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HomeMy WebLinkAboutApplication & Supporting DocumentsAkerman September 28, 2011 VIA HAND DELIVERY Mr. Anel Rodriguez, Administrator Office of Hearing Boards City of Miami 444 S.W. 2nd Avenue, 7th Floor Miami, FL 33130 Neisen O. Kasdin Akerman Senterfitt One Southeast Third Avenue 25th Floor Miami, Florida 33131 Tel: 305.374.5600 Fax: 305.374.5095 neisen.kasdin@akerman.com RE: 623 N.E. 27th Street, Miami, FL — Request for City Commission Special Appearance to Request Modification to Waterfront Setback and Waterfront Side Setback Requirements Dear Mr. Rodriguez: Our firm represents mckafka Development Group, LLC (hereinafter, the "Applicant"), the contract purchaser of a 27,575 sq. ft. parcel located at approximately 623 N.E. 27th Street (the, "Property") in the Edgewater neighborhood of the City of Miami (the "City"). The property has 225 ft. of water frontage and a lot depth of 88 ft. located on an inlet of Biscayne Bay and is subject to the waterfront setback and waterfront side setback requirements set forth in Sec. 3(mm)(ii-iv) of the City Charter. The Applicant proposes to construct a 95-unit multifamily residential building on a currently vacant parcel. Pursuant to the City Charter requirements, a 22 ft. waterfront setback and 56 ft. waterfront side setback are required. The charter setbacks when applied the property's dimensions, specifically its shallow lot depth and the location of the base building line (7' inside the property line), make the meaningful redevelopment of the Property a significant challenge. The situation is made all the more challenging when the setback requirements in Miami 21 are applied to the lot conditions. Therefore, the Applicant respectfully requests the City Commission's approval of the following modifications to the City Charter waterfront setback and waterfront side setback requirements: 1. Modification to the Charter Waterfront Setback: The City Charter requires that lots with a depth of less than 200 ft. provide a waterfront setback, measured from the mean high BOCA RATON DALLAS DENVER FORT LAUDERDALE JACKSONVILLE LAS VEGAS LOS ANGELES MADISON MIAMI NAPLES NEW YORK ORLANDO PALM BEACH SALT LAKE CITY TALLAHASSEE TAMPA TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH {20959002;1} September 28, 2011 Page 2 water line provided along any waterfront, equal to 25% of the lot depth. In the case of the subject Property, the required waterfront setback equals 22 ft. The proposed Project provides a waterfront setback ranging from 10 ft. at its narrowest point to more than 27 ft. at its widest point and will result in the construction of a 18-story building located 10 ft. from the edge of the waterfront with a sheer building face. Therefore, the Applicant requests a modification to the waterfront setback that will permit a 10 ft. setback at its narrowest point. 2. Modification to the Charter Waterfront Side Setback: The City Charter requires a waterfront side setback equal, in aggregate, to 25% of the water frontage of the lot. The Applicant's lot has 225 ft. of water frontage, which would require a setback of not less than 56 ft. in aggregate. Due to the Property's constrained dimensions, the Applicant respectfully request the City Commission's approval of a modification to the Charter Waterfront side setback requirement from the required 56 ft., in aggregate, to 50 ft. side setback, in aggregate. The Applicant further requests that the City Commission approve a further modification to the 30 ft. waterfront side setback provided on the western side of the Property to permit that the view corridor provided be covered above the 2nd story, as opposed to remaining open to the sky. This modification will allow for a 0 ft. side setback from the 3rd floor to the 8th floor. Sec. 3(mm)(iii) of the Charter authorizes the modifications to the setback requirements by the City Commission upon a determination that: "[T}he requested modification provides public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features." The proposed project satisfies the aforementioned standard for the approval of a modification to the setback requirements for the following reasons: 1. The proposed Project provides direct access to the waterfront and creates a public walkway along a 225 ft. section of the waterfront. The Project proposes the construction of a public baywalk and complementary access walkways at the eastern and western ends of the project that provide direct access to Biscayne Bay and provide a recreational amenity for use by the general public. 2. The proposed Project provides comparable public benefits which promote a better urban environment and public advantages. In addition, to the proposed access enhancements to Biscayne Bay noted above, the Project's baywalk will incorporate unique design elements that significantly enhance the urban environment and provide a unique recreational amenity for the neighborhood that will become part and parcel of a city-wide waterfront linear park. In an effort to further improve the quality of the existing urban environment in the area surrounding the Project, the Applicant has agreed to extend to the baywalk along the - western --edge --of - theinlet- and--provide---companion--landscape {20959002;1} September 28, 2011 Page 3 improvements. Such improvements would be made to city -owned property located at the eastern terminus of NE 28th Street. The proposed improvements to the city -owned property will provide significant public benefit to existing and future area residents and help to complete an approximate 500 ft. +/- segment of the baywalk. For the foregoing reasons, we would respectfully request the City Commission's approval of the above -listed modifications to the City Charter waterfront setback and side setback requirements. Neisen O. Kasdin, Esq. cc: Francisco Garcia, Planning Director Barnaby Min, Zoning Administrator Stephan Gietl, mcKafka Development Group, LLC {20959002;1} SPECIAL APPEARANCE APPLICATION HEARING BOARDS 444 SW 2'd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-4 www.miamigov.com/hearinq boards 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 (8Yx11 ") 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 AFFIDAVIT OF A UTHORITY TO A CT Before me this day, the undersigned personally appeared , who being by me first deposes and says: Javier E. Fernandez 1 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 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, 0 including or 0 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. Javier E. Fernandez Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applinat re Th foregoing was cknowledge before me this 21 day of 20 �� , by !1/I,e f '/�irevicl.Q2. who is a( artner/agent/corporation of a(n) indivi•ua •artnership/corporation. He She is personally k ow me or who has produced as identification and who did (did not) take an (Stamp) Signature DIANA PORE!--BAATA NOTARY PUBLIC STATE OF FLORIDA Comm# EE101480 Expires 6/8/2015 Rev. 06-2011 2 The foregoing wa 20 , by a(n individual indiv • p (Stamp) Rev. 06-2011 SPECIAL APPEARANCE APPLICATION DISCLOSURE OF 0 WNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Please see attached Disclosure of Ownership exhibit. Percentage of Ownership Subject Property Address(es) 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): N/A Javier E. Fernandez Owner(s) or Attorney Name Legal Description(s): N/A L Owners ture STATE OF FLORIDA -- COUNTY OF MIAMI-DADE n 1 acknowledged before me this i 1 day of ter Feinted e i who is artner/agent/corporation of a(n) nership/corporation. (1�je She is .ersonally k1.to me or who has produced as identification and ho did (did not tak - an •� -• Signatures tto igna O1 BERE-DATA NOTARY PUBLIC STATE OF FLORIDA Comm# EE1014S0 Ercpires 6/8/2015 3 • r V EXHIBIT "A'r PARCEL I Lots 27 and 28, and strip 15 feet wide North of same, in Block 3 of J. PACKARD LAIRD'S RESUBDIVISION, according to the Plat thereof, as recorded in Plat Book 7, page(s) 81, of the Public Records of Miami -Dade County, Florida. PARCEL II Lots 22, 23, 24, 25 and 26, in Block 3 of J. PACKARD LAIRD'S RESUBDIVISION, according to the Plat thereof, as recorded in Plat Book 7, page(s) 81, together with the submerged land lying East of a Roadway or Alley which said roadway or alley is 15 feet wide and is adjacent to and bounds Lot 1 on the North of Samuel Flier's Subdivision of Section 30, Township 53 South, Range 42 East, as per Book of Plats, Page 6 and is designated on said Plat as Public Road (all of which said submerged land is further described in that certain deed by Florence Light to William G. Lipe and Clara J. Lipe, his wife, recorded in Official Records Book 2516, page 602), of the Public Records of Miami -Dade County, Florida. PARCEL III Lots 20 and 21, Block 3 ofJ. PACKARD LAIRD'S RESUBDIVISION, according to the Plat thereof, as recorded In Plat Book 7, page 81 of the Public Records of Miami -Dade County, Florida, together with a 15 foot strip of land lying North of, and immediately adjacent, thereto. PARCEL IV Lots 18 and 19, Block 3, of J. PACKARD LAIRDS RESUBDMSION, according to the Plat thereof, as recorded in Plat Book 7, page 81, of the Public Records of Miami -Dade County, Florida. • Prepared by and return to: Javier E. Fernandez, Esq. Akerman Senterfitt One Southeast Third Avenue, Suite 2500 Miami, Florida 33131 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that MCKAFKA DEVELOPMENT GROUP, LLC, have made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and JAVIER E. FERNANDEZ true and lawful attorney for them and in their stead to execute all documents and instruments required with respect to their application for a Waiver(s) from the requirements of the Miami 21 zoning code and their application for a Special Appearance before the City of Miami Commission submitted to the Office of Zoning and the Office of Hearing Boards, respectively, for the property located approximately at 623 NE 27th Avenue, Miami, FL 33137, giving and granting unto NEISEN O. KASDIN and JAVIER E. FERNANDEZ, their said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute: shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 22 day of September, 201 Signed and de the presence of: Witness Signature F ERN Pi Witness Name STATE OF r 10 i c, ) SS: COUNTY OF iM I aM i - Da cl€ ) STEPHAN n) The foregoing instrument was acknowledged before me this Z.Z. day of September by STEPHAN GIETL who is personally known to me (M3100095;1) NOTARY - Print Name: My commission expires: C.Egc ' S NOTARY YL i';LIC-S:I+1'I; OF FLORIDA '.Jaquelina Gnu de Levy Hara _- Commission # EE063271 ,, Expires: FEB. 09, 2015 BONDED THRLU ATLANTIC BONDING CO., INC. CITY OF MIAMI SPECIAL APPEARANCE APPLICATION Project Name: Crimson Tower SUBJECT PROPERTY LEGAL DESCRIPTION: DISCLOSURE OF OWNERSHIP EXHIBIT Parcel I Lots 27 and 28, and strip 15 feet wide North of same, in Block 3 of the J. Packard Laird's Resubdivision, according to the Plat thereof, as recorded in Plat Book 7, page(s) 81, of the Public Records of Miami -Dade County, Florida. Parcel II Lots 22, 23, 24, 25, and 26, in Block 3 of J. Packard Laird's Resubdivision, according to the Plat thereof, as recorded in Plat Book 7, page(s) 81, together with the submerged land lying East of a Roadway or Alley which said roadway or alley is 15 feet wide and is adjacent to and bounds Lot 1 on the North of Samuel Flier's Subdivision of Section 30, Township 53 South, Range 42 East, as per Book of Plats, Page 6 and Is designated on said Plat as Public road (all of which said submerged land is further described in that certain deed by Florence Light to William G. Lipe and Clara J. Lipe, his wife, recorded in Official Records Book 2516, page 602), of the Public Records of Miami -Dade County, Florida. Parcel III Lots 20 and 21, Block 3 di. Packard Laird's Resubdivision, according to the Plat thereof, as recorded In Plat Book 7, page 81 of the Public Records of Miami -Dade County, Florida, together with a 15 foot strip of land lying North of, and immediately adjacent, thereto. Parcel IV Lots 18 and 19, Block 3, of J. Packard Laird's Resubdivision, according to the Plat thereof, as recorded in Plat Book 7, page 81 of the Public Records of Miami -Dade County, Florida. SUBJECT PROPERTY STREET ADDRESS(ES): 527 NE 27 Street (Folio No. 01-3230-019-0090) 535 NE 27 Street (Folio No. 01-3230-019-0100) No street address (Folio No. 01-3230-019-0101) No street address (Folio No. 01-3230-019-0110) No street address (Folio No. 01-3230-019-0120) No street address (Folio No. 01-3230-019-0130) No street address (Folio No. 01-3230-019-0140) No street address (Folio No. 01-3230-019-0150) No street address (Folio No. 01-3230-019-0160) 623 NE 27 Street (Folio No. 01-3230-019-0170) (M3100160;1) 1 CITY OF MIAMI SPECIAL APPEARANCE APPLICATION Project Name: Crimson Tower OWNERS NAME(S): OWNERSHIP INTEREST (%): Mckafka Development Group, LLC (Contract Purchaser) SAG Property Invest, LLC 50% 20900 NE 30th Avenue, Ste. 603 Aventura, FL 33180 Pirulo, Corp. 50% 20900 NE 30th Avenue, Ste. 60 Aventura, FL 33180 SAG Property Invest, LLC Stephan Gietl, Manager 20900 NE 30th Avenue, Ste. 603 Aventura, FL 33180 Pirulo, Corp. Fernando Levy Hara, President 20900 NE 30th Avenue, Ste. 603 Aventura, FL 33180 Jaquelina Gruz de Levy Hara 20900 NE 30th Avenue, Ste. 603 Aventura, FL 33180 { M3 l OO 160;11 2 100% 50% 50% CITY OFMIAMI 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: Stephan Gietl (First Name) (Middle) (Last Name) HOME ADDRESS: 16001 Collins Avenue (Address Line 1) Apt # 804 CITY: Sunny Isles Beach HOME PHONE: EMAIL: sgietl@mckafka.com (Address Line 2) STATE: Florida CELL PHONE: 3053315936 FAX: ZIP: 33160 BUSSINESS or APPLICANT or ENTITY NAME mckafka development group, LLC BUSINESS ADDRESS: 20900 NE 30th Ave., Suite 603 (Address Line 1) Aventura, FL 33180 (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. City Commission approval of modifications to the required waterfront setbacks and waterfront side setbacks as stipulated in the CityCharter, for the Crimson Tower project 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 -r 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. Nance Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this forin. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. I hereby acknowledge Ordinance 12918 and or civil penalties that disclosure requirement 1. the effect; 2. no considered nullification PERSON SUBMITTING ACKNOWLEDGEMENT OF COMPLIANCE that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal may be imposed under the City Code, upon determination by the City Commission that the foregoing was not fully and timely satisfied the following may occur: application or order, as applicable, shall be deemed void without further force or and application from any person or entity for th 1 same issue all be reviewed or by the applicable board(s) until expira 'on of a peri d of one year after the of the application or order. DISCLOSURE: tephan Gietl Print Name Sworn to and subscribed instrurnent was before me this e9(-A da o 59-fl-fin_6.e , 2011 . The foregoing acknowledged before me by 61 .TL. , who has produced as identification and/o is personally k=7"--`oil and who did/did not take an oath. STATE OF FLORIDAZ CITY OF MIAMI MY COM I SI EXPIRES: DIANA PEREZ-DATA NOTARY PUBLIC �' i - ' STATE OF FLORIDA -, ;,:_ CommieEE1014S0 �..,,, . N Notary '•,- -plan e4,- ExpirMi/fi201s Enclosure(s) Doc. No.:86543 �j' t t Print Name Page 2 Owner's Sworn -to -Consent Permitting Contract Purchaser to File for a Hearing (Limited Liability Company) On behalf of Biscayne Bay of Miami, LLC, a Florida (state) limited liability company, Norita V. Davis being duly sworn, deposes and says that as the Managing Member of the aforesaid limited liability company, which is the owner of the property legally described below and which is the subject property of the proposed hearing, does hereby grant consent to mckafka Development Group, LLC, as Contract Purchaser, to file this application for a public hearing. Legal Description: Parcel I Lots 27 and 28, and strip 15 feet wide North of same, in Block 3 of the J. Packard Laird's Resubdivision, according to the Plat thereof, as recorded in Plat Book 7, page(s) 81, of the Public Records of Miami -Dade County, Florida. Parcel II Lots 22, 23, 24, 25, and 26, in Block 3 of J. Packard Laird's Resubdivision, according to the Plat thereof, as recorded in Plat Book 7, page(s) 81, together with the submerged land lying East of a Roadway or Alley which said roadway or alley is 15 feet wide and is adjacent to and bounds Lot 1 on the North of Samuel Flier's Subdivision of Section 30, Township 53 South, Range 42 East, as per Book of Plats, Page 6 and is designated on said Plat as Public road (all of which said submerged land is further described in that certain deed by Florence Light to William G. Lipe and Clara J. Lipe, his wife, recorded in Official Records Book 2516, page 602), of the Public Records of Miami -Dade County, Florida. Parcel III Lots 20 and 21, Block 3 ofJ. Packard Laird's Resubdivision, according to the Plat thereof, as recorded in Plat Book 7, page 81 of the Public Records of Miami -Dade County, Florida, together with a 15 foot strip of land Tying North of, and immediately adjacent, thereto. Parcel IV Lots 18 and 19, Block 3, ofJ. Packard Laird's Resubdivision, according to the Plat thereof, as recorded in Plat Book 7, page 81 of the Public Records of Miami -Dade County, Florida. Witnesses: Biscayne Bay of Miami, LLC Name of Limited Liability Company Address: 20725 S.W. 46th Avenue Newberr L 32669 Norita V. Davis, Managing Member {M3100047;1} STATE OF FLORIDA COUNTY OF ALACHUA The foregoing instrument was acknowledged before me by Norita V. Davis, of Biscayne Bay of Miami, LLC, on behalf of the company. She is IX personally known to me or [ ] produced NIf' , as identification. Witness my signature and official seal this eVZ day of September, 2011, in the County and State aforesaid. Kimberly A. Lege Notary Public State of Florida My Commission Expires: _ P'eq-. KIMBERLY A. LEGE MY COMMISSION # DD823559 P EXPIRES: December 08, 2012 'eOFftPl* allotary Discount Assoc. Co. L8003•NOTARY . {M3100047;1} BISCAYNE BAY OF MIAMI, LLC OWNERSHIP STRUCTURE Name: Biscayne Bay of Miami, LLC 20725 SW 46th Avenue Newberry, Florida 32669 Sole Member: Davis Heritage - Biscayne, LLC 20725 SW 46th Avenue Newberry, Florida 32669 Sole Member: Davis Heritage GP Holdings, LLC 20725 SW 46th Avenue Newberry, Florida 32669 Members: Stefan M. Davis Norita V. Davis as President of Earthart, Inc. CITY OFMIAMI 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: Norita V. Davis (First Name) (Middle) (Last Name) HOME ADDRESS: 22606 W. Newberry Road (Address Line 1) (Address Line 2) CITY: Newberry STATE: Florida ZIP: 32669 HOME PHONE: 3 52 4 72 417 9 CELL PHONE: 3 52 2 7 819 31 FAX: 3 5 2 4 7 214 8 8 EMAIL: KimL@davisandsons.com BUSSINESS or APPLICANT or ENTITY NAME Biscayne Bay of Miami, LLC BUSINESS ADDRESS: 20725 S.W. 46th Avenue (Address Line 1) Newberry, FL 32669 (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. City Commission approval of modifications to the required waterfront setbacks and waterfront side setbacks as stipulated in the City Charter, for the Crimson Tower Project. 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 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 . ev ed or considered by the applicable board(s) til expiration of a pe od of t ne year aft the nullification of the application or ord .` PERSON SUBMITTING DISCLOSURE: � ature Norita V. Davis Print Name Sworn to and subscribed before are this da of ��� The .foregoing instrument was acknowledged before me by borj'k, V. '_e,{ jl S , who has produced 'Dew; 15L f as identification and/or is personally known to me and who did/did not take an oath. ~ C6Urtlit aE' Pkicei nit, STATE OF FLORIDA i 0 CITY OF MIAMI � MY COMMISSIS . Notary EXPIRES: "°ke, KIMBERLY A. LEGE MY COMMISSION # DD823559 N. s� EXPIRES: December 08, 2012 Print Name Enclosure(s) so"Fl. Notary Discount Assoc. Co. Doc. No.:86543 Page 2 Preyared by and return t9' Perla F. Abr6rns, Esq. Abrams & Abrams, P.A. File Number: 04-006SW Will Call No,: Parcel Identification No. 01-3230-019.0090 04.d—oo1 —G'ECCr4 tArum H00KIN KOPELOWITT & OSTROW,.P.A. 350 Easl Las Olas Boulevard Suite 1440 Fort raudardale, Fieridu 33301 11111111111111111111111111111111111111111111 CF1J 2004R0350714 OR Bk 22293 Pa 0211; (1v0 RECORDED 05/12(2004 15:54:14. DEED DOC TAX 30'79,20 SURTAX 2rVO4.40 HARVEY RUVIHr CLERK OF COURT HIAHI—DADE CDUNTY, FLORIDA LAST PAGE [Space Above This Line For Recording Data) Warranty Deed (S'TATUTORY FORM - SECTION 689,02, F.S.) This Indenture made this 27th day of April,. 2004 between Seetamah Rawana and Khemchandra Ramcharran, husband and wife whose post office address is 12922 SW 133rd Court, Miami, FL 33186 of the County of Miami -Dade, State of Florida, grantor*, and Biscayne Bay of Miami, LLC, a Florida limited liability company whose post office address is 20725 SW 46th Avenue, Newberry, FL 32669 of the County of Alachua, State of Florida, grantee*, Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS•(810.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County,Florida, Lots 18 and 19, Block 3, of J. PACKARD;LAIRD'S RESUBDIVISION, according to the Plnt thereof, recorded In Plat Book 7, Page81, or the Public Records of Miantl-Dade County, Florida, Subject to taxes for .2004 and subsequent years; covenants, conditions, restrictions; easements, reservations and limitations of record, if any. and said grantor does hereby fully warrantthe tide to said land, and will defend the same against lawful claims of all persons whomsoever. • 'Grantor" and `Grantee" are used for singular or plural, as eontczt requires. In Witness Whereof, grantor has -hereunto set. grantor's- hand and seal the day.and year first above written. Signed, scaled and delivered in our presence:. /�4vC�Lw�r Pc,Les,,,o(seal) Seetaniah Rawana , Witness Name: 49 % (9f1'4..'dCe9 AV, e: • ' e71J. Witne Witness Name: P`i 7 ,4L'e 4 State of Florida County of Miami -Dade The foregoing instrument was: acknowledged' before me this 27th day of April, 2004 by Scetamah Rowena and Khemchandra Ramcharran, who [I are personally known or [X] have produced driver's License as identificatio [Notary Seal] MARy+C.ROORIODU Notary Palle. SW* 'of1 nal e Comrp0itl1 f My Comm. a891i a 4ffir Book22293/Page211 Notary Public Printed Name: h(,1-e%11- 01Y-41 t? My Commission Expires: �( D(r_ // 07 Page 1 of 1 Doubl&Tlme ENT'D N C V 0 6 2004 43 - 0 6-1 1:i1YLOR HooKIN KOPELOwrrZ & OSTRow, P.A. 350 EAST LAS 0i s BOULEVARD, Sum. 1440 FORT LAUDERDALE, FLORIDA 33301 Return to: Gregory B. Taylor, Esquire Gelch Taylor et al 350 East Las Olas Blvd #1440 Ft. Lauderdale, FL 33301 11111111111I 1111111111 II1111111111111 I1111111 GFN 20t)4Fi0350740 OR Bit 22293 r9s 0311 - 312; (2ves' RECORDED 05/12/2004 155E:00 DEED DOC TAX 3,300.00 HARVEY RUVIN, CLERK OF COURT MIA1I-DADE COUNTY? FLORIDA WARRANTY DEED THIS INDENTURE made this 2 1 day of April, 2004, between EDGEWATER DD LLC, a Florida limited liability company* and BISCAYNE BAY OF MIAMI, LLC, a Florida limited liability company, whose post office address is 2012- S .9 ut 4 6-0., Alken ve, /V cry 6rreyiPt. 3 z6C,9 Grantee*. *"Grantor and Grantee" are used for singular or plural, as the context requires. WITNESSETH: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described real property situate, lying and being In Miami -Dade County, Florida, to -wit: Lots 20 and 21, in Block 3, of J PACKARD LAIRD'S RESUBDIVISION, according to the Plat thereof, as recorded in Plat Book 7, at Page 81, of the Public Records of Miami -Dade County, Florida, together with a 15 foot strip of land lying North of and immediately adjacent thereto. Tax Folio #01-3230-019-0100 THIS conveyance is made subject to the following: 1. Real estate taxes and assessments levied after the year 2003; 2. Applicable zoning regulations and ordinances; 3. All other covenants, conditions, restrictions and easements of record, if any. AND said Grantor does hereby fully warrant the title to said property and will defend the same against the lawful claims of all persons whomsoever. Book22293/Page311 Page 1 of 2 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Print: ' '�7 j. r STATE OF FLORIDA COUNTY OF MIAMI-DADE EDGEWATER DD LLC, a Florida limited liability company Print: Tim Foreman Its: Managing Member 1526 Ponce de Leon Blvd, Coral Gables, FL 33134 7L. The foregoing instrument was acknowledged before me this 2 '7 day of April, 2004, by Tim Foreman, as Managing Member of Edgewater DD LLC, a Florida limited liability company, who is personally known to me or who has produced a fG0/4.1'0A Driver's License or (indicate form of identification) (if left blank, personal knowledge existed) as identification. GREGORY B.TAYLOR MY COMMISSION # DD 256102 S J Uary 6 2008 EXPIRE; an " � .''TharNaaryPu611cUnderwr{ters yPF::E��•Bonded 2 Notary l iblic, State of Florida Notary Print Name: My commission expires: Prepared by and return to: Gregory B. Taylor, Esq Attorney at Law Taylor Hodkin Kopelowitz & Ostrow, P.A. 350 East Las Olas Boulevard Suite 1440 Fort Lauderdale, FL 33301 File Number: Link -Up Will Call No.: Parcel Identification No. [Space Above This Line For Recording Data) 1111111111111111111111111111111111111111311 =FN i 0=00 4-R0=0 429'9'0:5 OR Bk 22356 Pas 2647 -• 26485 (2pss RECORDED 05/30/2004 11:38 :07 DEED 000 TAX 20p411.40 SURTAX 15F 3O8. 55 HARVEY RUVIN. CLERK OF COURT MIAI1I--DADE C:OI)NT't F FLORIDA Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 27th day of April, 2004 between Link -Up, Limited, a Florida Limited Partnership whos post office address is 29 NE 45th Street, Miami, FL 33137 of the County of Miami -Dade, State of Florida, grantor*, an Biscayne Bay of Miami, LLC, a Florida Limited Liability Company whose post• office address is 20725 SW 46t Avenue, Newberry, FL 32669 of the County of Alachua, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lots 22, 23, 24, 25 and 26, Block 3, of J. PACKARD LAIRD'S RESUBDIVISION, according to the Plat thereof, as recorded in Plat Book 7, Page(s) 81, together with the submerged land lying East of a Roadway or Alley which said roadway or alley is 15 feet wide and is adjacent to and bounds Lot 1 on the North of Samuel Filer's Subdivision of Section 30, Township 53 South, Range 42 East, as per Book of Plats, Page 6 and is designated on said Plat as Public Road, all of which said submerged land is further described in that certain deed by Florence Light to William G. Lipe and Clara J. Lipe, his wife, recorded in O.R. Book 2516, Page 602, of the Public Records of Miami -Dade County, Florida. Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Folio numbers: 01-3230-019-0110; 01-3230-019-0120; 01-3230-019-0130; 01-3230-019-0140 01-3230-019-0150; 01-3230-019-0160 and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. e d h DoubleTimea Signed, sealed and delivered in our presence: By: OR E k 22356 PG 2648 LAST PAGE Link -Up, Limited, a Florida Limited Partnership By: Link -Up, Incorporated, a Florida Corporation, Its General Partner c"--) Daniel Rishavy, President (Corporate Seal) State of Florida County of Broward The foregoing instrument was acknowledged before me this 27th day of April, 2004 by Daniel Rishavy, President of Link - Up, Limited, a Florida Limited Partnership, on behalf of the corporation. He/she L] is personally kn .to me or [X] has produced a driver's license as identification. [Notary Seal] +''' GREGORY B. TAYLOR 4, /Ai :,r MY COMMISSION # DD 256102 EXPIRES; January 8, 2008 % ,;(n 0 Bonded Thni Notary Poetic Underwriters Warranty Deed (Stawtory Form) - Page 2 Notary Public Printed Name: My Commission Expires: DoubieTime® Prepared by and return to. Dominick Sanchez Attorney at Law Sanchez & Associates, P.A. 4211 N.W. 2nd Terrace Miami, FL 33126 304-441-0505 File Number: 04-0406 Will Call No.: Parcel Identification No. 01-3230-019-0170 1111111111111111111111 Ir1(1 n111111ll 1n1 »11 CFN 200D4R0339439 DR Bk 22284 Pas 0004 — Si (2aas) RECORDED 05/10/2004 15:00:32 DEED DOC TAX 2r700.00 HARVEY RUVIN, CLERK OF COURT MIAMI—DADE COUNTY, FLORIDA [Space Above This line For Recording Dataj Warranty Deed (STATUTORY FORM • SECTION 689.02, F.S.) This Indenture made this 27th day of April, 2004 between Jo Westfall, a single woman whose post office address is 623 N.E. 27th Street, Miami, FL 33137 of the County of Miami -Dade, State of Florida, grantor*, and Biscayne Bay of Miami, LLC, a Florida Limited Liabilitly Company whose post office address is 20725 S.W. 46th Avenue, Newberry, FL 32669 of the County of Alachua, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, Tying and being in Miami -Dade County, Florida, to -wit: Lots 27 and 28, and strip 15 feet wide North of same, in Block 3 of J. PACKARD LAIRD'S RESUBDIVISION, according to the Plat thereof, as recorded in Plat Book 7, Page 81, of the Public Records of Miami -Dade County, Florida. Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written, Signed, sealed and delivered in our presence: .i.C4f5) l_/ee, Jo estfal I Witness Name: DoubieTimes Book22284/Page4 Page 1 of 2 State of Florida County of Miami -bade The foregoing instrument was Acknowledged before me this 27th day of April, 2004 by Jo Westfall, who `j'is personally known or [X] has produced a driver's license as identification. [Notary Seal] NOEMI U. FiAQUER *Caul Emp.y2,0015 No. PO. 00036. `; Printed Name: ASzai My Commission Expires: Warranty Deed (Statutory Form) - Paee 2