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HomeMy WebLinkAboutPZAB 06-04-14 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 06-02072ac1 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 ALLEY LOCATED BETWEEN NORTHEAST MIAMI PLACE AND NORTHEAST 1ST AVENUE FROM NORTHEAST 16TH STREET TO APPROXIMATELY 230 FEET NORTH OF NORTHEAST 16TH STREET, MIAMI, FLORIDA. Approximately Between NE Miami Place and NE 1st Avenue from NE 16th Street to approximately 230 Feet North of NE 16th Street [Commissioner Marc David Sarnoff - District 2] Ben Fernandez, Esquire, on behalf of NR MaxMiami, LLC 200 S Biscayne Boulevard #850 Miami, FL 33131 (305) 374-5300 This will unify the south end of the block to enable a residential development. A public access easement will be provided at the closed end of the alley to provide continuity to the remaining portion of the alley. Recommended approval. Recommended approval. Recommended approval on April 3, 2014 by a vote of 5 in favor, 0 in denial and 1. Planning, Zoning and Appeals Board: June 4, 2014 iami and Zoning Department velopment Section File ID#:06-02072ac1 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 an alley Location: ALONG THE NORTH SODE OF NE 16TH STREET BETWEEN N MIAMI PLACE AND NE 1ST, MIAMI, FLORIDA Net District: Wynwood / Edgewater Folio #: N/A Square footage: N/A Current Zoning Designation: N/A FINDINGS AND COMMENTS: 1. The alley is not paved and is not used by the general public or adjacent property owners. The closure of the alley will improve security for pedestrians. The proposed development of the property includes a residential building with internal loading. 2. The proposed development was approved with conditions by Planning Advisory Board on May 2, 2007 (File ID# 06-02072mu), and still active thru previously granted administrative extensions per Section 7.1.3.5.d.4 of Miami 21 Code. 3. The alley is not used by the general public, emergency or service vehicles or personnel. 4. There will be no adverse effect on providing emergency services to the neighborhood or the proposed development of the site. 5. The alley is currently not a part of the neighborhood vehicular or pedestrian circulation network. 6. The Plat and Street Committee members voted to recommend 5 in favor, 0 in denial and 1 no objection of this alley closure. 7. This alley closure was previously approved by City Commission File Number: 06- 02072ac. Based on the above findings, the Planning and Zoning Department recommends Approval of the request. K. Cooper Page 1 of 1 05/16/2014 NE=17TH TER MIAMI 21 MAP NE 17TH ST T6�24�-0 —a w --� — �_-- — w --r- 0 125 250 NE 16TH ST NE 15TH ST \ 500 Feet 1 I I 1 1 1 1 1 1 NE 2ND AVE NE 18TH ST 411 T •NE•17TH•TER- i NE 17TH ST NE16TH ST9�" NE 15TH TER mpt NE 15TH ST M1 OMNI CRA: Performing Arts District \ \\ \\\.\\ .:, Address: 06-02072ac1 N. Side of NE 16 ST between NE Miami PI and NE 1 Av 0 125 250 500 Feet 1 I I 1 1 1 1 1 1 NE17THST a t��` 9 t Iob'e, GeoEye., i-cub �d, USDA USG'S AEX; ogrid, IG:N+I'GaF.!swisstopo, and the GIS User Address: 06-02072ac1 N. Side of NE 16 ST between NE Miami PI and NE 1 Av ■ BGRCOW RADELL & FERNAN DEZ ZONING, LANW USE ANC ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernandez@BRZoninglaw.com VIA HAND DELIVERY April 29, 2014 Mr. Anel Rodriguez City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 RE: Alley Closure Application - NR Max Miami 1603, 1611, 1615, 1621, 1631 NE Miami Place 1604, 1622, 1630 NE 1st Avenue Dear Mr. Rodriguez: This law firm represents NR MaxMiami, LLC, the property owner (the "Applicant") in relation to the enclosed application for an alley closure. This letter shall serve as the Applicant's initial letter of intent. The alley in question is approximately 2,298 square feet and is located between NE Miami Place and NE 1st Avenue, and between NE 16th Street and NE 17th Street. The property is part of the larger property approved for the Max Miami Major Use Special Permit. One of the conditions of the MUSP approval is that the alley must be closed by plat prior to building permit. On April 11, 2014, the Tentative Plat that is enclosed with this application, was approved by the City of Miami Plat and Street Committee. In addition, the Committee voted unanimously to recommend approval of the alley closure to the City Commission, based on the requirements for alley closure described in Section 55-15 of the City of Miami Code. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Mr. Anel Rodriguez April 29, 2014 Page 2 In considering the factors required by the Code for the alley closure, the Plat and Street Committee recognized that the alley: is not presently in use; does not serve emergency vehicles; has no potential value as a pedestrian corridor; and, provides no public benefit. Based on the forgoing reasons, we request your favorable review and recommendation of this alley closure application. Please contact me directly should you have any questions. BF/bl Enclosures Srel ..-- l'"/As-----i Ben Fernandez BERCOW RADELL & FERNAN DEZ ZONING. LAN ID USE Ant ID ENVIRONMENTAL LAW Cite of April 11, 2014 NR MaxMiami LLC 1111 Park Centre Boulevard Suite 450 Miami, FL 33169 DANIEL J. ALFONSO City Manager NR TENTATIVE PLAT #1825 — A (FIRST RESUBMITTAL) LOCATED ALONG THE NORTH SIDE OF NE 16 STREET, BETWEEN NE MIAMI PLACE AND NE 1 AVENUE. Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of April 3, 2014 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. Show limit of plat on all sides. 2. The legal description must not include the alley as part of the applicant's ownership. 3. Review the Legal Description on the sketch and opinion of title. Correct name of PB. A, PG 49 1/2. 4. Correct name of PB. A, PG. 49 % on the adjacent blocks and legal description on the tentative plat. 5. Clarify label for base building line at SE portion of proposed Tract A. 6. Add curve data abbreviations to legend. 7. Provide a tie to the nearest section corner, and provide a Certified Corner Record. 8. Show all zoning designations surrounding the tentative plat site. 9. Show the existing storm sewer information including inverts, diameter, material, and direction of pipes, as applicable. 10. 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. 11. The planning, Zoning and Appeals Board will require a sketch and legal description with a square footage, on an 8 '/2 x 11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. 12. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. 13. Verify with Miami -Dade County that the proposed plat name is acceptable. 14. All encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal. 15. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. DEPARTMENT OF PUBLIC WORKS 444 SW 2^d Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 16. 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. 17. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 18. 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 fmal plat package. 19. Be advised that if all requirements for scheduling the fmal plat for City Commission action are not in order, the fmal plat will not be scheduled for a City Commission meeting. 20. Remove the Plat Information Table from the location map. 21. Existing utilities within the alley to be closed and vacated must be relocated or easements provided. 22. The Plat and Street Committee has reviewed the tentative plat of NR MaxMiami 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, 0 in denial and 1 no objection 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 fmal 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. DEPARTMENT OF PUBLIC WORKS 411 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 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 l4- NI/LI/jd al iv Enclosure: Contact Sheet c: Frontin, Leavy, Skiles, Inc. 180 NE 168th Street North Miami Beach, FL 33162 Plat and Street Committee Members Nzeribe Ihekwaba, Ph.D., P.E., Director of Public Works Survey Development and Roadway Plans Central DEPARTMENT OF PUBLIC WORKS 444 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 VACATION AND CLOSURE aePucnnoN PLANNING AND ZONING DEPARTMENT, HEARING BOARMIERTIqkpl II : 58 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearinq boards (e / 6 ) + L 1P-0, 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 (81/2x11") 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. 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): Ben Fernandez on behalf of NR MaxMiami, LLC 2. Description of area: The alley between 1603 NE Miami Place (01-3136-008-0030), 1611 NE Miami Place (01-3136-008-0020), 1615 NE Miami Place (01-3136-008-0010), 1621 NE Miami Place (01-3136- 005-0370), 1631 NE Miami Place (01-3136-005-0360) and 1604 NE 1st Avenue (01-3136-005-0390), 1622 NE 1st Avenue (01-3136-005-0380), 1630 NE 1st Avenue (01-3136-005-0350). 3. Copies of the Tentative Plat: One (1) 24x36" and one (1) 8'/2x11" 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'hx11" 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'/zx11" sketch of survey in #3 above can be labeled, "Exhibit A". 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. The subject property(ies) cannot have any open code enforcement/lien violations. 16. What is the acreage of the project/property site? 2,298 square feet (±0.053 acres) Rev. 07-2013 2 VACATION AND CLOSURE APPLICATION 17. What is the purpose of this application/nature of proposed use? MUSP for Max Miami project 18. 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. 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 of the presentation in front of the: I] Planning, Zoning and Appeals Board %/2 hour and/or 0 City Commission 1/2 hour 21. Cost of processing according to Section 62-22 of the Miami City Code*: Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way $ 2.00 Minimum $ 3,000.00 Maximum (Re -submittals) $ 4,000.00 b. Advertising $ 1,500.00 c. Mail notice fee per notice $ 4.50 d. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000. 00 all be pad In jthe form of a certified check, cashier's check, or money order. 1 Signature Name Telephone 305-377-6235 Ben Fernandez Address 200South Biscayne Blvd., # 850 Miami, FL 33131 E-mail BFernandez(a BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 214- day of April 2014, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature �4pir ° ,. ,�� CRISTINA DIANA GONZALEZ •; i*i MY COMMISSION #FF083128 ; EXPIRES March 23, 2018 orM•„ (407) 390.0103 FlorldallotaryServlce,com Rev. 07-2013 3 VACATION AND CLOSURE APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, CI 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. Ben Fernandez Applicant(s) Name Apf}licant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this .21 - day of April, 2014, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. 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) CRISTINA DIANA GONZALEZ `" rt MY COMMISSION #FF083128 EXPIRES March 23, 2018 (407) 398-0153 FlorldallotaryService.com 11 Signature Rev. 07-2013 4 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) Percentage of Ownership Subject Property Address(es) NR MaxMiami, LLC Zvi( Shoshar (too %) The alley between 1603 NE Miami Place (01-3136-008- 0030), 1611 NE Miami Place (01-3136-008-0020), 1615 NE Miami Place (01-3136-008-0010), 1621 NE Miami Place (01-3136-005-0370), 1631 NE Miami Place (01- 3136-005-0360) and 1604 NE 1st Avenue (01-3136-005- 0390), 1622 NE 1st Avenue (01-3136-005-0380), 1630 NE 1st Avenue (01-3136-005-0350) 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): N/A N/A Legal Description(s): N/A N/A N/A N/A Ben Fernandez Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Owner(s) or Attorney Sign- ure The foregoing was acknowledged before me this 21-.day of April, 2014, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. 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) :==off" "!,: CRISTINA DIANA GONZALEZ • *_ a ;;� MY COMMISSION #FF083128 >'+ FVa�` EXPIRES March 23, 2018 '... OF �••r (407) 398-0153 Florldallota Servloe,com Signature Rcv. 07-2013 5 Exhibit A Alley Legal A 10-foot alley lying adjacent to Lots 5, 6, 7, 8, 9 and 12, Block 8, of ROBBINS GRAHAM AND CHILLINGWORTH SUBDIVISION, according to the Plat thereof as recorded in Plat Book A, Page 49 '/2 and adjacent to Lots 1, 2 and 3, Block A, T. W. PALMER'S RESUBDIVISION, according to the Plat thereof as recorded in Plat Book 4, Page 60, both of the Public Records of Miami -Dade County, Florida, all being more particularly described as follows: Begin at the Northwest corner of said Lot 5, Block 8; thence South 00°39'54" West along the West line of said Lots 5, 8, 9 and 12 for 229.85 feet; thence South 89°59'32" West along a line 35.00 feet North of and parallel with the center line of N.E. 16th Street as shown on said Plat Book "A" at Pages 49 '/2 and Plat Book 4 at Page 60 for 10.00 feet; thence North 00°39'54" East along the East line of said Lots 1, 2 and 3, Block A, and the East line of said Lots 6 and 7, Block 8, for 229.85 feet; thence North 89°59'51" East along the Easterly extension of the Northerly line of said Lot 6, Block 8 for 10.00 feet to the Point of Beginning. VACATION AND CLOSURE CPLI_CATION PLANNING DEPAR [ MEN F I4MAY16 PM2:18 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) NR MaxMiami, LLC Percentage of Ownership Subject Property Address(es) See attached Exhibit B The alley between 1603 NE Miami Place (01-3136-008- 0030), 1611 NE Miami Place (01-3136-008-0020), 1615 NE Miami Place (01-3136-008-0010), 1621 NE Miami Place (01-3136-005-0370), 1631 NE Miami Place (01- 3136-005-0360) and 1604 NE 1st Avenue (01-3136-005- 0390), 1622 NE 1st Avenue (01-3136-005-0380), 1630 NE 1st Avenue (01-3136-005-0350) 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): N/A N/A Legal Description(s): N/A N/A N/A N/A Ben Fernandez Owner(s) or Attorney Name Ow -r(s) or Attorney ' ignatu STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this tday of A15111, 14, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is perso • me or who has produced as identification and who did (did not) take an (Stamp) BETTY LLERENA Notary Public - State o1 Florida My Comm. Expires Mar 5,2018 Commission # FF 078662 Rev. 07-2013 5 Exhibit B NR MAXMIAMI LLC SNRI MAXMIAMI LLC 4.89% Shponder, Shay 40% Shoshani, Nir 20% Gottesmann, Ron 20% Englander, Avraham Itzhak 20% AFTER HOURS INVESTMENTS 1.92% LLC Tawil, Andres Moises 100% KIA INVESTMENTS LLC 1.37% Tawil, Andres Moises 100% SHUFFLE INVESTMENTS LLC 1.37% Sassoon, Victor Javier 100% TAHO INVESTMENTS LLC 1.37% Avital, Itay 100% 1622 FIRST AVENUE LLC 5.67% Levin, Dora 100% AMO MIAMI INVESTMENTS LLC 2.93% Omsky, AIan 100% NOBRICK INVESTMENTS LLC 1.96% Bensadon, David 100% NR INVESTMENTS 4 LLC 3.52% Shoshani, Nir 50% Gottesmann, Ron 50% NR INVESTMENTS 10 LLC 75.00% Shoshani, Nir 50% Gottesmann, Ron 50% EXHIBIT "A" LEGAL DESCRIPTION: A 10—foot alley lying adjacent to Lots 5, 6, 7, 8, 9 and 12, Block 8, of ROBBINS GRAHAM AND CHILLINGWORTH SUBDIVISION, according to the Plat thereof as recorded in Plat Book A, Page 49 ih and adjacent to Lots 1, 2 and 3, Block A, T. W. PALMER'S RESUBDIVISION, according to the Plat thereof as recorded in Plat Book 4, Page 60, both of the Public Records of Miami —Dade County, Florida, all being more particularly described as follows: Begin at the Northwest corner of said Lot 5, Block 8; thence South 00°39'54" West along the West line of said Lots 5, 8, 9 and 12 for 229.85 feet; thence South 89°59'32" West along a line 35.00 feet North of and parallel with the center line of N.E. 16th Street as shown on said Plat Book "A" at Pages 49 1,6 and Plat Book 4 at Page 60 for 10.00 feet; thence North 00°39'54" East along the East line of said Lots 1, 2 and 3, Block A, and the East line of said Lots 6 and 7, Block 8, for 229.85 feet; thence North 89'59'51 " East along the Easterly extension of the Northerly line of said Lot 6, Block 8 for 10.00 feet to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 36, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — All documents are recorded in the Public Records of Miami —Dade County, Florida, unless otherwise noted. — Lands shown hereon were NOT abstracted for restrictions, easements and/or rights —of —way of — Bearings hereon are referred to an assumed value of S00'39'43"W for the Monument Line of N.E. 16th Street. — Lands shown hereon containing 2,298 square feet, or 0.053 acres, more or less. Dimensions shown hereon are based on Fortin, Leavy, Skiles, Sketch No. 2013-158-1. SURVEYOR'S CERTIFICATION: records. I hereby certify that this "Sketch of Description" was made under my responsible charge on February 15, 2014, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida LicensedSurveyorand Mapper" FORTIN, LEAV-Y, FILES, INC., LB3653 I Daniel C. Fortin, FeF The Firm Surveyor and Mapper, LS2853 State of Florida. 10' PUBLIC ALLEY (TO BE VACATED) Drawn By GEM Cad. No. 131262 Ref Dwg. 2013-158-1 Plotted: 2/15/14 1:36p LEGAL, NOTES & CERTIFICATION F ORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street / North Miami Beach, Florida 33162 Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 2/15/14 Scale NONE Job. No. 131262 Dwg. Na 1013-125 Sheet 1 of 3 EXHIBIT "A" MIAMI AVENUE 2 cc 0 Z N.E. 17th TERRACE © 13 1 2 3 ❑5 4 5 6 7 D MIAMI COURT 07 TRACT 'A" 10'PUBLICALLEY TRACT "A' El N.E. 17th STEET 7 N.E. 16th STREET 2 1 N.E. 0 aW 0 2 2 �� 1 15th STREET W Z 1st AVENUE ui Z 2 3 6 7 (7� TRACT "A" 1st COURT W Z TRACT "A" D j PLAT INFORMATION TABLE --- BLOCK 8 = ROBBINS-GRAHAM & CHILLINGSWORTH PLAT BOOK A, PAGE 491/2 BLOCK A = T.W. PALMER'S RESUBDIVISION PLAT BOOK 4, PAGE 60 ❑3 BLOCK B T.W. PALMER'S RESUBDIVISION PLAT BOOK 4, PAGE 60 BLOCK 7 = ROBBINS-GRAHAM & CHILLINGSWORTH PLAT BOOK A, PAGE 491/2 BLOCK C T.W. PALMER'S RESUBDIVISION PLAT BOOK 4, PAGE 60 BLOCK 5 = ROBBINS-GRAHAM & CHILLINGSWORTH PLAT BOOK A, PAGE 491/2 PARC LOFTS PLAT BOOK 163, PAGE 33 FLORENCE PLAT PLAT BOOK 168, PAGE 36 ❑9 = BLOCK 9 ROBBINS-GRAHAM & CHILLINGSWORTH PLAT BOOK A, PAGE 491/2 LINDSEY HOPKINS EDUCATIONAL 1 Q = CENTER NORTH PARKING LOT PLAT BOOK 93, PAGE 90 11 = SCHOOL BOARD PARKING PLAT BOOK 165, PAGE 38 BLOCK 13 12 = ROBBINS-GRAHAM & CHILLINGSWORTH PLAT BOOK A, PAGE 491/2 13 BLOCK E = T.W. PALMER'S RESUBDIVISION PLAT BOOK 4, PAGE 60 14 BLOCK 15 = ROBBINS-GRAHAM & CHILLINGSWORTH PLAT BOOK A, PAGE 491/2 LOCATION SKETCH A PORTION OF SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA SCALE: 1" = 300' 10' PUBLIC ALLEY (TO BE VACATED) 'Drawn By GEM Cad. No. 131262 Ref Dwg. 2013-158-1 LOCATION SKETCH FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street / North Miami Beach, Florida 33162 Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 2/15/14 Scale 1" = 300' Job. No. 131262 Dwg. No. 1013-125 Sheet 2 of 3 EXHIBIT "A" O Urp w cocoa ULIJ = tagca wm as 0 v 0 J N 0 J 0 J c 0 J ; 0 25' 25' PER /{B. "A", ca Pg. "9 1/2 & A` HOWN I g i Y ON I OF I J�Q MIAMI ATLAS 100 Cm.7 SIk ET '- No 23H a 0_ 50[ R/w 1 3 LOT 3 W Z N90°00'00"W 259.97' (260' PLAT) (259.95' CITY) M (100' PLAT) aI LOT215 M1 MONUMENT LINE OF ( IN FEET ) N.E. 17th STREETBUOC(8ch = 60 ft. F ROBBINS-GRAHAM I CF ILLINGSWORTH SUB. `N' I LOT 3 PLAT BOOK "A" PAGE 49 1/2 LOT 4 'EASTERLY EXTENSION OF I I rPOINT OF BEGINNING (100' PLAT)er _ GRAPHIC SCALE 30 60 120 LOT 1 MONUMENT LINE OF NE 16th STREET LOT 1 - BLOCK "E"� T.W. PALMER'S RESUBDIVISIONI PLAT BOOK 4, PAGE 60 'THE NORTHERLY LINE OF Z °- I LOT 6, BLOCK 8 J : a � w - 1 co PER P.B. "A", w W 1 Y Pg. 49 1/2 O Z O �J I of LOT 6 QaI aW31 0 `�ez I (7)LOT 7 Q a[ za w. za o F)o >c0 ow LOT 2 n O 0 J < 0 N W _Z J cn 1- co O W 0 U n0 O Z m Z Q J Y � 0 w m co 0) 0 0 z SOUTH LINE OF LOT 3, BLOCK A (100 PLAT) Q '0 Ea rn�Ov'N�M ci a.� (.1)Z wrn OQ mum Q J 0 c') En 00 0) N GV I N.W. CORNER OF LOT 5, BLOCK 8m x Cr ON U'w Z 0U¢ m Y N89°59'51 "E 10'o- -J J 0 10.00' LOT 5 LOT 8 O• LO W ZO ) J < co ° 1 CDW LOT 9 cci S89°59'32"W 10.00' LOT 12 SOUTH LINE OF BLOCK 8, P.B. "A",I ▪ • II PG. 49 1/2 7.01 I J (100' PLAT)j 260.01' (260' PLAT) (259.94' CITY) a a coco O co Lo N- o) 00 sr co 0) co O O z 6 S SHO CITY(p ATLAS No. N.E. 17th STREET (M PUBLICTRIGHT-PER F WY) PLAT) N ON MIAMI HEET 3H 5' R/W WN ON ATL. o. 23H Qm oCF- Och a Fci m cc 7 - 0 AS SH ".0. C.O. O w I SHT. W 0 co Z o 25' .�v WU)O, �Ii1mI PER P. 49 1 SHOWN ATL. S N m� o 0 CD W 0 25' A'', & AS N C.O.M. T. No. 23H m LJ W W O Z z 0 cc -J ~ 0 - 0-10 W I—a0, W azw Z Z C.)20 10'-Jj aWaa zLJJ Q I-- co z o a Y 6 8 z "-a 0Zm 00 Lei = 5 �w Z COZd Z 0 J CENTER LINE OF NE 16th STREET LOT 2 BLbC13 LOT 1 ROBBINS-GRAHAM 8tCHIILLINGSWORTH SUB. PLAT BOOK I A",1 PAGE 491/2 N.E. 16th STREET (PARROTT STREET - PER PLAT) (PUBLIC RIGHT-OF-WAY) / TR. "A" - P.B.165, PG. 38 10' PUBLIC ALLEY (TO BE VACATED) Drawn By GEM Cad. No. 131262 Ref. Dwg. 2013-158-1 Plotted: 2/15/14 1:36p SKETCH OF DESCRIPTION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street / North Miami Beach, Florida 33162 Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 2/15/14 Scale 1" = 60' Job. No. 131262 Dwg. Na 1013-125 Sheet 3 of 3 OPINION OF TITLE To: City of Miami With the understanding that this Opinion of Title is furnished to Miami -Dade County, as inducement for closure of an alley way which abots the real property, hereinafter described, it is hereby certified that that I have examined Owner's Title Insurance Policy Number 5011412- 0153435e issued by First American Title Insurance Company, covering the period from the beginning through and including December 09, 2013 at 11:00:05am., and Ownership and Encumbrance Report covering the period from December 09, 2013 through and including April 16, 2014 at 8:00 A.M., inclusive, of the following described property: The Land referred to herein below is situated in the County of Miami -Dade County, State of FL, and described as follows: Lots 5,6,7,8,9 and 12, Block 8, of ROBBINS GRAHAN AND CHILLINGWORTH SUBDIVISION, according to the Plat thereof, as recorded in Plat Book A, Page 491/z, of the Public Records of Miami -Dade County, Florida, LESS the East 10 feet of Lot 5; LESS the East 10 feet of Lot 8, and LESS the South 5 feet of Lot 12. TOGETHER WITH: Lots 1, 2 and 3, Block A, T.W. PALMER'S RESUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 60, of the Public Records of Miami -Dade County, Florida, LESS the South 10 feet of Lot 3. I AM OF THE OPINION THAT, on the last mentioned date, the fee simple title to the above - described real property was vested in: NR MaxMiami LLC, a Florida limited liability company I AM FURTHER OF THE OPINION THAT, NR MaxMiami LLC, a Florida limited liability company is the owner of the only properties surrounding the alley on all sides, and therefore is the owner of all reversionary interests related to the Property. Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: A. Mortgage recorded 12/9/2013 in Official Records Book 28942, Page 1660, Public Records of Miami -Dade County, Florida together with Assignment of Rents and recorded in Official Records Book 28942 at Page 1693 of the Public Records of Miami -Dade County, Florida, and UCC Financing Statement recorded in Official Records Book 28942, Page 1700, Public Records of Miami -Dade County, Florida. Opinion of Title Page 2 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: NONE. 3. STANDARD EXCEPTIONS: A. Any rights, interests, or claims of parties in possession of the land not shown by the public records. B. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land. C. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously under water. D. Taxes or special assessments not shown as liens in the public records of in the records of the local tax collecting authority, at Date of Policy. E. Any minerals or mineral rights leased, granted or retained by current or prior owners. 4. SPECIAL EXCEPTIONS: A. Taxes and assessments for the year 2014 and subsequent years, which are not yet due and payable. B. Rights of tenants in possession under unrecorded leases. I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Therefore, it is my opinion that the following party(ies) must join in the agreement in order to make the agreement a valid and binding covenant on the lands described herein. Name Interest Special Exception Number NR Max Miami, LLC Owner a Florida limited liability company 4A and 4B The following is a description of the aforementioned abstract and its continuations: Number Company Certifying No. of Entries Period Covered Owner;s Title Insurance First American Title N/A beginning-12-09-13 Policy Insurance Company Ownership and Encumbrance AAA Title Abstracting LLC 12-09-13-04-16-14 Report Opinion of Title Page 3 1 HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable agreement. 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 2day of April, 2014. Thomas G. She THOMAS G. SHERMA-N, PA. 90 ALMERIA AVENUE CORAL GABLES, FL33134 PHONE : (305) 448-5898 FAX: (305) 445-4454 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of April, 2014 by Thom. _ . Esq. of the law offices of THOMAS G. SHERMAN, P.A. who is or has produced , as identification. My Commission Expires: RAOUL D. GARCIA MY COMMISSION #EE143329 EXPIRES: JAN 02, 2016 Bonded through 1st State Insurance Print Name l• r 0 0 O m; lr raT -2 +A. m mammw >M -pea Fun hooN ons N.E. 17th STREET b lib 1r 1r 3E �LOTs BLOCK8 LOT4 ROBBINS-GRAHAM&CH NGSWORTH SUS.NT PL rtioHt R VACAAT B00KA P 48 12 DGfufmluN LOT s®O%e ,Reei„y+3i VACANT NOT A PART UST T6 NOT A PART LOT 1 BLOCK A T.W. PAUUAERS RESUBDIVISION RAT BOOK4 PAGE 88 nor opAZI.74'3.7 coR°gR (1ISOFFB9o5451•E Lb 5111.13) 0 N� emve LOTS NOT A PART VACANT (N0 BUILDINGS) 030e60136,116fffaumAw0) nirs"E131 NOT AT _ ErMI OD.-xtivNDE IsPIM CU 5 POET .� _ N.3 S _ we .08 ". nerTe 'ef '°� i ' LOT i N"RAmm. uNe d e n nay f meees N.E. 16th STREET LPARBOR t(PRO7T-PERRAT) � zwaw (Pueude TurroFwwY1 i � tbm s,RFer � ,3 LOT 2-BLOCK IS ROBNNSGBANAM A c1IImGSWORM SUB. RAT BOOK •A•, PAGE 4912 LOT 1- BLOCK 13 ROBNNSGRARAM f CH8UNGSW(MTH SUB. PLAT BOOK•A•, PAGE 4812 /TRACT eAe j SCHOOL BOARD / PARKNG 1 PAL 185, PG.38 DBAPE%C SCALE P numld ! LEGEND =1- tuxnmm, 0 J KNOW WHATS BELOW ALWAYS CALL B11 • BItFORB YOU DIG SAHA Valor nib IPA Nmss011141 BtlFlNmm LEGAL DESCRIPTION: men wwric rx,'sa emba4A �z aged 4 71 'Trims oOrF avma. A . Pao. m. orm. Pwua Arco.n w.eo -0. LA*. pa.ormom md.b1/ .we, oe Ark.a Aram n OP HrtArAorrdmss n need Len s. Mo. a bxnos sauu GOWN' w.. Diane n 0. lo .. tz m zanas tart v. suu ssv'sz- wen x,w ran wen ..n Pend abb me am. ess . p tam :anet n Pw+wmlKnowl m Plat Moms n mad m M 1o.m feeL BbceA nea e. Im�e a uem tsse t.tonn rp moan ban n.m �rnnmy �� er w ob.b vm n .aed tat 6 abce a roe Adam e.n m ue P.me ..PmmP. NATmaw V rm- m vti. m- m-:. ®. ®-WSTAYS= LOCATION SKETCH APO RION OF SECTION 83, TOWNSUP538GUBi, BANGE41 EAST, GUYGF IONA ISAN-DADECOUNTKRdRGA scALer -ma SURVEYORS NOTES: - In Saban 34 Tomo. 53 sum, Renee at [bat mb n ell.., le.. -end. uwb. - PP daoumnts ere recorded In the Public Rm.W n mamFoo. fmm6 ricer. unless omen. no.. - Imae o..n Ineeen ..n nor abawm. ter ssnn.m m..,mm. ond/s nel.br-nev oe mew, — Rea,erae s ".am mrd..m m q an. n7 w.. tune Rnm madam (xo ln)w one (I1 roam r�e��(Os .Dale um ova her.a Zeno 0.6.enlo byw Fade. Emergence,- Lands em hereon are nmnlowro maP x. lxmao]IZL ten commmy xa tzopo. wu..I r_... Kamm mom n Ara. sssmnm i,, mae, ands ..une ro a. n .0 mama . mead e,a. nemm re pan .� m t4m4or ~• - w. map la intended . ea dap... me gap. some .son men.. > aenwn - a sd enA wen mdane ten nor. or w adman n TamPmm AAP, may nd m and. or - we.yaund Imameanenta and/or .*emend one* not wen unless atom. mmowt • Issol dd�eomnzeon Im;�a, bawd on wmnamn ,9... b, went and no claim. m SURVEYORS pmot we one u n..aoaem . sn...Y' .dw,'':* d 11;,;:p u. 00/231, ba pursue. to sneaen nznn. Reed; ` nda�. - ELEVATIONS SHOWN HEREON ARE RBATIVETOTHE UNMAKE' DATUM 1 Lem 163213 GEM 2'1014655P P.. ua. ammo Pwa 1a1 lab. Ma 153 Prepared by and ream to: Linda Worton Jackson, Esq.. Salazar Jackson, LLP 20t Alhambra Circle, Suite 1205 Coral Gables, FL 33134 TRUSTEES' DEED CFN: 20130961995 BOOK 28942 PAGE 1657 DATE:12/09/2013 11:00:05 AM DEED DOC 43,800.00 SURTAX 32,850.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY THIS TRUSTEE'S DEED, made this 6th day of December, 2013 between Maria M. Yip, as Chapter 7 Trustee for the Chapter 7 bankruptcy estate of Prema, LLC in the United States Bankruptcy Court for the Southern District of Florida in Case No.: 13-2614b- BKC-A,IC, whose address is Two South Biscayne Boulevard, Suite 2690, Miami, Florida 33131 ("Grantor"), in favor of NR MaxMiami LLC (the "Grantee"), whose address is 1111 Park Centre Boulevard, Suite 450, Miami Gardens; .Florida 33169. WITNESSETH THAT: Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by said Grantee, and pursuant to that certain Order (I) Approving Agreement for Sale and Purchase of Real. Property; (II) Authorizing Sale of Real Property to Successful. Bidder Free and Clear of All Liens, Claims, Encumbrances, and Other Interests; and Granting Related Relief, .Pursuant to Agreement for Sale and Purchase of Real Property Between Maria M. Yip, as Chapter 7 Trustee, and Charleville Development Corporation dated August 15, 2013, as assigned to NR MaxMiami LLC, pursuant to Agreement to Assign Purchase Contract dated September 23, 2013. entered by the United States Bankruptcy Court For The Southern District of Florida (the "Bankruptcy Court") on October 21, 2013 in Case No.: 13-26146-BKC-AJC (the "Bankruptcy Case"), and the Order Granting Trustee's Expedited Motion (A) For Clarification of Order (I) Approving Agreement for Sale and Purchase of Real Property; (II:) Authorizing Sale of Real Property to Successful Bidder Free and Clear of All Liens, Claims, Encumbrances, and other Interests: and (III) Granting Related Relief (ECF 34); (B) Removing a Certain Restrictive Covenant; and (C) Valuing the Restrictive Covenant at Zero, entered by the Bankruptcy Court in the Bankruptcy Case on December 5, 2013, the receipt of which is acknowledged, does by these presents grant, bargain; sell, alien, remise, release, and confirm unto Grantee and its heirs, successors and assigns FOREVER, that certain parcel of land, situate, lying and being in the Miami -.Dade County, Florida, and more particularly described on the attached. EXHIBIT "A" (the "Property"). TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. Subject however, to: 1. Real property taxes and assessments for the year 2014 and subsequent years; 2. Zoning and other regulatory laws and ordinances affecting the Property; and 3. Easements, rights of way, limitations, conditions, covenants, restrictions, and other matters of record, reference to which shall not operate to re -impose same. TO HAVE AND TO HOLD the said Property unto Grantee and its heirs and assigns to the sole and only proper use, benefit and behalf of Grantee, its heirs and assigns, FOREVER, and 1 CFN: 20130961995 BOOK 28942 PAGE 1658 Grantor covenants and agrees to defend said Grantee from all claims arising by, through or under the Grantor, but against none other, WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: "GRANTOR" Maria M. Yip, as Chapter 7 Trustee for the Chapter 7 bankruptcy estate of Prema, LLC in the United States Bankruptcy Court for the Southern District of Florida in. Case No.: 13-261.46-BICC-A,IC P /1% i '" I -- Print Name: ham, z4.2..e�a 0 Print Nam . N iG.tal S W d-ei-� By: 4"' Vstee Mari M. Yip, as 1 and / not individually STATE OF FLORID.A COUNTY OF MIAM.I-DADE The foregoing instrument was acknowledged before me this 6`h day of December, 2013, by Maria M. Yip, as Chapter 7 Trustee for the Chapter 7 bankruptcy estate of Prema, LLC, in the United States Bankruptcy Court For. The Southern District of Florida in Case No.: 13-26146- BKC-AJC. She is personally known to me or has produced as identification, LUIS J. SOTOLONGO. e Notary Public • State of Florida My Comm. Expires Mar 21, 2017 Commlesion # FF-001099 Notary Public Print Name: 4u d -tj Serial No. (if an)): 2 CFN: 20130961995 BOOK 28942 PAGE 1659 EXHIBIT "A" Lots 5, 6, 7, 8, 9 and 12, Block 8, of ROBBINS GRAHAM AND CHILLINOWORTH SUBDIVISION, according to the Plat thereof, as recorded in Plat Book A, Page 49 1/2, of the Public Records of Miami -Dade County, Florida, LESS the East 10 feet of Lot 5; LESS the East 10 feet of Lot 8, and LESS the South 5 feet of Lot 12. TOGETHER WITH: Lots 1, 2 and 3, Block A, T.W. PALMER'S RESUBDIVISION, according to the Plat thereof, as (recorded in Plat Book 4, Page 60, of the Public Records of Miami -Dade County, Florida, LESS the South 10 feet of Lot 3. 1. 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: Ben Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 EMAIL: BFernandez@BRZoningLaw.com FAX: (305) 677-6222 BOSSINESS or APPLICANT or ENTITY NAME NR MaxMiami, LLC BUSINESS ADDRESS: 1111 Park Centre Boulevard, Suite 450 (Address Line 1) Miami, FL 33169 (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. Vacation of Right -of -Way and associated zoning, land use, and miscellaneous planning matters. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES ❑X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. Not Applicable. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. Not Applicable. 5. Describe what is being requested in exchange for the consideration. Not Applicable. ACKNOWLEDGEMENT I hereby acknowledge that it is unlawful to employ any device, Ordinance 12918 and such circumvention shall be deemed or civil penalties that may be imposed under the City Code, disclosure requirement was not fully and timely satisfied the 1. the application or order, as applicable, effect; and 2. no application from any person considered by the applicable ard(s) nullification of the applicati or or PERSON SUBMITTING DISCLOSURE: OF COMPLIANCE scheme or artifice to circumvent the disclosure requirements of a violation of the Ordinance; and that in addition to the criminal upon determination by the City Commission that the foregoing following may occur: shall be deemed void without further force or entity for the s e is ue shall be reviewed or ntil expiratio of a riod of one year after the r. —" Sig ature Ben Fernandez Print Name Sworn to and suhscribed before me this instrument was acknowledged before me by as identification and/or STATE OF FLORIDA CITY OF MIAMI ilL4Sli day of a � 1 `The foregoing , who has produced is personally known to me and who did/did not take an oath. MY COMMISSION EXPIRESr-03I8 rdy Notary IY11"J U er V U rL ` ''fir tiE TTY LIERENA Print Name 4+ 1. ndosure(s) !� ,: Notary Public • State o1 Florida , I My Comm. Expires Mar 5. 201$ Page 2 Doc. No.:86543 r ......:..ice. .. PP