HomeMy WebLinkAboutExhibitSETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into between (1) Morningside Civic
Association, Inc., a Florida not -for -profit corporation, which for all purposes of this Agreement
includes the following individual Appellant Morningside Neighborhood residents in their
respective individual capacities: Rod Alonso, Rob Stebbins, Scott Crawford, and Elvis Cruz,
jointly and severally, (collectively referred to for both the Morningside Civic Association, Inc.
and the named individual Appellants as "Morningside"); (2) Bayside 5101, LLC, a Florida
Limited Liability Company ("Bayside"), as successor in interest to Chetbro, Inc., a Florida
corporation ("Chetbro" or "Developer"); and (3) the City of Miami, a Florida municipal
corporation ("City"). Morningside, Bayside, and the City are collectively referred to as the
"Parties."
RECITALS
WHEREAS, Bayside is the owner of the properties located at 5101 Biscayne Boulevard
(Folio No. 01-3129-018-00702) and 5125 Biscayne Boulevard (Folio No. 01-3219-017-0090)
located in the City of Miami, Florida, which are more particularly described in the Warranty
Deed attached hereto as Exhibit "A", (collectively, the "Property");
WHEREAS, on or about July 21, 2004, the Director of the City's Planning and Zoning
Department, pursuant to Article 15, Sections 609.3, 1512, and 923.2 of City Zoning Ordinance
11000, issued Class II Special Permit No.2003-0309 ( "Class II") to Chetbro;
WHEREAS, the Class II authorized the new construction of a mixed use building at the
Property to include 63 residential units, 87.4 feet in height, 8 floors, 89 parking spaces, and
87,275 square feet of residential floor area (1.72 FAR), as more particularly described in the
attached Exhibit "B" and as analyzed for Gross Floor Area ("GFA") in the plans entitled
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RCRd 13-5'J/
"Bayside Motel Approved Project Floor Areas," dated December 2, 2013, prepared by DB Lewis
Architecture and Design attached hereto as Exhibit "C";
WHEREAS, Morningside appealed the issuance of the Class II to the City's Zoning and
Appeals Board ("Zoning Board") and on October 4, 2004, the Zoning Board issued Resolution
ZB 2004-0928 denying Morningside's appeal;
WHEREAS, Morningside then appealed the Zoning Board's decision to the City
Commission and, .on November 18, 2004, the City Commission adopted Resolution 04-01208
reversing the decision of the Zoning Board;
WHEREAS, the Developer appealed to the Appellate Division of the Eleventh Judicial
Circuit Court in and for Miami -Dade County and on July 14, 2006 the Court quashed the
decision of the City Commission and remanded the matter to the Commission for further
proceedings;
WHEREAS, on February 28, 2008, the City Commission granted the Class II subject to
a further height reduction for the project of 35 feet from the previously approved height;
WHEREAS, the Developer appealed again to the Appellate Division of the Eleventh
Judicial Circuit Court in and for Miami -Dade County and on November 13, 2008, the Circuit
Court affirmed the Miami City Commission's decision;
WHEREAS, the Developer appealed to the Third District Court of Appeal of Florida and
in an opinion dated October 7, 2009 and reported as Dougherty v. City of Miami, 23 So. 3d 156
(Fla. 3d DCA 2009), the Court of Appeal granted certiorari and quashed the decision of the
Circuit Court remanding back to the City Commission;
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WHEREAS, on remand from the second appeal, the City Commission conducted a de
novo review and on May 27, 2010, again imposed a 35-foot height limitation on the development
of the Property;
WHEREAS, upon appeal, the Developer was denied relief by the Circuit Court and
appealed to the Third District Court of Appeal of Florida and, in an opinion dated April 25, 2012
and reported as Dougherty v. City of Miami, 89 So. 3d 963 (Fla. 3d DCA 2012), the Court of
Appeal granted the Developer's writ of certiorari and quashed the decision of the Circuit Court;
WHEREAS, upon remand from the Third District Court of Appeal, the City Commission
approved Resolution No.13-0013 denying Morningside's appeal and affirming the decision of
the Zoning Board, in accordance with the opinion of the Third District Court of Appeal,
approving the Class II for the development of 63 residential units, 87.4 feet in height, 8 floors, 89
parking spaces, and 87,275 square feet of FAR, consistent with the plans attached hereto as
Exhibits B and C.
WHEREAS, the existing two-story historic structure (a/k/a Bayside Motor Inn Motel)
located on the Property consists of 13,511 square feet as articulated in the plans prepared by DB
Lewis Architects, attached hereto as Exhibit D;
WHEREAS, the Miami Modern/Biscayne Boulevard Historic District ("MiMo District")
was established by the City Commission on June 6, 2006;
WHEREAS, Morningside and the City have raised concerns regarding the potential
impact of the Project on the MiMo District and surrounding neighborhoods;
WHEREAS, Bayside recognizes that Momingside and the City have concerns regarding
the potential impact of the Project on the MiMo District and surrounding neighborhoods;
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WHEREAS, Bayside wishes to mitigate the Project's perceived impact on the MiMo
District and surrounding neighborhoods by agreeing to certain conditions and knowingly and
voluntarily forgoing certain development rights as granted in the Class II;
WHEREAS, the Parties amicably desire to resolve all of the concerns, issues, claims,
rights, and entitlements raised by Morningside and the City with respect to the development of
the Property, including the height of the proposed building as approved in the Class II;
WHEREAS, on October 22, 2009 , the City has legislatively instituted, in the applicable
sections of Chapter 23 of the City Code and the Miami 21 Zoning Ordinance, a height restriction
of 35-feet for new buildings or structures developed within the boundaries of the MiMo District;
WHEREAS, the City has created the Transfer of Development Rights ("TDRs")
program, set forth in Section 23-6 of the City Code to encourage new construction and
improvements to existing structures located within the boundaries of the MiMo District and to
redress the _loss of property rights to those property owners. -located -within the MiMo District by
the imposition of the 35-foot height limitation; and,
NOW, THEREFORE, in reliance upon the recitals stated above, and in consideration of
the mutual covenants, conditions, and agreements contained herein, each Party hereto, on its own
behalf, and on behalf of the entities specifically noted or referred to herein, intend to be legally
bound, stipulate, and agree as follows:
1. Recitals. The foregoing recitals are true, correct, and incorporated herein by
reference and no Party shall raise, and each Party expressly knowingly and voluntarily waives,
any defense to the enforcement of this Agreement based on any assertion that it is unenforceable
for any reason whatsoever, including, without limitation, public policy considerations.
2. In consideration of the terms of this Agreement, the City agrees as follows:
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A. Release by the City. The City hereby releases, acquits, satisfies, and
discharges Bayside and Morningside from any and all claims, demands,
liabilities, debts, judgments, damages, expenses, actions, causes of action, or
suits related to the issuance of the Class II and various related appeals, or any
alleged violations of the City's Laws and Ordinances that the City may have,
may have had, or does now have to bring against Bayside and Morningside
which involves this Class II Permit that was granted for the Property.
B. Transfer of Development Rights. The City agrees that in order to encourage
the preservation of the historic Property and to minimize the impact of the
development of the Property on the MiMo District and surrounding
neighborhood, as permitted under the Class II, Bayside will be allowed to
transfer the available unused development rights of the approved Class II in
exchange for_Bayside'_s withdrawal and abandonment of the Class II Special
Permit and forfeiture of rights to issuance of a building permit pursuant to the
Class II. Specifically, the City agrees to issue a TDR Certificate of Eligibility
("COE") and Certificate(s) of Transfer ("COT"), subject to the following:
(a) The Property qualifies as eligible contributing resource for the purposes of
participating in the T DR program.
(b) The TDR process will go through the standard reviews for the issuance of
the respective COE and COT as appropriate. To the extent required by
Chapter 23 of the City Code of Ordinances, as amended, Bayside will
apply to the Historic and Environmental Preservation Board ("HEPB") for
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approval of the rehabilitation proj ect prior to receiving any TDR
certification.
(c) The Property is legally vested under Zoning Ordinance 11000 and the SD-
9 zoning designations for development of 118,755 GFA of structure.
(d) The City recognizes the additional costs and requirements associated with
the rehabilitation of this historic property and, in the unique circumstances
and extensive litigation over the Property as set forth in this Settlement
Agreement, shall in this particular instance, permit a multiplier of not
more than four (4.0) times the unused floor area or unused development
rights in order to calculate the amount of TDRs allowed to be transferred
to an eligible receiving site.
(e) The City agrees that the unused available development rights for the
Property will be issued pursuant to -a COE for a total ofnot-more than
459,528 square feet of unused available TDR for the Property, to be
calculated as follows:
(i) TDR Multiplier. 118,755 square feet of GFA Pursuant to Class II
x 4.0 TDR Multiplier = 475,020 square feet.
(ii) Total Unused Development Rights Available for Transfer:
475,020 square feet minus 15,492 square feet of existing historic
structure located on the Property = 459,528 square feet of Total
Unused Development Rights Available for Transfer.
(iii)In all other respects, Bayside will comply with all requirements,
conditions, safeguards, and stipulations of the City TDR
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_Ordinance, Section 23-6 of the City Code, which is deemed as
being incorporated by reference as though set forth in full herein.
3. In consideration of the terms of this Agreement, Bayside agrees as follows:
A. Release by Bayside. Bayside hereby releases, acquits, satisfies, and
discharges the City, its officials and employees, and Morningside from
any and all claims, demands, liabilities, debts, judgments, damages,
expenses, actions, causes of action or suit related to the issuance of the
Class II and various related appeals or any alleged violations of Bayside's
property rights that Bayside may have, may have had, or may hereafter
bring against the City and/or Morningside.
B. Indemnification of the City. Bayside agrees to indemnify, defend, save
and hold harmless the City, its officials and employees from any claims,
demands, liabilities, losses, causes -of action -of any nature whatsoever
arising out of or in connection with the Agreement, the granting of the
TDR COE, TDR COT, building permits, or any other approval or any part
thereof', and from any past, present, or future development or use of the
Property as referenced in this Agreement, and additionally from and
against all costs, fees, expenses, liabilities, any orders, penalties, damages,
judgments, or decrees which may be entered and from and against all
costs, attorneys' fees (inclusive of trial, appellate, and administrative
proceedings), expenses, and liabilities incurred in the defense of such
claim or in the investigation thereof.
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C. Binding Agreement. Bayside expressly understands and agrees that this
Agreement shall be binding upon Bayside, and also upon its heirs,
successors in interest, or assigns and shall be a condition implied in any
conveyance or other instrument affecting the title to the Property or any
portion thereof. This Agreement shall be recorded in the public records of
the Miami -Dade County by Bayside and its own cost and expense and
shall serve as a covenant running with this Property. Bayside
acknowledges that its representations and affirmations contained in this
Agreement touch and concern the Property. Bayside will submit a
certified copy of the recorded Agreement to the Planning Director within
thirty (30) days of the date the Agreement is recorded with a copy to the
City Attorney's Office.
D. Discontinuation of Appeals. Bayside further, -on its own -behalf-and as
the successor in interest or assignee of the original Appellants in the
Circuit and Appellate Courts, Lucia Dougherty on behalf of Contract
vendee J. Laurence Eisnenberg, Trustee hereby affirms to the City, its
officials and employees and to Morningside that all appeals and
proceedings styled Dougherty v. City of Miami and Morningside Civic
Association, Inc., et al., Petitioners vs. Miami City Commission, City of
Miami, et. al. (Circuit Court Appellate Division, 11th Judicial Circuit Case
No. 13-055 AP) is included in this Agreement and is rendered moot upon
final approval of this Agreement. The current appeal being pursued by
Morningside relating to the Dougherty v. City of Miami will be dismissed
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with prejudice by Morningside as it is also mooted by this Agreement.
Any other Appellate, administrative, or trial proceedings that are related to
the subject matter of this Agreement will be dismissed with prejudice with
each respective party to bear its own costs and attorneys' fees. .Each party
to the current appeal currently pending between Dougherty and
Morningside, as they are identified above, will bear their own respective
costs and attorneys' fees.
E. Withdrawal of Class II Special Permit. Bayside agrees
that upon the issuance of the COE for the TDRs for the Property as set
forth herein and in order to minimize the impact of the development of the
Property, as permitted under the Class II, Bayside will withdraw and
abandon the Class II Special Permit and knowingly and voluntarily forfeits
and relinquishes its rights to the issuance of a building permit pursuant to
the Class II.
1. Transfer of Development Rights. Bayside expressly
agrees to adhere to the requirements for the preservation of eligible
historic resources using the provisions of the TDR Application
process as required under Section 23-6(8) of the City Code and any
other applicable provisions in Chapter 23 of the City Code of
Ordinances, as amended, including but not limited to the
following:
a. Bayside will transfer or sell the TDRs issued for the Property
to an eligible receiving T6 zoned property;
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b. Bayside will provide an "existing conditions report" evaluating
the condition of the Property; and
c. Bayside will provide a "maintenance plan" for the repair and
maintenance of those items that have been identified as
deficient, deteriorated, or non-existent in the existing
conditions report.
2. Bayside expressly agrees to file and record a restrictive covenant
for the Property in a form acceptable to the City Planning Director
or authorized designee and the City Attorney as to legal form and
pursuant to the provisions of Section 23-6(11) of the City Code of
Ordinances, as amended, within thirty (30) days of execution of the
first Purchase and Sales Agreement for the sale or transfer of the
Property's TDRs to an eligible receiving site.
4. In consideration of the terms of this Agreement, Morningside agrees as follows:
A. Release by Morningside. Morningside hereby releases, acquits, satisfies and
discharges Bayside and the City, its officials and employees, from any and all
claims, demands, liabilities, debts, judgments, damages, expenses, actions, causes
of action or suit related to the issuance of the Class II and various related appeals,
or any alleged violations of the City's Laws and Ordinances that Morningside
may have, may have had, or may hereafter bring against Bayside and/or the City,
its officials and employees.
B. Transfer of Development Rights. In exchange for Bayside's withdrawal of the
Class II Special Permit and forfeiture of rights to a building permit and
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development of the Property pursuant to the Class II, Morningside will not oppose
approval of this Agreement, Bayside's TDR application, COE, COT, or any other
approvals required to complete the TDR applications for the Property as set forth
herein, including any approvals that may be required from the City's HEPB and
issuance of building permits for the renovation of the Property.
5. Jurisdiction/Venue. Each Party agrees that the Circuit Court of the Eleventh
Circuit of Miami -Dade County, Florida shall have exclusive jurisdiction to enforce and/or
interpret any of the terms and conditions of this Agreement, and may submit any disputes arising
under this Agreement by filing an action at law with that court for determination in accordance
with Florida law. In order to expedite the action at law under this section the Parties knowingly
and voluntarily waive their rights to demand a jury trial in any action brought under this section.
Each party shall bear its own attorneys' fees, providing, however, this does not apply if the City
must institute -an action to compel Bayside to indemnify the City pursuant to Section 3(B)-of this
Agreement in which instance Bayside shall pay the City's attorneys' fees.
6. Entire Agreement/Amendment. This Agreement, including its recitals,
conditions, and releases contains all of the terms and conditions agreed upon by the Parties,
relating to its subject matter, and supersedes any and all prior and contemporaneous agreements,
negotiations, correspondence, understandings, and communications of the Parties, whether oral
or written, respecting the subject matter of this Agreement. This Agreement may be amended or
modified only in writing signed by all Parties hereto. This Agreement shall not be modified by
any oral statement, communication, agreement, course of conduct, or by anything other than a
writing signed by all the Parties.
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7. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the respective successors, heirs, grantees, and/or assigns of the Parties.
8. Authorization. Each person executing this Agreement on each Party's behalf has
been duly authorized to sign on behalf of the respective Party and to bind each Party to the terms
of the Agreement.
9. Non -Admission of Liability. The Parties agree that neither this Agreement nor
anything contained herein shall constitute or is to be construed as. an admission by the Parties of
a violation of any federal, state, or local statute, any state or municipal code, or as evidence of
any other liability, wrongdoing, or unlawful conduct. The Parties acknowledge that they have
entered into this Agreement to avoid the costs and expenses of continued litigation and to settle
disputed claims.
10. Notice. All communications concerning this Agreement shall be in writing by
certified mail, return receipt requested (or by telex, telegram, or telecopy if properly confirmed
in writing by certified mail, return receipt requested) and shall be addressed to the Parties and
their representatives as shown below:
If to Bayside:
Lucia Dougherty, Esq.
Carlos R. Lago, Esq.
Greenberg Traurig, P.A.
333 Avenue of the Americas
Suite 4400
Miami, Florida 33131
Telephone: (305) 579-0603
Facsimile: (305) 961-5603
doughertyl@gtlaw.com
lagoc@gtlaw.com
-and -
Avra Jain
888 Biscayne Boulevard
Suite 100
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If to Morningside:
Elvis Cruz
631 NE 57 Street
Miami, Florida 33137
Telephone: 305-754-1420
ElvisCruz@mac.com
If to the City:
Johnny Martinez
City Manager
City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33130
Telephone: 305-416-1025
Facsimile: 305-416-1019
j oluznymartine@miamigov.com
- and - -and -
Luis Fernandez, Esq.
2250 SW 3 Avenue
Suite 303
Victoria Mendez, Esq.
City Attorney
444 S.W. 2" Avenue
Miami, Florida 33132
Telephone:
Facsimile:
Miami, Florida 33129
Telephone: 305-854-5955
Facsimile: 305-854-5324
lfernandezlaw@aol.com
Miami, Florida 33130
Telephone: 305-416-1800
Facsimile: 305-416-5071
vmendez@miamigov.com
11. Execution. This Agreement may be executed by the Parties in counterpart
originals with the same force and affect as if fully and simultaneously executed as a single
original document. Fully executed duplicate originals of this Agreement shall be distributed to
the Parties.
12. Effective Date. The "Effective Date" of this Agreement shall be the date this
Agreement has been executed by all Parties.
13. Severability. If any section, part of section, paragraph, clause, phrase, or word of
this Agreement is declared invalid, the remaining provisions of this Agreement shall not be
affected.
-14. -No Third Party Beneficiaries. Bayside, Morningside, -Chetbro, and the City
agree that it is not intended that any provision of this Agreement establishes a third party
beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement.
15. City Commission Approval. This Agreement requires the approval of the
Miami City Commission.
16. Entire Agreement. This Agreement along with the attached Exhibits A, B, C
and D which are made a part hereof, constitute the sole and only agreement of the Parties relating
to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to
the other as of its date. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this Agreement are of no force or effect.
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ATTEST:
IN WITNESS WHEREOF, the Parties have executed this Agreement.
(SEAL: Todd Hannon, City Clerk)
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
CITY OF MIAMI, a Florida Municipal
Corporation ("CITY")
By:
Johnny Martinez, PE
Its:
City Manager
Dated:
The foregoing instrument was acknowledged before me this day of
2013 by and , as the and
respectively, of CITY OF MIAMI, a Florida Municipal Corporation
who appeared before me and is personally known to me, or has produced
as identification, and did take an oath.
My commission Expires: NOTARY:
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
Victoria Mendez
City Attorney
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Print Name:
Notary Public, State of Florida at Large
(Notarial Seal)
BAYSIDE 5101, LLC, a Florida Limited ATTEST:
Liability Company ("Bayside ") (SEAL:
By:
Its:
Dated:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2013 by and , as the and
, respectively, of BAYSIDE 5101, LLC, a Florida Limited Liability
Company, who appeared before me and is personally known to me, or has produced
as identification, and did take an oath.
My commission Expires: NOTARY:
Print Name:
Notary Public, State of Florida at Large
(Notarial Seal)
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MORNINGSIDE CIVIC ASSOCIATION ATTEST:
INC., a Florida Non Profit Corporation (SEAL:
By:
Its:
Dated:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of 2013 by
, as the of MORNINGSIDE CIVIC
ASSOCIATION INC., a Florida Non Profit Corporation who appeared before me and is
personally known to me, or has produced as identification, and did
take an oath.
My commission Expires: NOTARY:
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Print Name:
Notary Public, State of Florida at Large
(Notarial Seal)
EXHIBIT "A"
PREPARED BY: THOMAS G. LEE, ESQ.
BURTON & LEE
12555 Orange Drive, 4025
Davie, Florida 33330
Folio No. 01-3219-017-0090 and 1-3219-018-0070
1111111111111111111111111111111111111 1l11 1111
CFN 2013R090434,
OR Bk 28912 Fss 0249 - 250; (lass}
RECORDED 11/14/2013 16:00:16
DEED DOC TAX 12,600.00
SURTAX 97450.00
HARVEY RUVINP CLERK OF COURT
MIAMII-DADE COUNTY, FLORIDA
WARRANTY DEED
THIS INDENTURE,, made this 14 day of November, 2013 between CHETBRO, INC.,
a Florida corporation, grantor, and BAYSIDE 5101, LLC, a Florida Limited Liability
Company whose post office address is 888 Biscayne Boulevard, Suite 100, Miami, Florida33132,
grantee,
WITNESSETH, That said grantor, for and in consideration of the sum of Ten 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 land, situate, lying and being in Miami -Dade
County, Florida, to -wit:
Parcel 1:
Lot 1, Block 5, of BAYSHORE PLAZA UNIT NO 3, according to the Plat
thereof as recorded in Plat Book 41, Page 73, of the Public Records of Miami -
Dade County, Florida.
Parcel 2:
Lot 17, Block 5, of BAYSHORE PLAZA UNIT NO 4, according to the Plat
thereof as recorded in Plat Book 42, Page 2, of the Public Records of Miami -
Dade County, Florida.
SUBJECT TO:
Conditions, restrictions, reservations, limitations and easements ofrecord, if any, but any such interests that may
have been terminated are not hereby reimposed; and subject to applicable zoning ordinances and taxes and
assessments for the year 2013, and subsequent years.
And said grantor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
1 of 2
Book28912/Page249 CFN#20130904343 Page 1 of 2
OP Bk. 28912 PG 0250
LAST PAGE~
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:
CHETBINC. Florid corporation
•';���% 627-1, BY:
TERES A G ' MO • ` JON
h
OMAS G. LEE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
A DEVCHAND, President
5600 Collins Avenue, Apt. 11 U
Miami Beach, Florida 33140
BEFORE ME, the undersigned authority, personally appeared ASWIN DEVCHAND, as
President of CHETBRO, INC., a Florida corporation, who executed and acknowledged before
me that the foregoing instrument was executed freely and voluntarily for the purposes therein
expressed, and who is personally known to me or who produced a drivers license as identification,
WITNESS my hand and official seal this /4 day of November, 2013.
4o4:; 'i. THOMAS Q. LEE
w i_y * MY COMMISSION; EE 109149
!I EXPIRES: July 19, 2015
J+• reomc\°~ Bonded Tin Bud Notary Services
071
OTARY PUBLIC
My Commission Expires:
2 of 2
Book28912/Page250 CFN#20130904343 Page 2 of 2
V1 BZ69'4T56
•
Prepared by and return to:
M. Keith Marshall, Esq .
Southeastern Title Company
18305 Biscayne Boulevard- Suite 300
Aventura, Florida 33160
Folio Nos.: 01-3219-018^-0070
01-3219-017-0090
1 of 2 Pager
98R450335 1998 SEP. 11 09145
DOCSTPDEE 4p260.00 SURTX 30.95.00
HARVEY Rt VIN, CLERK DADE COUNTY, FL
WARRANTY DEED (f)tstutorr7orm-SacjIoa d09,O2 FS)
T iNDEN'ruRF., nsrrde this 'f day of September, 1998, by
B.R.F., INC., a Florida Corporation (hereinafter referred to as
GRANTOR), located at 5101 Biscayne Boulevard, Miami, Florida 33137,
to CHETBRO, INC., a Florida Corporation, (hereinafter referred to
as GRANTEE), located at 5101 Biscayne Boulevard, Miami,, Florida
33137,
WITNESSETH, that the GRANTOR, for and in consideration of the
sum of $10.00, in hand paid by the GRANTEE, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said
GRANTEE, and GRANTEE'S successors and assigns forever, the
following described land, 'situate, lying and being in Dade County,
Florida where property is located, to wit:
Lot 1, Block 5, of BAYSHORE PLAZA UNIT NO. 3,
according to the Plat thereof, as recorded in Plat Book
41, at Page 73, of the Public Records of Dade County,
Florida, and
Lot 17, Block 5, of BAYSBORE PLAZA UNIT NO. 4,
according to the Plat thereof, as recorded in Plat Book
42, at Page 2, of the Public Records of Dade County,
Florida.
?his conveyance in subject to the followings
1. Real estate taxes for the year 1998 and subsequent years;
1
418269145T
2 of 2 raise
2. Applicable zoning regulations and ordinances.
3. All of, the covenants, agreements, conditions, restrictions
and easements of record, if any, which say now affect the
aforedescribed property, but nothing herein shall be
construed as reimposing the same,
and said GRANTOR does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
whomsoever.
• - IN WITNESS WHEREOF, we have hereunto set our hands and seal
this day of September, 1998.
Attest:
1,•jitSi.$ I;. jlr . Y
a $print) (*A t--e e-i e+) Secretary
t.,.. ��..l t ewes:
,� ` ' at gin) A
L 6c
(sign
A
BY:
E. R.$.. INC.
HARISEi J. GIHWALA; Pre cent,'
(Print) *'7'/ WgR-.f kyt G L
STATE OF FLORIDA )
)ss
COUNTY OF DADE )
I HEREBY CERTIFY that on this day before me an officer duly
qualified to take acknowledgments, personally appeared HARISH J.
GIHWALA and , President and Secretary,
respectively, of E.R.F., INC., to me well known to be the persons
described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same as their deed
for the purposes expressed herein.
WITNESS my hand and official seal in t ' •unt and State last
aforesaid thisyfuday of September, 1998.
My Commission Expires:
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EXHIBIT
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5101 Biscayne
5101, Miami, Florida
CLASS II FINAL SUBMITTAL
JUNE 30, 2004
PARCEL
DRAWING ENDER
DATA SHEET
A1O1 FIRST FLOOR PLAN
Al02 SECOND FLOOR PLAN
Al03 THIRD FLOOR PLAN
Al04 FOURTH FLOOR PLAN
Al05 FIFTH TO EIGHTH FLOOR PLAN
A2O0 WEST ELEVATION
A2O1 NORTH ELEVATION
A2O2 EAST ELEVATION
A2O3 SOUTH ELEVATION
A3O0 WEST —EAST SECTION
RENDERING
NE SETM SCREE
i'i
E 510T SRNE
111
UBAAN USd ORSE 6NN1
UMWWatonmtw�c
SIR Pel.
fa Veal .41147111 NW Matlillatres•
NT 53R0 STREET
5200 TERRACE
55 STREET
50
rAD
LOCATION MAP N.T.S.
SITE
/A�
100 N.BISCAYNE BLVD. 271h FLOOR
AVANT. FLORJDA33122
P 305.3725222 F 205.577.452,
ten 'pa. 5 of-ENYSTIORE RAM Mir NO. macIngfe,,ere in inn 15
OkReaee2IMT.mOt Co -my. e1one
Vgenelno
:NMN: Lott, Med 5m-RAYTWRSPURAulrr
NO A n®e( BIDI.pE5tvreolnR 2mnIed n RM BoMe2
Pepe 2 ortb Pepk Ra eeitl m Mbml- Dn1e Co-mry, NINNIN
REVISION h 09/08/04 SORE RESURMITTAL
5101 BISCAYNE BLVD ZONING
ANALYSIS for O
GROSS LOT AREA
FAR GSF - RESIDENTIAL
USE (1.72)
50,741
87,275
(NET LOT AREA=
(30206 SF)
5101 BISCAYNE BLVD PROGRAM
DISTRIBUTION iSF)
RESIDENTIAL
FLOOR AREA RATIO
60,314
5101 BISCAYNE BLVD PARKING ANALYSIS
REQUIRED
PROPOSED
RESIDENTIAL
ACCESSIBLE
SPACES_
143)1 BED UNrf X1=43
(20)2 BED UNIT X2=40
1 PER 10 UNITS (GUEST)= 6
TOTAL 89 SPACES
(2 SPACES(
127 SPACES
(2 SPACESi
TOM.
SS
' On lhedxelneg wits.
the breakdown merle
the cra. at semen
401 and car.. with
parking req .-ernents
5101 BISCAYNE BLVD ZONING ANALYSIS
REQUIREDIALLOWED
PROPOSED
NUMBER OF
FLOORS
NIA
8
HEIGHT
Unlimited Height
Set building line back 1 Foot
for every Foot beyond 120`-0"
87'-4"
GREEN SPACE
BUILDING
FOOTPRINT
MIN_15% GLA= (7,611 SF)
MPX40% GLA= (20,296 SF)
10,509
19,697
RESIDENTIAL UNITS
150 /NET ACRE =104
63
FRONT SETBACK
52nd Street
FRONT SIDE -
SETBACK
BISCAYNE
FRONTSlDE
SETBACK/51st
Street
SIDE SETBACK
PARKING SPACES
OFFSTREEf
LOADING
20'
15' (ABOVE 45' HIGH. 49'
SETBACK)
.
15'
10'
REQUIRED 89
2
varies 20' - 22'8"
15
varies 15'-27'-4"
10'
PROVIDED 89
2
Hsiatextelet ;smear....
DATA SHEET
CI ASS IIF&(AI.2JEStTAL
N01f0NCONSITIUCOON
ma"
YAP
4,24
CONTEXT
PHOTOS
eorrortCa n ON
1
Site From Biscayne Blvd.
BISCAYNE BOULEVARD
TO BE DEMOLISHED
NE 52ND STREET
NE 51ST STREET
L
NE 50TH TERRACE
NE 52ND TERRACE
n
MIF
SCALE 1'=100'-0'
Zyscevich
gav�c wr as ANIMA DM.
SITE PLAN
CtAS51119NALSUAMN1A.
K TFDNCONSTRUCDON
movancreitiviana
Mort
wiat
032113.51 11f23A4
BISCAYNE BOULEVARD
SCALE 1=SIT
• Zyecnvio;t
ROma % nW.° s IRCODE rn
Adloivin
NM, att9
FLOOR 1
ansSnFINALSuB,mru
WITORCOURUMUM
amen 11123104
BISCAYNE BOULEVARD
PROPERTY LINE
Mechanical ! t
A Pool Equipment,
11, pKTS10E
8'-6" �7 a a'-c SEIBFCK
SPACES
73'-0"
BISCAYNE BOULEVARD
SCALE 1'-30'
2yscesnsch
FLOOR 3
CASso MALSU MIT&
F T oaeEirslEI1EEIpN
r -Q
U
•
V
a—v
l!
1
2 Bedroom
1 Bedroom
1 Bedroom
1 Bedroom
1 Bedroom
1 Bedroom
1014 S.F.
738 S.F
738 S.F.
738 S.F.
738 S.F.
748 S.F.
0
PROPERLY !INE
1
1 Bedroom
789 S.F.
■
iin
n
1 Bedroom
591 S.F.
X
1 Bedroom
736 S.F.
■
n
; yl
in
2 Bedroom
1,196 S.F.
. II
2 Bedroom
n , 1,114 S.F.
1 Bedroom
738 S.F.
1 Bedroom
738 S.F.
1 Bedroom
A 738 S.F.
1 Bedroom
738 S.F.
1 Bodroem
748 S.F.
9
9
173'-0"
BISCAYNE BOULEVARD
` L151878
R=z5Aa
SCAtE 1'=30'
VY_ST ELEVATION
u .'I !.1 .■11
NORTH ELEvATION
SCALE MO'
Zyscovich
ma.+unne 11.00,40 .:memn013.
WEST &
NORTH ELEV.
C1ASS II FINALSUBMITXAL
Riff fORCONSTRUCTION
7.1ne WSW tan OdloilDl
lane
EAST ELEVATION
SOUTH ELEVATION
SCALF:1`40'
ZYseoviet
EAST &
SOUTH ELEV.
CUISSIIFINALSIMITTAL
NOtEQRCINiS11 nUN
,
5101 Biscayne Blvd
ZYSCOviCE-0 Scale: 1/16"=1'-0"
5101 WestElevabon
October 4, 2004
5101 North Elevation
5101 Biscayne Blvd
ZYSCOVICH Scale:1'=20'-0"
5101 East Elevation
5101 South Elevation
October 4, 2004
BASE SIAIDING [Pe
BISCAYNE BLVD
15'
SETBACK
m
m
ealeM
WEST —EAST SECTION
o8OOF
ROOF LEVEL
atn LEVEL
,des LE
7th LEVEL
6th LEVEL
45-4
¢5th LEVEL
4th LEVEL
3rd LEVEL
• ,16..
2nd _pLEVEL
SCALE: 1 =0'
mS0[S•CeN
W-E SECTION
IXASSIIIi4ALSUBWITAL
IEFFORcor+s1RUL71011
hese
lweet
trAmt
11.6
isms
0+21E61 112/04
View of 5101 Biscayne Blvd Looking North
View of 5225 Biscayne Blvd Looking North
5101 & 5225 Biscayne Blvd
zYsCOvIGK
October 4, 2004
View of Biscayne Blvd Looking North
$45'—OEV"
5th LEL — RESIDENTIAL &
POOL DECK
.b35'-4"
4th LEVEL — PARKING
25'-8"
$3rd LEVEL — PARKING
0. 6'—
2ndO" LEVEL — PARKING
0,
WEST ELEVATION WEST -EAST SECTION
SCALE 1/8'=1'0'
Zyscovic&
smertnee, ewe** lerrdle. MAX
Wan arm
ELEV. DETAIL
SCREWPDESIGN
NOiFORWNSTRUCTION
.64
IStre
Wept
1.64
Feat
0334652 D2249t
DETAIL VIEW OF BLDG 5101 FROM BISCAYNE BLVD DETAIL VIEW OF BLDG 5225 FROM BISCAYNE BLVD
EXHIBIT v
INDEX
COVER
A101 FIRST FLOOR PLAN
A182 SECOND FLOOR PLAN
A103 THIRD FLOOR PLAN
A104 FOURTH FLOOR PLAN
A105 TYPICAL (5-8) FLOOR PLAN
BAYSIDE MOTEL
5101,,5125 BISCAYNE BOULEVARD, MMMI FL 33137
5101 Biscayne Blvd
.a.x.'9$ 11 .11.3AL SUM:1ITTAL
f
.wn.e m. xSoa
APPROVED PROJECT FLOOR AREAS
12.O2.2O 13
AS. PER CLASS II -FINAL SUBMITTAL PREPARED BY
ZYSCOVICH, INC.. ON JUNE 30, 2004
PROJECT# 1311
FOLJO x 01-3219.OTO-0070
POL#A # .01. s219.07.7-0030
OWNER INFORMATION:
BAYSIDE 5101, LLC
84RAMI 21 FLOOR AREA CALCULATIONS PREPARED BY
DBLEWIS-ARCHITECT
5910 td, BAYSHORE OR MIAMI, FL 33137
T 305.455,7252 I4 786.35.9.5632
dOlewisardiggrnalcom wwidbta2.us
'FLOOR AREA SUMMARY
(AS PER MIAM121 CODE, ART. 1..17: FLOOR AREA)
FIRST FLOOR:
SECOND FLOOR_
THIRD FLOOR:
FOURTH FLOOR:
FIFTH FLOOR:
SIXTH FLOOR:
SEVENTH FLOOR:
EIGHTH FLOOR:
19,053 S.F.
18,878 S.F.
18,733 S.F.
11.655 S.F.
12,609 S.F.
12,509. S.F.
12,609 S.F.
12,009 S.F.
TOTAL-
118,755 S.F.
SLEWIS ARCHITECTURE It DESIGN 1511/BAYSISE MOTEL
43,
'• •
PROPERTY LINZ
1-
BISCAYNE BOJLEVARD •
FLOOR AREA (AS PERMIAMI 21, SHOWN SHADED)
FIRST FLOOR: 19,053 S.F.
SGALE:f4ff
..141:13=4 VIS•31 FOAM Ci.191
Seret.P
V.I. A Ifwe
1.2.4aMea nroamaradm
tee
FLOOR 1
cutnitwaoara
ICTFaittaT=11C4
•
t Jivo+
A 101
a -17
--c"
-
.1
0
1WNE74. ..---
----
M17137?
BISCAYNE BOULEVARD
\ t ,
i
1
k \ -=';--"i \ .--..--
1\ .____„%, \
1 1 \ 7: \ k '
. , • , ‘-.1,,
, : • c•,,
\'5 ,,•;'' . ,
.1 •
t\\ -, -,
\ l'i..\....`a'•‘
\
i
‘ 1, \ Cj,:`, \ \
‘
11 ‘
,
PAfERIY LIVE 1 ‘
,. \ 17*\
7, \ I \ 'v \
I\ \ ;\
1 i 1
‘ 11 1 1t
it, /1,11 k
::..... -
__.--
FLOOR' AREA (AS PER MIAMI .21, SHOWN SHADED)
SECOND FLOOR: 15,878 S.F.
k 30
• '` ,r25'
Va'53A
SCA11:1'40'
r.44
Zykoovinh
1.10.1=1,21 711.12•111.)
FLOOR 2
-1=11p#A17M17/4_
MORCOgiVaioN
...1wsoci—axtR.
%NA
.44
9321111 111011
•
I.
, \ \
k I
, . \
t k Ili) - ,-
"Ff.FM E.tNE
\ 1 d
__------
---
. -----1
—-- -'---- \ \ it....--1....-2.1___?,..-4.7,'"'"-:,,•-!......it \
d d s.,...-s- A- if" •
---i-- .I.,.-----r:ii ,, t • ,
v.....; -.7.- ‘
; -,-- -:---1 \
\ i
• i 1 \
\
y
' i eld ''''
4 x:44714
•
173'-0"
BISCAYNE BOULEVARD
t
FLOOR AREA (AS PER MIAMI 21, SHOWN SHADED)
THIRD FLOOR: 18,733 S.F.
s `IIft
IZyacovicit
I 001qm:ft num° imams=
lassposseftfts ft.=
fts.....ft
A • ----'-' 3,3 I
k
\
\ I FLOOR 3
, cost armswiTtt
rigft ftottioftftimi.
'•••••
'133201. I ism
SGAIEV=30 ,
Ai. 1_03
.....-:/.-
_,------ ‘
, , --
',10 —'''• _.----- 1
----
•<•
40'
e
PRMR'T L.NE
rr.
111
E3ISCAYN1 BOULEVARD
t
FLOOR AREA (AS PER MIAMI 21, SHOWN SPADED).
FOURT1-1 FLOOR: 11,655 S.F.
.//
suwon tatrooteanai
11.I
FLOOR 4
GLODMASUNITT/d.
NOTfaitft74101
Z41174.7-1C.Tgvarsx
'1 \
-
‘. \ 1.1..%."---.-'--1 1
: l `i 1
1 • .e.1?"'"1
.,...,_
.1......2.'-''''''' • 0 k t
' 1 615
1: \ 1
% Z , a t
1 rl% I\ -2:
k. . \ i b.”-. t
V ., is \
\ t'llTi 1k ‘Vi
\ tti '
\ A ‘ \ \
,, k %
k cn. \ ‘,. 1---1
k
1, -, i
k 1 \
\ \ ..
I \ '
1 • ' .._
I
te
. ,
\ ‘ \ fi,\
%
Vt.
1‘.1-..t,
1 t ": \ .,...-;, • :, , ...
\ \ \
,‘ ,:,
i % % vo—0k .
1
1 ,
A I \
' , Ft.fny L\
sV.Ne4i 1
‘ IA,
\
1- ..-• X N.Z..r.2.2,
1 ' 1
- I- -- - - ---. - - .—.,.
I,.....":'
, ,................-, -_--
173?-0"
BISCAYNE BOULEVARD
FLOOR ARE“AS PER MIAMI 21. SHOWN S}4ADED)
TfP. FLOORS 5-8: 12.609 S.F. EACH
FLOORS 5,6,7&8 TOTAL: 50,436 S.F.
ZvsonvIch
42.0.2 /1.0.21 .6.117.91
FLOORS
RES la 5-8
cussvmsogrx.
Itgf0IICOSMigi
1.•tk tO,...10kdoot.
EXHIJ3IT tSlS�l)>J
��J
E-YrsP'40 PORt:1•1
ks 7:1
k74r.117—
F
EY,..ntZ
•;RS! WON
MIA-Mi 2 1 SI-10?!.. S'AbED)'
4
f
LT+ n
iwIith•
tzxisTING 1
r
, i
\
1
y-
i ."-' \
\ f,
fiFigticaST FLOOR AREA
-
CSING,EECOND FLOOR AREA
El•
E", ...
r-11
ThL A.R17A-
r-: 3, iAD--
'6,7!..4
EELOw
lI
bsLE c,irrEct
M.M31411,11,-
BA'YSILIE MOTEL
• ....1.1.5.111