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HomeMy WebLinkAboutApplication & Supporting DocumentsVACATION MD CLOSURERPPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION i;"- 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 prior to submittal 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%x11") 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 ourwebsite through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 03-2012 1 VACATION AND CLOSURE nPPucnTi.N Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. 1. Applicant(s): Iris Escarra, Esquire on behalf of PRH NE 28 ST, LLC owner and City of Miami, a Municipal corporation 2. Description of area: .Between NE 29 St and NE 27 St Alley, Biscayne Bay and 375 feet West thereof. 3. Copies of the Tentative Plat: One (1) 24x36" and one (1) 8%x11" prepared by a State of Florida registered land surveyor. 4. Original sketch of surveys:: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8%x11" prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than three (3) months elapse before Zoning Board or City Commission approval. 6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 8. A clear and legible copy of the legal description and sketch of area to be vacated, labeled as "Exhibit A". The original 8'/%x11" sketch of survey in #3 above can be labeled, "Exhibit A". 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. The subject property(ies) cannot have any open code enforcement/lien violations. 16. What is the acreage of the project/property site? .approx. 2.15 acres 17. What is the purpose of this application/nature of proposed use? street closure R vv. 03-2.012 2 D CLOSURE APPLICATION hip ,the boundaries of a historic site, historic district or archeological zone? 'fanning` and Zoning Department on the 3rd Floor for information. no 9 Is the propertywithin;the boundaries Of' an Environmental Preservation District? Please contact the . Planning and IZonrn'g Department..on,the;'3rd Floor for information. no 20 What would be the anticipated] duration of the presentation in front of the: X Plannin Zoning and: AppealsBoard 30 mins and/or X City Commission 30 mins 21. Cost of processing' according to Section 62-22 of the Miami City Code*: Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way $ 2.00 Minimum $ 3,000.00'> Maximum (Re -submittals) $ 4,000.00 b. Advertising $ 1,500.00 c. Mail notice fee per notice $ 4.50 d. Meeting package mailing fee per package $ 6.00 *Fees over $2 - 0 00.0 , : , all be paid in the form of a certified check, cashier's check, or money order. Signature / Address 333 America of the Americas Name Iris Escarra Miami, FI 33131 Telephone 305-579-0737 E-mail escarraiqtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 4 t/ day ofVCe/ 20f2=, by Iris Escarra, Esquire ( who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. Vk 4 ,t(44 P ,g4A ,e/-i / d ( (Stamp) Signature MARISOL RODRIGUEZ Notary Public - State of Florida • My Comm Expires Sep 27, 2014 .f„.,?:' . Commission # EE 30092 Rev. 03-2012 3 VAC)I:ftAN:.D CLOSURE APPLICATION F AUTHORITY T.O ACT Before me, this day, the undersigned. personally appeared Iris Escarra, Esquire , 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 pplicationras required,by the Code�of the City of Miami, Florida, affecting the real property located n the City of Miami, as fisted on the foregoing pages. 2. Than all owners who he/she;represents, if any, have given his/her full and complete permission for him/her to act rn his/her`' behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, x 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. Iris Escarra, Esq. Applicant(s) Name A'ppli STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ,�J�/ The foregoing was acknowledged before me this �] day of 20 , by Iris Escarra, Esq. who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. •— (Stamp) Signature ,'°�SY�,,,,,� MARISOL RODRIGUEZ Public - State of Florida y Comm 27, 2014 CoExpires Sep Commission # EE 30092 Rev. 03-2012 VAC.T1':ON*AN D CLOSU E APPLICATION LOSURE OF O WNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having afinancial interest, either direct or indirect, with respect to a presentation, t request or petition. •:Accordingly, disclosureof 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. Owners ilare(es)' PRE, ,NE 28 St, LLC Percentage of'Ownership See attached Exhibit "B" Subject Property Address(es) approximately 455 NE 28 Street (see attached Exhibit "A" 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): OC (lO5 (P.05so Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE p� The; foregoing as acknowled ed before me this / o` day of AN 2 0 l 2- b t who is a(n). individual/partner/agent/ • • oration of FRO 2g LLC. -, a(n) individual/partnership/corporation.,he is personally known to me or who has produced as identification ano. did (did not) take an oath. (Stain • J�',IPFY P(�B,'C SHILA M. NIEVES ?2 • Notary Public - State of Florida vg ▪ My Comm. Expires Jun 29, 2014 -9 p Commission # EE 5290 Signa ure Rev.. 03-2012 5- EXHIBIT "A" LEGAL DESCRIPTION: THAT PORTION OF WITHAM AVENUE PER BANKERS PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 53, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, NOW KNOWN AS N.E. 28TH STREET, LYING EAST OF THE NORTHERLY PROLONGATION OF THE WEST LINE OF LOT 50, OF SAID BANKERS PARK, AND ALL OF THE UNNAMED RIGHT OF WAY PER SAID PLAT OF BANKERS PARK, NOW KNOWN AS NORTH BAY SHORE DRIVE, LYING NORTH OF THE EASTERLY PROLONGATION OF THE NORTHERLY RIGHT OF WAY LINE OF N.E. 27th STREET ALLEY AND LYING SOUTH OF THE NORTH LINE OF SAID BANKERS PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 53, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA CONTAINING 18,211 SQUARE FEET, 0.418 ACRES MORE OR LESS. SURVEYOR'S NOTES: — This is not a Survey. — Bearings shown hereon ore based on an assumed meridian, and are referenced to the north right—of—way line of N.E. 28th Street, Miami —Dade County, Florida, having a bearing of N 8953'10" E. — This sketch and legal description are valid only when all sheets are combined, forming the complete document. NE 29TH STREET 1 I 1 I I BLIOaK I141 I I I I II I PIIf. fP1I8 (B,,1 5 SITE m 2P53 .1NE 28TH STREET Z 11.J'G1 1 — — 0 w (1I I I _ N BAYSHORE DRIVE m Z1- 1 1 1 11111111111111111111 111111111 — U L 1 1 1 1 111111 1I11111111111111111111 NE 27TH TERRJ CE 1 m(- 1 1 1 I I I I 111111111111111111111111 -1 \IIIIIII1 _ Ji lit I I I I I I) (TTT J I 1 NE 26TH TERRACE I �� �1 —.f— TTT I I LOCATION SKETCH (SCALE 1"=300') IN MIAMI—DADE COUNTY, FL. SURVEYOR'S CERTIFICATE: I hereby certify that the attached "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" was prepared in accordance with the Minimum Technical Standards for Surveying and Mapping, set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. THIS IS NOT A SURVEY Biscayne Engineering Company; Inc. 529 West Flagler Street, Miami, FL. 33130 Tel. (305) 324-7671, Fax (:305) 324-0809 State of Florida Department of Agriculture LB-0000129 Dot• D4-30-2012 • - Andrew D. Conner, PSM, For the Firm, Vice President Professional Surveyor and .Mapp.er No. 5995 State of Florida BEC REF. #80208, BR-966 F.•\SURVEY\PROJECTS\80000's\80401 THE RELATED GROUP\dwg\80401 SKETCH AND LEGAL.dwg 11/2/20,1 10:31:05 AM EDT DRAWING: 2120-SS-01 CLIENT NAME: PRH NE 28 ST, LLCM _REVISION -DATE:_. 05-21-12 BEC ORDER # 03_80401 DRAWN BY X.N. SHEET 1 OF 2 BISCAYNE ENGINEERING COMPANY, INC. Y•AK 1898 529 WEST FLAGT,F,R ST, MIAMI FL 33130 TEL (305) 324-7671, FAX (305) 324-1700 WWW. BISCAYNEENGINEERING. COM 2 U) 0 • c. 50'(P) T 50'(P) 5 4 50'(P) 1 50'(P) 50'(P) 50'(P) 46 BEARING BASIS N89'53'10"E THE WES 1( 170' OF LOT 1, l a ID L BLOCK 14 AMENDED PLAT OF BRIOADMOOR P.B.I 2 PG. 58 50'(P) I BANKE4S PARK P.B. 2 I PG. 53 3 al ____ T5 WEST LINE 5�) AW w L0T 1 O Polo O 0pplZ 1 N.E. 28th STREET WITHAM AVE. (P) 50'(7 —i 47 48 155'(P) N89 53'10"E LOT 1 LESS THE WEST 170' THEREOF, BLOCK 14 AMENDED PLAT OF BROADMOOR 1 P.B. 2 PG. 58 N89 54'2 rE 70.00' -" NORTH LINE OF 1 20' BANKERS PARK PLAT P.B. 2, PG. 53 2 154.98' 155'(P) 0_ 50'(P) 50'(P) 50'(P) 50'(P) 1� Lli 0 to l0 Iz WF LINE L I OF LOT 50 BANKERS PARK P. P, 2 PG. 53 — N.E. 27th STREET ALLEY 15' WIDE ALLEY (MA.S. NO. 21-AE) 6 i 7 i 8 i 9 I I I I 1 Area : 18,211 SQUARE I FEET 1 O0 I = a m i �3 O o zP 0 0 0 0 (1) o-20'v NORTHERLY PROLONGATION OF THE WEST LINE OF LOT 50 S89 53'10 "W 154.99' 155'(P) 50 155'(Pj 49 155'(P) NORTHERLY R/W LINE OF N.E. 27th STREET ALLEY �50' 0 I �_ q L 20' I 1 Ro N lo CO 0°0 O N 0 LTT ao N00'00'00"E 20' S89'59 07"W I10 71 , I 12 I 13 14 I 15 16 I 17 II 18 19 I I I FILLED LAND ALJ to 0 O co ZM SYMBOLS AND ABBREVIATIONS: P.B. - PLAT BOOK TWP. - TOWNSHIP PG. - PAGE RNG. - RANGE R/W - RIGHT OF WAY (P) - PLAT DATA SEC. - SECTION M.A.S. - CITY OF MIAMI MUNICIPAL ATLAS SHEET I J. IIACKAI4D LAIRD'S RkSUBDIIVISIONI I I I P. B. 7, PG. 11 I GRAPHIC SCALE 0 25 50 1 inch = 50 ft. THIS IS NOT A SURVEY NOTE: THIS DOCUMENT IS VALID ONLY WHEN ALL THE SHEETS ARE COMBINED FORMING THE COMPLETE DOCUMENT BEC REF. #80208, BR-966 F.:\SURVEY\PROJECTS\80000's\80401 THE RELATED GROUP\dwg\80401 SKETCH AND LEGAL.d,'g 11/2/2011 10:3005 AM EDT DRAWING: . 21.20-_SS-01 CLIENT NAME: PRH NE 28 ST, LLC REVISION DATE: 05-21-12 BEC ORDER # 03-80401 DRAWN BY X.N. SHEET 2 OF 2 BISCAYNE ENGINEERING COMPANY, INC. ,506 , 1898 529 WEST FLAGLER ST, MIAMI FL 33130 TEL (305) 324-7671, FAX (305) 324-1700 WWW. BIS CAYNEENGINEERING. COM Exhibit "B" PRH NE 28 ST, LLC breakdown of ownership: 100% Owner: PRH Investments LLC - PRH Investments LLC breakdown of ownership: 100% Owner: Perez Ross Holdings, LLC Perez Ross Holdings LLC breakdown of ownership: 75% Owner is Jorge M. Perez Holdings, Ltd 25% Owner Related NY Holdings, LLC Jorge M. Perez Holdings Ltd. breakdown of ownership: 15% Owner is Jorge M Perez 2002 Family Trust 83% Jorge M Perez, Individually --All other shareholders of Jorge Perez Holdings, Ltd own less than 5% interest in the company. Related NY Holdings LLC 100% Owner is Stephan Ross, Individually MIA 182,517,562v1 5-7-12 PRH NE 28 ST, LLC CORPORATE RESOLUTION THE UNDERSIGNED, being the Vice — President of PRH NE 28 ST, LLC., a Florida Limited Liability company (referred to as the "Corporation"), does hereby certify that the following is a true and correct copy of a resolution duly adopted by the Unanimous Consent of the Board of Directors of the Corporation: WHEREAS, the Corporation's Vice -President is Carlos Rosso , an individual; WHEREAS, the Corporation desires to agree to and consent to the City of Miami for the execution of the final plat mylars, in order to finalize the recording of the plat known as GARDEN PARK ON THE BAY. NOW, THEREFORE, BE IT: RESOLVED, that Carlos Rosso , as Vice —president is hereby authorized and directed to execute and deliver on behalf of the Corporation such final plat mylars, as well as any other instruments in order to finalize the recording of the plat known as GARDEN ON THE BAY. THE UNDERSIGNED CERTIFIES that the foregoing resolution was duly enacted by the Corporation in accordance with the Articles of Organization Incorporation and Vice --President of PRH NE 28 ST, LLC. has full power and authority to bind the Corporation pursuant thereto; and that the resolutions are in full force and effect as of the date of this Certificate and have not been altered, modified or rescinded. THE UNDERSIGNED FURTHER CERTIFIES that the below individuals are the duly appointed officers of the Corporation indicated below and that the specimen signatures set opposite their titles MIA 182,497,991v2 5-1-12 Corporate Resolution Page 2 of 2 below, are the genuine signatures of such officers: c;°,d PRH NE 28 ST, LLC, a Florida Limited Liability company By: Attested Print Na e: (Corporation seal) Vice Presidenfi%$Ecl't .T 5 el YibS kos90 ,as Go- liesto‘or IN WITNESS WHEREOF, I h ve affixed my name, -\V t Cl W, to this certificate this day of NOW 2012 as ness. Witness Printed name: C-►v'(A f1YC#•VU� STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) The foregoing Corporate Resolution M,2012,by 28 ST LLC, who personally appeared before CvT My Commission Expires: was acknowledged before me this 4 -f day of as V (� e S t �Q. v T( of PRH NE me and is personally known tome or-preditced as-identifisataion. Izosco ig OftitI:1j�r` ckide Print Name: P VLt Notary Public, State of Florida * D X973829- Mar.23 22 1 �}4 �: STtai'5 0 4 [NOTARIAL SEAL] MIA 182,497,991v2 5-1-12 \iACATION AND CLOSURE APPLICATION DISCLOSURE OF OWNERSHIP' 3. 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 director 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) City of. Miami, a Municipal corporation Percentage of Ownership Subject Property Address(es) approximately 455 NE 28 Street see attached Exhibit "A" 4. 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): 701(41"1 01,1iNn p ry. C,1111 Mt/ Owner(s) or Attorney Namle Legal Description(s): STATE OF FLORIDA-- COUNTY OF MIAMI-DADE Th� foregoing w s acknowledged before me this 31 day of Mat 20 1`0l by hirvu.1 lArkr \,1ne 71 li/£! who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an ath. (Stamp) """ OFEUA E. PEREZ ri?1Y: Pu!�oi. MY COMMISSION # EE 109268 EXPIRES: August 2, 2015 r,r ^'• � " Bonded Thru Notary Public Underwriters 'eV 9 Sign Rev. 03-2012 OPINION OF TITLE To: CITY OF MIAMI, FLORIDA, a municipal corporation With the understanding that this opinion of title is furnished to CITY OF MIAMI, FLORIDA, a municipal corporation, in compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of the tentative plat of GARDEN PARK ON THE BAY covering the real property described in Exhibit "A-1" attached hereto (the "Bankers Park Property") and the real property described in Exhibit "A-2" attached hereto (the "Broadmoor Property" and together with the Bankers Park Property, the "Property"). It is hereby certified that with regards to the Bankers Park Property we have examined Policy No. 7230609-85042773 issued by Chicago Title Insurance Company with an Effective Date of November 16, 2011 at 10:30:54 a.m. together with a search performed by Chicago Title Insurance Company through May 7, 2012 at 11:00 p.m. (the "Bankers Park Title Evidence"), which title information covers the period from the BEGINNING through May 7, 2012, at the hour of 11:00 p.m., inclusive, with respect to the Bankers Park Property. It is also certified that with regards to the Broadmoor Property we have examined Policy No. 7230609-84701136 issued by Chicago Title Insurance Company with an Effective Date of October 21, 2011 at 11:42:21 a.m. together with a search performed by Chicago Title Insurance Company through May 7, 2012 at 11:00 p.m. (the "Broadmoor Title Evidence" and together with the Bankers Park Title Evidence, the "Title Evidence"), which title information covers the period from the BEGINNING through May 7, 2012, at the hour of 11:00 p.m., inclusive, with respect to the Broadmoor Property. It is further certified that we have examined the Certificate of Merger (the "Certificate of Merger") filed with the Florida Department of State on November 30, 2011 and recorded in Official Records Book 28119, Page 868 of the Public Records of Miami -Dade County, Florida pursuant to which 28th & Biscayne, LLC, a Florida limited liability company merged with and into PRH NE 28th Street LLC, a Florida limited liability company. Basing our opinion solely on the aforesaid Title Evidence covering said period and the Certificate of Merger, we are of the opinion that on the last mentioned date, the fee simple title to the Property was vested in: PRH NE 28th Street LLC, a Florida limited liability company (the "Company") Subject to the following liens, encumbrances, and other exceptions: 1. RECORDED MORTGAGES: None 2. RECORDED MECHANICS LIENS, CONTRACT LIENS AND JUDGMENTS: None. Opinion of Title 1 MIA 182, 535, 808v1 3. GENERAL EXCEPTIONS: (a) All taxes or assessments for the year 2012 and all subsequent years. (b) Rights of parties in possession other than the above owners. (c) Facts that would be disclosed by an accurate survey of the Property. (d) Easements or claims of easements, not shown by the public records. (e) Any unrecorded laborer's, mechanics' or materialmens' liens and municipal liens. (f) Zoning and other restrictions imposed by governmental authority. (g) Taxes or special assessments which are not shown as existing liens by the public records. (h) Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. (i) Riparian or littoral rights. 4. SPECIAL EXCEPTIONS: With regards to the Bankers Park Property: (a) Easements and dedications as shown on the Plat of Bankers Park, as recorded in Plat Book 2, at Page 53, Public Records of Miami - Dade County, Florida. (b) Agreement for Water and Sanitary Sewage Facilities Between Miami -Dade County and O 2, L.L.C. recorded September 28, 2005 in Official. Records Book 23818, Page 690, of the Public Records of Miami - Dade County, Florida. (c) Covenant To Run With The Land by and between 0 2, L.L.C., a Florida limited liability company, and the City of Miami, Florida, recorded June 28, 2005 in Official Records Book 23520, Page 3775, Public Records of Miami - Dade County, Florida. (d) Code Violation Notice by the City of Miami, Florida Code Enforcement Board recorded March 4, 2010 in Official Records Book 27202, Page 3266, Public Records of Miami - Dade County, Florida. (e) Code Violation Notice by the City of Miami, Florida Code Enforcement Board recorded May 14, 2010 in Official Records Book 27284, Page 2301, Public Records of Miami Dade County, Florida. Opinion of Title 2 (f) Order of the Office of Hearing Boards of the City of Miami recorded April 20, 2012 in Official Records Book 28080, Page 4935, Public Records of Miami - Dade County, Florida. With regards to the Broadmoor Property: (a) Restrictions, covenants and conditions as set forth in that Declaration of Restrictive Covenants in Lieu of Unity of Title, recorded September 20, 2006 in Official Records Book 24928, Page 3812, Public Records of Miami - Dade County, Florida. All of the recording information contained herein refers to the Public Records of Miami - Dade County, Florida. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper title to any dedicated areas shown on the final plat of the Property, the subdivision thereof to be known as "GARDEN PARK ON THE BAY TOWER": Name Interest Reference PRH NE 28th Street LLC, a Florida limited liability company fee simple owner n/a Opinion of Title 3 I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this 23` day of May, 2012. GREE BERIG T RIG, P.A. -e//(}Xa- ii erly S. LeCompte, Attorney 333 SE 2nd Avenue Miami, Florida 33131 (305) 579-0500 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this J.I day of May, 2012 by 11,1 fzcttrcc Kimberly S. Leeompte, who is personally known to me or produced as identification. Print Name Notary Public, State of Florida Commission No. My Commission Expires: Opinion of Title 4 MARISOL HDDRIGUEZ = Notary Public - State of Florida1,0011 �a My Comm. Expires Sep 27, 2014 �� �f�'� OpO�` Commission # EE 30092 EXHIBIT "A-1" Legal Description of the Bankers Park Property Lots 1, 2, 3, 4, 5, 49 and 50, of Bankers Park, according to the plat thereof as recorded in Plat Book 2, Page 53, of the Public Records of Miami - Dade County, Florida. Opinion of Title 5 This instrument is prepared by ( and after recording ) please return this instrument to: Iris Escarra, Esq. Greenberg Traurig 333 Avenue of Americas 44th Floor Miami, FL 33131 Reserved for Recording COVENANT TO RUN WITH THE LAND THIS AMENDMENT (hereinafter the "Amendment"), is made as of this day of July, 2012, by and between PRH NE 28th St., LLC, a Florida limited liabity company, with offices at 315 South Biscayne Boulevard, Miami, Florida 33131 01111 the first part ("Covenantor"), and the City of Miami, a municipal corpor,,atio'the State of Florida, in the County of Miami -Dade County, party of the second alllllrrlIl(the "City"). RECITALS WHEREAS, Covenantor owns the parcel(s) of la Gated at 421 NE 28 Street, ill to it 111 ���m iiiii�����,, 435 NE 28 Street, 455 N.E. 28 Street; 429 N.E.treet and 460-62 NE 28 Street, Miami, Florida, more particularly described ������� � -� �I°ttached Exhibit "A" (the "Covenators IIIIIII„" Property"); and iiiillliliFi IVw" WHEREAS, Covenantor "finds to construct and develop a high-rise condominium with recreatio?��� menities on the Covenator's Property known as Tower pl%%imooil On The Bay (hereafte,„llmIllllt„h;ondominium"); and WHER IAS ° Covenantor has requested permission from the City to construct Illpllllllllp,,01, ,, improvemen"Iwithin property owned by the City located at 498 NE 28 Street, Miami, Flori iami-Dade County folio #01-3230-017-0420 (the "City's Property") and idertti°fied on the attached Exhibit "B"; and MIA 182, 592, 338v2 6-29-12 WHEREAS, improvements (hereinafter collectively called the "Improvements") shall consist of landscaping trees, an irrigation system, a decorative street lighting system, decorative sidewalk and baywalk, pavers and related structures as more described in greater detail on the Exhibit "C"; and WHEREAS, the Covenantor has agreed to dedicate to the City, land adj acen to the Covenator's Property to be used and enjoyed as a park and has agreed t610 ntain said park in perpetuity; and WHEREAS, the Covenator has agreed to contribute to th ai�ntanance of the inlet adjacent to the City's Property; and WHEREAS, the prior owner of the Covenant�I° p y „II II l 11lI1 111111������ ert --now and inactive ��II. IIII that certain Covenant to Run witl�,t e,,VF ro and dated as of February 9, 2005 entity --executed IllHooluloP Holo which was recorded June 28, 2005 in Offi T e5ords Book 23520, at Page 3775 of the Public Records of Miami -Dade Countyittirida (the "Covenant"), but never fulfilled its obligations therein; and WHEREAS, the Ci the land as a conditi permission to mo,�,. ,ro�°Iv ided. „1„II�''"°mod/or amend certain terms and provisions of the Covenant as hereinafter Vu„„, °Il 001, 11111 IWs required the execution of this covenant running with ecedent to its acting as Permittee and to the granting of said venantor to construct the Improvements on the City's Property; and EAS, Covenantor and the City desire to acknowledge, partially release, NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Covenator does hereby covenant and agree with City as follows: 2 MIA 182, 592, 338v2 6-29-12 1. Recitals. The foregoing recitals are true and correct and are made a part hereof. 2. Defined Terms. All terms utilized in this Amendment but not defined in this Amendment shall have the meaning ascribed to said terms in the Covenant. 3. Construction of Improvements. Covenantor is hereby allowed to insta11, construct, maintain, improve, replace and repair the aforementioned Improvem4 6n the City' s Property in accordance with City of Miami standards and specific1110 4. Maintenance of Inlet. Covenantor agrees to contrib e' to the maintenance oho of the inlet located immediately adjacent to the City's Propert 5. Requirement that the Improvements be ''"'ined and/or Restored. In the event that Covenantor, its heirs, successors, or.�1��� s fail in the reasonable discretion of the Director of the Department of�l',��� i� cWorks to properly maintain the 41, II Improvements, or any part thereof, so"they become a hazard to the health, welfare and safety of the general public,, � 4w,City shall give Covenantor written notice of such 111) lopoil iiii failure via certified mail, ret """"rr°receipt requested, with copies to any mortgagee who has given written notice lien to the City of Miami, and Covenantor shall within thirty (30) days fro eceipt of such notice either (i) restore the Improvements, or any part u; V thereof, t °1sfe condition satisfactory to the City or (ii) remove the Improvements, or any,hereof, and restore the City's Property to the City's standards at no cost or 0,4 expense to the City. 6. Enforcement of Requirement that the Improvements be Maintained and/or Restored. Maintenance or In the event that Covenantor, its heirs, successors, or assigns fail to either restore the Improvements, or any part thereof, to a safe condition satisfactory 3 MIA 182, 592, 338v2 6-29-12 to the City or remove the Improvements, or any part thereof, and restore the City's Property, within the specified time as set forth in Paragraph 5 of this Amendment, the City may contract for such restoration or removal, and the amount of such restoration or removal costs shall be declared and established as a lien against the Covenator's Property described on the attached Exhibit "A" and enforced as any lien provided for underthe IIDI Statutes of the State of Florida and the Code and Ordinances of the City °;��� iami. Covenantor shall pay the City's reasonable attorneys' fees and costs of, in any action to foreclose the lien or otherwise recover costs for res the Improvements or any part thereof 1114, tion arising tion or removal of 7. Waiver Recourse Against the City witsect to the Improvements.1000 Covenantor further covenants and agrees that alb iiiii%nurse against the City is hereby expressly waived as to any damage causedo 1 whole or in part, of the remainder o "" e � "nantor's Improvement, resulting from the part thereof, from the City's Property, pursuant to removal of the Improvements, or Paragraph 6 of this Amendm 8. Indem c 111 Removal of tl,""n;mprovments. Covenantor shall indemnify, defend, and hold harmless r�°j�� any claims, demands, liabilities, losses or causes of action of any nature e000 uential or otherwise, to any portion, in tion with Respect to Construction, Maintenance and/or the City wha, r arising out of the use, construction, maintenance and/or removal of the Impsovements, or any part hereof, from and against any orders, judgments or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim, or in the investigation thereof. 4 MIA 182, 592, 338v2 6-29-12 9. Indemnification with Respect to the Grant of the Amendment. Covenantor shall indemnify, defend and save the City harmless from and against any and all claims, liability, losses and causes of action, of any nature whatsoever which may arise out of the granting of this Covenant or out of Covenantor's activities under this Amendment, including all other acts or omissions to act on the part of Covenantor or°any 0,11 person acting for or on Covenantor's behalf, and from and against any orders, "jnents or decrees which may be entered and from and against all costs, attorney' °" s, expenses ""'Illlllllllillll p„ and liabilities incurred in the defense of any such claims or in the in e° tigation thereof. 10. Insurance. Covenantor's contractor shall car a�d'omprehensive general liability policy of insurance of at least $1,000,000 comb' Ingle limit for bodily injury and property damage issued by a State of rida „liireised111111 insurance company rated AV or better per A.M. Bests' Key Rating Guid 1111111111 )cohl other policy of insurance as may be agreed to be Covenantor and the City. °°insurance shall be subject to the approval of Ioolo �'k�� . the City' s Insurance Coordinap��°1Wroducts and completed operations, contractual liability, explosion, collapse " r c'°underground liability coverage shall be included under said policy. The in " e shall be provided by Covenantor's contractor. The policy 1111 term or any Few�als thereof shall remain in effect for the term of the Amended Covenan mIIllliill,,,"' e insurance carrier for the policy must be rated no less than A Rated as to msool alllll lay'g strengthby ement and no less than Class V as to the latest edition of Best's Insurance Guide and must be approved by the Risk Management Division of the City. The City shall be named as Additional Insured under the policy. Proof of insurance shall be supplied to the satisfaction of the City prior to the issuance of any permits. A 5 MIA 182, 592, 338v2 6-29-12 certificate of insurance bearing the City as "Additional Insured" shall in no way relieve Covenantor of the obligation to add the City as "Additional Insured" to the actual insurance policy. The insurance policy shall provide that the City be given at least thirty (30) days advance written notice of any material changes, cancellation or non -renewal notification of any policy, and in the event of such material change, cancellation, or npn- renewal notification, Covenantor shall immediately replace said policy wi"i,'Mother policy to the satisfaction of the City with the receipt of a certificate of a 11111, ce for such '° Ilppp�C��ipp K policy by the City at least ten (10) days prior to the effective date of material changes, cancellation or non -renewal of any policy. In the event that e cy is not in possession of same by such date, then the City shall have the righ����^�"°"��mediately secure a similar olooloopool 14 insurance policy in its name with the total cost of t "°,premium and all monies that may ooi,„( become due during the term of the Covens' bg charged to Covenantor and the City h0said costs as a lien on the Covenantor's shall have the right to declare and es,; Property and enforced as any lie re, vided for under the statutes of the State of Florida. agreesNoooolo 'iii Covenantor to mcre s�im time to time the limits of the comprehensive liability insurance policy regi1 d,, °to be provided pursuant to this Amendment, upon the written 000lo request of the �y. > >• ���'ooCovenant to Run with the Land. It is expressly understood and agreed that this, ent shall be binding upon Covenantor and also upon its successors in interest or a 'signs including but not limited to the condominium association of the Condominium, and shall be a condition implied in any conveyance or other instrument affecting the title to the aforesaid property or any portion thereof. 6 MIA 182, 592, 338v2 6-29-12 12. Notice. Any notice, request, demand, approval or consent given or required to be given under this Amendment shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail (return receipt requested), postage prepaid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: Covenantor: The City: PRH N.E. 28th Street, LLC, """�����, (i i1 315 South Biscayne BoulevardIII 3rd Floor iiuw� Miami, Florida 33131 4'401iiii��liiiiu� Attn: Carlos Rosso with a copy to Iris Escarra Atli,,,,,,,, Greenbe"m rig 333 A e of the Americas (332nd Avenue) °°4400 iami, Florida 33131 City Manager The City of Miami 444 S.W. 2ND Avenue Miami, Florida 33130 and Public Works Director The City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 4110 ovenantor herein expressly acknowledges that (a) the permission granted by the City to construct the Improvements on the City -owned is solely for the limited purposes set forth herein and does not constitute a lease and that the rights of Covenantor hereunder are not those of a tenant but is a mere personal privilege to do certain acts on the City -owned land, (b) the City retains dominion, possession and control of the City 7 MIA 182, 592, 338v2 6-29-12 land and can in the event of default by Covenantor unilaterally end the permission herein granted to Covenantor without any fault or breach or cause whatsoever provided, however, that notice is given to Covenantor and Covenantor has not cured the event of default within the period of time specified herein after receipt of notice and (c) Covenantor does not and shall not claim at any time any interest or estate of any kind or yby ue of 111,0, extent whatsoever in the City -owned land virtue of its use hereunder or b any expenditures incurred in connection herewith. [SIGNATURE PAGE FOLLOWS) III 8 MIA 182, 592, 338v2 6-29-12 IN WITNESS WHEREOF, Covenantor has caused these presents to be executed and signed in its name by its and its corporate seal to be affixed hereto and attested to by its secretary, the day and year first above set forth. FIRST WITNESS Print Name: SECOND WITNESS Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) I HEREBY CERTIFY that on this day before me, an officer duly authorized to ad , as limited liability company. They are p as identification. in PRH NE 28TH STREET, LLC By: lug Its: 'i0oi, of ,������ln mo, i�1111�11�11111112012 m is, e� �h Personally appeared t s and take acknowledgements, of - N.E. 28m Street, LLC, a Florida Iy known to me or have produced NOTARY PUBLIC Print Name: Commission No. Commission Expires: [SEAL] MIA 182, 592, 338v2 6-29-12 9 EXHIBIT "A" THE "COVENANTOR'S PROPERTY" Lots 1, 2, 3, 4, 5, 49 and 50, of Bankers Park, according to the plat thereof as recorded in Plat Book 2, Page 53, of the Public Records of Miami - Dade County, Florida. and The East 50 feet of the West 100 feet of Lot 1, Block 14, AMENDED PLAT Off, BLOCKS BLOCKS 13 AND 14 OF BROADMOOR, according to the Plat thereof, as r;,red in Plat Book 2, Page 58, of the Public Records of Miami -Dade County, Flo, 'd°) and The East 70 feet of the West 170 feet of Lot 1, Block 14, BLOCKS 13 AND 14 OF BROADMOOR, according to Plat Book 2, Page 58, of the Public Records of Miar- and Hoo������� The West 50 feet of the West 100 feet 1, Block 14, of AMENDED PLAT OF BLOCKS 13 AND 14, OF BROADM according to the Plat thereof, as recorded in Plat Book 2, Page 58 of the Public"'ords of Miami -Dade County, Florida. slow Hold. ED PLAT OF at thereof, as recorded in ounty, Florida. 10 MIA 182, 592, 338v2 6-29-12 EXHIBIT "B" THE "CITY'S PROPERTY" Folio: 01-3230-017-0420 BANKERS PARK PB 2-53 RIPARIAN RIGhTS OPPOSITE BANKERS PARK PB 2-53 DB 914 PAGE 163 IA 182, 592, 338v2 6-29-12 EXHIBIT "C" THE "IMPROVEMENTS" To BE INSERTED UPON APPROVAL. 12 MIA 182, 592, 338v2 6-29-12 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: Carlos (First Name) HOME ADDRESS: 315 S. Biscayne Blvd. 4th Floor F Rosso (Middle) (Last Name) (Address Line 1) (Address Line 2) CITY: Miami STATE: FL HOME PHONE: 305 460 9900 CELL PHONE: 786 229 1631 EMAIL: crosso@relatedgroup.com ZIP: 33131 FAX: 305 460 9911 BUSSINESS or APPLICANT or ENTITY NAME PRH NE 28 ST, LLC BUSINESS ADDRESS: 315 S. Biscayne Blvd (Address Line 1) Miami, Florida 33131 (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. Approval of street closure application for property located at approximately 455 NE 28 Street, Miami, FI 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? 0 YES g 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. n/a b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. n/a 5. Describe what is being requested in exchange for the consideration. n/a 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 expir n of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Signature eatos . not Name Sworn to and subscribed before me this day of ►/ I , 20012.. The foregoing instrument was acknowledged before me by ,�o� stab' who has produced as identification and/or is personally known to me and who did/did not take an oath. As- _a . a , STATE OF FLORIDA CITY OF MIAMI ; „I���,,, Pbal�, SHILA M. NIEVES d2**aV = Notary Public - State of Florida MY COMMISSION Notary 43 54)16C VICA/L3 _ * ,. , ,, rc My Comm. Expires Jun 29, 2014EXPIRES: '% '-of of''' �;koF,,,,, Commission # EE 5290 ��nunu• iM ' ( Pnnt Name Enclosure(s) Doc. No.:86543 Page 2 111111111111111111111111111111111111111111111 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA PRH NE 28TH STREET LLC Plaintiff(s) / Petitioner(s) VS. 02 (LLC) , et al. Defendant(s) / Respondents(s) C-FN 2011R0771123 DR Bk 27895 P9 2737► (1P9) RECORDED 11/16/2011 10;30:54 DEED DOC TAX 24.60 SURTAX 18.45 HARV'EY RUVIflr CLERK OF COURT i1IAi1I-DADE CDIJNTY1 FLORIDA LAST PAGE GENERAL JURISDICTION DIVISION Case No: 08058921CA01 Section: 42 Doc Stamps: $24.60 Surtax: $18.45 Consideration: $4,100.00 CERTIFICATE OF TITLE The undersigned clerk of the court certifies that a Certificate of Sale was executed and filed in this action on October 28, 2011, for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property in Miami -Dade County, Florida: Lots 1, 2,,�3, 4, 5, 49 and 50 of BANKERS PARK, according to #bo Plat thereof as recorded in P1at Soak 2, Page 53 of the Public Records of Mimi -Dade County, Florida. was sold to: PRH NE 28TH STREET LLC AS SUCCESSOR -IN -INTEREST TO BNP PARIBAS VPG BROOKLINE CRE, LLC, AS SUCCESSOR -IN -INTEREST BROOKLINE FINANCING L.L.0 315 S. Biscayne Blvd. Miami, FL, 33131 Rev 10/5/2009 WITNESS my hand and the seal of this court on November 09, 2011 . 1 Harvey Ruvin, Clerk of Courts Miami -Dade County, Florida Book27895/Page2737 CFN#20110771123 Page 1 of 1 111111111111111111111111111111111111111111111 This instrument prepared by or under the supervision of (and after recording should be returned to): Name: Address: Kimberly S. LeCompte, Esq. Greenberg, Traurig, P.A. 333 Avenue of the Americas, Ste. 4400 Miami, Florida 33131 CFN 2011R0710798 OR Bk 27867 Pss 2773 - 2775E (3ass) RECORDED 10/21/2011 11:42:21 DEED DOC TAX 6/300.00 SURTAX 4r725.00 HARVEY RUVIUr CLERK OF COURT tlIAMI-DADE COUNTY, FLORIDA (Space Reserved for Clerk of Court) Parcel I.D. Nos. 01-3230-014-0170, -0150, and -0180 WARRANTY DEED This Warranty Deed is made and entered into as of the 1C1 day of October, 2011 by VISTA BISCAYNE, LLC, a Florida limited liability company ("Grantor"), whose mailing address is 12277 SW 55th Street #901, Cooper City, Florida 33330, to 28 & BISCAYNE, LLC, a Florida limited liability company ("Grantee"), whose mailing address is 315 S. Biscayne Blvd., Miami, Florida 33131. Wherever used herein, the terms "Grantor" and "Grantee" shall include all of the parties to this instrument and their successors and assigns. WITNESSETH: GRANTOR, for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,, has granted, bargained and sold, and by these presents does hereby grant, bargain and sell to Grantee and Grantee's heirs, successors and assigns forever, the following described land situate and being in Miami -Dade County, Florida (the "Property"), to wit: See Exhibit "A" attached hereto and made a part hereof. TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 2011 and all subsequent years; (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements imposed by governmental authority, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations; and (c) conditions, declarations, restrictions, limitations and easements of record, if any, but this reference shall not operate to reimpose same. TO HAVE and to hold the same in fee simple forever. GRANTOR hereby covenants with Grantee that it is lawfully seized of the Property in fee simple, that it has good right and lawful authority to sell and convey the Property, that it hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever. MIA 182,156, 618v1.9-16-11.999901.321024 Book27867/Page2773 CFN#20110710798 Page 1 of 3 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the day and year first above written. Witnessed: Print ame: Print Name: S,.) 4. V c(rr, k*7 STATE OF FLORIDA ) COUNTY OF awct ) ss: GRANTOR: VISTA BISCAYNE, LLC, a Florida limited liabili co pany ti J_ [. *!':NEc..sar4 FE � N1 ANW G By: EZ- The foregoing instrument was acknowledged before me this i 1 day of October, 2011. by Nasdn p.rnartd..e.Z , a rn of VISTA BISCAYNE, LLC, a Florida limited liability company, on behalf of said col -Oration. He/She is personally known to me or produced as identification. [Notarial Seal] Name:..,r�--- Notary Public, State of Florida My commission expires: Commission No. SUSAPIA 1.3ARNVP \\Ut117P�1 es„,o Comm# DD0901692 `goex Expires 7/23/2013 s Florida No:aryAssn., MIA 182,156, 618v1.9-16-11.999901.321024 Book27867/Page2774 CFN#20110710798 Page 2 of 3 OR Bk 27867 PG 2771 LAST PAGE Exhibit "A" Legal Description Parcel A: The East 50 feet of the West 100 feet of Lot 1, Block 14, AMENDED PLAT OF BLOCKS 13 AND 14 OF BROADMOOR, according to the Plat thereof, as recorded in Plat Book 2, Page 58, of the Public Records of Miami -Dade County, Florida. Parcel B: The East 70 feet of the West 170 feet of Lot 1, Block 14, AMENDED PLAT OF BLOCKS 13 AND 14 OF BROADMOOR, according to the Plat thereof, as recorded in Plat Book 2, Page 58, of the Public Records of Miami Dade County, Florida. Parcel C: The West 50 feet of the West 100 feet of Lot 1, Block 14, of AMENDED PLAT OF BLOCKS 13 AND 14, OF BROADMOOR, according to the Plat thereof, as recorded in Plat Book 2, Page 58 of the Public Records of Miami -Dade County, Florida. MIA 162,156,618v1.9-16-11.999901.321024 Book27867/Page2775 CFN#20110710798 Page 3 of 3 GRAPHIC SCALE BOUNDARY SURVEY / TENTATIVE PLAT OF OARDEN PARS ON '11I'E BAY =Eng. m LL A REPLAT OF THE WEST 170' OF LOT I, BLOCK 14, AMENDED PLAT OF BROADMOOR, P.B. 2, PG. 58; LOTS I, 2, 3, 4, 5, 49 AND 50, AND A PORTION OF THE UN -NAMED STRIP OF SUBMERGED LAND, NOW FILLED, BANKERS PARK, P.B. 1, PG. 53, ALL BEING RECORDED 1N THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING IN FRACTIONAL SECTION 30, TOWNSHIP 53 SOUTH, RANGE 42 EAST CITY OF MIAMI MIAMI-DADE COUNTY FLORIDA • LOT 10 Lit eo Gxo P.B. 22 PG. 97 •y,o W _ •A ALE. 2901 BEET L -.T:. ;sBveT�i.,.v — ,�ii� viva: LOT AMEDE PLAT Or BROABROnR LOGI: ,. ycol ... ... C un +AA UE IIKKITIOT IAROO NOTS-TIETE r ,en ROW iu2.,, 11 f r lE+T-:%IfaiTJ'.:I=72JA .�['i"i.Vari.!' .''r ..1✓ — r : �89 10.E wEe, 'V,9 •HDFIR J^^STIDeavrn,..eM A.EiTFF1EIDEAII.11 �YW. :.a t� ,iIDER EGY••.... _a1 �-' +�sR` -•.-gyp.a ft• a^c•. J• 1 ewc,rv`,J' nv o€s �'LL�INE: c i�llfl..� FI Bo r N.E �STRFEF m 91G. WI -207-1 MEE TABLE ,..,a. R $ •oauoye .,.... ,•- a •.r ag. n. rAr �..-•w� ¢�. Lm�LI LOT 111 WRENSPARK 9 LOT1107:'�1 PUBU0 RAY BE aauB BY ME. 2149!STREET taa CANT Is4.99TB/. ;BMY . s�,+R.,�R•i..N'�z7flhssnEwtTACLFv2:..,r .w �^ti=. m..REMOM w ROW REM NIS T. LG.YR 1 110j• PUTTED i e a c Lar 2B�"� ATTENTION SHOULD BE MADE TO THE SCALE OF THIS „m1=:111..... DRAWING AS IT HAS BEEN REDUCED FROM ITS ORIGINAL ==-"R'='•"' , SIZE OF 30"X36" 7-10 .270 Me TABLE mo.o.oro anti ts'dwr.w w3. DA Y LF 9.91d1YT ,� SETT 1T LOCATION NAP µ=PROMO or,aovo IN MIAMI-OAOE COUNTY, FL. SCAIE ...z 'Avg ne.,.. =,.,r---; a,m.. -Oin.e.rorB = --•,mn,r„e...s .. Pand Ra.,B.Az P.,..• wm• PAa B••mw..,.-w. n'a ,.w ,. Q.••'•• . «,mm. w.,,...,. :::A • P,Ar= m.2, m° ggrie'r girt «otl°,gym etttioP =;M " u� R .,.m..-o.. mw, wy P¢.m wwaes Ame.wwwFA,=. m ¢se•m.+w •+M aan.=.i.r wM m,.wu. lm.ww .ronors woo, „raw .. . • mlm.m., OaArmaw.. aw ,.1 Oye..•.•,... •w. .M• ,..•,.....p� •.. • Fat . ..w:: - ^�..w,m m • ,..w .w.....ww. IMTATIVE PLAT NOTES OB..=niAv a n w B• = � Rm. not Ana v.. xo-a .-,n" 144.444. 151,1 w te TENT WIPE VM Pla01' NO. '8 - BR-966 m w F GARDEN PARK ON s 0]-B0A01 1 rOF'2)