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HomeMy WebLinkAboutApplication and Supporting DocsMITCHELL BIERMAN, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P,A. DAVID M. WOLPIN, P,A, DANIEL L. ABBOTT LILLIAN M. ARANGO IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN K. FERTEL CHAD S. FRIEDMAN ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ ROGER S. KOBERT JOSHUA D. KRUT MATTHEW H. MANDEL MATTHEW PEARL JOHN J, QUICK ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN ALISON F. SMITH ERIC L. STETTIN MARC SOLOMON LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L. VIA HAND DELIVERY ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-6ADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSIMILE 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763•4242 • FACSIMILE 954-764-7770 Mr. Francisco Garcia Planning Director City of Miami 444 SW 211a Avenue, 3ra Floor Miami, FL 33130 *OF COUNSEL **SENIOR COUNSEL March 13, 2015 Re: Re -Zoning and Comprehensive Plan Applications for 622 NE 80 Street; Application Nos. 14-000531u and 14-00053zc Dear. Mr. Garcia: MATEO ARIAS ELISA N. BRAMBLE SONJA C. DARBY DANIEL A. ESPINO BRADLEY A, FISHBURGER PAUL R. GOUGELMAN ERIC P. HOCKMAN SCOTT M. HYMAN KELLY RAINS JESSON KAREN LIEBERMAN* JUSTIN D. LUGER MIA R. MARTIN ALEIDA MARTINEZ MOLINA* EDWARD MARTOS TERENCE L, MCKINLEY* KATHRYN M. MEHAFFEY ROBERT A. MEYERS* GILBERTO PASTORIZA** MARC C, PUGLIESE* GAIL D. SEROTA* ANTHONY C. SOROKA EDUARDO M. SOTO* ALAN SWCHARTZSEID PABLO A, TAMAYO JOANNA G. THOMSON PETER D. WALDMAN* ALICIA H. WELCH SAMUEL I, ZESKIND As per the enclosed comment from Mr. Suarez -Rivas, we have revised the Declaration of Restrictions to remove the presumption of compliance clause. Enclosed please find an executed revised Declaration of Restrictions. Thank you for your attention to this matter. Please call me if you have any questions. Very truly yours, ony Recio TR/ms 2485001 Enclosures cc: Rafael Suarez -Rivas Troy Howard This instrument was prepared by and after recording return to: Name: Tony Recio, Esq. Address: Weiss Serota Helfman 2525 Ponce de Leon Blvd., Suite700 Coral Gables, Florida 33134 Tel. (305)854-0800 (Space reserved for Clerk) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned Owner holds the fee simple title to the land in Miami -Dade County, Florida, described in Exhibit "A," attached hereto, and hereinafter called the "Property," and IN ORDER TO ASSURE the City that the representations made by the Owner during consideration of a change of zoning from T5-R "Urban Center Zone" to T6-8-O "Urban Core Zone" for the Property will be abided by, the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: (1) Notwithstanding the T6-8-O zoning, the Owner will restrict the height under Miami 21 of the highest habitable floor to no more than 80 feet and will maintain all parking and mechanical equipment provided on the Property internal to the building(s) such that all parking spaces will be shielded from view of any rights -of -way; and (2) The Owner shall limit leasable commercial/office floor area (not including parking and. circulation) to no more than 16,500 square feet (the leasable floor area achievable under T5-O zoning equivalent to three floors of lot coverage). (3) The Owner agrees that it will not object to, or participate in any effort to open, the continued maintenance of the street closure barricades at the east end of NE 80t' Street or the south end of NE 7th Avenue; and (4) The Owner will use best efforts to work with the City of Miami and City of Miami Parking Authority to waive any costs associated with converting the swale and any on - street parking on NE 80t'' Street between Biscayne Boulevard and NE 7t' Avenue to a residential -only parking zone so that such parking is permitted at no cost for residents on NE 80t' Street between Biscayne Boulevard and NE 7t'' Avenue for 10 years from the date the change of zoning is adopted by the City Commission. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Declaration of Restrictions Page 2 Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, within thirty (30) days of acceptance by the City of Miami in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the benefit of Miami -Dade County and the public welfare. Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City of Miami. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of Miami. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City of Miami Commission, after public hearing, the cost of which shall be paid by the Owner. Any modification, amendment or release shall be in a form acceptable to the City Attorney. The Owner agrees not to seek a release or modification of this Covenant without the approval of the Shorecrest Homeowners Association for so long as the Association remains an active business entity in the State of Florida or 15 years from the date of adoption of the change of zoning by the City Commission, whichever occurs first. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of Miami Department of Planning and Zoning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Attorneys' fees may not be awarded against the City of Miami under this Section. Declaration of Restrictions Page 3 remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion Recording. This Declaration shall be filed of record in the public records of Miami - Dade County. The City of Miami shall be furnished a recorded copy within-30 days of recordation and the Owner must promptly furnish a certified copy of the recorded covenant to the City of Miami Planning Director at 444 SW 2" a Avenue, Miami, Florida 33130. Acceptance of Declaration. Acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, and the City Commissioners and/or any appropriate City Board retain its full power and authority to deny each such application in whole or in part and to decline to accept any conveyance. Owner. The term Owner shall include the Owner, and its heirs, successors and assigns. [Space intentionally left blank] Executed on this 1 I day of M44(/# , 2015. As to 622 NE 80th Street, Miami, FL 33138 (Folio No. 01-3207-0163-390) Declaration of Restrictions Page 4 Pier Real Estate II, LLC, a Florida limited liability company BY: WITNESSES: NAMEV.00 1 fi t,ti ADDRESS:), f ' `9 i%Ia✓a STATE OF FLORIDA COUNTY OF MIAMI-DADE Fabio Amadu, Managing Member BY: �✓ / Silvia Faccin, Managing Member NAME: Vr ADDRESS: 4', if / ,11 6C 7 . I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared Fabio Amadu, as a Managing Member of Pier Real Estate II, LLC, a Florida limited liability company, who is personally known to me or who has produced / S 3 as identification and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did not take an oath. WITNESS my hand and official seal this ( day of 416 ti , A.D., 2015. FLORIDA �',aYPu ARMANDO J A.LVAREZ :*i MY COMMISSION # 6E&i8076 7�t''.nrYw, ;• EXPIRES January 06, 2017 I407) 308-0133 Florlrlallotary3nrvlce,coin NOTARY PUBLIC, STATE OF Print Name: Commission No.: Commission Expires: Declaration of Restrictions Page 5 STATE OF FLORIDA COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared Silvia Faccin, as a Managing Member of Pier Real Estate II, LLC, a Florida limited liability company, who is personally known to me or who has produced r. 0 —a. Lo t,( —D as identification and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did not take an oath. WITNESS my hand and official seal this I I day of 14 , A.D., 2015. FLORIDA AR AND :Ln P: * " MY COMMISSION 1 $. • '::.4r..,7c 'MA% N" EXPIRES Oki, 2017 %,R1` i„ t yervlce•corif_\ ,1,40'f) 3 l',4)16 ..,., Flr ttlotary.' ,�,,2ot,, �.L.. NOTARY PUBLIC, STATE OF Print Name: Commission No.: Commission Expires: Declaration of Restrictions Page 6 APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney Irene Hegedus Zoning Administrator Francisco Garcia Director of Planning Declaration of Restrictions Page 7 Exhibit "A" Property Information Address: 622 NE 80th Street, Miami, FL 33138 Folio Number: 0132070163390 Legal Description: Lot 11, Block 18, SHORE CREST, according to the Plat thereof, as recorded in Plat Book 10, at Page 23, of the Public Records of Miami -Dade County, Florida. MITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL J. SURNSTEIN, P.A. JAMEE ALAN COLE. P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, RA, RICHARD JAY WEISS, P.A, DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D.OECARLO ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. SUEDES JOSEPH HERNANDEZ JOSHUA D. KRUT MATTHEW H. MANDEL ANTHONY L. RECIO BRETT J, SCH NEIDER CLEF -FORD A. SCHULMAN ARIGAIL WATTS-FITZGERALD LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, PFjt`ivD ATTORNEYS AT LAW PLANNING DEPAlijklIrimalFVAREZ LILLIAN M. ARANGD ppSAARRAAE_`!A�UU,LISLO 17BERT W. DEgFLESCO BROOKE P. DOLARA RAOU EL ELEJABARRI ETA CHAD S. FRIEDMAN ERIC P. HOCKMAN c-1ARLENE SILVERN KENNEDY• KAREN LIEBERMAN• JOHANNA M. LUNDGREN MIA R. MARTIN ALMA MARTINEZ MOLINA• KATHRYN M. MEHAFFEY ROBERT A. MEYERS. MATTHEW PEARL JOHN J. QUICK` TIMOTHY M. RAVICH• AMY J. SANTIAGO SAIL D. SEROTA' JONATHAN C. SHAMRES ESTRELLITA S.SIBILA .OF COUNSEL ALISON F. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON PETER D.WALDMAN• SAMUEL I. ZESKI ND A. PROFESSIONAL LIMITED I./ABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DARE OFFICE 2525 PONCE DE LEON BOULEVARD SU 1TE 700 CORAL GABLES* FLORIDA 33134 TELEPHONE 30S-854-0500 FACSRMILE 305-854-2323 WWW,WSH-LAW.COM I4 JAN 21 BROWARD OFFICE. 2O0 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FAcslrAILE 954-764-77770 Mr. Francisco Garcia Planning Director City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 January 21, 2014 Re: Re -Zoning and Comprehensive Plan Applications for 622 NE Sort' Avenue (01-3207-016-3390) Dear Mr. Garcia: On behalf of Pier Real Estate II, LLC (the "Owner"), we hereby file the attached applications for re -zoning and comprehensive plan change (the "Applications") for the captioned property legally described in the attached Exhibit '`A" (the "Property"). The purpose of the Applications is to enable the development of the Property for small scale neighborhood office use. The Property consists of a single lot just one property off of Biscayne Boulevard and NE 79th Street, the area of which totals approximately 6,897 square feet. The lot is currently vacant. It has a designation of "Medium Density Multi -Family Residential" under the City's Comprehensive Neighborhood Plan and is zoned T5-R under Miami 21. The land to the west and north is restricted commercial, zoned T6-8-O; the land to south is restricted commercial, zoned T5-O; and the land to the east is medium density multi -family residential, zoned TS-R. The lots to the north and east are vacant. Mr. Francisco Garcia January 21, 2014 1_I2 Development of the Property with multi -family use is no longer compatible with the more intense commercial environment that surrounds it. Accordingly, the Owner seeks a change of land use designation to "Restricted Commercial" and a change in zoning to T6-8-O. to allow for an office building of a similar type and design as already exists within just one block of the property to the north and south. It is well known that both of the 79th Street and Biscayne Boulevard corridors (the "Corridors") are dedicated predominantly to commercial use. An analysis of the surrounding properties within a one-half mile radius of the Property directly north. south, east and west reveals that the uses in those areas of the Corridors are, in fact, designated restricted commercial. The Property is surrounded on three -sides by restricted commercial, abutting the Property on the north, west and south and is adjacent to properties zoned T6-8-0 on two sides, abutting the Property on the north and west. Commercial property zoned T5-0 abuts to the south. It should be noted that to the immediate east/northeast, including most of the block on which the Property is located. the parcels are designated medium -density multi -family residential and zoned T5-R. Indeed, at the intersection of the Corridors. there appears to be a higher intensity commercial node with decreased intensity and density further to the southeast and northeast of the node. The T6-8-0 transect boundary along the west side at Biscayne Boulevard is not uniform and, in close proximity to the property —one block to the north, extends further east than the Property. Sun 'ounding the Property, the uses and intensities are and/or resemble the City's T6-8-0 district. The Owner is seeking 16-8-0 zoning for the Property for the purposes of developing an office building, which would serve as a compatible and logical transition zone from the commercial of the south, north and west side of the property to the yet to be developed area to the east. From a planning perspective, the requested office use makes logical sense, offering a use that is complimented by the surrounding commercial uses, supplements the type of commercial use offered by the area, and constitutes an appropriate buffer between the commercial areas of the west and the lands to be developed to the east. The small scale office is an underserved niche in the area which includes a mix of residential of varying densities, and intense commercial and professional office. This application addresses that niche. The requested re -zoning and comprehensive plan change is compatible with the area and consistent with the Comprehensive Plan which encourages "well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail and community facilities in a walkable area" and "a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing and recreation in close proximity to each other." See Policy 11-1.1.7 and Policy LU-1,3.15. These applications will provide for neighborhood office uses that are of low scale and in close proximity to residential and retail uses of varying densities and intensities which will fill an underserved niche and be an asset to the surrounding neighborhood. WEISS SEROTA HELFMAN PASTORIZA DOLE & BONISKE, P.L. Mr. Francisco Garcia January 21, 2014 I',,, L. I We look forward to presenting this application to the Planning and Zoning Appeals Board with the City's favorable recommendation. Thank you for your attention to this matter. Should you have any questions, please call me at your convenience. DAEhnea 2699.001 Enclosures Very truly yours, Daniel A. Esping WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. This instrument was prepared by and after recording return to: Name: Daniel A. Espino, Esq. Address: Weiss Serota Hellman Pastoriza Cole & Boniske, F.L. 2525 Ponce de Leon Blvd., #700 Coral Gables, Florida 33134 Tel. (305)854-0800 (Space reserved for Clerk) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned Owner holds the fee simple title to the land in Miami -Dade County, Florida, described in Exhibit "A," attached hereto, and hereinafter called the "Property," and DV ORDER TO ASSURE the City that the representations made by the Owner during consideration of a change of zoning from T5-R "Urban Center Zone" to T6-8-O "Urban Core Zone" for the Property will be abided by, the Owner freely,,voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: (1) Notwithstanding the T6-8-0 zoning, the Owner will restrict the Property to multi -family housing, live -work, office, educational, food service establishments, and/or those general commercial uses found by the Planning Director to be compatible with office uses, such as, without limitation, snack shop, sundry store, convenience store, printer, delivery service, copy center, office goods store, health foods store, barber shops, salons, health spas and fitness studios, and any other use that primarily operates during typical office hours and a similar impact on traffic and noise as office uses. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, within thirty (30) days of acceptance by the City of Miami in the public records of Miami - Dade County, Honda and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the benefit of Miami -Dade County and the public welfare. Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City of Miami. Declaration of Restrictions Page 2 Term. This Declaration is to run with the Iand and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of Miami. Modification, Amendment, Release, This Declaration of Restrictions may be modified. amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City of Miami Commission, after public hearing. Any modification, amendment or release shall be in a form acceptable to the City Attorney. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of Miami Department of Planning and Zoning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by taw, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Attorneys fees may not be awarded against the City of Miami under this Section. Authorization for City of Miami to Withhold Permits and Inspections. In the event the terms of this Declaration are not being complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Permissive Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a Lawful permit issued by the City, and inspections made and approval of occupancy given by the City, and certificates of use have been issued, then such construction, inspection, approval, and issuance of certificates of use shall create a permissive presumption that the buildings or structures Declaration of Restrictions Page 3 thus constructed and used comply with the intent and spirit of this Declaration. This presumption shall be classified as a rebuttable presumption under Florida Law, Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. I-lowever, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion Recording. This Declaration shall be filed of record in the public records of Miami - Dade County. The City of Miami shall be furnished a recorded copy within 30 days of recordation and the Owner must promptly furnish a certified copy of the recorded covenant to the City of Miami Zoning Administrator at 444 SW 2nd Avenue, Miami, Florida 33130. Acceptance of Declaration. Acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, and the City Commissioners and/or any appropriate City Board retain its full power and authority to deny each such application in whole or in part and to decline to accept any conveyance. Owner. The term Owner shall include the Owner, and its heirs, successors and assigns. Executed on this day of , 2013. As to 622 NE 80th Street, Miami, FL 33138 (Folio No. 01-3207-0163-390) Pier Real Estate II, LLC, a Florida limited liability company BY: BY: WITNESSES: Fabio Amadu, Managing Member Silivia Faccin, Managing Member NAME: NAME: ADDRESS: ADDRESS: Declaration of Restrictions Page 4 STA"1'1 OF FLORIDA COUNTY OF MIAMI-DADE } ) ) I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared Fabio Amadu, as a Managing Member of Pier Real Estate II, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did not take an oath. WITNESS my hand and official seal this STATE OF FLORIDA COUNTY OF MIAMI-DADE day of , A.D., 2013, NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: Commission Expires: I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared Silvia Faccin, as a Managing Member of Pier Real Estate II, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did not take an oath. WITNESS my hand and official seal this day of , A.D., 2013. NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: Commission Expires: Declaration of Restrictions Page 5 APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez, Esq_ City Attorney Irene Hegedus Zoning Administrator Francisco Garcia Director of Planning Declaration of Restrictions Page 6 Exhibit "A" Property Information Address: 622 NE 80th Street, Miami, FL 33138 Folio Number: 0132070163390 Legal Description: Lot 11, Black 18, SHORE CREST, according to the Plat thereof, as recorded in Plat Book 10, at Page 23, of the Public Records of Miami -Dade County, Florida. Message From: Kevin Halbert [kevirr.holbert@etcc-com] Sent: 20/04/ 2011 16:41:18 To: Cristina Parrish Icparrish@mdxway.coml CC: Marie Schafer {mschafer@mdxway.corn]; Susan Carlson (scarlson@hntb.com] Subject: RE: Canceled: SI-Test Planning Yes From: Cristina Parrish [mailto:cparrish a mdxway.com] Sent: Wednesday, April 20, 2011 11:37 AM To: Kevin Holbert Cc: Marie Schafer; Susan Carlson Subject: RE: Canceled: SL Test Planning Yes Kevin, that makes sense. Is the 1:00pm Finance Recon call still on? Thank you.. Cristina Parrish Senior Accountant Miami -Dade Expressway Authority From: Kevin Holbert [mailto:kevin.holbert©etcc.com] Sent: Wednesday, April 20, 2011 12:10 PM To: Cristina Parrish Cc: Marie Schafer; Susan Carlson Subject: RE: Canceled: 5L Test Planning Cris, I will have to get back to you. We are currently planning our next 30 days of activities. Is it more feasible to test SI_ after we implement VTA accounts in addition to UTC and Courts? Seems we would be testing twice otherwise This will help us with planning. From: Cristina Parrish [mailto:cparrish@mdxway.corn] Sent: Wednesday, April 20, 2011 11:07 AM To: Kevin Holbert Subject: RE: Canceled: SL Test Planning I apologize, I was out sick yesterday. Please let me know when your team is available and I'll make sure we can join. Thanks. --Original Appol ntment--- From: Kevin Holbert [mailto:kevin.hofbertiPetcc.com] Sent: Tuesday, April 19, 2011 9:26 AM To: Cristina Parrish; Keith Sheffler; Toan Dinh; Joe Lucas; Vaidehi Choudhary; Steve Hester; Shawn Moore; Calla Ivanov Cc: Susan Carton Subject: Canceled: Si` Test Planning When: Tuesday, April 19, 2011 12:00 PM-1:00 PM (GMT-05:00) Eastem Time (US & Canada). Where: Conf Call (866-433-3466, 1460202899) Importance: High Cristina Parrish Senior Accountant I Miami -Dade Expressway Authority 305.637.3277 x1134 j cparrish@mdxway.com S www.mdxway.com DRIVE SAFELY. MAKE THE PLEDGE. ,t...LriW us gal Miami -Dade Expressway Authority is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E-mail messages are covered under such laws and thus subject to disclosure. Miami -Dade Expressway Authority is a public entity subject to Chapter 119 of the Florida Statutes concerning public records, E-mail messages are covered under such laws and thus subject to disclosure. Applicant(s): Tony Recio on behalf of Pier Real Estate II, LLC REZONING APPLICATION RECEIVED ri,ANNING DEPARTHEN Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 14 JAN 21 P1112: 30 i It_ l Subject property address(es) and folio numbers): See attached Exhibit "A" Present zoning designation(s): T5-R Proposed zoning designation(s): T6-8-0 Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. See letter of intent, 6. One (1) original, two (2) 11 x17" copies and one (1) 8%x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 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 to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A. to match with the current survey's legal description. 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 CIerk, 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, Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? ± 0.1583 acres Rev. 07-2012 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? See letter of intent 19. 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 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3`d Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: Planning, Zoning and Appeals Board 30 min. and/or ® City Commission 30 min. 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-0, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 O. T6-48 0, T6-60 0, T6-80, CI -HD: $ .70 $ 5,000.00 Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000. ! y, . all be . in the form of a certified check, cashier's check, or money order. Signature Address 2525 Ponce de Leon Blvd. #700 Name Tony Recio, Esq. Coral Gables, FL 33134 Telephone (305)854-0800 E-mail TRecio@wsh-Iaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE T e foregoing was acknowledged before me this ! " day of 201 by Tony Recio who is a(n) individual/partner/agent/corporation of Pier Real Estate I, LLC a limi d liability company. He is pers� an-town.to,me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature MARILYN SOMODEV1LLA MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 Bonded Thru Budget I otary Services Rev. 07-2012 CORPORATE RESOLUTION OF PIER REAL ESTATE II, LLC The undersigned, being the sole Managing Members of PIER REAL ESTATE II, LLC an active Florida limited liability company (the "Company"), hereby adopt the following resolutions by written consent, in lieu of a meeting, effective on the date below: RESOLVED, that the Company desires and authorizes the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property that it owns located at 622 NE 80th Street, Miami, FL 33138 (folio number 01-3207-016-3390) (the "Applications"); and be it RESOLVED, that Fabio Amadu and Silvia Faccin are authorized to execute the Applications and any and all documents related thereto on behalf of the Company; and further. RESOLVED, that Tony Recio, Esq. and Daniel A. Espino, Esq. of the law firm Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. are authorized, directed and empowered to prepare, execute and fill the Applications, any additional applications, forms, petition and other documents necessary to effectuate the Application. The adoption of said resolution was done in accordance with the controlling documents of the company and is otherwise legal in all aspects. IdPI EXECUTED as of this.l-3th day of January 2014 PIER RE ESTATE 11, LLC io •►' adu Cv--,,ter By.. Silvia F STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgement, personally appeared Fabio Amadu and Silvia Faccin of Pier Real Estate II, LLC, who are personally known to me or produced FL_ .D(..— as identification, and whom executed the foregoing instrument freely and voluntarily for the purpose herein expressed and who did not take an oath. WITNESS my hand and official seal this day of January, 2013. r a Notary Public State of Florida Silvio Ortega 4 My Commission EE115658 �+i` Expires u712512015 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Tony Recio , 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. 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 0 not including responses to day to day staff inquires. 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. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affi ant sayeth not. Tony Recio Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this l d) day of .-Z-C4- 2014 by Tony Recio who is a(n) individual/partner/agent/corporation of Pier Real Estate II, LLC a limited liability company. He is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature MARILYN SOMODEVILLA MY COMMISSION >1 EE 116532 EXPIRES: September 13, 2015 Banded Tin Budge! Helary Services Rev.©7.2012 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Cade 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) Pier Real Estate iI, LLC (owned by: Fabio Amadu (48%) & Silvia Faccin 52°/0); address: 2601 South 8ayshore Drive, Suite 725, Miami, FL 33133) Percentage of Ownership 100% Subject Property Address(es) 622 NE 80th Street, Miami, FL 33138 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): None Tony Redo, Esq. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Owner(s) or Attorney Signature T e foregoing was acknowledged before me this r `7 day of 201 by Tony Recio who is a(n) individual/partner/agent/corporation of Pier Real Estate/I!, LLC a limited liability company. He is personal/ k owle or who has produced as identification and who did ( id not) an oath.m (Stamp) Signature MARILYN SOMO0EV1L A MY COMMISSION EE 116532 s EXPIRES: September 13, 2015 'grF 8orded Tiro 9udgai Notary Services Rev. 07-2012 G EXHIBIT "A" Property Information Address: 622 NE 80th Street, Miami, FL 33138 Folio Number: 0132070163390 Legal Description: Lot 11, Block 18, SHORE CREST, according to the Plat thereof, as recorded in Plat Book 10, at Page 23, of the Public Records of Miami -Dade County, Florida. "-' City of Miami `(,... „ Public School Concurrency r. , Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hering Application Sub -Type Zoning Application Name * Pier Real Estate 11, LLC c/o Daniel A. Espino Application Phone * 305-854-0800 Application Email * DEspino@wsh-1aw.com Application Address * 2525 Ponce de Leon Blvd., #700, Coral Gables, FL 33134 Contact Fields Information Contact Name _ _ * Daniel A. Espino, Esq. Contact Phone * 305-854-0800 Contact Email * DEspino@wsh-1aw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email G DGav 09 ci.mtiami.0.us Local Govt. App. Number {OFFICIAL USE ONLY) Property Fields information Master Folio Number * 01-3207-016-3390 Additional Folio Number Total Acreage * 0.1583 Proposed Land Use/Zoning * T6-8.0 Single -Family Detached Units * {1 Single -Family Attached Units ('Duplex) * 0 Multi -Family Units * 23 Units Maximum Total # of Units * 23 Units Maximum Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested nghts; or for an atreaey improved property whith does no! have to be re -platted as deemed by the local government. The number of units 10 be input into the CMS is the net difference between the existing vested number et units and the newly proposed number of units.. F:xampfr an existing 20-unit structure will be tom down for redeveloppmenf. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (nel difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application Owncr(s)/Attomey/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was a owlcdged bef thi f day of 20 I k ` , by Or - -� "� Le - who is a(n) individual/partnerl en orporstion of LI• `�rC�ti ‘ . ni 11 ind'nviduaUpartnershipleorpora ioi`n. 1-ielShe is personally known to me or who has produced as identification and who did (did not) take !tu oath. Owner(s)IAttomey/Applicant Signature (Stamp) Signature N SOMODEVILLR MY COMMISSION 1 EE 116532 EXPIRES; September 13, 2015 Banded That Budge! Nifty Services ORDERED BY; Miami. Law Title & Trust 1000 Bricke11 Avenue Suite 10Qj Siiaua Pl.nnda 33131 Phone:(3o5) 331-9999 Fax: (3o5) 38t a5?S w W .mina ahhtide. corn. tgE 0 NEVs! St tic P. 'nu, = NE Y2N St NE S? 0 ROPUTT' ADD ESS: 622 N1 so STREC MIAMI, FLORIDA 33133 SURVEY NUMBER: FIL13C5.22C4 FIELD WORK DATE: s22-QL a REVISION DATE(S):{aEv3 5,23,2ota; FL1365.2200 BOUNDARY SURVEY W4MWADECOUN7Y t hereby certify property hes beer, knowledge and hell survey that meets th the Florida Board Of FN&D NO ID eP P.C. 5 39'20'37' E 77.9T 79.6T (P) S 69°22'53- E 62.65' (M) 64.87' P TABLE: L1 15.00' (P) N 89'57'45' *E 15.32' (M) FENCE OWNERSHIP I4CT DETERMINED FIR NO ID B.C. /t b E2W-J0, ! ////. ////// / 02•"F We hereon described and to the best of my to representation ofa tandem's set forth by ly0rs as deSCnbed to Chapter. J- 17 of the Ffor alive Code. RONALD W. WALLING Slate of Rousts ProfeePtiNat S1.rvey& Wel hittipar License No. .*fl S 89'34'07' E 55.00' (M) FIR NO ID FIR 55.00' P No ID o N 89'37'55' W .24' (FA) g o LOT22 r BLK 18 FIR NO 10 LOT 10 BLK 13 FIR NO ID LOT 23 ELK 18 NOTE - F£NCR4ND WALL OWN[RSHIP NOT DETW1M)N �IRIS OMR NMIS GRAPHIC SCALE (In Feet) 3 inch = 30' fL Use oft th Stevcy for Purposes other than Intended, Wifhaur%htenVMleePons will Peal the User'sSole Pp4aMNrnhaurl.tabdisy so tie Surveyor. IrnthnrgPure. shall heCPnamed inCaveANY Rightsor Reeelm to Anyrft 9iher then thou Cavilled FLOOD INFORMATION: 8Y PERFORMrNG ASEARCH WITH THE LOCAL GOVERNING MUNICIPALITY OR VN W/.FEMA.GOV,111E PROPERTY APPEARS TO BE LOCATE° IN ZONE AE (WITH A SASE FLOOD ELEVATION OF 8). THIS PROPERTY WAS FOUND IN THE CITY OF MIAMI. COMMUNTY NUMBER 120550, DATED9f11/21JA9. DATE: 5/23/2013 BUYER: PIER REAL ESTATE, CORP ELLER PIER REAL ESTATE. CORD CERTIFIED TO: PIER REAL ESTATE, CORP; MIAMI LAW TITLE &TRUST This is page 1 of 2 and is not valid without al) pages.. POINTS OF INTEREST NONE VISIBLE AFFILIATE MEMBERS www.exactaland.caT Land Surveyors, Inc. P 005166a-6169 F(37S}dG8.b2; LBe T337 it 5o TOW,* Lake Drive. Suite SS -Ft. Myers. FL 314.3 REPORT OF SURVEY FL13G6.42IX This is page 2 of 2 and is not valid without all pages. LEGAL DESCRIPTION: LOT 11, BLOCK 1 a, SHORE CREST, ACCORDING TO THE PLAT THEREOF, AS RECORDED iN PLAT BOOK 10, PAGE 22. OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY JOB SPECIFIC SURVEYOR NOTES: THE BEARING REFERENCE OF SOUTH fl DEGREES 00 MINUTES OO SECONDS WEST tS BASED ON THE EASTERLY PROPERTY LINE OF LOT 11, BLOCK 10, LOCATED WITHIN SHORE CREST ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 10, PAGE 23 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. --- GENERAL SURVEYOR NOTES: 1. The Legal Rescriptfah used to perform this survey was supplied by othersihir survey does not closer mIPE' vI imply own e11l141 7. This pointy only shows improvements found aboveground Underground footings, utilities and encroachments are not larsood On this survey trip. 3. If thtre is a septic tank or drain. 6 aid showm on this survey, the lacati00 is avpeedmate, lied was dcwrminxd by visual above ground inspection only, end cannot be relied on nor accuracy. 9. This survey 15 exchohhely far the use of the parties towhom hB cedfied. 5. Additions at deletions to this survey map and raw.bY oche trim the signals patty orpors is prohltleeowAfseue written consent a!the signing parry orpanies & Eimensidn5 are 1n feet and decimals thereof. 7. Due m ruyfng construction standards, house dimensions are approelmate. & Any FEMA Hood bona data tentacled on this survey Is forinkxmotldnal purposes only. Research to obtain tech data was performed at wwetterra yav- 9. All comets marked as set are at a mi-gmuma Wriiarrseten, liV Iren rebarw1h a cap starnptd LB 7337. 10. If you are reading this survey In en elearonk format, the Information contained on this document in only veld If this document's elecwrdcaliy signed as specified Is Chapter 51-17,062I31 rsfthe Florida Adreristrathe Coda The E!ecttonlc Sgnature Ftle refined to This doeument is prominently displayed on the invoke fat rllk wrvtywhich is sent undo, sperm cover. Menially signed and sealed logs of all surrey skin/cure hies are kept In the office oldie performing surveyor. Irthis document Is in paper format, it is mato-ad without the signature and original raised seal ale Florida Licensed Surveyor. 11, Unless otherwise noted. an examination otth a abnaactol tide oat NOT performed by the signing surveyor to determine vrhidl. Inmumeno,IV any. are erecting lids property. 12. The symbols reflected In the legernd and on this survey may have been enlarged or reduced for clarlty.The symbols have bran plated at the ranter vfthe field location, and may not represent the ac7lal shape or site cif the feature. 13. Points of oftener tRilits1 We sekctod asweyround Imprtreemenu which may be In conilicn whh boundary, buRding setbarkor easement lines, ride idled bythe parameters olthls sum/y.7hare may be additional PCSI's which are not shown, not called -out as POPS,orwhkh are otherwise u nitnown to the su rvtyor. These POI's may not represent ail items of fnte,estto the viewer. 14 ildPIN shown on the subject property mayor may not indicate the existence of recorded to unrecorded softly easements, 11. 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A free online hash cakvla to tf m aga* at I:t.;yl?ri.;_fit,li+NJ.raciri4rlr-1l/rr.d52V1eh-t1; PRINTi NG INSTRUCTIONS: 1. Wile 'Awoke the sleety re Adobe Reeder. Boleti the 'Print" button mado liw'Fde' rob 2 Select 4. pranerwith legal sad paper. duo 411•tos OFFER PIER VALID ONLY FOR: REAL ESTATE, CORP r - C T Tv Electronically Ergo any StllreyPDF: ? Under'PrFt Range,dldr.aakcs e' - 1,S'ave dnePDF onto rem P Z Use the online tool at 9. Underthe'Pa90 Narrating' section, seksettrhenurrSer of copes that ycuwor2d iaawpnrn. t p �{f CAE p�6 y {�1 f �41 L.e�Li14L �11Q L7f�l � nrso.".rweeceloroeroas Ir, Z'17ntr4Td;isrom ytm4 5. Under the -Page Scaling' selttnan deep doaaal mono, to brLlvoe for the Saved 0041 on youroonlputtl t the Rash Meod as SRA 3. See+tMethod 4.Oltk Submit Your PLf le eledbonbally signed If all of the characters In the SHA-t code submatt dby STARS matches the code which is produced by the hash Cakulatnf If they match exactly. your PDF is electranitatysigrxd If the du trot match exactly. your Flank not.lnh!nflc JAM 'NIem.' & Vnchack the 'yuio ilotene end fter Cra• ch t:above 7- Cixtfl9ha'Chooae Paper sere by PDF' ehookbo. &Gilt OK 4P print 70 PrIM N BLACK strid ref 1, in the main print screen, timse'Pro,peetles. 2, Cr tote *Oink' from the wham, 3- Change from 'Alto Color or "Full Color to 'Gray Scale . r/r 25O, V off fur To5s004 ANY FUTURE SURVEYING SERVICES ON THIS PROPERTY 1 Citer+aGd tMnIy k Ihe-Luyes,a7,.1exi dl the 1 r nl pope Nl.Hw seT: to td o, d'acour1 rot' - -+ eiavi Exacta Land 5ttrveyors, Inc, www.exacfaland.corn -:. L9ynv P t305)66a-6167-F(30.5}6651.6375 1222,0 Towne L4rk,e Drive, Suite 55 • Ft. Myer.. FL 25511 __'-, - Prepared by and return to: Eric A. Gonzalez Attorney at Law Roca Gonzalez, P.A. 2601 South Bayshore Drive Suite 725 Miami, FL 33133 305-859-6050 File Number: Pierre.130136 Parcel Identification No. 01-3207-016-3390 [Space Above This Line For Recording Data] Warranty Deed CFN: 20130604412 BOOK 28752 RAGE 1636 DATE:OSI01/2013 09:38:00 AM DEED DOC 720.00 SURTAX 540.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY (STATUTORY FORM - SECTION 689.02, F.S.) -, „Pei This Indenture made this' - day of July, 2013 between Carlos F. Sanchez and Maria A. Hernandez, husband and wife whose post office address is 826 NE 92 Street, Miami Shores, FL 33138 of the County of Miami -Dade, State of Florida, grantor*, and Pier Real Estate, Corp., a Florida corporation whose post office address is cla RPGA, 2601 S. Bayshore Dr., # 725, Miami, FL 33133 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described ]arid, situate, lying and being in Miami -Dade County, Florida, to -wit: Lot 11, Block 18, Shore Crest, according to the map or plat thereof, recorded in Plat Bonk 10, Page 23, of the Public Records of Miami -Dade County, Florida. Subject to; 1. Taxes and assessments for the years 2013 and thereafter; 2. Restrictions, easements, covenants, conditions, limitations, and reservations of record, provided that this recital shall not operate to reimpose same. 3. Zoning and applicable governmental ordinances. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written, DoubleTlmem CFN 20130604412 BOOK 26752 PAGE 1637 Signed, sealed and delivered in our presence: (X.6 Witness Name: , �rro.ge( S-ch. Witness Name: L-O Lf O7 ess Name: LogFt State of Florida County of Miami -Dade The foregoing instrument was acknowledged befo personally known or [ s produced 1. [Notary Seal] VANESSA VAZQUEZ MY COMMISSION 4 EE 024742 EXPIRES: October 1, 2014 BoAded Tlnv Notary Pubic underxailers State of Florida County of Miami -Dade The foregoing instrument was acknowledged be me thi personally known or [s produced [Notary Seal] VANISSAVAZOUEZ ifrE. fin* MY COMMISSION A EE 024742 EXPIRES: Qctnber 1, 2014 4-+• -` Bonded Tot Wray PuultUrdermeers (Seal) Carlos Sanchez Seal) mandez day of July, 2013 •y Car + . Sanchez, who L] is ntification. ry Public Printed Name: My Commission Expires: July, 2013 cation. Public Printed Name: My Commission Expires: A. Hernandez, who 1 is Warranty Deed (Statutory Form) - Page 2 DoubleTime 1111,11 IIIII IIIII Illil Hill Hill hill lilt lilt Prepared by and return to: Marco Ferri, Esquire Avila Rodriguez Hernandez Mena & Ferri, LLP 2525 Ponce de Leon Blvd., Penthouse 1225 Coral Gables, Florida 33134 Property Appraiser's ID #: O 1-3207-01 b-3 3 90 CFN 2013R0983374 OR Ek 28953 Pss 1896 - 1897; (2pss) RECORDED 12/16/2013 15:32:27 DEED DOC TAX 135.60 SURTAX 101.70 HARVEY RUVIHr CLERK. OF COURT €1IAMI-DADE COUNTY, FLORIDA WARRANTY DEED THIS WARRANTY DEED is made this day of December, 2013, by PIER REAL ESTATE, CORP, a Florida corporation, hereinafter called the grantor, whose post office address is c/o ARHMF, 2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, FL 33134, to Fabio Amadu and Silvia Faccin, husband and wife, hereinafter called the grantee, whose post office address is: c/o A.RHMF, 2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, FL 33134. (Wherever used herein the terms "grantor" and "grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) W I TNESSETH, that the grantor, for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) and other valuable consideration, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, and grantee's heirs and assigns forever, the real property ("Property") located in Miami -Dade County, Florida, more particularly described as follows: Lot 11, Block 18, SHORE CREST, according to the Plat thereof; as recorded in Plat Book 10, at Page 12, of the Public Records of Miami -Dade County, Florida. Subject to: I. Taxes and assessments for the year 2013 and subsequent years. 2. Easements, restrictions, reservations, and limitations of record, if any, provided that this instrument shall not reimpose same 3. Zoning and other governmental regulations. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining to the Property. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with said grantee that the grantor is lawfully seized of the Property in fee simple; that the grantor has good right and lawful authority to sell and convey the Property; that the grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomever, and that the Property is free of all encumbrances, except taxes accruing subsequent to December 31, 2012. 00096391 ADC v.I Book28953/Page1896 CFN#20130983374 Page 1 of 2 OR Ok 2a953 PG 1897 LAST PAGE written. Signed, sealed and delivered in presence of: Print Name: //r✓ra i ri PIER REAL ESTATE, CORP, a Florida corporation By: 0 Silvia Face" , Pr• sident STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me, a Notary Public, this day ofDecember, 2013 by Silvia Faccin, President of Pier Real Estate, Corp, on behalf of said corporation. She is ( X } personally known to me or ( ) has produced as identification. Notary Public, State of Florida Book28953/Pagel 897 CFN#20130983374 Page 2 of 2 111111111111111111111111111111111111111111111 Prepared by and return to: Marco Ferri, Esquire Avila Rodriguez Hernandez Mena & Ferri, LLP 2525 Ponce de Leon Blvd., Penthouse 1225 Coral Gables, Florida 33134 Property Appraiser's ID #: 01-3207-016-339U CFN 2O13RO98337 OR Bk 28953 Pss 1898 - 1899; (2uss) RECORDED 12/16/2013 15:32:27 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIH, CLERK OF COURT 1IIAMI-DADE CDUHTYp FLORIDA WARRANTY DEED THIS WARRANTY DEED is made this 4 day of December, 2013, by Fabia Amadu and Silvia Faccin, husband and wife, hereinafter called the grantor, whose post office address is c/o ARHMF, 2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, FL 33134, to PIER REAL ESTATE 11, LLC, a Florida limited liability company, hereinafter called the grantee, whose post office address is: c/o ARHMF, 2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, FL 33134. (Wherever used herein the terms "grantor" and "grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the grantor, for and in consideration of the sum ofTEN AND 00/100 DOLLARS ($10.00) and other valuable consideration, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and con ins unto the grantee, and grantee's heirs and assigns forever, the real property ("Property") located in Miami -Dade County, Florida, more particularly described as follows: Lot 11, Block 18, SHORE CREST, according to the Plat thereof, as recorded in Plat Book 10, at Page 12, of the Public Records of Miami -Dade County, Florida. Subject to: 1. Taxes and assessments for the year 2013 and subsequent years. 2. Easements, restrictions, reservations, and limitations of record, if any, provided that this instrument shall not reimpose same 3. Zoning and other governmental regulations. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining to the Property. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with said grantee that the grantor is lawfully seized of the Property in fee simple; that the grantor has good right and lawful authority to sell and convey the Property, that the grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomever, and that the Property is free of all encumbrances, except taxes accruing subsequent to December31, 2012. Note to Recorder: Pursuant to Florida Statutes Section 201.02 and Florida Administrative Code Rule 12B-4.014, No documentary stamp tax and/or intangible tax is due and payable on this instrument because there is no consideration paid and no outstanding mortgage or other encumbrance. 00096392,DOC v.1 Book28953/Page1898 CFN#20130983375 Page 1 of 2 OR Q1 28953 PG 1899 LAST PAGE IN WITNESS WHEREOF, the grantors have executed this Warranty Deed the day and year first above written. Signed, sealed and delivered in presence of: Print Name•./ 42 /JfL JL STATE OF FLORIDA } ) SS: COUNTY OF MIAMI-DARE } The foregoing instrument was acknowledged before me, allotary Public, this5414 day of December, 2013 by Fabio Amadu and Silvia Faccin, who are ( X) personally known to me or ( ) have produced as identification. ti Notary Public, State of Florida IMMO FERRI k1Y 039041SS1ON 1 EE 011196 Q(PIFRES: NoYember 23, 2014 %Nod Tircu Notary Pulgio Unde wlee4 Book28953/Page1899 CFN#20130983375 Page 2 of 2 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 gram 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: Tony Recio (First Name) (Middle) (Last Name) HOMEADDRESS: Weiss Serota Heitman Pastoriza Cole & Boniske, P.L. (Address Line 1) 2525 Ponce de Leon Blvd., Suite 700 (Address Line 2) CITY; Coral Gables STATE: Florida ZIP: 33134 HOME PHONE: (305) 854-0800 CELL PHONE: FAX: (305) 854-2323 EMAIL: trecio®wsh-law . com BUSSINESS or APPI.1CANT or ENTITY NAME Pier Real Estate II, LLC BUSINESS ADDRESS: 2525 Ponce de Leon Blvd., Penthouse 1225 (Address Line 1 Coral Gables, FL 33134 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval for comprehensive land use plan amendment and rezoning applications. 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 j 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 persons} or entities to whom consideration has been provided or committed. Name Address Phones a, N/A b. c, * Additional names can be placed on a separate page attached to this fo rn. 4. Please describe the nature of the consideration. N/A 5. Describe what is being requested in exchange for the consideration. N/A ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. - PERSON SUBMITTING DISCLOSURE: Signature Tony Recio Print Name Sworn to and subscribed before me this dri-Yof 3C.4. , 20 . The foregoing was as acknowledged before me by ►� , who has produced as identification and/or is rsonal v known to me and who did/did not lake an oath, STATE OF FLORIDA CITY OF MIAMI MY COMMISSION j.''.':?-1-a,r1 MARILYN 5Oi� ODEV/Lif, EXPIRES: * a(, .. * MY COMMISSION # EE 116532 Ny, "II r . N HES: Seplernber 13, 2015 Endosurctsl wak.oF Foo 8o^ded Tin 8udget Notary ServICea Doc. No.:86543 Page 2