OF B.A.D. Ass., L.L.C. The undersigned, for the purpose of forming a limited liability company under the Florida Limited Liability Company Act, F.S. Chapter 60B, hereby makes, acknowledges, and files the following Articles of Organization. ARTICLE I — NAME The name of the limited liability company shall be B.A.D. Ass., L.L.C., a liVriite liability company (the °Company). ARTICLE II — ADDRESS (e) The principal address of the Company shall be 1492 South Miami Avenue, lYliami, Florida 33130. CD M (-1 r"..1 ^NJ (b) The mailing address of the Company shall be c/o 1200 BrIckell Avenue, Suite 900, Miami, Flarida33131. ARTICLE HI -- DURATION The Company shall commence its existence on the date these articles of organization are filed with the Florida Department of State. The Companys existence shall be perpetual unless the company is earlier dissolved as provided in these Articles of Organization. ARTICLE IV — REGISTERED OFFICE AND AGENT The name and street address of the registered agent of the Company in the State of Florida is AGI Registered ents, Inc., 1200 Brickell Avenue, Suite 900, Miami, Florida 33131. ADAMS GAU_INAFt 1200 Percxeu_AveNue • Sum! 900 • Maui, FLORICLA 33131 8,1(3LES1A9 TeLeEmoiir 305A-16.6800 rnoziaeLt 30:IA16.6811 Professional Association Page 1 H03000339191 3 -0 .L.14 12/2;/Q4 FAX 3015416881E ADAMS GALL MAR IGLESIAS 1Jao3 Page 2 of Articles of Organization of H03000339191 3 B.A.D. Ass., L.L.C. ARTICLE V -- CAPITAL CONTRIBUTIONS The members of the company shall contribute to the capital of the Company the cash or property set forth in and described in the Limited Liability Company Operating Agreement on file at the principal office of the Company (the 'Operating Agreemenr). ARTICLE VI — ADDITIONAL CAP TAL CONTRIBUTIONS Each member shall make additional capital contributions to the Company only on the consent of the members as set forth in the Operating Agreement. CLE Vil ADMISSION OF NEW M ERS No additional members shall be admitted to the Company unless done so pursuant to the terms of the Operating Agreement. A member may only transfer his or her interest in the Company as set forth in the Regulations and Operating Agreement of the Company. ARTICLE VIII — MANAGEMENT The Company shall be managed by a manager or managers in accordance with, the Articles of Organization, the Operating Agreement, the Regulations adopted by the.: members for the management of the business and the ordinary and customary affairs the Company. The Regulations and the Operating Agreement, if any, shall determine the-7 r— manner In which such the Manager(s) are elected and appointed, and may contain anP-L- provisions for the regulation and management of the affairs of the company not2—. inconsistent with the law or these Articles of Organization. The name and address of the' Initial Manager of the Company Is: Javier Cervera 1492 South Miami Avenue Miami, FL 33130 ARTICLE [X — TERMINATION OF EXISTENCE The Company shall be dissolved on the death, bankruptcy, or dissolution of a member or manager, or on the occurrence of any other event that terminates the continued membership of a member In the Company, unless the business of the company is continued by the consent of all the remaining members. ADAMS GALLNAR 1200 ESRIQKiw_ Avenue • Sufl 900 IVi.tAkil, RORIDA 33131 &IGLF_SIAS TELEPHONE 306.4t5.6900 • FAeSlUltz3(15A10.8811 Professional As-sodation Page 2 H03000339191 3 Articles of Organization at Miami, Honda, on this day of o A. ig esi cl• 12/22/43 Fla Z0541603811 ADAMS GALL INA.R GLES IA S • Page 3 of Articles of Organization of B.A.D. Ass., LL.C. 121 0 4 1103000339191 3 ARTICLE X INDEMNIFI ATION The Company shall indemnify each Member. Manager and Organizer of the Company against any and all liability and expenses incurred by him in connection with or arising out of any action, suit or proceeding in which he may be involved, by reason of his being or having been a Member, Manager and/or Organizer of the Company to the full extent permitted by the laws of the State of Florida. IN WITNESS WHEREOF, the undersigned,Orade andsubscribed these reot4e2003. Authorized Representative ACKNOWLEDGMENT OF APPOINTMENT BY REGISTERED AGENT Having been named the registered agent for the above corporation at the place designated in the foregoing Articles of Organization, I hereby accept the same and agree to. act In this capacity, and agree to comply with the provisions of Florida law relative to , keeping the registered office open. ML7P6 088.00C AGI REGISTERED AGENTS, INC. ADAMS GALLNAR 1 zoo Mxir,em AVENUli • surrE Soo•MLAMI, FLORKII 33131 & IGLESTAS TELEPKONE 30-5.418.6800 FAC-SimiusL 103,418.6811 Professional ,Aseoclation Page 3 H03000339191 3 r+) 03/14/06 10:21 FAX 3064166811 Division of Corporiation5 ADAXS GALLINAR IGLESIAS Division of Corporations Public Access System Electronic Filing Cover Sheet Note: Please Print this page and use it as a cover sheet. Type the fax audit manber.(shown below) on the top and bottom of all pages of tbe document. (((H05000062649 3))) Note: DO NOT hit the REFRESH/RELOAD button on your browses from this page. Doing so will generate another cover sheet. To: Division of Corporations Fax WIAMtAii ; (850)2°6-0383 From: ACCoUnt Name AGI REGISnRED AGENTS, INC. Account Number : I20000000205 Phone : (305)416-6800 Fax Number (305)416-6811 LIMITED LIABILITY COMPANY On The Park Properties 11, LLC WLIMPICt FfillnitOM CAFID,PF24-r riPtb REM ig". -4PS-51%si ki,V4 %0X0 owl 41.0, 1 of i 3ii 0:15 AM 03/14/Q5 LQ:21 FAX 3054166811 ADAMS GALLINAR IGLESIAS ARTICLES OF ORGANIZATION OF On The Park Properties II, LLC U3002 H05000062649 3 The undersigned, for the purpose of forming a limited liability company under the Florida Limited Liability Company Act, F.S. Chapter 608, hereby make, acknowledge, and file the following Articles of Organization. ARTICLE I — NAME The name of the limited Nal:ditty company shall be On The Park Properties II, LLC, a limited liability company (the "Company). ARTICLE -- ADDRESS (a) The principal address of the Company shall be 1492 South Mi Avenue, Miami, Florida, 33130, (b) The mailing address of the Company shall be c/o 1200 BrIckell Avenue, Suite 900, Miami, Florida 33131. ARTICLE III — DURATION The Company shall commence its existence on the date these articles of organization are filed with the Florida Department of State. The Company's F*ten shall be perpetual unless the company is earlier dissolved as provided in theis-4ArtICOs of Organization. 7,0 ARTICLE iv - REGISTrRED OFFICE_AND AGENT The n Elmo and street address of tho registered agent of the Company irrtK; State of Florida is Al Registered Agents, Inc.., 1200 Bricked Avenue, Suite 906ia Florida 33131. ADAMS GALLINAR 1200 SaiCKELLAvENuE *Son WO* Mtm, Rogow 33131 & CBLENLAS TaxpFoNE 305A16.6800 FAC61111.E 303.413,6311 Professional As sociatiOn 1105000062649 3 03/14/06 10:22 FAX 3064166811 ADAMS CALLINAR IGLESIAS 003 Page 2 of Articles of Organization of On The Park Properties 1I, LLC ARTICLE V — CAPITAL CONTRIBUTIONS RO5D0006Z649 3 The members of the company shall contribute to the capital of the Company the cash or property set forth in and described in the Limited Liability Company Operating Agreement on file at the principal office of the Company (the "Operating Agreement"). ARTICLE VI - AD©MONAL CAPITAL CONTRIBUTIONS Each member shall make additional capital contributions to the Company only on the consent of the members as set forth in the Operating Agreement. ARTICLE VII — ADMISSION OF NEW MEMBERS No additional members shall be admitted to the Company unless done so pursuant to the terms of the Operating Agreement. A member may only transfer his or her interest in the Company as set forth in the Regulations and Operating Agreement of the Company. ARTICLE VIII ANAC3EMENT The Company shall be managed by a manager or managers in accordance with the Articles of Organization, the Operating Agreement, the Regulations adopted by the members for the management of the business and the ordinary and customary affairs of the Company. The Regulations and the Operating Agreement, if any. shall determine the manner in which such the Manager(s) are elected and appointed, and may contain any provisions for the regulation and management of the affairs of the company not inconsistent with the law or these Articles of Organization. The name and address of the initial Manager of the Company Is: Javier Csrvara 1492 South Miami Avenue Miami, Florida 33130 ARTICLE iX — TERMINATION OF EXISTENCE , r The Company shall be dissolved on the death, bankruptcy, or dissolution'fra member or manager, or on the occurrence of any other event that terminates thy;`, continued membership of a member in the Company, unless the business of the company is continued by the consent of all the remaining members. °. ADAMS C3AU.9 LAR 1200 BR [CAUL Aveu , • SurrE 000 " Num. F LO WDA 33131 & IGLESIAS TELEPHONE 306.416.13800 • Mc61Mtx 306.416.6411 Prpfou1orol A4socJatlan H05000062649 3 03/14/05 10:22 FAX 3064166811 ADAMS GALLINAR IGLESIAS 21004 Page ,31 of Article° of Ovanization of On The Park Properties II, LLC 1105000062649 3 ARTICLE X — INDEMNIFICATION The Company shall indemnify each Member, Manager and Organizer of the Company against any and all liability and expenses incurred by him in connection with or arising out of any action, suit or proceeding in which he may be involved, by reason of his being or having been a Member, Manager and/or Organizer of the Company to the full extent permitted by the laws of the State of Florida. IN WITNESS WHEREOF, the undersigned has made and subscribed these Articles of Organization at Miami, Florida, on this 14 day of March, 2005. y Mario ljosias, q_ as Authorized Representative ACKNQWLKDGMENT OF APPOINTMENT BY REGISTERED AGENT Having been named the registered agent for the above corporation at the place designated in the foregoing Articles of Organization, I hereby accept the same and agree to act in this capacity, and agree to comply with the provisions of Florida law relative to keeping the registered office open. MU 03 &DOC A EGI ED AGENTS, INC. glesias. President ADAMS GALUNAR 1200 Sarieice_L AVENUE • SurrE 900 • MiAmt, FLORIDA 33131 & IGLESIAS TELErnioNE 305.415.13B0D • FACSIMILE 305.4141.0811 Prufessionel Assoelatioa 1105000062649 3 D /28/04 17:O& FAX. fJZ4j011 ,MS 4 ida Department of State Division of Corporations Public Access System Electronic Filing Cover Sheet V/J001 Note: Please print this page and use it 115 a cover sheet. Type the fax auIit number (shown below) on the bop and bottom of all pages of the document (((I-104000135712 3))) Note: DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so will gene:late another cover sheet, iyisipnat Corporation/3 Fax Number : (B50)205-0363 From:* Account Name ; AqI REGISTERED AZtNTS, INC. Account Number ; 120000000205 (305)416-6800 Fax Number : (305)416-6811 LIA_13ILITY AMENDMENT B.A.D. ASS., L.L.C. Division of Corporations c=, 11;4444Rs9A041§0 Page I of 1 06/29/O4 17:08 FAX 3054188811 ADAMS GALLINAR IGLESIAS • ARTICLES OF AMENDMENT TO ABTICLES OF ORGANIZATION H.A.D. Ass., L.L.C., a Florida Limited liability company e oa. H04000135712 3 The undersigned, being the Manager of BA.D. Ass., L.L.C., a Florida limited liabiIity company (the "Company`), the Articles of Organization for which were filed December 22, 2003, hereby certifies that effective as of June 29, 2004 the Articles of Organization of the Company are modified and amended by these Articles of Amendment (the "Amendment") as follows: 1. Article 1 is modified to provide that the name of the Company is ON THE PARK PROPERTIES, LLC 2. In all other regards, all of the articles, terms and conditions of the Articles of Organization of the Company not modified by this Amendment are hereby ratified and confirmed and shall remain in full force and effect. In the event of a conflict between the articles, terrns and conditions of this Amendment and the Articles of Organization of the Company, the terms of this Amendment shall control. This Amendment shall be binding upon all of the Members and the Manager of the Company and their respective legal representatives, heirs, successors and assigns. 3. The foregoing Amendment was approved by a majority of the Members of the Company on June 29, 2004. IN WITNESS WHEREOF. the undersigned, bein» the sole member and the managing member of th Company, hasunto set hands and affixed the Company's seal this c `day of sJ 1 2004. Jnvirvera, Mena -npany Seal] MDP6907.DOG H04000135712 3 0 WRITTEN CONSENT TO RESOLUTIONS .AGER OF ON The undersigned, being the sole manager ("Waage) of ON THE PARK PROPEIZTIES, LLC a Florida limited liability company (the "Comnarin, dee, hereby consent, pursuant to Florida Statutes Section 608.4231, to the adoption of, and does hereby adopt, the following preamble, resolutions and the actions specified herein: WHEREAS, Bilzin Sum Bwn Prim & Axelrod LLP, through its partner, A. "Vicky Garcia -Toledo, Esquire PA, ("Counsel") will be handling, ors behalf of the Compaey, certain documents and appliertiorts, including, but not limited to: (i) a public hearing application fur an amendment to the Miami Comprehensive Neighborhood Plan, (ii) a public hearing application for an amendment to the Zoning Atlas id/or Overlay Mulct, and (iii) an application for a *or IOC special permit (collectively, the "ApoliCg21111") with the City of Miami, tmdfor ether gcrvemmental authorities, pertaining to the zoning, land use and platting issues of those certain properties located at (i) 1770 N. 13ayshore Drive, Miami, Florida 33130, and (ii) 1778 N. Bayshore Drive, Miami, Florida 33130, and more particularly described ou Exhibit "A" attached hereto; NOW, THEREFORE, BE n RESOLVED, that the Company herby authcaizes, directs and empower its Counsel to apply for, modify, execute and deliver the Applications and any and all documents required in connixtion with said Applications, oo behalf of the Company-, RESOLVED, that Javier Cervera, hi his caper.* as manager of the Company, be and he hereby is, authorized, empowered and directed to take all such further actions and to execute and deliver all such further agrocenerin, instruments and other doe -tin -ems in the name and on behalf of the Company, that be, in his sole discretion, shall deem to be ncoessary, proper or advisable in order to fully carry out the intent and accomplish the purpose of the foregoing iv -solution and the Inassactions contemplated thereby; FURTHER RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolutions in the name and on behalf of the Company, be, and it hereby is authorized and empowered to bc deemed conclusive proof of the approval thereof by the Manager of the Company; and FURTHER RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authortz' ed herein that were performed prior to the passage of these resolutions be, and they hereby are, approved, ratified and confirmed in all respects. a Exhibit "A" 1 Dtactiptisna Lot 3, Block 8, MIRAMAR, according to the plat thereof, as recorded in Plat Book 5, Pago 4, Public Records of Miarni-Dade County, Florida. and Lot 4, Block 8, MIRAMAR, accordin. g to the plat thereof, as recorded in Plat Book 5, Page 4, Public Records of tefiarni-Dade County. Florida. WRITTEN CONSENT TO RESOLUTIONS OF THE MANAGER OF The undersigned, being the sole manager ("Managga") of ON THE PARK PROPERTIES IL LLC s Florida. limited liability company (the "Corapanv"), does hereby consetn, pursuant to Florida Stalmeas Section 608.4231, to the adoption of, and does hereby adopt, the following preamble, resolutions and the sedans specified herein: WHEREAS, Bilzin Sum.. Baena Price & Axelrod LLP, through its partner, A. Vicky Ciarcia-Toledo, Esquire P.A., CCoinval") wfll be handling, on behalf of the Company, certain documents and applications, including, but tto4, limited to: (i) a public hearing application fiar an amendment to the Miami Comprehensive Neighborhood Plan, CO a public hearing application for an amendment to the Zoning Ades and/or Overlay District, mid (iii) an application for a major use special permit (collectively, the "Application.s") with the City of Miami, aid/or other governmental authorities, pertaining to the zoning, land use and platting issues of those certain properties located at (i) 430 N.E. 18 Street, Miami, Florida 33131, and (ii) 1799 N.E. 41' Avenue, hfierni, Florida 33131, and more particularly described on Exhibit "A" attached hereto; NOW, THEREFOR. BE IT RESOLVED, that the Company hereby authorizes, directs and empowers its Comae-1 to apply for, modify, execute and deliver the Applications and any and all documents required in connection with said Applications, on behalf of the Company; RESOLVED, that Javier Cervera, in his capacity as manager of the Company, be and lie hereby is, authorized, empowered and directed to take all such further actions and to execute and deliver all such further agreements, instrument and othet documents in the tune and on behalf of the Company, that he, in his sole discretion, shall deem to be necessary, proper or advisable in order to fully carry out the intent and accomplish the purpose of the foregoing resolution and the tranaactions contemplated thereby; FURTHER RLSOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing iesohrtions in the BMX and on behalf of the Company, be, and it hereby is authorized and empowered to be deemed conclusive proof of the approval thereof by the Manager of the ConPane; and FURTHER itEsotvED, that the authorities hereby conferred shall be rkerned retroactive, and any and all acts authorized herein that were performed prior to The passage of that resolutions be, and they hereby are, approved, ratified and confirmed in all respect. IN WITNESS WEIRREOF, the undersigned has d this Written Consent in order to give his consent berm) as of the day alum, 2006. JA Exhibit "A" 1 Deuription Lots 2 and 3, Block 8, MDVLMAR, according to the plat thereat as recorded in Plat Book 5, Page 4, Public Records of Kami-Dade County, Florida. 111111111111111111111111111111111111111111111 Prepared by: Maria C. Arriola Velez MARIA C. ARRIOLA VELEZ, P.A. 35 Almeria Avenue Coral Gables, FL 33134 Folio No: 1799 NE 41' Avenue, Miami, FL (01-3231-003-0630) 430 NE 18Street, Miami, FL (01-3231-003-0620) Cf=t4 2005R0307153 DR Bk 23214 P9 4670; tips; RECORDED 03/29/2005 15:41:57 DEED DOC TAX 21,000.00 SURTAX 15,750.00 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE WARRANTY DEED (STATUTORY FORM - SECTION 589.02, F.S. THIS INDENTURE, made this / 64— day of March, 2005, between JOSE M. CALDERON, a single man, whose post office address is 7930 NW 167th Terrace, Miami Lakes, FL 33016-3424, Grantor, and ON THE PARK PROPERTIES II, LLC., a Florida Limited Liability Company, whose post office address is 1200 Brickell Avenue, Suite 900, Miami, FL 33131, Grantee: WITNESSETH that the Grantor, for and in consideration of the sum of Ten and No/100 US Dollars($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the Grantee, and Grantees' heirs and assigns forever, the following -described land, situate, lying and being in Miami - Dade County, Florida, to wit: Lots 2 and 3, Block 8, MIRAMAR, according to the Plat thereof, as recorded In Plat Book 5, Page 4, Public Records of Miami -Dade County, Florida. The subject property is not the homestead of the Grantor. Subject to: (1) conditions, restrictions, limitations and easements of record, which are not reimposed hereby; (2) real property taxes for years subsequent to December 31, 2004; (3) zoning and municipal ordinances and matters of Plat and those common to the subdivision. To have and to hold the same in fee simple forever. And Grantor does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above written. ,e (ez STATE OF FLORIDA :ss COUNTY OF MIAMI-DADE The above instrument was acknowledged before me this JOSE M. CALDERON, who is personally known to me. My Commission Expires: NOTARY PUBL , tete of FI day of March, 2005, by r---ciatmEN7.---uour•zo. COW/ COMM! LOSS 1'210008 Swami ft. 0001432-4254 N.WY A.W., tr. Book23214/Page4670 CFN#20050307153 Page 1 of 1 illY111111111111111111111411111111111111 CFN 2004R0498087 DR BK 2 41 Pgs 2005 - 2006; ( ps) RECORDED 06/21/2004 15:01:49 HARVEY RUVIHr CLERK OF COURTr MIAMI-DADE COUNTYr FLORIDA DEED TAX 23,400.00 SURTAX 17,550.00 This instrummt prepared by and return to: Nicolas Fernandez, Esq. NICOLAS FERNANDEZ, P.A. Le lean e Centre 780 N.W. Le Rune Road, Suite 324 Miami, Florida 33126 Grantee's Tax 1.D. No.: Property Appraiser's Parcel Identification No.: 01-3231-0030640 STATUTORY WARRANTY DEED 1 L zr , , THIS INDENTURE, made thisi 0 --day of --....1 V/.V1 'C— , 20 tween Baywatch Apartments, Inc., a Florida corporation, se post office address is12763 S.W. 280 Street, Miami, Florida 33032, hereinafter called the grantor, and B.A.D. Ass., L.L.C., a Florida limited liability company whose post office address is 1492 So Miami Avenue, Miami, Florida 33130, hereinafter called the grantee. WITNESSETH: THAT the grantor, for and in consideration of the sum o f TEN AND 00/100 rX)L.LARS ($10.00) and other valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, grants, bargains, sells, aliens, remises, releases, conveys and confirm unto the said grantee, its successors and assigns forever, all that certain land situate in Miami -Dade County, Florida, legally described as follows: Lot 4, in Block 8, of MIRAMAR, according to the Plat thereof, as recorded in Plat Book 5, at Page 4, of the Public Records of Miami -Dade County, Florida. SUBJECT TO conditions, restrictions, easements, limitations and zoning ordinances ofrecord and common to the subdivision, if any, not intending 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 the grantor hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the grantor has hereto set grantor's hand and seal the day and year first above writ Signed, sealed nd delivered in our prese e: Baywatch Aparunents, Inc., a Florida acorporation A A. nl Print Name: By: 7-- - (CORPORATE SEAL) Book22412/Page2005 CFN#20040498087 ( Page 1 of 2 BOOK 22412 PAGE 2006 LAST PAGE STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing ins by Jesus V. Suarez, as P the corporation, who ) SS: sident of Baywatc are personally as id t NO ARY PU Print Name: Comrnissio Number: NOTARY SEAL My Commission Expires: fore me this e ts, Inc., a Florida cotporation, on behalf of or who has produced ho did take •ath. Fm1th72cos 4_ commission worms Book22412/Page2006 CFN#20040498087 Page 2 of 2 " IR,CT a *0 I 6,4 A C I PARK PARK CITY CEMETERY • ChM ttrort,X Tthift.lt SAtL PAPI 1.4 19 our work.m CENTER inct.rrtuoik. PARK .16.2