Loading...
HomeMy WebLinkAboutApplication & Supporting DocsPrepared by and after recording return to: Iris Escarra, Esq. Greenberg Traurig 333 Avenue of the Americas 44th Floor Miami, FL 33131 escarrai@gtlaw.com DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned ABREU DEVELOPMENT, LLC, a Florida limited liability corporation (the "Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the owner of that certain property located at 1725 NW 18 Street and 1729 NW 18 Street, in the City of Miami, Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Subject Property"); and WHEREAS, Owner proposes the development of a retail structure at the property located approximately at 1818 NW 17 Avenue, in the City of Miami, Miami -Dade County, Florida (the "Commercial Site"), as located adjacent to the Subject Property; and WHEREAS, Owner is submitting applications for a Comprehensive Plan Amendment and Rezoning of the Subject Property to allow for a surface parking area at the Subject Property to provide accessory parking to the Commercial Site; and WHEREAS, Owner seeks to assure the City of Miami that the Subject Property will be restricted solely to accessory surface parking areas to support the proposed retail uses at the Commercial Site and to covenant to provide certain site improvements at the Subject Property to protect existing surrounding residential properties; and NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Abreu Development, LLC, hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. MIA 184405109v1 MIA 184477930v1 2. Accessory Surface Parking Lot Use Restriction. Owner shall use the Subject Property solely as accessory surface parking to support the proposed commercial uses at the adjoining Commercial Site located at 1808 NW 17 Avenue. As such, the Subject Property shall be restricted from the development of any and all additional uses, building height, intensity and density. This Declaration touches , concerns, and runs with the Subject Property and is binding on the Owner, its heirs, successors, assigns and vendees. 3. Site Improvements. Owner hereby covenants to provide and maintain the following landscaping and site improvements at the Subject Property: • Landscaping buffering between dissimilar land uses. • Landscaping areas in parking lots and street screening pursuant to the requirements of Article 9 of Ordinance 13114, as amended, the zoning code of the City of Miami (i.e., Miami 21). • An eight foot (8 ft.) concrete wall between the Subject Property and the abutting neighbor's property located at 1720 NW 18 Terrace Miami, Florida, constructed in compliance with all applicable codes and permits, with landscaping on both sides of said concrete wall. • Locking gates that restrict access to the surface parking lot outside of retail business hours. • The design and general location of the landscape buffering, landscape areas, locking gates and wall will be subject to the review and approval of the Planning and Zoning Department. 4. Term. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the following: (i) then owners of the Subject Property (or if any portion of the Subject Property has been submitted to the condominium association governing such condominium in lieu of all of the owners thereof') AND (ii) the demonstration and affirmative finding of the Commission of the City of Miami that the same is no longer necessary to preserve and protect the Subject Property for the purposes herein intended at a public hearing. Owner shall bear the costs of the public hearing. 5. Modification, Amendment, Release. This Unity of Title may only be modified, amended or released as to the Subject Property, or any portion thereof, by a written instrument executed by the, then, owner(s) of the Subject Property, including joinders by all mortgagees, if any, provided that the same is also approved in writing by the Zoning Administrator and the City Attorney, as to legal form. MIA 184405109v1 MIA 184477930v1 2 6. Enforcement. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants in this Declaration. The prevailing party to 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/her attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 7. Law. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. This instrument is governed by the laws of the City of Miami, Miami -Dade County and the State of Florida. 8. Reservations. All rights, remedies and privileges granted herein shall be deemed to by cumulative and the exercise of any one or more shall neither be deemed to constitute an election or remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 9. Recordation. This Declaration shall be recorded in the Public Records of Miami - Dade County at the expense of the Owner of the Subject Property. The City of Miami Zoning Department, 444 SW 2nd Avenue, 4th Floor, Miami, Florida 33131 shall be furnished a copy within thirty (30) days of recordation. MIA 184405109v1 MIA 184477930v1 3 Signed, sealed, executed and acknowledged on this Miami, Florida. day of A.D., 2015, at WITNESSES: ABREU DEVELOPMENT, LLC., a Florida limited liability corporation Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) By: Print Name: Daniel Abreu Title: Address: The foregoing instrument was acknowledged before me this day of 2015, by Daniel Abreu, as of ABREU DEVELOPMENT, LLC., a Florida limited liability corporation; such person is (check one) [ ] personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in the county and state named above this day of , A.D., 2015. MIA 184405109v1 MIA 184477930v1 NOTARY PUBLIC, State of Florida Print Name: Commission No.: Commission Expires: 4 Exhibit "A" Legal Description of the Subject Property LOT 47 LESS THE EAST f 7 FEET THEREOF, BFLLEVIJE SUBD,IVSION, ACCOROJNG TO THE RAT TI-"EREOF, AS RECORDED JN PL4r 1300K 3, PAGE I9, LESS THE NORTH 5 FEET Tl-rEREOr OF THE PUBLIC RECORDS OF MTAMJ- E COUNTY FLORIDA. (POLO No. Of -Qf34-O73-J3 O) AND THE EAsr i7 FEET OF LOT 47, BELLEVUE 5U00I' '5JON, ACCORDING TO THE PLAT THEREOF, A5 RECORDED RN PLAT BOOK 3, PAGE 1' f 9, LESS T]-fE NORTH 5 FEET THEREOF, OF THE PLfBLUC RECORDS OF UMW -DADE COLJNTI; FLOPLOA_ (FQL+Q No, o r -O f 54-o f 3-oi9O) MIA 184405109v1 MIA 184477930v1 5 GT GreenbergTraurig January 16, 2015 Mr. Francisco Garcia City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 Iris Escarra 305-579-0737 escarrai@gtlaw.com Re: Abreu Development, LLC / 1725 and 1729 NW 18 Street Miami, Florida / Letter of Intent for Submittal of Applications for Comprehensive Plan Amendment and Rezoning Dear Mr. Garcia: On behalf of Abreu Development, LLC (the "Applicant"), please accept the enclosed applications for a Comprehensive Plan Amendment and Rezoning (the "Applications") of the property located at 1729 NW 18 Street and that portion of the property located at 1725 NW 18 Street, Miami, Florida consisting of Lot 47 of the Bellevue Subdivision only (collectively, the "Property"). This correspondence constitutes the Applicant's Letter of Intent and analysis pursuant to the requirements of Article 7.1.2.8(c) (2) (g) of Miami 21. Specifically, the Applicant is requesting a zoning change from T3-O to T4-L pursuant to the successional zoning requirements of Section 7.1.2.8 of Miami 21 and in compliance with the extension of an existing T4 boundary line pursuant to Section 7.1.2.8(c)(1) of Miami 21, and a comprehensive plan change from Duplex Residential ("DR") to Low Density Restricted Commercial ("LDRC"). PROPERTY INFORMATION According to the enclosed survey prepared by Exacta Commercial Land Surveyors, dated December 12, 2014, the Property is approximately 6,704 square feet or 0.15 acres in area and consists of an existing one-story single family residence (the "Existing Structure"). The Existing Structure was originally constructed in 1925 and is currently in a state of disrepair. The Applicant seeks to develop the Property for accessory parking to support the proposed one-story retail structure to be located at the adjoining site at 1808 NW 17 Avenue Miami, Florida (the "Commercial Site"). Please note that the Commercial Site is zoned T6-8-O under Miami 21 and is not a part of the proposed rezoning and land use amendment Applications. The Property abuts the Commercial Site and a retail grocery store to the East, a single family residential structure to the West, a vacant parcel and a multifamily structure to the North, and various commercial uses, multifamily structures and duplexes to the South. MIA 184281245v1 GREENBERG TRAURIG, RA. • ATTORNEYS AT LAW • WWW.GTLAW.COM 333 S.E. 2nd Avenue • Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717 ANALYSIS FOR REZONING AND COMPREHENSIVE PLAN AMENDMENT As per Miami 21, the current zoning for the Property is T3-O. The Applicant requests to rezone the Property from T3-O to T4-L pursuant to the successional zoning requirements of Section 7.1.2.8 of Miami 21. The Applicant requests the extension of the existing T4 boundary line abutting the Property to the North, across NW 18 Terrace, pursuant to the provisions of Section 7.1.2.8(c)(1) of Miami 21 which permit the extension of an existing transect boundary line abutting the Property, please see Image 1 below. The proposed retail structure will be limited to the Commercial Site and the Property will be limited to accessory parking under the rezoned T4-L Transect. For the reasons outlined below, we believe the proposed rezoning is appropriate for this particular Property and should be approved. Image 1 iI � lUt 11000 ase.e tors es see.. parses esn, the ^z0 5erKIz Rend. 1-+-1 .ic vz xwz.s 01311•0.us.. Ti-0 _ r_ TO-0-0 TMR 1. An analysis of the Property shows that the existing condition of the surrounding properties supports the rezoning to T4-L The Applicant proposes accessory surface parking at the Property to support the proposed retail building at the Commercial Site, zoned T6-8-O. Please note that retail uses are permitted by right at the Commercial Site under the T6-8 regulations. The Applicant proposes a unified site consisting of a retail building at the Commercial Site fronting NW 17th Avenue and accessory surface parking at the Property to support said retail use, see Image 2 below. The proposed T4-L transect designation, would allow retail uses by right and a maximum of three stories and 40 feet in height at the Property. NW 17th Avenue is classified as a Minor Arterial Roadway per Map TR-2 of the City's Comprehensive Neighborhood Master Plan, attached hereto as Exhibit "A." NW 17th Avenue is a major thoroughfare consisting of mainly commercial and retail uses including accessory surface parking facilities. As further depicted in the images below, the sites surrounding the Property contain a mixture of single -story commercial and retail structures. MIA 184281245v2 Image 2 This analysis considers the immediate surrounding properties including those sites that front onto NW 17th Avenue in the same manner as which the proposed unified site would. For example, please see the following sites as located within the immediate area of the Property and their current uses: • The property located at 1818 NW 17 Avenue, located approximately 50 feet from the Property, consists of a food market, Santa Barbara Produce, and a used tire retailer, Ceptor Tires Inc. As depicted in the following images, these establishments front NW 17 Avenue and NW 18 Terrace with direct vehicular access to the site along NW 18 Terrace. Please note that the tire retailer fronts directly onto NW 18 Terrace. MIA 184281245v2 • The property located at 1750 NW 17 Avenue, located approximately 75 feet from the Property, consists of a florist and religious retailer, Botanica Riviera, with a surface parking facility accessed through NW 18 Street. • The property located at 1830 NW 17 Avenue, located approximately 150 feet from the Property, consists of a food market and cafeteria, San Lorenzo Food Market, with parking facilities located at the rear of the site. • The property located at 1801 NW 17 Avenue, located approximately 150 feet from the Property, abutting the Commercial Site to the East, contains a thrift store, Guadalupe Dollar Store, Inc., with surface parking facilities located to rear of the Property and adjoining a single family residence. MIA 184281245v2 • The property located at 1860 NW 17 Avenue, located approximately 200 feet from the Property, consists of a bails bond service establishment, Miami Dade Better Bail Bonds with surface • arkin facilities located at the rear of the site. As depicted above, the Property and proposed unified development site (consisting of the Commercial Site and Property) abuts and is surrounded by single story commercial and retail uses with surface parking facilities located to the rear of the sites. Additionally, these properties contain access points not only at NW 17 Avenue but also through residential side streets. The various commercial sites located in the immediate areas surrounding the Property front NW 17 Avenue and extend West with surface parking lots that abut residential neighborhoods, similarly situated to the Property and the proposed retail development. Furthermore, many of said commercial sites front and provide direct vehicular access at residential side. As further detailed below, the Applicant proffers that the development of the proposed accessory parking lot at the Property will be limited by access via the Commercial Site and will provide further protections to the abutting residences through landscaping buffering and other requirements. The proposed rezoning to permit accessory parking to support retail uses is consistent with the abutting properties in the immediate area. 2. The zoning change request is only to the next intensity Transect Zone and maintains the goals of Miami 21 MIA 184281245v2 The proposed rezoning to the next intensity transect zone is being requested in order to accommodate accessory parking for the proposed retail uses on the Commercial Site which is consistent with the abutting retail developments. Accessory parking supporting retail uses are permitted at the Property under the proposed T4-L transect zone regulations and pursuant to the zoning interpretation, dated February 16, 2012, as issued by the City of Miami's Zoning Administrator and attached hereto to as Exhibit "B" (the "Zoning Interpretation"). Pursuant to the Zoning Administrator's interpretation, accessory parking is incidental and subordinate to the principal use. The Zoning Interpretation finds that accessory or incidental parking is permitted if the transect zone allows that specific use which will be supported by the proposed accessory parking. However, the principal use must also comply with the requirements of the particular Transect Zone. In this case, the Applicant proposes accessory parking at the Property to support retail uses at the Commercial Site pursuant to a unified development. As per Article 4, Table 3 of Miami 21, the T6-8 transect zone permits the proposed retail use at the Commercial Site. Second, pursuant to the Zoning Interpretation and the Use Chart of Miami 21, the proposed accessory parking at the Property, which is incidental and subordinate to the retail structures on the Commercial Site, comply with the T4-L transect zone regulations, as retail use is permitted as of right in the T4-L transect zone. Section 3 .6.3(b) of Miami 21 prohibits vehicular access through residential properties for nonresidential uses. As such, vehicular access to the proposed parking area on the Property will be primarily at NW 17t' Avenue, through the Commercial Site, thereby reducing any vehicular access through the neighboring residential neighborhood and minimizing any potential impact to the near -by residential properties. Article 9 of Miami 21 requires submission of a landscaping plan for approval by the City for any new parking areas. Specifically, Section 9.7 of Miami 21 requires the provision of a landscaping buffer between dissimilar land uses. As such, the proposed surface parking area at the Property must incorporate specific and enhanced landscaping buffering at the rear property line to reduce any impact to the single family homes located to the rear of the Property. Accordingly, the restriction of vehicular access to the proposed retail development and parking areas through the primary frontage, through the Commercial Site at NW 17 Avenue, coupled with the landscaping buffering requirements of Article 9 of Miami 21, will serve to mitigate any potential impacts to the single family residence located to the West of the Property. 3. Comprehensive Plan Amendment The City's Future Land Use Map designates the Property as Duplex Residential ("DR"). The Applicant now proposes and hereby submits the enclosed Application for an amendment to the City's Future Land Use Map of the City's Comprehensive Neighborhood Plan ("Comprehensive Plan") from "DR" to Low Density Restricted Commercial ("LDRC"). The LDRC designation permits commercial uses including uses that "generally serve the daily MIA 184281245v2 retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways" including general retail, restaurants, cafes and other commercial uses which are consistent with the permitted uses under the T4-L Transect Zone. Accordingly, the Applicant's proposed accessory parking at the Property to support retail uses is permitted under the LDRC designation of the City's Comprehensive Plan. The abutting properties to the East are designated Medium Density Restricted, Commercial and the properties to the North are designated Restricted Commercial as depicted in Image 3 below. Accordingly, the Comprehensive Plan change to LDRC is consistent with the land use designations in the immediate surrounding areas. Image 3 4. Covenant Proposed by the Applicant will Ensure the use of the Property remains Accessory Parking for the Commercial Site Lastly, the Applicant will proffer a restrictive covenant to run with the land that will tie the Property to the approved development and restrict the use of the Property to the proposed accessory parking to support retail uses at the Commercial Site, attached hereto as Exhibit "C". As such, the Property shall be restricted from the development of additional height, intensity and density. This covenant will serve to further protect the surrounding residential uses. 5. Conclusion In light of the foregoing, the proposed accessory retail parking use at the Property, pursuant to the rezoning Application to T4-L and the Comprehensive Plan amendment to LDRC, is appropriate due to the location of the site in a commercial area, is in scale with the surrounding areas, is not contrary to the established land use pattern in the area, and is compatible with the surrounding uses because NW 17th Avenue is a major thoroughfare consisting of mainly commercial and retail uses with accessory parking facilities located at the rear. Furthermore, any MIA 184281245v2 potential impacts to residential properties in the area posed by the proposed accessory retail parking will be mitigated by the regulations governing and restricting vehicular access, landscaping and other requirements of Miami 21. A voluntary covenant to be proffered by the Applicant will further protect surrounding residential properties by restricting future development of the Property to the proposed accessory parking use. Pursuant to Article 7.1.2.8(c) (2) (g) of Miami 21, attached hereto as Exhibit "D", please find an analysis of the general planning principles and goals and objectives of the City's Comprehensive Plan finding that the proposed Comprehensive Plan Amendment and Rezoning of the Property are in conformity with the Comprehensive Plan, the established land use pattern for the adjacent properties in the area, and in scale with the needs of the neighborhood. Specifically, the attached analysis supports the Applicant's proposed Comprehensive Plan amendment and Rezoning as consistent with Miami 21's intent and the zoning and comprehensive plan designations for the adjoining properties and neighborhood. Enclosed please find the Comprehensive Plan Amendment Application, the Rezoning Application, a check payable to the City for the associated filing fees for the Applications, and a survey of the Property in connection with this submittal. If you require any additional information or would like to discuss further this request, please contact me at 305-579-0737. Thank you for your attention to and favorable consideration of this matter. Sincere Iris Escarra cc: Mr. Daniel Abreu, Abreu Development, LLC Enclosures MIA 184281245v2 CITY OF MIAMI Map TR-2 Major Throughtares by Functional Classification (2004) LEGEND Principal Arterial Interstate - Urban Principal Arterial Freeways Sr Expressways - Urban Other Principal Arterial - Urban Minor Arterial- Urban Collector - Urban Local - Urban ® City of Ivlianu Borurdary Miami -Dade County Ports Highways j `',li Major Roads Local Roads Water THE CDRRADINO GROUP Exhibit "B" CITY OF MIAMI OFFICE OF ZONING MEMORANDUM TO: Gilberto Psi fiori3a, Attorney at Law FROM: Barnab it; Zoning Administrator DATE: February l 012 RE: Zoning Interpretation 12-0001 This Zoning Interpretation is issued to clarify the procedures for accessory or incidental parking.' There are properties throughout the City of Miami ("City") that have dual zoning. Many of these properties have the principal use in one Transect Zone and the associated accessory parking in a second Transect Zone. The issue presented for this Zoning Interpretation is what requirements must a property comply with when its principal use is in one Transect Zone and its accessory parking is in a separate Transect Zone. Section 3.3.1 of Miami21 states that lots "assembled into one ownership that encompass more than one Transect Zone shall be developed according to the corresponding Transect regulation for each Lot." Accordingly, pursuant to Section 3.3.1, both Transect Zone requirements must be complied. When accessory parking is located in a Transect Zone, it is only authorized ifit complies with the requirements of that particular Transect Zone. Because accessory parldng is incidental and subordinate to the principal use, the principal use must also comply with the requirements of the particular Transect Zone. To illustrate the issue, consider a property that has dual zoning of both a T6-8-O Transect Zone and a T4-R Transect Zone. Article 4, Table 3 of Miami21 indicates that general commercial . uses.are allowed. by right in a T6-8-0 Transect Zone but strictly prohibited in a T4-R Transect Zone. As Section 3.3.1 of Miami21 indicates, both Transect Zone requirements must be complied with in order to allow the principal use of a general commercial use. Because the T4-R Transect Zone strictly prohibits general commercial uses, the accessory parking is likewise prohibited. There is a provision of Section 3.3.1 of Miami21 that arguably presents conflicting authority on this issue. Specifically, Section 3.3.1 of Miami21 also states that "T4 Lots adjacent to T5 or T6 Lots may provide parking for adjacent Lot uses, and shall follow all other T4 requirements including Liner requirements. Access for such parking shall be provided only through the T4- 0, T5 or T6 Lot." An inference can be made that because this section refers to parking in a T4 Lot for the adjacent lot, parking is thus allowed regardless of whether the principal use is allowed. This section,however, roust be read in conjunction with the remaining portions of Miami21, including the above -cited portion of Section 3.3.1. Accordingly, if the actual use is not allowed in the specific Transect Zone, the corresponding accessory parking is likewise not Accessory parking is parking that is customarily incidental and subordinate to the principal use. The terms accessory_and-incidental-are-interchangeable_and _for-the_purposes-of-this-Zoning Interpretation, -the -term -accessory — - parking shall be used. --- — Doc. No.: Doc (2) (2) (2) (5) (2) allowed. The language concerning T4 lots is meant to solely address uses that are allowed in a T4 Transect Zone. In addition to the statutory construction analysis above, deference must also be paid to the intent of Mia.mi21 and the zoning atlas. Article 4, Table 1. of Miami21 indicates that T4 Transect Zones are "primarily residential urban fabric with a range of building types including rowhouses, small apartment buildings, and bungalow courts." T6 Transect Zones, on the other hand, "consists of the highest density and greatest variety of Uses." (Emphasis added). Accordingly, the intent of Miami21 is to have lower impact commercial uses in a T4 Transect Zone and keep it primarily residential. Parking for an associated use in a T6 Transect Zone which is of a higher density and more variety does not comply with this intent. In conclusion, accessory parking is only authorized in a Transect Zone if the principal use in which the parking is associated is also allowed in the specific Transect Zone.2 This interpretation shall be final unless appealed to the Planning, Zoning, and Appeals Board within 15 days of the date of its issuance. cc: Francisco Garcia, Director of Planning Victoria Mendez, Assistant City Attorney Office of Zoning Office of NET 2 This Zoning Interpretation is limited to the applicability of Article 4, Table 3 to accessory parking. Assuming the accessory parking is authorized, it must also comply with the remaining provisions of Miami21 including, but not limited -to; Article-3-w-ith-respect to -heat island-effects-Artiele5-with-respect to -design and -location -criteria, _--.-._-and Article 9 with respect to landscaping requirements. Doc. No.: Docl (2) (2) (2) (5) (2) Prepared by and return to: Iris Escarra, Esq. Greenberg Traurig 333 Avenue of the Americas 44th Floor Miami, FL 33131 escarrai@gtlaw.com DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned ABREU DEVELOPMENT, LLC., a Florida limited liability corporation (collectively, the "Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the owner of that certain property located at 1725 NW 18 Street and 1729 NW 18 Street, in the City of Miami, Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Owner proposes the development of a retail structure located at approximately 1818 NW 17 Avenue, in the City of Miami, Miami -Dade County, Florida (the "Commercial Site"); and WHEREAS, Owner is submitting applications for a Comprehensive Plan Amendment and Rezoning of the Property to allow for a surface parking area to provide accessory parking to the Commercial Site; and WHEREAS, Owner seeks to assure the City of Miami that the Property will be restricted to accessory parking to support the retail uses at the Commercial site. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Abreu Development, LLC., hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. MIA 184281754v1 EXHIBIT "C" 2. Surface Parking Restriction. Owner hereby restricts restrict the use of the Property to the proposed accessory parking to support retail uses at the Commercial Site. As such, the Property shall be restricted from the development of additional height, intensity and density. 3. Term. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the following: (i) then owners of the Property (or if any portion of the Property has been submitted to the condominium association governing such condominium in lieu of all of the owners thereof) AND (ii) the Directors of the Departments of Planning and Zoning of the City of Miami, or their respective designees or successors, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. 4. Modification, Amendment, Release. This Unity of Title may only be modified, amended or released as to the Property, or any portion thereof, by a written instrument executed by the, then, owner(s) of the Property, including joinders by all mortgagees, if any, provided that the same is also approved in writing by the Zoning Administrator and the City Attorney, as to legal form. 5. Enforcement. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants in this Declaration. The prevailing party to 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/her attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 6. Law. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. This instrument is governed by the laws of the City of Miami, Miami -Dade County and the State of Florida. 7. Reservations. All rights, remedies and privileges granted herein shall be deemed to by cumulative and the exercise of any one or more shall neither be deemed to constitute an election or remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 8. Recordation. This Declaration shall be recorded in the Public Records of Miami - Dade County at the expense of the owners of the Property. The City of Miami Zoning Department, 444 SW 2"d Avenue, 4th Floor, Miami, Florida 33131 shall be furnished a copy within thirty (30) days of recordation. MIA 184281754v1 2 [SIGNATURE BLOCKS NEXT PAGES] MIA 184281754v1 Signed, sealed, executed and acknowledged on this day of A.D., 2015, at Miami, Florida. WITNESSES: ABREU DEVELOPMENT, LLC., a Florida limited liability corporation Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Print Name: Daniel Abreu Title: Address: The foregoing instrument was acknowledged before me this day of 2015, by Daniel Abreu, as of ABREU DEVELOPMENT, LLC., a Florida limited liability corporation; such person is (check one) [ ] personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in the county and state named above this day of , A.D., 2014. MIA 184281754v1 NOTARY PUBLIC, State of Florida Print Name: Commission No.: Commission Expires: 4 Exhibit "D" 1. Comprehensive Plan Goals, Objectives and Policies: • Goal L U-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. • Objective LU-1.1: Ensure that land and development regulations are consistent with fostering a high quality of life in all areas, including the timely provision of public facilities that meet or exceed the minimum level of service (LOS) standards adopted in the Capital Improvements Element (CIE) of the Miami Comprehensive Neighborhood Plan. • Policy LU-1.1.1: Development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the Capital Improvements Element, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami -Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(i), F.S. • Policy LU-1.1.3: The City's zoning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities; (3) transportation policies that divide or fragment established neighborhoods; and (4) degradation of public open space, environment, and ecology. Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations. • Policy L U-1.1.7: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. MIA 184279518v1 • Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designations. • Objective LU-1.3: The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well -designed, mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). • Policy LU-1.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. • Policy LU-1.4.9: The City will continue to promote rehabilitation and adaptive reuse of vacant and underutilized spaces and provide incentives for rehabilitation of older buildings in downtown. • Objective LU-1.6: Regulate the development or redevelopment of real property within the city to insure consistency with the goals, objectives and policies of the Comprehensive Plan. • Policy LU-1.6.9: The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements. • Policy LU-1.6.10: The City's land development regulations and policies will allow for the provision of safe and convenient on -site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. • Objective LU-3-1: Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas or Urban Redevelopment Areas to facilitate redevelopment. • Policy LU-3.1.1: Continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment with a mix of uses in Urban Infill Areas or Urban Redevelopment Areas and, if not, revise said existing zoning regulations or adopt new zoning regulations to promote redevelopment. MIA 184279518v1 2. Miami 21 Purposes and Intent. • It furthers the purpose of the Miami 21 Code to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City and to provide a wholesome, serviceable, and attractive community, including without limitation protection of the environment; conservation of land, energy and natural resources; improved mobility; more efficient use of public funds; greater health benefits of a pedestrian environment; historic preservation; provision of recreational and open spaces; reduction of sprawl; and improvement of the built environment and human habitat. • Improving the relationship between low Density Residential neighborhoods and adjacent Commercial Corridors with appropriate transitions of Density and Height following the theory of the Transect • A diversity of land use should be distributed throughout the City to enable a variety of economic activity, workplace, residence, recreation and civic activity. • Development should adequately accommodate vehicles while respecting the pedestrian and the spatial form of public space. MIA 184279518v1 REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamiqov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning,. Zoning and Appeals Board and the City Commission. The application submittal date thQ` date stamped by Hearing Boards' staff on this page. The responses to this applicatio'must m be typed and signed in black ink. All pertinent and accurate information/documentation the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid rgceipt The applicant is responsible for the accuracy of the information contained in the applicatiiTh 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 o ariy 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 (8Y2x11 ") 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 2 MIA 184252602v1 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Iris Escarra, Esquire on behalf of 1808 FD LLC 2. Subject property address(es) and folio number(s): 1725 NW 18 Street and 1729 NW 18 Street Folio Nos. 01-3134-013-0390 and 01-3134-013-0380 3. Present zoning designation(s): T3-O 4. Proposed zoning designation(s): T4-L N O 5. 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 desig5nation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 8'/zx11 copy of the survey of thWproperty 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 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. 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? Approx. .015 acres 18. What is the purpose of this application/nature of proposed use? Rezone properties Rev. 07-2013 3 MIA 184252602v1 REZONING APPLICATION 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 3rd Floor for information. no 21. What would be the anticipated duration of the presentation in front of the: x Planning, Zoning and Appeals Board 15 mins and/or X City Commission 15 mins 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-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) $ .50 $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, 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 $ 1,500.00 $ 150.00 $ 4.50 f. Meeting packa•e cling fee per package $ 6.00 *Fees over $ b - p 'd in the form of a certified check, cashier's check, or money order. Signatur - � �, / / Address 333 SE 2nd Avenue Name Iris Escarra, Esquire Miami, Florida 33131 Telephone 305-579-0737 E-mail escarrai( gtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ! day of January 20 15 , by Iris Escarra who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did no take an oath. (Stamp) ,jI Signature 4 •`"" `e''% MARISOL RODRIGUEZ f. •• ,\j• : Notary Public - State of Florida My Comm. Expires Sep 27, 2018 -;F�Commission # FF 153039 Rev. 07-2013 MIA 184252602v1 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Iris Escarra, Esquite , 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, X including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Iris Escarra Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this IL/ day of 20 15 , by Iris Escarra _ who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did nottake an oath. ,t(i%Ae (Stamp) Signature 4:P ''''''''''' MARISOL RODRIGUEZ Notary Public - State of Florida 4 t,: ry sc My Comm. Expires Sep 27, 201 `4' Commission # FF 153039 Rev. 07-2013 5 MIA 184252602v1 REZONING 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, andlor any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) 1808 FD LLC Percentage of Ownership See attached Exhibit "B" Subject Property Address(es) 1725 and 1729 NW 18 Street See attached Exhibit "A" 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): 1808 NW 17 Avenue Bellevue Sub P8 3-119 W 123ft O+ivner(s) or Attofney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE of E 133ft of Lot 49 and W 123 ft of E 133 ft of Lot 50 Owners) or Attorney Sign ture The foregoingwas ackno !edged before me this day of January 20 15 , by / 4/1/ e-17 (7f who is a(n) individual/partner/agenticorporation of /,'O, 1) e_ 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!„_..— -- e... ` ; MAYTEE HERNANDEZ . •': MY COMMISSION # EE1625J6 t ; EXPIRES January 24, 2016 1 -: -:i90 0113 nogidaNaterySarvic+'.com Signature Rcv. 07-2013 tviiA 784252602vi 6 Exhibit "B" 1808 FD LLC is managed by: Abreu Development LLC which is owned by: Daniel Abreu 50% Grisel Abreu 50% MIA 184269411v1 City of „,.�w..\,brr Miami O(-31 34613 635ZOf c 3 ra piz_ Ic( —/ I, (.4 .TOrr-4+ * INCORP PVIED * MIAMI 21 CODE — ZONING REFERRAL i Hering Board (Planning Department) .; 444 SW 2nd Avenue,:3`d Floor Miami, Florida 33130 Address of property(ies): 1725 & 1729 NW 18 Street Attached documents are for the following permit application; Waiver Appeal Exception Special Area Plan Warrant Appeal Amendment to the Code Zoning Change Variance Other COMMENTS: Applicant seeks an extension of an existing Transect boundary pursuant to Article 7 Section 7.1.2.8(c) 1. Property at 1725 W 18 Street has a partial T3-O and T6-8-0 zoning designation and seeks to extend the. ' :'%- zoning designation to the entire property. Abutting property, 1729 NW 18 Street, seeks to extend the zoning designation from abutting -,= z-,k to replace the existing T3-O. 1 c2 Z2 ,A-( Office of Z Wing_) Date PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING December 29, 2014 Carlos Lagos, Esquire GreenbergTraurig 333 SE 2nd Avenue, Suite 4400 Miami FL 33131-3238 Re: 1725 and 1729 NW 18th Street, Application PR-14-164 Existing Zoning Designation: T3-O Net District: Allapattah Dear Mr. Lagos: During our Pre -application meeting on December 23, 2014, you presented the following request: A rezoning per Article 7, Section 7.1.2.8 (a) (3), to allow the successional rezoning of land with less than nine (9) acres. The proposal is to change the zone from T3-O to T4-L for a land area of approximately 2,268 square feet which has 17 linear feet of street Frontage on one street. The abutting transect zones are T3-0 to the west and south, T4- R to the north and T6-8-O to the east. Based on the request, staff has prepared the following comments. Please note, that said comments are not to be construed as a recommendation of approval. Staff's comments are: 1. The deadline to submit a complete Rezoning application is January 16, 2015. 2. Provide official documentation from the Miami -Dade County or City of Miami on how this is a legal lot. Only a legal lot may be rezoned. 3. A school concurrency letter is required; please contact the Hearing Boards Department at 305.416.2030 with questions concerning the concurrency process. 4. The applicant shall also apply for a Land Use change from Duplex Residential to Low Density Restricted Commercial to correspond with the proposed rezoning. 5. If the applicant chooses to proffer a restrictive covenant associated with the rezoning request, the document shall be submitted with the rezoning application package for review and approval by the City of Miami's Law Department and Planning and Zoning Department prior to the anticipated Planning, Zoning, and Appeals Board public hearing. 6. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots. 444 SOUTHWEST SECOND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 — WWW.MIAMIGOV.COM 111111111111111111111111111111111111111111111 This Document Prepared By and Return to: Jackie Castrillon Guaranty Title & Abstract, LLC 606 E. Broward Blvd., Fort lauderdale, FL 33301 Parcel ID Number: 01-3134-013-0380 Warranty Deed CFhi 2014-R0802327 OR Ek 29398 P9s 3665 - 3667; (3ass) RECORDED 11/20/2014 10:58:44 DEED DOC TAX 1,236.00 HARVEY RUVIN, CLERK OF COURT' MIAMI-DADE COUNTY, FLORIDA This Indenture, Made this day of November, 2014 A.D., Between Maria Elsa Perez, a single woman and Elsa Perez, a married woman, Joined by her husband Juan Perez of the County of Miami -Dade , state et Florida, grantors, and 1808 FD LLC, a Florida limited liability company whose address is: 14011 SW 20th Street , Miami, FL 33175 of the County of Miami -Date , state of Florida, grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the fallowing described land, situate, lying and being in the County of Miami -Dade State of Florida to wit: Lot 47, less the East 17 feet thereof, Bellevue Subdivision, according to the map or- plat thereof, as recorded_ in Plat Book 3, Page (a) 119, less the -North 5 feet thereof of the Publics Records of Miami -Dade County, Florida. • and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness"Whereof, the grantors have hereunto set their hands and seals the day and year first above written. 14-1006 • 9ook29398/Page38E5 CFN#20140802327 Page 1 of 3 Printed Name: Witness ed Name: Witness ri ed Witness Signed, sealed and delivered in our presence: Qo t - teiM-tsr y . (gip Printed Name: ?D /l ft L Db U VG/M R Mari Elsa rez Witness P.O. Address: 1600 Carollten Avenue #3, Metairie, LA ib6 S t e, 8, a'Fi-M 7'( Elsa Per haAdd r ��ny �> t,Miami, FL 33125 RTP'eb. Juan Perez P.O. Address: 1729 NW 1Rth Street, Miami, FL 33125 Printed Name: Witness '02-114 /dc-s STATE OF Louisiana COUNTY OF Jefferson The foregoing instrument was acknowledged before me this day of November, 2 014 by Maria Elsa Perez, a single woman who are personally ]mown to inc or who have produced their ,f — w► ri% • Name: No y Public Celedonia L. McPherson, I ota/y Public, ID # 85389 My Commission is for life (Seal) (Seal) My Commission Expires: t4-1006 Book29393/Page_3666 CFN#20140802327 Page 2 of 3 OR BK 29398 PG 3667 LAST PAGE STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this day ofNoventber, 2014 by Elsa Perez and Juan Perez who is personally known to me or who has produced Florida driver ` s license as identification, lot-1006 YADIRA BORGES MY COMMISSION t FF 070983 EXPIRES: November 18, 2017 ncam. Bedded Thru Budget Notary Services oF Printed Name: Notary Public My Commission Expires: // / // / -7 Book293981Paae3667 CFN#20140802327 Page 3 of 3 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: HOME ADDRESS: CITY: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE: Florida ZIP: HOME PHONE: CELL PHONE: FAX: EMAIL: BUSSINESS or APPLICANT or ENTITY NAME 1808 FD LLC BUSINESS ADDRESS: 14 011 SW 20 ST (Address Line 1) Miami, F1 33175 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning of properties located at 1725 and 1729 NW 18 Street, Miami, Florida 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? El YES Q 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. n/a b. c. * Additional names can be placed on a separate page attached to this form. 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. 1f2( Signature Print Name Sworn to and subscribed before me this day of �,A-X) L 4_T , 20Q T . The foregoing acknowledged before me by Da4 j A‘I/2 , who has produced as identification and%or is personally own to nre and who dididid not take an oath. instrument wcS STATE OF FLORIDA CITY OF MIAMI MY COMMISSION °4AYTEE H EXPIRES: ; COta M SSIOPP it EXPIRES January 24, 201 — ,-- 9ervcctm Enclosure(s) otery Print Name Doc. No.:86543 Page 2 SKETCH OF RECORD SURVEY OF: 1 725-1 729 N. W. 18th STREET, MIAMI, FL. LEGEND: OWINKANON PLA▪ T uNDE! M SEAMS AND aBTW. WSW OM PLATS Or MORO BASED (CI � w ) tt CUP COMMTM ME R.c.v RONDA= MACROS ME NV. 0_ WPM aLINION SOMME. RNA PORNO WIDE • cARTFRIME O WV PAL BOX o COMOREIE MAIER ROLE AUSE • cm Rum. CAS NM O STNN NON WNW( 6 RAM RATER �� aibu-i. u�wsss oncvwss wrzo VIEW 1 Q NOT (0 SCALE .._._i . ..ww, ;M t\.A=.�rrvrrk\rtix �~ 18thljWfCE "�-+;I� - cawx DNrvr N) 311. MIT -1- 4' (CAwr wuN g r.--3. 4 dlJ.W., 18th 517v---- ; i--":"�e r„F. w MMrM� IRI,N,� EAR:rcN NW mNn NW ISO St NW TAM Smarr VICINITY MAP NOT TO SCALE LEG!. OERAIPNov: rowers OWED RT rem FD EEC'MRS w ROMMO PErvtrco nu Tr, 3 TAME OR. TESS Mt ROM 3 MT MEMO, OA ME For66 RECORDS OF ( NOIN `OO7T 0BB, f r in0I-0rs.-ar3-aao) rN M M F6100 Ewa OF T+TO MA Mr MAMA. As .NecOMED6636 MOMS NY IMAR-DADE SURVEY NOTES ITCPERN VOW rrtaar W S NOT ABSTRACTED rum worse. n freer" coegmu Nrw t-nan we M1M1ii 3 rt60A STOREY IS So017.0 9Y SEWN. Or MN,. RIR BUMPING va6AND MAPPER MOT WO NNW ME TN KAN. NOW MRS. SOIM OF Wv UTE Cr R.M. rMip AN 45 OF x'MTe'IT' E. Nmc TN Mvm Mw .3 ME MOTTENTY MOM WNW LW WPM NOM FOX AY LOW'- M.A. ATE �r N .E MN WV A=FOR R ACT. MUTE OP AM Or ITN FEATURE MK MN OM HE a CwmBpED AS A NDRE> rATESEMS Mt M COMM. EMamx •WDRMATw W Ms BOA.MMle EACWAA 1 K GUARANTEE Mr AMNIONS ON TAIS MOD CoMMT"PO EgCOMPEOT TOLL rm■WOE S OMBR9MEP IT MDA[FAt6 w6 STMOOTASwsuaM) TO TO °ME ACCURACY CURACY Of MCOM E oNANINI RS MOANED M mar MEN WOE PACTR MMS NHERRNO w mB MOM c wwA"xM Ac4°0'CIORi.1tlMOF ME MFONWWROX COMINNEDMS PP CNCTA NATO,. L w ITICATA MEOwnm mACCUM9°OACY IN COW. OROMw Eunwr c .TRAY CONTACT W. "" By10W a rrpe wuRPREO AT NW. LEM Aim .CAB OMUTA AROTITEeB.W. aF.rIS 10. RIM.. OWNS. F DOROION ENTS BARE MCA LOCATED Aw Ara MN MOWN MREMK e6TAUAITOM nor A¢ MOT NOW rxNeax. ANNE NNW.0 ME a MIT mmerMrso u6M3S STATE FOR i D rOM'LOr OU O MN Of t, No rI ME Rumor mom Hog. roxnas . ra Ades (e.cw sower rtq). WE OR UM.. SWOOP.WADS (r AM. NOT LOCATED OR NOW MWREay. AOOmONS ON MEIN. TO SOMA WBs ON REPORTS n ON. MCA ME STOMP run ON PRAMS ANE NMUMA MNMar MnM Munro OF TW Sior6c FART ON AWNS TM T6 NEWTON Sane WENN An DOOM MED M Arn a YAW mr nWc un ROM TO ME 1POWw a w LOG= Ar TNc wrseOrcm woo TO ME AMMO. moor% worm mom O NOV (ow sN) 2fl A°w'i'MorivrAL ;tom MAN ENE; MEATS AND NTW.Np2 NOBS {r WY). NOT Df5 StAhre 6 EERIIFED l4 Upper L.0 WPM ONNXWENT. TACT 0111W 1.1 NM,. FA.. CNNOO NNW.. mow.. EERIEkA0C rnys re, TE APO �1 c A SO:"0, MOIRMICS O ROM maw MS Mr0.0 mnr xi NO s MAPPER MO 0080 am La 7531 * ,. Z 1 C OE4LL NNN SED Mom moon OFINIXOSRA 11.7114 moan J11,1,1:1 Ulrmamm Tor FL1407-1357-02 01 01