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HomeMy WebLinkAboutApplication & Supporting DocumentsAkerman February 2, 2012 VIA E-MAIL to axrodriguez@miamigov.com Mr. Anel Rodriguez, Administrator Office of Hearing Boards City of Miami 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 Javier E. Fernandez Associate07.1 Akerman Senterfitt One Southeast Third Avenuei- Suite 25001 Miami, FL 33131-1714 Tel: 305.374.5606 Fax: 305.374.5095L, Re: Request for Waiver of Time Limits Pursuant to Sec. 7.1.2.8.g.7 of Miami 21 - FFAC, LLC (Del.), 150 NE 42nd Street, Miami, FL (Folio No. 01-3124-024-1550); Scarlett Begonia Holdings, LLC, 135 NE 41st Street, Miami, FL (Folio No. 01-3124-024-1160); Dacra Design Moore, LLC, 115 NE 41st Street, Miami, FL (Folio No. 01-3124-024-1150). Dear Mr. Rodriguez: On behalf of our clients, FFAC, LLC, Scarlett Begonia Holdings, LLC, Dacra Design Moore, LLC (the "Co -Applicants"), we are pleased to submit this request for a -waiver of the time limits set forth in Sec. 7.1.2.8.g.5 of Miami 21 for the above -referenced properties. Such a waiver of the time limits precluding review of a subsequent request for rezoning of a property may be granted by the City Commission pursuant to the authority provided by Sec. 7.1.2.8.g,7 of Miami 21. • On or about January 27, 2011, the City Commission adopted an ordinance amending the zoning atlas of the Miami 21 code for 150 NE 42nd Street, 135 NE 41st Street, and 115 NE 41st Street (collectively, the "Properties"), changing their zoning classification from "T-3" sub -urban transect zone to "T-4 O" general urban transect zone. The time limits set forth in Sec. 7.1.2.8.g.5 of Miami 21 would preclude the Planning Zoning & Appeals Board ("PZAB") from considering any petition for rezoning for all or part of the same property until approximately July of 2012. The Property is part of the approximately 17-acre assemblage comprising the Miami Design District Retail Street Special Area Plan ("SAP") that is scheduled for PZAB consideration in prior to July of 2012. The proposed SAP will introduce a significant, expansion of luxury retail into one of the City's emerging retail and commercial districts. Said SAP requests further modifications to the Property's zoning classification. As such, the Applicant requests a waiver, pursuant to Sec. 7.1.2.8.g.7, in order to facilitate development in the context of the adopted Comprehensive Plan. akerman.com 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 {22822855;2) Mr. Anel Rodriguez February 2, 2012 Page 2 Sincerely, Javier r. rn' dez cc: Johnny Martinez, City Manager, City of Miami Francisco Garcia, Director, Department of Planning & Zoning Carmen Sanchez, Assistant Director, Department of Planning & Zoning Craig Robins, Dacra Development Corp. {22822855;2} SPECIAL APPEARANCE APPLICATION HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing 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 AUTHORITY TO ACT Before me this day, the undersigned personally appeared Javier E. Fernandez , who being by me first deposes and says: 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, El 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 AppliC t(TS' nature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before rpe this day of 447')20 AR , by Is'8') dp Z— a(n) individual/pa4�fne gent orporation of a(n) individual/partnership 1Lof'p ration. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. who is (Sta °oe . Notary Public State of Florida ® . Ann Condon c.qc ac My Commission OD758094 "4a„," •Expires 03/20/2012 (17, Signature Rev. 06-2011 2 SPECIAL APPEARANCE APPLICATION DISCLOSURE OF OWNERSHIP 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) FCAA (Del.) LLC, Scarlett Begonia Holdings (Del.) LLC, and Dacra Design Moore (Del.) LLC Percentage of Ownership 100% Subject Property Address(es) 150 NE 42nd Street, 115 & 135 NE 41 st Street, Miami, FL 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): See enclosed exhibit See enclosed exhibit Javier E. Fernandez Owner(s) or Attorney Name Own STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ,,,,�� The foregoing was acknowledge before me t is `'' day of (.1 a(n) 20 %� by �'���� rim who is a(n) individual/partner -gen orporation of a(n) individual/partnership/cporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. a 0.5 ue, Notary Public State of Florida ? ® ; Ann Condon c. 4, My Commission DD758094 '4-OF f<o't Expires 03/20/2012 Rev. 06-2011 3 CITY OF MIAMI SPECIAL APPEARANCE APPLICATION DISCLOSURE OF OWNERSHIP & LEGAL DESCRIPTIONS Parcel 1: FCAA (Del.), LLC SUBJECT PROPERTY STREET ADDRESS: SUBJECT PROPERTY LEGAL DESCRIPTION: 150 NE 42nd Street (Folio No. 01-3124-024-1551) The West 325 feet of that certain tract of land in the city of Miami bounded on the North by N.E. 42nd Street, on the South by N.E. 415Y Street, on the East by N.E. Second Avenue and on the West by the East lines of Lots 5 and 6, Block 7, BILTMORE, a subdivision shown by plat of record in Miami -Dade County, in Plat Book 6, at Page 67. Also known as: A portion of the West 325 feet of that certain Lot of Land, 432 feet East and West and 204.6 feet North and South, lying directly East of and adjoining Lots 5 and 6, 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, of said Plat shown as Z.T. MERRITT HOME, said Lot lying in the Southeast corner of the NE % of the SE % of section 24-53-41. OWNER'S NAME(S): FCAA (Del.), LLC OWNERSHIP INTEREST (%): ■ 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 Parcel 2: Scarlett Begonia Holding (Del.), LLC SUBJECT PROPERTY STREET ADDRESS: 135 NE 415T Street (Folio No. 01-3124-024-1160) SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 5, Block 7, 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. OWNER'S NAME(S): Scarlett Begonia Holdings (Del.) LLC OWNERSHIP INTEREST (%): ■ 49.51%: CR Member, LLC, which is 100% owned by Craig Robins {23471286;1} CITY OF MIAMI SPECIAL APPEARANCE APPLICATION DISCLOSURE OF OWNERSHIP & LEGAL DESCRIPTIONS ■ 0.49%: Dacra Member, LLC, which is 100% owned by various corporations, all of whom are owned by i ... Craig Robins ■ 50%: LRE DDM LLC, which is owned 100% by L Real Estate SICAR Parcel 3: Dacra Design Moore (Del.), LLC SUBJECT PROPERTY STREET ADDRESS: 115 NE 41sY Street (Folio No. 01-3124-024-1150) SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 9D: 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. OWNER'S NAME(S): Dacra Design Moore (Del.) LLC OWNERSHIP INTEREST(%): ■ 100% owned by Dacra Design Associates (Del.) LLC, which is owned as follows: ➢ 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. {23471286;1} CITY OF MIAMI SPECIAL APPEARANCE APPLICATION PROPERTIES OWNED WITHIN 500 FT. • APPLICANT NAME:. Dacra Design Moore (Del.) LLC rc:'I ADDITIONAL PROPERTIES ADDRESSES: 175 NE 40T" Street 4040 NE 2"d Avenue 191 NE 40th Street 140 NE 41st Street 77 NE 41st Street SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 9A: 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 9B: 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 9C: 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 9E: Lot 22 and the East % 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. {23475498;1 } ;�`r'` "n'..` 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, anyconsiderationprovided or committed directlyor on its behalf, to anyentityorperson for an agreement to support or � � g PP withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise orgrant of anymoney,property, service, credit or financial assistance of anykind or value whether direct or P P Y> 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: Javier Enrique Fernandez +;= s^ - F; 1.; I'• I':! (First Name) (Middle) (Last Name) I-IOME ADDRESS: Akerman Senterfitt (Address Line 1) One SE Third Ave., 25th Floor (Address Line 2) CITY: Miami STATE: Florida 'LIP: 33131 HOIvIEPHONE: (305) 374-5600 CELL PHONE: (305) 761-2274 FAX: (305) 374-5095 EMAIL: javier.fernandez@akerman.com BUSSINESS or APPLICANT or ENTITY NAME FCAA (Del.) LLC, Scarlet Begonia Holdings (Del.) LLC, I3USINESS ADDRESS: Dacra Design Moore (Del.) LLC (Address Line 1) 3841 NE 2nd Ave, Ste. 400, Miami, FL 33137 (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. Waiver of time limitation on consideration of request for rezoning pursuant to Sec. 7.1.2.8.g.7 of Miami 21. 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 X 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. i„;Y :; b. :;!a. I C. I;;;:,I * Additional names can beplaced on a separatepage attached to this form. ILt. P r.!;i 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. 2. PERSON SUBMITTING the effect; no considered nullification subscribed 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 the same issue shall be reviewed or by the applicable board(s) until expiration of a period of one year after the of the application or order. DISCLOSURE: r►.--- a Javier . Fernandez before me this Print Name Sworn to cind instrument was day of2012 . The foregoing acknowledged before me by _______ as identification and/or __ �� ._. ?, who has produced is ersonally known to me and who did/did not take an oath. bIANA Milli -DATA NOTARY PUBLIC STATE OF FLORIDA CITY OF MI MY comp EXPIRES: S MI .e"- N6 Notary RIDA Comm#EE101480 15 Print -Name Enclosure(s) Doc. No.:86543 Page 2 CFN: 20110606610 BOOK 27820 PAGE 4471 DA1E:09/12/2011 08:19:51 AM DEED DOC 0,60 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY THIS INSTRUMENT PREPARED BY: Bryan Hawks, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, Suite 2300 Miami, FL 33131 (Folio) Number(s): 01-3124-024-1550 NOTE: This Corrective Special Warranty Deed is recorded to correct an error in the name of the Grantor in that certain Special Warranty Deed recorded in Official Records Book 27590, Page 4760, of the Public Records of Miami -Dade County, Florida. CORRECTIVE SPECIAL WARRANTY DEED THIS CORRECTIVE SPECIAL WARRANTY DEED made the 6 day of septeube2011 by FAMILY CHRISTIAN ASSOCIATION OF AMERICA, INC., a Florida not for profit corporation, whose post office address is 14701 NW 7th Avenue, Miami, Florida 33168, hereinafter called the Grantor, to FCAA, LLC, a Delaware limited liability company, whose post office address is 3841 NE 2"s Avenue, Suite 400, Miami, Florida 33137, hereinafter called the Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). EITNEE.H1li: Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, it's successors and assigns, the following described property in Miami -Dade County, Florida, to wit: See attached Exhibit "A" Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable zoning and restrictions and prohibitions imposed by governmental authorities, if any, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with Grantee, that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor, MIAMI 2693065,1 7939135306 IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in our presence: FAMILY CHRISTIAN ASSOCIATION OF AMERICA, INC., a Florida not for profit corporation By: STATE OF FLORIDA ): ss. COUNTY OF MIAMI-DARE ) Richard Chisholm, President The foregoing instrument was acknowledged before me this 6. day of September , 2011 by Richard Chisholm, as President of Family Christian Association of America, Inc., a Florida not for profit corporation, on behalf of the corporation, who is personally known to me or who has produced as identification. My Commission Expires: NOTARY PUBLIC, Sta of Florida Print Name: SA m,phe t. (( Commission No.: E 0103 09 NOTARY PUBLIC-STATn OF FLORIDA Sarab R. Campbell =.; . Commission # li:E010309 •° Expires: JULY 19, 2014 )30415k1) TRW& 101.+ 1: IC BON DDI6 CO,, IHC. MIAMI 2693065.1 7939135306 EXHIBIT "A" LEGAL DESCRIPTION The West 325 feet of that certain tract of land in the city of Miaml bounded on the North by N.E. 42nd Street, on the South by N.E. 41t Street, on the East by N.E. Second Avenue and on the West by the East Tines of Lots 5 and 6, Block 7, BILTMORE, a subdivision shown by plat of record In Miami -Dade County, in Plat Book 6, at Page 67, Also known as: A portion of the West 325 feet of that certain Lot of Land, 432 feet East and West and 204.6 feet North and South, lying directly East of and adjoining Lots 5 and 6, 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, of said Plat shown as Z,T. MERRITf HOME, said Lot lying in the Southeast corner of the NE 4 of the SE 1/4 of section 24-53-41. MIAMI 2693065.1 7939135306 Prepared by and Return to: Lynn C,'Washington, Esq. 4Midtown 3301 NE 1" Avenue, Ste M-501 Miami, Florida 33137 CFN: 20110110100 BOOK 27590 PAGE 4760 DATE:02/17/2011 11:52:07 AM DEED DOC 27,000.00- SURTAX 20,250.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY For official use by Clerk's office only STA 1'b OF FLORIDA COUNTY OF MIAIVII-DADE SPECIAL WARRANTY DEED (Corporate Seller) THIS INDENTURE, made this l5th day of February, 2011, between Florida Christian Association of America, Inc., Florida not for profit corporation ("Grantor"), whose mailing address Is: 14701 N.W. 7 Avenue, Miami, Fl 33168, and FCAA, LLC, a Delaware limited liability company ("Grantee"), whose mailing address is: 3841 NE 2nd Avenue, Suite 400, Miami FI 33137, WITNESSETH: Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS .($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, aliens, remises, releases, conveys and confines unto Grantee, its successors and assigns, the following described property, to wit: SEE EXHIBIT "A" ATTACHED Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable zoning ordinances and/and restrictions and prohibitions imposed by governmental authorities, if any, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple.forever. AND the Grantor hereby covenants with Grantee, that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same againsC the lawful claims of all persons claiming by,.through or under Grantor. DEED - Special Warranty Deed - WALAW CFN: 20110110100 BOOK 27590 PAGE 4761 IN WITNESS WHEREOF, Grantor has signed and sealed these present the date set forth on February 15, 2011. Signed, sealed and delivered in the presence of; Witr46ss signure t e, o/#.i,sa,e) Print w' a s,name Witn�e s ir e Print witne s Xame STATE OF FLORIDA COUNTY OF MIAMI-DADE COUNTY Family Christian Association of America, Inc., a Florida not for profit corporation By:4264204.-- Print Name; Richard Chisholm Title: President (Corporate Seal) THE FOREGOING INSTRUMENT was acknowledged before me this 15th day of February, 2011, by Richard Chishohn, as president of Family Christian Association of America, Inc, who is personally known tome osac-pr-edt.ic 4fer34i f tiers. y Public Pr t Notar�Name e. My Commission Expires; Notary Seal LYNN C. WASHINGTON Notary Pubfle, State of Ronda comNy °Mission Expires Ant. 17. 2012 DEED---Spacial-Warranty-Deed-WALAW CFN: 20110110100 BOOK 27590 PAGE 4762 EXHIBIT A The West 325 feet of that certain tract of land in the city of Miami bounded on the North by N.E, 42nd Street, on the South by N.E. 41 st Street, on the East by N.E. Second Avenue and on the West by the East fines of Lots 5 and 6, Block 7, BILTMORE, a subdivision shown by plat of record in Miami -Dade County, in Plat Book 6, at Page 67, Also known as: A portion of the West 325 feet of that certain Lot of Land, 432 feet Last and West and 204.6 feet North and South, lying directly East of and adjoining Lots 5 and 6, 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, of said Plat shown as Z.T. MERRITT HOME, said Lot lying in the Southeast corner of the NE 1/4 of the SE 1/4 of section 24-53.41, Nil. vi 12433 67 7.179391353045 DEED Specinl-WarrsntyDeed- WALAW CFN: 20110253926 BOOK 27659 PAGE 1184 DATE:04/19/2011 03:26:05 PM DEED DOC 5,100.00 SURTAX 3,825.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY gl This instrument prepared by and after recording return to: Bryan Hawks, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, Suite 2300 Miami, FL 33131 Folio: 01-3124-024-1160 (For Recorder's Use Only) GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED (this "Deed"), dated as of the 11 day of April, 2011, is given by EDILBERTO J. TORRES-MCCORMACK, a single man ("Grantor"), with an address at 415 NE 26th Terrace, Miami, Florida 33137, to and for the benefit of SCARLET BEGONIA HOLDINGS, LLC, a Delaware limited liability company ("Grantee"), with an address at 3841 N. E. 2nd Avenue, Suite 400, Miami, Florida 33137. Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration paid by Grantee, receipt of which is acknowledged, grants, bargains, sells and conveys to Grantee the land situate, lying and being in Miami -Dade County, Florida, more particularly described on the attached Exhibit "A" (the "Property"). TOGETHER WITH (i) any and all structures and improvements on the Property; (ii) all right, title, and interest, if any, of Grantor in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the Property; and (iii) all easements, rights of way, privileges, licenses, appurtenances and other rights and benefits belonging to, running with the owner of, or in any way related to the Property. TO HAVE AND TO HOLD, the same in fee simple forever. SUBJECT TO: real estate taxes for the current and subsequent years, zoning and other restrictions, regulations and prohibitions imposed by governmental authorities, and the conditions, restrictions, limitations, reservations, declarations, easements, dedications and agreements of record, without intent to reimpose same. AND Grantor covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor warrants the title to the Property and will defend the same against the lawful claims of all others. CFN: 20110253926 BOOK 27659 PAGE 1185 Grantor has executed this Deed as of the date indicated above. GRANTOR: Sign: d%l+in Print Name: Ileorua M. odrikuez n Sign: ,j5u-6l / Print Name: �ucy P Ortiz STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE RTO J. TORRES-MCCORMACK The foregoing instrument was acknowled ed before me this I y da of April, 2011, by EDILBERTO J. TORRES-MCCORMACK. e is personally known to moor has produced a drivers' license as identification. ......•ILEANA M .RODRIGUEZ ••,••• 441 Comm# DD0873091 i'Ic• •= Expires 5/8/2013 %,'•; ovN Florida Notary Assn., Inc Notary Public, State cff Fbrida Print Name: Ileana M. Rodriquez My Commission Expires: 07,1 2 CFN: 20110253926 BOOK 27659 PAGE 1186 EXHIBIT "A" LEGAL DESCRIPTION Lot 5, Block 7, of BILTMORB SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 67, of the Public Records of Miami -Dade County, Florida. CrEi tad 6y UmLi Dm. Esti Cobh 2E . . . 1399S W First Asrnuc, Suite 301 Miami. FL 33130 Grantee Tax I.D. No. 65.0569350 Property Appraiser's Parcel I.D. No.. [rc.. I 87 I St T _1.9 01-3124-024-1500 01:3124:024-11.5.9 01.3124.024-1340 01.3124-025-0010 01:3 I 24-025:0020, 01-3124:027.0020 SPECIAL WARRANTY 66:6 99F239253 1999 JUL 28 15:49 DOCSTPDEE 15,000.00 SURTX 11/250.00 HARVEY MIN, CLERK DADE COUNTY, FL This• 7 .... . .. .. ...... . . .. .. .. Special Warramy,peed is made thi52k day of a./ , 199.9 . betwen D eACRA DESIGN ASSOCIATES, LTD.., a•Plcrida limited partnership(the "Gtantor"), whosc•post•offic address is 230 Fifth Street, Miami Beach, FI. 33139 and DACRA.DESIGN_MOO.REZEC: a FICtrid5 limited liability Ciiiinfi5ny (the "Grantee), whose post office address is 230 Fifth Street, Miami Beach. FL 33139. • • . ..W.ITNEZS 'T1-1'. that the Grantor. (Or arid liteOhidetatiiiii Of the Rithi.6fTEN.(S.10:00),DOLLARS AND OTHER GOOD -AND VALUABLE CONSIDERATION, to it in hand paid by the Grantee, the.reccipt, whereof is hereby acknowfddged, has granial bargained, 4riliold to ilic.arantec. and Grantee's,successors and assigns forever, the following described land, situate, and being in the County of Miami -Dade; State of Florida, tit.wil: Eats 3'. 5, 6 ahil 7., Of AMENDED .PLAT.OF A PORTION OF.OLOCK 10 OFBILTMORa SUBDIVISION AND A PORTION OF BLOCK 1 OF THE. AMENDED. PLAT OE COMMERCIAL BILTMORE SUBDIVISION, according to the Plat thcrcof recorded in Plat Book 45, at Page 55, of the Public Records of Dade County; Florida. Lots I, 2 and 8, in Block 10 of BILTMORE. according to the Plat thereof recorded in Plat Book 6, at Page 67, of the Public Records of Dade County: Florida. - - - • • • 1:13t3 2; lint] tL. in alba. I ;.o f AMENDED PLAT OF COMMERCIAL BILTMORE according to thc Plat thereof recorded in Plat Book 6; at Page 132; of the Public Retota Of Dada Cohnty; Florida: . . _ 7.61: BILTMORE; keiirding tit the Plat thcrcof recorded in Plat Book 6, at Page 67. of the Public Records of Dadc County, Florida. _ ......... Lot 22 and the East,10. of L.o1.21;tr1 B16411C 8, of BIETMORE.acciirding to the mai thereof reetirded in Plat Book 6, at Page 67, of the Public Records of Dade County. Florida. SUBJECT TO: 5:SSESSfnents for the year 1999 and subsequent years. 2. Conditions.-restrictiOnS, encuntbrances, limitations, casements, reservations and other matters of rcconl, none Of whith ihreithfitiSed hEi-Cliy; 3. APPlicablc zoning and land use laws and ordinances. _ . • • And subject•to the foregoing. the Grantor hereby fully warrants the title to said land, and will defend the same agaiiist the laStifUI Claims of any persons claiming under the Grantor, but against none other. IN WITNESS WHEREOF, the Grantor has hereunto executed and delivered this instrument. _ . . _ Signed, sealed and delivered DACRA DESIGN ASSOCIATES; LTD., '4Z-tonizektiChW4C1AL"U° • in the presence of: a Florida limited partnership coi Dux coop/ FLORIDA. HECCRO Y VPIIXKU HUVIN. Ofttl•I' COVPr By A ES. INC.. DACRA D N ASS a Florida corporatio le ne By: v retens eat ts Vicc President ' STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE . The foregoing instrument- was acknowledged before me••this c.7. day of • - • ; 1499, by _Steven Gretenstein, the. Vice President of.Dacre_Desigri. ArsotidtEK, Inc:; ..FlOritia_COrprirdiiiiii,.on.beh of theadriioratibn.in its capacity as general partner of Dacra Design Associates. Ltd„ a Florida limited partnership, onbehalf of that partnership, He is (personally kribwii ua mc) (produced as identification). Print ame: Commission Number C C. / •r• 7-7 N.OTAR.Y P .I3LIC; State of 1.19nda al (SEAL) I LLEZACVMDIDA,1999 FIVANCNO SWD bDhl WPO