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Home My WebLink AboutExhibit AThis instrument prepared by and after recording return to: Name: Adrienne Friesner Pardo, Esquire Address: Greenberg Traurig, P.A, 1221 Brickell Avenue Miami, Florida 33131 (Space Reserved for Clerk of the Court) SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS This Second Amendment to Declaration of Restrictions ("Amendment") is made this f day of November, 2008 by STATVEL THREE, LLC, a Florida limited liability company ("Owner") . RECITALS: A. Owner is the fee simple title holder to the land located in City of Miami, Miami - Dade County, Florida described in Exhibit "A" attached hereto and by this reference made a part hereof ("Property"); and B. Morris Investment Partnership, LLLP, a Florida limited liability limited partnership, the prior fee owner of the Property, executed that certain Declaration of Restrictions ("Declaration") recorded December 20, 2004 in Official Records Book 22923, at Page 3035 of the Public Records of Miami -Dade County, Florida, which Declaration affects the Property; and C. Owner executed that certain Amendment to Declaration of Restrictions on October 23, 2007 which was approved by the City Commission per Resolution No. 07-0655 on November 9, 2007 ("First Amended Declaration"); and C. Owner desires to modify and amend the Declaration and the First Amended Declaration as hereinafter provided. NOW, THEREFORE, Owner hereby modifies and amends the Declaration as follows: 1. The plans referenced in paragraph II of the Declaration shall be amended to refer to those certain plans prepared by Behar Font & Partners, P.A., dated October 31, 2008. Consequently, paragraph II of the Declaration is modified to read in total as follows: "Notwithstanding the land use and zoning applicable to the Property, the use of the Property shall be limited as follows: That the Property shall be developed in accordance with those certain plans prepared by Behar Font & Partners, P.A., dated October 31, 2008, on file at the City of Miami Office of Hearing Boards, and expressly made part of this Declaration by MIA 179, 774, 474v2 10-30-08 1 reference subject as if they were recited in full herein only to any changes required by the Planning and Zoning Department and/or building permit requirements." 2. Except as amended hereby, the terms and provisions of the Declaration shall remain unmodified and in full force and effect. EXECUTED this ri day of November, 2008. Signed, sealed and delivered in the presence OWNER: of: STATVEL THRE LLC, a Florida limited liability co ;' pan By: Nam Titi- P STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this I day of November, 2008, by t'dltam k Ii as of STATVEL THREE, LLC, a Florida limited liability company, on behalf of said company. He personally appeared before me, is personally known to me or produced as identification. Name: rkatikber/ Notary Public, State of Florida Commission No. .ZALEZ Notary P,i,,,, •State of Florida . My Commission Expires Sep 17, 2010 Commission # DD 553129 Bonded By National Notary Assn, MIA 179,774,474v2 10-30-08 2 EXHIBIT "A" LEGAL. DESCRIPTION: 4.• ;.: GDk..47 _ ;: 49r.:5Q.,:.s52•::. ,argil.-.,W :fin::Bute =6, of Amended Plot of loam; Suburban Acres, occo d t t t :`� oecord�'ng to the 'plot thereof as recorded in Plat-liCiok 4, Page 73, of the Public Records of Miami --Dade County, f•iorida. LESS the North 10 feet of Lots 43, 44. 45 and 46; AND LESS that portion of Lots 46, 47, 48. 49 and 50, lyinrngg within 35 feet of the censer line of S.W. 37th Avenue, a k/c Douglas Rood, cc shown in Stele Rood Deportrtrent Map,recorded in Plot book 76. Page 25. of the Public Records of Miorni—Dade County. Florida, being more fully described es follows: A portion of Lots 43. 44, 45, 46. 47, 46, 49. 50, 52, 53 and 54, in Block 6, of Amended Plot of Miami Suburban Acres. according to the plat thereof as recorded , in' Plat book 4. Page 73. of the Public Records of Miami —Dade County. Florida being more particuloriy described as follow Begin at the Southeast corner of sale Lot 54 in Block 6; thence Nurth 00'05'39" West along the East line of said Lots 54 and 43 for 283.12 legit to a point on a h oc being 10.00 feet South 'of, as measured at right angles to. the North line of sold Lots 43. 44, 45 and 46: thence South 89'59'48" West along said, line being. 10.00 feet South of the North line for 264.51 feet to a point on a line being 35.00 feet oast of, os measured at right angles to the center line of S.W. 37th Avenue, as it now exists; thence South 00- 2'20' East along said ;one being 35,00 feet east of said center line for 233.11 feat Lu u point on the South line of said Lot 50; thence North 89'59'43- Gast along said.Sauth line for 114.10 feet to the Sout ensl corner of said t.at 50; thence South' 00'06'32" Cost far 55.02 feet to the Southwest corner of said Lot 52; thence North 89'59'43" Dos', along the South line of said Lots 52, 53 met 54 for 14R.94 feet tc the Pant of Beginning. Said lands lying and being in Miami —Dade County,. Florida and r.nntninin9 fi i,057 square feet or 1.585 acres. • BEHAR'fONI PARTNERS, P.A. ARCHITECTURE P LAN N I N G INTERIORS 4533 Ponce de Leon, Blvd. Coral Gables, FL 33146 Tel.: 305.740.5442 fax 305.740.5443 E-Mail: infoQbeharfont.com Certification No. AA2451 November 18, 2008 Mr. Francisco Gonzalez City of Miami Zoning Department 444 SW 2nd Ave, 4th Floor Miami, Fl 33130 RE: The Andalusian 2263 SW 37th Ave Miami, Fl 33145 Dear Mr. Gonzalez, Please accept this letter as a formal letter of intent for the above referenced project. This property is currently occupied by a one-story retail establishment, which will then be demolished in order to accommodate the new project. The proposed project is an as of right development primarily designed as a Hotel & Residential complex. It is composed of one (1) Residential building and one (1) Hotel building responding to the C-1 & SD-19 overlay district. The primary focus of the project is the urban plaza located on the intersection of 37th avenue and 22t' 1 terrace. The public plaza is straddled by the two buildings on adjacent sides. The Residential building is comprised of a small retail space at the ground floor facing the Plaza and 116 residential units on the remaining floors for a total of 16 floors. The Hotel building is comprised of a large lobby/common area on the ground floor also facing the Plaza and 151 lodging units on the remaining floors for a total of 14 floors. Both buildings are adjacent to the parking structure, which contains all of the loading & back of house functions, as well as 282 parking spaces. We are certain that this project will be in keeping with the design intent of the C-1 & SD-19 overlay district, further enhancing this neighborhood and becoming an asset to the City of Miami. Thank you in advance for your support. If you require any additional information, please do not hesitate to contact me. 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