HomeMy WebLinkAboutApplication & Supporting DocsWEISS SEROTA HELFMAN
COLE & BIERMAN, P.L.
ATTORNEYS AT LAW
2525 PONCE DE LEON BOULEVARD, SUITE 700
CORAL GABLES. FLORIDA 33134
WWW.WSH-LAW.COM
April 16, 2015
TONY RECTO, ESQ.
TRECIO®WSH-LAW.COM
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VIA HAND DELIVERY c.n 310
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Mr. Francisco Garcia � • 7
Planning Director rn -°,.t,
City of Miami .11
444 SW 2nd Avenue, 3rd Floor = r'
Miami, Florida 33130
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Re: Supplemental Letter of Intent in Support of Applications for ComprehensivT
Neighborhood Plan ("Comp Plan") Amendment and Rezoning of the Properties at
53-61 NE 41 Street, and 50-68 NE 42 Street to Allow Construction of the Institute
for Contemporary Art
Dear Mr. Garcia:
As you know, our firm represents the Institute of Contemporary Art, Miami, Inc. ("ICA
Miami") in connection with the development of properties it owns at 53 NE 41 Street, 61 NE 41
Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street (collectively, the "Property").
Please accept this letter as a supplement to ICA Miami's pending applications for Comp Plan
Amendment and Rezoning of the Properties (the "Applications").
The Applications request to change the entire Property's Comp Plan designation to
"Major Institutional, Public Facilities, Transportation, and Utilities," to change the zoning of the
Property's three "North Parcels" from T3-L to T4-O, and to change the zoning for the Property's
two "South Parcels" to T5-O. That said, it is our understanding that you and your staff would
prefer that the entire Property were rezoned to CI and you intend to recommend the same to the
City Commission —we fully agree with and welcome the recommendation.
As we have discussed, ICA Miami does not intend to construct a building on the North
Parcels but instead wishes to use the parcels as a sculpture garden. That said, ICA Miami is
sensitive to the fact that the North Parcels are in a residential neighborhood and recognizes that
the potential CI zoning for the North Parcels could allow redevelopment of the Property
consistent with abutting zones —including the more commercial areas located to the south. I am
writing to ease any concerns that might arise with respect to future development of the North
Parcels. Again, ICA does not contemplate any redevelopment of the North Parcels except to
construct a sculpture garden. In the event that the North Parcels are rezoned to CI, ICA would
CORAL GABLES, FLORIDA FORT LAUDERDALE, FLORIDA
305-854-0800 954-763-4242
Ms. Francisco Garcia
April 9, 2015
limit any future redevelopment of the North Parcels to a height of 23 feet a height that is
commensurate with the surrounding residential neighborhood.
Thank you for your assistance with this matter. We look forward to working with you and
your staff to process these applications as quickly as possible, and to your favorable
recommendation. Please contact me if you would like to discuss the foregoing or if I can be of
any assistance.
TR/
2873.001
cc: Vanessa Acosta, Esq.
Schiller Jerome, Buena Vista East
Very Truly Yours,
Tony Recio
2 OF 2
WEISS SEROTA HELFMAN
GOLE & BIERMAN, P.L.
MITCHELL 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-DADE OFFICE
2525 PONCE DE LEON BOULEVARD
SUITE 700
CORAL GABLES, FLORIDA 33134
TELEPHONE 305-854-0800
FACSIMILE 305-854-2323
WWW.WS H-LAW.COM
BROWARD OFFICE
200 EAST BROWARD BOULEVARD • SUITE 1900
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770
Ms. Olga Zamora
Chief of Hearing Boards
City of Miami
444 SW 2"d Avenue 3rd Floor
Miami, Florida 33130
*OF COUNSEL
**SENIOR COUNSEL
March 2, 2015
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 SCHWARTZSEID
PABLO A. TAMAYO
JOANNA G. THOMSON
PETER D. WALDMAN•
ALICIA H. WELCH
SAMUEL I. ZESKIND
Re: Letter of Intent in Support of Applications for Comprehensive Neighborhood Plan
("Comp Plan") Amendment and Rezoning of the Properties at 53-61 NE 41 Street,
and 50-68 NE 42 Street to Allow Construction of the Institute for Contemporary Art
Dear Ms. Zamora:
Our firm represents the Institute of Contemporary Art, Miami, Inc. ("ICA Miami") in
connection with the development of properties it owns at 53 NE 41 Street, 61 NE 41 Street, 50
NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street (collectively, the "Property"). ICA Miami is
seeking to develop the Property as a museum of contemporary art, a civic building financed
through private donations that promises to be South Florida's premier museum displaying
extensive collections of the most innovative and exciting contemporary artists in the world. The
purpose of the enclosed applications (the "Applications") is to amend the Comp Plan designation
and zoning transect of the Property to a designation and transect that is consistent with
1 of 4
w—a
Ms. Zamora
March 2, 2015
development of a civic building housing civic functions. Because of the civic nature of the use,
the City of Miami (the "City") is a co -applicant.'
ICA Miami is dedicated to promoting the work of contemporary artists, and to the
exchange of art and ideas throughout the City, County, and internationally. Through its art
collections, an energetic calendar of events, and regular programming, ICA Miami has provided
an international platform for the work of established and emerging artists, has advanced the
public's appreciation and understanding of today's most innovative and experimental art, and has
left an indelible mark on Miami's arts community. Formerly connected to the Museum of
Modern Art in North Miami, ICA Miami seeks its own home, and has chosen the City, and
specifically its emerging Design District as the right location.
Before ICA Miami's new home can be constructed, however, the Property's land use and
zoning designations must be changed to designations that will permit the proposed use. The
Property is currently split between two sets of land use and zoning designations as illustrated
below.
EXISTING LAND USE DESIGNATIONS
NLnt •5'.
Duplex Residential
EXISTING ZONING
ROE am St
Note: The northern three parcels that make up the property are located within the Buena Vista East
Historic District.
The three northern parcels that make up the Property (the "North Parcels") are currently Comp
Plan designated Duplex -Residential and zoned T3-L. The North Parcels are also located within
' The City's Zoning and Planning Departments have reviewed both Applications. A copy of the Zoning
Department's referral is enclosed. The Planning Department's review is indicated by Mr. Brimo's initials at the top
right corner of the Applications. Please note the Zoning Department's comment with respect to the rezoning
Application's compliance with Miami 21 Section 7.1.2.8.c.1. Miami 21 Section 7.1.2.8.c.1 is indicated in the
highlighted portion of the attached letter to Ms Hegedus, Zoning Administrator, which explanation is restated in this
letter.
2 of 4
WEISS SEROTA HELFMAN
COLE BIERMAN & POPOK, P.L.
Ms. Zamora
March 2, 2015
Buena Vista East Historic District. The Property's two southern parcels (the "South Parcels") are
Comp Plan designated General Commercial and zoned T4-O within the Miami Design District
Retail Street SAP (the "MDDRS SAP"). To allow the proposed contemporary art museum, ICA
Miami seeks to change the entire Property's Comp Plan designation to "Major Institutional,
Public Facilities, Transportation, and Utilities." With respect to the Property's zoning, ICA
Miami believes that the most appropriate zoning designation for the proposed use would be Civic
Institutional (CI). Because the Property does not meet the area requirement in Miami 21 Section
7.1.2.8.c.12 however, ICA Miami instead makes a two-part request: (a) to rezone the North
Parcels from T3-L to T4-O; and (b) to rezone the South Parcels from T4-O and MDDRS SAP to
T5-O. Despite this request, ICA Miami would support the Planning Director's recommendation
to rezone the entire Property to Civic Institutional (CI) instead.
Analysis Pursuant to Miami 21 Section 7.1.2.8.c.2(g)
The proposed rezoning complies with the successional table listed in Miami 21 Section
7.1.2.8(a)(3) and is consistent with the overall pattern of development in the Property's
surrounding neighborhood.3 Further, the proposed museum use is appropriate in that it will play
a supporting function for both the residential neighborhood immediately north of the Property
and the commercial neighborhood to its south. In accordance with Miami 21 Section
7.1.2.8.c.2(g), the enclosed Applications include an aerial map of the Property's vicinity, a copy
of the zoning atlas showing the zoning within a one-half mile radius of the Property, and photos
of buildings within 300 feet of the Property. As the enclosed materials illustrate, the Property lies
on the border between the predominantly commercial Miami Design District to the south and the
predominantly residential Buena Vista East Historic District to the north. The proposed museum
use will create a civic buffer between these two areas. In fact, ICA Miami's current conceptual
site plan for the Property (see enclosed)4 would transform the Property's three northern parcels
into a park -like open space for the outdoor exhibit of art and as a potential community gathering
space. The enclosed portion of the museum building would be set back approximately 100 feet
from the Property's north property line and would be located entirely on the Property's south
parcels. In other words, the portion of the Property that is currently zoned T3-L will effectively
become open space. The proposed museum will serve as both a resource to the local community
and an anchor to the regional and international shoppers lured by Miami's Design District.
2 Miami 21 Section 7.1.2.8.c.1 reads: "Except where the proposal for rezoning of property involves an
extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty
thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street...."
3 Rezoning the Property to CI also complies with the successional table of Miami 21 and would also be
consistent with development in the surrounding neighborhood in that Miami 21's development standards for CI
zoning require that development be compatible with neighboring properties.
4 The enclosed site plan is merely conceptual and is provided only as an example of ICA Miami's current
vision for the Property. Development of a museum within a T4-O or T5-O district requires the issuance of a Waiver.
Development of a museum on a CI -zoned property requires issuances of an Exception. ICA Miami is working with
Planning Department staff to develop a site plan for the required Exception and looks forward to formally
submitting such a site plan for approval in the near future.
3 of 4
WEISS SEROTA HELFMAN
COLE BIERMAN & POPOK, P.L.
Ms. Zamora
March 2, 2015
In light of above, the enclosed materials, and additional information we will be providing
at and in the lead up the necessary public hearings before the PZAB and City Commission, we
respectfully that the City approve the enclosed Applications. Please schedule these for hearing
before the PZAB at the next available meeting. Please contact me if you would like to discuss the
foregoing or if I can be of any assistance.
cc: Mayor Tomas Regalado
Norman Braman
Stephen Helfman
Vanessa Acosta
Edward Martos
Enclosures
2873.001
Very Truly Yours,
4 of 4
WEISS SEROTA HELFMAN
COLE BIERMAN & POPOK, P.L.
COMPREHENSIVE PLAN APPLICATION '�✓
Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information.
1. Applicant(s): Tony Recio, Esq. on behalf of Institute of Contemporary Art, Miami, Inc., together
with joint applicant, the City of Miami
7,7
2. Subject property address(es) and folio number(s): 53 NE 41 Street(01-3124-024-13M), ea, NE 41
Street (01-3124-024-1330), 50 NE 42 Street (01-3124-024-1'20), 58 NE 42 Street 1-324-024-
1210), and 68 NE 42 street (01 3124-024-1200) %"
3. Present designation(s): General Commercial and Duplex -Residential
,r-
4. Future designation(s): Major Institutional, Public Facilities, Transportation, and Utilities
t �
5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the
Zoning Atlas, per F.S. 163.3184(3)(e)? A rezoning is being requested concurrent with this
application. If yes, please contact Planning at 305-416-1400.
6. Has the designation of this property been changed in the ;ast year? If so, when? No
7. Do you own any other property within 200 feet of the subject property? No
If yes, has the property been granted a Land Use Change within the last year? N/A
8. One (1) original, two (2) 11x17" copies and one (1) 8'hx11 copy of the survey of the property
prepared by a State of Florida registered land surveyor within six (6) months from the date of the
application.
9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description.
11. At least two photographs showing the entire property showing land and improvements.
12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
14. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
15. Certified list of owners of real estate within 500 feet of the subject property.
Rev. 07-2013 2
COMPREHENSIVE PLAN APPLICATION
16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
17. Original Public School Concurrency Management System Entered Requirements form.
18. The subject property(ies) cannot have any open code enforcement/lien violations.
19. What is acreage of the project/property site? 0.644 acres (28,085 sq ft)
- ribtAb,..
20. What is the prse of this application/nature of proposed use? Contemporary Art I seuvilltoi
21. Is the property within the boundaries of a historic site, historic district or archeol ica ,e?
Please contact the Planning and Zoning Department on the 3rd Floor for information, Ythe
Buena Vista East Historic District 'c
22. Is the property within the boundaries of an Environmental Preservation District? PleaseL?_pntt the
Planning and Zoning Department on the 3rd Floor for information. No. "-}
-rs
r-
23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and
Zoning Department on the 3rd Floor for information and further instructions. No
24. What would be the anticipated duration of the presentation in front of the:
2'Planning, Zoning and Appeals Board 20 minutes and/or O'City Commission
25. Cost of processing according to Section 62-22 of the Miami City Code*:
a. Application to Amend the Comprehensive Neighborhood Plan per acre
b. Advertising
c. School Concurrency Processing
d. Mail notice fee per notice
e. Meeting package mailing fee per package
20 minutes
$ 5,000.00
$ 1,500.00
$ 150.00
$ 4.50
$ 6.00
*Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order.
Signature
Name Tony Recio
Telephone 305-854-0800
Address 2525 Ponce De Leon Blvd, Ste 700
E-mail
Coral Gables, Florida 33134
trecio@wsh-law.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 9th day of April, 2015, by Tony Recio, Esq., who is
an agent of Institute of Contemporary Art Miami, Inc. a Florida non-profit •rporation. He is personally
known to me and who did (did not) take an oath.
(Stamp) Signature
tot.'::
P.kc MARILYN SOMODEVILLA
* MY COMMISSION # EE 116532
EXPIRES: September 13, 2015
oe Bonded Thai Budget Notary Services
Rev. 07-2013
3
COMPREHENSIVE PLAN APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared roNyREiio dN /5V11Av OP �Nsrir/16 4
ColvrEMfotiMlly Aar, M;,er►%I rpdr, , who being by me first deposes and says:
1. That he/she is the owner or the legal c epresentati'ie of Mr e 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.
To t /
Ipplic_ ar�t(s) �Va�e tNsmI r.i fore
vy LoNr ityd y
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Applicant(s) Signature
The foregoing was acknowledged before me this 13th day of February 2015, by Totiy R Ecia ,
Esq. who is a(n) individual/partner/agent/corporation of Institute of Contemporary Art Miami, Inc. a
Florida non-profit corporation. He is persvrraffq-krreiam to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Signature
o1Par rpe
MARILYN SOMODEVILLA
MY COMMISSION # EE 116532
EXPIRES: September 13, 2015
Bonded Thru Budget Notary Services
Rev. 07-2013 4
COMPREHENSIVE PLAN APPLICATION
DISCLOSURE OF OWNERSHIP
1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code
requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a
presentation, request or petition. Accordingly, disclosure of shareholders of corporations,
beneficiaries of trusts, and/or any other interested part'es, together with their address(es) and
proportionate interest are required. Please supply additional lists, if necessary.
Owner's Name(es) Institute of Contemporary Art Miami, Inc.
Percentage of Ownership 100%
Subject Property Address(es) 50, 58, and 68 NE 42 Street; and 53 & 61 NE 41 Street, Miami
Florida
The Institute of Contemporary Art Miami Inc is a Florida noi-profit corporation. A list of current
board members is attached as Exhibit "B"
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
rowy IRectu
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this
20 1 it by %v�y (E ci , Esq., who is
Inc. a Florida non-profit corporation. He is ponal
as identification and who did (did not) take
(Stamp)
s) or
Owne Attorney Signature
/3r' day of renarMtty
an agent of Institute of Contemporary Art Miami,
ly known td'T or who has produced
an oath.
Signatur
P
TEOF F%-
MARILYN SONVuL `;:LLA
* MY COMMISSION # EE 116532
EXPIRES: September 13,2015
Bonded Thru Budget Notary Services
Rev. 07-2013 5
EXHIBIT A
LEGAL DESCRIPTION
Lots 4, 5, 6, 19, and 20, plus the Western %2 of Lot 21 of Block 8, BILTMORE Subdivision,
according to the plat thereof, recorded in Plat Book 6 at Page 67 of the public Records of Miami -
Dade County, Florida
EXHIBIT "B"
2014 BOARD OF DIRECTORS
FOR PROPERTY OWNER/APPLICANT
INSTITUTE OF CONTEMPORARY ART, MIAMI, INC.
Irma Braman, Chair
Ray Ellen Yarkin, Chair/President
Sheldon Anderson, Vice Chair
Andrew Smulian, Vice Chair
Paula Morabito, Treasurer
Janice Lipton, Secretary
Executive Committee
Board of Trustees
Tom Bloom
Ella Fontanals-Cisneros
Michael Collins, Chair Emeritus
Aldona Czernecka
Dr. Kira Flanzraich, Chair Emeritus
Jorge Gonzalez
Barbara Herzberg
Joanne Katz
Jan Lewis
Diane Lieberman
Arlene Mendelson
Evan Reed
Joan Levien Robertson
Raquel Scheck
Lenore Sender
Jackie Soffer
Deepak Soni
Debi Wechsler
Honorary Trustees
Rosalind Jacobs
Cindi Nash
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:
Tony Recio
(First Name)
(Middle) (Last Name)
HOME ADDRESS: 2525 Ponce de Leon Blvd., Ste. 700
(Address Line 1)
(Address Line 2)
CITY: Coral Gables STATE: Florida ZIP: 33134
HOME PHONE: 3 0 5 8 5 4 0 8 0 0 CELL PHONE: 3 0 5 9 9 2 6 8 4 7 FAX:
EMAIL: trecio@wsh-law.com
BUSSINESS or APPLICANT or ENTITY NAME
Institute of Contemporary Art, Miami, Inc. c/o Tony Recio
BUSINESS ADDRESS: 2525 Ponce de Leon Boulevard, Ste. 700
(Address Line 1)
Coral Gables, Florida 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.
Comprehensive Plan Amendment to Major Civic Use and rezoning to T4-0 / TS-0 and outside
the MDDRS SAP all in order to allow construction of a contemporary art musesum.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES ❑X NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a.
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
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
()My RrC1'0
Print Name
Sworn to and subscribed before me this /3 11 day of f 4,1.'A , 211 foregoing
ed before me byThe
instrument was acknowledged f rO/vy ��G/ l� who has produced
as identification and/or isjjersonally known to me and who did/did not take an oath.
STATE OF FLORIDA F A/ "
CITY OF MIAMI
MY COMMISSION Notary
EXPIRES: tPp Y Pus
p ; %et, MARILYN SOMOUEVILLA
MY CO M!Ssp # EE 116532
* },_y-- *
Enclosure(s) s`" ��!' EXPIR{epiE;mmbee 13, 2015
�44.OF Fl.P��P Bonded Thru Budget NotaryServices
Doc. No..86543 Page 2
CERTIFIED COMPANY RESOLUTION
The undersigned hereby certifies that s/he is the je 4-cur of the institute of
Contemporary Art, Miami, Inc., a Florida not -for -profit corporation, e "Company") and that the
following is a true and correct copy of the resolutions adopted by the Board of Trustees on January 20,
2015.
RESOLVED by the Board that the Company approves of the filing with the City of
Miami of Application for Land Use Change, Rezoning, for Exception(s), and for any
related requests (collectively, the "Applications") for the properties located at 53 NE 41
Street, 61 NE 41 Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street, all in
Miami, Florida; and be it
FURTHER RESOLVED that the Irma Braman, Ray Ellen Yarkin, Janice Lipton, and
the undersigned are authorized to execute any and all documents on behalf of the
Company; and be it
FURTHER RESOLVED that Steven Helfrnan, Esq., Tony Recio, Esq. and Edward
Martos, Esq., of the law firm of Weiss, Serota, Helfman, Cole, Bierman, & Popok, P.L.,
are authorized, directed and empowered to execute any and all application forms,
petitions, and other documents necessary to effectuate the Applications, and to represent
the Company at all meetings and hearings in connection with the Applications.
The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and
effect and have not been modified or rescinded.
Dated this Zel_ day of January, 2015.
INSTITUTE OF CONTEMPORARY ART, MIAMI, INC.,
a Florida not -for -profit corporation
Print Name: v
Its: l / C &= / 770
STATE OF fiery d4
COUNTY OF ;o(e_ )
I hereby certify that before me, an officer duly qualified to take acknowledgments, personally
appeared ,%"yLe ,l>irki , as of the Institute of Contemporary Art, Miami,
Inc., a Florida not -for -profit corporation, who is personally 1TC10Wri to me or who has produced
as identification and who execute 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 January, 2015.
SI ATURE 0 PERSO AKING AKNOWLEDGEMENT (stamp
Notary Public State Of Florida
Janice Barney
y,c. My Commission EE123891
of M1 Expires O8/21/2015
City of Miami
Public School Concurrency
Concurrency Management System Entered Requirements
Applicant Fields
Information
Application Type
Public Hearing
Application Sub -Type
Land Use
Application Name *
Institute for Contemporary Art, Miami
Application Phone *
305-854-0800
Application Email *
trecio@wsh-law.com and emartos@wsh-law.com
Application Address *
2525 Ponce De Leon Bvld, St. 700
Coral Gables, Florida 33134
Contact Fields
Information
Contact Name *
Tony Recio or Edward Martos
Contact Phone *
305-854-0800
Contact Email *
trecio@wsh-law.com and emartos@wsh-law.com
Local Govt. Name
City of Miami
Local Govt. Phone
305-416-1400
Local Govt. Email
GDGay@ci.miami.fl.us
Local Govt. App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-3124-024-1320
Additional Folio Number
01-3124-024-1330; -1220; -1210; -1200
Total Acreage *
0.644
Proposed Land Use/Zoning *
Major Inst., Public Fac., Trans., and Utilities
Single -Family Detached Units *
0
Single -Family Attached Units (Duplex) *
0
Multi -Family Units *
0
Total # of Units *
0
Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local
government has provided vested rights; or for an already improved property which does not have to be re -platted as
deemed by the local govemment. The number of units to be input into the CMS is the net difference between the existing
vested number of units and the newly proposed number of units.
Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls
for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less
the newly proposed 4 units).
Required Fields forApplication *
EQwdRd MA a(t,j
Owners)/Attorney/Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owner(s)/Attorney/Alicant Signature
The foregoing waad� acknowled ged before me the I day of A PIZ 1 /
20 / ,by GDWARo MArtru5
who is a(n) individual/partner/mut/corporation of ,Cpi T O$ COMn. Agri 44;4^i a(n)
individual/partnership/£prporation. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath. o P • �B( � � +* Y COMMISSION # EE 116b 2
Signatu' P EXPIRES: September 13,2015
TFOF F`OQ'�O Bonded Thru Budget Notary Services
Cenvtezr€o Acv-uc-c,
q/9/is
(Stamp)
111111111111111111111111111111111111111111111
CFN 2014-R0881115
OR Bk 29443 F'9s 0309 - 310; (2pss)
RECORDED 12/24/2014 11:49:21
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE COUNTY COVER SHEET
DOCUMENT TITLE:
CERTIFICATE OF GOOD STANDING
LEGAL DESCRIPTION: NONE
NOTE TO CLERK: NONE
Book29443/Page309 CFN#20140881115 Page 1 of 2
OR Elk 294-4-3 PG 0310
iA PAGE
1Jti•1.
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I certify from the records of this office that INSTITUTE OF CONTEMPORARY
ART, MIAMI, INC., is a corporation not for profit organized under the laws of the
State of Florida, filed on July 1, 2014.
The document number of this corporation is N14000006264.
I further certify that said corporation has paid all fees due this office through
December 31, 2014, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
CR2E022 (1-11)
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Nineteenth day of December, 2014
VPAk fai
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lti r r4 • Nei • Nor 1�'?r• V i N.0.7 a(•N 7,f 1 IR.1I • Itiai . l o1 ! 1%T,1 0 NO • S
Book29443/Page310 CFN#20140881115
Page 2 of 2
111111111111111111111111111111111111111111111
PREPARED BY AND RETURN TO:
JAN A. YELEN
YELEN & YELEN, P.A.
1104 Ponce de Leon Boulevard
Coral Gables, Florida 33134
Property Appraisers Parcel
Identification Number(s): 01-3124-024-1200
f:1F' N +2O14RO.85_5u8' u
DR Bk 29429 Pss 0390 - 391; (2P95)
RECORDED 12/15/2014 13:24:46
DEED DOC: TAX 4r200.00
SURTAX 3450.00
150.00
HARVE`r` RUVIFIr CLERK OF COURT
MIAMI-DADE COUNTY? FLORIDA
(Space Above This Line for Recording (Data)
THIS WARRANTY DEED made the h day of December, 2014 by MARIE ANNE ST. JEAN, a single
woman, hereinafter called the grantor, to INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida
Non -Profit Corporation, whose post office address is 4040 N.E. 2nd Avenue, Suite 407, Miami, Florida 33137,
hereinafter called the grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
WITNESSETH: That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and
other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, conveys and confirms unto the grantee, all that certain land situate in Miami -Dade County,
Florida, to wit:
Lot 4, Block 8, BILTMORE ADDITON, according to the Plat thereof, as recorded
in Plat Book 6 at Page 67 of the Public Records of Miami -Dade County, Florida.
Subject to taxes for the year 2015 and all subsequent years.
Subject to easements, restrictions, limitations and reservations of record. This shall
not serve to reimpose any restrictions, etc. previously abandoned or terminated.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land
in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby
warrants the title to said land and will defend that same against the lawful claims of all persons
whomsoever.
Book29429/Page390 CFN#20140855888 Page 1 of 2
OR BK 29429 PG 0391
LAST PAGE
Warranty Deed -Page Two
Parcel Identification Number(s): 01-3124-024-1200
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in the presence of:
tiati-giqrrimi a19-67)1
MARIE ANNE ST. JEAN
3122 N.W. 13th Avenue
Miami, Florida 33142
Print Witness Name
Witness Signature
6/n
Print Witness Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this J day of December, 2014 by
MARIE ANNE ST. JEAN, who is personally known to me or who has produced 6_,&WPP..a to as
identification.
JANA.YELEN
* MY COMMISSION t FF 052384
EXPIRES: September 17, 2017
*two, BendedibrvendsONAaryStrvfcee
Book29429/Page391 CFN#20140855888 Page 2 of 2
This Document Prepared By and Retum to:
JAN A. YELEN '
YELEN & YELEN PA
1104 Ponce de Leon Blvd
Coral Gables, FL 33134
Parcel ID Number: 01-3124-024-1220
SPECIAL WARRANTY DEED
1111I 1111111111111111111111111111111111111111
_FN 217.11 5Ft0 $23830
OR Bk 29463 Ps 0460; (1n9)
RECORDED 01/13/2015 14:33:32
DEED DOC TAX 0.60
HARVEY RUVINr CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
LAST PAGE
THIS INDENTURE made this i *day of January, 2015 between TRADE WINDS MIAMI LLC, a Delaware
Limited Liability Company, whose address is 4040 N.E. 2nd Avenue, Suite 407, Miami, Florida 33137, Grantor and
INSTITUE OF CONTEMPORARY ART, MIAMI, INC., a Florida Not -for -Profit Corporation, whose address is 4040 N.E.
2nd Avenue, Suite 407, Miami, Florida 33137, Grantee.
WITNESSETH that the Grantor, for and in consideration of the sum of ($10.00)
TEN AND 00/100 DOLLARS
and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns
forever, the following described land, situate, lying and being in the County of Miami -Dade, in the State of Florida
to wit:
Lot 6, Block 8, BILTMORE, according to the Plat thereof, as recorded in Plat Book 6,
Page 67 of the Public Records of Miami -Dade County, Florida.
Subject to taxes for 2015 and all subsequent years. Subject to easements, restrictions, limitations and
reservations of record. This shall not serve to impose any restrictions, etc. previously abandoned or
terminated.
Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and
warrants the title against the lawful claims of all persons claiming by, through, and under it but not
further otherwise.
IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year first
above written.
Signed, sealed and delivered
in our presence. Delaware Limited Liabili. .mpany
Witness Sig trltre�,(
Print Witness N me
Witns Signature
Print Witness Name
TRADE WINDS MIAMI LLC, a
By:
JAN A. Y
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this �4'1— day of January, 2015 by
JAN A. YELEN as Manager of TRADE WINDS MIAMI LLC, a Delaware Limited Liability Company, who is
personally known to me or has produced
gym" HELENE M. RIGGER
GOMM SSION # EE 167251
ts Pf Boridea EXPIRES:
Notary Public lindenkribs
as identification.
Book29463/Page460 CFN#20150023830
Page 1 of 1
'This Doctiment Prepared By and Return to:
JAN A. YELEN
YELEN & YELEN PA
1104 Ponce de Leon Blvd
Coral Gables, FL 33134
Parcel ID Number: 01-3124-024-1210
11111111111111111111111111111111111111111111
SPECIAL WARRANTY DEED
CFN 2014R0884543
OR Bk 27445 Ps 05111 (1pg)
RECORDED 12/29/2014 11217:35
DEED DOC TAX 0.60
HARVEY RUVIU, CLERK OF COURT
.1IANIT DADE COUNTY, FLORIDA
LAST PAGE
THIS INDENTURE made this Of day of November, 2014 between MPDD LLC, a Florida Limited Liability
Company, whose address is 3841 N.E. 2nd Avenue, Suite 400, Miami, Florida 33137, Grantor and INS 111 UE OF
CONTEMPORARY ART, MIAMI, INC., a Florida Not -for -Profit Corporation, whose address is 4040 N.E. 2nd Avenue,
Suite 407, Miami, Florida 33137, Grantee.
WITNESSETH that the Grantor, for and in consideration of the sum of ($10.00)
TEN AND 00/100 DOLLARS
and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns
forever, the following described land, situate, lying and being in the County of Miami -Dade, in the State of Florida
to wit:
Lot 5, Block 8, BILTMORE, according to the Plat thereof, as recorded in Plat
Book 6, Page 67 of the Public Records of Miami -Dade County, Florida.
Subject to taxes for 2015 and all subsequent years. Subject to easements,
restrictions, limitations and reservations of record. This shall not serve to impose
any restrictions, etc. previously abandoned or terminated.
Grantor covenants that it is seized and possessed of the said land and has a right to convey it,
and warrants the title against the lawful claims of all persons claiming by, through, and under it
but not further otherwise.
IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year first above
written.
Signed, sealed and delivered
in our presence:
Act ckQ
Witness Signatu
\ck-ec &C\Cki3Vck
Print Witness Name
(ath1ft
Witness Signature
A I i e ►'A P. W E ICI-4
Print Witness Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MP
invited Liability Company
;Mak
G
N, Manager
The foregoing instrument was acknowledged before me this Ord day of November, 2014
by STEVEN GRETENSTEIN, as Manager of MPDD LLC, a Florida Limited Liability Company, who is
personally known to me medtteed ay -ides- ion
AWCIAM.016•WELCH
* MY COMMISSION 1 EE 85927E
,r' t EXPIRES: April
18,2017
TFOF FLco�° Bonded Theo Budget Notary Services
Notary Public
Book29445/Page511 CFN#20140884543
Page 1 of 1
111111111111111111111111111111111111111111111
This instrument prepared by:
Linda Ebin-Levine, Esq.
Design District Management, Inc.
3821 NE 2'd Avenue, Suite 400
Miami, FL 33137
Grantee's Tax ID No.
[Space Above This Line For Recording]
CFH 20014-R0881114
OR Bk 29443 F'ss 0295 - 3008; (14nss)
RECORDED 12/24/2014 11:49:21
DEED DOC TAX 0.60
HARVEY RUVINr CLERK OF COURT
tilAtiI-DADE COUNTY: FLORIDA
Special Warranty Deed
This Special Warranty Deed made this day of December, 2014 ("Effective Date"),
between MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, whose post
office address is 3841 NE 2"d Avenue, Suite 400, Miami, Florida 33137 ("Grantor"), and
INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida not -for -profit corporation,
whose post office address is 4040 NE 2"d Avenue Suite 200 Miami, Florida 33137 ("Grantee"):
(Whenever used herein the terms Grantor and Grantee include all the parties to this
instrument and the heirs, legal representatives, and assigns of individuals, and the successors and
assigns of corporations, trusts and trustees)
Witnesseth, that said Grantor, for good and valuable considerations to said Grantor from
said Grantee, the receipt and sufficiency whereof is hereby acknowledged, has granted,
bargained, and conveyed to the said Grantee, and Grantee's heirs and assigns forever, the
following described land, situate, lying and being in Miami -Dade County, Florida ("Property"),
to -wit:
Lots 19, 20 and the West Y2 of Lot 21, Block 8, of BILTMORE, according to the Plat
thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of Miami -Dade
County, Florida.
Property Appraiser's Identification No's. 01-3124-024-1320 and 01-3124-024-1330
SUBJECT TO:
1. Taxes for the year 2015 and subsequent years;
2. Zoning restrictions, prohibitions and other requirements imposed by governmental
authority; and
3. Restrictions, limitations, covenants, easements, rights of way, conditions, encumbrances,
and other matters of record (none of which are intended to be reimposed by this
conveyance).
NOTE TO RECORDER: THE SUBJECT PROPERTY IS BEING CONVEYED PURSUANT TO A DONATION
AGREEMENT BETWEEN GRANTOR AND GRANTEE WHEREBY GRANTOR AGREED TO DONTATE THE
PROPERTY TO GRANTEE. ACCORDINLY, NO DOCUMENTARY STAMP TAXES OR SURTAXES ARE DUE
PURSUANT TO FLORIDA ADMINISTRATIVE CODE SECTION 12B-4.014(2)(a).
1
1032309.v2
Book29443/Page295 CFN#20140881114 Page 1 of 14
Together with all the tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the Grantor does hereby fully warrant the title to said land, and will defend the same
against all lawful claims of all persons claiming by, through or under Grantor, but against none
others.
And this conveyance is made and accepted subject to the following restrictive covenants
("Deed Covenants"), which shall run with the Property and shall bind Grantee, its successors and
assigns:
A. Grantee shall construct a museum and/or art exhibition building ("Museum
Building") on the Property which will exhibit contemporary art/art of our time, in a museum
setting ("Museum"), which Museum shall at the time of its opening to the public contain at a
minimum the works of art listed on Exhibit A attached hereto and made a part hereof less up to
five (5) of the works.
B. The Museum Building will be of superior quality and will be designed, developed
and constructed in compliance with all applicable covenants, conditions and restrictions of
record, laws, ordinances, codes, rules, regulations or requirements and that certain Development
Agreement with the City of Miami filed September 19, 2014, in Official Records Book 29314,
at Page 1880 (as amended from time to time, the "Development Agreement"). The Museum to
be located in and operated from the Museum Building shall be a fully functioning contemporary
art/art of our time exhibition hall or museum, and shall show or exhibit contemporary art/art of
our time, in a museum setting, with exhibitions, programs, educational programs and events, all
similar to the manner in which the museum known as the Museum of Contemporary Art, North
Miami which was previously located at 770 NE 125th Street, North Miami, Florida ("Prior
Museum") was operated as of June 1, 2014. In connection therewith, the Museum Building
may be used as the venue for fundraisers for and other events relating to the Museum and may
be rented for private events (the rental or fees paid for the use thereof to benefit the Museum),
so long as none of the same prevent the Museum Building from primarily being used as a
contemporary art/art of our time exhibition hall or museum. Grantee shall, at Grantee's sole
cost and expense, engage developers, construction managers, architects and/or contractors
("Grantee's Design/Construction Team") in order to provide necessary services to design,
develop and construct the Museum Building, provided that all of Grantee's Design/Construction
Team shall be subject to the prior written approval of Grantor's Affiliate (defined below).
Grantor's Affiliate shall respond to any request for approval of any member of Grantee's
Design/Construction Team ("Member Request") within fifteen (15) days after receipt by
Grantor's Affiliate of such Member Request together with such information regarding such
member as Grantor's Affiliate shall reasonably request, and if Grantor's Affiliate does not
respond to such Member Request within such fifteen (15) day period, then such request shall be
deemed approved. "Grantor's Affiliate" means the record owner at any point in time of the
property and building located thereon commonly known as the Palm Court Building, 140 NE
39TH Street, Miami, Florida ("Palm Court Property"), which the parties acknowledge currently
is Oak Plaza Associates (Del.) LLC.
2
1032309.v2
Book29443/Page296 CFN#20140881114 Page 2 of 14
C. Grantee shall pay all costs and expenses with respect to the design, development,
construction, zoning, maintenance and operation of the Museum Building and the Property.
D. The plans and specifications for the Museum Building, which Grantee shall
deliver to Grantor and Grantor's Affiliate no later than twelve (12) months after the Effective
Date, shall be subject to the prior written approval of Grantor and Grantor's Affiliate, which
approval shall not be unreasonably withheld or delayed.
E. Grantee shall commence construction of the Museum Building on the Property
within eighteen (18) months after the date the Grantor and Grantor's Affiliate have approved in
writing the plans and specifications submitted by the Grantee for the Museum Building, as such
date may be extended by Unavoidable Delays (defined below). For purposes of this Agreement,
"Unavoidable Delays" means delays due to storms, acts of God, strikes, lockouts, labor
troubles, inability to procure labor or materials or reasonable substitutes therefor, failure of
power, governmental requirements or governmental delay in issuing permits or sign -offs, fire or
other casualty damage, war or civil disorder, acts of terrorism, or other causes beyond the
reasonable control of Grantee; provided, however, Unavoidable Delays shall not include delays
resulting from changes in economic or market conditions, or financial or internal problems of
Grantee that can be satisfied by the payment of money.
F. Grantee shall complete construction of the Museum Building and obtain final
certificate(s) of occupancy therefor within forty-eight (48) months after the Effective Date, as
such date may be extended by Unavoidable Delays.
G. Grantee shall open the Museum and the Museum Building to the public within
sixty (60) months after the Effective Date, as such date may be extended by Unavoidable
Delays; provided, however, in any event the Museum and the Museum Building must be open
to the public within eighty-four (84) months after the Effective Date.
H. Grantee shall obtain the written consent of Grantor's Affiliate prior to any transfer
of the Property (which consent shall not be unreasonably withheld or delayed), and any such
transfer shall be subject and subordinate to the Deed Covenants (provided, however, that at all
times the Grantee shall be permitted to obtain construction and/or permanent financing for the
Museum Building and/or the Property without the consent of Grantor's Affiliate, provided that
any mortgage or other encumbrance evidencing and/or securing such financing shall be subject
and subordinate to the Deed Covenants). Upon completion of construction of the Museum
Building and the opening of the Museum and the Museum Building to the public, Grantee will
thereafter continuously operate and maintain the Museum Building as a superior quality
contemporary art/art of our time museum or exhibition hall in a similar manner as the Prior
Museum was being operated, and which Museum shall be the principal museum of Grantee.
Grantee will not use or permit the Property and/or the Museum Building to be used for any
other purpose without the prior written approval of Grantor's Affiliate; provided however that
the Museum Building may be used as the venue for fundraisers for the Museum and other
events relating to the Museum and may be rented for private events, so long as the same do not
prevent the Museum Building from primarily being used as a contemporary art/art of our time
exhibition hall or museum, as provided above.
3
1032309.v2
Book29443/Page297 CFN#20140881114 Page 3 of 14
I. In the event (i) the Property and/or Museum Building ever ceases to be used and
operated as the principal museum of Grantee and as a contemporary art/art of our time
exhibition hall or museum, that exhibits contemporary art/ art of our time in accordance with
Paragraph B above, or (ii) a violation of any of the other Deed Covenants shall occur, and such
event shall continue for thirty (30) days following written notice to Grantee ("Default Notice"),
then Grantor's Affiliate shall have the right (but not the obligation), in its sole and exclusive
discretion, by written notice given to Grantee (the "Direction"), to direct Grantee to convey (at
Grantee's sole cost and expense) all right, title and interest of Grantee in and to the Property and
all improvements and fixtures then located thereon to another charitable organization that is
exempt from federal income tax and of the same classification for tax purposes as Grantee
("Eligible Organization") selected by Grantor's Affiliate, in its sole and absolute discretion.
Upon receipt of the Direction, Grantee shall immediately convey the Property, improvements
and fixtures to the Eligible Organization unless Grantee shall, in good faith, within ten (10)
business days after receipt of the Direction, contest the Direction and the assertion in the
Default Notice that the Property is not being used for the Museum in accordance with
Paragraph B above and as the principal museum of Grantee or that Grantee has violated any of
the other Deed Covenants. If Grantee timely contests the Direction and the assertion, then the
parties shall agree upon a neutral third party Florida Supreme Court certified mediator whose
final decision regarding the use of the Property and compliance with the Deed Covenants shall
be final and binding. If the Grantee does not timely contest Grantor's Affiliate's assertion that
the Property is not being used in compliance herewith, or if a mediator determines that the
Property is not being used in compliance herewith, then the Grantee shall (at Grantee's sole cost
and expense) immediately execute and deliver to Grantor's Affiliate and/or the Eligible
Organization any documents, including without limitation an appropriate deed and bill of sale
(in recordable form if required), requested by Grantor's Affiliate and/or the Eligible
Organization to accomplish the conveyance to the Eligible Organization pursuant to the
Direction (collectively, "Conveyance Documents"). If Grantee breaches, or threatens to commit
a breach of, its obligations to deliver the Conveyance Documents and vacate the Property
pursuant to the terms herein, then Grantor's Affiliate shall have the right and remedy to have
Grantee's obligations to deliver the Conveyance Documents and to vacate the Property pursuant
to the Direction specifically enforced by any court of competent jurisdiction without the
necessity of posting a bond, it being agreed that any breach or threatened breach of such
obligations would cause irreparable injury to Grantor and Grantor's Affiliate and that money
damages would not provide an adequate remedy to Grantor and Grantor's Affiliate, which right
and remedy is in addition to, and not in lieu of, any other rights and remedies available to
Grantor or Grantor's Affiliate under law or in equity. Upon the contemplated conveyance of the
Property and all improvements and fixtures (it being understood that the art owned, being
exhibited at or otherwise located within the Museum Building are not improvements or fixtures)
then located thereon to the Eligible Organization, Grantee shall have no further right, title or
interest in or to the Property or the improvements and fixtures then located thereon. Grantee
and any other occupants shall vacate and surrender the Property immediately upon its
conveyance thereof. In the event that Grantor's Affiliate consents (in its sole and absolute
discretion) to any transfers of the Property by Grantee in the future, the transferee will be
subject to the Deed Covenants and the Deed Covenants will be included in the deed to be
delivered to transferee in connection with such transfer. Any notices to Grantee pursuant to this
Paragraph shall be sent to the person and address for the owner of the Property listed in the
4
1032309.v2
Book29443/Page298 CFN#20140881114 Page 4 of 14
Miami -Dade Property Appraiser's records at the time such notice is given.
The aforesaid Deed Covenants may be terminated or amended, and any portion thereof may be
waived, only by a written agreement executed by Grantor or Grantor's Affiliate and joined in and
consented to by the Grantee or its successor(s) in interest to the Property.
In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signatures on Following Page
5
1032309.v2
Book29443/Page299 CFN#20140881114 Page 5 of 14
Signed, sealed and delivered in our presence:
Arld A -
QJJLO11L1LLL
MIDNIGHT RAMBLER, LLC, a Delaware limited
liability company, by MDDA Phase III Holdings,
LLC, a Delaware limited liability company, its sole
member, by Mi. ' Design District Associates
Manager, elaware limited liability
compan
Bv:
enstein, Vice President
STATE OF FLORIDAR
COUNTY OF Miami- h4b
The foregoing instrument was acknowledged before me this day of December,
2014 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC,
a Delaware limited liability company, on behalf of that company as the Manager of MDDA
Phase III Holdings, LLC, a Delaware limited liability company, on behalf of that company as the
sole member of MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, on behalf
of that company. He is personally known to me.
atulD G. LL/11.0-.
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
My Commission Expires:
[SEAL]
6
1032309.v2
ALICIA ALONSo-WEIGH
MY COMMISSION # EE 859276
04�19EXPIRES: April 18, 2017
Fl � Batded'Nu Budget Notary Savaes
Book29443/Page300 CFN#20140881114 Page 6 of 14
EXHIBIT A
WORKS OF ART
Artist
Work
1
Abakanowicz, Magdalena
Black Balls/Seated Balls
III
2
Ackermann, Rita
African Nurse
3
Ackermann, Rita
Firecrotch
4
Alys, Francis
Sin titulo (Untitled)
5
Arcangel, Cory
Apple Garage Band
Auto Tune
Demonstration
6
Arsham, Daniel
ODE/EON (Marquee)
7
Augustyniak, Mathias
M/M Wallpaper Poster
8
Azaceta, Luis Cruz
Homage to James Ensor
9
Baldessari, John
Palm Trees
10
Baldessari, John
Three Red Paintings
11
Balkenhol, Stephan
Untitled (Seated Man)
12
Bas, Hernan
Dearest Margaret, With
the exception of Paul's
complexion the
expedition is going
(well) [well
strikethrough]as
planned...
13
Bas, Hernan
Fleeting Moments
14
Bas, Hernan
Slim Fast Silhouette
15
Bas, Hernan
Untitled (Crystal Bali)
16
Baumgarten, Lothar
Land of the Silent Dogs
17
Baxter, Bhakti
Black Onyx Wall with
Light Source
18
Benglis, Lynda
Female Sensibility
19
Bock, John
Zero Hero
20
Bourgeois, Louise
Untitled
21
Bulloch, Angela
Ann Lee Konnektikit
22
Burr, Tom
Bush Laid Bare
A-1
1032309.v2
Book29443/Page301 CFN#20140881114 Page 7 of 14
23
Burton, Jeff
Untitled #26 (black
couch)
24
Burton, Jeff
Untitled #37 (red
plaid/white socks)
25
Capelan, Carlos
Untitled
26
Capelan, Carlos
Untitled
27
Castaneda, Consuelo
Betty-Kahlo
28
Chetrit, Talia
Vase/Screen
29
Chetrit, Talia
Vasegram #3
30
Copley, William
Birdshot
31
Copley, William
Longpont
32
Cordova, William
Music for the Morning
After
33
Cordova, William
Untitled
34
Craven, Ann
Bird in White (for
Johnny Cash) White Bird
35
Craven, Ann
Little One Eye (White
Bird #2)
36
Crewdson, Gregory
Untitled
37
Crewdson, Gregory
Untitled
38
Curlet, Francois
Witness Screen/Ecran
Temoin
39
D'Arcangelo, Alan
Landscape III
40
Delaveleye, Nick
Untitled (278 Fleeting
Monuments)
41
Di Suvero, Mark
Untitled
42
Diez, Jose Antonio Hernandez
Untitled
43
Dzama, Marcel
Untitled ('Bear Season")
44
Dzama, Marcel
Untitled (Female Figure
with Bear)
45
Eisenman, Nicole
Amazon Scene
46
Emin, Tracey
Why I Never Became a
Dancer
47
Essenhigh, lnka
Poor Puppy
48
Essenhigh, Inka
Volcanic Ash
49
Fisher, Naomi
Untitled
50
Fisher, Naomi
Untitled
A-2
1032309.v2
Book29443/Page302 CFN#20140881114 Page 8 of 14
51
Flavin, Dan
Puerto Rican Lights (to
Jeanie Blake) #2
52
Fleury, Lili
A Worm in an Apple
53
Floyer, Ceal
100%
54
Fontaine, Claire
Please Come Back (K.
font: American version)
55
Friedman, Dara
Bim Bam
56
Gelfman, Lynne
Burqa, Green
57
Gillick, Liam
Ann Lee You Proposes
58
Gispert, Luis
Stereomongrel
59
Gonzalez-Foerster, Dominique
Annlee in Anzen Zone
60
Gonzalez -Torres, Felix
Untitled (Ross in L.A.)
61
Guerrier, Adler
Untitled (Airport)
62
Handforth, Mark
untitled (Lovelight)
63
Handforth, Mark
Weeping Moon
64
Henriquez, Quisqueya
Entelequia
65
Hirschhorn, Thomas
Diorama
66
Hodges, Jim
View (metallic)
67
Holstad, Christian
Empty Trust
68
Holstad, Christian
House Training #15
69
Holstad, Christian
House Training #16
70
Holstad, Christian
House Training #2
71
Holstad, Christian
House Training #25
72
Holstad, Christian
House Training #3
73
Holstad, Christian
House Training #4
74
Horn, Roni
Pair Object Via
75
Hubbard, Alex
Screens for Recalling
the Blackout
76
Huyghe, Pierre
One Million Kingdom
77
Huyghe, Pierre
Skin of Light
78
Huyghe, Pierre
Two Minutes Out of
Time -Ann Lee
79
Joseph, Pierre
Trickster Theory
80
Julien, Isaac
True North
81
June Palk, Nam
Burn Calories, Not
Octane
82
Kienholz, Ed and Nancy
The Soup Course at the
She -She Cafe
83
King, William
Amor
A-3
1032309.v2
Book29443/Page303 CFN#20140881114 Page 9 of 14
84
Kjartansson, Ragnar
Death and The Children
85
Kuitca, Guillermo
Untitled
86
Lassry, Elad
Guinevere (Green)
87
Lassry, Elad
Papayas
88
Lassry, Elad
Teal Swirl
89
Lee -Chun, Susan
You are cordially invited
to tea time
90
Leonard, Zoe
Dress & Suit (For Nancy)
91
Leonard, Zoe
Rear View (Geoffrey
Beene Fashion Show)
92
Mar, Pepe
Caneza (Orange)
93
Marclay, Christian
Whistle
94
McCollum, Allan
Surrogate Paintings
95
Meese, Jonathan
BABY ADMIRAL NULLPE,
SEA BATTLE NO
PROBLEM
96
Mendieta, Ana
Untitled (Glass on Body)
97
Mendieta, Ana
Untitled (Glass on Face)
98
Miller, John
Storage Area
99
Miralda, Antonio
Bridal Dress
100
Morley, Malcolm
Cradles of Civilization
101
Morley, Malcolm
Italian Fighter Pilot
(Ace)
102
Murata, Takeshi
Shiboogi
103
Nauman, Bruce
Lip Sync
104
Neto, Ernesto
Un pe de Sonho (A foot
of Dream)
105
Nevelson, Louise
Untitled
106
Oehlen, Albert
Ohne Titel
107
Ofili, Chris
Untitled
108
Ofili, Chris
Untitled
109
Ohanian, Melik
Ann Lee, I'm Dreaming
about a Reality
110
Olitski, Jules
Dookashee 1
A-4
1032309.v2
Book29443/Page304 CFN#20140881114 Page 10 of 14
111
Ono, Yoko
Instructions for
Photographs
112
Opie, Catherine
Justin Bond
113
Orozco, Gabriel
Blue Sandals
114
Orozco, Gabriel
Common Dream
115
Orozco, Gabriel
Migration
116
Orozco, Gabriel
Vinud's Ladder
117
Owens, Laura
Untitled
118
Pardo, Jorge
Round Light, Darker on
the Bottom
119
Pardo, Jorge
Subscription Lamp II
120
Pardo, Jorge
Subscription Lamp II
121
Pardo, Jorge
Subscription Lamp 11
122
Pardo, Jorge
Subscription Lamp 11
123
Pardo, Jorge
Subscription Lamp II
124
Pardo, Jorge
Subscription Lamp II
125
Pardo, Jorge
Untitled
126
Parreno, Philippe
Anywhere Out of the
World
127
Parreno, Philippe
Untitled (fireworks)
128
Perez, Enoc
Peter's Vase
129
Perez, Enoc
Seagram Building, New
York [After a
photograph by Ezra
Stoller]
130
Pettibon, Raymond
Untitled (Hang Ten of
'em)
131
Pettibon, Raymond
Untitled (Mother
Atlantis)
132
Pettibon, Raymond
Untitled (No
cockleshells or
pukashells)
133
Pettibon, Raymond
Untitled (Oh, me if)
134
Pettibon, Raymond
Untitled (Onward West)
135
Pettibon, Raymond
Untitled (Outside and
overhead)
136
Pettibon, Raymond
Untitled (Surf? Yea, but
why sir?)
A-5
1032309.v2
Book29443/Page305 CFN#20140881114 Page 11 of 14
137
Pettibon, Raymond
Untitled (They are for
the taking)
138
Pettibon, Raymond
Untitled (We must
conquer)
139
Pettibon, Raymond
Untitled (Where, in
sooth, goest thou out?)
140
Pettibon, Raymond
Untitled (Why do they
call it hanging ten?)
141
Phillips, Richard
Annlee Afterlife
142
Pierson, Jack
IDOLS
143
Pierson, Jack
Untitled
144
Rauschenberg, Robert
Cardbird Box
145
Resnick, Milton
My Birthplace is 0
146
Rey, Tao
Conversation
147
Rhoades, Jason
More Moor Morals and
Morass
148
Ritchie, Matthew
Fast Set (Abraxas, The
Child)
149
Ritchie, Matthew
Fast Set (Dynamis, The
Astronaut)
150
Ritchie, Matthew
Fast Set (En Soph, The
Child)
151
Ritchie, Matthew
Fast Set (Los, The
Golem)
152
Ritchie, Matthew
Fast Set (Mixis, the
Actress)
153
Ritchie, Matthew
Fast Set (The Astronauts
Gloves)
154
Ritchie, Matthew
Fast Set (The Second
Law)
155
Ritchie, Matthew
the hour of the apple
156
Rodriguez, Norberto (Bert)
Let's Not Talk About It
157
Rohn, David
Gymnasts
158
Ruby, Sterling
Monument
Stalagmite/Skulldragged
159
Ruscha, Edward
Nine Swimming Pools
A-6
1032309.v2
Book29443/Page306 CFN#20140881114 Page 12 of 14
160
Ruscha, Edward
Real Estate Oportunities
161
Ruscha, Edward
Royal Road Test
162
Ruscha, Edward
Some L.A. Apartments
163
Ruscha, Edward
The Sunset Strip
164
Ruscha, Edward
Thirty Four Parking Lots
in L.A.
165
Ruscha, Edward
Untitled Rooftops
166
Ruscha, Edward
Untitled Rooftops
167
Ruscha, Edward
Untitled Rooftops
168
Ruscha, Edward
Untitled Rooftops
169
Sanchez -Calderon, George
(Untitled) Artist's Father
Standing Inside of the
Niche
170
Sanchez -Calderon, George
(Untitled)1-395 Freeway
and Construction
171
Sanchez -Calderon, George
(Untitled) Woman
Standing Inside of the
Niche
172
Sanchez -Calderon, George
Niche
173
Scanlan, Joe
Last Call Do -It Yourself
(Annlee)
174
Schiff, Melanie
Circle and Branch
175
Schiff, Melanie
Hellroom
176
Schiff, Melanie
Ramped
177
Schnabel, Julian
Lola
178
Serrano, Andres
Ecco Homo
179
Shonibare, Yinka
Lady Na Master
180
Sider), Ann -Soli
Station 10 and Back
Again
181
Simmons, Gary
Scat Cab
182
Simmons, Xaviera
Harvest
183
Stark, Jen
Enchant
184
Steir, Pat
Kyoto Chrysanthemus
185
Therrien, Robert
No Title (Black Chapel)
186
Therrien, Robert
Untitled #100 (Steeple)
A-7
I032309.v2
Book29443/Page307 CFN#20140881114 Page 13 of 14
OP t3K 29443 PG 0308
LAST PAGE
187
Tiravanija, Rirkrit
Untitled (ghost reader
C.H.)
188
Trecartin, Ryan
Ready (re'Search
Wait'S)
189
Tunga de Barros Carvalho e Mello,
Jose
Untitled
190
Turrell, James
Cam (from Still Life
Suite)
191
Turrell, James
Enzu (from Still Life
Suite)
192
Turrell, James
Gard (from Still Light
suite)
193
Turrell, James
Site Plan Roden Crater 1
194
Turrell, James
Squat (from Still Light
suite)
195
Tuttle, Richard
9 Quantities, 2 to 1 Inch
Square
196
Tuttle, Richard
Two Red Squares
197
Tuttle, Richard
Untitled
198
Tuttle, Richard
Untitled
199
VanDerBeek, Sara
Druid Hill
200
VanDerBeek, Sara
Mirror, Hollywood
Boulevard
201
VanDerBeek, Sara
Thursday and Sunday
202
VanDerBeek, Sara
Treme School Window
203
Vaney, Anna Lena
Asleep in the Deep Ann
Lee No Ghost Just a
Shell
204
von Rydingsvard, Ursula
Untitled (Big Bowl)
205
Weiner, Lawrence
Broken Off/Beached
206
Welling, James
IBHT
207
Wesley, John
Dream of Unicorns
208
Willis Thomas, Hank
Exxon Black Street Art
209
Willis Thomas, Hank
It's The Real Thing!
210
Willis Thomas, Hank
So Glad We Made It,
1977/2006
A-8
1032309.v2
Book29443/Page308 CFN#20140881114 Page 14 of 14
Address
City
of Miami
MIAMI 21 CODE -ZONING REFERRAL
cc/ £ 6 4"8 ti/t- L5/
C ;',1-- OP Or
x"f4 sib -.=
Hearing Board (Planning Dept)
444 Soutrviest 2nd Avenue. 3rd floor
Miami, Florida 33130
of property(ies):
J -‘/ /VE ./
Attached documents
for
the following permit application:
Waiver appeal Exception
Special Area Plan
Warrant appeal Amendmend
to the Code Zoning Change
Variance Other
COMMENTS:
6-7/i'/
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Office
Zonin
ate
Gonzalez, Francisco
From: Gonzalez, Francisco
Sent: Tuesday, February 17, 2015 11:38 AM
To: 'Tony Recio (TRecio@wsh-law.com)'
Cc: Hegedus, Irene S.
Subject: 53-61 NE 41 St and 50-68 NE 42 St.
Good morning Tony,
Please note that your rezoning application for the above referenced properties from T3-L and T4-O to Civic Institution
(CI), do not meet the rezoning criteria of Article 7 Section 7.1.2.8.c, as follows:
1. The proposed lots zoned T3-L & T4-O are not extensions of an existing transect zone Cl.
2. The proposed lots T3-L & T4-O to be rezoned only total approximately 28,125 square feet, which is less than the
40,000 square feet of minimum land area.
3. The proposed lots T3-L & T4-O to be rezoned only total approximately 150 lineal feet of street frontage on one
(1) street, which is less than the 200 lineal feet minimum of street frontage on one (1) street.
Therefore, your submitted package is ready for pickup in my office at your earliest convenience (the sooner the
better).
Regards,
Francisco Gonzalez
Zoning PCans Processor
Department of Planning and Zoning
1f (305) 416-1489
Fax,(305) 416-1490
fgonzafez@miamigov. com
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15 NE 41 Street
Facing east.
4029 N. Miami Avenue
Facing south.
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23-31 NE 41 Street
Home of the De La Cruz Art Collection.
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Future Home of Stardust Mixed Used Residential & Retail Projec
2715 Googla
4100 NE 1 Avenue
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4141 N. Miami Ave
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GRAPHIC SCALE
SCALE : I. . SD'
ABBREVIATIONS
co. ono a cau4
LEGEND
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bone mo.
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ALTA/ACSM LAND TITLE SURVEY
of
53-61 N.E. 41st STREET, MIAMI
MIAMI-DADE COUNTY, FLORIDA 33127
for
DACRA DEVELOPERS, INC.
1
!OWNER: 8 APERMA SLVA
LMA
OWNER: ELIEZER
PIERRE-LOWS
8 COLETTE
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SURVEYOR% NOTES:
1. NAP OFALTA/ACSM LAND TIRE SURVEY:
N.E. 42nd STREET
2
1
10 9
e 7
8
6 5
4 3
2 1
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LOCATION SKETCH
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6. ADOTTIONAL NOTES:
>.- a bw. 44444 am..a.Ia lyna. «. , a , rd a:mma
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e. NOTES CORRESPONDING TO
SC)EOULE SSECTION II:
CISSECTTO
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SURVEYOR'S CERTIFICATE!
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.v.IAF,LSam1,S NOalm,me, pavy 61,011'
nam 1, O,AAae), S(o}n, 0.
Tnv IIN.wA oak anmp.l.e a Wry a,a. ,,
J. SOn1II & Associates, Inc.
anmxaa..lw.ameer r A s,0
LlW 14u
Sola nsaawn
Haldnoolc CN PILE
SMSTI WI
LOTS
BOUNDARY AND TdOPOOR;AP11TO S'UR EM
GRAPHIC SCALE
10
Ian ISETI
1
rn
a7J
,-T n 1 4
N.E. 42nd STREET IP
s
sa wos�.....R wiw. g 8
W--). .,._lard'
VB959'02.E
PA 2 TB 9
LINE TIDES
emaawe suss r,,,,,,,. A
/////e////l/
22021. make
PA PO. 87
BD59b2
.1 ION= GROUND ELEVATION MON.)
NAM eWITACI open. famcay
•
LEGEND:
ES PS
OTM
kPALM IREE
WY BRE
O uo-+r Par[ 0 WATER Vos_vr
IX MS HYDRA,
® scwrn xnxxaL
TREE TABLE
15100115 112020PaxnxA1a919922
Zoning: T3 L(SOURCE:http://www.miami2l.org/)
LOT OCCUPATION
a. Lot Area
i man.
5000 lt
Lot.. b.
SO% max. first floor
s Lot Coverall.
3 . maowfoortr3 A &T3 Larva
man
a. Floor Lot Pat,. IRA)
n/a
e. Frontage at 'Tont setback
n/a
F.Drees space kaaalmmants
t-9'w,9lTS 5,8
. Density
T3o=18 dWacre maw
MELDING
SETBACK
Principala.
b. Secondary Front
10 ht. min.
bt*thmW min.
bus
Rmin,
OUTBUILDING EfMCKU3 L0NLV1
Secondary Front
loft. min.
15
1,,
IS
la 1 Is
19 20 21 22 22 l
J
_42,14 STREET
h
P.O. 0 PG. n
20 1 21 2
N.E. 4844 STET
1 TT T TM /-
LOCATION NNETO r
1d0as.1la 11 = 10/84
LEGAL DESCRIPPON:
12Bs 4,RP cloak B,Mof BILDIMORC accor8F,Mto
SURVEYOR'S NOTES:
Platthereof, as recorded In Plot Book 0 of Page 62, al Me
Parka
- Lands shown hereon containing 5,009 square feet, or 011 acres, more or less.
- shown hereon are referenced to Me monument line of NE. 42nd street. having an °warned bearing o
ds sr.,. herean
- LanCommunity aide. y of re located in Federal Road Zone "X"a Revised: ! per Mop Number1208600SO¢ Suffix L.eonmar a.mesa der g2�tutul atutian tianm distance meon4,rn1(EOM).
- Dimensions indicated
unless otherwise noted.
- Building dimensions shown hereon were measured ground level along the exterior..
fo shown.
naysnot belocate en d or are to the exterior lace of buildingsperimeter walls. underground
- Underground improvements awn one/or underground encroachments, where they ors not H
re not shown including butnot limited to bufidings, structural appurtenances. storm drainage systems, tanks
attempt
de by the surveyor. locate
- No attempt was mode by Me e° p fo a in s.
- teamUe mineral
tghs ownership and/or rig -of-entry
appurtenant thereto.
rThere eeno visible aanro evidence of wetlands. rubbish ants, sloughs. idled in wails, cisterns an seep holes an Me
n
drbonal restrictions affecting Mrs pope-ty round In the laws of the y I Warr, and Me
smbeor Rwiaa. a
- For variances. us. permitted ne/w setback. heightand the CU, of luliami budding n
aped m sale o0es wcod.. aYsrcqu aaygvarytep 2429n oftpe iawcun
mrrmanon wan ere r ae an Mrs sa r f a rime wnaa ,f p „see to Ma �ant(s) Ieg aoansal.
- m the Notional Geodetic Vertical Datum of r929 (New-1 29), and are
refmai"E on t:,:::"owing CifY relative!
) vx. nails Washer on concrete s =5..80' (NSW 1929). located N.W. 40
sr_.) PKSNan e Washer frontMof comi ncrete sidewalk; Ele2.f 1Gs.84'-ate'=13..58' (NM. 1829), located: NE. 43
Si.--- 22Y south of a.: N.E. 42 are.---564 west of a.
ve- rification of scenntifc to
Me and of
rthatuare unknowIt n tamer rveyothat rdient consult an vrtoruk it
thereby certify to:
MPOOc LLP
ey u
,n, vo Dry arc M
✓alder saveienrPAnsaranae P r
Thot Me attached "BOUNDARY A. TOPOGRAPHIC SURVEY was prepared in accordance
with Chapter 5d-17i os set forth by ire Florida Board of Professional Surveyors and
utes
Not yolk/ pwithout tSection 2 , Florida
Me signature and original e ginal raised
ai dtseal of o Florida Licensed Surveyor
and Mapper.
yn Engineering Campo,.
319 WestFlag.Street MlamInc. l,FL 33130
(305)32
Sof Department o Agriculture
LB r. 000012grido
SURVEY OATE: 11-12-2014
Professran�5anai S. Nutl Ma2pr No. 6519
I 9tof�f Florida
Of BiSCPVIV EnnIneedna C nent In
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UNE TYPES
B'OUNUARY AND 1 ��OP rQCiR1ASJUR?VE�Y
GRAPHIC SCALE
x/x_,,e-
p �
n
,— xr..v -�- N
1
sp.gs y
axizl
_ �y
T gip
N.E. 42nd STREET °'''
50.
El WOE ;°HALTPA ENT ,
'
,Wf
loth, ion
. `a, err A.yl
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„
.r .
aeM, wera,.. .os'f) �'WI
was
n
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(
Lrc.rr.
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g
sure N8958'46•£
O
LL
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mtt
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n as
n
a
.,
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q i'/l//
464
•
jx se•s� 6�w a i/
/ /
e¢reaa.ra. etas /
Ilw
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ry muc
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5
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$
en
lzl
s car Ate 59'01£
x • elm surer= aim. rmcer,
AeseskAnove
LEGEND:
aed
p004E
etc
powER
ewe werle pOWER PO.
wNr oar
® scow e.amatE
TREE TABLE
s(
20
Pa FAN Puu
PrItchardio
10
ORIENTAL ARBORVMAE
Pelee americana
Ts
14,460 TREE
kalkno TREE
Zoning: 13 L (SOURCE: http://www.miomi21. org/)
a. Let Area
5000 sp.ft min.
It. Lot Width
50ft. min.
5096max first floor
m as. sewndfioor IT3 n &T3 Lentil
d. Floor Lot wtio/FLx1
n/a
athontsetback
n/a
f. Green space Requirement,
2S961ot area min.
I,g tedace mat ,
13 adu/sere max.;
S. Dem,,
ern 0,18 dµlaea maa:
BUILDING SEIVAER
d. Rear
2h R min.
OUTBUILDING naocw R3 LonLrl
. Principal Front
20. min.
le Secondary Front
10 ht. min.
A
10
LEGAL DESCRIPTION:
15
17
18
23
24
ME 42MNI STET
5
20
J
31.E 491a8 STREET
LOC'1'- T4ON SKETOTAI
WA/AM !" = 309'
•
poi s, In lad. B 7fa° acca,d;ng to the Plat the aT as coded Plat Baak 6 of g Tar
Reao ds of M,aml-bade Da y. ands .
SURVEYORS NOTE.
n 11am site Fes m the south cast rn,arrer of section 24, Township 3 south. 9 1 rase Miami -Dade Count,
- Lands shown hereon canto., 5,009 spore feet or 0.11 acre% more or less.
- Bearings shown hereon are referenced to the monument line of N.E. 42nd Street, having an assumed bearing of
NB958'46'E.
- Lands shown hereon are located Pederd Flood e •X'Revise,per R. Map Num er 1206600304 Suffix 4
Community Nome.: C y of Miam( Comm nity Numhe 30650,September , 2009.
u-
nless Dimensionsotherwisein icated hereon we Feld measured us ). 9 a total station electron, distance measurement (EOM
- dimensions shown hereon were measured at ground level along the extorter race.
ern ,7 ai $ e r/ of hm4fed ro bu. d g sbaa.� w ee vv 1897 9 =e,. 1tom dra egrroc 9ronnd.ks
or rubnlan woe. ' °eon''
- TFe approximate location of visible utilities shown hereon were field located.
- No attempt was mode by the surveyor to locate underground utilities.
- No otterp/ w e m y the surveyor to determine mineral rights own p rid/se g -or- y
most ereto. ode sushi -entry
- There
discnab isbl=pevn evidence of Wetlands, rubbish Rs. sloughs. Flied M wells, cisterns or seep tides on the
hereon
Sate oef Florida. [additional restrictions affecting this property round In the laws of the City or Mlom,, and the
setback, height, b density and/or parking re
referenced to the `ley at i building C rid/r same m , hype o
construction and may reavire /6 legal eyor by depending
of the
This counsel.
information can be depleted on this y t o time when It p aNded to Me surveyor by client(s) legal
w
- Elevations shown hereon are refute to the Notional Geodetic Vertical Datum or 1929 (NCVO-1929), and are
reflMAa ieBenchmarksd on the llowin9 City o
PK Nail & Washer an concrete sidewalk , Elev=1 .06'-0.26'=I5.80' (NGva I929). located: N.W. 40
South of In
ST.I) FN SNoe ee Washer Non, of concretesidmrotie 8ev.0 13.84'-0.26'-t3.58' (NG.D 182e), located: N.E. 43
ST.--- 2Y2 South at CL.: N.E. 42 Ave.— -362 West of CL
enti6ed too the Pest of our ability.
recommended Moot client consult an arbors( for
venFmhon of seen tlfic es, and trees that are unknown to this surveyor.
SURVEYOR'S CERTIFICATE :
I hereby certify to:
Pointed tlXLLC
Bade LLC
Institute of Contemporary Art Miami. Inc.
dlef,Tblcrlee lnslrance Company
III, the died "BOUNDARY AND MPOCRrwmC SURVEY- was prepared in aecordanoe
s aunt b 7,..1 42202]'Fl a dsi told of Professional Surveyors and
Not valid one e, without to gnotore and original raised seal of a norNo Licensed Surveyor
ni,op529Bisc)W West Bugler street, rt. 33I30
4-7671
LBnot 05) 31 0000129Ido Department of Agriculture
SURVEY DATE
Professional Wolfgang a M' n 19
smee ar Flan e0' No. 65
F
03-84410
err-0(4/
UNE TYPES
BOUNBARY AND TOPQ AP-1141C-' BURVE�Y
GRAPHIC SCALE
to
(wren )
1 Inch a IC It
R,97
N.E. 42nd STREET H
50' RA
n w 0/ mos ASPNAL0 PAM.,"
„onflsd'
"-' r ////////Mo /////////
ill �" %/
"277-
n / /H
/
/ Cma: £gT,3rw a w.r:.w, /
soya)
lean mane ibya-non: phfieul.
y. - x,m.asnna' arvxrmn Omni/
w
LEGEND:
® M
p Ef
aE
* uawPcl[ i
fi
® sawn MnnnaE
TREE TABLE
24
50
25
20
AaNOCANY
mhhasohl
20
WAN. MEE
15
70
UNKNOWN
JO
10
UNKNOWN
25
ao
Renee arnefireafia
Zoning: T3 L (SOURCE:http://www.miami2l. org/)
LOT OCCUPATION
a. Lot Area
5000 atilt min
h. br WtlM5096
ex. Rrrt floor
a Lot Coverage
3096 mx. second Roar (r3 R RT3 Lonlyl
d. Moor lot wtio(fwl
rya
a. frontage at front setback
Na
I. Green space R.:gammen,.
2546 rain.
.9<mm
.;aw;aeroex.,
49dwarremar,
mt
,d 1e waeemex;
WILDINGSETBACK
Principala.
secondary0. e reel
10 ft mln.
lot width total min..
et Rear
m R reN.
uuo]PGSMACK (n LONLY)
a. PrIncipal front
m Rmin.
5 Secondary Front
4.44 rt. min.
a. Side
d. Rear
sP.mn.
l
rr-
10
15
15
6
21
42AHM° STREET
I444 r
t;;PK
dI=,
24
ME. 430 STREET
IS
17.
r �TTT 1TT : ? 1 / 1
LOCATION 'TTCH
IIC448341314 0' = aoo'
LEGAL OESG,GOV:
of BILT�IORE, accenting eo the Prot thereof, as recorded in Plot Book 6, a! g 7, of the
Public6Record of Miami-Oode County, Flare a.
SURVEYOR'S
ThIs site lies In the South East Quarter of Section 24, Township 5J Sohn,. Range 41 East, Miami-00e County,
- Lands shown hereon containing 5,008 square leek, or 0.11 acres, more or lass.
N89; E wn herein ore referenced to the monument line of ALE. 42nd Street. having an assumed hearing a
hereon ore 104,44.41 In Map nun** 12086C0804 Stahl. L,
Community sums. City Miami, Carom r amber. 120650, Revise, RSep be- II, 2006.
-- Maas Dimensions
s indicatcetl hereon are fieldmeasuredg total station electronic distance measurement (EON),
wise
- Budding dlmenslans shown hereon were measured at groundlevel along the exterior face.
ha o� snei iaoretlea e to the exterior race or buildings perimeter walls, underground
shown.
- Underground ay.
ar n ,Ta nesiowwn nu 9 t not -limited to budding,. structural appurtenances. form drainage systems, tanks
shown
reon
- No attempt was mvdban ore by e eroe�prttoelocate underground grow d utilitiemcafed.
s.
- No 0ttempt w y the surveyor to determine mineralrights ownership and/or rights-0- o052
u - ?here latno h Ns01e endenre of WeNonds, rubbish sits, sloughs. Med In wells, cisterns or seep holes on the
hereon described prop.,
az.
5ce. additional restrictions affecting this property found in the laws of the City of Wog, and the
Etofe or variances,
permitted thereunder. s height, b nd/w requirements,
requlrents, rererenced to the City of adorn; budding Codes, e d/or may vary depend, o
construction and other var... matters outlined in Codes,
as
ysrepoire 0 legal interpretation of Information
can he depicted an this Sai,ey of a type of
itime nwhen it Is provided to Me surveyor y ieni(s) tega
- Elevations shown
hereon ore rue to the National Geodetic Vertical Datum of 19 9 (NGVO-i 29). and are
referenced on the following City I
Miami I)PK. Nail d: -Washer on concrete d ewalk; Elev. 16.06'-0.26'=1580' (NOV9 1929), loco ter,: N.W. 40
sc.---Sid le Washer
er CL.: N. Miami concrete
side'; Weal of CL.
ii) PK Nod &Washer in rranr or concrete sidewalk; Elev.=1584=0.26'-1558' (MGM r929), le•x.ted: NF. 43
Si.-- 27'Y Soon o! CL, N.E. 42 Ave. - 36Y Wesf a{ CL.
identified to ba client consult an ab,at For
ve- n6catlon of scientific names, and trees that are unknown to this surveyor.
SURVEYORS CERTIFICATE :
I hereby certi to:
tleslNnderM'iami, LLC
Institute of Contemporary Art Miami, Inc.
Repub.blid Title Insurance Company
mat the A sow,. was prepared In accordan0
with re - set r forth by TOPOGRAPHIC
e a of Professional surveyors and
Yappee�pursuant to Sect. a Statutes.
Not wed without the signature and orig., raised seal of a Florida Licensed Surveyor
and Popper.
BisaInc.
cayne Est ngineering ler Street, a/eeri e,Mia i, FL. 3JI30
(305) 324-7671
LB t0000 49ndo et,artrnent of Agriculture
SURVEY GATE: II-1.2-2014
74647
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8-
E. 0,
'48
b 53
W
w
03433
DACRA OEVELOPM
ff
ORDIgn
03-84410
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