HomeMy WebLinkAboutPZAB Application & Supporting DocsVACATION AND CLOSURE APPLICATION
HEARING BOARDS geCtived
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030 5' b0
www.miamigov.com/hearincLboardsf
Welcome to the City of Miami! This application is intended to serve as a guide in assisting you
with our public hearing process. Please feel free to contact us, should you have any questions.
The deadline to file the complete application with supporting documents is the last five working
days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm.
The application submittal date is the date stamped by Hearing Boards' staff on this page.
The responses to this application must be typed and signed in black ink. 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. Should you wish, you
could bring the materials to our office for review before the deadline to ensure completeness.
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. All documents, reports, studies, exhibits (8Y2x11") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
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.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
VACA:1TIONLAN D CLOSURE APPLICATION
o Chapter 55'of the, Miami City Code for Vacation and Closure information.
esign Associates(Del)LLC, Miami Avenue (Del) LLC and Dacra Miami
t
2. Two (2)r`copies-of the Tentative"Plat Ohe (1) 24x36" and one (1) 8%2 x11" prepared by a State of
Florida registered d lansurveyor: By; J.Bonfill & Associates, Inc.
'2
Two '(2.) original sketch of surveys: One (1) 24x36" and one (1) 8%2x11 ", prepared by a State of
Florida Registered Land Surveyor`showing only the area to be vacated or closed and the pertinent
egal`descnption-`of'tfie area, -within ,one year from the date of application. By: J.Bonfill & Associates,
4. Two (2) 11x17" original and one (1) 8%2x11 copy of the survey of the property prepared by a State
of Florida registered land surveyor within six (6) months from the date of the application. By:
J.Bonfill & Associates, Inc.
5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than
three (3) months elapse before Zoning Board or City Commission approval.
6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation.
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description. By: J.Bonfill &
Associates, Inc.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. See
Attached.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property. Lobbyist (See attached)
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
no., nz'n11
VAC/TIONAND CLOSURE APPLICATION
Corporate ,Resblutiori or a Power of Attorney signed by the secretary of the Corporation
authorizing `the person who signed the application to do so;
Non-profit organizations. A list<of Board of Directors less than one (1) year old. (See Attached)
e'rtified ";list o
Associates, Inc.
Original Disclosure of'Considefation
Objection Affidavit
e `within 500 feet of the subject property. By: J.Bonfill &
rovided or Committed for Agreement to Support or Withhold
The subject property(ies) cannot liave any open code enforcement/lien violations.
16 What is the_acreage of the_ project/property site? 121,861 SQFT or 2.79 Acres (+/-)
17. What is the purpose of -this application/nature of proposed use? Close, Vacate and Abandon
from public usethat portion of N.E. 1st Court, between N.E. 38th Street and N.E. 39th Street
18. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning Department on the 3rd Floor for information. No
19. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning Department on the 3rd Floor for information. No
20. Cost of processing according to Section 62-156 of the Miami City Code*:
Vacation of public right-of-way:
a. Original submittal:
1. Per square foot of right-of-way
2. Minimum
b. Re -submittals:
1. Per square foot of right-of-way
2. Minimum
31.M,,��aximum
McCROR�r��,
*Pursuant to
the form of
Signature
Name
$ .90
$ 1,200.00
$ .90
$ 1,200.00
$ 1,700.00
$ 3.50
19, all planning and zoning fees in excess of $25, 000.00, shall be paid in
k, cashier's check, or money order. 3� �I alp V�IN
()�
Address A
j:4&Jil 43 mail notice fees, including cost of handling
Telephone 305 S 3 I —POD
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this (3,9-0N, day of /Y19tu+
20 t , by 3-rE i b -1G-,TriN) ' NJ
a(n) individual/partne gen orporation of -a(-n)
-itrdi ' He/S+reCtuersonally kno n to me who has produced
did (did not) taker o-th.
(Stamp)
•
NIKI ALM0D0VAR
=oi 0 MY COMMISSION #DD919077
EXPIRES: AUG 23, 2013
�'�`0FBonded through 1st State InStitallCe
Si nature
1Y11 1 ,fL 3313 J
E-mail Vtd s/V1
who is
17 0., !12 '7111 1
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I1g of
March 9, 2011
Miami Ave (DEL) LLC
David Holtzman•
3841 NE 2 Avenue, #400
Miami, FI 33137
PALM WAY SUBDIVISION — TENTATIVE PLAT #1773
Located along the west side of NE 2 Avenue between NE 38 Street and NE 39 Street
Ladies and Gentleman:
TONY E. CRAPP, JR. ,
City Manager
The City of Miami Plat and Street Committee, at its meeting of March 3, 2011, approved the above
tentative plat subject to the following revisions being made to the tentative plat, additional
information being provided and / or variances being granted. Please be advised that the processing
of your tentative plat cannot proceed until these conditions have been satisfied:
1. Location Sketch
a. Show zoning designations and zoning district lines.
b. Label the subdivision names, and Plat Book and Page numbers of the adjacent plats
(where applicable), and the major roads.
c. Under the fractional description add "CITY OF MIAMI, MIAMI-DADE COUNTY, FL."
2. On the application, provide item #3, and verify if item #9 is correct.
3. Under the title block, it is preferred that the addresses listed and "for MIAMI AVE (DEL) LLC"
be moved to the plat notes, and provide a general legal description beginning with "A
REPLAT OF PORTIONS OF...", and-include"CITY—OF—MIAMI".
4. Correct the Legal Description as needed. See the City of Miami Public Works Survey
Section.
5. Provide the underlying lot dimensions.
6. Provide a Certified Corner Record.
7. Provide a bearing and distance for all the center lines and monument lines along the face of
the proposed plat, and to the nearest street intersections (NE 1 Ave, NE 1 Ct, NE 2 Ave and
NE 38 St.).
8. Show a comparison between the recorded distances and field measured distances when
they vary.
9. Correct the width on NE 1 Court to 25 feet.
10. Check the mathematical closure of the proposed plat boundary, and the total area (include
undedicated area).
11. Specify the location (N,S,E,W, encroachment or clear) of the structures in relation to the
property lines.
12. Specify whether the existing structures are to remain or to be removed.
13. Expand the statement "AN EXPRESSED PURPOSE OF THIS PLAT IS TO CLOSE,
VACATE AND ABANDON FROM PUBLIC USE THAT PORTION OF THE ROAD LYING
WITHIN THE LIMITS OF THIS PLAT".
14. Label Tracts A, B & C as PROPOSED.
15. Clarify if the Elevations are on CITY OF MIAMI DATUM. Also note the Benchmarks used
elevation conversion, and their reference datum as N.G.V.D. 1929.
16. Provide Right of Way Dedication documentation on NE 2 Ave., and on NE 38 St. if not
dedicated, include as part of the proposed Plat.
17. Include in the proposed Plat boundary the East portion of Lots1, 2, and 3, Block 2, Plat Book
6, Page 105.
DEPARTMENT OF PUBLIC WORKS
444 S.W. 2nd Avenue / Miami, Florida 3313D / (305) 416-1200 / Fax: (305) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
18. Provide owners name and address on the tentative plat.
19. If the existing building located on proposed Tract "C" is to remain, provide a fetter from the
Supervisor of Plats approving an adjustment to post pone the dedication of a 25 foot corner
radius on the southwest corner of the intersection of NE 2 Avenue and NE 39 Street.
20. Provide a complete tree survey and table including common and botanical names, height,
diameter and spread.
21. Existing utilities in the street to be closed and vacated must be relocated or easements must
be provided.
22. An opinion of title as to the reversionary rights for the right of way to be closed and vacated
will be required by the Planning, Zoning and Appeals Board (PZAB). The opinion of title
must also address whether or not there are individuals, in addition to the abutting property
owners, having an interest in the right of way to be closed and vacated. A copy of the
opinion of title must be provided to the Public Works Department.
23. The PZAB will require a sketch and legal description With a square footage, on an 8 1/2" x 11"
paper, for the proposed closure. Contact the Office of Hearing Boards, at 305.416.2030.
Provide a copy to the Public Works Department.
24. On the main sketch, add the note that the right of way is to be dosed and vacated by this
plat and include the area in square feet and acres. Also, for any right of way to be dedicated
by this plat, provide the area in square feet and acres.
25. Provide the zoning information in accordance with Miami 21. Show the correct zoning
information of the property surrounding the proposed tentative plat in the location sketch and
in the Surveyor's notes.
26. Label the City of Miami zoned right of way line.
27. Show existing underground utilities on main sketch, including storm water drainage facilities.
28. If there are building encroachments onto adjacent private property, an encroachment
easement must be provided.
29.. A letter from Comcast is required to determine if any adjustments to their facilities or
easements are required.
30—Verifywith-Miami-Dade-County-that the -proposed -plat -name -is -acceptable.
31. All encroachments across proposed tracts and/or lot lines, not included in the above
comment, must be removed prior to final plat submittal.
32. An Opinion of Title, in the City. of Miami Opinion of Title form must be provided at the time of
the final plat submittal.
33. Current backup documentation will be required for all who execute the final plat. A resolution
for authority to execute documents and a Certificate of Good Standing from the Secretary of
State is required, if applicable.
34. Tentative plat application must be made with Miami -Dade County after receiving approval
from the City of Miami Plat and Street Committee.
35. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It
is the owner's responsibility to work with his surveyor and his attorney to assure that
everything is in order before submitting the final plat package.
36. Be advised that if all the requirements for scheduling the final plat for City Commission action
are not in order, the final plat will not be scheduled for a City Commission meeting.
37. A letter of concurrency from the Miami -Dade County School Board is required prior to the
final plat approval(see contact sheet)
38. The Plat and Street Committee has reviewed the tentative plat of Palm Way Subdivision and
determined that all technical requirements contained in the Miami City Code Subdivision
Regulations have been met and has approved the tentative plat. The members of the Plat
and Street Committee have further considered the request for vacation and closure of the
• street with respect to Miami City Code requirements and have voted 0 in favor and 9 in
denial of this vacation and closure request.
In addition to the above requirements, you should be aware of the following:
1. State and local laws require the installation of various physical improvements in the
public rights -of -way when property is platted. These subdivision improvements include
paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a
substantial investment on your part. OPTION: The submission of an electronic copy of
the tentative plat, in an AutoCAD version, to the City of Miami Public Works
Development and Roadway Plans Section will EXPEDITE the preparation and enhance
the ACCURACY of the subdivision improvement estimate letter required for the final plat
approval.
2. The alteration, relocation or installation of utilities such as storm and sanitary sewers,
electric, telephone, water, etc., caused by this plat will be at the property owner's
expense. Also, utility easements may be required on the property being platted.
3. A building permit will not be issued on the property being platted until the final plat is
recorded or as authorized by City of Miami Code Section 55-10(h). Also, the Certificate
of Occupancy for any building construction will be issued only after all the required
subdivision improvements have been completed.
4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department
prior to the issuance of a building permit.
5. Additional items must be provided to the City of Miami Department of Public Works
before the final plat is submitted to the City Commission for approval. You will be notified
in writing as to what these items are after the amount of the bond has been determined
for the necessary subdivision improvements.
6. Tentative plat approval is only valid for one (1) year and (6) six months from the date of
the Plat and Street Committee meeting at which time it was approved.
I.f_y_o.u-have.any_q.uestions concerning these -requirements, please refer -to -the -attached -sheet for -the
appropriate person to contact.
Sincerely,
eribe (Zerry) ihekwaba, Ph. D, P.E.
Director of Public Works
NI/ LJH/ms
Enclosure: Contact Sheet
c: J. Bonfill & Associates
9360 SW 72 Street, Suite 265
Miami, FI 33173
Plat and Street Committee Members
Surveys
Development and Roadway Plans
Central
Dacra
Dacra
Miami Design District
3841 NE 2nd Avenue, Suite 400
Miami, FL 33137
t 305 531 8700
f 305 531 6102
dacra.com
Opinion of Title
To: CITY OF MIAMI, a municipal corporation
With the understanding that this Opinion of Title furnished to CITY OF MIAMI, FLORIDA in
compliance with Section 55-8 of the Miami City Code and as an inducement for approval of the vacation
of a public road abutted by the real property hereinafter described, I hereby certify that I have examined
First American Title Insurance Company Owner's Policy Nos. FA-35-1064551, FA-35-1064552 and FA-
35-1064553, completely covering the period from the beginning to March 15, 2011, inclusive at 9:20
a.m., of the following described real property:
See Exhibit "A" attached hereto
Basing my opinion on said Owner's Policy I am of the opinion that on the last mentioned date the
fee simple title to the above described real property was vested in:
Dacra DesignMiami (Del.) LLC, a Delaware limited liability company (as to Parcel A).
Miami Avenue (Del.) LLC, a Delaware limited liability company (as to Parcel B);
McCrory Design Associates (Del.) LLC, a Delaware limited liability company (as to Parcel C).
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
1.
2.
3.
4.
5.
Ad Valorem Taxes for the year 2011 and subsequent years.
Rights of parties in possession other than the above owners.
Facts that would be disclosed by an accurate survey.
Any unrecorded labor, mechanics or materiahnen's liens.
Zoning and other restrictions imposed by governmental authority.
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SPECIAL EXCEPTIONS:
As to Parcels A and B:
1. Mortgage, Assignment of Rents, Fixture Filing, and Security Agreement in favor of Credit
Agricole Corporate and Investment Bank, a Company With Limited Liability, dated March 7,
2011, filed March 8, 2011, in Official Records Book 27610, at Page 2926, as modified by
Mortgage Spreader Agreement dated March 11, 2011 made by Ben Newton LLC and recorded
March 12, 2011 in Official Records Book 27615, Page 1813 and further modified by Mortgage
Spreader Agreement dated March 15, 2011 made by Dark Hollow Holdings, LLC and recorded
March 15, 2011 in Official Records Book 27617, Page 1307.
2. Assignment of Rents and Leases in favor of Credit Agricole Corporate and Investment Bank, a
Company With Limited Liability, dated March 7, 2011, filed March 8, 2011, in Official Records
Book 27610, at Page 3005.
As to Parcel A:
3. Restrictions, dedications, conditions, reservations, easements and other matters shown on the
plat of COMMERCIAL BUENA VISTA, as recorded in Plat Book 14, at Page 56, but deleting
any covenant, condition or restriction indicating a preference, limitation or discrimination based
on race, color, religion, sex, handicap, familial status or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c). (Parcel 1)
4, Miami Zoning Board Resolution No. 06-1234, filed December 26, 2006, in Official Records
Book 25218, at Page 2701.
5. Restrictions, dedications, conditions, reservations, easements and other matters shown on the
plat of MAGNOLIA COURT, as recorded in Plat Book 6, at Page 105, but deleting any
covenant, condition or restriction indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status or national origin to the extent such covenants,
conditions or restrictions violate 42 USC 3604(c). (Parcel 2)
As to Parcel B:
6. Restrictions, dedications, conditions, reservations, easements and other matters shown on the
plat of COMMERCIAL BUENAVISTA, as recorded in Plat Book 14, at Page 56, but deleting
any covenant, condition or restriction indicating a preference, limitation or discrimination based
on race, color, religion, sex, handicap, familial status or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c).
As to Parcel C:
7. Restrictions, dedications, conditions, reservations, easements and other matters shown on the
plat ofNEWTON'S SUBDIVISION, as recorded in Plat Book 3, at Page 126, but deleting any
covenant, condition or restriction indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c).
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Restrictions, dedications, conditions, reservations, easements and other matters shown on the
plat of MAGNOLIA COURT, as recorded in Plat Book 6, at Page 105, but deleting any
covenant, condition or restriction indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c).
9. Terms and conditions contained in Agreement, filed February 20, 1968, in Official Records
Book 5836, at Page 179. (re: encroachment on Lot 4, NEWTON'S SUB, of adjoining building
on Lot 5).
10. Mortgage, Restatement and Modification Agreement executed by McCrory Design Associates
(Del.) LLC, a Delaware limited Liability company, and McCrory Design Buick (Del.) LLC, a
Delaware limited liability company, to UBS Real Estate Investments Inc., a Delaware
corporation, dated March 3, 2006, filed March 7, 2006, in Official Records Book 24294, at Page
4164, in the original principal amount of $34,000,000.00, as assigned to LaSalle Bank National
Association, in its capacity as trustee for the registered holders of LB-UBS Commercial
Mortgage Trust 2006-C3, Commercial Mortgage Pass -Through Certificates, Series 2006-C3, by
Assignment of Mortgage, Restatement and Modification Agreement, filed October 19, 2006, in
Official Records Book 25017, at Page 1645.
11. Assignment of Leases and Rents from McCrory Design Associates (Del.) LLC, a Delaware
limited liability company, and McCrory Design Buick (Del.) LLC, a Delaware limited liability
company, to UBS Real Estate Investments Inc., a Delaware corporation, filed March 7, 2006, in
Official Records Book 24294, at Page 4268, as assigned to LaSalle Bank National Association,
in its capacity as trustee for the registered holders of LB-UBS Commercial Mortgage Trust
2006-C3, Commercial Mortgage Pass -Through Certificates, Series 2006-C3, by Assignment of
Assignment of Leases and Rents, filed October 19, 2006, in Official Records Book 25017, at
Page 1638.
12. UCC-1 Financing Statement from McCrory Design Associates (Del.) LLC, a Delaware limited
liability company, as Debtor, to UBS Real Estate Investments Inc., a Delaware corporation, as
Secured Party, filed March 7, 2006, in Official Records Book 24294, at Page 4280, as assigned
to LaSalle Bank National Association, in its capacity as trustee for the registered holders of LB-
UBS Commercial Mortgage Trust 2006-C3, Commercial Mortgage Pass -Through Certificates,
Series 2006-C3, by UCC-3 Amendment, filed October 13, 2006, in Official Records Book
24999, at Page 2700.
13. Unrecorded Agreement to dedicate as contained in unrecorded easement, access and
indemnification agreement executed by McCrory Design Associates (Del.) LLC, a Delaware
limited partnership and the City of Miami.
All recording references are to the Public Records of Miami -Dade County, Florida.
Therefore, it is my opinion that the following parties must join in the platting of the above
described real property in order to constitute the same as a binding encumbrance upon the aforedescribed
property.
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Name Exception No. Interest
Credit Agricole Corporate and Investment Bank 1, 2 Mortgagee
LaSalle Bank National Association in its capacity 10, 11, 12 Mortgagee
as trustee for the registered holders of LB-UBS
Commercial Mortgage Trust 2006-C3,
Commercial Mortgage Pass -Through Certificates,
Series 2006-C3
I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the
State of Florida, and am a member in goodstanding of The Floridann Bar.
Respectfully submitted this .2 Nday of , 2011.
Linda Ebin
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
Parcel 1:
The West 50 feet of Lot 1, and Lots 7 to 14, both inclusive, and Lots 24 to 31, both inclusive, Block 1,
COMMERCIAL BUENA VISTA, according to the Plat thereof, as recorded in Plat Book 14, at Page 56, of
the Public Records of Miami -Dade County, Florida.
Also known as:
The West 75 feet of Lot 1, less the East 25 feet thereof, and Lots 7 to 14, both inclusive, and Lots 24 to
31, both inclusive, Block 1, COMMERCIAL BUENA VISTA, according to the Plat thereof, as recorded in Plat
Book 14, at Page 56, of the Public Records of Miami -Dade County, Florida.
And
Parcel 2:
Lots 8 and 9, Block 2, of MAGNOLIA COURT, according to the plat thereof, as recorded in Plat Book 6, at
Page 105, of the Public Records of Miami -Dade County, Florida.
a/k/a Palm Lot
PARCEL B:
Parcel 1:
The East 100 feet of Lot 1, all of Lots 2 through 5, Block 1, COMMERCIAL BUENAVISTA, according to the
Plat thereof, as recorded in Plat Book 14, at Page 56, of the Public Records of Miami -Dade County,
Florida.
Less: That portion thereof beginning at the Northeast corner of Lot 1, Block 1, thence go West 5 feet,
thence South 9.30 feet, thence East 0.82 feet, thence South 61.44 feet, thence East 3.8 feet to the East
line, thence North 70.9 feet, to the Point of Beginning.
Parcel 2:
Lots 33 through 36, inclusive, Block 1, COMMERCIAL BUENAVISTA, according to the Plat thereof, as
recorded in Plat Book 14, at Page 56, of the Public Records of Miami -Dade County, Florida.
And
That portion of land thereof beginning 146.40 feet West of the Southeast corner of Lot 8, NEWTON
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 126, of the Public
records of Miami -Dade County, Florida, thence run North 137.00 feet; thence West 46.50 feet; thence
South 137.00 feet; thence East 46.50 feet to the Point of Beginning.
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Less and Except:
A portion of NEWTON SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page
126, of the Public Records of Miami -Dade County, Florida, and being more particularly described as
follows:
Begin at the Southeast corner of Lot 36, Block 1, COMMERCIAL BUENAVISTA, according to the Plat
thereof, as recorded in Plat Book 14, at Page 56, of said Public Records of Miami -Dade County, Florida;
thence South 89°46'20" East along the Easterly projection of the South line of said Block 1, said line also
being the North right-of-way line of N.E. 38th Street as shown on said plat of COMMERCIAL BUENAVISTA
for 46.50 feet to a point being 146.40 feet West of the East line of said NEWTON SUBDIVISION and as
measured along a line parallel with the centerline of said N.E. 38th Street as shown on said plat of
COMMERCIAL BUENAVISTA; thence South 00°00'35" West for 25.00 feet to said centerline of N.E. 38th
Street; thence North 89°46'20" West along said centerline of N.E. 38th Street for 46.50 feet to a point on
the West line of said NEWTON SUBDIVISION; thence North 00°00'18" East along said West line of
NEWTON SUBDIVISION for 25.00 feet to the Point of Beginning.
a/k/a/ The Booth Building
PARCEL C:
Lots 1 to 6, inclusive, and the East 25 feet of Lot 7, in Block 2 of MAGNOLIA COURT, according to the
Plat thereof, as recorded in Plat Book 6, at Page 105, of the Public Records of Miami- Dade County,
Florida.
Beginning at the Southwest corner of Lot 3, in Block 2, of MAGNOLIA COURT; thence run North along the
West ends of Lots 3, 2 and 1 of said Block 2, to the Northwest corner of Lot 1, of said Block 2; thence
run West 9 feet to the Northeast comer of Lot 4, Block 2, of MAGNOLIA COURT; thence run South along
the East side of Lot 4, Block 2, to the Southeast comer of Lot 4 of said Block 2; thence run East 9 feet to
the Point of Beginning, being all that certain unnumbered Lot, 9 feet wide by 93.45 feet deep, lying
directly West of Lots 1, 2 and 3, of Block 2, MAGNOLIA COURT, and directly East of Lot 4, of said Block 2,
according to the Plat thereof, as recorded in Plat Book 6, at Page 105, of the Public Records of Miami -
Dade County, Florida.
Lots 1, 2, 3 and 4, of NEWTON'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 3,
at Page 126, of the Public Records of Miami -Dade County, Florida, less the East 20 feet thereof.
Begin at the Northwest corner of Lot 1, of NEWTON'S SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 3, at Page 126, of the Public Records of Miami -Dade County, Florida; thence West
92.9 feet; thence South 70.9 feet; thence East 46.5 feet; thence South 112.00 feet; thence East 46.4
feet; thence run North 182.9 feet to the point of beginning.
Begin at the Northeast corner of Lot 1, Block 1, COMMERCIAL BUENA VISTA SUBDIVISION, a subdivision
recorded in Plat Book 14, at Page 56, of the Public Records of Miami -Dade County, Florida, and run West
5.00 feet; thence run South 9.3 feet; thence run East 0.82 feet; thence run South 61.44 feet; thence run
East 3.8 feet to the East line of Lot 2 of said subdivision; thence North 70.9 feet to the point of
beginning.
a/k/a - The Buena Vista Building
G:\Shared Work\CE - Data\LE\DACRA\BV Palm Booth REplat\Opinion of Title - City of Miami.docx
-6-
VACATION AND CLOSURE APPLICATION
iT• OF AUTHORITY TO ACT
Before' me this Day, the undersigned personally appeared S Ve 6reknSIe.i01
, who,beiriMby me first deposes and says:
•
That he/she is the; ;owner or the legal' .representative of the owner, submitting the public hearing
application. as required by the.Code of the'City of Miami, Florida, affecting the real property located in
the, City of:Miami, as.Iisted on the.foregoing pages.
2. That: all :owners. who. he/she represents, if any, have given his/her 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 'foregoing petition, g including or ❑ not including responses to day to day staff
inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing
addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner
or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant Osayeth
ret14.4f.
GCr o }� est 4-Sc.4 4 if' tiKok C�
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Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was knowled ed b fore
20 If , by e lte
a(n) individual/partner corporation of
indi idaallpartn rship' • • • . '-n. He ersonally k
as identification and who did (did not) take
licant(s)
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ho has produced
x ,u Notary Public State of Florida
F" Linda Ebin
My commission D0798588
1. of °•i<' Expires 0811012012
is
DULOSURE OF OWNER$H1P
1. :Lit the 0Wher(s) Of. the subject property and percentage of ownership. Note: The
Mimi city Code requires clitclOsute of all parties having a financial interest, either
direct or rindirea, 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, ifnecessary.
Owner's Na-rne(es) 7)/C
Percentage •of 0Whership
Subject Prqperty Add ress(ea) (a /1/1;-..:39,A
atJ/014t-L-0)- /(144 Z--/541 cr, 6-y•
ja 6,10)Lic
2. List all streets adclress(eS) 'and legal desoription(s) of any property located Within 500 feet
of the isubject property owned by any and all parties listed in question #1. above. Please
SunOS,' additional lists, it necessary.
StreetAddress(es):
Legal Description(s):
5Pez° 6,t4
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OwnerN orAtiorney,Name C )
Ads
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Attiarisi&N
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e - 111444 3"."
STATE OF FLORIDA — COUNTY OF MIA11.41-DADE
The foregoing Wes acknowledged before me this 29 day of A
20 , by 54641 e-1 Ge.e..,Leot j,k4
who is a(ri) individualipartnotcorporation of xhav-e -44,144
n. He/She isertraonaily Known tirrnor who
hat produced as identification and who dld not) talte n oath,
($tarrp):
5
Sig
Notary Public State of Florida
4 1". Linde Ebin
; At My Commission DD796588
14' QC Expires 0611012012
of o•
eV. 12-15-06
Exhibit "A"
To Disclosure of Ownership Regarding Property Owned by McCrory Design Associates (Del.) LLC
1. Subject Property is owned by McCrory Design Associates (Del.) LLC , which is owned
as follows: 100% owner is Miami Design District Associates, LLC, which in turn is
owned by:
49.51%: CR Member, LLC, which is 100% owned by Craig Robins
0.49%: Dacra Member, LLC, which is 100% owned by various corporations, all of whom
are owned by Craig Robins
50%: LRE DDM LLC, which is owned 100% by L Real Estate SICAR.
Subject Property Address(es): 180 NE 39th Street
2. Property owned by the owners identified in #1 above which is within 500' of the subject
property :
A. Prinz Building — 91 NE 36th Street
Legal Description:
Tract A of SOUTH DESIGN DISTRICT, according to the plat
thereof, as recorded in Plat Book 163, at Page 58, of the Public
Records of Miami -Dade County, Florida
a/k/a/ Prinz — 91 N.E. 36th Street
B. Loft Building-3627 NE 1st
Legal Description:
Lot 22 of YOUNGS ADDITION TO THE TOWN OF BUENA
VISTA, according to the plat thereof, as recorded in Plat Book 3,
at Page 20, of the Public Records of Miami -Dade County,
Florida
a/k/a/ Loft — 3627 NE 1st Court'
C. La Verne Building— 90 NE 39th Street
Legal Description:
Lots 1, 2 and 3, Block 2, of BILTMORE COURT, according to
the Plat thereof, as recorded in Plat Book 7, at Page 37, of the
Public Records of Miami -Dade County, Florida.
a/kla/ Laverne Building
D. Oak Plaza - all 4 Buildings: (1) 160 NE 40th St.; (2) 150 NE 39th St.
(3) 139 NE 39t1' St.; (4) 163 NE 39th St.
Legal Description:
Parcel A:
Parcel B:
Lots 10, 11 and the East 5 feet of Lot 12, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat thereof, as
recorded In Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida.
KVA PARCEL:
The West 20 feet of Lot 12, and all of Lot 13, of COMMERCIAL
BILTMORE, SECOND SECTION, according to the plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida.
Also known as:
The West 20 feet of Lot 12, and all of Lot 13, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida.
LOGGIA PARCEL:
Lots 6, 7, and 8 (minus the Westerly 12 feet of Lot 8), in Block 1, of
MAGNOLIA COURT, according to the plat thereof, as recorded in Plat
Book 6, at Page 105, of the Public Records of Miami -Dade County,
Florida.
COLLINS PARCEL:
Lots 9 and the Westerly 12 feet of Lot 8, in Block 1, of MAGNOLIA
COURT, according to the plat thereof, as recorded in Plat Book 6, at
Page 105, of the Public Records of Miami -Dade County, Florida.
Also known as:
Lot 9 and the West 12 feet of Lot 8, in Block 1, MAGNOLIA COURT,
according to the plat thereof,
as recorded in Plat Book 6, at Page 105, of the Public Records of Miami -
Dade County, Florida.
a/k/a/ The Oak Plaza Building
E. Melin Building — 3930 NE 2Ave, 180 NE 40th St.
Legal Description:
Lots 1 through 6 inclusive, of SECOND SECTION, COMMERCIAL
BILTMORE 1924, according to the plat thereof, as recorded in Plat
Book 12, at Page 44, of the Public Records of Miami -Dade County,
Florida, and Lots 1 through 4, inclusive, Block 1, and unnumbered Lot
East of Lot 4, Block 1, of MAGNOLIA COURT, according to the plat
thereof, as recorded in Plat Book 6, at Page 105, of the Public Records of
Miami -Dade County, Florida.
LESS
Those portions of Lots 1, 2 and 3, Block 1, MAGNOLIA COURT,
according to the plat thereof, as recorded in Plat Book 6, at Page 105, of
the Public Records of Miami -Dade County, Florida, being more
particularly described as follows:
The East 10 feet of Lots 1, 2 and 3, and the external area of a circular
curve, contained within said Lot 3, concave to the Northwest having a
radius of 25 feet and tangents which are 25 feet North of and parallel
with the centerline of N.E. 39th Street and 35 feet West of and parallel
with the centerline of N.E. 2nd Avenue;
AND LESS
Those portions of Lots 1, 2 and 3, SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida, being more particularly described as follows:
The East 2 feet of Lots 1, 2 and 3, and the external area of a circular
curve, contained within said Lot 3, concave to the Southwest having a
radius of 25 feet and tangents which are 33 feet South of and parallel
with the centerline of N.E. 40th Street and 35 feet West of and parallel
with the centerline of N.E. 2nd Avenue.
a/k/a - The Melin Building
F. Buick Building — 3841 NE 2 Ave, 3833 NE 2 Ave
Legal Description:
The North 68.32 feet of Lot 2, and all of Lot 3, of SECOND AMENDED
PLAT OF MAGNOLIA PARK, according to the Plat thereof, as
recorded in Plat Book 5, at Page 25, of the Public Records of Miami -
Dade County, Florida, together with that certain twelve -foot strip of land
lying adjacent to and immediately East of the above -described property,
said twelve -foot strip having for its Easterly boundary the Florida East
Coast Railroad right-of-way.
a/k/a/ The Buick Building
G. Newton Building — 3901 NE 2 Ave, 201 NE 39 St.
Legal Description:
Lots 1 and 2 and the 10.00 foot easterly adjacent alley, PLAT
SHOWING RESUBDIVISION OF LOTS 4-5-6 & 7 OF SECOND
AMENDED PLAT OF MAGNOLIA PARK, according to the Plat
thereof, as recorded in Plat Book 4, at Page 150, of the Public Records of
Miami -Dade County, Florida.
a/k/a/ The Newton Building
H. Maier Building— 170 NE 40th St.
Legal Description:
Lots 7 and 8, of COMMERCIAL BILTMORE SECOND
SECTION, according to the Plat thereof, as recorded in Plat
Book 12, at Page 44, of the Public Records of Miami -Dade
County, Florida.
a/k/a/ Maier - 170 NE 40th Street
I. Moore Building — 4040 NE 2 Ave, 191 NE 40 St., 175 NE 40 St., 140 NE 41 St.
Legal Descriptions:
Parcel A: Lots 3, 5, 6 and 7, of AMENDED PLAT OF A
PORTION OF BLOCK 10 OF BILTMORE SUBDIVISION AND A
PORTION OF BLOCK 1 OF THE AMENDED PLAT OF
COMMERCIAL BILTMORE SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 45, at Page 55, of the Public Records of
Miami -Dade County, Florida.
Parcel B: Lots 1, 2 and 8, in Block 10, of BILTMORE, according
to the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
Parcel C: Lots 2, 3 and 4, in Block 1, of AMENDED PLAT OF
COMMERCIAL BILTMORE 1921, according to the Plat thereof, as
recorded in Plat Book 6, at Page 132, of the Public Records of Miami -
Dade County, Florida.
Parcel D: Lots 3 and 4, in Block 7, of BILTMORE, according to
the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
Parcel E: Lot 22 and the East '/2 of Lot 21, in Block 8, of
BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, at
Page 67, of the Public Records of Miami -Dade County, Florida.
a/k/a/ The Moore Building
J. Rosen and Lot Building - 150 NE 41 St., 151 NE 40 St.
Legal Description: Lot 6, in Block 10, of BILTMORE
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book
6, at Page 67, of the Public Records of Miami -Dade County, Florida.
a/k/a - Rosen - 40th District
K. Mosaic and Lots Building - 155 NE 40 St., 161 NE 40 St., 144 NE 41 St.
Legal Description:
Parcel A: Lots 8, 9, 10, 11 and 12, Block 1, of AMENDED PLAT
OF COMMERCIAL BILTMORE, according to the plat thereof, as
recorded in Plat Book 6, at Page 132, of the Public Records of Miami -
Dade County, Florida.
Parcel B: Lot 7, in Block 10, of BILTMORE SUBDIVISION,
according to the plat thereof, as recorded in Plat Book 6, at Page 67, of
the Public Records of Miami -Dade County, Florida.
a/k/a/ Mosaic
L. Palmer Building —158 NE 41 St.
Legal Description: Lot 5 and the West 20 feet of Lot 4, Block 10,
BILTMORE SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 6, at Page 67, of the Public Records, Miami -Dade County,
Florida, Excepting therefrom the following part of the West 20 feet of
Lot 4: Begin at the Southwest corner of said Lot 4, Block 10, of the
aforesaid BILTMORE SUBDIVISION; thence East along the South line
of said Lot 4 for a distance of 20 feet; thence North parallel with the
West line of said Lot 4 for a distance of 20 feet to a point; thence
Southwesterly along a tangent circular curve having a radius of 20 feet
through a central angle of 90 degrees for an arc distance of 31.42 feet to
the Point of Beginning.
a/k/a/ The Palmer Building
CERTIFICATE OF
McCRORY DESIGN ASSOCIATES (DEL.) LLC
The undersigned, the Vice President of McCrory Design Associates (Del.) LLC, a limited
liability company organized and existing under the laws of the State of Delaware, does hereby
certify as follows:
1. On December 1, 2004, McCrory Design Associates, Ltd. (the "Partnership")
merged with and into McCrory Design Associates (Del.) LLC (the "Company") as more
particularly set forth in the Articles of Merger filed with the Florida Secretary of State on
December 1, 2004, a copy of which is attached hereto.
2. By virtue of such merger, the Company has succeeded by operation of law to the
rights and obligations of the Partnership, including, without limitation, the ownership of the
property described on Exhibit "A" hereto.
3. The persons named below have been duly elected, have been duly qualified, and
at all times have acted, as officers of the Company, holding the respective offices below set
opposite their names.
Name Office
Craig Robins President
Steven Gretenstein Vice President
4. Pursuant to the attached Unanimous Written Consent of the Managers of Miami
Design District Associates, LLC, each of the President and/or the Vice President of the
Company, without the execution or joinder of the other, has the full power and authority to
execute applications and petitions in the name, and on behalf, of the Company.
5. This Certificate may be relied upon by the City of Miami, and/or Miami -Dade
County, and/or governmental authorities.
March, 2011.
IN WITNESS WHEREOF, I have her- ." set f d as of this ell day of
nstein
EXHIBIT A
Lots 1 to 6, inclusive, and the East 25 feet of Lot 7, in Block 2 of
MAGNOLIA COURT, according to the Plat thereof, as recorded in Plat
Book 6, at Page 105, of the Public Records of Miami- Dade County,
Florida.
Beginning at the Southwest corner of Lot 3, in Block 2, of MAGNOLIA
COURT; thence run North along the West ends of Lots 3, 2 and 1 of said
Block 2, to the Northwest corner of Lot 1, of said Block 2; thence run
West 9 feet to the Northeast comer of Lot 4, Block 2, of MAGNOLIA
COURT; thence run South along the East side of Lot 4, Block 2, to the
Southeast comer of Lot 4 of said Block 2; thence run East 9 feet to the
Point of Beginning, being all that certain unnumbered Lot, 9 feet wide by
93.45 feet deep, Tying directly West of Lots 1, 2 and 3, of Block 2,
MAGNOLIA COURT, and directly East of Lot 4, of said Block 2, according
to the Plat thereof, as recorded in Plat Book 6, at Page 105, of the Public
Records of Miami -Dade County, Florida.
Lots 1, 2, 3 and 4, of NEWTON'S SUBDIVISION, according to the plat
thereof, as recorded in Plat Book 3, at Page 126, of the Public Records of
Miami -Dade County, Florida, Tess the East 20 feet thereof.
Begin at the Northwest corner of Lot 1, of NEWTON'S SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 3, at Page 126, of
the Public Records of Miami -Dade County, Florida; thence West 92.9
feet; thence South 70.9 feet; thence East 46.5 feet; thence South 112.00
feet; thence East 46.4 feet; thence run North 182.9 feet to the point of
beginning.
Begin at the Northeast corner of Lot 1, Block 1, COMMERCIAL BUENA
VISTA SUBDIVISION, a subdivision recorded in Plat Book 14, at Page 56,
of the Public Records of Miami -Dade County, Florida, and run West 5.00
feet; thence run South 9.3 feet; thence run East 0.82 feet; thence run
South 61.44 feet; thence run East 3.8 feet to the East line of Lot 2 of
said subdivision; thence North 70.9 feet to the point of beginning.
UNANIMOUS WRITTEN CONSENT
OF THE MANAGERS OF
MIAIVII DESIGN DISTRICT ASSOCIATES, LLC
The undersigned, being the all of the Managers of Miami Design District Associates, LLC, a
Delaware limited liability company (the "Company"), do hereby adopt the following resolutions by written
consent, in lieu of a meeting, pursuant to Section 7.24 of the Amended and Restated Limited Liability
Company Agreement of the Company:
PALM BOOTH
WHEREAS, McCrory Design Associates (Del.) LLC ("Buena Vista Owner"), Miami Avenue
(Del.) LLC ("Booth Owner") and Dacra DesignMiami (Del.) LLC ("Palm Lot Owner") (each herein
called an "Owner" and all are collectively called the "Owners") each is a subsidiary of the Company and
owns certain real property in the City of Miami, Florida (the real property owned by each such Owner is
an "Individual Property" and the Individual Properties are together called the "Individual Properties");
and
WHEREAS, each of the Individual Properties abuts NE 1st Court, a public street, and the Board
of Managers deems it advisable and in the best interests of the Company to vacate NE 1st Court, to the
extent that it abuts the Individual Properties, so that ownership of such street shall vest in the Individual
Owners or such of the Individual Owners as may be determined by the Manager as set forth below;
WHEREAS, Booth Owner and Palm Lot Owner is each managed by Miami Design District
Associates Manager, LLC ("Manager"), which is also a subsidiary of the Company, and the sole member
of Buena Vista Owner is MDA Member, LLC ("MDA"), which is also a subsidiary of the Company and
is managed by Manager;
NOW, THEREFORE, BE IT RESOLVED, that the Company shall cause the Owners to vacate
NE 1st Court, to the extent that it abuts the Individual Properties, and in connection therewith, shall do all
things necessary or desirable to effectuate such vacation, including, without limitation, the platting of the
Individual Properties and the vacated portion of Northeast 1st Court (collectively, the "Palm Booth
Properties");
FURTHER RESOLVED, that Manager shall, in its own name or in the names of the Individual
Owners and/or MDA, as applicable, do all things required to effectuate and cause the Individual Owners
and/or MDA to effectuate such vacation and the platting of the Palm Booth Properties, including, without
limitation, the determination of which of the Individual Owners shall acquire title to the vacated street,
the execution of all applications and related documents, and the making of appearances and filing papers
before all governmental agencies whose approval is required, in order to effectuate, complete, perfect and
confirm such street vacation and platting (all of the foregoing are called the "Authorized Activities");
FURTHER RESOLVED, that the President or the Vice President of the Manager, acting singly
or together, be, and hereby are, authorized, empowered and directed to take all such further actions and/or
steps on behalf of the Company, the Individual Owners and/or MDA, as applicable, in furtherance of the
Authorized Activities and without limitation of the foregoing, are hereby are, authorized, empowered and
directed to sign, execute, verify, acknowledge, certify, file and deliver all applications for tentative plat
approval, site plan approval, and final plat approval, and other applications, as well as plats and such
agreements, instruments, joinders, subordinations, documents, consents, certificates, notices, applications,
instruments and documents as such officers shall in their reasonable and good faith judgment be
necessary, desirable, or appropriate in order to effectuate the purposes of the foregoing resolutions;
RESOLVED, that the taking of any actions and/or steps authorized by any of the foregoing
resolutions, and each of them, by or at the direction of the President or Vice President be, and they hereby
are authorized and empowered to be, deemed conclusive proof of the approval thereof by the Board of
Managers of the Company; and
RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all
acts authorized herein that were performed prior to the passage of these resolutions be, and they hereby
are, approved, ratified and confirmed in all respects.
FURTHER RESOLVED, that the proper officers of the Company are hereby authorized,
empowered and directed, in the name and on behalf of the Company, to take or cause to be taken all such
actions, and
FURTHE RESOLVED, that the execution of this written consent may be performed in
counterpart and that ; 1 `,\ch counterparts shall c• - prise andconstitute one document.
IN WITNES . "i' I REOF, the anagers of the C
the 8 day of January,1
i ttil‘
1 \
Craig Robins
y h whereunto set their hands as of
ven Grete
tein
atrick Houel 1Nlatliieu LeBozec
;::::)
Alain Hortion
Being all of the managers of the Company.
NFU:193'2711'34 f 8
This Instrument was prepared by:
None: Thomas C. Cobb. t:sq,
Ptrm: Cobh & Ellin P.A.
Address: 1349 SW First Avenue. Suite 301
Miam1, Florida 31130
Property Appraiser's
Parcel identification
No:
Grantee S.S. No:
0012502166 20Q4 OCT iH 12156
DOCSTPDEE 0.60 SURTX 0.45
HARVEY RUVIN. CLERK DADE COUNTY, FL
CORRECTIVE
SI'ECIA), WARRANTY DEED
This Special Warranty Deed is made as of the 25th day of January, 1999, from MCCRORY
ASSOCIATES, LTD., a Plorida limited partnership (the "Grantor") in favor of MCCRORY
DESIGN ASSOCIATES. LTD., a Florida Iirnited partnership (the "Grantee") whose post office
address is c/o The DACRA Companies, 1632 Pennsylvania Avenue. Miami Beach, Florida 33139.
WITNESSETH, that the Grantor, for and in consideration of the sum of TEN (S10.00).
DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, to them in hand paid by
the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the
Grantee, and Grantee's successors and assigns forever, the following described land, situate, and being
in the County of Dade, State of Florida, to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
SUBJECT TO:
1, Taxes and assessments for the year 1909 and subsequent years.
2. Mortgage Deed dated July 2. 1997 from McCrory Associates, Ltd., a Florida limited
partnership, and Mark Mamolen, as Trustee, as mortgagors, in favor of Tom Maxey
and Eugene Short, as Trustees of the trusts created under the Will of Elizabeth K.
Feinman, Deceased, and Tom Maxey and Wirt T. Maxey, as Trustees of the Trusts
created under the Will of Martin H. Feinman, Deceased, all doing business as Miami
D&D Centre, a Florida joint venture, as Mortgagees, recorded in Official Records
Book 17701, Page 2316, of the Public Records of Miami -Dade County, Florida.
3. Conditions, restrictions, encumbrances, limitations, easements, reservations and other
matters of record, none of which is reimposed hereby.
4. Applicable toiling and land use laws and ordinances.
And subject to the foregoing, the Grantor will defend the title to the property conveyed hereby
against the lawful claims of all persons claiming hy, through or under the Grantor, but none other.
Note'to Tax. Examiner:
This Corrective Special Warranty Deed is not executed pursuant to a
sale. Xt is executed in order to aorrict the legal description on
the Special Warranty Deed to the (Grantee, recorded January 2, 1999
in Official Records Book 18456, Pawl 3307 Public Records of Miami -
Dade County, Ylorida (the "Original Deed"). The sole Cofasideretion
for thii.Deed is the consideration paid to (Grantor for the Original
Died, upon which documentary stamps and surtax has been paid in
lull.
I/La1DACRAWDA\2D06PIrteacinOISaaaAal.W 11)
to
cr: I9:2T34.19
IN WITNESS WHEREOF, the Grantor has hereunto executed and delivered this instrument.
Signed, scaled and delivered
in th nee of:
i)(1--iI)a.I
Print nam
4
Print name i0,P1: S,! %tatvWeS
STATE OF FLORIDA .)
)SS
COUNTY OF MIAMI-DADE)
McCRORY ASSOCIATES, LTD., a Florida
limited partnership
13y: McCRORY ASSOCIATES. INC.,
oration, us general
par
D:
Print at: Sc�rrr g-eelA
Print Title: (.iJ
ICorixirate Sea}
Tt c foregoing instrume as acknowledged before me thistday of0c= , 2000 by
Cc:ss'1 1� ; f , who personalty known to me or 1 1 has produced as
identification, as President of McCrory Associates, Inc., a Florida corporation, on behalf of the
corporation as general partner of McCrory Associates, Ltd.. a Florida limited partnership.
1/4
µ''''"' °i""' a Notary Public State of Florida
Jamino Aprii Print Name:
nuanncxMnoAVDOD- i,saxingvinr•.n:ooi.wrn 2
My Commission Expires:
(SEAL)
NCf. 1 932TM3420
EXHIBIT "A"
L, gal Description
EXt [I131T "A"
The North 68.32 feet of Len 2, and n11 of lent 3, of Second Amended Pint of Magnolia Park. according to the Plat thereof
recorded in Plat Book 5, at Pnge 25, of the Public Records of Dade County, Florida, together with thnt certain twelve Axe
strip of land lying ndJncent In and Immediately east of the above -described property, said twelve foot strip hnving flit its
easterly botindary the Florida Ensl Const Railmnd right•of-way,
and
Lots 1 to 6, Inclusive and the P.nst 25 feel of Lot 7, in Block 2 of MAGNOLIA COURT, according to the Pint thereof
recorded in Piro Bonk 6, at Page 105; of the Public Records of Dade County, Florida, ALSO,
Beginning at the Southwest corner of lot 3, in Block 2 of MAGNOLIA COURT, thence run North along the West ends
of Lots 3, 2 and 1 of said Illock 2 to the Northwest corner of i.ot I , of said Block 2, thence run Wekl 9 feet to the Northeast
corner of Lot 4, Bock 2. of MAGNOLIA COURT. thence run South along the East side or Lot 4, Block 2, to the Southeast
corner of Lot 4 of said Block 2, thence run East 9 feet to the Point of Beginning, being all that certain unnumbered Lot,
9 fat wide by 93.45 feet deep, lying directly West of Lots 1, 2 and 3 of Block 2. MAGNOLIA COURT, and directly East
of Lon 4, of said Block 2, according to the Plat thereof. recorded in Plat Book 6, nl Pnge 105 of the Public Records of Dade
County. Florida,
and
Begin at the northwest corner of Lot 1 of NEWTON'S SUBDIVISION, according to the Pint thereof recorded in Plat
Book 3, Pnge 126, Puhiic Records of Miami -Dade County, Florida; thence West 92.9 ices; thence South 70.9 feet: thence
Past 46,5 feet; thence South 135,00 feet (Deed) 112.00 feet field measured to the North right.of--way of 38th Street; thence
East 46.5 feet deed, 46.4 feet plat nlong said right-of-way; thence run North 182.9 feet to the point of beginning,
and
Begin at the northeast comer of Lot 1, Block 1, COMMERCIAL BUENA VISTA SUBDIVISION, a sulxdivisioo recorded
In Phil Bunk 14 at Page 56 of the Public Records of Miami-Dndc County, Florida and run Went 5.(3() feet; thence run South
9.3 feet; thence run East 0.82 feet; thence run South 61.44 feet; thence run East 3,8 feet to the Past line of Lot 2 of said
subdivision; thence North 70.9 feet to the point of beginning.
and
Lots 1, 2, 3 and 4 of NEWTON'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 3. at Page 126, of
the Public Records of Dade County. Florida. less the P..aat 20 feet thereof.
and
Lots 1 thmugh 6lnclusive, of COMMERCIAL BiLTMORE, SECOND SECTION. according to the Plat thereof reeonled
in Plat Book 12, at Page 44, of the Public Records of Dade County. Florida and Lots 1 through 4 inclusive, Block 1, and
unnumbered Lot East of Lot 4, Block l of MAGNOLIA COURT. according to the Plat thereof recorded in Plat Book 6,', • ,
at Pngc 105. of the Puhiic Records of Dade County. Florida.
Tess
Those portions of Lots 1, 2 and 3, Block 1, MAGNOLIA COURT, according to the Plat thereof recorded in Plat Book
6, at Page 105, of the Public Records of Dade County, Florida, being more particularly described as follows:
The Host 10 feet of Lots t r 2 and 3 and the external area of a circular curve, contained within sntd Lot 3, concave to the
Northwest having a radius of 25 feet and tangents which are 25 feet North of and parallel with the centerline of N.B. 39
Street and 35 feet West of and parallel with the centerline of N.E. 2 Avenue;
and less
Those pnnions of lots 1, 2 and 3, COMMERCIAL 13ILTMORE SECOND ADDITION. according to the Plat thereof
recorded in Plat Book 121 at Page 44, of the Public Records of Dade County, Pluridn, being more particularly described
as follows: •
Tide East 2 feet of Lots 1, 2 and 3, and the external area of o circular curve; contained within said Lot 3, concave to the
Southwest having o radius of 25 feet and tangents which are 33 feet South of and parallel with the centerline of NiM. 40
Street and 35 feet West of and parallel with the centerline of N.G. 2 Avenue,
and
Lots I and 2 and the 10.00 foot easterly adjacent alley, Resubdivision of Second Amended Plat of MAGNOLIA PARK,
according to the Plat thereof recorded in Pint Book 4, at Page 150, of the Public Records of Bade County, Florida.
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DISCLOSURE OF OWNERSHIP
1, List the owner(s) Orthe subject property and percentage of ownership. Note: The
Miami City Coderequires disclosure of all parties having a financial interest, either
direct or incjirea, 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 Hats, if necessary.
Owner'S Narne(es)... (AY), ; 4 M (L2-01--te
Percentage of 0Wriership- /Oa 7D
38,2( eriL. ,
Subject Property Acid ress(es)., /5—s- ,t,i; 3 2 5'7-
411.1.a.,).- 1.0(444a
crk-
2, Liet all streetcaddress(eS) andlOgal descriptions of any01901V located within .5.00 feet
of file subject property owned by any end ell.parties listed in question '#1: above. Please
81100fra4ditional lists, if necessary,
Street Address(es): Legal Description(s):
5-40e 6k4/Z/V-
Owner(S) or'Attorney.Name
er ) or A ey Si- nature
,1 44, 1/4 ,14.4.4.4,:ki."-
ept 4
0 1 t‘ el; 4 S ; t. ) i',51-1-4' 44- 4- s.S. 044'
Ala Act rt 0-4' 1'71i
A4 AP-11
The foregong Was •acknoWledgeci before methis 424FIK day of
20 // _ ,by 51;16t/ c"--1
who is a(n),IndividuaUpartricorp.oration. of 11-4 ocLov-e —144 *41 o 4,41/4-.A.
,
it He/She irrinonaily Known tio-rm.or who
has produced as identiflOation. and Who did fl91 t RAZ
te ot Florida
STATE or FLORIDA COUNTY -OF MIAMI-DADE
(Stamp):
5
Rev. 1245-08
Exhibit "A"
To Disclosure of Ownership Regarding Property Owned by Miami Avenue (Del.) LLC
1. Subject Property is owned by Miami Avenue (Del.) LLC , which is owned as follows: 100%
owner is Miami Design District Associates, LLC, which in turn is owned by:
49.51%: CR Member, LLC, which is 100% owned by Craig Robins
0.49%: Dacra Member, LLC, which is 100% owned by various corporations, all of whom are
owned by Craig Robins
50%: LRE DDM LLC, which is owned 100% by L Real Estate SICAR.
Subject Property Address(es): 3821 NE lst Court
155 NE 38th Street
2. Property owned by the owners identified in #1 above which is within 500' of the subject
property :
A. Prinz Building — 91 NE 36th Street
Legal Description: Tract A of SOUTH DESIGN DISTRICT, according to the plat thereof, as
recorded in Plat Book 163, at Page 58, of the Public Records of Miami -
Dade County, Florida
a/k/a/ Prinz — 91 N.E. 36th Street
B. Loft Building-3627 NE 1st
Legal Description: Lot 22 of YOUNGS ADDITION TO THE TOWN OF BUENA VISTA,
according to the plat thereof, as recorded in Plat Book 3, at Page 20, of
the Public Records of Miami -Dade County, Florida
a/k/a/ Loft — 3627 NE lst Court
C. La Verne Building — 90 NE 39th Street
Legal Description: Lots 1, 2 and 3, Block 2, of BILTMORE COURT, according to the Plat
thereof, as recorded in Plat Book 7, at Page 37, of the Public Records of
Miami -Dade County, Florida.
a/k/a/ Laverne Building
D. Oak Plaza - all 4 Buildings: (1) 160 NE 40th St.; (2) 150 NE 39`1' St.
(3) 139 NE 39th St.; (4) 163 NE 39th St.
Legal Description:
Parcel A:
Parcel B:
Lots 10, 11 and the East 5 feet of Lot 12, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat thereof, as
recorded In Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida.
KVA PARCEL:
The West 20 feet of Lot 12, and all of Lot 13, of COMMERCIAL
BILTMORE, SECOND SECTION, according to the plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida.
Also known as:
The West 20 feet of Lot 12, and all of Lot 13, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida.
LOGGIA PARCEL:
Lots 6, 7, and 8 (minus the Westerly 12 feet of Lot 8), in Block 1, of
MAGNOLIA COURT, according to the plat thereof, as recorded in Plat
Book 6, at Page 105, of the Public Records of Miami -Dade County,
Florida.
COLLINS PARCEL:
Lots 9 and the Westerly 12 feet of Lot 8, in Block 1, of MAGNOLIA
COURT, according to the plat thereof, as recorded in Plat Book 6, at
Page 105, of the Public Records of Miami -Dade County, Florida.
Also known as:
Lot 9 and the West 12 feet of Lot 8, in Block 1, MAGNOLIA COURT,
according to the plat thereof,
as recorded in Plat Book 6, at Page 105, of the Public Records of Miami -
Dade County, Florida.
a/k/a/ The Oak Plaza Building
E. Melin Building — 3930 NE 2 Ave, 180 NE 40th St.
Legal Description: Lots 1 through 6 inclusive, of SECOND SECTION, COMMERCIAL
BILTMORE 1924, according to the plat thereof, as recorded in Plat
Book 12, at Page 44, of the Public Records of Miami -Dade County,
Florida, and Lots 1 through 4, inclusive, Block 1, and unnumbered Lot
East of Lot 4, Block 1, of MAGNOLIA COURT, according to the plat
thereof, as recorded in Plat Book 6, at Page 105, of the Public Records of
Miami -Dade County, Florida.
LESS
Those portions of Lots 1, 2 and 3, Block 1, MAGNOLIA COURT,
according to the plat thereof, as recorded in Plat Book 6, at Page 105, of
the Public Records of Miami -Dade County, Florida, being more
particularly described as follows:
The East 10 feet of Lots 1, 2 and 3, and the external area of a circular
curve, contained within said Lot 3, concave to the Northwest having a
radius of 25 feet and tangents which are 25 feet North of and parallel
with the centerline of N.E. 39th Street and 35 feet West of and parallel
with the centerline of N.E. 2nd Avenue;
AND LESS
Those portions of Lots 1, 2 and 3, SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida, being more particularly described as follows:
The East 2 feet of Lots 1, 2 and 3, and the external area of a circular
curve, contained within said Lot 3, concave to the Southwest having a
radius of 25 feet and tangents which are 33 feet South of and parallel
with the centerline of N.E. 401h Street and 35 feet West of and parallel
with the centerline of N.E. 2nd Avenue.
a/k/a - The Melin Building
F. Buick Building — 3841 NE 2 Ave, 3833 NE 2 Ave
Legal Description: The North 68.32 feet of Lot 2, and all of Lot 3, of SECOND AMENDED
PLAT OF MAGNOLIA PARK, according to the Plat thereof, as
recorded in Plat Book 5, at Page 25, of the Public Records of Miami -
Dade County, Florida, together with that certain twelve -foot strip of land
lying adjacent to and immediately East of the above -described property,
said twelve -foot strip having for its Easterly boundary the Florida East
Coast Railroad right-of-way.
a/k/a/ The Buick Building
G. Newton Building — 3901 NE 2 Ave, 201 NE 39 St.
Legal Description: Lots 1 and 2 and the 10.00 foot easterly adjacent alley, PLAT
SHOWING RESUBDIVISION OF LOTS 4-5-6 & 7 OF SECOND
AMENDED PLAT OF MAGNOLIA PARK, according to the Plat
thereof, as recorded in Plat Book 4, at Page 150, of the Public Records of
Miami -Dade County, Florida.
a/lc/a/ The Newton Building
H. Maier Building —170 NE 40th St.
Legal Description: Lots 7 and 8, of COMMERCIAL BILTMORE SECOND SECTION,
according to the Plat thereof, as recorded in Plat Book 12, at Page 44, of
the Public Records of Miami -Dade County, Florida.
a/k/a/ Maier - 170 NE 40"' Street
I. Moore Building — 4040 NE 2 Ave, 191 NE 40 St., 175 NE 40 St., 140 NE 41 St.
Legal Descriptions:
Parcel A: Lots 3, 5, 6 and 7, of AMENDED PLAT OF A PORTION OF BLOCK
10 OF BILTMORE SUBDIVISION AND A PORTION OF BLOCK 1
OF THE AMENDED PLAT OF COMMERCIAL BILTMORE
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book
45, at Page 55, of the Public Records of Miami -Dade County, Florida.
Parcel B:
Parcel C:
Parcel D:
Parcel E:
Lots 1, 2 and 8, in Block 10, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida.
Lots 2, 3 and 4, in Block 1, of AMENDED PLAT OF COMMERCIAL
BILTMORE 1921, according to the Plat thereof, as recorded in Plat
Book 6, at Page 132, of the Public Records of Miami -Dade County,
Florida.
Lots 3 and 4, in Block 7, of BILTMORE, according to the Plat thereof,
as recorded in Plat Book 6, at Page 67, of the Public Records of Miami -
Dade County, Florida.
Lot 22 and the East 'A of Lot 21, in Block 8, of BILTMORE, according
to the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
a/k/a/ The Moore Building
J. Rosen and Lot Building — 150 NE 41 St., 151 NE 40 St.
Legal Description: Lot 6, in Block 10, of BILTMORE SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida.
a/k/a — Rosen — 40th District
K. Mosaic and Lots Building —155 NE 40 St., 161 NE 40 St., 144 NE 41 St.
Legal Description:
Parcel A: Lots 8, 9, 10, 11 and 12, Block 1, of AMENDED PLAT OF
COMMERCIAL BILTMORE, according to the plat thereof, as recorded
in Plat Book 6, at Page 132, of the Public Records of Miami -Dade
County, Florida.
Parcel B:
Lot 7, in Block 10, of BILTMORE SUBDIVISION, according to the plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida.
a/k/a/ Mosaic
L. Palmer Building— 158 NE 41 St.
Legal Description: Lot 5 and the West 20 feet of Lot 4, Block 10, BILTMORE
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book
6, at Page 67, of the Public Records, Miami -Dade County, Florida,
Excepting therefrom the following part of the West 20 feet of Lot 4:
Begin at the Southwest corner of said Lot 4, Block 10, of the aforesaid
BILTMORE SUBDIVISION; thence East along the South line of said
Lot 4 for a distance of 20 feet; thence North parallel with the West line
of said Lot 4 for a distance of 20 feet to a point; thence Southwesterly
along a tangent circular curve having a radius of 20 feet through a central
angle of 90 degrees for an arc distance of 31.42 feet to the Point of
Beginning.
a/k/a/ The Palmer Building
CERTIFICATE OF
MIAMI AVENUE (DEL.) LLC
The undersigned, the Vice President of Miami Design District Associates Manager, LLC, a
limited liability company organized and existing under the laws of the State of Delaware, does hereby
certify as follows:
1. On October 13, 2010, Miami Avenue Associates, Ltd. (the "Partnership") merged with
and into Miami Avenue, LLC (the "Florida LLC") as more particularly set forth in the Certificate of
Merger filed with the Florida Secretary of State on October 13, 2010 (the "Certificate of Merger"), a copy
of which is attached hereto.
2. On October 13, 2010, the Florida LLC converted into a Delaware limited liability
company known as Miami Avenue (Del.) LLC as more particularly set forth in the Certificate of
Conversion (the "Certificate of Conversion") filed with the Florida Secretary of State., a copy of which is
attached hereto.
3. By virtue of such merger and conversion, Miami Avenue (Del.) LLC (the "Company")
has succeeded by operation of law to the rights and obligations of the Partnership and the Florida LLC,
including, without limitation, the ownership of the property described on Exhibit A hereto.
4. The management of the Company is vested in Miami Design District Associates
Manager, LLC, a Delaware limited liability company (the "Manager").
5. The persons named below have been duly elected, have been duly qualified, and at all
times have acted, as officers of the Manager, holding the respective offices below set opposite their
names.
Name Office
Craig Robins President
Steven Gretenstein Vice President
6. Pursuant to the attached Unanimous Written Consent of the Managers of Miami Design
District Associates, LLC, each of the President and/or the Vice President of the Manager, without the
execution or joinder of the other, has the full power and authority to execute applications and petitions in
the name, and on behalf, of the Manager, in the name of and on behalf of the Company.
7. This Certificate may be relied upon by the City of Miami, and/or Miami -Dade County,
and/or governmental authorities.
IN WITNESS WHEREOF, I have hereunto set my ► and as o day of March, 2011.
Tric- r:r:nstein
EXHIBIT A
Parcel 1:
The East 100 feet of Lot 1, all of Lots 2 through 5, Block 1,
COMMERCIAL BUENAVISTA, according to the Plat thereof, as recorded in
Plat Book 14, at Page 56, of the Public Records of Miami -Dade County,
Florida.
Less: That portion thereof beginning at the Northeast corner of Lot 1,
Block 1, thence go West 5 feet, thence South 9.30 feet, thence East 0.82
feet, thence South 61.44 feet, thence East 3.8 feet to the East line,
thence North 70.9 feet, to the Point of Beginning.
Parcel 2:
Lots 33 through 36, inclusive, Block 1, COMMERCIAL BUENAVISTA,
according to the Plat thereof, as recorded in Plat Book 14, at Page 56, of
the Public Records of Miami -Dade County, Florida.
And
That portion of land thereof beginning 146.40 feet West of the Southeast
corner of Lot 8, NEWTON SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 3, at Page 126, of the Public records of Miami -
Dade County, Florida, thence run North 137.00 feet; thence West 46.50
feet; thence South 137.00 feet; thence East 46.50 feet to the Point of
Beginning.
Less and Except:
A portion of NEWTON SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 3, at Page 126, of the Public Records of Miami -
Dade County, Florida, and being more particularly described as follows:
Begin at the Southeast corner of Lot 36, Block 1, COMMERCIAL
BUENAVISTA, according to the Plat thereof, as recorded in Plat Book 14,
at Page 56, of said Public Records of Miami -Dade County, Florida; thence
South 89°46'20" East along the Easterly projection of the South line of
said Block 1, said line also being the North right-of-way line of N.E. 38th
Street as shown on said plat of COMMERCIAL BUENAVISTA for 46.50
feet to a point being 146.40 feet West of the East line of said NEWTON
SUBDIVISION and as measured along a line parallel with the centerline
of said N.E. 38th Street as shown on said plat of COMMERCIAL
BUENAVISTA; thence South 00°00'35" West for 25.00 feet to said
centerline of N.E. 38th Street; thence North 89°46'20" West along said
centerline of N.E. 38th Street for 46.50 feet to a point on the West line of
said NEWTON SUBDIVISION; thence North 00°00'18" East along said
West line of NEWTON SUBDIVISION for 25.00 feet to the Point of
Beginning.
a/k/a/ The Booth Building
UNANIMOUS WRITTEN CONSENT
OF THE MANAGERS OF
MIAMI DESIGN DISTRICT ASSOCIATES, LLC
The undersigned, being the all of the Managers of Miami Design District Associates, LLC, a
Delaware limited liability company (the "Company"), do hereby adopt the following resolutions by written
consent, in lieu of a meeting, pursuant to Section 7.24 of the Amended and Restated Limited Liability
Company Agreement of the Company:
PALM BOOTH
WHEREAS, McCrory Design Associates (Del.) LLC ("Buena Vista Owner"), Miami Avenue
(Del.) LLC ("Booth Owner") and Dacra DesignMiami (Del.) LLC ("Palm Lot Owner") (each herein
called an "Owner" and all are collectively called the "Owners") each is a subsidiary of the Company and
owns certain real property in the City of Miami, Florida (the real property owned by each such Owner is
an "Individual Property" and the Individual Properties are together called the "Individual Properties");
and
WHEREAS, each of the Individual Properties abuts NE 1st Court, a public street, and the Board
of Managers deems it advisable and in the best interests of the Company to vacate NE l' Court, to the
extent that it abuts the Individual Properties, so that ownership of such street shall vest in the Individual
Owners or such of the Individual Owners as may be determined by the Manager as set forth below;
WHEREAS, Booth Owner and Palm Lot Owner is each managed by Miami Design District
Associates Manager, LLC ("Manager"), which is also a subsidiary of the Company, and the sole member
of Buena Vista Owner is MDA Member, LLC ("MDA"), which is also a subsidiary of the Company and
is managed by Manager;
NOW, THF,REFORE, BE IT RESOLVED, that the Company shall cause the Owners to vacate
NE 1st Court, to the extent that it abuts the Individual Properties, and in connection therewith, shall do all
things necessary or desirable to effectuate such vacation, including, without limitation, the platting of the
Individual Properties and the vacated portion of Northeast lst Court (collectively, the "Palm Booth
Properties");
FURTHER RESOLVED, that Manager shall, in its own name or in the names of the Individual
Owners and/or MDA, as applicable, do all things required to effectuate and cause the Individual Owners
and/or MDA to effectuate such vacation and the platting of the Palm Booth Properties, including, without
limitation, the determination of which of the Individual Owners shall acquire title to the vacated street,
the execution of all applications and related documents, and the making of appearances and filing papers
before all governmental agencies whose approval is required, in order to effectuate, complete, perfect and
confirm such street vacation and platting (all of the foregoing are called the "Authorized Activities");
FURTHER RESOLVED, that the President or the Vice President of the Manager, acting singly
or together, be, and hereby are, authorized, empowered and directed to take all such further actions and/or
steps on behalf of the Company, the Individual Owners and/or MDA, as applicable, in furtherance of the
Authorized Activities and without limitation of the foregoing, are hereby are, authorized, empowered and
directed to sign, execute, verify, acknowledge, certify, file and deliver all applications for tentative plat
approval, site plan approval, and final plat approval, and other applications, as well as plats and such
agreements, instruments, joinders, subordinations, documents, consents, certificates, notices, applications,
instruments and documents as such officers shall in their reasonable and good faith judgment be
necessary, desirable, or appropriate in order to effectuate the purposes of the foregoing resolutions;
RESOLVED, that the taking of any actions and/or steps authorized by any of the foregoing
resolutions, and each of them, by or at the direction of the President or Vice President be, and they hereby
are authorized and empowered to be, deemed conclusive proof of the approval thereof by the Board of
Managers of the Company; and
RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all
acts authorized herein that were performed prior to the passage of these resolutions be, and they hereby
are, approved, ratified and confirmed in all respects.
FURTHER RESOLVED, that the proper officers of the Company are hereby authorized,
empowered and directed, in the name and on behalf of the Company, to take or cause to be taken all such
actions, and
FURTHE' RESOLVED, that the execution of this written consent may be performed in
counterpart and that , 1\ch counterparts shall c. - prise and constitute one document.
IN WITNES . ", REOF, the - anagers of the C
the N day of January, ' 1
Craig Robins
Alain Hortio`
y
h whereunto set their hands as of
ven Grete ' tein
I?
athieu LeBozec
Being all of the managers of the Company.
111111111111111111111111111111111111111111111
,This instrument prepared by
and to be returned to:
Lee Milich, Esquire
Lee Milich, P. A.
100 West Cypress Creek Road, #935
Ft. Lauderdale, FL 33309
(954) 771-0211
(Space Reserved for Clerk of Court)
CFN 2004R0769008
OR Bk 22625 F`5s 0722 - 723; (lass)
RECORDED 09/01/2004 12:58:24
DEED DOC TAX 15r000.00
SURTAX 11r250.011
HARVEY RUVIt1r CLERK OF COURT
MIAMI-DADE CDUNTYr FLORIDA
Tax Folio No. 03-124-033-0010
WARRANTY DEED
THIS INDENTURE, made this 19th clay of August, 2004, by PHILLIP BOOTH whose mailing
address is 155 NE 38th Street, Miami, FL 33137 ("Grantor"), to MIAMI AVENUE ASSOCIATES,
LTD., a Florida Limited Partnership, whose mailing address is 1632 Pennsylvania Ave.,
Miami Beach, FL 33139 ("Grantee"). Wherever used herein, the terms "Grantor" and
"Grantees" shall include all of the parties to this instrument and their successors and assigns.
WITNESSETH:
GRANTOR, for and in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which
are hereby acknowledged, has granted, bargained and sold, and by these presents does hereby grant,
bargain and sell to Grantees and Grantees' heirs, successors and assigns forever, the following described
land situate and being in Miami -Dade County, Florida (the "Property"), to wit:
Parcel 1:
The East 100 feet of Lot 1, all of Lots 2 through 5 inclusive, in Block 1, and all of Lots 33
through 36 inclusive, in Block 1, COMMERCIAL BUENAVISTA, according to the Plat
thereof recorded in Plat Book 14 at Page 56 of the Public Records of Miami -Dade County,
Florida.
Less: that portion thereof beginning at the Northeast corner of Lot 1, Block 1; thence go
West 5 feet; thence South 9.30 feet; thence East 0.82 feet; thence South 61.44 feet; thence
East 3.8 feet to the east line of Lot 1, Block 1; thence North 70.9 to the point of beginning.
Parcel 2:
Also, that portion of land thereof beginning 146.4 feet West of the Southeast corner of Lot
8, NEWTON SUBDTVISION, according to the Plat thereof recorded in Plat Book 3 at Page
126 of the Public Records of Miami -Dade County, Florida; thence run North 137 feet;
thence West 46.5 feet; thence South 137 feet; thence East 46.5 feet to a point of beginning.
TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or
in anywise appertaining.
THIS CONVEYANCE is subject to:
1) Easements, conditions, covenants, restrictions, reservations and limitations, if any, of
record; however, this clause shall not operate to reimpose same.
Book22625/Page722 CFN#20040769008 Page 1 of 2
OR E K. 2262 s PG 0723
LAST PAGE
Witne sif Signature
2) Taxes and assessments for the year 2004 and subsequent years.
TO HAVE and to hold the same in fee simple forever.
GRANTOR does hereby fully warrant the title to said land, and will defend the same against the
lawful claims of all persons whomsoever.
GRANTOR does hereby fully warrant that the Property is not, nor has it every been, the homestead
property of Grantor, nor of any member of his family, nor is it contiguous thereto. This is a non-residential
property.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the day and year first
above written.
Witne
x
Witne' s Signature
-a /r•1't
Witness Printed Name
6/c/t-vy
G/N r(E ,L/6-nINV
Witness Printed Name
State of Florida
County of Broward
PEILLIP BOOTH
3r3)
The foregoing ins ent was sworn to and subscribed before me this 19th day of August, 2004, by
PHILLIP H, o [ --] is personally known to me, or [ ..-f produced a driver's license as
identifica
Notary ? 1 c, State of Florida
Printed name: L h-t 11-1 C E4
My commission expires:
LEE MIU H
z MYCOMMISSION NDD122557
EXPIRES: August 14, 2008
&nisdTh,u Notwy Pa* Undenes
ri
Book22625/Page723 CFN#20040769008
Page 2 of 2
111111111111111111111111111111111111111111111
]INAL
Prepared by (and return to):
Linda Ebin, Esq.
General Counsel
Dacra Development Corp.
3841 NE 2"d Avenue, Suite400
Miami, FL 33137
Phone: (305) 531-8700
Property Appraiser's
Parcel Identification No. 01-31240330010
CFN 2OO7R1115851
OR Bk 26061 Pas 3464 - 3466; (3pas)
RECORDED 11/21/2007 16:04:32
DEED DOC TAX 317500.00
SURTAX 23,625.00
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
SPECIAL WARRANTY DEED
This Special Warranty Deed made this J`day of October, 2007, from BOOTH
DEVELOPMENT HOLDINGS, LLC, a Florida limited liability company ("Grantor"), whose
address is c/o Nexus Development Group, 180 NE 39th Street, Suite 218, Miami, FL 33137, to
MIAMI AVENUE ASSOCIATES, LTD., a Florida limited partnership ("Grantee"), whose post
office address is 3841 NE 2nd Avenue, Miami, FL 33137.
WITNESSETH, that Grantor, for and in consideration of the sum of Ten ($10.00) Dollars in
hand paid by Grantee and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, hereby grants, bargains and sells to the said Grantee and to Grantee's heirs
and assigns, forever, all of Grantor's right, title and interest in and to the land in the County of
Lee, State of Florida, which is legally described on Exhibit "A" attached hereto.
SUBJECT TO:
1. Real property taxes for the year 2007 and subsequent years.
2. Easements, restrictions, limitations and encumbrances of record, none of which is
reimposed hereby.
3. Mortgage and Assignment of Rents dated June 9, 2006, recorded in Official
Records Book 24624, Page 983, Public Records of Miami -Dade County, Florida,
and the other documents securing the obligations described therein (the
"Mortgage").
4. Zoning ordinances and other restrictions and prohibitions imposed by applicable
governmental authorities.
AND EXCEPT AS SET FORTH ABOVE, GRANTOR does hereby fully warrant the
title to said land, and will defend the same against the lawful claims and demands of all persons
whomsoever, claiming by, through or under said Grantor, but against none other.
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Book26061/Page3464 CFN#20071115851 Page 1 of 3
The Grantor and the Grantee specifically intend that the lien of the Mortgage shall survive the
conveyance, and that there shall be no merger between the estate conveyed hereby and the lien of
the Mortgage.
This Deed is intended as an absolute conveyance by the Grantor, free of any equity of
redemption by the Grantor, and is not intended as security for the debt secured by the Mortgage,
or as security for any other obligation.
IN WITNESS WHEREOF, the Grantor has executed this instrument.
WITNESSES:
Pri ame:
Print ame.
BOOTH DEVELOPMENT HOLDINGS, LLC
By NEXUS HOLDINGS, LLC, a Florida
limited liability company, as its sole member
By:
einstein
anaging Member
STATE O ORM )
) ss:
COUNTY 0 �� )
10
This instrument was acknowledged before me this w• day of October, 2007, by Eli
Weinstein, as a Managing Member of Nexus Holdings LLC, a Florida limited liability company,
in its capacity as sole member of Booth Development Holdings, LLC, a Florida limited liability
company, on behalf of that company. H- s onally known to me or has produced
(type of identificati s ) as i a - ntification.
(Print, Type or Stamp Commissioned Name of Notary Public)
Commission No.
My Commission E
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OR B k. 26061. P6 3466
LAST PAGE
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 33 through 36 inclusive, in Block 1, COMMERCIAL BUENA VISTA, according to the
Plat thereof recorded in Plat Book 14 at page 56 of the Public Records of Miami -Dade County,
Florida.
Also, that portion of land beginning 146.4 feet West of the Southeast comer of Lot 8, NEWTON
SUBDIVISION, according to the Plat thereof recorded in Plat Book 3 at Page 126 of the Public
Records of Miami -Dade County, Florida, thence run North 137 feet; thence West 46.5 feet;
thence South 137 feet; thence East 46.5 feet to a point of beginning,
LESS AND EXCEPT:
A portion of NEWTON SUBDIVISION, according to the Plat thereof as recorded in Plat Book
3, Page 126, of the Public Records of Miami -Dade County, Florida, and being more particularly
described as follows:
Begin at the Southeast comer of Lot 36, Block 1, COMMERCIAL BUENAVISTA, according to
the Plat thereof as recorded in Plat Book 14, Page 56 of said Public Records of Miami -Dade
County, Florida; thence South 89°46'20" East along the Easterly projection of the South line of
said Block 1, said line also being the North right-of-way line of N.E. 38th Street as shown on
said plat of COMMERCIAL BUENAVISTA for 46.50 feet to a point being 146.40 feet West of
the East line of said NEWTON SUBDIVISION and as measured along a line parallel with the
centerline of said N.E. 38th Street as shown on said plat of COMMERCIAL BUENAVISTA;
thence South 00°00'35" West for 25.00 feet to said centerline of N.E. 38th Street; thence North
89°46'20" West along said centerline of N.E. 38th Street for 46.50 feet to a point on the West
line of said NEWTON SUBDIVISION; thence North 00°00'18" East along said West line of
NEWTON SUBDIVISION for 25.00 feet to the Point of Beginning.
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Book26061 /Page3466 CFN#20071115851 Page 3 of 3
DISCLOSURE OF OWNERSHIP
1, LOT the owner(s) Of' the subject propetty and percentage of ownership. Note: The
Miami City Cod.e 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 thoiraddress(es) and proportionate interest Are
regttiretl. Please:supply additional lists, ifneSes.sery.
()Meet Ne(es) ct& (Ant' (1j)
Percentage of 0Wriership /Oa %
Subjogt:Prwerty Addre.ss(e • / LI 3?X. s
(41 .oe /01 4-4.40i- a 1-644 •542Z /71 "
2. List all street, address(eS) a'nd legal desCription(s) of any property located within .5-00 feet
ofthe property owned by any and all parties listed in question itt above. Please
supply Eists, [Inesessary,
Street Address(ee). Legal Description(s):
5 6%4 /71-
.K-Aint i(_.14:, 4li)U6--
Owner(S) orAgorney .Name wry(s A ay Signature
e',9 G4 4-1:4 A. vi4 0-0-44%tda-
et.-C ni.'44i, .;5.).,_-4- AsS'a ci'eal`11)44tta., )
L-Lci ItY
MAtiasr21
The foregoing, was acknowlecigegl before me this t2t day of ittetArA
20 // , •by 5444Je-1 At...,./.e,i_y*f A
who is a(n) individual/pirtorporation of "Lc odowe —Aa .44 6 kel•-••• .
' m He/She izrersonally Known ttrrrr.or who
. .
has prodpced as identification and who dld grnot) taman oath,
STATE OF FLORIDA COUNTY OF MIAMI-DADE
(Stamp)
mo, NO ary ublic State of Florida
e, Linde Ebin
ir My Commission DD796588
or ,'14v. Expires 06110/2012
Rev. 12-15-03
Exhibit "A"
To Disclosure of Ownership Regarding Property Owned by Dacra DesignMiami (Del.) LLC
1. Subject Property is owned by Dacra DesignMiami (Del.) LLC , which is owned as follows:
100% owner is Newton Design (Del.) LLC , which in turn is owned by:
1% by Newton Design Member, Inc., which is owned as follows:
50% by Craig Robins
50% by Steven Gretenstein
99% by Miami Design District Associates, LLC, which in turn is owned by:
49.51 %: CR Member, LLC, which is 100% owned by Craig Robins
0.49%: Dacra Member, LLC, which is 100% owned by various corporations, all of whom
are owned by Craig Robins
50%: LRE DDM LLC, which is owned 100% by L Real Estate SICAR.
Subject Property Address(es): 140 NE 39t1' Street
2. Property owned by the owners identified in #1 above which is within 500' of the subject
property :
A. Prinz Building — 91 NE 36th Street
Legal Description: Tract A of SOUTH DESIGN DISTRICT, according to the plat thereof, as
recorded in Plat Book 163, at Page 58, of the Public Records of Miami -
Dade County, Florida
a/k/a/ Prinz — 91 N.E. 36th Street
B. Loft Building — 3627 NE 1st
Legal Description: Lot 22 of YOUNGS ADDITION TO THE TOWN OF BUENA VISTA,
according to the plat thereof, as recorded in Plat Book 3, at Page 20, of
the Public Records of Miami -Dade County, Florida
a/k/a/ Loft — 3627 NE 1st Court
C. La Verne Building - 90 NE 39th Street
Legal Description: Lots 1, 2 and 3, Block 2, of BILTMORE COURT, according to the Plat
thereof, as recorded in Plat Book 7, at Page 37, of the Public Records of
Miami -Dade County, Florida.
a/k/a/ Laverne Building
D. Oak Plaza - all 4 Buildings: (1) 160 NE 40t1' St.; (2) 150 NE 39th St.
(3) 139 NE 39t'' St.; (4) 163 NE 39t'' St.
Legal Description:
Parcel A:
Lots 10, 11 and the East 5 feet of Lot 12, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat thereof,
as recorded In Plat Book 12, at Page 44, of the Public Records of
Miami -Dade County, Florida.
Parcel B: KVA PARCEL:
The West 20 feet of Lot 12, and all of Lot 13, of COMMERCIAL
BILTMORE, SECOND SECTION, according to the plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida.
Also known as:
The West 20 feet of Lot 12, and all of Lot 13, of SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida.
LOGGIA PARCEL:
Lots 6, 7, and 8 (minus the Westerly 12 feet of Lot 8), in Block 1, of
MAGNOLIA COURT, according to the plat thereof, as recorded in Plat
Book 6, at Page 105, of the Public Records of Miami -Dade County,
Florida.
COLLINS PARCEL:
Lots 9 and the Westerly 12 feet of Lot 8, in Block 1, of MAGNOLIA
COURT, according to the plat thereof, as recorded in Plat Book 6, at
Page 105, of the Public Records of Miami -Dade County, Florida.
Also known as:
Lot 9 and the West 12 feet of Lot 8, in Block 1, MAGNOLIA COURT,
according to the plat thereof,
as recorded in Plat Book 6, at Page 105, of the Public Records of Miami -
Dade County, Florida.
a/k/a/ The Oak Plaza Building
E. Melin Building — 3930 NE 2 Ave, 180 NE 40th St.
Legal Description: Lots 1 through 6 inclusive, of SECOND SECTION, COMMERCIAL
BILTMORE 1924, according to the plat thereof, as recorded in Plat
Book 12, at Page 44, of the Public Records of Miami -Dade County,
Florida, and Lots 1 through 4, inclusive, Block 1, and unnumbered Lot
East of Lot 4, Block 1, of MAGNOLIA COURT, according to the plat
thereof, as recorded in Plat Book 6, at Page 105, of the Public Records of
Miami -Dade County, Florida.
LESS
Those portions of Lots 1, 2 and 3, Block 1, MAGNOLIA COURT,
according to the plat thereof, as recorded in Plat Book 6, at Page 105, of
the Public Records of Miami -Dade County, Florida, being more
particularly described as follows:
The East 10 feet of Lots 1, 2 and 3, and the external area of a circular
curve, contained within said Lot 3, concave to the Northwest having a
radius of 25 feet and tangents which are 25 feet North of and parallel
with the centerline of N.E. 39t1' Street and 35 feet West of and parallel
with the centerline of N.E. 2nd Avenue;
AND LESS
Those portions of Lots 1, 2 and 3, SECOND SECTION,
COMMERCIAL BILTMORE 1924, according to the plat thereof, as
recorded in Plat Book 12, at Page 44, of the Public Records of Miami -
Dade County, Florida, being more particularly described as follows:
The East 2 feet of Lots 1, 2 and 3, and the external area of a circular
curve, contained within said Lot 3, concave to the Southwest having a
radius of 25 feet and tangents which are 33 feet South of and parallel
with the centerline of N.E. 40th Street and 35 feet West of and parallel
with the centerline of N.E. 2°d Avenue.
a/k/a - The Melin Building
F. Buick Building— 3841 NE 2 Ave, 3833 NE 2 Ave
Legal Description: The North 68.32 feet of Lot 2, and all of Lot 3, of SECOND AMENDED
PLAT OF MAGNOLIA PARK, according to the Plat thereof, as
recorded in Plat Book 5, at Page 25, of the Public Records of Miami -
Dade County, Florida, together with that certain twelve -foot strip of land
lying adjacent to and immediately East of the above -described property,
said twelve -foot strip having for its Easterly boundary the Florida East
Coast Railroad right-of-way.
a/k/a/ The Buick Building
G. Newton Building — 3901 NE 2 Ave, 201 NE 39 St.
Legal Description: Lots 1 and 2 and the 10.00 foot easterly adjacent alley, PLAT
SHOWING RESUBDIVISION OF LOTS 4-5-6 & 7 OF SECOND
AMENDED PLAT OF MAGNOLIA PARK, according to the Plat
thereof, as recorded in Plat Book 4, at Page 150, of the Public Records of
Miami -Dade County, Florida.
a/k/a/ The Newton Building
H. Maier Building — 170 NE 40`1' St.
Legal Description: Lots 7 and 8, of COMMERCIAL BILTMORE SECOND SECTION,
according to the Plat thereof, as recorded in Plat Book 12, at Page 44, of
the Public Records of Miami -Dade County, Florida.
a/k/a/ Maier - 170 NE 40th Street
I. Moore Building — 4040 NE 2 Ave, 191 NE 40 St., 175 NE 40 St., 140 NE 41 St.
Legal Descriptions:
Parcel A: Lots 3, 5, 6 and 7, of AMENDED PLAT OF A PORTION OF BLOCK
10 OF BILTMORE SUBDIVISION AND A PORTION OF BLOCK 1
OF THE AMENDED PLAT OF COMMERCIAL BILTMORE
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book
45, at Page 55, of the Public Records of Miami -Dade County, Florida.
Parcel B:
Parcel C:
Parcel D:
Parcel E:
Lots 1, 2 and 8, in Block 10, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida.
Lots 2, 3 and 4, in Block 1, of AMENDED PLAT OF COMMERCIAL
BILTMORE 1921, according to the Plat thereof, as recorded in Plat
Book 6, at Page 132, of the Public Records of Miami -Dade County,
Florida.
Lots 3 and 4, in Block 7, of BILTMORE, according to the Plat thereof,
as recorded in Plat Book 6, at Page 67, of the Public Records of Miami -
Dade County, Florida.
Lot 22 and the East ''A of Lot 21, in Block 8, of BILTMORE, according
to the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public
Records of Miami -Dade County, Florida.
a/k/a/ The Moore Building
J. Rosen and Lot Building — 150 NE 41 St., 151 NE 40 St.
Legal Description: Lot 6, in Block 10, of BILTMORE SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida.
a/k/a — Rosen — 40th District
K. Mosaic and Lots Building —155 NE 40 St., 161 NE 40 St., 144 NE 41 St.
Legal Description:
Parcel A: Lots 8, 9, 10, 11 and 12, Block 1, of AMENDED PLAT OF
COMMERCIAL BILTMORE, according to the plat thereof, as recorded
in Plat Book 6, at Page 132, of the Public Records of Miami -Dade
County, Florida.
Parcel B:
Lot 7, in Block 10, of BILTMORE SUBDIVISION, according to the plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of
Miami -Dade County, Florida.
a/k/a/ Mosaic
L. Palmer Building — 158 NE 41 St.
Legal Description: Lot 5 and the West 20 feet of Lot 4, Block 10, BILTMORE
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book
6, at Page 67, of the Public Records, Miami -Dade County, Florida,
Excepting therefrom the following part of the West 20 feet of Lot 4:
Begin at the Southwest corner of said Lot 4, Block 10, of the aforesaid
BILTMORE SUBDIVISION; thence East along the South line of said
Lot 4 for a distance of 20 feet; thence North parallel with the West line
of said Lot 4 for a distance of 20 feet to a point; thence Southwesterly
along a tangent circular curve having a radius of 20 feet through a central
angle of 90 degrees for an arc distance of 31.42 feet to the Point of
Beginning.
a/k/a/ The Palmer Building
CERTIFICATE OF
DACRA DESIGNMIAMI (DEL.) LLC
The undersigned, the Vice President of Miami Design District Associates Manager, LLC,
a limited liability company organized and existing under the laws of the State of Delaware, does
hereby certify as follows:
1. Dacra DesignMiami (Del.) LLC (the "Company") is the owner of the property
described on Exhibit A hereto.
2. The management of the Company is vested in Miami Design District Associates
Manager, LLC, a Delaware limited liability company (the "Manager").
3. The persons named below have been duly elected, have been duly qualified, and
at all tunes have acted, as officers of the Manager, holding the respective offices below set
opposite their names.
Name Office
Craig Robins President
Steven Gretenstein Vice President
4. Pursuant to the attached Unanimous Written Consent of the Managers of Miami
Design District Associates, LLC, each of the President and/or the Vice President of the Manager,
without the execution or joinder of the other, has the full power and authority to execute
applications and petitions in the name, and on behalf, of the Manager, in the name of and on
behalf of the Company.
5. This Certificate may be relied upon by the City of Miami, and/or Miami -Dade
County, and/or governmental authorities.
/IWapcI
IN WITNESS WHEREOF, I have hereunto set m
, 2011.
enstem
d as of this l/ day of
EXHIBIT A
The West 50 feet of Lot 1, and Lots 7 to 14, both inclusive, and Lots 24 to 31, both inclusive, Block 1,
COMMERCIAL BUENA VISTA, according to the plat thereof, as recorded in Plat Book 14, at Page 56,
of the Public Records of Miami -Dade County, Florida; together with
Lots 8 and 9, Block 2, of MAGNOLIA COURT, according to the plat thereof, as recorded in Plat Book 6,
at Page 105, of the Public Records of Dade County, Florida.
Also known as:
The West 75 feet of Lot 1, less the East 25 feet thereof, and Lots 7 to 14, both inclusive, and Lots 24 to
31, both inclusive, Block 1, COMMERCIAL BUENA VISTA, according to the plat thereof recorded in
Plat Book 14, Page 56, of the Public Records of Miami -Dade County, Florida, together with
Lots 8 and 9, in Block 2, MAGNOLIA COURT, according to the Plat thereof as recorded in Plat Book 6,
Page 105, of the Public Records of Miami -Dade County, Florida.
UNANIMOUS WRITTEN CONSENT
OF TILE MANAGERS OF
MIAMI DESIGN DISTRICT ASSOCIATES, LLC
The undersigned, being the all of the Managers of Miami Design District Associates, LLC, a
Delaware limited liability company (the "Company"), do hereby adopt the following resolutions by written
consent, in lieu of a meeting, pursuant to Section 7.24 of the Amended and Restated Limited Liability
Company Agreement of the Company:
PALM BOOTH
WHEREAS, McCrory Design Associates (Del.) LLC ("Buena Vista Owner"), Miami Avenue
(Del.) LLC ("Booth Owner") and Dacra DesignMiami (Del.) LLC ("Palm Lot Owner") (each herein
called an "Owner" and all are collectively called the "Owners") each is a subsidiary of the Company and
owns certain real property in the City of Miami, Florida (the real property owned by each such Owner is
an "Individual Property" and the Individual Properties are together called the "Individual Properties");
and
WHEREAS, each of the Individual Properties abuts NE 1st Court, a public street, and the Board
of Managers deems it advisable and in the best interests of the Company to vacate NE lst Court, to the
extent that it abuts the Individual Properties, so that ownership of such street shall vest in the Individual
Owners or such of the Individual Owners as may be determined by the Manager as set forth below;
WHEREAS, Booth Owner and Palm Lot Owner is each managed by Miami Design District
Associates Manager, LLC ("Manager"), which is also a subsidiary of the Company, and the sole member
of Buena Vista Owner is MDA Member, LLC ("MDA"), which is also a subsidiary of the Company and
is managed by Manager;
NOW, THEREFORE, BE IT RESOLVED, that the Company shall cause the Owners to vacate
NE 1st Court, to the extent that it abuts the Individual Properties, and in connection therewith, shall do all
things necessary or desirable to effectuate such vacation, including, without limitation, the platting of the
Individual Properties and the vacated portion of Northeast lst Court (collectively, the "Palm Booth
Properties");
FURTHER RESOLVED, that Manager shall, in its own name or in the names of the Individual
Owners and/or MDA, as applicable, do all things required to effectuate and cause the Individual Owners
and/or MDA to effectuate such vacation and the platting of the Palm Booth Properties, including, without
limitation, the determination of which of the Individual Owners shall acquire title to the vacated street,
the execution of all applications and related documents, and the making of appearances and filing papers
before all governmental agencies whose approval is required, in order to effectuate, complete, perfect and
confirm such street vacation and platting (all of the foregoing are called the "Authorized Activities");
FURTHER RESOLVED, that the President or the Vice President of the Manager, acting singly
or together, be, and hereby are, authorized, empowered and directed to take all such further actions and/or
steps on behalf of the Company, the Individual Owners and/or MDA, as applicable, in furtherance of the
Authorized Activities and without limitation of the foregoing, are hereby are, authorized, empowered and
directed to sign, execute, verify, acknowledge, certify, file and deliver all applications for tentative plat
approval, site plan approval, and final plat approval, and other applications, as well as plats and such
agreements, instruments, joinders, subordinations, documents, consents, certificates, notices, applications,
instruments and documents as such officers shall in their reasonable and good faith judgment be
necessary, desirable, or appropriate in order to effectuate the purposes of the foregoing resolutions;
RESOLVED, that the taking of any actions and/or steps authorized by any of the foregoing
resolutions, and each of them, by or at the direction of the President or Vice President be, and they hereby
are authorized and empowered to be, deemed conclusive proof of the approval thereof by the Board of
Managers of the Company; and
RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all
acts authorized herein that were performed prior to the passage of these resolutions be, and they hereby
are, approved, ratified and confirmed in all respects.
FURTHER RESOLVED, that the proper officers of the Company are hereby authorized,
empowered and directed, in the name and on behalf of the Company, to take or cause to be taken all such
actions, and
FURTHE RESOLVED, that the execution of this written consent may be performed in
counterpart and that 1 ch counterparts shall c. • prise and constitute one document.
IN WITNES : ' 1 \,
REOF, the • anagers of the C. p.i y h. hereunto set their hands as of
the a day of January, ' 1
Craig Robins
Alain Hortion
ven Grete
tein
atliieu LeBozec
Being all of the managers of the Company.
This instrument prepared by
Linda Ebin, Esq.
Dacra Development Corp.
3841 NE 2nd Avenue, Suite 400
Miami, FI, 33137
Telephone: 305-531-8700
Grantee's Tax ID No.:
Property Appraiser's
Parcel Identification No.: 01 312 4030 0170
CFN: 20100869817 BOOK 27538 PAGE 57
DATE:12/30/2010 09:44:49 AM
DEED DOC 8,225.40
SURTAX 6,169.05
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
SPECIAL WARRANTY DEED
AND ASSIGNMENT OF LEASE AND EASEMENT
This Special Warranty Deed and Assignment of Lease and Easement is made this 29'h
day of December, 2010, by RICH-CHRIS CORP., a Florida corporation (the "Grantor") in favor
of DACRA DESIGNMIAMI (DEL.) LLC, a Delaware limited liability company, successor by
statutory conversion to DACRA DESIGNMIAMI, LTD., a Florida limited partnership (the
"Grantee"), whose post office address is 3841 NE 2nd Avenue, Miami, FL 33137.
WITNESSETH, that the Grantor, for and in consideration of the sum of TEN ($10.00)
DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, to it in hand paid by
the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the
Grantee, and Grantee's successors and assigns forever, the following described land, situate, and
being in the County of Miami -Dade County, State of Florida, more particularly described on
Exhibit "A" attached hereto and made a part hereof;
TOGETHER WITH all right, title and interest of Grantor in and to the Billboard Lease
and Easement described on Exhibit "B" attached hereto and made a part hereof (the "Billboard
Interest").
SUBJECT TO:
1. Real estate and personal property taxes and assessments for 2001 and subsequent
years.
2. Covenants, conditions, restrictions, limitations, plats, easements and other
documents, instruments, agreements and matters of record.
G1shared Work \CE- Data1LE1DACRA\Palm Lot1WTYDEED 004.docx
CFN: 20100869817 BOOK 27538 PAGE 58
3. Applicable zoning and land use laws and ordinances.
4. Any leases, subleases and services contracts existing as of May 10, 2001, and
matters caused by Grantee (and/or its predecessor, Dacra DesignMiami, Ltd., or
its affiliates and their respective agents and employees).
And subject to the foregoing, the Grantor hereby fully warrants the title to said land and
Billboard Interest (as provided in this sentence), and will defend the same against the lawful
claims of all persons whomsoever claiming by, through or under the Grantor, but against none
other.
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and
claim whatsoever of the Grantor, either in law or in equity, to the proper use and benefit of the
Grantee, forever.
IN WITNESS WHEREOF, the Grantor has hereunto executed and delivered this
instrument.
Signed, sealed and delivered
in the presence of:
Print Name: ST(J 'e T co)
ex.JA�
Print Name: R ; > ec.kkA trirr; .
STATE OF FLORIDA
)SS:
COUNTY OF MIAMI-DADE
RICH-CHRIS CORP., a Florida
corporation
BY:
I Preside t
(SEAL)
The foregoing instrument was acknowledged before me this 0117 day of December, 2010,
by Patience P. Flick, the President of RICH OR)?.,..a_Florida corporation, on behalf of
that corporation. Such person is ersonally known to 1:29 or has produced
as identification.
My Commission Expires: 7/ ((61f
nkq//
m 1SES,4 /�i_i.
� MIS�c/py.�92
*?� SAY 1,?oj4
G:\ Shared WorkICE - Data \LE\D,6LEbtahn Lot DEED tplifigre-
/j� �+TE1`•
�������
2
benv.".,;.e. J M
Print Name: D ENEtS e Si M�itJA'hARA
NOTARY PUBLIC, State of Florida
Commission No.: DD G'7g kio
CFN: 20100869817 BOOK 27538 PAGE 59
EXHIBIT "A"
Coconut Palm Parcel:
Parcel 1
The West 50 feet of Lot 1, and Lots 7 to 14, both inclusive, and Lots 24 to 31, both inclusive, Block 1,
COMMERCIAL BUENA VISTA, according to the plat thereof, as recorded in Plat Book 14, at Page 56,
of the Public Records of Miami -Dade County, Florida; together with
Also known as:
The West 75 feet of Lot 1, less the East 25 feet thereof, and Lots 7 to 14, both inclusive, and Lots 24 to
31, both inclusive, Block 1, COMMERCIAL BUENA VISTA, according to the plat thereof recorded in
Plat Book 14, Page 56, of the Public Records of Miami -Dade County, Florida, together with
Parcel 2
Lots 8 and 9, in Block 2, MAGNOLIA COURT, according to the Plat thereof as recorded in Plat Book 6,
Page 105, of the Public Records of Miami -Dade County, Florida.
C:\NrPortblNIAMI\SCORDOVES\2382647 1.DOCX
CFN: 20100869817 BOOK 27538 PAGE 60
EXHIBIT "B"
Billboard Lease and Easement:
All right, title and interest of Grantor in and to the 3M Media Lease Renewal Agreement dated April 23,
1998, between Grantor, as landlord, and National Advertising Company, as tenant, d/b/a 3M Media (the
"Billboard Lease").
TOGETHER WITH all rights of Grantor in, to and under the following easement in the "Easement
Parcel" described below, which easement was created by reservation in Special Warranty Deed from
Rich -Chris Corp to Sound Imex Corp., recorded in Official Records Book 21824, Page 3756, Public
Records of Miami -Dade County, Florida:
"Further, Grantor, for the benefit of itself, its successors and assigns, hereby reserves and retains: (i) a
perpetual, exclusive easement over, under and across that portion of the lands conveyed hereby which is
subject to the Billboard Lease for the construction, operation, maintenance, repair, reconstruction and
replacement of any structures or improvements now or hereafter existing or constructed upon such portion
of the lands (and the right to reasonably relocate same to such portion of the lands as Grantor may
reasonably elect, so long as such relocation does not unreasonably interfere with the intended use of the
lands), together with the right of ingress and egress, and for utility services over, under and about the
lands for such purposes; and (ii) the exclusive right and easement to lease or license (and to continue to
lease or license) that portion of the lands which is the subject of the Billboard Lease (as same may be
relocated in accordance with this subsection) on such terms and conditions as Grantor shall elect (and to
retain all income and other remuneration therefrom)."
Easement Parcel:
Lots 18 and 19, YOUNG'S ADDITION, as per Plat thereof, recorded in Plat 3 at Page 20 of the Public
Records of Miami -Dade County, Florida, LESS and EXCEPT that portion of Lot 19 previously deeded to
the State Road Department being more particularly described as follows: To wit:
Begin at S.W. corner of said Lot 19, run thence North along West line of said lot a distance of 27.94 feet;
thence S 86°27'52" E a distance of 120.10 feet to a point on the Easterly line of said Lot 19; thence
Southerly along said Easterly line of said Lot 19; thence Westerly along the Southerly line of said Lot 19,
a distance of 119.95 feet to a Point of Beginning.
By its acceptance of this deed, Grantee hereby assumes the obligations of Grantor under the Billboard
Lease which first arise or accrue from and after the date of this deed.
G:'Shared Wort\CE . Data\LET ACRA\Pa1m Lot1W TYDEED 004.docx
2
BUSINESS ADDRESS:
7 A gun
CITY OFMIAMI
°*, I DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
IIOME ADDRESS:
CITY:
(First Name)
(Middle) (Last Name)
(Address Line 1)
HOME PHONE:
EMAIL:
(Address Line 2)
STATE: Florida ZIP:
CELL PHONE: FAX:
BUSSINESS or APPLICANT or ENTITY NAME
62Dt J 31 bN /15c,ocur (Da L L,C. •
th'v0 14)441 ftLS Cam L�
?yi AE 01,40 I �/orp
33s4ine1)
Mt MO FL-3)
(Address Line 2)
16/0 117)14
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Close, Vacai € and n bandon From public use 4ha+
portion o 4' NE 1 Cou 4 b e f wee/ WE 3o S%ree% and
N E 3 9 Sires✓-%
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
❑ YES LJ '"0
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a. IA
I'
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
AO
5. Describe what is being requested in exchange for the consideration.
N//1
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance;
or civil penalties that may be imposed under the City Code, upon determination by
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without
effect; and
2. no application from any person or entity for the same issue
considered by the applicable boa unt . t r
nullification of the application or •
the disclosure requirements
and that in addition to the criminal
the City Commission that the foregoing
further force or
shall be reviewed or
o,f nAttrrc e) t Ec
UL� CJ 1 LII I
of
r —
PERSON SUBMITTING DISCLOSURE:
igna ure
'
-v>✓ 3 as tn,i1 5r J VP
Print Name
l
, 200 t t . The foregoing
90Sworn to and subscribed before me this day of 0O,c.O\
Page 2
instrument was acknowledged before me by c7c o�
f\ who has prochicod
as identification and/or is •erson ' • ' 1 to
o dic/ MIMAMR Mb oath
r° '(n : MY COMMISSION #DD919077
WIRES: AUG 23, 2013
Banded through 1st State Insurance
97,. �� /
STATE OF FLORIDA ��'•
'
CITY OF MIAMI
�.(
MY COMMISSION
e, LG//�' ` Notary
EXPIRES: Ivl I(;� 1O dovo,(
Print Name
Enclosure(s)
Doc. No.:86543