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HomeMy WebLinkAboutApplication & Supporting DocsBE'RCOW RADELL &FERNANDEZ ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernandezABRZoningLaw.com VIA HAND DELIVERY July 17, 2015 Ms. Olga Zamora Planning and Zoning Department Hearing Boards Section Miami Riverside Center (MRC) 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Re: Comprehensive Plan Amendment and Rezoning for the Property Generally Located at 421 NE 82nd Street in the City of Miami, Florida This law firm represents 82nd Apartments LP; 505 NE 82nd Street LLC; 520 NE 82nd Terrace LLC; 439 NE 82nd Street LLC; and 421 82 St, LLC (the "Applicants") in relation to requests for a Miami Neighborhood Comprehensive Plan ("MNCP") amendment and rezoning of the properties located at 460 NE 82 Terrace; 500 NE 82 Terrace; 520 NE 82 Terrace; 505 NE 82 Street; 439 NE 82 Street; 433 NE 82 Street; 437 NE 82 Street; and 421 NE 82 Street in the City of Miami, Florida (collectively, the "Property"). See Exhibits A and B. The Applicant seeks a MNCP amendment of the Property from Medium Density Multi -Family Residential to Restricted Commercial as well as a rezoning of the Property from T5-R, Urban Center Zone Restricted to T6- 8-0, Urban Core Zone. Please allow this letter to serve as the required letter of intent in connection with requests for a MNCP amendment and rezoning of the Property. The Property is located west of Biscayne Boulevard, between NE 82nd Terrace and NE 82nd Street. Section 7.1.2.8(c), Miami 21 states that a rezoning of land will only be considered where the proposal involves an extension of an existing transect boundary, unless the rezoning involves at least 40,000 square feet of land area or 200 feet of street frontage on one street. The Property is approximately 98,932 square feet, or 2.2711 acres in size, and consists of 514.91 feet of street frontage on NE 82nd Street, which satisfies the rezoning criteria in Section 7.1.2.8(c), Miami 21. For the analysis pursuant to Article 7, Section 7.1.2.8(c)(2)(g) of Miami 21, please refer to Exhibit C. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Ms. Olga Zamora July 17, 2015 Page 2 We look forward to your prompt review and favorable recommendation. Should you have any questions or concerns regarding this letter, please do not hesitate to phone my direct line at (305) 377-6235. Enclosures Sin Ben Fernandez BERCOW RADELL &. FERNAN DEZ ZONING, LAND USE AND ENVIRONMENTAL LAW LEGAL DESCRIPTION: tof Z 11[0(2K Z SHERRY PAW, ACCORDING' 10 11 If KAI 1515171.501, AS RECOROED IN HAT HOOK 61 PAOF OF PIE MAIO RECORDS OF A11.441504D12 COUNTY. FIORIO4 0,01.1012601,1201,554.0126.1 4(111 r J, NOCK 2 S.,11553lY PAIN ACCORDING-10 PLAT 01F2IFOI",65. RECORIVO !CNA% 600K 63, PAGE 12, OF 1/62 PUBUC RECOROS OF .11/600ALE COUNtr FLORIDA. (FOLIO I20.01.)702454-01,76) A120 LOT 5. 1/100K Z SHERRY RORK ACCORDING 10 OIE PIA T TIYFREOF Rkr,011012 12 IN PLAT 1300K 63, PAW,' 12 OF WE PUNIC RECOROS Of' 46.16641Ilif COUNTY. FLORIDA. (F04/0NC7.0/420.0,54.0/50.) Exhibit A tor z e ESS THE S(6.011 FEET 15 MOCH I, OF 190/6 Dow. AccoNaNu 10 VIE PLA T 171EHEOF AS RECIVDEI)IN PlAt eocyc 42 PAGE 64 Of THE' P(/8LIC RECORDS OF lig/dI OADE COUNTY, FLORIDA, APO LOT 2 I.FSS TEE 501/111 5 f 81.00K 4 OP LIE 00,116, ACCOROINO TO illE16,11 711EREOF AS RECORDED 1:711211 600K ,62 Noe 64. OfME PUNIC RECORDS' OP 56AWIA4DE COUNTY, FLORIDA (1.0110 NO 014207 622,06101 AND f 4. 1,ESS me Sow) .5 PEE r 81.00( t IILUE AC0020010 TO THE PLAT P ffWEOF FS AECORDED IN PIA tIOOK 42 PAGE 64 Of rife PtietiC ReCOROS OF haildl•DAOE COUNTY. FLOR/06. (FOLIO NO 01,7207.0.23•60.0) AND 107 5. LESS ME .50001 5 FEF1 NLOCK eir810e007e nccawmva (Herm 1)1EfifOf AS RECORDED MI P4A 600K 42 FACIE 64,0f IHt PUSLIC R&CI.110' 01011666,0406 GOI4Y1Y, ICOIVOA. (tow 140.01-2267.023,09 50) AND 300/3 LESS 1 E 5'000( 51,5E7 IN 61001( t, BUIE' 00.1(e, ACOOROINO TO/1113133110/1313131121311 RECORDED IN PLAT GOOK 42, PAGE 64 OF THE PUBLIC RE005175" OF 411.4417-0,405 (;OUNT% FLORIDA (F000 N061-5267,00.2 09501 AND tors 7 ro 9, INCLUSIVE, LESS 81 SMEET 160HT OP WAKELOCK I, OF 6LUE DOME ACCOA'DINO TO THE PL,IT THEREOF 2IS RF:CORDED IN FLAT BOOK 42. PAGE 6ic Of THE PUBLIC RECOROS OF 1.1121411-0,406 corwn: Fcamaa (Folio reaoi4)742somi BERMAN RADELL t.SA FERNAN DEZ NI 1 NI , L NI ID 1.1 E IV IDE NJ V I Ft CD NJ NA N'TA L LAW Exhibit B 421 NE 8211d Street Analysis Pursuant to Article 7, Section 7.1.2.8(c)(2)(g) of Miami 21 The properties to the north of the Property are zoned T5-R. The properties to the east are zoned T6-8-O and T3-R. The properties to the south of the Property are zoned T3-L, T4-R, T5-R, CS, T6-8-0, and D1 and D2. The properties to the west are zoned T3- L, T4-R, CS T5-R and T6-8-0. The future land use designation for the properties to the north of the Property is Medium Density Multi -Family Residential. To the east of the Property, the properties' future land use is designated as Restricted Commissioner, Medium Density Multi - Family Residential and Single Family Residential, The future land use designation for the properties to the south are Restricted Commercial, Medium Density Multi -Family Residential, Recreation, and Duplex Residential, Light Industrial and Industrial. To the west of the Property, the properties' future land use is designated as Medium Density Multi -Family Residential, Low Density Restricted Commercial, Recreation, Single Family Residential, Restricted Commercial, Medium Density Restricted Commercial and General Commercial. The radius area has become increasing commercial in nature over the last several years due to the US-1/Biscayne Boulevard corridor. The area has shifted towards more commercial uses in the recent years due to its proximity to the major roadway. The proposed application would allow the Property to be developed as a mixed - use development, including residential, office and commercial uses. The proposed uses are consistent with the surrounding area in that the proposed project will serve the residential needs of the community, while providing office and community -based commercial uses similar to those that have prospered in the area. Enclosed please find photographs of the properties within a 300 foot radius of the application site. BERCOW RADEL-L. & FERNANDEZ ZONthl , LANK LI E ANO ENVIRONMENTAL LAW Exhibit C Comprehensive Plan Amendment and Rezoning for the Property Generally Located at 421 NE 82nd Street in the City of Miami, Florida Analysis pursuant to article 7.1.28(c)(2)(g) of Miami 21: The subject property is presently designated Medium Density Multi -Family Residential and zoned T5-R in recognition of the variety of low rise multi -family buildings that are now approaching more than 50 years in age. Most of these buildings are non -conforming structures that do not comply with today's Florida Building Code standards or the applicable Miami 21 transect regulations. The vast majority of land abutting and adjacent to the property on the east and the south, within 300 feet are designated for Residential Commercial development and zoned T6-8 which is consistent with the Applicant's requested Comprehensive Neighborhood Plan amendment and transect zone change. Accordingly, the requested amendments are compatible with the immediately surrounding area, It is also significant to note that the property fronts directly on NE 82nd Street which is a functional half -section line roadway in the area providing the principal vehicular connection for all traffic moving from the 79th Street Causeway to the I- 95 Interstate Highway to the west. The current land use and zoning transect for the property is inconsistent with the land use and zoning pattern on the south side of NE 82nd Street, This condition will result in inconsistent pattern of development along the roadway, Therefore, it is appropriate for this important vehicular and pedestrian corridor to be developed with a consistent transect on both the north and the south sides of the street. The proposed application would allow the property to be developed in accordance with the proposed plan prepared by Dean Lewis Architects entitled "The Wave of Shorecrest", The proposed plan will result in a mixed use development on the property that is compatible with the surrounding land uses, particularly the large 79th Street Shopping Center to the south, and the pattern of development along major corridors in this area. The project will also provide a more appropriate transition to the area to the north of the Property from the 79th Street Shopping Center that exists today. Enclosedourphotographs of properties within a 300 foot radius of the application site. RCOW RADELL & FERNAN DEZ ZONING, LAN CD USE ANb ENVIRONMENTAL LAW REZON:ING APPLICATION r -ool&s c. PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing 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 is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8'/2x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreementto 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 t our website through the "Legislative Hub", or for certified copies, contact the CityClgrlS Of i fiti3g9T-250-5360. Uto W.10430: NINNY1r1. a it Rev. 07-2013 2 REZONING APPLICATION Please refer to Article 7.1.2,8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Ben, Fernandez, Esci, on behalf of 82nd Apartments LP; 505 NE 82nd Street LLC; 520 NE 82nd Terrace LLC; 439 NE 82nd Street LLC; and 421 82 St, LLC Subject property address(es) and folio number(s): 460 NE 82 Terrace, 01-3207-054-0120; 500 NE 82 Terrace, 01-3207-054-0130; 520 NE 82 Terrace, 01-3207-054-0150; 505 NE 82 Street, 01- 3207-023-0020; 439 NE 82 Street, 01-3207-023-0040; 433 NE 82 Street, 01-3207-023-0050; 437 NE 82 Street, 01-3207-023-0060; and 421 NE 82 Street, 01-3207-023-0070 3. Present zoning designation(s): T5-R, Urban Center 4. Proposed zoning designation(s): T6-8-O, Urban Core 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 designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 81/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City 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. Rev. 07-2013 REZONING APPLICATION 17. What is the acreage of the project/property site? ± 98,932 square feet, or ± 2.2711 acres 18, What is the purpose of this application/nature of proposed use? A mixed use development including retail, residential and office uses 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, 460 NE 82 Terrace and 421 NE 82 Street are partially within a Moderate Probability archeological zone 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: ❑ Planning, Zoning and Appeals Board 20 minutes and/or ❑ City Commission 20 minutes 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, T3-0, T4-R, T4-L, T4-O, T5-R, T5-L, T5-0, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice $ 1,500.00 $ 150.00 $ 4.50 f. Meeting package mailin•, fee per package $ 6.00 *Fees over $ , 00 .00, shall ► .:d in the form of a certified check, cashier's check, or money order. Signature Address 200 S. Biscayne Blvd., Suite 850 Name Ben Fernandez, Esq, Miami, Florida 33131 Telephone (305) 377-6235 E-mail bfernandez@brzoninqlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE I The foregoing was acknowledged before me this l day of -1 2015, by Ben Fernandez, Esq, who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, PLLC 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) uu'e BETTY LLERENA Notary Public • State of Florida '= MyComm. Expires Mar 5, 2018 -0 aAP �.►*+Q>r Commission # FF 078662 SignatuAre Rev, 07-201 4 82nd Apartments LP 8171 Yonge St #185 Thornhill, ON L3T 2C6 Phone: (905) 326-4337 Fax: (905) 326-4339 LIMITED POWER OF ATTORNEY I, Gul Jacobi, as Owner of 82nd Apartments LP, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 82nd Apartments LP before the City of Miami, Florida in connection with the Request for Rezoning of the following properties located on/at: 433 NE 82nd Street; 437 NE 82nd Street; 500 NE 82nd Terrace; 460 NE 82nd Terrace; and identified by the following Miami -Dade County Tax Folio Numbers: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; and 01-3207-054-0120. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] Signed, witnessed, executed and acknowledged on this It day of , 2015. Witness Signature �ena Ieu'y Prin Wi iT, ss Signature anne U `./ Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 82ND APARTM limited par( le By: Gul Jacobi, 0 ,'ner 82na Apartmei' is LP TSP, a Florida Address: 8171 Yonge Street, #185 Thornhill ON L3T2C6 Canada The foregoing instrument was acknowledged before me by Gul Jacobi, Owner of 82nd Apartments LP, who is personally known to me or has produced DirS'z/ al.1e-,v'1 -as identification. Witness my signature and official seal this day of _.,J } i, 2015, in the County and State aforesaid. is State of Florida My Commission Expires: "tog "" BETTY LLERENA Notary Public • State of Florida My Comm. Expires Mar 5.2018 a, o CJV Commission # FF 078662 421 82 STREET, LLC C/O SHULAMIT STOCK 9033 GARLAND AVENUE SURFSIDE, FLORIDA 33154 LIMITED POWER OF ATTORNEY I, Shulamit Stock, as Owner of 421 82 St, LLC, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 421 82 St, LLC before the City of Miami, Florida in connection with the Request for Rezoning of the following properties located on/at 421 NE 821,d Street and identified by Miami -Dade County Tax Folio Number 01-3207-023-0070. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] () Signed, witnessed, executed and acknowledged on this r? day of °1� , 2015. Witness Signature 1' 1: 11) 5'I 0C Print Name Witness Signature /(,,Oi /€ Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 421 82 ST, ILC, a Florida limited liability comp9:n/ Shulamit Stock, Otivner 42182 St, LLC Address: 9033 Garland Avenue Surfside, FL 33154 The foregoing instrument was acknowledged before me by Shulamit Stock, Owner of 421 82 St, LLC, who is personally known to me or has produced Pc'J e 06e41 °` Las identification. Witness my signature and official seal this 1 day of and State aforesaid. My Cornmission Expires: ""'"% 8E?1t(11 ERENA Notary Public • State of Florida • = MyComm. Expires Mar 5, 2018 ",'7,e• °.�� Commission # FF 078662 No y 2015, in the County Pub State of Florida tse e- • Print Nairfe 520 NE 82nd Terrace LLC 770 NE 82nd Terrace, Miami, FL 33138 LIMITED POWER OF ATTORNEY 1, Harvey Cohen, as Owner of 520 NE 82nd Terrace LLC, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 520 NE 82nd Terrace LLC before the City of Miami, Florida in connection with the Request for Rezoning of the following properties located on/at 520 NE 82nd Terrace and identified by Miami -Dade County Tax Folio Number 01-3207-054-0150. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] Signed., witnessed, executed and acknowledged on this i / day of J�� , 2015. Witness Signature —en le to, Pr' F' N.;me �- •tee �; Wiss Signature --cow Lei) Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 520 NE 82nd TERRACE LLC, a Florida limited liab' ' company By: rvey Cohen, Owner 520 NE 82nd Terrace LLC Address: 770 NE 82nd Terrace Miami, FL 33138 The foregoing instrument was acknowledged before me by Harvey Cohen, Owner of 520 NE 82nd Terrace LLC, who is personally known to me or has produced °twDiorWerr (LA t; W` B!. as identification. Witness my signature and official seal this k day of State aforesaid. My Commission Expires: ,0'` PUB�Io, BETTY LLERENA •� Notary Public - State of Florida 1 My Comm. Expires Mar 5, 2018 'i"F OF f�,,P� Commission # FF 078662 . 2015, in the County and Nota State of Florida Si Print Nam 439 NE 82nd Street LLC 770 NE 82nd Terrace, Miami, FL 33138 LIMITED POWER OF ATTORNEY I, Harvey Cohen, as Owner of 439 NE 82nd St LLC, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 439 NE 82nd St LLC before the City of Miami, Florida in connection with the Request for Rezoning of the following properties located on/at 439 NE 82nd Street and identified by Miami -Dade County Tax Folio Number 01-3207-023-0040. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] Signed, witnessed, executed and acknowledged on this 14 day of ,2015. Witness Signature /ibn let/r7j Pri Name ess Signature (femme Lei 11 Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 439 NE 8211d ST LLC, a Florida limited liability company By: Harvey Cohen, Owner 439 NE 82nd St LLC Address: 770 NE 82nd Terrace Miami, FL 33138 The foregoing instrument was acknowledged before me by Harvey Cohen, Owner of 439 NE 82nd St LLC, who is personally known to me or has produced pricer C•t ('I "1 , as identification. Witness my signature and official seal this 14 day of it ` , 2015, in the County and State aforesaid. My Commission Expires: au ,,, BETTY LLERENA ".° Notary Public • State of Florida a64 My Comm. Expires Mar 5, 2018 ' Commission # FF 078662 Notary P Q is State of Florida 505 NE 82" d Street LLC 770 NE 82nd Terrace, Miami, FL 33138 LIMITED POWER OF ATTORNEY I, Harvey Cohen, as Owner of 505 NE 82nd St LLC, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 505 NE 82nd St LLC before the City of Miami, Florida in connection with the Request for Rezoning of the following properties located on/at 505 NE 82nd Street and identified by Miami -Dade County Tax Folio Number 01-3207-023-0020. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform allacts authorized hereby, as fully to allintents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] Signed, witnessed, executed and acknowledged on this 14-i day of , 2015. Witness Signature M`%i'a Pr s. Name Owe e W ess Signature jet,9r7 e kuh �r Print Name `�i STATE OF FLORIDA COUNTY OF MIAMI-DADE 505 NE 82nd ST LLC, a Florida limited liability company By: Harvey Cohen, Owner 505 NE 82nd St LLC Address: 770 NE 82nd Terrace Miami, FL 33138 The foregoing instrument was acknowledged before me by Harvey Cohen, Owner of 505 NE 82nd St LLC, who is personally known to me or has produced f , g44,'{ Lie-Wce, as identification. Witness my signature and official seal this day of State aforesaid. My Commission Expires: ,,O1PAY....... BETTY LLERENA a8"$°.11 Notary Public - State of Florida MyCommissi nExpires FF 078662Mar 5, 18 2015, in the County and Notary Public State of Florida REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq,, who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE .\\*) App icant(s) Signature The foregoing was acknowledged before me this day of 2015, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, PLLC 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) ,sO,wy pop, BETTY LLERENA Notary Public - State of Florida My Comm. Expires Mar 5, 2018 •e�'sytF,�,. p�� Commission # FF 078662 Signatu e Rev. 07-2013 5 APPLICATION DISCLOSURE OF OWNERSHlP 1. List the owner(s) of the subject property and percentage of ownership, Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary, Owner's Name(es) Percentage of Ownership 82nd Apartments LP 82nd Apartments LP (100,%) Gul Jacobi (37.5%) Maya Jacobi (37.5%) Morris Sabo (25,0%) Subject Property Address(es) 460 NE 82 Terrace, 500 NE 82 Terrace, 433 NE 82 §treet, a d 437 NE 82 Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above, Please supply additional lists, if necessary. Street Address(es): N/A Gul Jacobi, 82nd Apartments LP Owner(s) or Attorney Name - STATE OF FLORIDA --COUNTY OF MIAMI-DADE Legal Description(s): N/A rney Signature The foregoing as acknowledged before me this day of II 2015, by (.71.0, J at'el t-di who is a(n) IndividualT neriagent/corperation a(n) individual/partnership/corporation. He/She is personally known to me or who has produced rtie)e- cieevi as n ho did (did not) take an oath. 016 / (Stamp) S,0 ,e.ost BETTY LLERENA <11 Notary Public - State of Florida <irl My Comm. Expires Mar 5, 2018 %,tceft, Commission # FF 078662 Itev 07-2013 APPLICATION DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) 421 82 St, LLC Percentage of Ownership 421 82 St, LL.C1100%) Shulamit Stock (100%),_ Subject Property Address(es) 421 NE 82 Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. N/A Street Address(es): bularni Sto k 421 82 St, lie Owner(s) or Attorney Name STATE OF FLORIDA — COUNTY OF MIAMI-DADE Legal Description(s): N/A Owner(s) o V2571. 41 (_ ney Signature The foregoing was acknowledged before me this /4dayofUtjjj 2015, by \ NO NY S-tOCK_ who is a(n) individual/part edagent/corporation A- a(n) individual/partnership/corporation. He/She is personally known to me or who has produced __Dty.,,c,r Lic-ettqC as identifi atiwho did (did not) take an oath. (Stamp) AVIVI.,s PETTY LLERENA 1 tr: Notary Public - State ot Florida '. . .. I My Comm, Expires Mar 5,2018 4‹....-. ' Commission # FF 078662 Rcv, 07-2013 9 APPLICATION DISCLOSURE OF 011VNERSHIP 1. List the owner(s) of the subject property and percentage of ovvnership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition, Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) 520 NE 82nd Terrace L.LC Percentage of Ownership 520 NE 82nd Terrace LLQ(100%) Harvey Cohen (100%) Subject Property Address(es) 520 NE 82nd Terrace 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( 521 NE 82rid Terrace 538 NE 82nd TerraGe 530 NE 821111 Street 439 NE 82nd Street ): 505 NE 82nd Terrace Harvey Cohen, 520 NE 82nd Terrace LLC Owner(s) or Attorney Name Legal Description(s): Sherry Park PB 63-12, Lot 7 & Block 1 West Shore Crest PB 10-67, Lot 12 & W1A Lot 11, Block 2 Blue Dome PB 42-64 Lots 20 & 21 Blk 3 Less ST R/W Prop Int In Comm Elements Blue Dome Blk 1 Lot 4 Less S5FT 82nd St RNV and Preig Int In & To Common Elements Not Dedicated to Public Blue Dome PB 42-64 Lots 2 & 3 Less S5FT Bik 1 For St and Prop Int In & To Common Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoigg wa acknowledged before me this 1. day of \ 2015, by e cole2,0 who is a(n) individual/part I./agent/corporation a(n) individual/partnership/corporation. He/She is personally known to „ , me or who has produced _IAL-wer u,K,AftSe.zs identification and wh did (did not) take an oath, (Stamp) '"f;8f,t:sts BETTY LLERENA Notary Public • State of Florida F.7 My Comm, Expires Mar 5, 2018 Commission # FF 078662 Rev, 07-2013 8 UNG APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Percentage of Ownership Subject Property Address(es) 439 NE 82nd Street LLC; 439 NE 82nd Street LLC (100%) Harvey Cohen (100°/91 439 NE 82nd Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es) 521 NE 82nd Terrace 538 NE 82nd Terrace 530 NE 82nd Street 505 NE 82n° Terrace 520 NE 82nd Terrace Harvey Cohen, 439 NE 82nd Street LLC Owner(s) or Attorney Name Owner(s) or Attorney Signature Legal Description(s): Sherry Park PB 63-12_, Lot 7 & Block 1 West Shore Crest PB 10-67, Lot 12 & VVY2 Lot 11, Block 2 Blue Dome PB 42-64 Lots 20 & 21 Blk 3 Less ST R/W Prop Int In Comm Elements Blue Dome PB 42-64 Lots 2 & 3 Less S5FT Blk 1 For St and Prop Int In & To Common Sherry Park PB 63-12 Lot 5 Blk 2 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE (:)hall The foregoirAwas acknowAetdged before me this day of 2015,.by who is a(n) individual/pa agent/corporation a(n) individual/partnership/corporation He/She is personally known to rne or who has produced DijOr LiC...-eNtSkas identification and who did (did not) take an oath. (Stamp) BETTY LLERENA Notary Public - State ol Florida My Comm. WINS Mar 5, 2018 Commission # FF 078662 Rev. 07-2013 10 The foregoin 2015, by 1 ONitiNG APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary Owner's Name(es) 505 NE 82nd Street LLC Percentage of Ownership 505 NE 82nd Street LLC(100%1_ Harvey Cohen (100%) Subject Property Address(es) 505 NE 82" Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): 521 NE 82nd Terrace 538 NE 82r1d Terrace Legal Description(s): Sherry Park PB 63-'12, Lot 7 & Block 1 West Shore Crest PB 10-67, Lot 12 & VVY2 Lot 11, Block 2 530 NE 82nd Street Blue Dome PI3 42-64 Lots 20 & 21 BR 3 439 NE 82nd Street 520 NE 82nd Terrace Harvey Cohen 505 NE 82nd Street LLC Owner(s)-or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ed before me this day of lir\ who is a(n) individuallpartne nt/corporation a(n) individual/partnership/corporation He/She is personally known to me or who has produced ___LASitr LiCtejeas identific who did (did not) take an oath. Less ST RNV Prop Int In Comm Elements Blue Dome Bik 1 Lot 4 Less SSFT 82nd St R/W and Prop Int In & To Common Elements Not Dedicated to Public Sherry Park PB 63-12 Lot 5 Blk 2 0 s) or Attorney Signature (Stamp) ettri44,,, BETTY LLERENA Notary Public - State ot Florida •2 My COMM. EOM Mar 5, 2018 Commission # FF 078662 o R. 0-2013 City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Ben Fernandez, Esq. on behalf of 82nd Apartments LP, et al. Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com BRZoningLaw.com Application Address * 460, 500, 520 NE82 Terrace, 505, 439, 433, 437, 421 NE 32 Street Contact Fields Information Contact Name * Ben Fernandez Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav@ei.iniami.11.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3207-054-0120 Additional Folio Number 01-320,-0b1-0130, 01-3i0,-051-01b0, 01-320,-0.U-0020; 01-320f 01-3207-023-0050, 01-3207-023-0060; 01-3207-023-0070 Total Acreage * ± 2.2711 acres Proposed Land Use/Zoning * T6-80 Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * Total # of Units * 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 government. 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 Tess the newly proposed 4 units). Required Fields for Application___ i/ ___ ___ __ _A if Fernandez Owner(s)/Attorney/Applicant Name______ _. _ ________Owner(s)/Attorney/Applicant-Signatu e STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of July 20 15 , by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, PLLC a(n) individual/partnership/corporation. He/She is personally known to me or was produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA C Notary Public - State of Florida ) 4 A°, r : F My Comm. Expires Mar 5, 2018 •1', O roe Ft°p''' Commission # FF 078662 d a ire 023.0040; This instrument was prepared by: Ben Fernandez, Esq. Bercow Radell & Fernandez, PA 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenantshe""Declaration") made this day of , 2015, by 82nd Apa meets, LP; 505 NE 82"d Street, LLC; 82nd <` � ��qc�� 520 NE 82 Terrace, LLC; 421 82 t,�LLC; arid, 439 NE 82," Street, LLC (hereinafter referred to as the "Owners"), is in favors the CITY OF MIAMI, FLORIDA, a municipality located within the St e of Florida (hereinafter referred to as the "City"). WHEREAS, the undersigned property located at: See Exhib hereinafter referre hereto, and „roperty." WITNESSETH fee simple title to certain real WHEREAS, the:."Owners sought- and -obtained a -rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owners are desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. Section -Township -Range: 07-53-42 Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 Declaration of Restrictive Covenant Page 2 of 10 NOW THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto incorporated herein as if fully set forth in this Section. Section 2. The Owners hereby male the following voluntarry declarations running with the land concerning the use of th'e Property: 1. That the Property shall be developed consistent with the design intent of the plans entitle Plan" dated July 15th, 20' 2. That describe we of Shorecrest 82nd Street Master shall no Increase the proposed floor area, as rsuing a "Public Benefits" bonus under Air shall, be developed with a maximum of 232 dwelling Section 3 Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property shall be binding upon Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section -Township -Range: 07-53-42 Folio Number: 01-3207.023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 Declaration of Restrictive Covenant Page 3of10 Section 4. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this instrument. Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Section 5. Amendment and Modification. This ,instrument may be ay modified, amended, or released as to any portion of t i'e Property by a written instrument executed by the then Owners of the fee-simple`title_to the land to be affected by such modification, amendment release, providing-, at same has been approved by the City of Miami Planning3nd Zoning Board Appeals Board and/ or City Commission after a public hearing rich public hearing shall be applied for at the expense of the Owner. amendment or release asp specified herein, t Planning Departm recordable form effectuating or release: Suc ection 6. Insp brought by t violating or attem on apprqu i of such modification 4 hector of the City of Miami's uccessor shall execute a written instrument in cknowledging such modification, amendment hall be in a form acceptable to the City Attorney. ,=tion and Enforcement. An enforcement action may be City by iattion in law or in equity against any party or person to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in Section -Township -Range: 07-53-42 Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 Declaration of Restrictive Covenant Page 4 of 10 addition to any other remedies available under the law. The award of attorney's fees to a prevailing party shall not be used or enforced against the City of Miami. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 8. Recording. This Declaration shall be _filed of record among the Public Records of Miami -Dade County, Florida, at the .cast of the Owners, and the City of Miami Planning and Zoning --Director will be furnished a recorded copy by the Owners within thirty (3) days of this Declaration being recorded. [Signature Pages to Follow Section -Township -Range: 07-53-42 Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 Declaration of Restrictive Covenant Page 5 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this , 2015. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-D e fora' Apartments, LP, on beh or ❑ has p:duced day of 82nd Apartments, LP instrument was acknowledged before me by the of 82nd If of the corporation. He is ❑ personally known to me , as identification. Witness riy signature and official seal this 2015, in the County and State aforesaid. My Commission Expires: day of Notary Public State of Florida Print Name Section -Township -Range: 07-53-42 Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 Declaration of Restrictive Covenant Page 6 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2015. Witnesses: 421 82 St LLC Signature Print Name Signature Print Name STATE OF FLOI COUNTY OF MIAMI- The foregoing instrument was acknowledged before me by thy " of 421 82 St, LLC, on behalf of the corporation. He is ❑ personally known to me or ❑ has produced _ , as identification. Witness my signature and official seal this day of 2015, in the County and State aforesaid. Notary Public State of Florida My Commission Expires: Print Name Section -Township -Range: 07-53-42 Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 Declaration of Restrictive Covenant Page 7 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2015. Witnesses: Signature Print Name Signature Print Name STATE OF FLO COUNTY OF MIAMI- 439 NE 8znd Street, LLC By: Title Addy; e foregoing instrurrtent was acknowledged before me by of 439 NE 82nd Street, has produ C, on behalf of the co oration. He is ❑ personally known to me or ❑ , as identification. Witness' re and official seal this day of 2015, in the Count d State aforesaid. Notary Public State of Florida My Commission Expires: Print Name Section -Township -Range: 07-53-42 Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 Declaration of Restrictive Covenant Page 8 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2015.. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MI AMI-D 4 Street, L has produce 505 NE to Street, LLC forego! instrument was acknowledged before me by , the °'' of 505 NE 82nd n behalf of the corporation. He is ❑ personally known to me or ❑ , as identification. Witness mysanature and official seal this day of 2015, in the Countand State aforesaid. Notary Public State of Florida My Commission Expires: Print Name S ectio n-Township-Range: 07-53-42 Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 Declaration of Restrictive Covenant Page 9 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of 2015. Witnesses: Signature Print Name Signature Print Name STATE OF FLORI COUNTY OF IMI; 520 NF :82Iid Terrace, LLC By: Title, A d re The foregoing trumen loWas acknowledged before me by , the , of 520 NE ,82nd Terrace, LLC, on behalf of the' corporation. He is LI personally known to me or L] has produced , as identification. Witness my signature and official seal this day of 2015, in the County and State aforesaid. Notary Public State of Florida My Commission Expires: Print Name Section -Township -Range: 07-53-42 Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 Declaration of Restrictive Covenant Page 10 of 10 Exhibit A LEGAL Des Tray': 27'2 t1L0C1(x sire I?RV PARK ACCORDING TO THEPLA7 N1eR10/ ASRR QR0E0! 2OFTNEP/woREGYMDSC M4i11PADEcowry FLORIDA. (FOLIO N0,01<JR 20J 4, 0011'2 SHERR'YPARI( ACCORDING TO THE PLA7THERSOFASRECORDED INPt 1 PA 0E 12, c3,7711FPOLIO RECORDS OFMINADADEC0VNTX FLORIDA, (FOII0 E0012207a AND 4074 BT4.CO( 2,SHERRI' PAIX I7JVG 70 TNEPLP7 THEREOF AS RECORDED IN PLAT SOOA 6i3 PAGE 12 OF1 ME 'VEX RECORDS OFMARI-DADE COt1NIY, /LGR/DA. (FOLIONCL01320T434,0130) 10T5 LESS me Far $ OFNL4 r'DOsiE;ACCOR0IN RECORDED INRAT' 6001(42 PA Lora LESS Pie SOWN Saar lo+I HL REWR050 /4 PI.Ar ROOK 42, ?'AG564. OF %NEAi/BUCtiEC©Rl1S tJ9%:frll,Qttb#FA NO01.3207023 20) AND LOT •94LESSTHE SOUTHSFEU INDIOCKf,OFBLUE0GI44EACCORDING TOTHEf ATTHEREOF.4S' RECORDED INPLAT 0001(42 PAGES4, OF THE PUDIJCRb40//DS OF MAXDADE COUNTY, FLa7RILA N0.01,7207023-5345) AND 40T5,4ESS1HFSD(/THSFEETI//520. (1,or, sLUsO045/ACCORDING TOtat ArTNFR7OFAS RECORDED I1/PPAT8OOKJ2,:PAGE OF rhf PUBI/CRFCORDS OFIA/A1ti/4MDEC0UNTY, FLORIDA. (70/10 5001,720707250 0) AND 40T 5, LESS THE SOUTH SFEE T/NL+LOC(1, opewe 0024E• ACCORDING TO THE PLAT T//EP O7•'4S RECORDED /NPIATB0CK42 PACE64, OF7NEPUBLIC REOGRDS OF 4//A111-t4DF DOOM", FLORIDA. (70210 NO,0Ic7237 2220005) AND L OT,s 7 TOP, /NCL0SIUE LOSS 82 smcriva,(1OFWAY,BCOCK 1,. G0ELM' D9M& ACCORDING To THE PLAT INEREOFd S RECORDED 1N PLATT 5005 41, PAGE 64, OF THE PURIM RECORDS OFMLCi/l OAD5 COUNTY, FL0I0R, (FOLION0.01407-012070) Section -Township -Range: 07-53-42 Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040 State of Florida Department of State I certify from the records of this office that 439 NE 82ND ST LLC is a limited liability company organized under the laws of the State of Florida, filed on October 14, 2014. The document number of this limited liability company is L14000160075. I further certify that said limited liability company has paid all fees due this office through December 31, 2014 and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 Secretary of State Tracking Number: CU8414557382 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication State of Florida Department of State I certify from the records of this office that 520 NE 82ND TERRACE LLC is a limited liability company organized under the laws of the State of Florida, filed on February 18, 2013. The document number of this limited liability company is L13O00024886. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on April 25, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 Secretary of State Tracking Number: CU8249841032 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication State of'Florida Department of State I certify from the records of this office that 505 NE 82ND STREET LLC is a limited liability company organized under the laws of the State of Florida, filed on January 27, 2014. The document number of this limited liability company is L14000013877. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on April 25, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee,, the Capital, this the Twenty-sixth day of June, 2015 Secretary of State Tracking Number: CU4629920073 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication State of'Florida Department of State I certify from the records of this office that 421 82 ST, LLC is a limited liability company organized under the laws of the State of Florida, filed on April 9, 2014. The document number of this limited liability company is L14000058122. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on April 21, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 Secretary of State Tracking Number: CU2947351448 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. hops://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication tate of Florida Department of State I certify from the records of this office that 82ND APARTMENTS LP is a limited partnership organized under the laws of the State of Florida, filed on October 14, 2014, effective October 14, 2014. The document number of this limited partnership is A14000000546. I further certify that said limited partnership has paid all fees due this office through December 31, 2015 and that its status is active. I further certify that said limited partnership has not filed a Certificate of Withdrawal. Given under nay hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 Secretary of State Tracking Number: CU0682455321 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication State of Florida Department of State I certify from the records of this office that 82ND APARTMENTS LP is a limited partnership organized under the laws of the State of Florida, filed on October 14, 2014, effective October 14, 2014. The document number of this limited partnership is A14000000546. I further certify that said limited partnership has paid all fees due this office through December 31, 2015 and that its status is active. I further certify that said limited partnership has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 a Secretary of State Tracking Number: CU0682455321 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Prtp4ttd: by Ray Str:40.$3 FA 17210 NE' 190: North M.iami wok FL 3362 305,;.9494:11 no:NO)1m 1040 WiR Cat N O. CFN: 20140768088 BOOK 29379 PAGE 4548 DATE:11/06/2014 08:58:22 AM DEED DOC 15,600.00 SURTAX 11,700.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY LS17w. Atiovg This L:ine Pot RetlotOigDato4 INarranty Deed This WgyrairoIy. PVpd.4..p4.40:01i$:0 day of .(kt.otpor, 2014 between Loon T. Miqod.esilr Will).S:po.a office. tddress is 140 NW 101! $2NO APattoloulP., a VIQr1da:Limited rartnersian whose post ortio0 :441c1,t.as.sis 2999 NE 191 Street, #402 Av0AtaN, EL MS# grantee: (V,:'1.1(M9Y91. :used :hercin tliq.•torm. "grcIllte. 1.1r91 /41aqde 0: I*. his ifOrnI91:t and the heir:8,1e* .reposegr:ativeo.: dM413;31S,'Atril Jie suc. esos and assips 9f ei ra.ion, rust#es,) WitileSsethy that said .grantor, for and ,conaidoration of the sum ofTLN AND ..N0/00, DOLLARS 40" and other good and valuable cons:Wend:pas To said oantorin l'intfd: pajd.hy said grnatp, the receipt whereof is tiot4y-ciok:,)*104w5d, has, granted. Nrgairted, and said to the said grantee, and pg40.$,,i 110g and :40,0$ fueyot; the following aa.oiNd situat lying and being in Marni Dade County. Florida tn,qin Lot 2, inotk 2, 'SHERRY PAIIK, wording to the Plnt thereof, as recorded in Plat Book 6$;. page '1.2-$ of the POLic:Recor.4of Miotni.:4Nnin:Connfy. Florida, Parc:eli ntifle Nplql:loe>..:01,4407-9$4,0M and Lot 3 Bio:ck g,.;$1.11<nWY PARK„ OV.e.DE(titiqt; to 0.0 Phit: thereof M recorded in rut Qopip 03,.• pow. :otth:e PON Rao:041A klianif:NO: Coiloy,„ floriOa, Panel Identift40100 N3pt48t.;:b.:107-(150),130 and Lot $01:11h 5 0=0, Rit).Rt* BOA: DOME SOWN:LS.10Ni neeording to lice Plat thereof, as r,ecordo1 rn pPat Boa:. 42, Page .04, ofthe :Po:bile:Recordsuf Mintn irDade. County, MA-W.% RANO ItiOtitiOtiOn Number .014207-073-0000 and Lot , 1es south feet: Bloc* 1., BLUE DOME SUBDIVISION, mord ing: to the. Mat ftweeof; rordeitin Mat. Bo,* 42, :Pnge.i5.4i of thePtthiieReeords of Miami -Dade. County„ Fineidn, Pare.e1WitillIcation IsIntilberz 01,3207-023-0050 TogOtiosi'f .vi•V.L.1 alithe .:Jic.tedlta..0:)e,:nts and.. appurt:narle$ thereto b.).longing or in yskis apprtaining, CFN: 20140768088 BOOK 29379 PAGE 4549 To Awe: and to. Hold.; the sam.e in. fee simie. fbrever. And the gantor lhoo.4y OuVouants. wit :said grantee that: ti e. grantor is lawally seized of said lend infee That the grow fiv...go9(.1..r.jght.:Atl4 IawthI authorityto. sell apd.00nvey said. land; that the grantor hereby fully warrants the title -to said land .a,ni:t will defend the ;same against the lawful Jahn persons whomsoever; and That. said and is free .of .a.11 encurnhrances, excep.1;.laes accruing snbWq.Ltent to December In Witness Whgre9f,. grarOot has hoennlp .se graritot`:Si hand arid seal the clay and year first above wlitten, 'ealledid dehvered, our 1 . , Witne$ • , • ,e(*. Witness : Name: State of rlOrida: 0040 Of .frTami,Dge The. foe,going in:Om:nem was acknowleaged before personally known :or 13 has produceda.:drives: license [NOtary &call RAY.8/PIAC. 4740. 0040 .'4"41at' 17' (Seal) e;;IT thi. •or .9p,q)er, .201.4 by -Leon T. Moridasir:,. who 'as identification. • " LI Is Pyl'fl/0 ihic•cl Commission Expires:. 'WivrantyDeoel NIP 2 boubieTimea 111111111111111111111111111111111111111111111 Prepared by and return to: Vanessa M. Bertran, Esq. VANESSA M. BERTRAN, P.A. 250 Catalonia Avenue Suite 304 Coral Gables, FL 33134 305-445-9660 File Number: 14-22 Will Call No.: Parcel Identification No. 01-3207-023-0120 [Space Above This Line For Recording Data] Warranty Deed C:I'= l l 2014-t '026004.2 OR Bk 29105 F'ss 0389 - 391; (3pss) RECORDED 04/10/2014 15148:21 DEED DOC TAX 5,280.00 SURTAX 3,96i77e00 HARVEY RUVINy CLERK OF COURT MIIAMI-DADE COUNTYr FLORIDA (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 8th day of April, 2014 between THOMAS J. BRENNAN, a married man, JOSEPH P. BRENNAN, a single man and ANDREW GLATSTEIN, as President of VICTORIA APARTMENTS, INC., a Florida corporation whose post office address is 225 Aragon Avenue, Coral Gables, FL 33134 of the County of Miami -Dade, State of Florida, grantor*, and 505 NE 82nd Street LLC, a Florida limited liability company whose post office address is 770 N.E. 82nd Terrace, Miami, FL 33138 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lot 2, less the South 5 feet, in Block 1, of BLUE DOME, according to the Plat thereof, as recorded in Plat Book 42, at Page 64, of the Public Records of Miami -Dade County, Florida. and Lot 3, less the South 5 feet, in Block 1, of BLUE DOME, according to the Plat thereof, as recorded in Plat Book 42, at Page 64, of the Public Records of Miami -Dade County, Florida Subject to taxes for 2014 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Grantor, THOMAS J. BRENNAN, warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor -is -it contiguous --to or -a partofhomestead property. Grantor's residence and homestead address- is: 5961 S.W. 85th Street, South Miami, Florida 33143 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; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2013. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Book29105/Page389 CFN#20140260042 DoubteTimeo 3 Page 1 of 3 Signed, sealed and delivered in our presence: Witness . me: Witne .•'Name: ,P7 State of Florida County of Miami -Dade SEPH P. BRENNAN VICT, By: Seal) Florida corporation ANDREW GLATSTEIN, President (Corporate Seal) rCe The foregoing instrument was acknowledged before me this 8th day of April, 2014 by THOMAS J. BRENNAN, a married man, JOSEPH P. BRENNAN, a single man and ANDREW GLATSTEIN as President of VICTORIA APARTMENTS, INC., a Florida corporation, who U is personally known or [X] hastproer's lice ryc as identification. [Notary Seal] Warranty Deed (Statutory Form) - Page 2 Notary Pub Printed Name: My Commission Expires: VANESSA M. BERTRAN MY COMMISSION # EE 085166 EXPIRES: May 29, 2015 Bonded Thal Notary Public Underwriters DoubleTime® Book29i 05/Page390 CFN#20140260042 Page 2 of 3 �+R I?:k. 29105 P G 0391 LAST PAGE State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 8th day of April, 2014 by THOMAS J. BRENNAN, a married man, JOSEPH P. BRENNAN, a single man and ANDREW GLATSTEIN, as President of VICTORIA APARTMENTS, INC., a Florida corporation of on behalf of the corporation. He/she [__] is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] Notary Pu Warranty Deed (Statutory Form) - Page 3 1C Printed Name: My Commission Expires: sou, tyd� _ VANESSA M. BERTRAN MY COMMISSION # EE065166 = EXPIRES: May 29, 2015 "1.4%OPt:1w Bonded Thru Notary Public Underwriters { DoubleTime® Book29105/Page391 CFN#20140260042 Page 3 of 3 CFN: 20140877513 BOOK 29440 PAGE 4111 DATE:12/23/2014 11:53:39 AM DEED DOC 2,100.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This instrument was prepared by: RIcriARD I. SCROOP, ESQ 800 West Avenue, Suite C-1 Misaaa Beach, FL 33139 'r'o1a,o No.: 01-3207--054-0185 QUIT-C LADOI DERO T1XS INDENTURE blade this /. day of t .' '4/ BETWEEN A.D. 2014 RAPONI INVESTMENTS INC, A FLORIDA CORPORATION 530 N.E. 82N0 TERRACE. MIAMI Flo 33138 party of the first part, and Grantor ARTFUL EXPRESSION, 1.LC, a Florida limited liability company 530 N.E. 82"0 MACE MMAMX FL 33138 Grantee party of the second part, WITNESSETf, that the said party of the first part, for and in consideration of the sum, of TEN AND (WOO ($10.00) ------,,-- Dollars, in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has remised, .released and quitclaimed, and by these presents does remise, release and quitclaim unto the said party of the second part all the right, title, interest, alaiM and demand which the said party of the first part has in and to the following described lot, piece or parcel of land, situate Lying and being in the County of MSAMI-DADE, State of Florida to --wit: Spot 6, Block 2, SHERRY PARK, according to the Plat thereof, recorded in Plat Book 63 at Page 12 of the Public Records of Miami -Dade County, Florida There is no consideration being paid as this is a transfer This Deed was p,.a,tared without the benefit of title examination. TO RAVE AND TO Rom the appurtenances therevnto belonging estate, right, title, _interest and first part, either in law or equity, of the amid parties of the second 3a 1L4 WITNESS WHEREOF, the said their hand and seal the day -and year. Sign . e8a same, together with, all and singular. the Or in anywise appertaining, and all the claim whatsoever of the said party of the to the only proper use, benefit and behooi' art. party of the first part has hereunto set first above written eliverred in our presence: Witness rants. N. - Of Witness STATE 05' F-T-0IiIDA. COUNTY OF MTAMT-PADS RAPONX INVESTMENTS INC. by Maurizio Ra I HEREBY CERTIFY, That on this day personally appeared before me, en officer duly authorized to administer oaths Brad take aoknowledgmenta,_ 10 Ra O111 -- ---"- known to me and who Baas have�- F=wgi.dent of Rapeni Investments Inc. personally as identification. Pzaduoed AITNESS my hand and official of i fLi..v' , 2014. My commission expires: oitgi, Notary Public State of Florida' Rochelle Bea Malefic , e ExpC1 es 12115120 .y� seal in 9.er :ate of Florida this l_ day, >,66e.zel otary PuY�1a,a 1111111 I111I 11111131111111111111111111111111 r' Prepared by and return to: Eric van der Vlugt, Esq. Vice President Clear Title Services, Inc. 1111 Kane Concourse Suite 209 Bay Harbor Islands, FL 33154 305-865-5718 File Number: 12-0470 Cohen Will Call No.: Parcel Identification No. 01-3207-015-0200 CFN 2O12RO729.373 DR Bk 28311 Pas 2971 - 2972► (2Pas) RECORDED 10/12/2012 15:48:27 DEED DOC TAX 0.60 HARVEY RUVINr CLERK OF COURT MIit1I-DADE COUNTYr FLORIDA [Space Above This Line For Recording Data] Corrective Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 10th day of September, 2012 between Dru Melville and Joan Brooks, his wife whose post office address is 1438 Monroe Street, Hollywood, FL 33020 of the County of Broward, State of Florida, grantor*, and 538 NE 82nd Terrace LLC, a Florida Limited liability company whose post office address is 650 WEST AVENUE, #2511, Miami Beach, FL 33139 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: The West 1/2 of Lot 11, and all of Lot 12 in Block 2 of West Shore Crest, according to the Plat thereof as recorded in Plat Book 10, Page 67, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: 1) Taxes for the year 2012 and subsequent years and all applicable zoning ordinances and governmental regulations. 2) Conditions, restrictions, limitations, and easements of record, if any, but without the intention of reimposing same. 3) The purpose of this deed is to correct a Scrivener's error with respect to the following: The Warranty Deed previously recorded on 9/21/2012 in O.R. Book 28281 at Page 3056 incorrectly stated the Grantee as "Harvey E. Cohen, a married man", when in fact it should have stated the Grantee as "538 NE 82nd Terrace LLC, a Florida limited liability company". 4) Document Stamp Transfer Taxes have previously been paid on this transfer, so none are due at this time. and said -grantor -does hereby fully warrant the title to said land, and will defend the same against lawful claims -of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. DoubleTimeo Book28311/Page2971 CFN#20120729378 Page 1 of 2 s. OR BK 28311 PG 2972 LAST PAGE In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, s;`;,r • red in our presence: Witness Name __/1,44 Witness Name: / Jrr' State of Florida County of Broward The foregoing instrument was acknowledged before me personally known or [X] has produced a driver's license as [Notary Seal] 074 GEROLD VAN DER VLUGT MY COMMISSION # DD 958939 EXPIRES: Febllary 7, 2014 Bonded Thru Notary Public Underwriters Warranty Deed (Statutory Form) - Page 2 ./. Dru Melville this 1 day of identification. Printe• ''ame: (Seal) by Dru Melville, who [..] is My Commission Expires: DoubleTimeo Book28311 /Page2972 CFN#20120729378 Page 2 of 2 CFN: 20140858048 BOOK 29430 PAGE '1446 DATE:12/16/2014 11:00:07. AM DEED DOC 2,568.00 SURTAX 1,926.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Prepared by and return to: Eric van der Vlugt, Esq. Vice President Clear Title Services, Inc. 1111 Kane Concourse Suite 209 Bay Harbor Islands, FL 33154 305-865-5718 File Number: 14-0550 Cohen Will Call No.: [Space Above This Line For Recording Data) Warranty Deed This Warranty Deed made this 15th day of December, 2014 between Radha D. Adams, joined by her husband, Garvin Adams whose post office address is P.O. Box 380953, Miami, FL 33238-0953, grantor, and 439 NE 82nd Street .LLC, a Florida limited liability company whose post office address is 770 NE 82nd Terrace, Miami, FL 33138, 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 and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lot 4 less the South 5.00 feet thereof, in Block of 1 of Blue Dome, according to the Plat thereof, recorded in Plat Book 42, at Page 64 of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-3207-023-0040 SUBJECT TO: 1) Taxes for the year 2015 and subsequent years and all applicable zoning ordinances and governmental regulations. 2) Conditions, restrictions, limitations, and easements of record, if any, but without the intention of reimposing same. 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; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2014. DoubleTimeo CFN: 20140858048 BOOK 29430 PAGE 1447 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed sea e"1 d and d livered in our presence: Radha D. Adams > Garvin Adams State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 15th day of Adams, who L] are personally known or [X] have produced a driver's [Notary Seal] <t eid GEROLD VAN DER VLUGT MY COMMISSION # FF 07757B EXPIRES: February 7, 2018 Bonded Thru Notary Public Underwriters ?' toj1 ame: eal) 14 by Radha D. Adams and Garvin ation. My Commission Expires: Warranty Deed - Page 2 DoubleTimee Prepareditty :atut ream ...to: Gotdal#;.P.60.;4 Y44, AttOtaeyi.at Law Nthuni FL g1:67$305-265.8228 P.T16$41400:;,143176.9 arranty Deed CFN: 20140381957 BOOK 29168 PAGE 3927 DATE:05/29/2014 09:24:57 AM DEED DOC 5,640.00 SURTAX 4,230.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This Warranty »eed tstre post..ofileo addrez is 1840 Witartil vihost postoffk,.e:a4dieals:42I.14S,.0;Street,:ilvitArig,: El, tt,S3.154,.gratfeel, Vgatoe'.odi .riohiihti:.11'10:1:1044;•10 ag,l-o-a01(%ht and tffo.hs,iis; tegM•irearesdntathtgiarreadia tifi.4:gu•osoto-mi as:iipg:a•cotforkitions,,:btas:,amktarstee:9: WititOgOtk that aid grarliOr, and liLconsIderatiba ofthe sum:of VEO:AN:a....NO/100:DOLtAk8:,(RO;016), and.ofilm good and ya1.4a* g.11.0i4tr4tRigi.t said grantor i hand paid ,4-`0(4-ra.4*., the receipt whereof hm 04400,. 0.0004. the :atd tp::;A).11,*(1:6.6tOti c604ii-Y.1.014At0.44 82ST '1,110:1UGItt:O.P:AVA:Z1ILOCX-...4 O BLUE DOME, A,CCOXWES.0 TO TIIE PLAT THEREOF, AS IUCOIWED IN PLAT BOOK 42, 17.A:CM..64,. OP: Tag: garee):::td:entitkaffonAunitberi):14.26142'3;;.0070, GtaintitrWadants that at the ofthi jltV4Oride:„ the withifs.the;rtfeartihg set forth ht.ttie cohgtituffeit..t.if the stae of Florida, nor i§:it::09.0gtioog•to or apart of homestead: property, Cratihila:residert:ai,and;liotnogfeaa.aaciresa!isA84:.1.1taral:8piing$ AvtamWiiArrii Togother With 4)1.:W,tooxiyo*, h edtnments and appt enanoas thereto beIon3ng or in anywise::appertalahlg, 17.6,114Vt:Akfd to Bold, the fee..-sith0e,,forever, And the grant of hereby coventtnts with said aratite.e:iffat of:;:$aki hind 41::::kee'afr.04;it4.:fh4ty01: grantor has gootiAli.ma Jawfd.I autliority to•:sQ11. and converaditilant.fhat the grantor heretiy tally warrants thetitle to said land :and defend the :surto :against the lawfal• otaihts, of all persons whomsoever; and that .s41:6 land i fie of all omki*[1410.c0,'OXPPOt.:to:MlogcN4.$.10b$0c41;.100:t.:t4.000:41):04,4i:;20.P., in itTfOO liag.bereuntp:szt.grantpes:han&and seatlhe,darand year frst above::yeliten; P94410',IT:#0:0 CFN: 20140381957 BOOK 29168 PAGE 3928 '0a100 *tg'10F1:(044:: Cowny:of M3tte6D40' The foregairig filatrunlent was: aknowledectbefo:re, me this kr1:6#0.gr. [XI h4$.1#43...ct4.0:ii.Pi*ef'.1fool.O.:044pritifi*.k.i.q, iNbtary Se61] ary.P4:1,,:,t tiorotti: my Co0:1MiSi64'EgOitps','.i: . . „ • ::e.,..4.00.e.t0. . • . •,. .,•• • Prepared by and return to: Eric van der Vlugt, Esq. Vice President Clear Title Services, Inc. 1111 Kane Concourse, Suite 209 Bay Harbor Islands, FL 33154 305-865-5718 File Number: 13-0213 Cohen 111111111111 Mil 1fN11111 I111111111 I I111111 CFN 2O1Z3F O,3 : 4-692 OR Bk 28626 Ps 0664t (fps) RECORDED 05/13/2013 12:0902 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIN, CLERK OF COURT MIAMI—DADE COUNTYr FLORIDA LAST PAGE [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 6th day of May, 2013 between Harvey E, Cohen whose post office address is 770 NE 82nd Terrace, Miami, FL 33138, grantor, and 520 NE 82nd Terrace LLC, a Florida limited liability company, whose post office address is 770 NE 82nd Terrace, Miami, FL 33138, grantee: (Whenever used herein the teems "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 and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lot 5, Block 2, of SHERRY PARK, according to the Plat thereof, as recorded in Plat Book 63, Page 12, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-3207-054-0150 SUBJECT TO: 1) Taxes for the year 2013 and subsequent years and all applicable zoning ordinances and govermnental regulations. 2) Conditions, restrictions, limitations, and easements of record, if any, but without the intention of reimposing same. 3) Note to Examiner: The conveyance evidenced by this deed represents a transfer of real property from the Grantor to the Grantee as an additional contribution to the capital of Grantee by the Grantor. Grantee is owned 100% by Grantor. No additional interest in the Grantee has been issued 'to the grantor In connection with this additional contribution of capital. Accordingly, this deed is subject only to nominal state of Florida documentary stamp taxes. See Crescent Miami Center LLC v Florida Department of Revenue, 903 So.2d 913 9 (Fla. 2005). To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and pr.fit of the said grantee forever. la Wit cr " GWi ata f, grantor has hereunto set grantor's hand and al al the/day and year first above written. - Witness Name: Cz,,r State of Florida County of Miami -Dade Harvey E. Cohen The foregoing instrument was acknowledged before me this personally known or [X] has produced a driver's license as identifi [Notary Seal] GEROLD VAN DER VLUGT tdY COMMISSION DO t58939 somw Yhru Notary public Un ei itilos gay o tion. Printed Name: y Harvey E. Cohen, who [j is My Commission Expires: DoubleTlmen Book28626/Page664 CFN#20130374692 Page 1 of 1 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action, "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME.: Ben Fernandez (First Narne) (Middle) (Last Name) HOME ADDRESS: 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida zIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 FAX: (305) 377-6222 I NIAII..,; BFernandez@BRZoningLaw.com BUSSINESS or APPLICANT or ENTITY NAME 421 82nd St., LLC BUSINESS ADDRESS: 421 NE 82 Street (Address Line 1) Miami, FL 33154 (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. Land Use, Zoning and Permitting Matters for the property generally located at: 421 NE 82nd 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 El 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, Na:$6543 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, N/A c, N/A * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A S. Describe what is being requested in exchange for the consideration. N/A N/A 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 ntity for the sy'me ssue shall be reviewed or considered by the applicable boa d(s) ntil expiratio / f eriod of one year after the nullification of the application or rder. PERSON SUBMITTING DISCLOSURE; \ 1 7ature Ben Fernandez Print Name Sworn to andsubs�c:ribed before rite this day of July .....__. _ ..__......- instrument was acknowledged before nee 17v as identification and'or is personally known to me STATE ATE OF FLORIDA. C I I'Y OF MIAMI ._ 1 2 015 "17re foregoing who has produced and who did/did not take an oath. ark — MY COMMISSIC of EXPIRES: '' Y- riA Print Name Enclosure(s) Page 2 Doc. No.:86543 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ben Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: 200 South Biscayne Boulevard CITY: (Address Line 1) Suite 850 (Address Line 2) Miami STATE: Florida ZIP: 33131 HOME PHONE; (305) 377-6235 CELL PHONE: (305) 978-2866 FAX: (305) 377-6222 EMA.H: BFernandez@BRZoningLaw.com BUSSINIiSS or APPLICANT or ENTITY NAVE 439 NE 82nd Street, LLC BUSINESS ADDRESS: 770 NE 82nd Terrace (Address Line 1) Miami, FL 33138 (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. Land Use, Zoning and Permitting Matters for the property generally located at: 421 NE 82nd 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? -1YES 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 Phoned a. N/A b, N/A c, N/A * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A 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 wider 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 tity for the sam issue shall be reviewed or considered by the applicable boarf1 s) u Ail expiration of a p iod of one year after the nullification of the application or 6 der. PERSON SUBMITTING DISCLOSURE: "'."4' ign ure Ben Fernand z Print Name Sworn to and subsc:Jibed WON! methis ..-day of _-....- .Judy ._.._. ) 2015 The foregoing instrument was' acknowledged before nee by . who has produced as identification and/or is personally known to me and -who diddiid not take an ocith, STATE OF FLORIDA CITY OFMIAMI e° MY COMMISSION N EX PI RES: '^ I.LEWENA "4� Bl i::nilosure(t) 'r�* ' % Notary Pubtic - State o1 Iona Print Name a° , . My Comm, Expires Mar S, 2018 , " Page 2 Doc. No.:86543 °s?'r�. �,uR'," �Dmmt$St011 � i'� 0%t�s� --- CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action, "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec, 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ben Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 EMAIL: BFernandez@BRZoningLaw.com FAX: (305) 377-6222 131JSSINESS or APPLICANT or ENTITY NAttv11; 520 NE 82nd Street, LLC BUSINESS ADDRESS: 770 NE 82nd Terrace (Address Line 1) Miami, FL 33138 (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. Land Use, Zoning and Permitting Matters for the property generally located at: 421 NE 82nd 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? C YES NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. N/A b. N/A e, N/A * Additional names can he placed en a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A 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 ntity for the sa; e 'ssue shall be reviewed or considered by the applicable boar I's u Ail expiration , 1 eriod of one year after the nullification of the application or rder. 7- PERSON SUBMITTING DISCLOSURE: Signature Ben Fernandez Print Name Srr%or77 10 and s`ub c I./bed belbr.' 171e INS ' dco, of _._.. July.. _ _..� 9t) 2 015 The ,/bregoing instrument ra'crs acknowledged Wore nw by who has produced as identification and/or is pc rsonally known to me and who did/did nol lake an oath, STATE 1I OF FLORIDA if Cl I Y OF MIAMI„ate ` M1 COMMISSION jEXPiRF S: - Notary�� `"Li Enclosure(s) g"v1.41e BETTY LLERENA nog. No.:86543 , ' Notary Public • State et FlOrida P int Name Page 2 T ; My Comm. Expires Mar 5, 2018 Commission # FF 078662 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ben Fernandez (First Narne) (Middle) (Last Name) HOME ADDRESS: 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 FAX: (305) 377-6222 EMAIL_,: EFernandez@BRZoningLaw . corn BUSSINESS or APPLICANT or' NTITY NAME 505 NE 82nd Street, LLC BUSINESS ADDRESS: 770 NE 82nd Terrace (Address Line 1) Miami, FL 33138 (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. Land Use, Zoning and Permitting Matters for the property generally located at: 421 NE 82nd 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? YES El 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, N/A c, N/A Additional names emit be placed on a separate page attached to this form, 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A N/A ACKNOO rLEDGEMENT OF COMPLIANCE 1 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 m issue shall be reviewed or considered by the applicable boar (s) ntil expiratio of r eriod f one year after the nullification of the application or •der' -PERSON SUBMITTING DISCLOSURE: ignatu Ben Fernandez Print Name ,Swain /o and ,suhscrihec/ before me this _, j dcq, instrument was acknowledged before me by as• identification and/or is STATE ATE OF FLORIDA I CITY OF L" of --. July _._... , ?.) 2015 The foregoing , who hers produced personally, known to me used who did/did not take an oath. / { MY COMMISSION EXPIRES: :7 Notary „will',Print Name Leclosure(s) fNotarypubsteoiFIorida Doc. No.:86543 Page 2 r ge omrn. Expires Mar 5, 2018 '4i,,,,,1,,,, OF F. l�p�`°Commission # FF 078662 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action, "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ben (First Name) Fernandez (Middle) (Last Name) 1-1OME ADDRESS: 2'00 South Biscayne Boulevard. (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PRONE: (305) 377-6235 CELL PHONE: (305) 978-2866 EMAIL..,: BFernandez@BRZoningLaw.com FAX: (305) 377-6222 BUSSINESS or APPLICANT or .ENTITY NAME 82nd Apartments, LP BUSINESS ADDRESS: 8171 Younge Street 185 (Address Line 1) Thornhill, Ontario L3T2C6 CA (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. Land Use, Zoning and Permitting Matters for the property generally located at: 421 NE 82nd Street, Miami, Florida. 2. Ilas 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 Phoned a. N/A b. N/A G. N/A * A.dditional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration, N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A N/A I hereby acknowledge that Ordinance 12918 and such or civil penalties that may disclosure requirement was 1. the application effect; 2. no application considered nullification -PERSON SUBMITTING DISCLOSURE ACKNOWLEDGEMENT OF COMPLIANCE it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal be imposed under the City Code, upon determination by the City Commission that the foregoing not fully and timely satisfied the following may occur: or order, as applicable, shall be deemed void without further force or and from any person a' ntity for the sa i° e shall be reviewed or by the applicable boad(s) ntil expiration o . od of one year after the of the application or,,i rder. .,,,"'"--- Igna ire Ben Fernandez bc fore nu this before me as identr/u^ation PISworn [ da} of 1?>>-----.__ andior is personally Print Name to and ,subscribed instrument u'crs acknowledged STATE OF FLORIDA CITY OF IvIlAIKI MY C'OMiMISSIC)6 EXPIRES: , _-. July _.._.__... N 2015 the foregoing __. , who hos produced known to me and who did/did not take an oath. 1,.._ e I Notary Enclosure(s) �. Doc. No.:86543 not Name cle,, IIENA :Otl„"�Pnvun�a`r,, BETTY LLE `e? Notary Public • State of Florida Page 2 ° a ♦ ° %Q,me Itll�' VVII1111� LMJI$G3 IVIdI J. LU PQ+ Commission #F FF 078662 01�6 Transect Zone rip U aCjal,S PREAPPLICATION REFERRAL 01-3207-054-0120;01.3207-054-0130;01-3207-054-0150; 01-3207-054-0160; 01-3207-015-0200; 01-3207-023-0020; 01-3207-023-0040; 01-3207-023-0050; 01-3207-023-0060; 01-3207-023-0070 Folio # Date 06/04/2015 Ben Fernandez on behalf of Harvey Cohen N/A Applicant Name Project Name (305) 377-6235 Applicant Phone Number bfernandez@brzoninglaw.com Applicant E-mail Address 460 NE 82 Terr.; 500 NE 82 Terr,; 520 NE 82 Terr,; 530 NE 82 Terr.; 538 & 540 NE 82 Terr.; 505 NE 82 St,; Project Street AAddress 439 NE 82 St.; 433 NE 82 St,; 437 NE 82 St.; and 421 NE 82 St. in the City of Miami, Florida. TO BE COMPLETED BY THE OFFICE OF ZONING: 0 One (1) 24"X36" or larger set of signed and sealed plans 0 Survey within one year with Building Baseline established by Public Works 6*" /4 Str✓,4,Pi /-/'L' Type of Permit Requested — Code Section i) Wcrie/47)e-AI .76 fipapoe d/n ////o/(0 /fer-Zre5 Owe Y o r .2 , - . .'�„ - �'v't/I/ -fir,: ,,e , iii20 Az' / 67-2,29err, Summary of Request Referral issued by: Date CITY OF M I AM I PLANNING & ZONING DEPARTMENT Ph: 305-416-1499 444 SW 2nd Ave 411' Floor Miami, FL 33130 www.miarnigovicorn/zoning Revised 0712412013 DEPARTMENT OF PLANNING AND ZONING LAND USE AND REZONE COMMENTS SEPTEMBER 2015 CYCLE June 11, 2015 Ben Fernandez Bercow Radell & Fernandez 200 South Biscayne Blvd, #850 Miami FL 33131 Subject Site: 460, 500, 520, 530, 538 and 540 NE Terrace; and 505, 439, 433, 437, and 421 NE 82 Street Net District: Upper Eastside During our Pre -application meeting on June 9, 2015, the following request was presented: A rezoning per Article 7, Section 7.1.2.8 (a) (3), to allow the successional rezoning of land. The proposal is to change the zone the subject lots from T5-R to T6-8-O; and a Land Use change from Medium Density Multi -Family Residential to Restricted Commercial to correspond with the proposed rezoning. Based on the request, staff has prepared the following comments. Please note, said comments are not to be construed as a recommendation of approval or support of the proposal. Staff's comments are as follows: 1. The deadline to submit a complete Rezoning and Land Use Change application is July 17, 2015, Contact Ms. Christine Hwa, Hearing Boards Coordinator via e-mail at: CHwa@Miamigov.com or by phone at 305-416-2031 for an appointment to submit the application. a. Any restrictive covenant associated with the request, shall be submitted with the application package. 2. Provide a letter of intent in accordance to Article 7, Section 7.1.2.8 (c) 2, schedule of outreach meetings with the community, and a massing plan. 3. Include the acreage proposed to be rezoned on the survey. 4. A school concurrency letter is required; please contact the Hearing Boards Department at 305.416.2030 with any question concerning the concurrency process. 444 SOUTHWEST 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33130 306.416.1400 - WWW.MIAMIGOV,COM Page 2 of 2 460 NE 62 Terr. (et al) 5. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots. 6. Provide a flash drive with all application materials. 7. A Traffic Study may be required upon further review of the submitted documents. Be Advised: The Planning and Zoning Department reserves the right to make recommendations pertaining to which Transect Zone will yield the most coherent zoning pattern in the context of the immediate vicinity. Consequently, the City of Miami reserves the right to comment on the proposal as more information is provided and may revise previous comments based on this supplementary information. The Department reviews proposals based on Miami 21 and the City Code. Furthermore, the proposed Rezone and Land Use Change is subject to review and compliance with the requirements of all City departments, as applicable. Sincerely, J Wueline Ellis Planner II Cc: Christopher Brimo, AICP, Chief of Land Development Derrick Cook, Plan Coordinator, Devin Cejas, Zoning Manager Tamera Frost, Zoning Plans Processor Christine Hwa, Hearing Boards Coordinator 444 SOUTHWEST 2ND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 — WWW.MIAMIGOV.COM JOHN 3 ARRA & ASSOCIATES INC. Professional Land Surveyors & Mappers. LONDS RVBvoRS.CONI AVENUE L Rnoo BLVO SOUTR SOTO MOW. LORIDA 33126 CAPE s°soso PN. 26,00 P.3oz6 3osl on540,66A (RE 2P.G.6q BLACKS oLopcf r E000rr BLOC 1 B_oco BLOCKS(BLOCKY BLOCKf STREOT SKETCHOFLEGAL DESCRIPTION (AZ rzcrOsacmn.aF0.0 xnos [00 raER vuncno[wwma L. .01.m»t. A[oCK2Bt ] Tsazoa] T taro Z &LOT 18LWK.] ccK OT]BLOCK] ], (P81 vcaTL or16L6acf` I� "morocco. aoroo OM. MAP OF BOUNDARY SURVEY AO,N,.NOLvCanlly 1.07.00.0 .p»A.Tm.a xj N,320r NONI.,T+lmuiq TREE TABLE Manly !Odin IF. Nos 50 25 1.50 Palm 70 2.011 0.30 Papaya 13 8 Papaya 060 IS Papaya 050 16 10 100 Coconut a. 1. 15 2.00 13 10 Payal 10 15 0.40 20 Palm 0.40 20 00 oso 0.80 Ficus 30 20 OAP IN Palms 25 GRAD HICSCALE60 000.01.50 CEH HC AON.' TREE TABLE N.,,a,rlry 2.00 25 25 10 20 25 Pah 30 850 25 20 0810 10 32 10 33 Palm 150 30 10 Lao 10 Pahl 200 35 10 OI rim 0.10 35 0. U)s 050 O. rams 050 10 palo 050 20 10 42 (31 rwns 10 10 01 20 NOTES orBEAw ACCOMPANY wra oREC nCITSON 10070.50.03.0000.001.10.05. ........."03.000.170.0.11AWZMWROW REALICTALWROOLVA1010.60.21.05 ..0un rsBarncvx+.sErrom�er r.�.. 011.1000.0 OM/OW, S NOTE. aTSEggmio coven. TOWNSHIP AINPA. SURVEYORS CERT/RCATIN.' C-+� vrYmis AWN RED T. 5119/20.