HomeMy WebLinkAboutSubmittal-Steven Wernick-Map and Restrictive CovenantsZonil Lap
35 NE 40th Street (RS/ Piccadilly Building Parcel)
34-60 NE 41st Street (Oak Plaza Parcels)
Miami, EL
0 -t CA
CD
A Cr
0 J
Submitted into the public
record fo ite
on
EXHIBIT 2
City Clerk
;3090271 1:1
t BK 2.3151. PG 4- 6 7 7
LAST PAGE
Submitted into the public p
record fdrit rj( )
on I� II II
• it is found that the proposed project is a mixed -use building consisting of residential units (101) and retell
spaces (18,335 SF) on the ground floor with a parking area on ground and upper levels.
It is found that the proposed project was initially reviewed by the Design Review Committee on May 4, 2004
and sends it back to the architect in order to consider the committee comments.
• On June 15, 2004, a revised plan was reviewed and recommended for approval with conditions by the
Internal Design Review Committee.
• It is found that the applicant is also requesting to allow a development designed as a single site and It
occupies lots divided by street.
• It Is found that the subject project was reviewed and approved with conditions by the Urban Development
Review Board on July 21, 2004.
• it is found that the transfer of FAR from the lot across the street (Piccadilly Building) to the new site may be
acceptable if the Piccadilly Building Is preserved and additional parking is provided for its use.
• It Is found that with regard to the criteria set forth in Sec. 1305 of the City of Miami Zoning Ordinance, the
application has been reviewed and found sufficient except for the Issues listed above and mitigated through
compliance with the conditions below.
Based an the above findings and the considered advice of the officers and agencies consulted on this
matter and pursuant to Section 1306 of the Zoning Ordinance, the subject application Is flereby
recommended for approval subject to the plans and supplementary materials submitted by the
applicant and on file with the Planning and Zoning Department and further subject to the following
conditions:
CONDITIONS
1. The applicant shall comply with the conditions addressed by the UDRB (see attached) and the
landscape conditions as specified by the Internal Design Review Committee (dated June 15,
2004 - see attached).
2. The applicant shall, within 6 months of the issuance date of this Class 11, submit a covenant to
the City of Miami which ensures the preservation of the Piccadilly Building (except for an Act of
God) and ensures sufficient parking be provided.
3. New plans depicting compliance with these conditions shall be submitted to the Planning and
Zoning Department for review and approval before issuance of any building permit.
4. A clearance letter from the FAA shall be submitted to the Zoning Division prior to the issuance
of any building permits for this project.
NOTICE
The final decision of the Director may be appealed to the Zoning Board by any aggrieved party,
within fifteen (15) days of the date of Issuance by filing a written appeal and appropriate fee
with the Office of Hearing Boards, located at 444 SW 2nd Ave., 7th Floor, Miami, FL. 33130.
Telephone number (305) 416-2030.
Signature
A
Pi
g
tor
ariU.Zoning Department
2
Date %°/// o
City Clerk
Book231511Paae4677 CFN#20050234168 Page 11 of 11
To:
From:
EXHIBIT "C"
CITY OF MIAMi
CLASS Ii SPECIAL PERMIT
FINAL DECISION
Jeremy Green
35 N.E. 40th Street
Miami, FL. 33137
Ana Gelabert, Director
Planning and Zoning Department
Submitted into the public
record ite (� VZ
on 3
Fite: No. 04-0255
EASE TAKE NOTICE THAT INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (Cube)
Address: 34-60 NE 4151 Street, Little Haiti
intended Decision:
❑ Approval
21 Approval with conditions
❑ Denial
FtNANGS AND CONDITIONS
The subject proposal has been reviewed for Class II Special Permit pursuant to Section 608 and
9031 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Section
604 states explicitly that a Class 11 Special Permit shall be required prior to approval of any permit
affecting the location, relocation or alteration of any structure, sign, awning, landscaping, parking, area
or vehicular way visible from a public street. Section 903.1 states that a Class li Special Permit is
required where a project is designed as a single site and It occupies lots divided by a street or alley.
Purs`Jant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning
Department has made referrals to the following Departments and Boards.
• Zoning Division, Planning and Zoning Department.
• -I Ittie Haiti NET Office, Neighborhood Enhancement Team.
• tDRB, Urban Development Review Board
Their comments and recommendations have been duly considered and are reflected in this intended
decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following
findings have been made:
City Clerk
BooK23151 /Page4676 CFN#20050234168 Page 10 of 11
Photos of 34-60 NE 41 Street
Northeast View of Property
Northwest View of'Property
Submitted into the public
record f►r ite (
on
City Clerk
37276565:1
Photos of 35 NE 40 St
Southwest View of Property
Southeast View qf Property
Submitted into the public
record fo i (
on
City Clerk
{37276518:1)
Submitted into the public
1
record fo ite s) , ,L„
1
on
City of Miami
Legislation
Resolution
City Clerk
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00247cr
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A MODIFICATION OF THE DECLARATION OF RESTRICTIVE
COVENANTS DATED ON MARCH 9, 2005, AND RECORDED IN OFFICIAL
RECORDS BOOK 23151, PAGE 4667, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 35 NORTHEAST 40TH STREET AND 34-60 NORTHEAST 41ST
STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A", ATTACHED
AND INCORPORATED.
WHEREAS, the properties located at approximately 35 Northeast 401" Street and 34-60 Northeast
41st Street, Miami, Florida, as legally described in "Exhibit A," attached and incorporated, are subject
to a Corrective Declaration of Restrictive Covenants in Lieu of Unity of Title as recorded on March 9,
2005, in the Miami -Dade County, Florida Official Records Book 23151, Page 4658; and
WHEREAS, the properties located at approximately 35 Northeast 40t" Street and 34-60 Northeast
41st Street, Miami, Florida, are subject to a Declaration of Restrictive Covenants as recorded on
March 9, 2005, in the Miami -Dade County, Florida Official Records Book 23151, Page 4667, attached
and incorporated as "Exhibit B"; and
WHEREAS, on February 2, 2016, the applicant submitted a request to release the Corrective
Declaration of Restrictive Covenants in Lieu of Unity of Title and release and/or modify the
Declaration of Restrictive Covenants on the properties located at approximately 35 Northeast 40th
Street and 34-60 Northeast 41st Street, Miami, Florida; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that it is in the
best interest of the general welfare of the City of Miami and its inhabitants to approve a-
modificationthe application, including a Release of the Declaration of Restrictive Covenants, in a form
substantially similar to "Exhibit C";
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute a modification Release of the Declaration
of Restrictive Covenants dated on March 9, 2005, recorded in Official Records Book 23151, Page
4667, of the Public Records of Miami -Dade County, Florida, for the properties located at
approximately 35 Northeast 401" Street and 34-60 Northeast 41st Street, Miami, Florida, in a form
substantially similar to "Exhibit C".
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
{38239168;-U.}
the Mayor. {2}
File Number' 16-00247cr
Submitted into the public(
record f r item() r
on 5 1Z I
City Cle
APPROVED AS TO FORM AND CORRECTNESS:
VITORIA MENDEZ
CITY ATTORNEY
l
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
{38239168;4-2}
E)(klb C
Prepared by and return to:
Steven J. Wernick, Esq.
Akerman LLP
One SE Third Avenue, 25th Floor
Miami, FL 33131
Submitted into the public P Z
onrecord e'f .
City Clerk
RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS
THIS RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS (the
"Release") is made effective this day of , 2016, by and between and
between RS JZ DESIGN 40, LLC, a Delaware limited liability company ("RS"), and OAK
PLAZA ASSOCIATES (DEL.) LLC, a Delaware limited liability company, as successor by
merger to Sweet Virginia Acquisitions, LLC ("Oak Plaza") (collectively "Owners"), and the
City of Miami, a municipality located within the State of Florida (hereinafter, "City").
RECITALS
WHEREAS, RS holds fee simple title to certain property in the City of Miami, Miami -
Dade County, Florida, more particularly described on Exhibit "A" attached hereto and
incorporated herein (the "Building Property"); and
WHEREAS, Oak Plaza holds fee simple title to certain property in the City of Miami,
Miami -Dade County, Florida, more particularly described on Exhibit "B" attached hereto and
incorporated herein (the "Parking Property"); and
WHEREAS, on March 9, 2005, in furtherance of anticipated development of a new multi-
story building on the Parking Property pursuant to Class II Special Permit File No. 04-0255 (the
"Class II"), predecessors in interest to the Owners recorded a Declaration of Restrictive
Covenants, in Official Records Book 23151, Page 4667 of the Public Records of Miami -Dade
County, Florida (the "Declaration"), which provided for, among other covenants and restrictions:
(i) the transfer of unused FAR from the Building Property to the Parking Property, and (ii)
twenty two (22) parking spaces, deemed to be required under the City of Miami zoning
ordinance in effect at such time, to be provided on the Parking Property, referred to in the
Declaration as the "Property"; and
WHEREAS, the Class II expired, the transfer of FAR to the Parking Property did not
occur, parking required for the Building Property is no longer to be provided on the Parking
Property, the Owners have no further intention to effectuate development plans pursuant to the
Declaration, and therefore, the purposes for which the Declaration was recorded are no longer
applicable; and
{36461030;4} 1
Submitted into( the public 1()
on record
-LL► t�l r
City Clerk
WHEREAS, the Owners wish to release the Declaration as to the Building Property and
the Parking Property so that the Declaration shall be of no further force or effect; and
WHEREAS, Section 6 of the Declaration allows for the release of the property described
therein by written instrument executed by the current owners of the Property, and provided that
same is approved by the City Commission at a public hearing, after expeditious review and
approval by the Director of Planning and Zoning, and by the City Attorney as to form; and
WHEREAS, the Owners have applied for a Special Appearance in front of the City
Commission for the Release of this Declaration for the reasons set forth in the Recitals above;
and
WHEREAS, the aforementioned Special Appearance to request the approval of the City
Commission was considered and approved by the Miami City Commission at its meeting of
2016 by City of Miami Resolution No.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Owners and City hereby agree as follows:
1. Release. Pursuant to this Release, after approval by the City Commission, as
memorialized through City of Miami Resolution No. , the Building Property and
the Parking Property are hereby released from the Declaration and all restrictions and
encumbrances contained therein and the Declaration is of no further force or effect.
2. Recording: This Covenant shall be recorded in the public records of Miami -Dade County
at Owners' expense and a certified copy hereof shall be delivered to the Zoning
Administrator of the City of Miami within thirty (30) days after the date of recording.
[continued on following page]
{ 36461030;4 } 2
Submitted into the public
record fpr itejn;(s)
on 5 11 ? 1 I [,
City Clerk
IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals
effective as of the date first above written.
Signed, sealed and
WITN .. ES:
delivered in the presence of:
"RS"
RS JZ DESIGN 40, LLC, a Delaware limited
liability company
By: RS JZ Design 40 Holdings, LLC, a
Delaware limited liability company
By: RedSky Capital, LLC, a Delaware
limi d lia i ' company
By:
Prin Nam, :
Print Name:
L. r`►u1-4,
Mattat-t._
Name: enj i stein
Title: a ager
STATE OF 1\161/sf
COUNTY OF V }J L S
The foregoing instrument was executed, acknowledged and delivered before me this/81.
day of jcI1 bet- , 201E by Benjamin Bernstein, Manager of RedSky Capital, LLC, a
Delaware limited liability company, managing member of RS JZ Design 40 Holdings, LLC, a
Delaware limited liability company, the/sole member of RS JZ Design 40, LLC, a Delaware
limited liability company, who is [ ] personally known to me or who [ 1 produced
as identification.
Name: P49iCOI1.2 NOM
Notary Public, State of 19t r MOM V01(i(---
My Commission Number: (o 21 Q 2
My Commission Expires:
(NOTARY SEAL)
{36461030;4} 3
MICHELLE L WOOD
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01W06321929
Qualified in Kings County
Commission Expires Mar. 30, 2019
Submitted into the public
record f r ite sJ
a q... �(
n
City Clerk
Signed, sealed and delivered in the presence of:
WITNESSES:
Prifit Name:
C
cep
Print Name: / » W E 1C-r-1
"OAK PLAZA"
OAK PLAZA ASSOCIATES (DEL.) LLC, a
Delaware limited liability company
By: Miami
Mana
comp
By:
Name:
P-,ign
ger
an
arigEr
ven enstein
Di ict Associates
are limited liability
Title: Vice -President
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was executed, acknowledged and delivered before me this 1
day ofjCi h UQI\ , 201 4 by Steven Gretenstein, the Vice -President of Miami Design
District Associates Manager, LLC, a Delaware limited liability co pany, as manager of Oak
Plaza (Del.) LLC, a Delaware limited liability company, who is [ ] personally known to me or
who [ ] produced as identificatin.
an-kLet QLJLQ1L
Name: ,l N• ► C i a L4J C' 04
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
(NOTARY SEAL)
than ruB�� ALICIA ALONSO WELCH
MY COMMISSION # EE 859276
s'a * EXPIRES: April 18, 2017
T4TFOF Bonded 'Nu Budget Notary Services
t36461030;4}
Submitted into the public Z
record fcriterp(s)
on 1 / l l 1 . City Clerk
JOINDER OF MORTGAGEE FOR RS
The undersigned, holder of (i) that certain Mortgage, Assignment of Leases and Rents,
Security Agreement and Fixture Filing dated February 27, 2015, and recorded in Official
Records Book 29525 at Page 4594, of the Public Records of Miami -Dade County, Florida (the
"Public Records"), as amended by that certain Mortgage Modification and Spreader Agreement
and Certificate of Future Advance dated March 17, 2015, and recorded in Official Records Book
29544 at Page 1127 of the Public Records, and (ii) that certain Amended and Restated
Subordinate Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing,
dated March 17, 2015 and recorded in Official Records Book 29544 at Page 1140 of the Public
Records, both of which, encumber that certain real property, referred to herein as the Building
Property, subject to the Declaration, as defined herein, in favor of the City of Miami, Florida,
hereby joins in, acknowledges, and consents to said Release.
Signed, sealed and delivered in the presence of:
WITNESSES:
Print Natrie•
Print Name:
STATE OF
IvavyLanh(
TERN
state chartered bank
By: Nam
Title: SvP:—Po, kr 6- "--a,
COUNTY OF Mont o e
The foregoing instrument was executed, acknowledged and delivered before me this
day of 1)ec.ewtbti✓ , 2015, by )(r viii (arts , the srn,Pe,trtii,,b1R,-01,7of Pacific Western Bank,
a California state chartered bank, who is [ l _ j personally known to me or who F 1 produced
as identification.
Name: \Ia o(-, y ThCmets
Notary Public, State of Mary (/tr et
My Commission Number:
My Commission Expires: IVUt 9 30, 'zxl
(NOTARY SEAL)
WANDA Y THOMAS
NOTARY PUBLIC
PRINCE GEORGE'S COUNTY
MARYLAND
MY COMMISSION EXPIRES 5/30/16
{36461030;4} 5
Submitted into the public .0,
record fo ite s)
on City Clerk
JOINDER OF MORTGAGEE FOR OAK PLAZA
DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent for the lenders
("Agent"), being the holder of that certain Amended, Restated and Consolidated Mortgage and
Security Agreement and Notice of Future Advance made by OAK PLAZA ASSOCIATES
(DEL.) LI,C, a Delaware limited liability company, dated as of May 15, 2015 and recorded in
Official Records Book 29619, Page 1704, in the Public Records of Miami -Dade County, Florida,
encumbering, among other things, certain real property, referred to herein as the Parking
Property, subject to the Declaration, as defined in the foregoing Release, in favor of the City of
Miami, Florida, hereby joins in, acknowledges, and consents to said Release.
Signed, sealed and delivered in the presence of:
Print Name:, y 4„r/
attlA
Print Name: 3� V pV'os-s5 VLQX
Print Name:
Print Name: •jai_ r- xwS
STATE OF
COUNTY OF
/'L
ss.:
The foregoing 'nstrument was ack
201 by, are 3 t co A , the
YORK B NCH, on behalf of the bank.
or has produced
[Notarial Seal]
DEUTSCHE BANK AG NEW YORK
BRANCH
By:
Name:
Title: M A A
By:
Name:
itle:
Joanna Soliman
Vice President
owledged before me this day of Q 12(4,4
'r ✓of DEUTS HE BA AG NE
S ch .erson is personally known to me (yES) (NO)
as identification.
Notary Public
Li
SASk1A A. LABRIEL
Notary Public, State of New York
N� 011 A6?7494C
Printed Name of Notary Q1laiifled in Kings Coun{y
Companion boles ,I ualy 14, 70i7
(36461030;4 )
6
ss.:
The foregoing instrument was ack
2015, by cOvjt/f C{ Soffi's, c(--1 , the V
YORK. BRANCH, on behalf of the bank.
or has produced
Submitted into the public (p
record fgr ite�n(s) r
on )
City Clerk
zowle ed be�fore me this day of, jafrtuai,
Kmfil'e,-t' of DEUTSCHE BANK AG NEW
Such person is personally known to me (YES) (NO)
as identification.
[Notarial Seal]
Notary Public
Printed Name of Notary
SASKIA A. LAt3RIEL
°Jotary Public, State of New Yorlc
No. 01 LA621494C
Qualified in Kings Co,.n..y
Cn mission Expires January14,111; 7
{36461030;4) 7
Submitted into the public pi,record fo i iterr�(s
r �n �
on ► i ► ► City Clerk
"CITY"
CITY OF MIAMI, a municipal corporation located within the
State of Florida
APPROVED AS TO FORM AND CORRECTNESS:
OFFICE OF THE CITY ATTORNEY
By:
Printed: Victoria Mendez, Esquire
Its: City Attorney
APPROVED:
PLANNING DEPARTMENT
By:
Printed: Francisco J. Garcia
Its: Director
{36461030;4) 8
Submitted into the public 0z A
record �oht
iqnj� j'
on 11 lb
City Clerk
EXHIBIT "A"
Building Property
Lots 14 through 18, Block 2, Amended Plat of Commercial Biltmore 1921,
according to the Plat thereof as recorded in Plat Book 6 at Page 132 of the Public
Records of Miami -Dade County, Florida.
{36461030;4) 9
Submitted into the public
record feir ite s)
on 811 . lib . City Clerk
EXHIBIT "B"
Parking Property
Lots 4, 5, 6, 7, 8, Block 9, BILTMORE, according to the Plat thereof, as recorded
in Plat Book 6, at Page 67 of the Public Records of Miami -Dade County, Florida.
{ 36461030;4 ; 1 0
Submitted into the public 7
record fad ite(r
on
Prepared by and retum to:
Steven J. Wernick, Esq.
Akerman LLP
One SE Third Avenue, 25th Floor
Miami, FL 33131
RELEASE -F DECLARATTION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
THIS RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS IN
LIEU OF UNITY OF TITLE (the "Release") is made effective this day of
, 2016, by and between and between RS JZ DESIGN 40, LLC, a
City Clerk
Delaware limited liability company ("RS"), and OAK PLAZA ASSOCIATES (DEL.) LLC;, a
Delaware limited liability company, as successor by merger to Sweet Virginia Acquisitions, LLC
("Oak Plaza") (collectively "Owners"), and the City of Miami, a municipality located within the
State of Florida (hereinafter, "City").
RECITALS
WHEREAS, RS holds fee simple title to certain property in the City of Miami, Miami -
Dade County, Florida, more particularly described on Exhibit "A" attached hereto and
incorporated herein (the "Building Parcel"); and
WHEREAS, Oak Plaza holds fee simple title to certain property in the City of Miami,
Miami -Dade County, Florida, more particularly described on Exhibit "B" attached hereto and
incorporated herein (the "Parking Parcel"); and
WHEREAS, collectively the Building Parcel and Parking Parcel are collectively referred
to herein as the "Property"; and
WHEREAS, on February 4, 2005, in furtherance of contemplated development of the
Property as a single project pursuant to Class II Special Permit File No. 04-0255 (the "Class II"),
predecessors in interest to the Owners recorded a Declaration of Restrictive Covenants in Lieu of
Unity of Title, recorded in Official Records Book 23058, Page 904 of the Public Records of
Miami -Dade County, Florida, which was corrected on March 9, 2005 by Corrective Declaration
of Restrictive Covenants in Lieu of Unity of Title, recorded in Official Records Book 23151,
Page 4658 of the Public Records of Miami -Dade County, Florida (the "Covenant") to treat the
Property as a single project for planning and zoning purposes; and
WHEREAS, the Class II expired, the Property has not been treated as a single project for
planning and zoning purposes, and therefore, the purpose for and basis on which the Covenant
was recorded is no longer applicable; and
{36457492;4) l
Submitted into the public
record fob- itenp(
on
WHEREAS, the Owners wish to release the Property from the Covenant so that the
Covenant shall be of no further force or effect; and
WHEREAS, Section 3 of the Covenant allows for the release of the Covenant as follows:
The provisions of this [Covenant] may be amended, modified or released
by a written instrument executed by the following: (i) then owners of [the
Property] and the joinder of any mortgagees(s) if there are any mortgages
on [the Property] and provided the same is also approved by the Directors
of the Departments of Public Works, Planning and Zoning, and Building
of the City of Miami, and in a form approved by the City Attorney.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are
City Clerk
1. Release. Pursuant to this Release, as approved by the City Attorney and the
Department Directors, the Property is hereby released from the Covenant and all
restrictions and encumbrances contained therein and the Covenant is of no further
force or effect.
2. Recording: This Covenant shall be recorded in the public records of Miami -Dade
County at Owners' expense and a certified copy hereof shall be delivered to the
Zoning Administrator of the City of Miami within thirty (30) days after the date of
recording.
[continued on following page]
; 36457492;4) 2
Submitted into the public ip
record ite—(
t, r1.
on 5117A City Clerk
IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals
effective as of the date first above written.
Signed, sealed and delivered in the presence of:
WITN SES:
"RS"
RS JZ DESIGN 40, LLC, a Delaware limited
liability company
By: RS JZ Design 40 Holdings, LLC, a
Delaware limited liability company
By: RedSky Capital, LLC, a Delaware
lim' d lia li company
By:
Prin N me:
C
t';
4
Print Name:
L c; u r e .,
AA . L 2.z.._
Name. B ja n emstein
Title: anager
STATE OF 1\1&i VC�2I�
COUNTY OF 0KrL�S
The foregoing instrument was executed, acknowledged and delivered before me this
day of tC� t6(L , 201 by Benjamin Bernstein, Manager of RedSky Capital, LLC, a
Delaware limited liability company, managing member of RS JZ Design 40 Holdings, LLC, a
Delaware limited liability company, the sole member of RS JZ Design 40, LLC, a Delaware
limited liability company, who is [ ✓] personally known to me or who [ ] produced
as identification.
Name: kit ICI I,e lit
Notary Public, State of Florida 1\l YO-'
My Commission Number:'I WO(n 324 �l' 2.ir
My Commission Expires: 03/3Q /1
(NOTARY SEAL)
{36457492;4} 3
MICHELLE L WOOD
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01W06321929
Qualified in Kings County
Commission Expires Mar. 30. 2019
Submitted into the public
record f r ite s) �Z �,
on 5 City Clerk
Signed, sealed and delivered in the presence of:
WITNESSES:
A
Print
NG a tok4.4)9
Name: — t
LO,J21-CJ
Print Name: N Ii C I I 1L (,0 /C t-1
"OAK PLAZA"
OAK PLAZA ASSOCIATES (DEL.) LLC, a
Delaware limited liability company
By: Mia - esig istrict Associates
Manag- ' C, , laware limited liability
compa s er
By:
Name: - teven retenstein
Title: Vice -President
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was executed, acknowledged and delivered before me this 1
day of,\CC►Y1_,101'(\ , 201by Steven Gretenstein, the Vice -President of Miami Design
District Associates Manager, LLC, a Delaware limited liability c7ipany, as manager of Oak
Plaza (Del.) LLC, a Delaware limited liability company, who is [ ] personally known to me or
who [ ] produced as identification.
jEuLe
Name: f isi
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
(NOTARY SEAL)
ALICIA ALONSO-WELCH
l�J * MY COMMISSION#EE859276
EXPIRES: April 18, 2017
° Bonded Thru Budget Notary Services
(36457492;4) 4
Submitted into the public n
record f r ite s)
on 5 City Clerk
JOINDER OF MORTGAGEE FOR RS
The undersigned, holder of (i) that certain Mortgage, Assignment of Leases and Rents,
Security Agreement and Fixture Filing dated February 27, 2015, and recorded in Official
Records Book 29525 at Page 4594, of the Public Records of Miami -Dade County, Florida (the
"Public Records"), as amended by that certain Mortgage Modification and Spreader Agreement
and Certificate of Future Advance dated March 17, 2015, and recorded in Official Records Book
29544 at Page 1127 of the Public Records, and (ii) that certain Amended and Restated
Subordinate Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing,
dated March 17, 2015 and recorded in Official Records Book 29544 at Page 1140 of the Public
Records, both of which encumber that certain real property, referred to herein as the Building
Parcel, subject to the Covenant, as defined herein, hereby joins in, acknowledges, and consents
to said Release.
Signed, sealed and delivered in the presence of
WITNESSES:
‘7
Print N
Print Nam-, (7)rr
PACIFIC WESTERN BANK, a Califurnia
state chartered bank
By:
Name. �e s
Title: SvP
STATE OF Marylati (
COUNTY OF /vl0r1 ltyl'►1i9r'l/
The foregoing instrument was executed, acknowledged and delivered before me this IPA
day of De ce;i bt✓ , 2015, by i[evin e.5 , thesw?0,1;I;44„ y of Pacific Western Bank,
a California state chartered bank, who is { / j personally known to me or who [ j produced
as identification.
{36457492;4}
Lavitkt .ate
Name: War'ICLtz) •-riomas
Notary Public, State of Ma ry C(
My Commission Number:
My Commission Expires: May 30,ZGtb
(NOTARY SEAL)
WANDA Y THOMAS
NOTARY PUBLIC
PRINCE GEORGE'S COUNTY
MARYLAND
MY COMMISSION EXPIRES 5/30/16
5
Submitted into the public 0� ,
I.
orecord3 I Q 1 (s)16
on II I 0 CityClerk
JOINDER OF MORTGAGEE FOR OAK PLAZA
DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent for the lenders
("Agent"), being the holder of that certain Amended, Restated and Consolidated Mortgage and
Security Agreement and Notice of Future Advance made by OAK PLAZA ASSOCIATES
(DEL.) LLC, a Delaware limited liability company, dated as of May 15, 2015 and recorded in
Official Records Book 29619, Page 1704, in the Public Records of Miami -Dade County, Florida,
encumbering, among other things, certain real property, referred to herein as the Parking
Property, subject to the Declaration, as defined in the foregoing Release, in favor of the City of
Miami, Florida, hereby joins in, acknowledges, and consents to said Release.
Signed, sealed and delivered in the presence of:
A171TNz CSEQ
YY 1 11 L�., U•
Print Name: �MntA
Print Name: a kC,--)-Ar- 'O Vt) v‘vJv
Print Name: R1.CLLv tt'oCSv,“
STATE OF
COUNTY OF
ss.:
DEUTSCHE BANK AG NEW YORK
BRANCH
By:
Nam : 7 AMI R
Titl .
y:
Name:
Title:
5 OLISON
MANAGING DIRECTOR
Joanna Soliman
Vice President
The foregoing nstrument was a knowledge before me this day of
201 , by �D 1(,SCYn , the (V"of DEUTS HE BAND AG NE
YO BRANn behalf of the bank. S erson is personally known to me (YES) (NO)
or has produced as identification.
[Notarial Seal]
Notary Public
SASKJA A.IABRI I
Ia ary Public, State of New York
No. 01 LA62 7494C
Qualified in Kings County
14, h; i7
Printed Name of Notary
36457492;4)
6
ss.:
The foregoing instrument was ackri
201 by /,,vG So (i—avt , the
YORK BRANCH, on behalf of the bank.
or has produced
[Notarial Seal]
owledg d before me this
Submitted into the public
record
on 5 % 1 Is� City
Clerk
day o 4 _ U.�t
C (�%✓ e,c; o(ec-DEUTSHE BANK AG N
Such person is personally known to me (YES) (NO)
as identification.
ary Public
SAS IA A. LABRIiEL
Notary Public, State of New York
Printed Name of Notary Qualified jNo. Kings
C 0
in KKings Coun,y
Commission Expires January 14,10 ! 7
{36457492;4} 7
-APP O D--ASS-0-FORM-AN-D
CORRECTNESS:
OFFICE OF THE CITY ATTORNEY
By:
Printed: Victoria Mendez, Esquire
Its: City Attorney
Submitted into the public
record for itenl(s) Z G. i
on 51 1 L 116 • City Clerk
"CITY"
CITY OF MIAMI, a municipal corporation
located within the State of Florida
APPROVED:
OFFICE OF ZONING
By:
Printed: Devin Cejas
Its: Acting Zoning Administrator
APPROVED:
DEPARTMENT OF PUBLIC WORKS
By:
Printed: Eduardo Santamaria, P.E.
Its: Director
APPROVED:
BUILDING DEPARTMENT
APPROVED:
PLANNING DEPARTMENT
By:
Printed: Francisco J. Garcia
Its: Director
By:
Printed: Peter J. Iglesias, P.E.
Its: Senior Director/Building Official Planning & Zoning Departments
(36457492;4) 8
Submitted into the public
record for ite (s t'7
on 5 11 Z 1 16 • City Clerk
EXHIBIT "A"
Building Parcel
Lots 14 through 18, Block 2, Amended Plat of Commercial Biltmore 1921,
according to the Plat thereof as recorded in Plat Book 6 at Page 132 of the Public
Records of Miami -Dade County, Florida.
{ 36457492;4 } 9
Submitted into the public n 1
City Clerk
EXHIBIT "B"
Parking Parcel
Lots 4, 5, 6, 7, 8, Block 9, BILTMORE, according to the Plat thereof, as recorded
in Plat Book 6, at Page 67 of the Public Records of Miami -Dade County, Florida
{36457492;4) 10