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HomeMy WebLinkAboutPZAB 10-19-11 Supporting DocsPZAB.9 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 04-00897cr Title: Location: Applicant(s): A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RELEASE TO A DECLARATION OF RESTRICTIONS ("COVENANT") DATED DECEMBER 20, 2004 AND RECORDED IN OFFICIAL RECORDS BOOK 22923, PAGES 3035-3038, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 & 2295 SOUTHWEST 37TH AVENUE; 3685 & 3695 SOUTHWEST 23RD STREET; AND 3672 & 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA. Approximately 2255, 2263 & 2295 SW 37th Avenue; 3685 & 3695 SW 23rd Street; and 3672 & 3688 SW 22nd Terrace [Commissioner Francis Suarez - District 4] Patricia M. Baloyra, Esquire, on behalf of Berkley Investment Holdings, LLC, Owner and Rex Art Residences LLC, Contract Purchaser One Biscayne Tower 2 South Biscayne Boulevard, 21st Floor Miami, Florida 33131 (305) 373-9470 Zoning: T6-8-O Urban Core Zone Purpose: This will allow the release of the above -mentioned covenant relating to all the properties herein specified and previously -approved multifamily residential building with a maximum F.A.R. of 2.4 for the entire properties. The current Miami 21 zoning designation allows for an F.L.R. of 5 with a "T6-8-O" Urban Core Zone designation. Release of this covenant will not impact the approved zoning. Planning & Zoning Recommendation: Approval Analysis: See supporting documentation. Planning, Zoning and Appeals Board: October 19, 2011 -ARAGON-AVE •EM IRACHWEEM I ILE -ANDAI:USI•A-AVE MIAMI 21 ZONING VALENCIA AVE AL-MERIA-AVE SEVIL-L-A-AVE 0 125 250 500 Feet 1 1 1 1 1 1 1 1 1 T3=O s. SW 23RD ST SW 23RD TER, ADDRESS: 2255-2295 SW 37TH AVE, 3685-3695 SW 23 ST, 3672-3688 SW 22ND TERR t% h Tr �ANDALUSIA AVE m T T _ _ 4. CW,j Qy AERIAL V L, i * fi I. i 1 .__1+'-Ni. Sji)b._ n• ALMERIA AVE „ „ ••'"rl 0. 0 125 250 500 Feet . SW 23RD TER ADDRESS: 2255-2295 SW 37TH AVE, 3685-3695 SW 23 ST, 3672-3688 SW 22ND TERR PC BROAD AND CASSEL ATTORNEYS AT LAW September 1, 2011 VIA HAND DELIVERY Mr. Anel Rodriguez Hearing Boards Section City of Miami 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 ONE BISCAYNE TOWER 2 SOUTII BISCAYNE BLVD. 21ST FLOOR MIAMI, FL 33131 TELEPHONE:305.373,9400 FACSIMILE: 305.373.9443 WW W.EROADANDCASSEL.COM PATRICIA M. BALOYRA, P.A. 't�� DIRECT LINE:305.373.9470 4'^1' DIRECT FACSIMILE: 305.995.6396 i" EMAIL: PRALOYRA rr DROADANDCASSEL.COM,,,,,,,1 Re: Letter of Intent for Public Hearing Application for Release of Covenant for Douglas Residences, 2263 SW 37 Avenue, 2295 SW 37 Avenue, 2255 SW 37 Avenue, 3685 SW 23 Street, 3695 SW 23 Street, 3672 SW 22 Terrace, 3688>.SW 22 Terrace Dear Mr. Rodriguez: On behalf of Berkley Investment Holdings, LLC, a Florida limited liability company, this firm submits a Special Appearance Application for public hearing for release of the enclosed Declaration of Restrictions ("Covenant"), proffered to the City of Miami in and recorded in the public records of Miami -Dade County on December 20, 2004, at OR Book 22923 Pages 3035- 3038. The Covenant restricted development of the subject property to plans submitted for a previously -proposed development, which was never undertaken. On March 24, 2011, the City of Miami approved the enclosed Waiver (File Number 11- 0006) for the property to be developed under a new plan. As such, we are seeking a release of the Covenant so that the property may be developed consistent with the Waiver. We ask that you place us on the earliest agenda possible of the PZAB. Please contact me at 305.373.9470 if you have any questions. Thank you. Sincerely, is M. Baloyra, P.A. BOCA RATON • DESTIN • FT. LAUDERDALE • MIAMI • ORLANDO • TALLAHASSEE • TAMPA • WEST PALM BEACH 4848-4080-6410.1 44628/0012 pmb (T) 111111111111111111111111111111111111111111111 CFN 2004- 1137 :35 OR Eh 22423 Fss 3035 - 3033i (4p9s) RECORDED 12/20/2004 16:04:40 HARVEY RUVIN, CLERK OF COURT MIAMII-DADE COUNTYf FLORIDA This instrument prepared by and should be retumed to: A Vicky Garda -Toledo, Esq, BilzIn Sumbery Baena Price & Axelrod LLP 2500 Wachovla Financial Canter 200 South Biscayne Boulevard Mlaml, Florida 33131.5340 (Space Above For Recorders Use Only) DECLARATION OF RESTRICTIONS The undersigned, as Owner of the following described real property (the "Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally described as: Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, In Block 6, of Amended Plat of Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida, LESS the North 10 feet of Lots 43, 44, 45 and 46; AND LESS that portion of Lots 46, 47, 48, 49 and 50, lying within 35 feat of the center line of S.W. 37th Avenue, alkla Douglas Road, as shown In State Road Department Map, recorded In Plat Book 76, Page 26, of the Public Records of Miami - Dade County, Florida,_ being more fully described as -follows• A portion of Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, in Block 6 of Amended Plat of Miami Suburban Acres, according to the plat thereof as recorded in Plat -Book 4, Page 73, of the Public Records of Mlami-Dade County, Florida being more particularly described as follows; Begin at the Southeast corner of said Lot 54 in Block 6; thence North 00°05'39" West along the East line of said Lots 54 and 43 for 283.12 feet to a point on a line being 10,00 feat South of, as measured at right angles to, the North line of said Lots 43, 44, 45 and 46; thence South 89°59'48" West along said tine being 10.00 feet South of the North line for 264.51 feet to a point on a line being 35,00 feet east of, as measured at right angles to the center line of S.W, 37th Avenue, as It now exists; thenoe South 00°12'20" East along said line being 35.00 feet east of said center tine for 233,11 feet to a point on the South line of said Lot 50; thence North 89°59'43" East along said South line for114.10 feet to the Southeast corner of said Lot 50; thence South 00°06'32" East for 50.02 feet to the Southwest corner of said Lot 52; thence North 89°59'43" East along the South line of said Lots 52, 53 and 54 for 149.94 feet to the Point of Beginning. Said lands lying and being in Mlami-Dade County, Florida and containing 69,057 square feet or 1,585 acres. Street Address: 2255 S.W. 37 Avenue, 2263 S.W. 37 Avenue, 2295 S.W. 37 Avenue, 3695 S.W. 23 Street, 3685 S.W. 23 Street, 3688 S.W. 22 Terrace and 3672 S.W. 22 Terrace. MIAMI 679704,2 7585920279 11/11/04 9:44 AM Book22923/Page3035 CFN#20041137835 Page 1 of 4 IN ORDER TO ASSURE the City of Miami that the representations made to them by the Owner will be abided by, the Owner, its heirs, successors and assigns, freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: IV. That this Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida and is subject to and conditioned upon the approval by the City of Miami Commission, of the establishment of an SD-19 overlay district over the entire Property with an F.A.R. of 2.4 and rezoning of the following property from R-2 (Two -Family Residential) to C-1 (Restricted Commercial): 3695 S.W. 23 Street, 3685 S.W, 23 Street, 3688 S.W. 22 Terrace, and 3672 S.W. 22 Terrace. Notwithstanding the land use and zoning applicable to the Property, the use of the Property shall be limited as follows: That the Property shall be developed in accordance with those certain plans prepared by Wolfberg/Alvarez & Partners, dated June 21, 2004, on file at the City of Miami Office of Hearing Boards, and expressly made part of this Declaration by reference subject as if they were recited in full herein only to any changes required by the Planning and Zoning Department and/or building permit requirements. Covenant Running with the Land. This Declaration on the part of the Owners shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owners, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future Owner of the real property and for the public welfare. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the then current Owner of the Property, including joinder of all mortgages, if any, provided that the same is also approved by the City of Miami, Florida, after public hearing at the expense of Owner. The public hearing shall, at a minimum, afford notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls on the date of application and be in a form acceptable to the Director of the City of Miami Department of Planning and Zoning and in a legal form acceptable to the City Attorney. MIAMI 679704.2 7585920279 11/11/049:44 AM Book22923/Page3036 CFN#20041137835 Page 2 of 4 V. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit, pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of their attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. VI. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. VII. Authorization to Withhold Permits of Inspections. In the event any terms of this covenant are not being complied with, in addition to any other remedies available, the City of Miami is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as such declaration is complied with. VIII. Severability. Invalidation of any one of these covenants, by Judgment of Court, in no way shall affect any of the other provisions which shall remain in full force and effect. IX. MIAMI 679704,2 7585920279 11/11/04 9:44 AM Recording. The Owner, at its own cost, shall record this Declaration in the public records of Miami -Dade County, Florida immediately upon the expiration of the appeal period, which is thirty (30) days from execution by the Mayor following acceptance and approval by the City of Miami Commission. The Owner shall furnish a recorded copy of the Declaration to the City Planning and Zoning Director within thirty (30) days of its recordation, Book22923/Page3037 CFN#20041137835 Page 3 of 4 Witnesses: /t-f/Wii< / . Sfel Print Name Print Name Print Name Print Name STATE OF FLORIDA } SS. COUNTY OF MIAMI-DADE OR EK 2.29'23 F'G 3038 LAST PAGE Owner: MORRIS INVESTMENT PARTNERSHIP A Florida Limited Liability Partnership, f/k/a Morris Investment Partnership, a Florida General Partnership By: = —( - Aaron M. Morris, as Trustee of the Aaron M. Morris Trust Declaration u/a/d 1/23/91, General Partner By: s Anna Rochel Morris, as Trustee of the Anna Roch le Morris Trust Declaration ula/d 8/13/92, General Partner Th foregoing instrument was acknowledged before me this /i day of , 2004 by Aaron M. Morris, as Trustee of the Aaron M. Morris Trust Declaration u/a/d 1/23/91, General Partner, and Anna Rochelle Morris, as Trustee of the Anna Rochelle Morris Trust Declaration ula/d 8/13/92, General Partner, who are personally known to me or produced valid drivers licenses as identification. My Commission Expires: Notary Public Sign Name: 4, 6 Print Name: :p4 iy Commies/co DD043737 OF F Fxoiree September 2a, 2006 MIAMI 679704.2 7585920279 11/11/04 9:44 AM e- Book22923/Page3038 CFN#20041137835 Page 4 of 4 sal FINAL. DECISION ile NO. i3Oi106' ,k , � nce,$' •'I?o r•leda ski1' Cb Suite #204 i,i , 331 g 0. I*?'ba411,a by c' f 0 Zoning Aci; trator Yn �i " a6 Ofipgo'2 ri Grp, a lf;;f' <t�`t�, �! d ..t ,LEASE' ' 'OTiCE TH➢1'I'AXE L DECISION HAS SEEN REACHED ON THE FOLLOWING MATTER: Tom" Titl i 6 Rentals sf 2283 SW 379' Avenue Miami, Final Decision: Q Approval el Approval with condition © Denial FINDINGS AND CONDJTIONS: The subject proposal has been reviewed for WAIVERS pursuant to Article 7, Section 7.1,2.5 of the Miami 21 Ordinance of the City of Miami, Florida, Article 4, Table 8 allows reduction of loading berth dimensions, and Section 7.1.2,6 (28) allows minor deviations up to a maximum of 10% of any standard of the code except density, intensity or height. The Office of Zoning has made referrals to the following Departments, • Planning Department • Public Works Their comments and recommendations have been duly considered and are reflected in this final decision. in reviewing this application the following findings have been made: FININGS; • It Is found that the zoning designation in this parcel is a T6-6-O, Urban Cora Zone. • It Is found that this application is for a new Seven (7) Story Multifamily Residential Building (82'-8' in height at roof slab), with 237 dwelling units and 7,000 square feet of Commercial Space, • It Is found that a total of 396 parking spaces are required and 386 parking stalls will be provided. • It is found that applicant pursuant to Article 4, Table 5, Is seeking Waiver approvaf for a reduction of one (1) loading berth from 12'x35' to 10'x20', This Waiver will reduce the practical difficulty in meeting the maneuvering of the loading requirement standards of the transect Zone, • It is found that the applicant pursuant to Section 7,1,2,5 (28), is seeking Waiver approval for a reduction of the backup distance from 22-0" to 22'.0", This Waiver will reduce the practical difficulty in meeting the backup requirement standards of the transect zone. UO(J.M/LCJll W7;0J J1="41b-41tt! 1iu1LU1NV 1)t1-"I MAN/ t A(±. U3/ b4 dyirw�l �<rlid�t41` ` `tt \ ptt. '3ased an JV trralter and FINAL DECISION cap, „ r1 �, , nt to Section 7.1.2.5 (28), is seeking Waiver approval fora principai ! ,` 9- •�w,�„�,ire1�r 10'-0" is required, This Waiver will allow a more harmonious �> ,foi tiiaitar de fronting the street, rAas beeon'',re'4I6 d and found sufficient. • fJ>�, aaove findln'8 „an�l `e Considered advice of the officers and agencies consulted on this rsuant kooArtihie�4` abler S and Section 7.1.2,5 (28) of the Miami 21 Ordinance, the „croti5,r ereby, ra, proved with the following conditions subject to the plans and rr,�, 1/21 ,41 t 643 supple e itaf fi natarief ?i'rtfrit'ted by the applicant and on fife with the of Zoning Department: Note; The Waiver approval is conditioned on a full review by the Office of Zoning at time of building permit, Any substantial changes that arise may require a new Waiver. Approval of this Wslvsr also includes the following temporary permits. Before construction starts, the applicant shall submit to the °Moe of Zoning for approval detailed plans and information, for the following Temporary permits: 0 t be required at Building Permit application, 4A/nership is required that all Tots in Lad Survey belonged to same owner prior to S120/2010, to develop this project as a single site, 3. 25-foot corner radius dedication on the northwest comer of the project is required. 4, 10-foot dedication along the north slue (SW 22 Terrace) of the project is required, 5, A covenant between the City of Miami and the property owner for any landscaping, irrigation, decorative lighting, decorative sidewaik treatment, etc. located the right of way shall be required. 6, All storm water must be retained on site incfuding the driveways and plazas on private property adjacent to the public streets. 7. Roadway cross sections must meet City of Miami Standards, 8, Standard City of Miami (A.D.A, compliant) driveway entrances shall be required, 9, 10-foot by 10-foot visibility triangles are to be located beginning at the Right of Way Line. 10. On street parking to be coordinated with Miami Parking Authority. 11. All turning radii to be verified. 12. Standard roadway improvements may be required on City Streets. 13. Garage access openings shall be provided with doers that screen views into parking and loading areas. 14, Street trees shall be located with the public right -of way at bulk of curbs. if this is not possible due to right-of-way obstructions; a letter from the Public Works Department stating why the right-of-way is not feasible. • Temporary Permit, as per City Code Chapter 62, Section 62.529.6, to allow temporary off-street offsite parking for construction crews working on a project under construction; o Temporary Permit, as per City Code Chapter 62, Section 62-529.6, to allow construction trailer(s); • Temporary Permit, as per, City Code Chapter 62, Section $2-529.6, to allow temporary development and construction, tl 7JW 11.,-L1IYl'I war' 1 I.111-1I.11 1-MVL. U4/ J't l Yrrv..,���.�.�\. �`.,;Y ti��,�r4 -9 y 4ven ue 7 • 7 1' t o y 1!"; P r,' •.try e b tiii . +g,t� SAdministrator may be appealed to the Planning, Zoning and 6, y I' t.. 1 ` ig rre a •arty, within fifteen (15) days of the date of issuance by filing a aii0ippropriate 1fee with the Office of Hearing Beards, located at 444 SW 266 t;,! .M.irarni, fi 343 3, Telephone number (305) 416.2030. FINAL DECISION py 14i ` ning d •thOtia or s w�� . •�t`rting NOTICE • Z , 11 Date: SPECIAL APPEARANCE APPLICATION HEARING BOARDS 444 SW 2nd Avenue, 71h Floor • Miami, Florida 33130 • Telephone 305-416-2p3 www.miamigov.com/hearing_boards Welcome to the Cityof Miami! This application is intended to serve as aguide in assistingyou PP with our public hearing process. Please feel free to contact us, should you have any questions. i! 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 (8'/2x11 ") 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. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Office of Zoning. SPECIAL APPEARANCE APPLICATION ,AF+FIDAV,IT OF AUTHORITY TO ACT Before me this day, theundersigned personally appeared Patricia M. Baloyra , who being by 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 listed .on the foregoing pages. 2. That'.'aIl ,.owners' who ,he/she represents, if any, have given his/her full and complete permission for him/her°4o,act in his/her -behalf fo'the change or modification of a classification or regulation of zoning as set out in'the foregomg.petition, x 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 sayeth not. Patricia M. Baloyra Applicant(s) Name Appli.ca1it(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 30th day of August 2011 , by Patricia M. Baloyra _ who is a(n) individual/partner/agent/corporation of Berkley Investment Holdings, LLC a(n) individual/partnership/corporation. He/She is personally known to me or Who has produced as identification and who did (did not) take di (Stamp Rev. 06-2011 9 (Stamp) SPECIAL APPEARANCE APPLICATION IDISC.LOS.URE OF OWNERSHIP List the owner(s) f'of the 'subject property ;and percentage of ownership. Note: The Miami City Code requires disclosure :of all parties having a .'financial interest, either direct or indirect, with respect to a presentation,request or.,petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please:, supply additional lists, 'if necessary. 'Owner's Name,(es) Berkley Investment .Holdings, LLC: Patrick laboni, Roland DiGasbarro, Stephen Vecchitto, and Rogelio A. Tovar Percentage of Ownership -'100 Contract Purchaser's Name(s) Rex Art Residences LLC, a Delaware Limited Liability Company, whose sole member is MCRT Rex Art LLC, a Delaware Limited Liability Company, whose Senior Managing Director is Callum Parrott, and whose sole member is MCRT South Florida LLC, a Delaware Limited Liability Company, whose Executive Managing Director is Mark R. Dempsey, and whose managing member is Mill Creek Residential Trust LLC, whose Chairman and CEO is Charles R. Brindell, Jr. Subject Property Address(es) 3685 SW 23 Street; 3672 SW 22 Terrace; 2263 SW 37 Avenue; 3688 SW 22 Terrace; 2295 SW 37 Avenue; 2255 SW 37 Avenue; 3695 SW 23 Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): none Patricia M. Baloyra Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE or Attorney Signature The foregoing was acknowledged before me this 30th day of August 2011 , by Patricia M. Baloyra who is a(n) individual/RrOgr/agent/corporation of Berkley Investment Holdings, LLC a(n) individual/ artne pion. He/She is personally knqwn to me or who has produced a*� izoi tifot�i�and who did (did not) take sn oat'i • • • ,• 2% #EE 116556 : o Rev. O6-2011 3 Signature CONSENT IN WRITING OF 1kIL+ MANAGERS OF BERKLEY INVESTMENT HOLDINGS, LLC All of the undersigned, constituting all of the managers of Berkley Investment Holdings, LLC, a Florida limited liability company ("Company"), adopt the following as Resolutions of the Company: WHEREAS, the Company has entered into that certain Purchase and Sale Agreement ("Agreement") dated as of the 19th day of August, 2011 between Berldey Investment Holdings, LLC, a Florida limited liability company, as Seller, and Rex Art Residences, LLC, a Delaware limited liability company, as Purchaser; WHEREAS, Company and Purchaser are working with the City of Miami in connection with certain development matters relating to the real property which is the subject of the Agreement (`Property"); WHEREAS, the Company has determined it is in the best interests of Company to designate an authorized representative to represent and bind the Company in connection with transactions with the City of Miami and for all development, zoning and building matters relating to Property; RESOLVED, that Patricia M. Baloyra (the `Authorized Representative'), of Broad and Cassel, is authorized to take all actions she deems necessary or desirable with respect to dealings with the City of Miami for development, zoning and building matters related to the Property, including, but not limited to, the termination of those resolutions, agreements, and instruments described in Exhibit A attached hereto, provided, however, that the Authorized Representative may not make any concessions to procure the termination of the exceptions listed in Exhibit "A" hereto or bind the Property without the Seller's consent. DATED as of the 30th day of August 2011. Patrick laboni Roland DiGasbarro Stephen Vecchitto Rogelio A. Tovar CONSENT IN WRITING OF THE MANAGERS OF BERKLEY INVESTMENT HOLDINGS, LLC All of the undersigned, constituting all of the managers of Berkley Investment Holdings.. l.,I.,C. a Florida limited liability company ("Company"), adopt the fbIlowing as Resolutions of the Company: WHEREAS, the Company has entered into that certain Purchase and Sale Agreement ("Agreement") dated as of the 19th clay of August, 2011 between Berkley Investment Holdings, LLC, a Florida limited liability company, as Seller, and Rex Art Residences, LLC. a Delaware limited liability company, as Purchaser: WHEREAS, Company and Purchaser are working with the City of Miami in connection with certain development matters relating to the real property which is the subject of the Agreement ("Property"): WHEREAS, the Company has determined it is in the best interests of Company to designate an authorized representative to represent and bind the Company in connection with transactions with the City of Miami and for all development, zoning and building matters relating to Property; RESOLVED, that Patricia M. Baloyra (the "Authorized Representative"), of Broad and Cassel, is authorized to take all actions she deems necessary or desirable with respect to dealings with the City of Miami for development, zoning and building matters related to the Property, including, but not limited to, the termination of those resolutions, agreements, and instruments described in Exhibit A attached hereto, provided, however, that the Authorized Representative may not make any concessions to procure the termination of the exceptions listed in Exhibit "A" hereto or bind the Property without the Seller's consent. DATED as of the 301h day of August 2011. MANAGERS: Patrick laboni Roland DiGasbarro Stephen Vecchia() 'Rog lio A. Tovar CONSENT IN WRITING OF THE MANAGERS OF BERKLEY INVESTMENT HOLDINGS, LLC All of the undersigned, constituting all of the managers of Berkley Investment Holdings, LLC, a Florida limited liability company ("Company"), adopt the following as Resolutions of the Company: WHEREAS, the Company has entered into that certain Purchase and Sale Agreement ("Agreement") dated as of the 19th day of August, 2011 between Berkley Investment Holdings, LLC, a Florida limited liability company, as Seller, and Rex Art Residences, LLC, a Delaware limited liability company, as Purchaser; WHEREAS, Company and Purchaser are working with the City of Miami in connection with certain development matters relating to the real property which is the subject of the Agreement ("Property"); WHEREAS, the Company has determined it is in the best interests of Company to designate an authorized representative to represent and bind the Company in connection with transactions with the City of Miami and for all development, zoning and building matters relating to Property; RESOLVED, that Patricia M. Baloyra (the "Authorized Representative"), of Broad and Cassel, is authorized to take all actions she deems necessary or desirable with respect to dealings with the City of Miami for development, zoning and building matters related to the Property, including, but not limited to, the termination of those resolutions, agreements, and instruments described in Exhibit A attached hereto, provided, however, that the Authorized Representative may not make any concessions to procure the termination of the exceptions listed in Exhibit "A" hereto or bind the Property without the Seller's consent. DATED as of the 30d' day of August 2011. CONSENT IN WRITING OF THE MANAGERS OF BEItKLEY INVESTMENT HOLDINGS, LLC All of the undersigned, constituting all of the managers of Berkley Investment Holdings, 1..LC, a. Florida limited liability company ("Company"), adopt the following as Resolutions of the Company: WHEREAS, the Company has entered into that certain Purchase and Sale Agreement ("Agreement") dated as of the l9th day of August, 2011. between Berkley Investment Holdings, LLC, a Horida limited liability company, as Seller, and Rex Art Residences; LLC, a Delaware limited liability company, as Purchaser; WHEREAS, Company and Purchaser are working with the City of Miami in connection with certain development matters relating to the real property which is the subject of the Agreement ("Property"); WHEREAS, the Company has determined it is in the best interests of Company to designate an authorized representative to represent and bind the Company in connection with transactions with the City of Miami and for all development, zoning and building tnatters relating to Property; RESOLVED, that Patricia M. Baloyra (the "Authorized Representative"), of Broad and Cassel, is • authorized to take all actions she deems necessary or desirable with respect to dealings with the City of Miami for development, zoning and building matters related to the Property, including, but not limited to, the termination of those resolutions, agreements, and instruments described in Exhibit A attached hereto, provided, however, that the Authorized Representative may not make any concessions to procure the termination of the exceptions listed in Exhibit "A" hereto or bind the Property without the Seller's consent. DATED as of the 30th day of August 201 1. MANAGERS: Patrick Iaboni Roland DiGasbarro Stephen Vecchitto 4Rob lio Aovar Exhibit "A" 1. Unity of Title recorded in O. R. Book 12417 at Page 947; 2. Unity of Title recorded in O. R. Book 23882 at Page 4443; and 3. Declaration of Restrictions recorded in O. R. Book 22923 at Page 3035. CONSENT IN WRITING OF REX ART RESIDENCES, LLC The undersigned manager of Rex Art Residences, LLC, a Delaware limited liability company ("Company"), adopts the following as Resolution of the Company: WIIEREAS, the Company has entered into that certain Purchase and Sale Agreement ("Agreement") dated as of the 19th day of August, 2011 between Berkley Investment Holdings, LLC, a Florida limited liability company, as Seller, and Rex Art Residences, LLC, a Delaware limited liability company, as Purchaser; WHEREAS, Company and Seller are working with the City of Miami in connection with certain development matters relating to the real property which is the subject of the Agreement ("Property"); WHEREAS, the Company has determined it is in the best interests of Company to designate an authorized representative to represent and bind the Company in connection with transactions with the City of Miami and for all development, zoning, and building matters relating to Property; RESOLVED, that Patricia M. Baloyra, Broad and Cassel, is authorized to take all actions she deems necessary or desirable with respect to dealings with the City of Miami for development, zoning, and building matters related to the Property, including, but not limited to, the tennination of those resolutions, agreements, and instruments described in Exhibit A attached hereto. DATED as of the 30t1' day of August 2011. Rex Art Residences, LLC, A Delaware Limited Liability Company BY: MCRT Rex Art, LLC, A Delaware Limited Liability Company, Its sole member By: Callum Parrott, Senior Managing Director Exhibit "A" 1. Unity of Title recorded in O. R. Book 12417 at Page 947; 2. Unity of Title recorded in O. R. Book 23882 at Page 4443; and 3. Declaration of Restrictions recorded in O. R. Book 22923 at Page 3035. 1111111 I11111111111111 UIi11111111111 u111111 Prepared By: Kay Bains, Esq. Bradley Arant Boult Cummins, LLP 1819 fifth Avenue North Birmingham, Alabama 35203 Return To: Rosenthal Rosenthal Rasco Kaplan, LLC 20900 NE 30th Avenue, Suite 600 Aventura, EL 33180 STATE OF FLORIDA MIAMI-DADE COUNTY ) SPECIAL WARRANTY DEED CFN 2010R0818693 OR Bk 27512 Pss 1316 - 1319; (OW RECORDED 12/07/2010 13:45:53 DEED DOC TAX 24,000.00 SURTAX 18000.00 HARVEY RUVIMp CLERK OF COURT MIAMI-DADE COUHTYv FLORIDA KNOW ALL PERSONS BY THESE PRESENTS, that LMIW III, LLC, a Florida limited liability company ("Grantor"), whose address is 1900 5th Avenue North, 9th Floor, Birmingham, Alabama 35203, for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, to Grantor paid by BERKLEY INVESTMENT HOLDINGS, LLC, a Florida limited liability company ("Grantee"), whose address is c/o One Aventura, Suite 600, 20900 NE 30th Avenue, Aventura, FL 33180, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee the following described real property: See Exhibit A attached hereto and incorporated herein by this reference (the "Property"). Together with all the rights, tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. This conveyance is subject to: 1. Ad valorem property -taxes for the 201-0 tax yearandall subsequent years. 2. All easements, restrictions, reservations, encumbrances and other_ matters appearing of record. 3. Zoning and building laws, rules, regulations and ordinances, 1/2109055.3 Book27512/Page 1316 CFN#20100818693 Page 1 of 4 4. Matters that would be disclosed by an accurate survey of the Property. Grantor does hereby covenant and agree that it shall forever warrant and defend unto Grantee, its successors and assigns, the right and title of said Property against every person whomsoever lawfully claiming or to claim the same, or any. part thereof, by, through, or under Grantor, but not otherwise. TO HAVE AND TO HOLD unto Grantee and its successors and assigns in fee simple forever. THE SALE AND CONVEYANCE OF THE PROPERTY IS "AS -IS," "WHERE -IS" "WITH ALL FAULTS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BEING EXPRESSLY DISCLAIMED. GRANTOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO COMPLIANCE WITH LAWS, RULES, REGULATIONS, AGREEMENTS OR SPECIFICATIONS, NOR WITH RESPECT TO CONDITION, QUALITY, CAPACITY, DESIGN, OPERATION, ABSENCE OR ANY LATENT DEFECTS OR ANY OTHER WARRANTY OR REPRESENTATION WHATSOEVER WITH RESPECT TO THE PROPERTY, ALL OF WHICH ARE EXPRESSLY HEREBY WAIVED BY GRANTEE. [Remainder of Page Intentionally Blank] 1 /2109055.3 Book27512/Page1317 CFN#20100818693 Page 2 of 4 IN WITNESS WHEREOF, Grantor has caused this conveyance to be duly executed this 'l ST day of December, 2010. Witnesses: • Orrik /'$ ALA�,Mt� STATE OF FLORIDA ) 'S.e E-CZW )SS: COUNTY OF Mh . -DADU ) SELLER: LMIW III, LLC, a Florida limited liability company By: LMIW ACQUISITION MANAGEMENT, LLC, as Sole Member and Sole Manager of LMIW III, LLC By: REGIONS BANK, an Alabama banking corporation, its Sole Member and Sole Manager By: Name: Trudy yoros Title: Senior Vice President The foregoing instrument was aclmowledged before me this St day of December, 2010, by Trudy Mayoros, as Senior Vice President of Regions Bank, an Alabama banking corporation, the sole member and sole manager of LMIW Acquisition Management, LLC, the sole manager and sole meinber of LMIW III, LLC, on behalf of said limited liability company. Such person did take an oath and: (notary must check applicable box) is personally known to me. produced a current driver's license as identification. produced • o i-+, Jot ry'Seal must be affixed) This instrument prepared by: Kay K. Bains, Esq. Bradley Arant Boult Cummings LLP 1819 Fifth Avenue North Birmingham, Alabama 35203 12109055.3 as identification. ature of Notary fin Yl Dacn detrS Name of Notary Typed, Printed or Stamped My Commission Expires: (if not legible on seal): 10 $ - aD ) 3 Book27512/Page1318 CFN#20100818693 Page 3 of 4 OR BK 27512 PG 1319 LAST PAGE Exhibit A Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, in Block 6, of Amended Plat of Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida, LESS the North 10 feet of Lots 43, 44, 45 and 46; AND LESS that portion of Lots 46, 47, 48, 49 and 50, lying within 35 feet of the center line of S.W. 37th Avenue, a/k/a Douglas Road, as shown in State Road Department Map, recorded in Plat Book 76, Page 26, of the Public Records of Miami - Dade County, Florida, being more particularly described as follows: A portion of Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, in Block 6, of Amended Plat of Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of said Lot 54 in Block 6; thence North 00°05'39" West along the East line of said Lots 54 and 43 for 283.12 feet to a point on a line being 10.00 feet South of, as measured at right angles to, the North line of said Lots 43, 44, 45 and 46; thence South 89°59'48" West along said line being 10.00 feet South of the North line for 264.51 feet to a point on a line being 35.00 feet East of, as measured at right angles to the center line of S.W. 37th Avenue, as it now exists; thence South 00°12'20" East along said line being 35.00 feet East of said center line for 233.11 feet to a point on the South line of said Lot 50; thence North 89°59'43" East along said South line for 114.10 feet to the Southeast corner of said Lot 50; thence South 00°06'32" East for 50.02 feet to the Southwest comer of said Lot 52; thence North 89°59'43" East along the South line of said Lots 52, 53 and 54 for 149.94 feet to the Point of Beginning. Parcel I.D. Numbers: 01-4116-009-2651 01-4116-009-2660 01-4116-009-2670 01-4116-009-2680 01-4116-009-2710 0.1-41.16-009-2730 01=4116-009-2740 1/2109055,3 Book27512/Page 1.319 CFN#20100818693 Page 4 of 4 CITY 111Y11AMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION li°;i I; "r 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 thoul 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, fe1d;,,, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct 4„ 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: ROLAND DIGASBARRO (First Name) (Middle) (Last Name) HOME ADDRESS: 28 TAHITI BEACH ISLAND ROAD (Address Line 1) (Address Line 2) CITY: CORAL GABLES STATE: Florida ZIP: 33143 HOME PHONE: CELL PHONE: (3 0 5) 457 - 9176 FAX: EMAIL: BUSSINESS or APPLICANT or ENTITY NAME BERKLEY INVESTMENT HOLDINGS, LLC BUSINESS ADDRESS: SAME AS ABOVE (Address Line 1) (Address Line 2) 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. Release of Declaration of Restrictions affecting land located at 3685 SW 23 Street 3672 SW 22 Terrace, 2263 SW 37 Avenue, 3688 SW 22 Terrace, 2295 SW 37 Avenue, 2255 SW 37 Avenue & 3695 SW 23 Street. 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? ri YES — 0 NO 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. b. C. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or. effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: ignature ROLAND DIGASBARRO, MANAGER Print Name Sworn to and subscribed before me this day of % e 201 / The foregoing instrument was acknowledged before me by €�& �. tivho us_ doted as identification and/or is personally known to me and who did id�take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: Z./ gnacio E. r Notary rang° Print Name • IGNACIO E. ARANGO Notary Public State of Florid My Comm. Expires Feb 1, 2015 Commission # EE 60886 Bonoea impugn National Notary Assn. Enclosure(s) Doc. No.:86543 Page 2