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Home My WebLink AboutPZAB 06-23-14 Supporting DocumentsFile ID: Title: Location: Applicant(s): Purpose: Finding(s): Planning & Zoning: Public Works: Plat & Street: PZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-00211 ac Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF AN EAST/WEST ALLEY LOCATED BETWEEN NORTHEAST 40TH STREET AND NORTHEAST 41ST STREET FROM NORTHEAST 1ST AVENUE TO APPROXIMATELY 175 FEET WEST OF NORTHEAST 1ST AVENUE, MIAMI, FLORIDA. Approximately A Portion of an East/West Alley Located Between NE 40th Street and NE 41st from NE 1st Avenue to Approximately 175 Feet West of NE 1st Avenue [Commissioner Keon Hardemon - District 5] Steven J, Wernick, Esquire, on behalf of Lovely Rita, LLC and Sweet Virginia Acquisitions, LLC 1 SE 3rd Avenue, Suite 2500 Miami, FL 33131 (305) 374-5600 The alley closure and reconfiguration of the site into two tracts will enable the construction of approximately 46,115 square feet of retail shops, 16 residential condos and related parking garages. A proposed ingress/egress easement will be platted to provide uninterrupted access to the remainder of the alley serving the entire block. Recommended approval. Recommended approval. Recommended approval on December 5, 2013 by a vote of 5-0. Planning, Zoning and Appeals Board: Continued from April 30, 2014 and May 21, 2014. Continued per the Planning and Zoning Director to June 23, 2014. ity'•of Miami Planning and Zoning Department Land Development Section File ID#:14-00211ac ANALYSIS FOR ALLEY CLOSURE Request: Pursuant to Section 55-15 (c) of the Miami City Code, the Planning Department has reviewed the proposed public right-of-way vacation and closure to determine whether it is in the public interest, or whether the general public would benefit from the vacation of the right-of-way. Project: Closing, vacating, abandoning and discontinuing for public use a portion an east/west alley Location: BETWEEN NE 40TH STREET AND NE 41 ST STREET FROM NE 1ST AVENUE TO APPROXIMATELY 175 FEET WEST OF NE 1ST AVENUE, MIAMI, FLORIDA Net District: Little Haiti NET Folio #: N/A Square footage: N/A Current Zoning Designation: N/A FINDINGS AND COMMENTS: 1. A public ingress/egress easement will be provided on the closed end of the alley to maintain connectivity through the block. The closure will allow a unified development of the site including parking and facilities open to the public 2. The general public, emergency and service vehicles currently utilize the alley. The proposed easement will continue to allow public, emergency and service vehicles to utilize the alley and serve all adjacent properties in the block. 3. There will be no adverse effect on providing emergency services to all properties within the block. 4. The proposed easement is wider than the current alley and provides connectivity through the block and circulation for the general public, emergency and service vehicles. 5. The Plat and Street Committee members voted to recommend 5 in favor and 0 in denial of this alley closure request. Based on the above findings, the Planning and Zoning Department recommends Approval of the request. 03/17/2014 K. Cooper Page 1 of 1 M IAM 121 MAP NW 44TH ST' T4-L NE 44TH ST 3-L T3-O NW 42ND ST NW 41 ST ST NW 40TH ST NE 43RD ST TILL Buena Vista East 1 NE 42ND ST i��■��■��■�� • ii AA A % a rvf T3-O rfr T5-O T4-T3 NE'42 T5-O E 40TH ST NW 39TH ST /'/%'�////� Ak NW338THST 0 7 150 300 NIL v % ;.1 % 1 r Ar NE 39TH ST ,1 .-v �r /or , r r to- r • w /// - `, Z'j LZI ,ir, Ill NE 38TH STi i /'A� I - `� r - - -Z= w ;Buena=Vista:Post Office/Moore w A AN z T6-12 -0 600 Feet ADDRESS: 14-00211ac Buena NW 42ND ST NW 40TH ST 37TH STK NE 43RD ST NE42NDST NE 40TH ST NE 39TH ST NE 38TH ST ji■ii►■iii■iil■iii■ii►■iii■iii■lii■iii■iii■i►i Buena NE 42P Post Office/Moore 1- SourLce.. Esn, DfgitalGlobe=GeoEye-iiflubed, USDA, USGS, AE-X, Getmapping,-Aerogrid, IGN, I'GPzswisstopo, 1 nd the 0 150 300 600 Feet ADDRESS: 14-00211ac Tag of December 11, 2013 Sweet Virginia Acquisitions, LLC 3841 NE 2 Avenue, Suite 400 Miami FL, 33137 Lovely Rita Acquisitions, LLC 3841 NE 2 Avenue, Suite 400 Miami FL, 33137 JOHNNY MARTINEZ, P.E. City Manager MUSEUM SUBDIVISION TENTATIVE PLAT #1821 LOCATED ON THE WEST SIDE OF NE 1 AVENUE BETWEEN NE 40 STREET AND NE 41 STREET Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of December 5, 2013 approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. Correct the tentative plat name. 2. In Surveyor's Note 17, state that the express purpose is to close and vacate the alley, the same as stated in the legal description. 3. Provide a legible font on the location sketch. 4. Tie down the Sectional corner. 5. Provide dimensions from the west line of the proposed tract to a monument on North Miami Avenue. 6. Provide a distance to the centerline on NE 40 Street (west side). 7. Provide the recorded and measured lot dimensions. 8. Provide the area of the portion of the alley to be closed and vacated. 9. Provide the Lots, Blocks, and Subdivisions names on the opposite sides of the avenue and streets. 10. Show the geometry for the proposed easement. 11. Eliminate the notes with the folio numbers and owners names. 12. Show bold Iines only for the boundaries of this tentative plat. 13. Provide a bearing and distance along the monument lines and centerlines abutting the tentative plat. 14. Identify the easement as a public ingress/egress easement. 15. If the ingress/egress easement is to be 3-dimensional, describe the horizontal and vertical dimensions. 16. Clarify the record owners on the tentative plat and in the Opinion of Title. 17. Add a note that all existing buildings are to be removed. 18. Provide the zoning designations and zoning district lines in a legible form. 19. Correct the legal descriptions in the title block. 20. An exception or a letter from the Zoning Administrator is required for the T=5 parcel that exceeds the maximum tract size. 21. Delete the utility information on sheet 1 and include the utility information only on sheet 3. 22. Identify the decorative sidewalk pavers (diamonds). 23. Add parking meters and benches to the legend. 24. Identify the planters within the right-of-way. DEPARTMENT OF PUBLIC WORKS 444 S.W. 2nd Avenue / Miami, Florida 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address; P.O. Box 330708 Miami, FL 33233-0708 25. Correctly identify the utility structures as identified in the legend. 26. Correct the storm water drainage pipes in the right-of-way. Identify the pipe size. 27. On the location map, provide a fractional description including the City, County, and State. 28. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. 29. Verify with the Miami -Dade County that the proposed plat name is acceptable. 30. All encroachments across proposed tracts and/or lot lines must be removed prior to final plat submittal. 31. An opinion of title, in the City of Miami opinion of title form, must be provided at the time of fmal submittal. 32. Current backup documentation will be required for all who execute the final plat. A resolution for authority to execute documents and a Certificate of Good standing from the Secretary of State are required, if applicable. 33. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 34. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is the owner's responsibility to work with his surveyor and his attorney to assure that everything is in order before submitting the final plat package. • 35. Be advised that if all the requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 36. A letter of concurrency from the Miami -Dade County School Board is required to the final plat approval (see contact sheet). 37. Existing utilities located within the right of ways to be closed and vacated must be relocated or easement must be provided. 38. An opinion of title as to the reversionary rights for the right-of-way to closed and vacated will be required by the Planning, Zoning and Appeals Board. The opinion of title must also address whether or not there are individuals, in addition to the abutting property owners, having an interest in the right-of-way to be closed and vacated. A copy of the opinion of title must be provided to the Public Works Department. 39. The Planning, Zoning and Appeals Board will require a sketch and legal description with a square footage, on an 8 'A" xl 1" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. 40. The Plat and Street Committee has reviewed the tentative plat of Museum Subdivision and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The members of the Plat and Street Committee have further considered the request for vacation and closure of the alley with respect to Miami City Code requirements and have voted 5 in favor and 0 in denial of this vacation and closure request. In addition to the above requirements, you should be aware of the following: 1. State and Local laws require the installation of various physical improvements in the public rights -of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to the City of Miami Public Works Department, Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement letter required for the final plat approval. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i). Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. In order to mitigate problems associated with access and construction activities throughout the neighborhood, the contractor/developer is encouraged to notify the affected neighborhood residents, in writing, of the project starting and completion dates at the time of issuance of permits. The contractor/developer may coordinate the notification of residents with the local City of Miami NET Service Center. 6. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 7. Tentative plat approval is only valid for one.(1) year and six (6) months from the date of the Plat and Street Committee meeting at which time it was approved. If .you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, zeribe Ihekwaba, Ph.D., P.E. Director of Public Works /jd 0403 Enclosure: Contact Sheet c: Mike Bartholomew c/o Biscayne Eng. 529 West Flagler Street Miami, FL 33130 Nzeribe Ihekwaba, Ph.D., P.E., Director of Public Works Plat and Street Committee Members Surveys Development and Roadway Plans Central Akerman February 26, 2014 Via Hand Delivery Anel Rodriguez Hearing Boards Section 3rd Floor 444 S.W. 2nd Avenue Miami, Florida 33130 Steven J. Wernick Akerman LLP One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5600 Fax: 305.374.5095 Dir: 305.982.5579 Dir Fax: 305.349.4803 steven.wernick@akerman.com Re: Museum Subdivision / Application for Vacation and Closure of Alley Mr. Rodriguez: Our firm represents Lovely Rita, LLC and Sweet Virginia Acquisitions, LLC ("Applicant"), owners of that certain property located between NE 40th Street and NE 41 st Street, and between N. Miami Avenue and NE 1st Avenue, as legally described in Exhibit "A". Applicant hereby submits an application for vacation and closure of a portion of the 12' wide alley located parallel to the north of NE 40th Street (approximately 2,102 square feet in area). The Applicant are controlled entities affiliated with Dacra Development Corporation ("Dacra"). The subject application is part of Dacra's ongoing rejuvenation of the Miami Design District and the Special Area Plan approved by the City of Miami in 2013. This application will allow for the development of the Museum Garage, which will include 758 parking spaces with approximately 20,000 square feet of ground floor retail. The Museum Garage will provide much needed parking for shoppers and visitors to the area. Although a portion of the existing alley will be vacated, the Applicant, as part of the re -plat, is providing a dedicated easement (approximately 2,240 square feet in area) on the ground level connecting the remaining alley to NE 41 st Street. This access drive has been reviewed by the Plat and Street Committee, including Fire and Police officials, and will meet or exceed all emergency vehicle access requirements. The Applicant's request complies with the criteria contained in Section 55-15(c) of the City of Miami Code of Ordinances. akerman.com {28209246;2) Mr. Anel Rodriguez February 26, 2014 Page 2 of 2 (1) The general public would benefit from the vacation and closure of a portion of the alley. The closure of the alley will enable Dacra to construct a much needed parking garage which will serve the entire neighborhood. Additionally, the project will replace the alley with a dedicated easement through -way that will allow for vehicular access from the remaining portion of the alley to NE 41 st Street. (2) The existing alley is not currently utilized by pedestrians and is not a common access way for vehicular traffic, or for trash collection or other municipal services. (3) There would be no adverse effect on the ability to provide police, fire or emergency services. The Applicant, as part of the re -plat, is providing a dedicated easement (approximately 2,240 square feet in area) on the ground level connecting the remaining alley to NE 41st Street. This access drive has been reviewed by the Plat and Street Committee, including Fire and Police officials, and will meet or exceed all emergency vehicle access requirements. (4) The vacation and closure of the alley would have a beneficial effect on pedestrian and vehicular circulation in the area. The resulting parking garage would help create a more pedestrian -friendly experience on NE 41st Street. The access drive provided connecting the remaining portion of the alley to NE 41st Street would actually be wider than the existing alley today. On December 5, 2013 the Plat and Street Committee approved the tentative plat for the Museum Subdivision and recommended for approval of the vacation and closure of the alley finding that all four criteria in Section 55-15(c) have been met. Enclosed herein is a complete application along with all supporting materials and a check for the required application fees. On behalf of the Applicant, we respectfully request approval of the subject application by the Planning, Zoning, and Appeals Board and the City Commission. Please contact my office with any questions, requests for additional information, and for notification of scheduling of public hearings. You can reach me via telephone at 305-982-5579 and email at steven.wernick@akerman.com. Thank you for your attention to this matter. Sinc- el , Steven J. Wernick Enclosures 128209246;2} EXHIBIT "A" WEST SIDE LEGAL DESCRIPTION: Lots 1 through 7, of Block 2, AMENDED PLAT OF COMMERCIAL BILTMORE, according to the plat thereof as recorded in Plat Book 6 at Page 132, of the Public Records of Miami - Dade County, Florida. And Lots 1 through 8, of Block 9, BILTMORE, according to the plat thereof as recorded in Plat Book 6 at Page 67, of the Public Records of Miami -Dade County, Florida. VACATION AND CLOSURE APPLICATJ Ec11 20/4 �I AK E1 PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION �28 4A, ,„ 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 2 www.miamigov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. The deadline to file the complete application with supporting documents is the last five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8%x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2013 1 VACATION AND CLOSURE APPLICATION Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. 1. Applicant(s): Lovely Rita Acquisitions, LLC. and Sweet Virginia Acquisitions, LLC. 2. Description of area: See Exhibit "A" 3. Copies of the Tentative Plat: One (1) 24x36" and one (1) 8'/x11" prepared by a State of Florida registered land surveyor. 4. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8'/x11" prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than three (3) months elapse before Zoning Board or City Commission approval. 6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 8. A clear and legible copy of the legal description and sketch of area to be vacated, labeled as "Exhibit A". The original 8'/2x11" sketch of survey in #3 above can be labeled, "Exhibit A". 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, Tess than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. The subject property(ies) cannot have any open code enforcement/lien violations. 1.41 16. What is the acreage of the project/property site? 17. What is the purpose of this application/nature of proposed use? Alley Closure and re direction Rev. 07-2013 7 VACATION AND CLOSURE APPLICATION 18. Is the property within the boundaries of a historic site, historic district or archeo Please contact the Planning and Zoning Department on the 3rd Floor for information. cal zone? 19. 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 20. What would be the anticipated duration otthe presentation in front of the: Planning, Zoning and Appeals Board ib mi u es and/or I City Commission 15 minutes 21. Cost of processing according to Section 62-22 of the Miami City Code*: Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way Minimum Maximum (Re -submittals) b. Advertising c. Mail notice fee per notice d. Meeting package mailing fee per package $ 2.00 $ 3,000.00 $ 4,000.00 $ 1,500.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature ** Name Steven Gretenstein 305-531-8700 Telephone STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 20 i e foregoin was acknow+edg before me this , by VU..I vQ.'tell who is a ) individual/partne age orporation of individual/partnership/corpora ion. He/She is as identification and who did (did no (Stamp) ** Sweet Virg by MDDA its Sole M Delaware L By: a Delaware Limited Liability Company, a Delaware Limited Liability Company, District Associates Maj. e • -LLC, a Address E-mail 3841 NE 2nd Ave, Suite 400 Miami, FL 33137 e��` ��' DOS 9t*��i' i/ david@dacra.com >� s �� • $Jv� oN�v 2gljFr *' : �•• ; * �' #fF017144 �' day of ' 1. 996'-:° ugh 1atC��;\c pQ �' ,'t iR�,c, 11. sTMC.n`` who has pro uce Lovely Rita Acq by MDDA Swee its Manager By: e Limited Liability Company, ility Company, n, V ce President Rev. 07-2013 3 VACATION AND CLOSURE APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven Gretenstein , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, ❑ including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Lovely Rita Acquisitions, LLC Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1 v day of t U 2014, by Steven Gretenstein who is a Vice President of MDDA Sweet Bird Manager, LLC,( Delaware Limited Liability •- y, e v - -•er of Lovely Rita Acquisitions, LLC, a Delaware Limited Liability Company. He personally known to .. or who has produced identification an • • rri.i i►; - - # ARI* an oath. %`��\�p, Dos All,'%i. k,0 . • ,MISSION.AZ • � i (Stamp) _ ; vio8,zo'4. Signature __ * .••-• * y #FF01714•4 QQ p9'•:°tO is 9/.. •;1st %p$� i 4•4,..sThO`• %Hi Lovely Rita Acquisitions, LLC, a Delaware Limi -• Li •ili Company, by MDDA Sweet Biro - -.er, LC, a DelwareLimited Liability C•t.- yi t= -ger A icant's) Signature as VACATION AND CLOSURE APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Lovely Rita Acquisitions, LLC Percentage of Ownership 100% Subject Property Address(es) 95 NE 40th Street, 81 NE 30th Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): See Exhibit "B" Lovely Rita Acquisitions, LLC Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of �n)C( 1 Lovel ' ita • , isitions, LLC, a Delaware Limi''-d L abil mpany, by MDDA Sweet Bird an-ger a Delaw-re Limited Liability Com•an, , -,� ger r(s) ttorney Signature 2014, by Steven Gretenstein who is a Vice Preside MDDA Sweet Bird Manager, LL a Delaware Limited Liabili ' •mpany, the - -.ger of Lovely Rita Acquisitions, LLC, a Delaware Li ited Liability Company. a is personally know me or who has produced as identification a (Stamp) * �,�Oh1at�%'gv ✓i, �LJC, sot „�'►' ,„ c 1�3�tiAlll�llAa��\\\ `k‘talteiran, ath. Q�,\,po OOS R/i,��i g J %a ►0'• : * OF017144: VACATION AND CLOSURE APPLICATION Exhibit "A" To Disclosure of Ownership Regarding Property Owned by Lovely Rita Acquisitions, LLC 1. Subject Property is owned by Lovely Rita Acquisitions LLC, which is owned as follows: 100% owner is Sweet Bird Associates, LLC, which in turn is owned as follows: 15%: MDDA Sweet Bird Member, LLC which is 100% owned by Miami Design District Associates, LLC, which in turn is owned as follows: 49.51%: CR Member, LLC, which is 100% +/- owned indirectly by Craig Robins 0.49%: Dacra Member, LLC, which is 100% owned by various corporations, all of whom are owned by Craig Robins 50%: LRE DDM LLC, which is owned 100% by L Real Estate SICAR. 85%: Westbeach Properties LLC, which is owned 100%+/- indirectly by Brickstone Enterprise Ltd. Subject Property Address(es): 95 NE 40th Street 81 NE 39th Street EXHIBIT "B" 0131240210570 SUN KING LLC 21 39 ST NW 3841 NE 2ND AVE STE 400 PRINCESS PARK PB 6-67 MIAMI, FL 33137-3699 LOT @@ BLK 3 LOT SIZE SITE VALUE 0131240210580 SUN KING LLC 3900 MIAMI AVE N 3841 NE 2ND AVE STE 400 24 53 41 PRINCESS PARK PB 6-87 LOT 23 & 24 BLK 3 MIAMI, FL 33137-3699 LOT SIZE 100.000 X 114 0131240241070 MDDA BLUE SKY LLC 13142 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOTS17&18BLK6 LOT SIZE 100 X 100 0131240241075 MDDA BLUE SKY LLC BILTMORE SUB PB 6-67 3841 NE 2ND AVE STE 400 LOT 19 BLK 6 MIAMI, FL 33137-3699 LOT SIZE 50.000 X 100 0131240241150 FCAA LLC 115 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOTS 3&4BLK 7 LOT SIZE 104.600 X 115 0131240241160 SCARLET BEGONIA HOLDINGS LLC 135 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 5 BLK 7 LOT SIZE 60.000 X 105 0131240241320 MIDNIGHT RAMBLER LLC 53 41 ST NE 3841 NE 2ND AVE STE 400 24 53 41 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 19 BLK LOT SIZE 50.000 X 105 0131240241330 MIDNIGHT RAMBLER LLC 6141 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 20 & W 1/2 OF LOT 21 BLK 8 LOT SIZE 75.000 X 105 0131240250020 DACRA DESIGN MOORE LLC 175 40 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB & COMMERCIAL BILTMORE SUB AMD MIAMI, FL 33137-3699 PLAT PB 45-55 LOTS 6 & 7 LOT SIZE IRREGULAR 0131240270040 MOSAIC LLC 155 40 ST NE 3841 NE 2ND AVE STE 400 COMM BILTMORE LOTS 8 THRU 12 BLK 1 LOT SIZE MIAMI, FL 33137-3699 125.00 X 100.00 dacra/bridge plat/exhibit b Page 1 of 5 0131240270270 NORWEGIAN WOOD ACQUISITIONS LLC 92 40 ST NE 3841 NE 2ND AVE STE 400 24 53 41 COMM BILTMORE PB 6-132 MIAMI, FL 33137-3699 LOTS 1-2 & 3 BLK 3 LOT SIZE 75.000 X 100 0131240280060 TWERY ASSOCIATES LTD 160 40 ST NE 3841 NE 2ND AVE STE 400 COMM BILTMORE 2ND SEC PB 12-44 MIAMI, FL 33137-3699 LOTS 10 & 11 LOT SIZE 50.000 X 100 0131240280080 OAK PLAZA ASSOCIATES LTD 150 40 ST NE 3841 NE 2ND AVE STE 400 COMM BILTMORE 2ND SEC PB 12-44 MIAMI, FL 33137-3699 W2OFTOFLOT127LOT13 LOT SIZE 45.000 X 100 0131240280160 CUMBERLAND ACQUISITIONS LLC 100 40 ST NE 3841 NE 2ND AVE STE 400 COMM BILTMORE 2" SEC PB 12-44 MIAMI, FL 33137-3699 W5FT LOT 22 & ALL LOT 23 & UNNUM ED LOT 13 X 100FT LYING W & ADJ PB 6-132 LOT SIZE 44.000 X 100 0131240290130 MONTE CARLO ASSOCIATES LTD 90 39 ST NE 3841 NE 2ND AVE STE 400 24 53 41 BILTMORE COURT PB 7-37 MIAMI, FL 33137-3699 LOTS 1-2 & 3 BLK 2 LOT SIZE 150 X 91 0131240290160 SUN KING LLC 30 39 ST NE 3841 NE 2ND AVE STE 400 BILTMORE COURT PB 7-37 MIAMI, FL 33137-3699 LOT 9 LESS E15FT FOR ST & LOT 10 LESS W9FT BLK 2 0131240300050 OAK PLAZA ASSOCIATES LTD 163 39 ST NE 3841 NE 2ND AVE STE 400 MAGNOLIA COURT PB 6-105 MIAMI, FL 33137-3699 LOT 6 BLK 1 LOT SIZE 50.000 X 94 0131240300070 MAGNOLIA COURT LLC 133 39 ST NE 551 BAY POINT RD 24 53 41 MAGNOLIA COURT PB 6-105 MIAMI, FL 33137-3303 LOT 10 BLK 1 LOT SIZE 50.000 X 94 0131240300090 CUMBERLAND ACQUISITIONS LLC 10139 ST NE 866 S DIXIE HWY MAGNOLIA COURT PB 6-105 CORAL GABLES, FL 33146-2603 LOT 12 LESS E3FT & LOT 13 LESS TH PT LYG IN R/W & LOT A BILTMORE CT PB 7-37 BLK 1 LOT SIZE 87.000 X 94 dacra/bridge plat/exhibit b Page 2 of 5 0131240300210 ELECTRA ACQUISITIONS LLC 100 39 ST NE 3841 NE 2ND AVE STE 400 MAGNOLIA COURT PB 6-105 MIAMI, FL 33137-3699 LOTS 12 & 13 BLK 2 & LOT B BILTMORE CT PB 7-37 & LOTS 15 THRU 20 INC & LOT 23 LESS W13FT OF LOTS 18 TO 20 BLK 1 COMM BUENA VISTA PB 14-56 LOT SIZE IRREGULAR 0131240330240 MDDA GARAGE LLC 3800 1 AVE NE 3841 NE 2ND AVE STE 400 COMM BUENA VISTA PB 14-56 MIAMI, FL 33137-3699 LOTS 2 THUR 14 BLK 2 LOT SIZE 31521 SQ FT 0131240241340 UPTOWN GIRL DEVELOPMENT LLC 77 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 22 & E1/2 LOT 21 BLK 8 LOT SIZE 75.000 X 105 0131240241350 UPTOWN GIRL DEVELOPMENT LLC 4100 1 AVE NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOTS 23 & 24 LESS N46FT BLK 8 LOT SUZE 58.600 X 100 0131240241470 WILD HORSES MOSAIC LLC 158 41 ST NE 3841 NE 2ND AVE STE 400 24 53 41 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 5 &W2OFT OF LOT 4 BLK 10 LOT SIZE 70.000 X 105 0131240241480 FCAA LLC 150 41 ST NE 3841 NE 2ND AVE STE 400 24 53 41 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 6 BLK 10 LOT SIZE 50.000 X 105 0131240241490 WILD HORSES MOSAIC LLC 144 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 7 BLK 10 LOT SIZE 50.000 X 105 0131240241500 FCAA LLC 140 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 8 BLK 10 LOT SIZE 50.000 X 105 0131240241540 TINY DANCER ACQUISITIONS LLC 4039 1 AVE NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 12 BLK 10 LOT SIZE 50.000 X 105 dacra/bridge plat/exhibit b Page 3 of 5 0131240241550 150 42 ST NE 24 53 41 1.5 AC BILTMORE SUB PB 6-67 W325FT UNNUMBERED TR LESS RD MARKED Z T MERRITT LOT SIZE IRREGULAR 0131240260220 3840 MIAMI COURT NE CENTRAL ADD BUENA VISTA PB 3-191 LOT 5 BLK 3 LOT SIZE 48.000 X 102 0131240270060 15140 ST NE COMM BILTMORE PB 6-132 LOTS 13 & 14 BLK 1 0131240280040170 40 ST NE COMM BILTMORE 2ND SEC PB 12-44 LOTS 7 & 8 LOT SIZE 50.000 X 100 0131240270070 154 40 ST NE 24053041 COMM BILTMORE 2ND SEC PB 12-44 LOT 12 LESS W 20FT LOT SIZE 5.000 X 100 0131240280150 108 40 ST NE COMM BILTMORE 2ND SEC PB 12-44 LOT21&E2OFTOFLOT22 LOT SIZE 45.000 X 100 0131240290010 99 39 ST NE BILTMORE COURT PB 7-37 LOTS1&2BLK1 LOT SIZE 100.000 X 94 0131240290150 5039STNE 24 53 41 BILTMORE COURT PB 7-37 LOTS 7&8 LESS W3OFT LOT 8 BLK 0131240290170 3825 MIAMI AVE N BILTMORE COURT PB 7-37 W9FT LOT 10 & ALL LOTS 11-12-13 BLK 2 & LOT 4 BLK 3 PER PB 3-191 LESS W15FT OF LOT 4 BLK 3 FOR ST & LESS EXTERNAL AREA IN NW COR LOT 11 FOR R/W LOT SIZE IRREGULAR 0131240300060 139 39 ST NE MAGNOLIA COURT PB 6-105 LOTS 7 TO 9 INC BLK 1 LOT SIZE 150.000 X 94 0131240300080 dacra/bridge plat/exhibit b Page 4 of 5 FCAA LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SUN KING LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 MORADA DESIGN LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 DACRA DESIGN ASSOC LTD 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 TWERY ASSOCIATES LTD 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 CUMBERLAND ACQUISITIONS LLC 866 S DIXIE HWY CORAL GABLES, FL 33146-2603 LADY JANE ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 PENNY LANE ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SUN KING LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 OAK PLAZA ASSOCIATES LTD 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 HALE DANIEL DESIGN LLC 11939STNE 24 53 41 MAGNOLIA COURT PB 6-105 ALL LOT 11 & E3FT LOT 12 BLK 1 LOT SIZE 53.000 X 94 0134240300170 140 39 ST NE MAGNOLIA COURT PB 6-105 LOTS B&9BLK 2&WSOFTOFLOT 1&LOTS 7THRU 14 & LOTS 24 THRU 31 BLK 1 OF PB 14-56 LOT SIZE 45925 SQ FT 0131240300090 3821 1 AVE NE COMM BUENA VISTA PB 14-56 W13FT LOTS 18 THRU 20 INC BLK 1 LOT SIZE 975 SQUARE FEET 0131240330240 3815 1 AVE NE COMM BUENA VISTA PB 14-56 LOTS 19-20 & 21 LESS E31.1FT OF EACH BLK 2 LOT SIZE 73.000 X 69 dacra/bridge plat/exhibit b Page 5 of 5 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 DACRA DESIGNMIAMI LTD 3841 NE 2ND AVE MIAMI, FL 33137-3606 ELECTRA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 AMIR LOTS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 VACATION AND CLOSURE APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven Gretenstein , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Sweet Virginia Acquisitions, LLC Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Sweet Virginia Acquisitions, LLC, a Delaware Limited Liability Company, by MDDA Phase III Holdings, LLC, a Delaware Limited Liability C• pa s `•le Member, by Miami Design strict / ssociat-s Manager, LLC, a Delaware mite• iab' • = Manager pplicant(s) Signature ati The foregoing was acknowledged before me this day of tbiiup1 2014, by Steven Gretenstein, who is a Vice President of Miami Design District Associate Manager, LLC, a Delaware Limited Liability Company, the Manager of MDDA Phase III Holdings, LLC, a Delaware Limited Liability Compa mber of Sweet Virginia Acquisitions, LLC, a Delaware Limited Liability Company. He i • to me or who has produced as identification and who dioath. (Stamp) ersonally know ..Q.s . 4 J Oyu '. #FF017144 *_ 44n/finiMOO Si VACATION AND CLOSURE APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Sweet Virginia Acquisitions, LLC Percentage of Ownership 100% Subject Property Address(es) 34, 46, 56, 60, 80, 84 and 90 NE 41st Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): See Exhibit "B" Sweet Virginia Acquisitions, LLC Owner(s) or Attorney Name Sweet Virginia Acquisitions, LLC, a Delaware Limited Liability Company, by MDDA Phase III Holdings, LLC, a Delaware Limited Liability Com -ny, i •le Member, by Miami Design Dist ict A--ociat:s Manager, LLC, a Delaware Lim anager er(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE �� The foregoing was acknowledged before me this day of 2014, by Steven Gretenstein, who is a Vice President of Miami Design District Associ-Q;s Manager, LLC, a Delaware Limited Liability Company, the Manager of MDDA Phase III Hol• 's, LLC, a Delaware Limited Liability Compa• - o e ber of Sweet Virginia Acquisitions, LLC, a Delaware Limited Liability Company. H- s •ersonally knows • me or who has produced as identification and who did • : nQ a e an oath. ``,�a��nni a ��liii�� 0 . DOS A<9 LQiJ so . ,M\ssioti4;• G * Q- 18, 20y ; (Stamp)1. ' ��°��' %: * = Sig ure * .1. #FF0171441: aQ of f`""�� 8BIIRiMO'1O`````` (26-- VACATION AND CLOSURE APPLICATION Exhibit "A" To Disclosure of Ownership Regarding Property Owned by Sweet Virginia Acquisitions, LLC 1. Subject Property is owned by Sweet Virginia Acquisitions LLC, which is owned as follows: 100% owner is MDDA Phase III Holdings, LLC, which is 100% owned by Miami Design District Associates, LLC, which is owned as follows: 49.51%: CR Member, LLC, which is 100% +/- owned indirectly by Craig Robins 0.49%: Dacra Member, LLC, which is 100% owned by various corporations, all of whom are owned by Craig Robins 50%: LRE DDM LLC, which is owned 100% by L Real Estate SICAR. Subject Property Address(es): 34, 46, 56, 60, 80, 84 and 90 NE 15t Street EXHIBIT "B" 0131240210570 SUN KING LLC 21 39 ST NW 3841 NE 2ND AVE STE 400 PRINCESS PARK PB 6-67 MIAMI, FL 33137-3699 LOT @@ BLK 3 LOT SIZE SITE VALUE 0131240210580 SUN KING LLC 3900 MIAMI AVE N 3841 NE 2ND AVE STE 400 24 53 41 PRINCESS PARK PB 6-87 LOT 23 & 24 BLK 3 MIAMI, FL 33137-3699 LOT SIZE 100.000 X 114 0131240241070 MDDA BLUE SKY LLC 13142 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOTS 17&18BLK 6 LOT SIZE 100 X 100 0131240241075 MDDA BLUE SKY LLC BILTMORE SUB PB 6-67 3841 NE 2ND AVE STE 400 LOT 19 BLK 6 MIAMI, FL 33137-3699 LOT SIZE 50.000 X 100 0131240241150 FCAA LLC 115 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOTS 3 & 4 BLK 7 LOT SIZE 104.600 X 115 0131240241160 SCARLET BEGONIA HOLDINGS LLC 135 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 5 BLK 7 LOT SIZE 60.000 X 105 0131240241320 MIDNIGHT RAMBLER LLC 53 41 ST NE 3841 NE 2ND AVE STE 400 24 53 41 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 19 BLK 8 LOT SIZE 50.000 X 105 0131240241330 MIDNIGHT RAMBLER LLC 6141 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 20 & W1/2 OF LOT 21 BLK 8 LOT SIZE 75.000 X 105 0131240250020 DACRA DESIGN MOORE LLC 175 40 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB & COMMERCIAL BILTMORE SUB AMD MIAMI, FL 33137-3699 PLAT PB 45-55 LOTS 6 & 7 LOT SIZE IRREGULAR 0131240270040 MOSAIC LLC 155 40 ST NE 3841 NE 2ND AVE STE 400 COMM BILTMORE LOTS 8 THRU 12 BLK 1 LOT SIZE MIAMI, FL 33137-3699 125.00 X 100.00 dacra/bridge plat/exhibit b Page 1 of 5 0131240270270 NORWEGIAN WOOD ACQUISITIONS LLC 92 40 ST NE 3841 NE 2ND AVE STE 400 24 53 41 COMM BILTMORE PB 6-132 MIAMI, FL 33137-3699 LOTS 1-2 & 3 BLK 3 LOT SIZE 75.000 X 100 0131240280060 TWERY ASSOCIATES LTD 160 40 ST NE 3841 NE 2ND AVE STE 400 COMM BILTMORE 2ND SEC PB 12-44 MIAMI, FL 33137-3699 LOTS 10 & 11 LOT SIZE 50.000 X 100 0131240280080 OAK PLAZA ASSOCIATES LTD 150 40 ST NE 3841 NE 2ND AVE STE 400 COMM BILTMORE 2ND SEC PB 12-44 MIAMI, FL 33137-3699 W2OFTOFLOT127LOT13 LOT SIZE 45.000 X 100 0131240280160 CUMBERLAND ACQUISITIONS LLC 100 40 ST NE 3841 NE 2ND AVE STE 400 COMM BILTMORE 2ND SEC PB 12-44 MIAMI, FL 33137-3699 WSFT LOT 22 & ALL LOT 23 & UNNUM ED LOT 13 X 100FT LYING W & ADJ PB 6-132 LOT SIZE 44.000 X 100 0131240290130 MONTE CARLO ASSOCIATES LTD 90 39 ST NE 3841 NE 2ND AVE STE 400 24 53 41 BILTMORE COURT PB 7-37 MIAMI, FL 33137-3699 LOTS 1-2 & 3 BLK 2 LOT SIZE 150 X 91 0131240290160 SUN KING LLC 30 39 ST NE 3841 NE 2ND AVE STE 400 BILTMORE COURT PB 7-37 MIAMI, FL 33137-3699 LOT 9 LESS E15FT FOR ST & LOT 10 LESS W9FT BLK 2 0131240300050 OAK PLAZA ASSOCIATES LTD 163 39 ST NE 3841 NE 2ND AVE STE 400 MAGNOLIA COURT PB 6-105 MIAMI, FL 33137-3699 LOT 6 BLK 1 LOT SIZE 50.000 X 94 0131240300070 MAGNOLIA COURT LLC 133 39 ST NE 551 BAY POINT RD 24 53 41 MAGNOLIA COURT PB 6-105 MIAMI, FL 33137-3303 LOT 10 BLK 1 LOT SIZE 50.000 X 94 0131240300090 CUMBERLAND ACQUISITIONS LLC 10139 ST NE 866 S DIXIE HWY MAGNOLIA COURT PB 6-105 CORAL GABLES, FL 33146-2603 LOT 12 LESS E3FT & LOT 13 LESS TH PT LYG IN R/W & LOT A BILTMORE CT PB 7-37 BLK 1 LOT SIZE 87.000 X 94 dacra/bridge plat/exhibit b Page 2 of 5 0131240300210 ELECTRA ACQUISITIONS LLC 100 39 ST NE 3841 NE 2ND AVE STE 400 MAGNOLIA COURT PB 6-105 MIAMI, FL 33137-3699 LOTS 12 & 13 BLK 2 & LOT B BILTMORE CT PB 7-37 & LOTS 15 THRU 20 INC & LOT 23 LESS W13FT OF LOTS 18 TO 20 BLK 1 COMM BUENA VISTA PB 14-56 LOT SIZE IRREGULAR 0131240330240 MDDA GARAGE LLC 3800 1 AVE NE 3841 NE 2ND AVE STE 400 COMM BUENA VISTA PB 14-56 MIAMI, FL 33137-3699 LOTS 2 THUR 14 BLK 2 LOT SIZE 31521 SQ FT 0131240241340 UPTOWN GIRL DEVELOPMENT LLC 77 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 22 & E1/2 LOT 21 BLK 8 LOT SIZE 75.000 X 105 0131240241350 UPTOWN GIRL DEVELOPMENT LLC 4100 1 AVE NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOTS 23 & 24 LESS N46FT BLK LOT SUZE 58.600 X 100 0131240241470 WILD HORSES MOSAIC LLC 158 41 ST NE 3841 NE 2ND AVE STE 400 24 53 41 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 5 & W2OFT OF LOT 4 BLK 10 LOT SIZE 70.000 X 105 0131240241480 FCAA LLC 150 41 ST NE 3841 NE 2ND AVE STE 400 24 53 41 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 6 BLK 10 LOT SIZE 50.000 X 105 0131240241490 WILD HORSES MOSAIC LLC 144 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 7 BLK 10 LOT SIZE 50.000 X 105 0131240241500 FCAA LLC 140 41 ST NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 8 BLK 10 LOT SIZE 50.000 X 105 0131240241540 TINY DANCER ACQUISITIONS LLC 4039 1 AVE NE 3841 NE 2ND AVE STE 400 BILTMORE SUB PB 6-67 MIAMI, FL 33137-3699 LOT 12 BLK 10 LOT SIZE 50.000 X 105 dacra/bridge plat/exhibit b Page 3 of 5 0131240241550 150 42 ST NE 2453411.5AC BILTMORE SUB PB 6-67 W325FT UNNUMBERED TR LESS RD MARKED Z T MERRITT LOT SIZE IRREGULAR 0131240260220 3840 MIAMI COURT NE CENTRAL ADD BUENA VISTA PB 3-191 LOT 5 BLK 3 LOT SIZE 48.000 X 102 0131240270060 151 40 ST NE COMM BILTMORE PB 6-132 LOTS 13 & 14 BLK 1 0131240280040170 40 ST NE COMM BILTMORE 2ND SEC PB 12-44 LOTS 7 & 8 LOT SIZE 50.000 X 100 0131240270070 154 40 ST NE 24053041 COMM BILTMORE 2ND SEC PB 12-44 LOT 12 LESS W 20FT LOT SIZE 5.000 X 100 0131240280150 108 40 ST NE COMM BILTMORE 2ND SEC PB 12-44 LOT 21 & E2OFT OF LOT 22 LOT SIZE 45.000 X 100 0131240290010 9939STNE BILTMORE COURT PB 7-37 LOTS 1 & 2 BLK 1 LOT SIZE 100.000 X 94 0131240290150 5039STNE 24 53 41 BILTMORE COURT PB 7-37 LOTS 7&8 LESS W3OFT LOT 8 BLK 0131240290170 3825 MIAMI AVE N BILTMORE COURT PB 7-37 W9FT LOT 10 & ALL LOTS 11-12-13 BLK 2 & LOT 4 BLK 3 PER PB 3-191 LESS W15FT OF LOT 4 BLK 3 FOR ST & LESS EXTERNAL AREA IN NW COR LOT 11 FOR R/W LOT SIZE IRREGULAR 0131240300060 139 39 ST NE MAGNOLIA COURT PB 6-105 LOTS 7 TO 9 INC BLK 1 LOT SIZE 150.000 X 94 0131240300080 dacra/bridge plat/exhibit b Page 4 of 5 FCAA LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SUN KING LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 MORADA DESIGN LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 DACRA DESIGN ASSOC LTD 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 TWERY ASSOCIATES LTD 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 CUMBERLAND ACQUISITIONS LLC 866 S DIXIE HWY CORAL GABLES, FL 33146-2603 LADY JANE ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 PENNY LANE ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 SUN KING LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 OAK PLAZA ASSOCIATES LTD 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 HALE DANIEL DESIGN LLC 11939STNE 24 53 41 MAGNOLIA COURT PB 6-105 ALL LOT 11 & E3FT LOT 12 BLK 1 LOT SIZE 53.000 X 94 0134240300170 140 39 ST NE MAGNOLIA COURT PB 6-105 LOTS 8 & 9 BLK 2 & W5OFT OF LOT 1 & LOTS 7 THRU 14 & LOTS 24 THRU 31 BLK 1 OF PB 14-56 LOT SIZE 45925 SQ FT 0131240300090 3821 1 AVE NE COMM BUENA VISTA PB 14-56 W13FT LOTS 18 THRU 20 INC BLK 1 LOT SIZE 975 SQUARE FEET 0131240330240 3815 1 AVE NE COMM BUENA VISTA PB 14-56 LOTS 19-20 & 21 LESS E31.1FT OF EACH BLK 2 LOT SIZE 73.000 X 69 dacra/bridge plat/exhibit b Page 5 of 5 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 DACRA DESIGNMIAMI LTD 3841 NE 2ND AVE MIAMI, FL 33137-3606 ELECTRA ACQUISITIONS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 AMIR LOTS LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137-3699 EXHIBIT "A" WEST SIDE LEGAL DESCRIPTION: Lots 1 through 7, of Block 2, AMENDED PLAT OF COMMERCIAL BILTMORE, according to the plat thereof as recorded in Plat Book 6 at Page 132, of the Public Records of Miami - Dade County, Florida. And Lots 1 through 8, of Block 9, BILTMORE, according to the plat thereof as recorded in Plat Book 6 at Page 67, of the Public Records of Miami -Dade County, Florida. !ABLE OF NAME OF PLATS WEE OF ILEI• BILDIRIY PA A PM IL PA PE. Rumor. C011IT Pe IN P4M Jazon PA AL PM SO PLOT 1.2.66.4.611.12 17 18 mro BOUNDARY s'AYitvNT / el°ElierA°1eIv0 PLAT IRQLVMR $UB iv,0iiOlf A WTPLAT OF LOTS 1 THROUGH 7, OF BLOCK 2, AMENDED PLAT OF COMMENCJAL I-DADE COUNTY, FLORIDA. A u of LOTS 1AAS EO 1 AO N PLAT �> of T,rE PN MORE.0 o: O r,.. 0a OAOE,000m, ACLTMORE, CORDING wOA'CORDEO N MAT BOON 6 LYING IN SOUTHEAST La OF SECTION RA; TOWNSHIP 53 SOUTH; RANGE 41 EAST CITY OF MIAMI MIAMI-DADE COUNTY FLORIDA 20 23 icyy..■w t t.:C-`�':'ti, .:,,Fjav :Y`�L T..rA ..?r �`a , - . 9.,. !1`t."a ; �.n i•��X�.�:w 1�°'r-'p:o 4`5,.�:+'.�Y"W tz 1`,l&Y+ ' H CMS BM. sJRL !ORS Non. .. r.sr gmgw ..... O A.. .,uomr..r° s, g.B, ......N. 3 la Rom hymn *R. BRIO "von Bet eY IRV ova owe sesaa.wa.uaarPE...4aw . a`�OFAO",.r wB.=A r r m. r. .. INW-, trl'....fae. w.w-.r-.F rrwawa... :> r" ^•° te"": r.-r.,.0 ..mt to, NAe...rr�. np.... p.`...P . .w.. . -w...An-.r-.w...n.,..r ...n17. RA,. We pia Is bp deft. recola and obengen go 12 feet•OS MP. MOM Of. WI. of NA FOR CONTINUATION OF NORTH MANI AVENUE (SEE ABOVE) GRAPHIC SCALE ATTENTION SHOULD BE MADE TO THE SCALE OF THIS DRAWING AS IT HAS BEEN REDUCED FROM ITS ORIGINAL SIZE OF 3O"X36w II 8 FFF''pQQR CONTINUATION OF NORT(S 1L(AIB VA.) TIE (SEE IAEOAV MIMM ▪ ex= a cm sem AWN NU rn WOK. EI mum. --._.. ram..wr.....i.,,.,.,..r....r.n..r.,...r..«>......w.r..•v tin wawa.. ..NHr. mr4 w. 1.74x.01=1:1":1'4rs.7. rnrwu. lem▪ WaFma .. P4B.RALLr._r�Nn_r4., .�,��.r.�..... - ww,wNNW mere Ara Doe,_. .NNrnm,.lMEW :E"'.a.!fr—': sa uww"':=.'" rr..Ner..�w.r. wn. r.nn,...r r. _. ra,.rA.Ma�., AmAmmyrots O A.I>a mA rAse, AT TWEE .A4 WC OFF WCe.O ,, :'.waa �w.ww Ci_ NOURONIN BACON ON �-- STINALBAN mew LAY par,i,— — N RFFo im. esters a oe a FAR N. / 911ame) 1.01 FoFfs n wawa .�;sfi�+,.Aa•44='w: G9.E. 4009 STREET MIN BMW,' d sY `.r •`4 i d Y � '7 � v'i."i.>v'U�. Ny;� • n1P. CdA^2','`'-Rf�Girr lY.inY 8 r 8 7 4 TENTATIVE PLAT NOTES vra ,.-1.. = r 4. B.r ...r Rang-.,.N.N. we.. a0'mm M ON Awing wprops. ngs.,.•BAN.M"Ng .eIrd sw nnrNW.wear.w NW IA MAW an pa.r..r r... DNA*....a .. Ina IARSKFtPOIR AAA��a�IAAA: . .Wia�OQ�?9�OQ�uE mme�a�E!!!e sWin: Cnin;I::15 EFEEki;aaaII 11a11CIZaa_ LOCA?IOae Inuric aaw�. a• = 300 24,u a,a I ....72FRSLFE„".E.BI1R...R..,..r a ... a; c e�. ,nr,ga .n. FlR N1.3-0300113 NI �e6 Sme ,LE.STREET U z r N z 0 c U o (E z_ E L L v z 00 U z w L 5 } U o �0 m r DACRA DEVELOPMENT i ER tB $ II 0,031 millrirAtirrVE PLAT aro. Nr- BR-973 City of Miami 1 OF 3 EXHIBIT "A" J � 0 2. 15 16 17 18 19 20 21 22 23 N.E. 41st STREET 24 J ~! SKETCH LOCATION 11 12 10 8 BILTMORE BLOCK 9 P,B. 6 PG. 67 24 ' 19 17 ! 15, 11J :11 9 % Q 23 20 18 1161 114 12 10 8 161 14: 22 A'MENDE1 PLAT OF, QOMMERQIARIL;T? ORE `21 BLOCK 2 P.B. 6 Pa 132 , N.E. 40th STREET 1 24 20 23 1 19 8 16, 14 112 10 81 161 4 y7 115 113 111 9 7 5 AMENOE 1 PLAT OF COMM R4IAL BILTMQRE BLOCK .B^ ¢ G; 1,32 3 2 Lt,l 12 11 10 BILTMORE; BLOCK 6 P.B. ¢ PG. 67 2 2J2 221 ENDED ,PLAT 0 COMMERCIAL BIL ORE stock 1 P. '6 PG.' 132 (121 19 CpMMEERCIALL; BIL MORE ',SECOND P.B. ',12; 1P.P. 44 LOCATION SKETCH CITY OF MIAMI, MIAMI—DADE COUNTY FLORIDA SCALE: 1 "=150' LEGAL DESCRIPTION: A portion of the 12 foot wide alley lying between Block 9, of BILTMORE according to the plat thereof as recorded in Plat Book 6, and Block 2 of AMENDED PLAT OF COMMERCIAL BILTMORE according to the plat thereof as recorded in Plat Book 6, Page132, of the Public Records of Miami —Dade County, Florida, being more particularly described as follows: BEGINNING at the Southeast corner of Lot 1, of said Block 9, the said point being on the Westerly Right of Way line of Northeast 1st Avenue; THENCE South 89°59'31" West, along the South line of said Block 9, for a distance 175.17 feet; THENCE South 00°00'51 " East; for a distance of 12.00 feet to a point on the North line of said Block 2; THENCE North 89°59'31" East along said North line of Block 2 for a distance of 175.17 feet to a point on the Westerly Right of Way line of Northeast 1st Avenue as shown on said plats; THENCE North 00°01'26" West for a distance of 12.00 feet to the POINT OF BEGINNING. BEC REF. B.E.C. DRAWING BR-973, ORDER NO. 03-82829 DRAWING: 2176-SS-08 DATE: 01-14-2014 01-17-2014 CLIENT NAME: DACRA DEVELOPMENT BEC ORDER # 03-82829 DRAWN BY J.K.B. SHEET 1 OF 3 BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700 1898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM SYMBOLS AND ABBREVIATIONS: COR. = CORNER E'LY = EASTERLY L = LENGTH (WHEN USED IN CURVE DATA) NE. = NORTHEAST N'LY = NORTHERLY NW. = NORTHWEST P.B. = PLAT BOOK P.C.C. = POINT OF COMPOUND CURVATURE PG. = PAGE P.O.C. = POINT OF COMMENCEMEN T P.O.B. = POINT OF BEGINNING SURVEYOR'S NOTES: — This is not a Survey. R = RADIUS R/W = RIGHT OF WAY SEC. — SECTION S'LY = SOUTHERLY TWP = TOWNSHIP W'L Y = WESTERLY A = DEFLECTION ANGLE = CENTER LINE V'1 = MONUMENT LINE — This Site lies in Southeast 1/4 of Section City of Miami, Miami —Dade County Florida. 24, Township 53 South, Range 41 East, — Bearing shown hereon are assumed and are referenced to the Westerly Right of Way Line of N.E. 1th Avenue, having a bearing of N00'01'26"W. — Alley contains an area 2102.0 square feet more or less: — Document is not complete without all 3 pages. SURVEYOR'S CERTIFICATE: I hereby certify that the attached "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" was prepared in accordance with the Minimum Technical Standards for Surveying and Mapping, set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. THIS IS NOT A SURVEY Biscayne Engineering Company, Inc. 529 West Flagler Street, Miami, FL. 33130 Tel. (305) 324— 76 71, Fax (305) 324-0809 State of Florida Department of Agriculture LB— .Q00129 Da e: 01-14-2014. Andrew D. Conner, PSM, For the Firm, Vice President Professional Surveyor and Mapper No. 5995 State of Florida BEC REF. H.E.C. DRAWING BR-973, ORDER NO. 03-82829 DRAWING 21 76-SS-0 DATE: 01-17-2014 01-17-2014 CLIENT NAME: DACRA DEVELOPMENT BEC ORDER # 03-82829 DRAWN BY J.K.B. SHEET 2 of 3 BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700 .r 1898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW. BISCAYNEENGINEERING. COM N GRAPHIC SCALE 0 25 50 "A" EXHIBIT a, 1 inch = 50 ft. e•E c BLOCK BILTMORE P.B. 20 21 50 (P) 50 (P) 8 6 PG. 67 22 50 (P) 23 50 (P) 24 25 (P) 7 7CK BLO „BLOCK P.B. 6 PG. 4 + — o 0 0 Lci N L I N 1 } } N.E. 41st STREET o o CLAREMONT STREET (P) Lri50' R/W N 50 (P) 50 (P) I 50 (P) 50 (P) 125(P) f BLOCK 9 d = 89 59'19" BILTMORE P�B. 6 PG. 67 RI— 25.00' 1 L = 39.26' _ '\ 6 --' 5 4 3 h 2 �. 1 0 0 0l ° of POINT J O 5. 0' -- 30.0' — cD z Lo Cn o N 13 OF BEbINNING SiOUTHEAST CORNER OF LOT 1, S00°00'S1 "E BILOCK 9 BILTMORE PLAT 6, PAGE 67rn- m N 0 12.00' S89' 59' 31 W 175.17 50 (P) 50 (P) 50 (P) 50YP) 1 50YP) m I 1 12' ALLEY (P.B. 6, PG. 132) 12' ALLEY (P.B. 6, PG. 132) 2102.0 SO. FT J ,' Qe NOT 25 (P) R 25(P) 25YP) 25(P) 1 25 (P) BLOCK 2 N89" AMENDED PLAT OF NORTH 25(P)1 �� 25(P)I 59 31 E LIN OF IJ 25 (P)1 175.17 NOG"01 25 (P) 25 (P) , �� 26 W W w NsN JZ o �. k 3 I. �� o boo 25 (P) 24 23 0o COMMERCIAL BILTMORE BLOCK P.B. 6, P.G. 132 O O O 01 oI O o O O o o O .� .. �. ..1 ,. if 10 9 8 7 6 25 (P) 25 (P) 25 (P) 25(P) 12.00 OI O O OI O O o 0 0 0 I ', I .. .. I �. 5 1 4 3 1 2 1 1 25 (P) 1 25 (P) 25 (P) 25 (P) ' ¢ o 3 z xz Cc o Z� 1- ~ ^ z ^ Q �' O� m Wm 0- ¢ 25(P) 25(P) 0 0 o o `O t cN i I t i o N.E. 40th STREET -0R=25.00' n MAIN STREET (P) n •=so•o1'10" L=39.28' 25(P) 25 (P) 2.5(P) 25 (P) 1 25 (P)1 25YP) 1 25 (P) 25 (P) 25 (P)1 25(P) 1 11 10 9 8 7 6 BLOCK 3 51 4 3 2 1 1 AMENDED PLAT OF COMMERCIAL BILTMORE 13927(P P{B. 6, p.G. 132 I I I —-5.0' 30.0'— 35.0' 1, 261P) 1 — Document is not complete without all 3 pages. BEC REF. B.E.C. DRAWING BR-973, ORDER NO. 03-82829 01-17-2014 DRAWING: 2176-SS-08 CLIENT NAME: DACRA DEVELOPMENT DATE: 01-17-2014 BEC ORDER # 03-82829 DRAWN BY J.K.B. SHEET 3 of 3 BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700 j 1898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM 1 MI,.`MI DESIGN DISTRICT OPINION OF TITLE To: City of Miami, a municipal corporation With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA, in compliance with certain alley vacation requirements of the City of Miami, it is hereby certified that we have examined (i) First American Title Insurance Company's Commitment for Title Insurance bearing file no. 1062-3053485, completely covering the period from the beginning to February 5, 2014 at 8:00 a.m., inclusive, of the real property abutting the Alley (defined below) (the "Abutting Property") and (ii) First American Title Insurance Company's Commitment for Title Insurance bearing file no. 1062- 3117087, completely covering the period from the beginning to January 28, 2014 at 8:00 a.m., inclusive, of the following described real property (the "Alley"): The twelve foot (12') wide alley lying North of and adjacent to Lots 1 through 7, inclusive, of Block 2, AMENDED PLAT OF COMMERCIAL BILTMORE 1921, according to the Plat thereof, as recorded in Plat Book 6, at Page 132, of the Public Records of Miami -Dade County, Florida. Basing our opinion on said title searches, I am of the opinion that on the last mentioned date the fee simple title to the Abutting Property surrounding the Alley to be vacated was vested in: LOVELY RITA ACQUISITIONS, LLC, a Delaware limited liability company ("Lovely Rita") (who owns the portion of the Abutting Property described on Exhibit A attached hereto, referred to herein as the "Lovely Rita Property"); and SWEET VIRGINIA ACQUISITIONS, LLC, a Delaware limited liability company ("Sweet Virginia") (who owns the portion of the Abutting Property described on Exhibit B attached hereto, referred to herein as the "Sweet Virginia Property"); Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: 1. 2. 3. 4. 5. All taxes for the year in which this opinion is rendered and subsequent years. Rights of parties in possession other than the above owners. Facts that would be disclosed by an accurate survey. Any unrecorded labor, mechanics or materialmen's liens. Zoning and other restrictions imposed by governmental authority. C:\Uss�errs�s``\Alicia\AppData\Local\lvlicrosoft\Windows\Temporary Internet Files\Content.Outlook\KI4HZ4EZ\Opinion of Title Museum Garage - City - Miami Design D6tlfbt)AssAon - 001 .docx 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 Tel 305 722 7100 Fax 305 722 7263 miamidesigndistrict.net -1- MI,.`MI DESIGN DISTRICT 6. Boundary disputes caused by a change in water body location, and any adverse claim to all or part of land that is or was previously under water. 7. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting authority. 8. Any minerals or mineral rights leased, granted or retained by current or prior owners. 9. Municipal liens for unpaid utility service charges. 10. The rights of tenants, as tenants only, with no right of first refusal or option to purchase. RECORDED MORTGAGES, ASSIGNMENTS AND FINANCING STATEMENTS: 1. Mortgage and Security Agreement in favor of BREDS II Loan Holdings LLC, a Delaware limited liability company, dated July 29, 2013, and recorded July 30, 2013, in Official Records Book 28784, at Page 2218, in the original principal sum of $50,000,000.00, as modified by Mortgage Spreader Agreement, dated October 22, 2013 and recorded October 24, 2013 in Official Records Book 28883, Page 3335. 2. Assignment of Leases and Rents in favor of BREDS II Loan Holdings LLC, a Delaware limited liability company, dated July 29, 2013, and recorded July 30, 2013, in Official Records Book 28784, at Page 2252, as modified by Mortgage Spreader Agreement, dated October 22, 2013 and recorded October 24, 2013 in Official Records Book 28883, Page 3335. 3. UCC-1 Financing Statement made by Borrowers in favor of BREDS II Loan Holdings LLC, a Delaware limited liability company, as Secured Party, recorded July 30, 2013, in Official Records Book 28784, at Page 2271. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGEMENTS: NONE SPECIAL EXCEPTIONS: 1. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of BILTMORE, as recorded in Plat Book 6, at Page 67. 2. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of AMENDED PLAT OF COMMERCIAL BILTMORE, as recorded in Plat Book 6, at Page 132. 3. Declaration of Restrictive Covenants in Lieu of Unity of Title, filed February 4, 2005, in Official Records Book 23058, at Page 904, as affected by Corrective Declaration of Restrictive Covenants in Lieu of Unity of Title, filed March 9, 2005, in Official Records Book 23151, at Page 4658. 4. Declaration of Restrictive Covenants, filed March 9, 2005, in Official Records Book 23151, at Page 4667. 5. Declaration of Restrictive Covenants in Lieu of Unity of Title, filed December 6, 2012, in Official Records Book 28388, at Page 1614. C:\Users\Alicia\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\K14HZ4EZ\Opinion of Title Miami Design DUI itVAla aiWiage - City - Alley Vacation - 001.docx 3841 NE end Avenue, Suite 400, Miami, FL 33137 Tel 305 722 7100 Fax 305 722 7263 -2- miamidesigndistrict.net MI,.`MI DESIGN OISThICT 6. Development Agreement with the City of Miami, filed February 19, 2013, in Official Records Book 28495, at Page 558. 7. Unrecorded Settlement Agreement between (i) Luis Penelas, an individual with a mailing address of 133 NE 47th Street, Miami, FL 33137, and Wendy Stephan, an individual with a mailing address of 101 NE 43rdStreet, Miami, FL 33137, individually and as representatives of the Buena Vista East Neighborhood Association, with a mailing address of 133 NE 47thStreet, Miami, FL 33137;and (ii) Urbana Development, LLC, with a business address of 35 NE 40thStreet, Miami, Florida33137, Aria Lofts, with a business address of 5046 Biscayne Boulevard, Miami Fl 33137, and Jeff Morr, an individual residing in Miami -Dade County, Florida; as amended by undated letter agreement addressed to Mr. William Boehringer, Cube Miami, LLC and Aria Miami, LLC, executed on behalf of Buena Vista East Historic Neighborhood. Said exception is limited to "Covenants Running with the Land" as set forth in paragraph 15 of the unrecorded Settlement Agreement. All recording references are to the Public Records of Miami -Dade County, Florida. Further, I am of the opinion that (i) Lovely Rita, as the owner of the Abutting Property south of the Alley being vacated, owns the reversionary interests in the Alley from the northern perimeter of the Lovely Rita Property to the centerline of the Alley and (ii) Sweet Virginia, as the owner of the Abutting Property north of the Alley being vacated, owns the reversionary interests in the Alley from the southern perimeter of the Sweet Virginia Property to the centerline of the Alley. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and property title to the dedicated areas, if any, shown on the final plat of the aforedescribed property, the subdivision thereof to be known as MUSEUM SUBDIVISION. I, the undersigned, further certify that I am an attorney at law duly admitted to practice in the State of Florida and a member in good standing of The Florida Bar. Respectfully submitted this 24th day of February, 2014. Robert Flicker Florida Bar No.: 0016536 STATE OF FLORIDA COUTNY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 24th day of February, 2014, by Robert Flicker, who is personally known to me. O,`P0.Y P(/BG ALICIA ALONSO-WELCH * MY COMMISSION # EE 859276 EXPIRES: April 18, 2017 ,rr��aF ctoP\O: Bonded Thru Budget Notary Services Notary Public Alie,'A . Print Name C:\Users\Alicia\AppData\Local\Microsoft\Windows\ Temporary Internet Files\Content.Outlook\KI4HZ4EZ\Opinion of Title Museum Garage - City - Miami Design DACU1 .YdUon - 001.docx 3841 NE end Avenue, Suite 400, Miami, FL 33137 Tel 305 722 7100 Fax 305 722 7263 miamidesigndistrict.net -3- MI,,`MI DESIGN DISTRICT My Commission Expires: C:\Users\Alicia\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\KI4HZ4EZ\OpinlOf Of Title Miami Design Abkqemtp,Ugrage - City - Alley Vacation - 001.docx 3841 NE end Avenue, Suite 400, Miami, FL 33137 Tel 305 722 7100 Fax 305 722 7263 miamidesigndistrict.net -4- EXHIBIT A Abutting Property Owned By Lovely Rita Lots 1 through 7, of Block 2, AMENDED PLAT OF COMMERCIAL BILTMORE, according to the plat thereof, as recorded in Plat Book 6, at Page 132, of the Public Records of Miami -Dade County, Florida. MI�`MI DESIGN DISTRICT C:\Us�e�rs\Alicia \AppData\Local\Microsoft \Windows\Temporary Internet Files \Conten[.Outlook\K 14HZ4EZ \Opinion of Title Museum Garage - City - Miami Design D s^+gt,acagigion - 001.docx 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 Tel 305 722 7100 Fax 305 722 7263 miamidesigndistrict.net -5- MI, -`MI DESIGN DISTRICT EXHIBIT B Abutting Property Owned By Sweet Virginia Lots 1 through 8, of Block 9, BILTMORE, according to the plat thereof as recorded in Plat Book 6 at Page 67, of the Public Records of Miami -Dade County, Florida. C:\Users\Alicia\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\K14HZ4EZ\Opinion of Title Miami Design D44ckliQ 'age - City - Alley Vacation - 001.docx 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137 Tel 305 722 7100 Fax 305 722 7263 -6- miamidesigndistrict.net CFN: 20120035541 BOOK 27964 PAGE 3744 DATE:01/18/2012 02:10:09 PM DEED DOC 30,000.00 SURTAX 22,500.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE GTY This instrument prepared by: Thomas C. Cobb, Esq. P.O. Box 763 Fairfield, FL 32634 Folio No. 01-3124-027-0130 WARRANTY DEED This Warranty Deed made as of the /7: day of January, 2012, by DESIGN DISTRICT 40TH AND 41ST STREET, LLC, a Florida limited liability company ("Grantor"), having its address at 3470 North Miami Avenue, Upper Suite, Miami, FL 33127 in favor of SWEET VIRGINIA ACQUISITIONS TWO, LLC, a Delaware limited liability company ("Grantee"), having its address at 3841 NE 2"d Avenue, Suite 400, Miami, FL 33137. WITNESSETH, that Grantor, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by Grantee and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains and sells to the said Grantee and to Grantee's heirs and assigns, in fee simple forever the real property described as follows (the "Land"): Lots 5, 6 and 7, Block 2 of Commercial Biltmore Amended., according to the Plat thereof, as recorded in Plat Book 6, Page 132 of the Public Records of Miami -Dade County, Florida; SUBJECT TO: 1. Real property taxes for the year 2012 and subsequent years. 2. Matters set forth in the Plat of Commercial Biltmore Amended, as recorded in Plat Book 6, Page 132 of the Public Records of Miami -Dade County, Florida. 3. Covenants running with the land, none of which is reimposed by this deed, set forth in Section 15 of the unrecorded Settlement Agreement between (i) Luis Penelas, an individual with a mailing address of 133 NE 47th Street, Miami, FL 33137, and Wendy Stephan, an individual with a mailing address of 101 NE 43rd Street, Miami, FL 33137, individually and as representatives of the Buena Vista East Neighborhood Association, with a mailing address of 133 NE 47th Street, Miami, FL 33137; and (ii) Urbana Development, LLC, with a business TCC\SweetVirginiaTwo\Warranty Deed.005 address of 35 NE 40th Street, Miami, Florida 33137, Aria Lofts, with a business address of 5046 Biscayne Boulevard, Miami Fl 33137, and Jeff Morr, an individual residing in Miami -Dade County, Florida; as amended by undated letter agreement addressed to Mr. William Boehringer, Cube Miami, LLC and Aria Miami, LLC, executed on behalf of Buena Vista East Historic Neighborhood. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. AND EXCEPT AS SET FORTH ABOVE, GRANTOR does hereby fully warrant the title to said land, and will defend the same against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has executed this instrument. Signed, sealed and delivered in the presence of: (' . r?c) glelf CS STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE DESIGN DISTRICT 40TH AND 41ST STREET, LLC, a Florida limited liability company By: Asaf Cymbal Manager ---#474Z1 The foregoing instrument was acknowledged before me this 1% day of January, 2012 by Asaf Cymbal, as Manager of DESIGN DISTRICT 40TH AND 41ST STREET, LLC, a Florida limited liability company, on behalf of that company. He is _ personally known to me or X produced a 41&-1 c a driver's license as proof of his identity. o1p4Y P4B� S. CORDOVES NOTARY PUBLIC, State of Florida MY COMMISSION # EE i29808 * 't u;' EXPIRES: October 12, 2015 44. oe Bonded 7hoBudget tar Serkes My Commission Expires: (SEAL) TCC\SweetV irginiaTwo\Warranty Deed.005 CFN: 20110752638 BOOK 27887 PAGE 300 DATE:11/08/2011 11:19:09 AM DEED DOC 49,500.00 SURTAX 37,125.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This instrument was prepared by or under the supervision of: Sandra M. Ferrera, Esq, 3000 Southeast Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 After recording return to: Bryan Hawks, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue 23rd Floor Miami, FL 33131 Parcel Identification No,: 01-3124-027-0120 [Above for Recording] SPECIAL WARRANTY DEED This Indenture, made this 18th day of October, 2011, between DLM PARTNERSHIP LLC, a Florida limited liability company, whose mailing address is 18901 NE 29th Avenue, Suite 101, Aventura, FL 33160, hereinafter referred to as the Grantor, and LOVELY RITA ACQUISITIONS, LLC, a Delaware limited liability company, whose mailing address is 3841 N. E. 2nd Avenue, Suite 400, Miami, Florida 33137 , hereinafter referred to as the Grantee. (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). W ITN ESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the real property (the "Property") located in Miami -Dade County, Florida, and more particularly described on Exhibit "A" attached hereto and made a part hereof, Subject however, to: (a) Real property taxes and assessments for the year 2011 and thereafter; (b) Zoning and other regulatory laws and ordinances affecting the Property; CFN: 20110752638 BOOK 27887 PAGE 301 (c) Any plat affecting the Property; and (d) Easements, rights of way, limitations, conditions, covenants, restrictions, and other matters of record, if any, without intent of reimposing same. TOGETHER with all the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the above described land, with the appurtenances, unto the said Grantee, In fee simple forever. AND Grantor hereby specially warrants the title to the Property and will defend the same against the lawful claims of any persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the day and year first above written. Signature: Print Name: Signatu Print Name: Marlene B. Prep STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: DLM PARTNERSHIP LLC, a Florida limited liability company Doris B. Suttin, as Manager The foregoing instrument was acknowledged before me thisS41day of October, 2011, by Doris B. Suttin, as Manager of DLM PARTNERSHIP LLC, a Florida limited Ii9bility company, an behalf of said company. S/he is personally known to me or has produced a driver's license as identi ica ' n NOTARY PURL C - State o Florida My Commission Expires: 40VN moms 0. PRFGO MY COMMISSION t DD S20708 * * f * EXPIRE& September 27, 2012 Nm detl mrn Butlgel Notary Servicrk CFN: 20110752638 BOOK 27887 PAGE 302 EXHIBIT "A" Legal Description Lots 1, 2, 3 and 4, Block 2, of AMENDED PLAT OF COMMERCIAL BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, at Page 132, of the Public Records of Miami - Dade County, Florida. CFN: 20120036600 BOOK 27965 PAGE 1284 DATE:01/18/2012 04:15:24 PM DEED DOC 36,000.00 SURTAX 27,000.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This instrument prepared by: Thomas C. Cobb, Esq. P.O. Box 763 Fairfield, FL 32634 When recorded return to: Bryan Hawks, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131-3456 Folio Nos. 01-3124-024-1360, 01-3124-024-1370, 01-3124-024- 1380, 01-3124-024-1390, 01-3124-024-1400, 01-3124-024-1410, 01- 3124-024-1420 WARRANTY DEED This Warranty Deed made as of the / 7 day of January, 2012, by DESIGN DISTRICT 40TH AND 41 ST STREET, LLC, a Florida limited liability company ("Grantor"), having its address at 3470 North Miami Avenue, Upper Suite, Miami, FL 33127 in favor of SWEET VIRGINIA ACQUISITIONS, LLC, a Delaware limited liability company ("Grantee"), having its address at 3841 NE 2"d Avenue, Suite 400, Miami, FL 33137. WITNESSETH, that Grantor, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by Grantee and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains and sells to the said Grantee and to Grantee's heirs and assigns, in fee simple forever the real property described as follows (the "Land"): Lots 4, 5, 6, 7 and 8, Block 9, of Biltmore, according to the Plat thereof, as recorded in Plat Book 6, page 67 of the Public Records of Miami -Dade County, Florida ("Parcel 1"); and Lots 1,2 and 3, Block 9, of Biltmore, according to the Plat thereof, as recorded in Plat Book 6, page 67 of the Public Records of Miami -Dade County, Florida ("Parcel 2"); SUBJECT TO: 1. Real property taxes for the year 2012 and subsequent years. SV One Warranty Deed .003 2. Matters set forth in the Plat of Biltmore, as recorded in Plat Book 6, Page 67 of the Public Records of Miami -Dade County, Florida. 3. Covenants running with the land, none of which is reimposed by this deed, set forth in Section 15 of the unrecorded Settlement Agreement between (i) Luis Penelas and Jane Herrera, individually and as representatives of the Buena Vista East Historic Neighborhood Association, with a mailing address of 133 NE 47th Street, Miami, FL 33137, and (ii) Urbana Development LLC, a Delaware limited liability company with a business address of 35 NE 40th Street, Miami, FL 33137, Aria Lofts, a Florida limited liability company, with a business address of 35 NE 40th Street, Miami, FL 33137, and Jeff Morr, an individual residing in Miami -Dade County, Florida; as amended by undated letter agreement addressed to Mr. William Boehringer, Cube Miami, LLC and Aria Miami, LLC, executed on behalf of Buena Vista East Historic Neighborhood. 4. Declaration of Restrictive Covenants in lieu of Unity of Title, filed February 4, 2005, in Official Records Book 23058, at page 904, as affected by Corrective Declaration of Restrictive Covenants in Lieu of Unity of Title, filed March 9, 2005 in Official Records Book 23151, at page 4658, all in the public records of Miami -Dade County, Florida (affects Parcel 1 only). 5. Declaration of Restrictive Covenants filed March 9, 2005, in Official Records Book 23151, at page 4667, in the public records of Miami -Dade County, Florida (affects Parcel 1 only). TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. AND EXCEPT AS SET FORTH ABOVE, GRANTOR does hereby fully warrant the title to said land, and will defend the same against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has executed this instrument. Signed, sealed and delivered In the presence of: SV One Warranty Deed .003 DESIGN DISTRICT 40TH AND 41ST STREET, LLC, a Florida limited liability company Asaf Cymbal Manager STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 1 2 day of January, 2012 by Asaf Cymbal, as Manager of DESIGN DISTRICT 40TH AND 41ST STREET, LLC, a Florida limited liability company, on behalf of that company. He is _ personally known to me or ; produced a rlar+'cL'_ driver's license as proof of his identity. o'' PUBIi S. CORDOVES c MY COMMISSION f EE 129808 tC:.? ' n 9 E October Notaf 25wan of Bonded Thru Budget SV One Warranty Deed .003 ;.Q�vwo NOTARY PUBLIC, State of Florida My Commission Expires: (SEAL) CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653. and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: HC)ME ADDRESS: (First Name) (Middle) (Last Name) (Address Line I) (Address Line 2) CITY: STATE: Florida ZIP: HOME PHONE: CEi.I, PHONE: FAX: EMAIL: BUSSINESS or APPLICANT or ENTITY NAME Lovely Rita Acquisitions, LLC; Sweet Virginia Acquisitions, LLC BUSINESS ADDRESS: 3841 NE 2nd Avenue, #400 (Address Line 1) Miami, FL 33137 (Address Line 2) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES ®NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or committed. Name Address a. N/A or entities to whom consideration has been provided Phunetl b. c. * Additional names can be placed on a separate page attbed to this fonts. 4. Please describe the nature of the consideration, N/A S. Describe what is being requested in exchange for the eonsideration. N/A ACK NOW LE DC FM[:N'T OF COM1'LI.\NCI: 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 k,11 �ti � �C4iJSCt_OSURl::.... **. 5igtta tare ` da*rk RFs ',' `r. ;,�tSSSIOV .,s % Steven Gretenstein 8' ��, _� : 4. ,, cn ; = Si .: #FF017144 ''• • } � Q o� t•iW�t ks{9a4�;CP�tc\r'/rtrc' meally t:/cIl' o/ r/* • t//��,,,,,� O�tc' atrolet/ •c•t/ Mort, tart / 1' rJy. ^.L'lV �/p"iinglili1 i�" ,o identi/it`Gniun rule/ ur i.v er.+rOht//r STATE of I'l t )itli)A CITY OF MIA NilS.1)R-1)11%;:Y._.' ""5rint Name _...__ , -'U The /nrc nit7t; .�. Q 1 s / a /a,t,v /at ?(/Newt/ 4�'+t✓� knoll me a,tatf/ tt/HI t/it/,h,l nw take <in ,trah MY CC){vie SSI(1N!!`` n , i l:Xl'1RES: . ,t• 11 i1 ... �\��`�-Pnnt N ry � arse t'.nclosu reN F3tn.No.;s65a3 n n /1 Page 2 ** Lovely Rita Acq by MDDA Sweet its Manager 6y: are Limited Liability Company, a Delaware Limited Liability Company, veiki P4301.)ciu{ Sweet Virginia Acquisiflon by MDDA Phase III Hcdi 4........___ its Sole Member, • Ai Gumned Liability y� • Design Dis LLC, a D laware iced Liability imited Liability C ny, ociates Manager LLC, a Delaware SEVEN G4E1CAS [CIA , Vic.€ P SiDEeuf-