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HomeMy WebLinkAboutPZAB 03-05-14 Supporting DocsPZAB. 12 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 14-00055lu Quasi -Judicial Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3750, 3734 & 3736 BIRD ROAD, 3031 SOUTHWEST 37TH COURT, AND 3090 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 3750, 3734 & 3736 Bird Road, 3031 SW 37th Court and 3090 SW 37th Avenue [Commissioner Marc David Sarnoff - District 2] Applicant(s): Ines Marrero-Priegues, Esquire, Authorized Legal Representative, on behalf of TREO Douglas Station, LLC, a Florida Limited Liability Company 701 Brickell Avenue, Suite 3000 Miami, FL 33131 (305) 374-8500 Purpose: This will change the above properties from "Light Industrial" to "Restricted Commercial". Planning and Zoning Department Recommendation: Recommended approval. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: March 5, 2014 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 3734, 3736, 3750 Bird Road, 3031 SW 37th Court, 3090 SW 37th Avenue File ID 14-00055lu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The primary intent of the "Light Industrial" land use classification is to allow mixed use development within this land use classification, and further, to facilitate the ability of developing a mixed occupancy within a unit in which more than one type of use is provided under Live/Work or Work/Live zoning districts of the City's land development regulations. Areas designated as "Light Industrial" allow all activities included in the "Restricted Commercial" and "General Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to general commercial areas. These commercial activities (beyond those permitted in the "Restricted Commercial" and "General Commercial" designations) include retailing of second hand items, new and used vehicle sales, parking lots and garages, wholesaling, warehousing, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. This category also allows commercial marinas and living quarters on vessels for transients. This land use category shall not permit storing, packaging, handling, processing or distribution of explosive, flammable or otherwise hazardous materials; scrap yards; and health clinics. The hazard level of an activity shall be one of the determining factors as to whether that activity shall be permissible within a Light Industrial district; the detailed provisions of the applicable land development regulations shall prohibit high-level hazard activities within live/work developments. Areas designated as "Light Industrial" allow residential uses to a maximum density of 36 dwelling units per acre, and the nonresidential portions of developments within areas designated as "Light Industrial" allow a maximum floor lot ratio (FLR) of 10.0 times the net lot area of the subject property Affordable housing developments that are certified by the City as having a complete application for development as of the effective date of the proposed Land Development Regulations shall be permitted with densities up to 150 dwelling units per acre but must obtain all building permits by December 17, 2012, at which time any rights herein to building permits shall expire. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. The "Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allows a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Nonresidential floor area is the floor area that supports nonresidential uses within the inside perimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corridors, porches, balconies and roof areas. DISCUSSION The subject area consists of five parcels comprising approximately 1.12 acres. These parcels are located on the west and south sides of the block that is bounded by Bird Road/SW 401h Street to the north, SW 37th Avenue to the east, Peacock Avenue to the south, and SW 37th Court to the west. The site and the surrounding areas to the north, east, and southeast are designated "Light Industrial"; properties to the west and south are designated "Restricted Commercial"; properties to the northwest are designated "General Commercial". The subject site is in the COCONUT GROVE NET Service Center Area. ANALYSIS The Planning Department is recommending APPROVAL of the amendment as presented based on the following findings: The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Major Institutional, Public Facilities, Transportation and Utilities" land use category allows residential structures up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. This site is not abutting or adjacent to any residential zoning districts, so the density is pursuant to the "High Density Multifamily Residential" category. This site is located within the "River Quadrant Residential Density Increase Area", therefore the maximum permitted density on the site is 500 units per acre. The requested "Restricted Commercial" designation also allows a density equivalent to "High Density Multifamily Residential". Therefore the maximum residential density does not change as a result of this request. MCNP Goal LU -1 states that the City will maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. The proposed change will allow for greater development potential within the downtown area encourage downtown's growth as a regional center of domestic and international commerce, culture and entertainment. The area is well buffered from other neighborhoods by major roadways, so land use conflicts will be minimal. The land is well served by infrastructure and is suitable for the uses permitted within the "Restricted Commercial" category under a residential density increase area. MCNP Land Use Policy LU -1.1.7 states that land development regulations and policies will allow for the development and redevelopment of well-designed mixed- use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. The proposed "Restricted Commercial" designation permits a full range of the above-mentioned uses. The site area is located in close proximity to various modes of transportation. MCNP Land Use Policy LU -1.1.10 states that the City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations.(See Transportation Policy TR -1.5.2 and Housing Policy HO -1.1.9.) The site is located within a approximately a quarter mile of a Metromover station and a half mile of a Metrorail station. The proposed designation will encourage increased density and redevelopment near these stations. MCNP Land Use Policy LU -1.1.11 states that the City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person Trip Methodology as set forth in Policies TR -1.1.2 and 1.1.3 of the Transportation Element of the MCNP. The subject site is located in downtown area, which is a major center of activity. Therefore concentration and intensification of development will be encouraged by the amendment. The site is located in close proximity to public transportation and can support very high densities. MCNP Land Use Objective LU -1.3 states that the City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well-designed, mixed-use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). MCNP Land Use Policy LU -1.3.5 states that the City will continue to promote through its land development regulations, the creation of high intensity activity centers which may be characterized by mixed-use and specialty center development. Such activity centers will be in accordance with the Comprehensive Neighborhood Plan and neighborhood design and development standards adopted as a result of amendments to the City's land development regulations and other initiatives MCNP Land Use Policy LU -1.3.15 states that the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. MCNP Policy LU -1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on-site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. The site is adjacent to a major bus transfer area that is served by over 10 Metrobus routes. It is also located approximately 340 feet from a Metrorail and Metromover station. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. The Miami 21 zoning designation currently approved on this parcel is D1 — "District 1 ". The proposed designation will be T6-12-0 — "Urban Core -Open" transect zone. These findings support the position that the Future Land Use Map at this location and for this neighborhood SHOULD be changed to the proposed designation. FUTURE LAND USE MAP (EXISTING) r - SW 29TH ST Duplex - I G-� Residential 3 ° ° x General Light v Commercial Industrial co BIRD RD LU a � a = M M N M N N PEACOCK AVE Restricted Commercial �o SHIPPING AVE To :::::'::::: cn z �p Nillage: West'lsland:&: ORANGE.ST .Charles;Avenue Neighborhood :conservation" District::::p. 0 150 300 600 Feet ADDRESS: 3734, 3736, 3750 BIRD RD, 3031 SW 37 CT, i i i 3090 SW 37 AV FUTURE LAND USE MAP (PROPOSED) SW 29TH ST Duplex - I G-� Residential 3 E ° ° x General Light v Commercial Industrial co BIRD RD W Restricted > a Commercial " a = M M Restricted N M Cn Commercial N PEACOCK AVE Restricted Commercial �o SHIPPING AVE J��p� cn C3 �p Nillage: West Island:& : ORANGE ST CharlesAveriue :. :_:Neighborhood :Conservation District:::: 0 150 300 600 Feet ADDRESS: 3734, 3736, 3750 BIRD RD, 3031 SW 37 CT, i i i 3090 SW 37 AV 0 150 300 600 Feet ADDRESS: 3734, 3736, 3750 BIRD RD, 3031 SW 37 CT, iI I i I I 1 1 3090 SW 37 AV Holland & Knight 701 Brickell Avenue, Suite 3000 1 Miami, FL 33131 1 T 305.374.8500 1 F 305.789.7799 Holland & Knight LLP I www.hklaw.com January 21, 2014 Mr. Francisco Garcia Director Planning and Zoning Department City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Ines Marrero-Priegues 305.789.7776 ines.marrero@hklaw.com Re: TREO Douglas Station, LLC/ Application for Land Use Change and Zoning Change for a ±1.16 acre parcel located at the S/W intersection of S.W. 37 Avenue and Bird Road Dear Mr. Garcia, The undersigned is the legal representative of TREO Douglas Station, LLC, the Owner of a 1.39 acre parcel located at the southwestern intersection of S.W. 37th Avenue and Bird Road. The Property is comprised of 5 parcels identified as 3090 SW 37 Avenue, 3031 SW 37 Court, 3750 Bird Road, 3734 Bird Road and 3736 Bird Road. The subject property is currently developed with a one story, ±23,000 warehouse building and vacant lots that have been recently used as a parking lot. The site is located on the fringes of what once was the Coral Gables/City of Miami industrial area. This area has recently been transformed into a mixed use residential and commercial area, in close proximity to Metrorail mass transit, US 1, and the University of Miami. This application requests a zoning and land use change from Light Industrial to General Commercial and a zoning change from DI (Workplace) to T6-12 O (Urban Core Zone). Section 7.1.2.8. of Miami 21 establishes the permitted successional zoning for parcels of less than 9 acres. For Transect Zone Dl, the Miami 21 Code provides that the succesional zone is T6-8* with (*) note that "[t]he Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity." The areas immediately to the south and to the West of the application property are zoned T6-12 O. Expanding the T6-12 O Transect to the subject property is a logical extension of the established zoning pattern within the City of Miami as well as the developments to the west along Bird Road, within the City of Coral Gables. Atlanta I Bethesda I Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach Mr. Francisco Garcia January 21, 2014 Page 2 In addition, the Property is located within the 1/4 mile pedestrian shed of the Douglas Road Metrorail Station. The requested land use and zoning amendments to a land use category and transect that permit higher residential density and intensity in close proximity to the Douglas Road Metrorail Station (within less than 500 feet) is consistent with the planning and future land use policies of the City's Comprehensive Neighborhood Plan. Policy LU -1.1.10: The City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations. (See Transportation Policy TR -1.5.2 and Housing Policy HO -1.1.9) Policy TR -1.5.2: The City shall conduct appropriate land use and zoning analysis of the areas surrounding each existing and future premium transit station as such station sites are approved by Miami -Dade County or the City of Miami for development in order to determine whether appropriate land use and zoning changes should be implemented that foster the development and use of the stations while protecting adjacent neighborhoods from incompatible development (examining height, density and intensity, use and scale). Such land use and zoning changes shall include minimum and maximum density and intensity standards at the time of implementation. A. The City shall encourage development of a wide variety of residential and non-residential land -uses and activities in nodes around rapid transit stations to produce short trips, minimize transfers, attract transit ridership, and promote transit operational and financial efficiencies. Land uses that may be approved around transit stations shall include housing, shopping, and offices in moderate to high density and intensity, complemented by compatible entertainment, cultural uses and human services in varying mixes. The particular uses that are approved in a given station area should respect the character of the nearby neighborhood, strive to serve the needs of the neighborhood, and promote balance in the range of existing and planned land uses along the subject transit line.. B. It is the policy of the City of Miami to accommodate new development around rapid transit stations that is well designed, conducive to both pedestrian and transit use, and architecturally attractive. In recognition that many transit riders begin and end their trips as pedestrians, pedestrian accommodations shall include, as appropriate, continuous sidewalks to the transit station, small blocks and closely intersecting streets, buildings oriented to the street or other pedestrian paths, parking lots predominantly to the rear and sides of buildings, primary building entrances as close to the street or transit stop as to the parking lot, shade trees, awnings and other weather protection for pedestrians. G. The City of Miami seeks to increase the density of development within walking distance of rapid transit stations in a manner appropriate to the particular setting of each transit station and consistent with the policies of the MCNP that speck that existing abutting residential neighborhoods are to be protected and preserved. Mr. Francisco Garcia January 21, 2014 Page 3 Accordingly, land use change and rezoning of the Property to an appropriate transect with higher residential and development density is consistent with the adopted Transit Oriented Development designation for the Property in the Miami 21 Zoning Code, the General Commercial land use designation in the Future Land Use Plan of the Comprehensive Neighborhood Plan, the land use and transportation policies of the City's Comprehensive Neighborhood Plan and the transect planning principles of Miami 21. The Applicant propose to develop the site with a mixed use residential building of approximately 181 units, approximately 24,900 square feet of ground floor retail uses in a twelve (12) story building with 1 level of below grade parking. Plans are close to completion. We look forward to submitting them to the Planning Department for their review in the coming weeks and prior to consideration of the requests of this application by the Planning Zoning and Appeals Board. Based on the foregoing, we respectfully request the favorable review and recommendation by the Planning Director. Should you have any questions regarding the foregoing, please do not hesitate to contact me at (305) 789-7776 or email me at ines.marrero@hklaw.com. Respectfully submitted by, HOLLAND & KNIGHT LLP XIL In6s Marrero -Priegues COMPREHENSIVE PLANAPPLICATION PLANNtR Cep EPA HEARING BOAR N fT��EN PLANNING AND ZONING DEPARTMENT, Q�f��AWf 444 SW 2"d Avenue, 3�d Floor • Miami, Florida 33130 • Telephone 300M 6:36 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. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. 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'/2x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLANAPPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Ines Marrero-Priegues, Esq.,authorized legal representative for TREO Douglas Station, LLC, a Florida limited liability company 2. Subject property address(es) and folio number(s): ): 3750, 3734, 3736 Bird Road; 3031 SW 37 Court; and 3090 SW 37 Avenue/ 01-4117-003-1770; 1760;1750;1780; and 1820 3. Present designation(s) 4. Future designation(s): Light Industrial Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? YES If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? NO 7. Do you own any other property within 200 feet of the subject property? NO If yes, has the property been granted a Land Use Change within the last year? N/A 8. One (1) original, two (2) 11x17" copies and one (1) 8'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 9. 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 to match the legal description on the survey. 10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner—and contract purchasers, if applicable—of the subject property. 14. 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. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. 18. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2013 COMPREHENSIVE PLANAPPLICATION 19. What is the acreage of the project/property site? 1.16 acres (50,447 square feet) 20. What is the purpose of this application/nature of proposed use? Mixed Use Residential 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. NO 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. NO 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. NO 24. What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 30 mins. and/or ❑ City Commission 30 minutes 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre $ 5,000.00 (10,000) b. Advertising $ 1,500.00 ( 1,500) c. School Concurrency Processing $ 150.00 ( 150) d. Mail notice fee per notice $ 4.50 ( 630) e. Meeting package mailing fee per package $ 6.00 ( 72) *Fees over $25, 000. 00, shall be paid in the form of a certified check, cashier's check, or money order. Signature 6�ate► ;_At;h44, s Marr o-Priegues, E . Name Holland & Knight, LLP, Telephone 305 789-7776 Address 701 Brickell Avenue, Suite 3300 Miami, FL 3331 E-mail ines.marrero(a-hklaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 214;� day of I , by ,i klewrero- & Goats 'r -x* • who is a(n) individual/partner/agent/corporation of fa(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 SIUBY FLEITES MY COMMISSION # EE 675841 EXPIRES; April 16 2017 of Fy° • Bonded Thru Notary Public Underwriters Rev. 07-2013 COMPREHENSIVE PLANAPPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ines Marrero-Priegues., Holland & Knight LLP , who being by me first deposes and says: That she is 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, Q including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ines Marrero-Priegues, Esq. Holland & Knight, LLP Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applant(s) Se natur The foregoing was acknowledged before me this 2%4'7� day of 20 1 Y by t d lV/2rrv-o - /"i C&La i, s 2 . who is a(n) ifidividual/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) SIM FLEITES MY COMMISSION # EE 875841 *: •. EXPIRES: April 16, 2017 Bonded Thru Notary Publ c{3 sAe+xriters Rev. 07-2013 Signa ure COMPREHENSIVE PLANAPPLICATION 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) TREO Douglas Station LLC, a Florida limited liability company Percentage of Ownership 100% (Please refer to Disclosure of Interest addendum) Subject Property Address(es) 3750, 3734, 3736 Bird Road; 3031 SW 37 Court; and 3090 SW 37 Avenue 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): Ines Marrero-Priegues, Esq. Holland & Knight, LLP Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): N/A (:X oma.•/UA Owne s) or Att ey Si natur The foregoing was acknowledged before me this day of �GLiGGC.�C/ltl 20A, by ' s who is a(ividual/partner/agent/corpo ration of a(h) 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) ,otr Y ?fc; SIUBY FLEITES .: MY COMMISSION # EE 875841 '. ,•, EXPIRES: April 16 2017 %;sof ��; •` Bonded Thru Notary Public Underwriters Rev. 07-2013 LEGAL DESCRIPTION Lots 6, 7 and 8, Block 9, less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 9, 10 and 11, Block 9 less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 12, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND LESS the South 10 feet of Lots 23 and 24; LESS the West 10 feet of Lots 12, 16,17, 20, 21 and 24 and LESS the East 20 feet of Lots 18, 19, 22 and 23, all in Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4117-003-1820; 01-4117-003-1760; 014117-003-1770; 01- 4117-003-1780; 014117-003-1780; 01-4117-003-1750. #27235279 vl Disclosure of Interest TREO Douglas Station TREO Douglas Station, LLC, a Florida limited liability company Manazing Member Percentage Interest The TREO Group, LLC 20% Members Percentage Interest ARN Investments Group, LLC 5.2936% Carlos & Yvette Ortega 1.3234% Eduardo & Aradelys Garcia 1.3234% Emilio and Haymet Sauma 7.9404% Francisco Diaz 2.6468% Ivy Properties, Inc 1.3234% Jose & Jessica Villar 0.9264% Luis & Marta Lemes 5.2936% Luis A. Aldariz Salazar 6.6170% Orlando A. Gomez Enterprises 3.3085% Samkle Investments, LLC 44.0033% Total 100% Disclosure of Interest TREO Douglas Station ARN Investments Group, LLC Nancy Ramos Mata Alfonso Ramos Ivy Properties, Inc Otto J. Boudet-Murias Orlando A. Gomez Enterprises Ana Garcia Irrevocable Family Trust (42.00%) Eduardo J Garcia Jr (13.75%) Orlando F Garcia (13.75%) Alexa I Garcia ( 5.00%) Erica M Garcia ( 5.00%) Orlando A. Garcia ( 5.00%) Eduardo E Garcia ( 5.00%) Paola E Garcia ( 5.00%) Alexa I Garcia Trust ( 1.10%) Erica M Garcia Trust ( 1.10%) Orlando A. Garcia Trust ( 1.10%) Eduardo E Garcia Trust ( 1.100/') Paola E Garcia Trust 1.10% 100% Samkle Investments, LLC S. Klein Family Partnership, a Florida EK Family Trust (50.0%) BKJK Trust (25.0%) NK Family Trust (12.5%) RK Family Trust 12.5% 100% 50% 50% 100% 100% LEGEND ` w4 wn Ws R en. ww u.ar ow.r S W 40th SKETCH OF BOUNDARY SURVEY SW 29TH ST ...._. ALTA/ACSM LAND TITLE SURVEY - R LE 1 Ficai LUI I 1 Wu j of i Lol B� lo! A L r r o � ____ a 3 PEACO K AVE / , N N liW t"U��My�II 6 6 a a 6-u GI I Wt 11 i Y 9 I n I Y I a FFa g d LUL i5 M1.� P ioL m I °w I aP III .Ld w - 1 qygg`` j P E A C 0 C K A V E N U E o � ADaRENa1N1RY � w. a � a Ficai S 40TH S EET ✓31 r r o ____ a 3 PEACO K AVE / , N N 0 N s co s we, w umw uxa�xeea uw u000 x...�wmwv.u.m. m.w n cw°w !A ej �n me ; w w Cl a 06 zr",- cnas � Q W w co O I �,� � w, ww aws �xu meo-a zwr � NPmt x u aM4amswm n. 11 ILI, lamxl!P.Minmwc wn .ami u�iww.s wmrnr. rmae�na mU mwVa w+m uvw a.a. ,M. Gy vn„m. ,wN., wM,x.a.++wnmrvup4�aw n+w,.ow. y��,�nAW1 euro �r��Nm+`m�;"u�w �""���'v"`"im "rriunw[ml�iwTw a �mmlw � x.umwa.nnu.w..wnrrc�w�i m.uew•mu.. wnanwnsin EP an[mtlLLtYm Ils.ixrc _ aw.a U. wtiw,.uw c.. i -__. w mnrM1m....er.w.in.,..�u�s,mm.nnmm. rqu+�.c v �w+aw mersvw�wsme w.wsoaemq»r ... gk. 4'laa0 -�:- Applicant Fields City of Miami Public School Concurrency Concurrency Management System Entered Requirements Public Hearing Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use 4 R e xo N f N 6, Application Name * TREO Douglas Station, LLC Application Phone * 305-448-7092 Application Email * oboudet@treogroup.com Application Address Contact Fields Information Contact Name * Ines Marrero-Priegues Contact Phone * 305-789-7776 Contact Email * ines.marrero@hklaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDCay c ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4117-003-1820; 1750;1760;1770;1780 Additional Folio Number Total Acreage * 1.16 Proposed Land Use/Zoning * T6-12 Re5t.YlctedL C,DYrlrneYC10.J Single -Family Detached Units Single -Family Attached Units (Duplex) Multi -Family Units * 181 Total # of Units * 181 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20 -unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application uollaad 4 knt"0*11., UP r Tnes Mnrrero- Pvee %6, 45 Owner(s)/Attorney/Applicant Na e O ner(s)/A ey/Appli m SignattU STATE OF FLORIDA COUNTY OF MIAMI-DADE Th foregoing was aslmpwledged before me this flay of V"L* 20 1 by t4 rrerion 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).r'dy, SIUBYFLEITES +r +: MY COMMISSION # EE 575841 EXPIRES: Apol 16, 2017 " Bonded Thru Notary Public Underwriters Prepared by and return to: Linda Worton Jackson SALAZAR JACKSON, LLP Two S. Biscayne Blvd., Suite 3760 Coconut Grove, FL 33133 Purchase Price: $5,700,000 Documentary Stamps: $ Above This Line For Recording CFN: 20130870474 BOOK 28894 PAGE 36 DATE -11/01/2013 10:23:07 AM DEED DOC 34,200.00 SURTAX 25,650.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Special Warranty Deed This Special Warranty Deed made this 3d" day of October, 2013 between Helen B. Bentley Family Health Center, Inc., a Florida nonprofit corporation, whose post office address is 3090 S.W. 37th Avenue, Coconut Grove, FL 33133, grantor, and TREO Douglas Station LLC, a Florida limited liability company whose post office address is 2950 S.W. 27th Avenue, Suite 300, Miami, FL 33133, grantee: (Whenever 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, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lots 6, 7 and 8, Block 9, less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 9, 10 and 11, Block 9 less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 12, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND LESS the South 10 feet of Lots 23 and 24; LESS the West 10 feet of Lots 12, 16, 17, 20, 21 and 24 and LESS the East 20 feet of Lots 18, 19, 22 and 23, all in Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4117-003-1820; 01-4117-003-1760; 014117-003-1770; 01- 4117-003-1780; 01-4117-003-1780;01-4117-003-1750. Subject to the permitted exceptions set forth on Exhibit A attached hereto, without the intent to reimpose same. CFN: 20130870474 BOOK 28894 PAGE 37 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 said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor 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 grantors. 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: Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation *419 Wt, By: Dr. aleb A. Davis Its: President (Corporate Seal) State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this day of October, 2013 by Dr. Caleb A. Davis, as President of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation, who [ ] is perso y known or [ A has produced a driver's license as identification. [Notary Seal] to Public Printed Name: �� Aare -111Q, Y"''••, AL1-MARCELLE LEE SIN ) Notary public . State of Florida My Commission Expires: / , 20 / My Comm. Expires Jun 25, 2017 V -;>o, oP Commission FF 3102 Bonded Through Mahona' 1,�n�. CFN: 20130870474 BOOK 28894 PAGE 38 EXHIBIT A PERMITTED EXCEPTIONS I . Taxes and assessments for the year 2013 and subsequent years, which are not yet due and payable. 2. All matters contained on the Plat of REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida. 3. Building restrictions in Deed Book 3652, Page 367, of the Public Records of Miami -Dade County, Florida. 4. Covenant Running with the Land recorded in Official Records Book 10371, Page 1960, as affected by affidavit in Official Records Book 10548, Page 1310, of the Public Records of Miami -Dade County, Florida. 5. Covenant Running with the Land recorded in Official Records Book 11813, Page 606, of the Public Records of Miami -Dade County, Florida. 6. Agreement for Water and Sanitary Sewage Facilities recorded in Official Records Book 16908, Page 2777, of the Public Records of Miami -Dade County, Florida. 7. Unity of Title recorded in Official Records Book 17093, Page 3620, of the Public Records of Miami -Dade County, Florida. CFN: 20130870474 BOOK 28894 PAGE 39 SECRETARY'S CERTIFICATE AND INCUMBENCY CERTIFICATE The undersigned, as Secretary of HELEN B. BENTLEY FAMILY HEALTH CENTER, INC. (the "Corporation"), does hereby certify that: I. Attached hereto as Exhibit A is a true, correct and complete copy of the Articles of Incorporation of the Corporation which is, as of the date hereof, in full force and effect. No amendment to or restatement of the Corporation's Articles of Incorporation has been filed since the date set forth thereon and no action has been taken by the Corporation in contemplation of the filing of any amendment to or restatement of the Corporation's Articles of Incorporation. 2. Attached hereto as Exhibit B is a true, correct and complete copy of the Bylaws of the Corporation which are, as of the date hereof, in full force and effect. No amendment to or restatement of the Corporation's Bylaws has been made since the date set forth thereon and no action has been taken by the Corporation in contemplation of any amendment to or restatement of the Corporation's Bylaws. 3. Attached hereto as Exhibit C is a copy of the good standing certificate of the Corporation issued by the Secretary of State of the State of Florida. 4. The Corporation does not have members. Rather, the Corporation is managed by a Board of Directors. The following persons have been duly elected and qualified as, and on this date are, all of the members of the Board of Directors of the Corporation: Dr. Caleb A. Davis, Zondra James -Fountain, Barbara B. Jordan, Norman P. Range, Gene S. Tinnie, Pinky Sands, Annie Baker and Vivian Gonzalez Diaz. The ninth director resigned and has not been replaced. 5. Attached hereto as Exhibit D is a true, correct and complete copy of the resolutions duly adopted by the Board of Directors of the Corporation at a meeting held on September 12, 2013 authorizing the sale of substantially all of the assets of the Corporation to satisfy the liabilities of the Corporation. Such resolutions are the only resolutions adopted by the Board of Directors of the Corporation with respect to such transaction and have not been amended, modified, revoked or rescinded as of the date hereof and remain in full force and effect. Such resolutions have been adopted in conformity with the Articles of Incorporation, Bylaws and other organizational documents of the Corporation. 2013. CFNe 20130870474 BOOK 28894 PAGE 40 6. The person named below has been duly elected and qualified as, and on this date is, the acting President of the Corporation authorized to sign on behalf of the Corporation the conveyance documents described in the resolutions and set forth opposite his name is his genuine signature. El President: N e: Dr. Caleb A. Davis IN WITNESS WMREOF, I have hereunto set my hand this _ day of October, Barbara B. Jordan, Secretary CFN: 20130870474 BOOK 28894 PAGE 41 6. The person named below has been duly elected and qualified as, and on this date is, the acting President of the Corporation authorized to sign on behalf of the Corporation the conveyance documents described in the resolutions and set forth opposite his name is his genuine signature. President: Name: Dr. Caleb A. Davis 7N WITNESS WIIEREOF, I have hereunto set my hand this5o day of October, 2011 Barbara B. Jordan, ecretary 2 CFN: 20130870474 BOOK 28894 PAGE 42 Exhibit "A" Articles of Incorporation Intentionally Deleted CFN: 20130870474 BOOK 28894 PAGE 43 E%thibli "B" INTENTIONALLY DELETED CFN: 20130870474 BOOK 28894 PAGE 44 Exhibit "D" Resolutions BE IT RESOLVED that it is in the best interest of the Corporation to enter into that certain Agreement for Sale and Purchase of Real Property dated September 17, 2013, as amended (the "Purchase Agreement") for the sale of that certain real property and related assets located at 3090 S.W. 37th Avenue, Coconut Grove, Florida 33133 (collectively, the "PropeM") for the sum of $5,700,000 (the "Transaction"); and BE IT FURTHER RESOLVED that Dr. Caleb A. Davis, the President of the Corporation, be and is hereby authorized and directed to execute and deliver on behalf of the Corporation any and all documents required in connection with the Transaction, including, without limitation, that certain: (a) Special Warranty Deed, (b) Bill of Sale, (c) Owner's Title Affidavit, (d) FIRPTA Non Foreign Affidavit, (e) Assignment of Development Rights, (f) Closing Statement, and (g) such other documents as may be necessary or desirable to effect the Transaction (collectively, the "Transaction Documents"), each in the form approved by the President of the Corporation, such approval to be conclusively evidenced by the execution thereof. and BE 1T FURTHER RESOLVED, that - the President of the Corporation be, and hereby is, authorized and empowered to do and to perform, or cause to be done and performed, all such other acts, deeds and things, and to make, execute and deliver, or cause to be made, executed and delivered the Transaction Documents and all such other agreements, undertakings, documents, instruments or certificates in the name, and on behalf, of the Corporation, as the President may deem necessary or appropriate to effectuate or carry out fully the purpose and intent of the foregoing resolutions and to be in the best interest of the Corporation (as conclusively evidenced by the taking of such action or the execution and delivery of such agreements, undertakings, documents, instruments or certificates, as the case may be, by or under the direction of him), and that all acts, deeds and things heretofore done or performed by the proper officer of the Corporation, in connection with the Transaction be, and hereby are, approved, ratified and confirmed in all respects; and BE IT FURTHER RESOLVED, that the cash due to Seller set forth in the Closing Statement be delivered to Salazar Jackson Trust Account. CFN: 20130870474 BOOK 28894 PAGE 45 CERTIFICATION The undersigned, being all of the members of the Board of Directors of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation (the "Corporation"), hereby certify that the resolutions attached to the Secretary Certificate as Exhibit "D" were duly adopted at a meeting of the Board of Directors on September 13, 2013 and there have been no modifications, additions or amendments thereto as of the date hereof. Further, the undersigned hereby certify that no agreements, documents or instruments of any nature or type whatsoever operate to prohibit, preclude, or in any way whatsoever restrict or limit the Corporation's ability to enter into and perform the terms or conditions of that certain Purchase Agreement by and between the Corporation and TREO Douglas Station, LLC, a Florida limited liability company. Further, the undersigned hereby certify that all provisions in the Articles of Incorporation and By -Laws pertaining to the conveyance of the real property have been met. Dated: October 30 , 2013 Witness: Print Name: ae v e AV.9 I Witne Print Na . Witness: Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Dr.leb A. Davis Barbara B. Jordan Zondra James -Fountain CFN: 20130870474 BOOK 28894 PAGE 46 CERTIFICATION The undersigned, being all of the members of the Board of Directors of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation (the "Corporation"), hereby certify that the resolutions attached to the Secretary Certificate as Exhibit "D" were duly adopted at a meeting of the Board of Directors on September 13, 2013 and there have been no modifications, additions or amendments thereto as of the date hereof. Further, the undersigned hereby certify that no agreements, documents or instruments of any nature or type whatsoever operate to prohibit, preclude, or in any way whatsoever restrict or limit the Corporation's ability to enter into and perform the,terms or conditions of that certain Purchase Agreement by and between the Corporation and TREO Douglas Station, LLC, a Florida limited liability company. Further, the undersigned hereby certify that all provisions in the Articles of Incorporation and By -Laws pertaining to the conveyance of the real property have been met. Dated: October k, 2013 Witness: _ Print Name: Dr. Caleb A. Davis Witness: Print Name: Witness: Print Name: T6- Za 19 f -t, -sc�,o Barbara B. Jordan Witness: Print Name: Witness: _ Print Name: Witness: Print Name: Zondra James -Fountain CFN: 20130870474 BOOK 28894 PAGE 47 CERTIFICATION The undersigned, being all of the members of the Board of Directors of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation (the "Corporation"), hereby certify that the resolutions attached to the Secretary Certificate as Exhibit "D" were duly adopted at a meeting of the Board of Directors on September 13, 2013 and there have been no modifications, additions or amendments thereto as of the date hereof. Further, the undersigned hereby certify that no agreements, documents or instruments of any nature or type whatsoever operate to prohibit, preclude, or in any way whatsoever restrict or limit the Corporation's ability to enter into and perform the terms or conditions of that certain Purchase Agreement by and between the Corporation and TREO Douglas Station, LLC, a Florida limited liability company. Further, the undersigned hereby certify that all provisions in the Articles of Incorporation and By -Laws pertaining to the conveyance of the real property have been met. Dated: October le 2013 Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: Print Name: M667g Print Name: i Witness: Print Name: Dr. Caleb A. Davis Barbara B. Jordan oil CFN: 20130870474 BOOK 28894 PAGE 48 i / ' Witness: —Z"�—x/-v Print Name: Zo AJ 0,,) P. Range Witness: Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Gene S. Tinnie Pinky Sands Annie Baker Vivian Gonzalez Diaz Witness: _ Print Name: Witness: _ Print Name: Witness:Print Name: `�;r.�► Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: Print Name: CFN: 20130870474 BOOK 28894 PAGE 49 Norman P. Range ene S. e Pinky Sands Annie Baker Vivian Gonzalez Diaz Witness: _ Print Name: Witness: _ Print Name: Witness: Print Mame: Witness: _ Print Name: Witness: Print Name: Witness: Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: Print Name: CFN: 20130870474 BOOK 28894 PAGE 50 Norman P. Range Gene S. Tinnie Annie Baker Vivian Gonzalez Diaz Witness: _ Print Name: Witness: _ Print Name: Witness: Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: 4 L Print Name: m Witness: & Print Name: Witness: _ Print Name: Witness: _ Print Name: CFN: 20130870474 BOOK 28894 PAGE 51 Norman P. Range Gene S. Tinnie Pinky Sands e (,]�aker Vivian Gonzalez Diaz Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: Witness: _ Print Name: 1 CFN: 20130870474 BOOK 28894 PAGE 52 Norman P. Range Gene S. Tinnie Pinky Sands Annie Baker Vivian Gonzalez Diaz C K 0);* Y� P CITY OFMIAMI * DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION OF �4r 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: Ines Marrero-Priegues (First Name) (Middle) (Last Name) HOME ADDRESS: Holland & Knight, LLP (Address Line 1) CITY: Miami 701 Brickell Avenue, Suite 3300 (Address Line 2) STATE: Florida ZIP: 33131 HOME PHONE: (3 0 5) 789-7776 CELL PHONE: EMAIL: ines.marrero@hklaw.com FAX: BUSSINESS or APPLICANT or ENTITY NAME TREO_Douglas Station, LLC BUSINESS ADDRESS: 2950 SW 27 Avenue, Suite 300 (Address Line 1) Miami, FL 33133 (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. Rezoning and land use Change 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 0 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. C. * Additional names can be placed on a separate page attached to this fonn. 4. Please describe the nature of the consideration. none 5. Describe what is being requested in exchange for the consideration. none ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Of Sigvature Ines Marrero-Priegues, Esq. Print Name Sworn to and subscribed before ine this Z day, of QA44VA441 200 . The foregoing instrument was acknovvIedged before me by Q/` 1^0- r� S who has produced _ asi6lentifiecitionaizdlorispe7-sOlz(.ill))kizoii,iitomllafzdiiho did/did not take an oath. STATE. OF FLORIDA �)6e ,=o�, SIUBYFLEITES MY COMMISSION # EE 875841 CITE` OF MIAMI '; EXPIRES: April 16, 2017 MY COMTwok-7 IO' Notary EXPIRES: Print Name Enclosure(s) Doc. No.:86543 Page 2