HomeMy WebLinkAboutSupporting DocsSPECIAL APPEARANCE APPLICATION
Steven J. Wernick on behalf of Oak Plaza Associates (Del.), LLC and
1. Applicant(s): RS JZ Design 40, LLC
2. Subject property address(es) and folio number(s): 35 NE 40 St and 34-60 NE 41 St
3. One (1) original survey dated within six (6) months from the date of application prepared by a State
of Florida registered land surveyor.
4. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or
engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
5. After Hearing Boards, Public Works, Zoning and Planning initial and date the plans, two (2) 11x17"
and one (1) 81/2x11" copies of the original plan, including the survey.
6. Current Zoning Referral and Write -Up signed by the Office of Zoning designee.
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15. Original Public School Concurrency Management System Entered Requirements form.
16. The subject property(ies) cannot have any open code enforcement/lien violations.
17. What is the acreage of the project/property site? NIA
18. What is the purpose of this application/nature of proposed use? Release/ modification of covenant
Rcv. 07-2013 2
SPECIAL APPEARANCE APPLICATION
19. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning and Zoning Department on the 3`d Floor for information. No
20. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3rd Floor for information. No
21. What would be the anticipated duration of the presentation in front of the:
❑ Planning, Zoning and Appeals Board and/or Z1 City Commission 20 minutes
22. Cost of processing according to Section 62-22 of the Miami City Code*:
a. Petition for Public Hearing
b. Petition for Public Hearing requiring City Commission review
c. Advertising
d. Mail notice fee per notice
e. Meeting package mailing fee per package
$ 1,500.00
$ 2,500.00
$ 1,500.00
$ 4.50
$ 6.00
*Fees over $25, 000.00 shall be paid in the form of a certified check, cashier's check, or money order.
Signature
Name
Steven J. Wernick
Telephone 305.982.5579
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 9 day of JOY/Ciarl�
20 / (to , by �-I-PVe n W rri IG(c. 11
who is a(n) individual/partner/agentic• •oration of a(n)
individual/partnership/corporation. GP. he is personally known to me or who has produced
as identification and who did (did nttake an oath.
(Stamp)
.43 'P:;e`% MARIA GONZALEZ
* MY COMMISSION # FF 909142
EXPIRES: October 22,2019
4,,OF f e. Bonded Thru Budget Notary Services
Signature
Address 1 SE 3 Ave, Suite 2500
Miami, FL 33131
E-mail steven.wernick(c�akerman.com
Rev. 07-2013
SPECIAL APPEARANCE CHECKLIST
Reviewer Name
Steven J. Wernick
Review Date
305.982.5579
Applicant Name Contact Information
Release/ modification of covenant 35 NE 40 St and 34-60 NE 41 St
Project Name and Address
❑ Yes ❑ No 0 N/A
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
• Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
LJ No
❑ No
❑ No
❑ No
❑ No
❑ No
Cl No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ No
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
❑ N/A
Steven J. Wernick
One original survey dated within six months of application, with
building baseline established by the Department of Public Works
Two (2) 11x17" and one (1) 81/2x11" copies of the survey
One original plan signed by all departments (HB, PW, Z & P)
Two (2) 11x17" and one (1) 81/2x11 copies of the original plan
Current Zoning Referral
Zoning Write -Up, which includes the pre -application meeting comments
One (1) copy of Recorded Deed (legal description on Deed must
match legal description on survey)
"Exhibit A", legal description must match survey and Deed
Current photos, two (2) minimum, showing the entire property
Covenant running with the land
Proof of Lobbyist Registration
Affidavit of Authority to Act
Disclosure of Ownership of all owners
Disclosure of all contract purchasers
Certificate of Status from Tallahassee dated within 1 year of
application for Profit and Non-profit owners and contract purchasers
Corporate Res. or Power of Atty. from all owners or Board of Directors
Corp. Res. or Power of Atty. from all contract purchasers
Non -profits: List of Board of Directors (owners)
Non -profits: List of Board of Directors (contract purchasers)
Certified list of adjacent owners within 500 feet
Disclosure of Agreement to Support or Withhold Objection
Public School Concurrency
Letter of Intent & other pertinent documents
Code Enforcement violation(s)
All property addresses subject to this request listed
All questions answered
Paid receipt
, authorize any refund to be issued to
Akerman, LLP
1 SE 3 Ave, Suite 2500, Miami, FL 33131 (Name and Complete Address).
*If any information/documentation required above is missing, application is not accepted and all
documents are returned to the applicant.
*If all required information/documentation is presented, date stamp and initial the application.
Rev. 07-2013
8
Exhibit A
Legal Description
35 NE 40 ST
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.
{37257321;1)
Exhibit A
Legal Description
34-60 NE 41 ST
Lots 14, 15, 16, 17 and 18, in Block 2, of COMMERCIAL BILTMORE, according to the map or
plat thereof, as recorded in Plat Book 6, Page 132, of the Public Records of Miami -Dade County,
Florida.
{37310991;1}
CFN. 20120036600 BOOK 27965 PAGE 1284
DATE:01/18/2012 04:15:24 PM
DEED DOC 36,000.00
SURTAX 27,000.00
HARVEY RUVIN, CLERK OF COURT, MIA-0ADE Cr(
This instrument prepared by;
Thomas C. Cobb, Esq.
P.O. Box 763
Fairfield, FL 32634
When recorded return to:
Bryan. Hawks, Esq,
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131-3456
Folio Nos. 01-3124-024.1360, 01-3124-024-1370, 01.3124-024-
1380, 01-3124-024-1390, 01-3124-024-1400, 01-3124-024-1410, 01-
3124-024.1420
WARRANTY DEED
This Warranty Deed made as of the jx day of January, 2012, by _DESIGN DISTRICT
40Tt1 AND 41ST STREET, LLC, a Florida limited liability company ("Grantor"), having its
address at 3470 North Miami Avenue, Upper Suite, Miami, FL 33127 in favor of SWEET
VIRGINIA ACQUISITIONS, LLC, a Delaware limited liability company ("Grantee"), having
its address at 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137.
WITNESSETH, that Grantor, for and in consideration of the sum of Ten ($10.00) Dollars
in hand paid by Grantee and other valuable consideration, the receipt and sufficiency whereof is
hereby acknowledged, hereby grants, bargains and sells to the said Grantee and to Grantee's heirs
and assigns, in fee simple forever the real property described as follows (the "Land"):
Lots 4, 5, 6, 7 and 8, Block 9, of Biltmore, according to the Plat thereof, as recorded in Plat Book 6, page
67 of the Public Records of Miami -Dade County, Florida ("Parcel l"); and
Lots 1,2 and 3, Block 9, of Biltmore, according to the Plat thereof, as recorded in Plat Book 6, page 67 of
the Public Records of Miami -Dade County, Florida ("Parcel 2");
SUBJECT TO:
1. Real property taxes for the year 2012 and subsequent years.
SV Onc Warranty Deed .003
CFN 20120036600 BOOK 27965 PAGE 1285
Matters set forth in the Plat of Biltmore, as recorded in Plat Book 6, Page 67 of
the Public Records of Miami -Dade County, Florida.
3. Covenants running with the land, none of which is reimposed by this deed, set
forth in Section 15 of the unrecorded Settlement Agreement between (i) Luis
Penelas and Jane Herrera, individually and as representatives of the Buena Vista
East Historic Neighborhood Association, with a mailing address of 133 NE 47`i'
Street, Miami, FL 33137, and (ii) Urbana Development LLC, a Delaware
limited liability company with a business address of 35 NE 40th Street, Miami,
FL 33137, Aria Lofts, a Florida limited liability company, with a business
address of 35 NE 40th Street, Miami, FL 33137, and Jeff Morr, an individual
residing in Miami -Dade County, Florida; as amended by undated letter
agreement addressed to Mr. William Boehringer, Cube Miami, LLC and Aria
Miami, LLC, executed on behalf of Buena Vista East Historic Neighborhood.
4. Declaration of Restrictive Covenants in lieu of Unity of Title, filed February 4,
2005, in Official Records Book 23058, at page 904, as affected by Corrective
Declaration of Restrictive Covenants in Lieu of Unity of Title, filed March 9,
2005 in Official Records Book 23151, at page 4658, all in the public records of
Miami -Dade County, Florida (affects Parcel 1 only).
5. Declaration of Restrictive Covenants filed March 9, 2005, in Official Records
Book 23151, at page 4667, in the public records of Miami -Dade County, Florida
(affects Parcel 1 only).
TOGETHER with all and singular the tenements, hereditaments and appurtenances
thereunto belonging or in any way appertaining.
AND EXCEPT AS SET FORTH ABOVE, GRANTOR does hereby fully warrant the
title to said land, and will defend the same against the lawful claims and demands of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has executed this instrument.
Signed, sealed and delivered
In the presence of:
t,,4'
SV One Warranty Deed .003
DESIGN DISTRICT 40T" AND 41 S T
STREET, LLC, a Florida limited
liability company
By: / /
Asaf Cymbal
Manager
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
) SS.
}
CPN. 20120036600 BOOK 27965 PAGE 1286
The foregoing instrument was acknowledged before me this i 7 day of January, 2012 by
Asaf Cymbal, as Manager of DESIGN DISTRICT 4011r AND 41ST STREET, LLC, a Florida
limited liability company, on behalf of that company, He is personally known to me or X.
produced a n0 ,6- driver's license as proof of his identity.
CORDOVES
MY COMASSgN 1 EE 1298tIB
EXPIRES:Odotei 12,291b
Bonded Nu &old µwry woos
SV One Warranty Deed .003
NOTARY PUBLIC, State of Florida
My Commission Expires:
(SEAL)
RETURN TO:-ICJ5'1t
Firs: American Title Ins. Co.
666 Third Avenue, 5th Floor
New York, NY 10017
This Document Prepared By and Return to:
Marlyn J. Wiener, Esq.
6111 Broken Sound Parkway NW
Suite 330
Boca Raton, Florida 33487
Parcel ID Number: 01-3124-027-0180
111111111111111111111111111111111111111111
t•= F N 21.2115R0 1804,37
OR Sk 29544 Ns 1125 — 1126; (2pas
RECORDED 03/19/2015 11:54e02
DEED DOC: TAX 168,000.00
SURTAX 126,000.00
HARVEY RUVIN+ CLERK OF COURT
MIAMI—DADE COUNTY, FLORIDA
Special Warranty Deed
This Indenture, Made this 1.(th day ofMarch, 2015 A.D., Between
35 NE 40th Street, LLC, a Florida limited liability company
of the County of Miami -Dade, State of Horida, grantor, and
RS JZ Design 40, LLC, a Delaware limited liability company
whoseaddressis:45 Main Street, Suite 628, Brooklyn, NY 11201
of the County of Kings, State of New York, grantee.
Witnesseth that the GRANTOR, for and in consideration of the sum of
TEN DOLLARS ($10) DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEES heirs, successors and assigns forever, the following described land,
situate, lying and being in the County of Miami —Dade State of Florida to wit:
Lots 14, 15, 16, 17 and 18, in Block 2, of COMMERCIAL BILTMORE,
according to the Map or Plat thereof, as recorded in Plat Book 6, Page
132, of the Public Records of Miami -Dade County, Florida.
Together with the terms, provisions, and conditions contained in that
certain Declaration of Restrictive Covenants in favor of the City of
Miami, Florida, a Municipality of the State of Florida, recorded in
Official Records Book 23151, Page 4667.
Subject to restrictions, reservations and easements of record, if any,
and taxes subsequent to December 31, 2014.
Together with all 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 covenant with said grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and
lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful
claims of all person claiming by, through or under grantor,
In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Print=• Nam= he
•
Wit =•- t
•ri ed" ' e: om. r• rme/h "
Witness Or
35 NE 40th Street, LLC, a Florida
limited liabilit
BY: �`� (Seal)
f O. r, Managing Member
P.O. Address: 35 NE 40th Street, Miami, FL 33137
35 NE 40111
L 3T PAGE
STATE OF Florida
COUNTY OF Miami -Dade �Q
The foregoing instrument was acknowledged before me this day of March, 2015 by Jeff 0. Morr,
Managing Member of 35 NE 40th Street, LLC, a Florida limited liability
company who is personally known to me or who has produced his F],.�ida j} i Vert license : identific
4 MARLYN JOAN TNfTENFASS
`: MY COMMISSION 0 EE194843
EXPIRES May 02, 2016
153 RefkideNalsoveiroleatzery
Pi+inteEY 1Qame
Notary Publ
My Commission Expir
1
35 NE 40TH
Photos of 35 NE 40 St
Southwest View of Property
Southeast View of Property
{37276518;1}
Photos of 34-60 NE 41 Street
Northeast View of Property
Northwest View of Property
i37276565;1}
RECEIVED
2016 JAN -8 PM 2: 53
OFFICE OF
F MIAMI
CITY OF MIAMI
Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 Phone: (305) 250-5360
LOBBYIST REGISTRATION
(1) Lobbyist Name: Wernick, Steven J.
Print Form I
For Office Check# aperlf531
Use Only: Receipt#
Ethics Certificate
Last Name, First Name, Middle Initial
Business Phone: 305-982-5579
Business Address 1 SE 3rd Ave, 25th Floor, Miami, FL Zip 33131
E-Mail Address steven.wernick®akerman.com
(2) Principal Represented Oak Plaza Associates (Del .) , LLC
(3)
Principal's Business Address3841 NE end Ave, Miami, FL Zip 33137
(If different from above)
Specific issue lobbyist has been retained to lobby (if representing a corporation, partnership or trust, give business
address of chief officer, partner, or beneficiary of same, and the names and addresses of all persons holding,
directly or indirectly, at least five percent (5(Yo) ownership interest in said corporation, partnership or trust).
Special appearance/Release of Covenant for 35 NE 40 ST and 36-40 NE 41 ST
(4) Lobbyists shall state the extent of any business association or financial relationship with any member(s) of the
City Commission, any member of City staff before whom he/she lobbies or intends to lobby. (f applicable,
please explain)
N/A
Lobbyists shall pay all registration fees ($525,00 annually, plus $105,00 for each principal represented and for each issue
a lobbyist has been retained to lobby on behalf of any one principal), and specifically define the issue for which they are
employed. The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed.
Lobbyist shall also submit a certificate of completion of an ethics course provided by the Miami -Dade County
Commission on Ethics & Public Trust or City of Miaini completed no more than one (1) year prior to registering.
I do solemnly swear that all of the foregoing facts are true and correet, and I have read or am familiar with
the provisions contained in Sections 2-651 through 2-658 of the City of Miami Code, as amended,
including "annual registration, withdrawal, reporting requirements, definitions, examinations, penalties for
violations and contingency fees."
State of Florida, County of Miami -Dade
SAvorn to and subscribed before m t is
") day c.f.i.-DI DI 1�.lClr c�6 ,\.to
BUStAINEYM, SAINZ
MY COMMISSIQN # FF 919693
1 • ,, .ap EXPIRES: December21,2019
4,11„, Bonded Thni Notary Public Underwriters
Lobbyist Signature
Notary or Deputy Clerk
Note: Annual Registration Fee: Effective through 12/31/2016
(1)
RECEIVED
201E JAN --8 PM 2: 52
OFFICE 4 F OF M CITY
PERK
CITY OF MIAMI
Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 Phone: (305) 250-5360
LOBBYIST REGISTRATION
Lobbyist Name: Wernick, Steven J.
PrintPorm
For Office Check# 2CO1l S (Q
Use Only: `44q
Receipt#
Ethics Certificate
Last Name, First Name, Middle Initial
Business Phone: 305-982-5579
Business Address 1 SE 3rd Ave, 25th Floor,
Miami, FL
E-Mail Address steven.wernick@akerman.com
Zip 33131
(2) Principal Represented RS JZ Design 40, LLC
(3)
Principal's Business Address NE end Ave, Miami, FL Zip 33137
(If different from above)
Specific issue lobbyist has been retained to lobby (if representing a corporation, partnership or trust, give business
address of chief officer, partner, or beneficiary of same, and the names and addresses of all persons holding,
directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust).
Special appearance/Release of Covenant for 35 NE 40 ST and 36-40 NE 41 ST
(4) Lobbyists shall state the extent of any business association or financial relationship with any member(s) of the
City Commission, any member of City staff before whom he/she lobbies or intends to lobby. (If applicable,
please explain)
n/a
Lobbyists shall pay all registration fees ($525.00 annually, plus $105.00 for each principal represented and for each issue
a lobbyist has been retained to Lobby on behalf of any one principal), and specifically define the issue for which they are
employed, The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed.
Lobbyist shall also submit a certificate of completion of an ethics course provided by the Miami -Dade County
Cornlnissian on Ethics & Public Trust or City of Miami completed no more than one (1) year prior to registering.
1 do solemnly swear that all of the foregoing facts are true and correct, and 1 have read or am familiar with
the provisions contained in Sections 2-651 through 2-658 of the City of Miami Code, as amended,
including "annual registration, withdrawal, reporting requirements definitions, examinations, pen .1ties for
violations and contingency fees."
State of Florida, County of Miami -Dade
Sworn to and subscribed before piejhjs
day of )G111� 1Y� Ot
aYei!y";.; BUSWNEYM.SAINZ
r� MY COMMISSION N FF 919693
EXPIRES:December212019
entr�d'„a' Bonded Thru Notary Public Underwriters
Lobbyist Signature
Notary or Dcptrty Clerk
Note: Annual Registration Fee: Effective through 12/31/2016
SPECIAL APPEARANCE APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Steven J. Wernick
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, 0 including or 0 not including responses to day to day
staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names,
mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is
the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant sayeth not.
Steven J. Wernick
Applicant(s) Name Applicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE (�
The foregoing was acIc nowledged efore me this 029 day of Jgnatilly
20 I , by S+Q 2r 1 O Vtt�.�
who is a(n) individual/partner/agent/ owporation of a(n)
individual/partnership/corporation1�/She is personally known to me or who has produced
as identification and who did (did not) to
(Stamp)
401 .tY:Zet MARA GONZALEZ
MY COMMISSION # FF 909142
EXPIRES: October 22, 2019
TAireoF FL c, Bonded Do Budget Notary Semites
Signature
Rev. 07-2013 4
SPECIAL APPEARANCE 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) Oak Playa Associates (Del ) I I C
Percentage of Ownership See attached Schedule I
Subject Property Address(es) 34-60 NE 41 st 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): Legal Description(s):
Ga -(TIC / 9.( --C/-�
Oak Plaza Associates (Del.) LLC
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
r(s) or Attorney Signature
0(
the jsfi et President of Miami Design District
Manger, LLC, its Manager
The foregoingp as acknowledged lc) me this �day of iul on t y
20 iL , by S1 iVLM Cigt. tEadSieim
who is a(n) individual/partner/agent/corporation of mai b090 b;sh ci-mkagt/,LI(f' a(n)
individual/partnership/corporation. HeI. e is personally known to me e-4as prodeieed-
-ns-iderrtifisafieff and who did (did not) take an oath.
(Stamp)
ALICIA ALONSO-WELCH
* MY COMMISSION # EE 859276
EXPIRES: April 18, 2017
FLo\OQ Bonded Thru Budget Notary Services
OF
(11),..e, ft, Lid—Q-A-0
Signature
Rcv. 07-2013
5
SCHEDULE I
Oak Plaza Associates (Del.) LLC — 100% which is owned:
100% by MDDA Holdings Member, LLC, which is owned:
100% by MDDA Holdings, LLC, which is owned:
100% by Miami Design District Associates, LLC, which is owned:
38.3049% by CR Member, LLC which is owned:
98% by CR Member Holdings, LLC which is owned:
98% by Craig Robins
2% by Robins Children's Irrevocable Trust
2% by Robins Children's Irrevocable Trust
0.4451 % by Dacra Member LLC
38.75% by LRE DDM LLC
10% by AAC MDD Group LLC
12.5% by GGC-MDD, LLC
0131240201040
4136 MIAMI AVE N
PB 3-22 BUENA VISTA HGTS ADD AMD PL
N94FT OF LOTS 23 & 24 LESS E1OFT FOR
R/W BLK 5
LOT SIZE 94.000 X 100
0131240201060
4202 MIAMI AVE N
BUENA VISTA HGTS ADD AMD PL PB 3-22
S44FT LOTS 1 & 2 LESS ST BLK 6
LOT SIZE 44.000 X 100
0131240210220
4030 MIAMI AVE N
PRINCESS PARK PB 6-87
LOTS 1 & 2 BLK 2
LOT SIZE SITE VALUE
0131240210230
20 41 ST NW
PRINCESS PARK PB 6-87
LOT 3 BLK 2
LOT SIZE 50.000 X 105
0131240210240
24 41 ST NW
PRINCESS PARK PB 6-87
LOT 4 BLK 2
LOT SIZE 50.000 X 105
0131240210250
30 41 ST NW
PRINCESS PARK PB 6-87
LOT 5 BLK 2
LOT SIZE 50.000 X 105
0131240210260
48 41 ST NW
PRINCESS PARK PB 6-87
LOT 6 BLK 2
LOT SIZE 50.000 X 105
0131240210380
41 40 ST NW
24 53 41 PRINCESS PARK PB 6-87
LOT 19 BLK 2
LOT SIZE 50.000 X 100
BRAGIO LLC
4141 N MIAMI AVE STE 304
MIAMI, FL 33127-2869
PAVED PARADISE LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
MIAMI LA LA LA LLC
C/O GLENN GOLDBERG ESQ
MIAMI BAROKH LLC
200 CENTRAL AVE STE 290
SAINT PETERSBURG, FL 33701-4318
COURTNEY PARKING LLC
110 MERRICK WAY STE 3A
CORAL GABLES, FL 33134-5236
COURTNEY PARKING LLC
110 MERRICK WAY STE 3A
CORAL GABLES, FL 33134-5236
MARIA B GONZALEZ
& DIONNE RUIZ (JUANA ZALDIVAR)
30 NW 41ST ST
MIAMI, FL 33127-2806
PEDRO RODRIGUEZ &W LIDIA
48 NW 41ST ST
MIAMI, FL 33127-2806
NEA INVESTMENTS LLC
6780 CORAL WAY
MIAMI, FL 33155-1702
Florida Real Estate Decisions, Inc.
Page 2 of 19
0131240210550 DESIGN DISTRICT 39 LLC
39 39 ST NW 20900 NE 30TH AVE STE 311
PRINCESS PARK PB 6-87 MIAMI, FL 33180-2163
LOT 20 BLK 3
LOT SIZE SITE VALUE
0131240210560 ESJ DESIGN 27 LLC
27 39 ST NW 20900 NE 30TH AVE STE 311
PRINCESS PARK PB 6-87 MIAMI, FL 33180-2163
LOT 21 BLK 3
LOT SIZE SITE VALUE
0131240210570 SUN KING LLC
21 39 ST NW 3841 NE 2ND AVE STE 400
PRINCESS PARK PB 6-87 MIAMI, FL 33137-3699
LOT 22 BLK 3
LOT' SIZE SITE VALUE
0131240210580
3900 MIAMI AVE N
24 53 41 PRINCESS PARK PB 6-87
LOT 23 & 24 BLK 3
LOT SIZE 100.000 X 114
0131240210940
3852 MIAMI AVE N
PRINCESS PARK PB 6-87
LOT 1 & 2 BLK 6
LOT SIZE 100.000 X 114
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
0131240210950 SUN KING LLC
20 39 ST NW 3841 NE 2ND AVE STE 400
PRINCESS PARK PB 6-87 MIAMI, FL 33137-3699
LOT 3 BLK 6
LOT SIZE 50.000 X 100
0131240210960
28 39 ST NW
PRINCESS PARK PB 6-87
LOT 4 BLK 6
LOT SIZE 50.000 X 100
0131240211120
3800 MIAMI AVE N
PRINCESS PARK PB 6-87
LOT 23 & 24 BLK 6
LOT SIZE 100.000 X 114
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
3800 N MIAMI AVENUE LLC
10744 RICHMOND PL
HOLLYWOOD, FL 33026-4913
Florida Real Estate Decisions, Inc.
Page 4 of 19
,7
0131240240890
59 42 ST NE
BILTMORE SUB PB 6-67
LOT 20 BLK 5
LOT SIZE SITE VALUE
0131240240900
65 42 ST NE
BILTMORE SUB PB 6-67
LOT 21 BLK 5
LOT SIZE SITE VALUE
0131240240910
71 42 ST NE
BILTMORE SUB PB 6-67
LOT 22 ELK 5
LOT SIZE SITE VALUE
0131240240920
91 42 ST NE
BILTMORE SUB PB 6-67
LOT 23 BLK 5
LOT SIZE SITE VALUE
0131240240921
4200 1 AVE NE
24 53 41 BILTMORE SUB PB 6-67
LOT 24 BLK 5
LOT SIZE 50.000 X 100
0131240241040
100 43 ST NE
24 53 41 BILTMORE SUB PB 6-67
LOTS 13 & 14 BLK 6
0131240241050
111 42 ST NE
BILTMORE SUB PB 6-67
LOTS 15 & 16 BLK 6
LOT SIZE 100.000 X 100
0131240241070
131 42 ST NE
BILTMORE SUB PB 6-67
LOTS 17 & 18 BLK 6
LOT SIZE 100 X 100
TRAVIS JOHN COTT
DAMARIS COTT
59 NE 42ND ST
MIAMI, FL 33137-3523
PATRICIA ARCHER
65 NE 42ND ST
MIAMI, FL 33137-3523
YIGIT M ARAL &W MARIA A MORALES
2125 BISCAYNE BLVD STE 100
MIAMI, FL 33137-5005
WILFRED NELSON
CLAUDETTE NELSON
91 NE 42ND ST
MIAMI, FL 33137-3523
ARISTOS DEVELOPMENTS LLC
175 SW 7TH ST STE 2112
MIAMI, FL 33130-2962
ERNESTO ALFREDO MATHIES HILL
126 E RIVO ALTO DR
MIAMI BEACH, FL 33139-1246
DAVID BRACHA &W JOAN
111 NE 42ND ST
MIAMI, FL 33137-3517
MDDA BLUE SKY LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page 7of19
0131240241140
4135 1 AVE NE
BILTMORE SUB PB 6-67
LOTS 1 & 2 BLK 7
LOT SIZE 100.000 X 115
0131240241150
115 41 ST NE
BILTMORE SUB PB 6-67
LOTS 3 & 4 BLS 7
LOT SIZE 104.600 X 115
0131240241160
135 41 ST NE
BILTMORE SUB PE 6-67
LOT 5 BLK 7
LOT SIZE 60.000 X 105
0131240241170
120 42 ST NE
24 53 41 BILTMORE SUB PE 6-67
LOT 6 BLS 7
LOT SIZE SITE VALUE
0131240241180
4120 1 AVE NE
BILTMORE SUB PB 6-67
LOTS 1 & 2 BLS 8
LOT SIZE 100.000 X 100
0131240241190
80 42 ST NE
BILTMORE SUB PB 6-67
LOT 3 BLK 8
LOT SIZE SITE VALUE
0131240241200
68 42 ST NE
BILTMORE SUB PB 6 67
LOT 4 BLS 8
LOT SIZE SITE VALUE
0131240241210
58 42 ST NE
BILTMORE SUB PB 6-67
LOT 5 BLS 8
LOT SIZE SITE VALUE
NELSON EDUARDO SANCHEZ JTRS
DAISY RUEDA SANCHEZ JTRS
4135 NE 1ST AVE
MIAMI, FL 33137-3503
FCAA LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SCARLET BEGONIA HOLDINGS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
BLUE BAY INVESTMENTS LLC
4628 EL MAR DR
FORT LAUDERDALE, FL 33308-3618
BASIL BINNS II
4120,NE 1ST AVE
MIAMI, FL 33137-3504
80 NE 42ND STREET LLC
4141 NE 2ND AVE STE 200B
MIAMI, FL 33137-3558
INSTITUTE OF CONTEMPORARY ART MIAMI INC
4040 NE 2ND AVE STE 200
MIAMI, FL 33137-3548
INSTITUE OF CONTEMPORARY ART MIAMI INC
4040 NE 2ND AVE STE 200
MIAMI, FL 33137-3548
Florida Real Estate Decisions, Inc.
Page 8of19
0131240241290
23 41 ST NE
BILTMORE SUB PB 6-67
LOT 15 BLK 8
LOT SIZE 50.000 X 105
0131240241300
31 41 ST NE
BILTMORE SUB PB 6-67
LOT 16 BLK 8
LOT SIZE 50.000 X 105
0131240241301
BILTMORE SUB PB 6-67
LOT 17 BLK 8
LOT SIZE 50.000 X 105
0131240241310
45 41 ST NE
BILTMORE SUB PB 6-67
LOT 18 BLK 8
LOT SIZE 50.000 X 105
0131240241320
53 41 ST NE
24 53 41 BILTMORE SUB PB 6-67
LOT 19 BLK 8
LOT SIZE 50.000 X 105
0131240241330
61 41 ST NE
BILTMORE SUB PB 6-67
LOT 20 & W1/2 OF LOT 21 BLK 8
LOT SIZE 75.000 X 105
0131240241340
77 41 ST NE
BILTMORE SUB PB 6-67
LOT 22 & E1/2 LOT 21 BLK 8
LOT SIZE 75.000 X 105
0131240241350
4100 1 AVE NE
BILTMORE SUB PB 6-67
LOTS 23 & 24 LESS N46FT BLK 8
LOT SIZE 58.600 X 100
41 43 NW 41 ST LLC
4 HARBOR PT
KEY BISCAYNE, FL 33149-1716
41ST ST ART SPACE LLC
4 HARBOR PT
KEY BISCAYNE, FL 33149-1716
41 ST ART SPACE LLC
4 HARBOR PT
KEY BISCAYNE, FL 33149-1716
45 DESIGN DISTRICT LLC
4141 NE 2ND AVE STE 200B
MIAMI, FL 33137-3558
INSTITUTE OF CONTEMPORARY ART MIAMI INC
4040 NE 2ND AVE STE 200
MIAMI, FL 33137-3548
INSTITUTE OF CONTEMPORARY ART MIAMI INC
4040 NE 2ND AVE STE 200
MIAMI, FL 33137-3548
UPTOWN GIRL DEVELOPMENT LLC
3841 NE 2ND AVE STE'400
MIAMI, FL 33137-3699
UPTOWN GIRL DEVELOPMENT LLC
C/0 DACRA
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page 10 of 19
0131240241351
4112 1 AVE NE
BILTMORE SUB PB 6-67
N46FT OF LOTS 23 & 24 BLK 8
LOT SIZE 46.000 X 100
0131240241360
90 41 ST NE
BILTMORE SUB PB 6-67
LOT 1 BLK 9
LOT SIZE 50.000 X 105
0131240241370
84 41 ST NE
BILTMORE SUB PB 6-67
LOT 2 BLK 9
LOT SIZE 50.000 X 105
0131240241380
80 41 ST NE
BILTMORE SUB PB 6-67
LOT 3 BLK 9
LOT SIZE 50.000 X 105
0131240241430
28 41 ST NE
BILTMORE SUB PB 6-67
LOT 9 BLK 9
LOT SIZE 50.000 X 105
0131240241440
20 41 ST NE
BILTMORE SUB PB 6-67
LOT 10 BLK 9
LOT SIZE 50.000 X 105
0131240241450
10 41 ST NE
BILTMORE SUB PB 6-67
LOTS 11 & 12 LESS W52FT BLK 9
LOT SIZE SITE VALUE
0131240241460
4029 MIAMI AVE N
BILTMORE SUB PB 6-67
W52FT OF LOTS 11 & 12
LESS W10FT FOR R/W BLK 9
LOT SIZE SITE VALUE
KTP LAND LTD
4112 NE 1ST AVE
MIAMI, FL 33137-3504
SWEET VIRGINIA ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SWEET VIRGINIA ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SWEET VIRGINIA ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
41ST ST ART SPACE LLC
4 HARBOR PT
KEY BISCAYNE, FL 33149-1716
ORCHARD HOLDING INVEST GROUP LLC
20900 NE 30TH AVE STE 514
MIAMI, FL 33180-2164
DIECI DEVELOPMENT LLC
1024 LENOX AVE APT 5
MIAMI BEACH, FL 33139-4828
4029 N MIA AVE LLC
6218 N FEDERAL HWY
FORT LAUDERDALE, FL 33308-1904
Florida Real Estate Decisions, Inc.
Page 11 0f 19
0131240241490
144 41 ST NE
BILTMORE SUB PB 6-67
LOT 7 BLK 10
LOT SIZE 50.000 X 105
0131240241500
140 41 ST NE
BILTMORE SUB PB 6-67
LOT 8 BLK 10.
LOT SIZE 50.000 X 105
0131240241510
24 53 41 BILTMORE SUB PB 6-67
LOT 9 BLK 10
LOT SIZE 50.000 X 105
0131240241520
24 53 41 BILTMORE SUB PB 6-67
LOT 10 BLK 10
LOT SIZE 50.000 X 105
0131240241530
112 41 ST NE
BILTMORE SUB PB 6-67
LOT 11 BLK 10
LOT SIZE 50.100 X 105
0131240241540
4039 1 AVE NE
BILTMORE SUB PB 6-67
LOT 12 BLK 10
LOT SIZE 50.000 X 105
0131240241550
150 42 ST NE
24 53 41 1.5 AC
BILTMORE SUB PB 6-67
W325FT UNNUMBERED TR LESS RD MARKED
Z T MERRITT
LOT SIZE IRREGULAR
0131240260180
3801 MIAMI AVE N
24 53 41 CENTRAL ADD BUENA VISTA PB 3-191
LOTS 1 & 2 LESS W PORTION LYG
IN R/W BLK 3
LOT SIZE 92.700 X 87
WILD HORSES MOSAIC LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
FCAA LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
DESIGN DIST DEV PARTNERS LLC
6547 MIDNIGHT PASS RD # 3
SARASOTA, FL 34242-2506
DESIGN DIST DEV PARTNERS LLC
6547 MIDNIGHT PASS RD # 3
SARASOTA, FL 34242-2506
DESIGN DIST DEV PARTNERS LLC
6547 MIDNIGHT PASS RD # 3
SARASOTA, FL 34242-2506
TINY DANCER ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
FCAA LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
170 NE 40 STREET INC
85 NW 71 ST LLC 3D 85 LLC
45 NE 39TH ST
MIAMI, FL 33137-3629
Florida Real Estate Decisions, Inc.
Page 12of19
0131240260200
3819 MIAMI AVE N
CENTRAL ADD BUENA VISTA PB 3-191
LOT 3 LESS W15FT FOR R/W BLK 3
LOT SIZE 48.000 X 87
0131240260220
3840 MIAMI CT NE
CENTRAL ADD BUENA VISTA PB.3-191
LOT 5 BLK 3
LOT SIZE 4.8.000 X 102
0131240260230
3800 MIAMI CT NE
24 53 41
PB 3-191 CENTRAL ADD BUENA VISTA
LOTS 6 THRU 8 LESS S1OFT & EXT AREA OF
CURVE IN SE COR FOR R/W BLK 3
LOT SIZE 13636 SQ FT M/L
0131240270060
151 40 ST NE
COMM BILTMORE PB 6-132
LOTS 13 & 14 BLK 1
0131240270062
145 40 ST NE
COMM BILTMORE PB 6-132
LOT 15 BLK 1
LOT 'SIZE 25.000 X 100
0131240270070
123 40 ST NE
COMM BILTMORE PB 6-132
LOTS 16 THRU 20 BLK 1
LOT SIZE 125.000 X 100
0131240270100
111 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOTS 21 & 22 BLK 1
LOT SIZE IRREGULAR
0131240270110
101 40 ST NE
COMM BILTMORE PB 6-132
LOTS 23 & 24 BLK 1
LOT SIZE 50.000 X 100
LGD COMMUNICATIONS INC
3819 N MIAMI AVE
MIAMI, FL 33127-2905
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
CHOLLA 3800 LLC
C/O GREG SCHOTT L3 CAPITAL LLC
400 N MICHIGAN AVE STE 800
CHICAGO, IL 60611-4148
MORADA DESIGN LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
GATOR AQUISITIONS INC
1595 NE 163RD ST
NORTH MIAMI BEACH, FL 33162-4717
GATOR AQUISITIONS INC
1595 NE 163RD ST
NORTH MIAMI BEACH, FL 33162-4717
111 NE 40 ST LC
C/O CHARIFF REALTY GROUP
4141 NE 2ND AVE STE 200B
MIAMI, FL 33137-3558
MIAMI DD 101. BLUE LLC
C/O CENTURY REALTY INC
22 CORTLANDT ST FL 5TH
NEW YORK, NY 10007-3109
Florida Real Estate Decisions, Inc.
Page 13 of 19
0131240270120
95 40 ST NE
COMM BILTMORE PB 6-132
LOTS 1 2 3& 4 BLK 2
LOT SIZE 100.000 X 100
0131240270130
81 40 ST NE
24 53 41 COMM BILTMORE PE 6-132
LOTS 5 TO 7 INC BLK 2
LOT SIZE 75.000 X 100
0131240270140
73 40 ST NE
COMM BILTMORE PB 6-132
LOTS 8 & 9 BLK 2
LOT SIZE 50.000 X 100
0131240270150
71 40 ST NE
COMM BILTMORE PE 6-132
LOT 10 BLK 2
LOT SIZE 25.000 X 100
0131240270160
61 40 ST NE
COMIN BILTMORE PB 6-132
LOT 11 BLK 2
LOT SIZE 25.000 X 100
0131240270170
51 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOTS 12 & 13 ELK 2
LOT SIZE SITE VALUE
0131240270210
1 40 ST NE
COMM BILTMORE PB 6-132
LOTS 19 THRU 24 LESS W1OFT OF LOTS 21 TO
24 FOR R/W BLK 2
LOT SIZE IRREGULAR
0131240270270
92 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOTS 1-2 & 3 BLK 3
LOT SIZE 75.000 X 100
LOVELY RITA ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SWEET VIRGINIA ACQUISITIONS TWO
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
GOD IS AMAZING LLC
RAJNI AGARWAL TRS
RAJNI AGARWAL TRUST
660 CAMPANA AVE
CORAL GABLES, FL 33156-4223
IVETTE ARANGO INTERIOR DESIGNS LLC
71 NE 40TH ST
MIAMI, FL 33137-3509
VESE LLC
C/O IVETTE AREVALO
71 NE 40TH ST
MIAMI, FL 33137-3509
OXFER COLLECTION CORP
3148 INDIANA ST
MIAMI, FL 33133-4413
RS JZ DESIGN 40 LLC
C/O REDSKY CAPITAL LLC
45 MAIN ST STE 628
BROOKLYN, NY 11201-1085
NORWEGIAN WOOD ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page 14 of 19
0131240270420
10 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOTS 19 & 20 & E5FT OF LOTS 21 TO 24 INC
BLK 3 & N 2 IN OF LOT 10 & N 2 IN OF E2FT
OF LOT 11 BLK 1 OF BILTMORE COURT PB 7- 37
LOT SIZE 55.000 X 100
0131240270430
3995 MIAMI AVE N
COMM BILTMORE PE 6-132
W102FT OF LOTS 21 TO 24 INC
LESS W1OFT FOR R/W BLK 3
LOT SIZE 9066 SQUARE FEET
0131240280100
130 40 ST NE
COMM BILTMORE 2ND SEC PB 12-44
LOTS 15 THRU 18
LOT SIZE 100.000 X 100
0131240280140
114 40 ST NE
24 53 41 COMM BILTMORE 2ND SEC PE 12-44
LOTS 19 & 20
LOT SIZE 50.000 X 100
0131240280150
108 40 ST NE
COMM BILTMORE 2ND SEC PE 12-44
LOT 21 & E2OFT OF LOT 22
LOT SIZE 45.000 X 100
0131240280160
100 40 ST NE
COMM BILTMORE 2ND
W5FT LOT 22 & ALL
UNNUM ED LOT 13 X
PB 6-132 LOT SIZE
SEC PE 12-44
LOT 23 &
100FT LYING W & ADJ
44.000 X 100
0131240290010
99 39 ST NE
BILTMORE COURT PB 7-37
LOTS 1 & 2 ELK 1
LOT SIZE 100.000 X 94
0131240290020
81 39 ST NE
BILTMORE COURT PE 7-37
LOT 3 ELK 1
LOT SIZE 50.000 X 94
THOR 2 54 NE 40TH LLC
C/0 RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
THOR 2 54 NE 40 LLC
C/0 RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
PB3940 SHORT TERM LLC
C/0 TRISTAR CAPITAL
510 LINCOLN RD
MIAMI BEACH, FL 33139-2914
PB3940 SHORT TERM LLC
C/0 TRISTAR CAPITAL
510 LINCOLN RD
MIAMI BEACH, FL 33139-2914
CUMBERLAND ACQUISITIONS LLC
866 S DIXIE HWY
CORAL GABLES, FL 33146-2603
CUMBERLAND ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
LADY JANE ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
THOR ASE 75 NE 39 LLC
C/0 THOR EQUITIES
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
Florida Real Estate Decisions, Inc.
Page 16 of 19
0131240290030
75 39 ST NE
24 53 41 BILTMORE COURT PB 7-37
LOT 4 BLK 1
LOT SIZE 50.000 X 94
0131240290040
55 39 ST NE
BILTMORE COURT PB 7-37
LOT 5 BLK 1
LOT SIZE 50.000 X 94
0131240290050
53 39 ST NE
BILTMORE COURT PB 7-37
LOT 6 BLK 1
LOT SIZE 50.000 X 94
0131240290060
45 39 ST NE
BILTMORE COURT PB 7-37
LOT 7 & LOT 8 BLI{ 1
LOT SIZE 100.000 X 94
0131240290080
21 39 ST NE
BILTMORE COURT PB 7-37
LOT 9 & LOT 10 LESS N 2 INCHES BLK 1
LOT SIZE 100.000 X 94
0131240290100
3925 MIAMI AVE N
BILTMORE COURT PB 7-37
LOT 11 LESS N2IN OF E2FT & LESS W 10FT &
LOT 12 LESS W1OFT BLK 1
LOT SIZE 60.000 X 97
0131240290110
15 39 ST NE
BILTMORE COURT PB 7-37
LOT 13 LESS W1OFT BLK 1
LOT SIZE 34.500 X 97
0131240290130
90 39 ST NE
24 53 41 BILTMORE COURT PB 7-37
LOTS 1-2 & 3 BLK 2
LOT SIZE 150 X 91
THOR ASB 75 NE 39 LLC
C/O THOR EQUITIES
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
THOR ASB C/O THOR EQUITIES
25 W 39TH ST
NEW YORK, NY 10018-3805
THOR 53 NE 39TH LLC
C/O RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
RS JZ 21 NE 39TH LLC
C/O REDSKY CAPITAL LLC
45 MAIN ST STE 628
BROOKLYN, NY 11201-1085
RS JZ 21 NE 39TH LLC
C/O REDSKY CAPITAL LLC
45 MAIN ST STE 628
BROOKLYN, NY 11201-1085
THOR 3925 NORTH MIAMI AVE LLC
C/O RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
THOR 3925 NORTH MIAMI AVE LLC
C/O THOR EQUITIES
25 W 39TH ST
NEW YORK, NY 10018-3805
MONTE CARLO ASSOCIATES LTD
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page 17of19
0131240290150
50 39 ST NE
24 53 41 BILTMORE COURT PE 7-37
LOTS 7 & 8 LESS W3OFT LOT 8 BLK
0131240290160
30 39 ST NE
BILTMORE COURT PB 7-37
LOT 9 LESS E15FT FOR ST
& LOT 10 LESS W9FT BLK 2
0131240290170
3825 MIAMI AVE N
BILTMORE COURT PB 7-37
W9FT LOT 10 & ALL LOTS 11-12-13 BLK 2 &
LOT 4 BLK 3 PER PB 3-191 LESS W15FT OF
LOT 4 BLK 3 FOR ST & LESS EXTERNAL AREA IN
NW COR LOT 11 FOR R/W
LOT SIZE IRREGULAR
0131240300070
135 39 ST NE
24 53 41 MAGNOLIA COURT PB 6-105
LOT 10 BLK 1
LOT SIZE 50.000 X 94
0131240300080
119 39 ST NE
24 53 41 MAGNOLIA COURT PB 6-105
ALL LOT 11 & E3FT LOT 12 BLK 1
LOT SIZE 53.000 X 94
0131240300090
101 39 ST NE
MAGNOLIA COURT PE 6-105
LOT 12 LESS E3FT & LOT 13 LESS TH PT LYG
IN R/W & LOT A BILTMORE CT PB 7-37 BLK 1
LOT SIZE 87.000 X 94
0131240330240
3800 1 AVE NE
COMM BUENA VISTA PB 14-56
LOTS 2 THRU 18 BLK 2 LESS EXT AREA OF
CURVE IN SW COR FOR R/W
LOT SIZE 40888 SQ FT
0131240330390
3815 MIAMI CT NE
COMM BUENA VISTA PB 14-56
LOTS 19-20 & 21
LESS E31.1FT OF EACH BLK 2
LOT SIZE 73.000 X 69
PENNY LANE ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
PALM BEACH HOLDINGS 3940 LLC
C/O TRISTAR CAPITAL
510 LINCOLN RD
MIAMI BEACH, FL 33139-2914
HALE DANIEL DESIGN LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
CUMBERLAND ACQUISITIONS LLC
866 S DIXIE HWY
CORAL GABLES, FL 33146-2603
MDDA GARAGE LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
PENNY LANE ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page 18 of 19
0131240340010
70 39 ST NE
24 53 41 0.707 AC M/L
LETTER CARRIER PROPERTY SUB PB 78-10
TRACT A
LOT SIZE IRREGULAR
0131240460010
100 39 ST NE
PALM WAY SUBDIVISION
PB 170-032 T-23201
TRACT A
LOT SIZE 14096 SQ FT M/L
0131240270040
155 40 ST NE
COMM BILTMORE
LOTS 8 THRU 12 BLK 1
LOT SIZE 125.000 X 100.00
0131240280090
140 40 ST NE
COMM BILTMORE 2ND SEC PE 12-44
LOT 14
LOT SIZE 25.000 X 100
TROPICAL LETTER CARRIERS HOLDING CORP
70 NE 39TH ST
MIAMI, FL 33137-3643
OAK PLAZA ASSOCIATES (DEL) LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
MOSAIC LLC
3841 NE 2 AVE, STE 400
MIAMI, FL 33137
GATOR ENGLISH LC
C/O GATOR DEVELOPMENT CORP
1595 NE 163 ST
NO MIAMI BEACH, FL 33162-4717
Florida Real Estate Decisions, Inc,
Page 19 of 19
SPECIAL APPEARANCE 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) RS JZ Design 40, LLC
Percentage of Ownership See attached Schedule I
Subject Property Address(es) 35 NE 40 St
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):
Steven J. Wernick
Owner(s) or Attorney Name
Legal Description(s):
cLcLS _ ..`
Owners or Attorney Signature Owner(s or Signature
STATE OF FLORIDA — COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this r day of JL lgUai if
20 f (P by +ev'QY i V J (y ia.
who is a(n) individual/partner/agentic .yoration of a(n)
as identification an 'Who did(did ; _ vyn to me or who has produced
individual/partnership/corporation. Hp)She is personally kno
not) tae an ath.
(Stamp) .10».A.,�
1pPY `.'„k ARIA GONZALEZ
* MY COMMISSION # FF 909942
EXPIRES: October 22, 2010
61/2
,PeoFAo��0. Bonded Thru Budget Notary Services
Signature
Rev. 07-2013
5
BB FF Design 40, LLC (5%)
EIN: 47-2970949
DE Org ID: 5681853
Schedule I
Ben Bernstein (50%)
Ben Stokes (50%)
RedSky Capital, LLC
EIN: 20-8134558
DE Org ID: 4259548
(manager promoted- interest)
RS JZ Design 40 Holdings, LLC (100%)
EIN: 47-2956542
DE Org ID: 5681859
RS JZ Design 40 Investors, LLC (100%)
EIN: 47-2923692
DE Org ID: 5681852
RS JZ Design 40, LLC
EIN: 47-2792057
DE Org ID: 5649961
Property
1 NE 40th Street,
Miami, FL
JZ REIT Florida Investor, LLC (95%)
EIN: 46-3433912
DE Org ID: 5240966
Schedule II
0131240200850
4100 MIAMI AVE N
PB 3-22 BUENA VISTA HGTS ADD AMD PL
LOT 1 LESS E10FT & ALL LOT 2 BLK 5
0131240200860
19 41 ST Nw
24 53 41
PB 3-22 BUENA VISTA HGTS ADD AMD PL
LOT 3 BLK 5
LOT SIZE 50.000 X 144
0131240200870
27 41 ST NW
BUENA VISTA HGTS ADD AMD PL PB 3-22
LOT 4 BLK 5
LOT SIZE SITE VALUE
0131240200880
31 41 ST NW
BUENA VISTA HGTS ADD AMD PL PB 3-22
LOT 5 BLK 5
LOT SIZE 50.000 X 144
0131240200890
43 41 ST NW
BUENA VISTA HGTS ADD AMD PL PB 3-22
LOT 6 BLK 5
LOT SIZE SITE VALUE
0131240201010
30 42 ST NW
BUENA.VISTA HGTS ADD AMD PL PB 3-22
LOT 21 BLK 5
LOT SIZE 50.000 X 144
0131240201020
20 42 ST NW
BUENA VISTA HGTS ADD AMD PL PB 3-22
LOT 22 BLK 5
LOT SIZE SITE VALUE
0131240201030
4128 MIAMI AVE N
BUENA VISTA HGTS ADD AMD
S50FT LOTS 23 & 24 BLK 5 LESS E1OPT TO
CITY PB 3-22
LOT SIZE 50.000 X 100
COURTNEY PROPERTIES LLC
5151 PINE TREE DR
MIAMI BEACH, FL 33140-2107
COURTNEY PROPERTIES LLC
5151 PINE TREE DR
MIAMI BEACH, FI, 33140-2107
27 DESIGN LLC
C/O KAREN REITER
1720 NE 198TH TER
MIAMI, FL 33179-3148
INGRID MAGARIN
31 NW 41ST ST
MIAMI, FL 33127-2805
NEW HORIZONS COMMUNITY
MENTAL HEALTH CENTER INC
1469 NW 36TH ST
MIAMI, FL 33142-5557
SYLVANTE ABRAHAM
& ALLEN L MCPHEE
32 NW 42ND ST
MIAMI, FL 33127-2857
THE ARCHITECTURAL DESIGN CONSORTIUM INC
4128 N MIAMI AVE
MIAMI, FL 33127-2846
THE ARCHITECTURAL DESIGN CONSORTIUM INC
4128 N MIAMI AVE
MIAMi, FL 33127-2846
Florida Real Estate Decisions, Inc.
Pagel of19
0131240201040
4136 MIAMI AVE N
PE 3-22 BUENA VISTA HGTS ADD AMD PL
N94FT OF LOTS 23 & 24 LESS E10FT FOR
R/W BLK 5
LOT SIZE 94.000 X 100
0131240201060
4202 MIAMI AVE N
BUENA VISTA HGTS ADD AMD PL PB 3-22
S44FT LOTS 1 & 2 LESS ST BLK 6
LOT SIZE 44.000 X 100
0131240210220
4030 MIAMI AVE N
PRINCESS PARK PB 6-87
LOTS 1 & 2 BLK 2
LOT SIZE SITE VALUE
0131240210230
20 41 ST NW
PRINCESS PARK PB 6-87
LOT 3 BLK 2
LOT SIZE 50.000 X 105
0131240210240
24 41 ST NW
PRINCESS PARK PB 6-87
LOT 4 ELK 2
LOT SIZE 50.000 X 105
0131240210250
30 41 ST NW
PRINCESS PARK PB 6-87
LOT 5 ELK 2
LOT SIZE 50.000 X 105
0131240210260
48 41 ST NW
PRINCESS PARK PB 6787
LOT 6 BLK 2
LOT SIZE 50.000 X 105
0131240210380
41 40 ST NW
24 53 41 PRINCESS PARK PB 6-87
LOT 19 BLK 2
LOT SIZE 50.000 X 100
BRAGIO LLC
4141 N MIAMI AVE STE 304
MIAMI, FL 33127-2869
PAVED PARADISE LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
MIAMI LA LA LA LLC
C/O GLENN GOLDBERG ESQ
MIAMI BAROKH LLC
200 CENTRAL AVE STE 290
SAINT PETERSBURG, FL 33701-4318
COURTNEY PARKING LLC
110 MERRICK WAY STE 3A
CORAL GABLES, FL 33134-5236
COURTNEY PARKING LLC
110 MERRICK WAY STE 3A
CORAL GABLES, FL 33134-5236
MARIA B GONZALEZ
& DIONNE RUIZ (JUANA ZALDIVAR)
30 NW 41ST ST
MIAMI, FL 33127-2806
PEDRO RODRIGUEZ &W LIDIA
48 NW 41ST ST
MIAMI, FL 33127-2806
NEA INVESTMENTS LLC
6780 CORAL WAY
MIAMI, FL 33155-1702
Florida Real Estate Decisions, Inc.
Page2of19
0131240210390
39 40 ST NW
24 53 41 PRINCESS PARK PB 6-87
LOT 20 BLK 2
LOT SIZE 50.000 X 100
0131240210400
PRINCESS PARK PB 6-87
LOT 21 BLK 2
LOT SIZE 50.000 X 100
0131240210401
15 40 ST NW
PRINCESS PARK PB 6-87
LOT 22 BLK 2
LOT SIZE SITE VALUE
0131240210410
4000 MIAMI AVE N
PRINCESS PARK PB 6-87
LOTS 23 & 24 BLK 2
LOT SIZE 100.000 X 114
0131240210420
3946 MIAMI AVE N
PRINCESS PARK PB 6-87
LOTS 1 TO 4 INC BLK 3
LOT SIZE IRREGULAR
0131240210430
34 40 ST NW
24 53 41 PRINCESS PARK PB 6-87
LOT 5 BLK 3
LOT SIZE 50.000 X 100
0131240210440
44 40 ST NW
PRINCESS PARK PB 6-87
LOT 6 BLK 3
LOT SIZE 50.000 X 100
0131240210540
43 39 ST NW
PRINCESS PARK PB 6-87
LOT 19 BLK 3
LOT SIZE SITE VALUE
NEA INVESTMENTS LLC
322 MADEIRA AVE APT 206
CORAL GABLES, FL 33134-4211
LIVING ROOM PROPERTIES INC
921 SW WASHINGTON ST STE 220
PORTLAND, OR 97205-2841
LIVING ROOM PROP INC
921 SW WASHINGTON ST
PORTLAND, OR 97205-2827
LIVING ROOM PROP INC
921 SW WASHINGTON ST STE 220
PORTLAND, OR 97205-2841
3946 MIAMI OWNER LLC
C/O MARJORIE S MARGOLIES ETAL
140 N FEDERAL HWY FL 2
BOCA RATON, FL 33432-3946
3946 MIAMI OWNER LLC
C/O MARJORIE S MARGOLIES ETAL
140 N FEDERAL HWY FL 2
BOCA RATON, FL 33432-3946
EDNA WELLINGTON
44 NW 40TH ST
MIAMI, FL 33127-2914
WILLIAM RAMOS RODRIGUEZ &W ROSALINA
43 NW 39TH ST
MIAMI, FL 33127-2909
Florida Real Estate Decisions, Inc.
Page 3of19
0131240210550
39 39 ST NW
PRINCESS PARK PB 6-87
LOT 20 BLK 3
LOT SIZE SITE VALUE
DESIGN DISTRICT 39 LLC
20900 NE 30TH AVE STE 311
MIAMI, FL 33180-2163
0131240210560 ESJ DESIGN 27 LLC
27 39 ST NW 20900 NE 30TH AVE STE 311
PRINCESS PARK PB 6-87 MIAMI, FL 33180-2163
LOT 21 BLK 3
LOT SIZE SITE VALUE
0131240210570
21 39 ST NW
PRINCESS PARK PE 6-87
LOT 22 ELK 3
LOT -SIZE SITE VALUE
0131240210580
3900 MIAMI AVE N
24 53 41 PRINCESS PARK PE 6-87
LOT 23 & 24 BLK 3
LOT SIZE 100.000 X 114
0131240210940
3852 MIAMI AVE N
PRINCESS PARK PB 6-87
LOT 1 & 2 BLK 6
LOT SIZE 100.000 X 114
0131240210950
20 39 ST NW
PRINCESS PARK PB 6-87
LOT 3 ELK 6
LOT SIZE 50.000 X 100
0131240210960
28 39 ST NW
PRINCESS PARK PB 6-87
LOT 4 ELK 6
LOT SIZE 50.000 X 100
0131240211120
3800 MIAMI AVE N
PRINCESS PARK PE 6-87
LOT 23 & 24 BLK 6
LOT SIZE 100.000 X 114
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
3800 N MIAMI AVENUE LLC
10744 RICHMOND PL
HOLLYWOOD, FL 33026-4913
Florida Real Estate Decisions, Inc.
Page 4 of 19
0131240240740
4222 1 AVE NE
BILTMORE SUB PB 6-67
LOT 1 BLK 5
LOT SIZE 50.000 X 100
0131240240750
80 43 ST NE
24 53 41 BILTMORE SUB PB 6-67
LOT 2 BLK 5
0131240240751
76 43 ST NE
24 53 41 EILTMORE SUB PB 6-67
LOT 3 BLK 5
LOT SIZE SITE VALUE
0131240240760
68 43 ST NE
BILTMORE SUB PE 6-67
LOT 4 & E1/2 OF LOT 5 BLK 5
LOT SIZE SITE VALUE
0131240240770
54 43 ST NE
BILTMORE SUB PB 6-67
LOT 6 & W1/2 LOT 5 BLK 5
LOT SIZE 75.000 X 100
0131240240780
46 43 ST NE
BILTMORE SUB PB 6-67
LOT 7 ELK 5
LOT SIZE 50.000 X 100
013124.0240790
40 43 ST NE
BILTMORE SUB PB 6-67
LOT 8 BLK 5
LOT SIZE SITE VALUE
0131240240800
30 43 ST NE
BILTMORE SUB PB 6-67
LOT 9 BLK 5
LOT SIZE SITE VALUE
DOLLY MAE PARKER
4222 NE 1ST AVE
MIAMI, FL 33137-3518
PIERRE MELHADO
JULES I MELHADO
NILUFER A OE
80 NE 43RD ST
MIAMI, FL 33137-3410
DIEULUS DIDIER
68 NE 43RD ST
MIAMI, FL 33137-3410
DIEULUS DIDIER &W EDELINE
68 NE 43RD ST
MIAMI, FL 33137-3410
FRANCO ZAMBOLI
54 NE 43RD ST
MIAMI, FL 33137-3410
IAN SIMPKINS
46 NE 43RD ST
MIAMI, FL 33137-3410
ROGES INNOCENT
& MARIE J MENARD
40 NE 43RD ST
MIAMI, FL 33137-3410
ROGES INNOCENT
30 NE 43RD ST
MIAMI, FL 33137-3410
Florida Real Estate Decisions, Inc.
Page 5of19
0131240240810
22 43 ST NE
BILTMORE SUB PE 6-67
LOT 10 BLK 5
LOT SIZE SITE VALUE
0131240240820
6 43 ST NE
BILTMORE SUB PB 6-67
LOTS 11 & 12 BLK 5 LESS W10FT FOR ST
LOT SIZE 100.000 X 97
0131240240830
7 42 ST NE
BILTMORE SUB PE 6-67
LOTS 13 & 14 LESS W10FT BLK 5
LOT SIZE 100.000 X 97
0131240240840
17 42 ST NE
BILTMORE SUB PB 6-67
LOT 15 BLK 5
LOT SIZE SITE VALUE
0131240240850
29 42 ST NE
24 53 41 BILTMORE SUB PB 6-67
LOT 16 BLK 5
LOT SIZE SITE VALUE
0131240240860
35 42 ST NE
BILTMORE SUB PB 6-67
LOT 17 BLK 5
LOT SIZE SITE VALUE
0131240240870
45 42 ST NE
BILTMORE SUB PB 6-67
LOT 18 BLK 5
LOT SIZE SITE VALUE
0131240240880
51 42 ST NE
BILTMORE SUB PB 6-67
LOT 19 BLK 5
LOT SIZE SITE VALUE
SABY L FABELO
'22 NE 43RD ST
MIAMI, FL 33137-3410
BOSCHFL LLC
999 BRICKELL AVE STE 900
MIAMI, FL 33131-3059
JEFFREY T JERNIGAN
7 NE 42ND ST
MIAMI, FL 33137-3523
JEFFREY T JERNIGAN
7 NE 42ND ST
MIAMI, FL 33137-3523
CORALSTONE PRODUCTIONS LLC
4728 NE MIAMI PL
MIAMI, FL 33137-3122
CHRISTINE ANDRE
EVELYN ANDRE
4185 NW 1ST AVE
MIAMI, FL 33127-2861
JOHN GILPIN & BYRL GILPIN
45 NE 42ND ST
MIAMI, FL 33137-3588
ANTONIO JOSE GRULLON
51 NE 42ND ST
MIAMI, FL 33137-3523
Florida Real Estate Decisions, Inc.
Page 6 of I9
0131240240890
59 42 ST NE
BILTMORE SUB PB 6-67
LOT 20 BLK 5
LOT SIZE SITE VALUE
0131240240900
65 42 ST NE
BILTMORE SUB PB 6-67
LOT 21 BLK 5
LOT SIZE SITE VALUE
0131240240910
71 42 ST NE
BILTMORE SUB PB 6-67
LOT 22 BLK 5
LOT SIZE SITE VALUE
0131240240920
91 42 ST NE
BILTMORE SUB PB 6-67
LOT 23 BLK 5
LOT SIZE SITE VALUE
0131240240921
4200 1 AVE NE
24 53 41 BILTMORE SUB PB 6-67
LOT 24 BLK 5
LOT SIZE 50.000 X 100
0131240241040
100 43 ST NE
24 53 41 BILTMORE SUB PB 6-67
LOTS 13 & 14 BLK 6
0131240241050
111 42 ST NE
BILTMORE SUB PB 6-67
LOTS 15 & 16 BLK 6
LOT SIZE 100.000 X 100
0131240241070
131 42 ST NE
BILTMORE SUB PB 6-67
LOTS 17 & 18 BLK 6
LOT SIZE 100 X 100
TRAVIS JOHN COTT
DAMARIS COTT
59 NE 42ND ST
MIAMI, FL 33137-3523
PATRICIA ARCHER
65 NE 42ND ST
MIAMI, FL 33137-3523
YIGIT M ARAL &W MARIA A MORALES
2125 BISCAYNE BLVD STE 100
MIAMI, FL 33137-5005
WILFRED NELSON
CLAUDETTE NELSON
91 NE 42ND ST
MIAMI, FL 33137-3523
ARISTOS DEVELOPMENTS LLC
175 SW 7TH ST STE 2112
MIAMI, FL 33130-2962
ERNESTO ALFREDO MATHIES HILL
126 E RIVO ALTO DR
MIAMI BEACH, FL 33139-1246
DAVID BRACHA &W JOAN
111 NE 42ND ST
MIAMI, FL 33137-3517
MDDA BLUE SKY LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page7of19
0131240241140
4135 1 AVE NE
BILTMORE SUB PB 6-67
LOTS 1 & 2 BLK 7
LOT SIZE 100.000 X 115
0131240241150
115 41 ST NE
BILTMORE SUB PB 6-67
LOTS 3 & 4 ELK 7
LOT SIZE 104.600 X 115
0131240241160
135 41 ST NE
BILTMORE SUB PB 6-67
LOT 5 BLK 7
LOT SIZE 60.000 X 105
0131240241170
120 42 ST NE
24 53 41 BILTMORE SUB PB 6-67
LOT 6 BLK 7
LOT SIZE SITE VALUE
0131240241180
4120 1 AVE NE
BILTMORE SUB PB 6-67
LOTS 1 & 2 BLK 8
LOT SIZE 100.000 X 100
0131240241190
80 42 ST NE
BILTMORE SUB PB 6-67
LOT 3 BLK 8
LOT SIZE SITE VALUE
0131240241200
68 42 ST NE
BILTMORE SUB PB 6 67
LOT 4 BLK 8
LOT SIZE SITE VALUE
0131240241210
58 42 ST NE
BILTMORE SUB PB 6-67
LOT 5 BLK 8
LOT SIZE SITE VALUE
NELSON EDUARDO SANCHEZ JTRS
DAISY RUEDA SANCHEZ JTRS
4135 NE 1ST AVE
MIAMI, FL 33137-3503
FCAA LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SCARLET BEGONIA HOLDINGS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137.3699
BLUE BAY INVESTMENTS LLC
4628 EL MAR DR
FORT LAUDERDALE, FL 33308-3618
BASIL BINNS II
4120 NE 1ST AVE
MIAMI, FL 33137-3504
80 NE 42ND STREET LLC
4141 NE 2ND AVE STE 200E
MIAMI, FL 33137-3558
INSTITUTE OF CONTEMPORARY ART MIAMI INC
4040 NE 2ND AVE STE 200
MIAMI, FL 33137-3548
INSTITUE OF CONTEMPORARY ART MIAMI INC
4040 NE 2ND AVE STE 200
MIAMI, FL 33137-3548
Florida Real Estate Decisions, Inc.
Page 8 of 19
0131240241220
50 42 ST NE
24-53-41 BILTMORE SUB PB 6-67
LOT 6 BLK 8
LOT SIZE SITE VALUE
0131240241221
44 42 ST NE
24 53 41 BILTMORE SUB PB 6-67
LOT 7 BLK 8
LOT SIZE SITE VALUE
0131240241230
36 42 ST NE
BILTMORE SUB PB 6-67
LOT 8 BLK 8
0131240241231
26 42 ST NE
BILTMORE SUB PB 6-67
LOT 9 BLK 8
LOT SIZE 50 X 100
0131240241240
18 42 ST NE
BILTMORE SUB PB 6-67
LOT 10 BLK 8
LOT SIZE 50 X 100
0131240241250
4141 MIAMI AVE N
34 53 41 BILTMORE SUB PB 6-67
LOTS 11 & 12 LESS W1OFT FOR R/W BLK 8
LOT SIZE 100.000 X 97
0131240241270
4111 MIAMI AVE N
24 53 41 BILTMORE SUB PB 6-67
LOT 13 BLK 8
LOT SIZE 52.000 X 107
0131240241280
15 41 ST NE
BILTMORE SUB PB 6-67
LOT 14 LESS W1OFT BLK 8
LOT SIZE 52.600 X 97
INSTITUE OF CONTEMPORARY ART MIAMI INC
4040 NE 2ND AVE STE 407
MIAMI, FL 33137-3550
GRUPO QUADRO REAL ESTATE LLC
4141 NE 2ND AVE STE 106A
MIAMI, FL 33137-3500
SARIMA GRACIA VEGA
36 NE 42ND ST
MIAMI, FL 33137-3522
BELLAMY LLC
6650 PINETREE LN
MIAMI BEACH, FL 33141-4531
HAMMY INC
251 N COCONUT LN
MIAMI BEACH, FL 33139-5161
ONE FOUNTAINHEAD CENTER LLC
4141 N MIAMI AVE STE 304
MIAMI, FL 33127-2869
GRUPO QUADRO REAL EST LLC
C/O RAMON ROJAS
90 ALTON RD APT 1804
MIAMI BEACH, FL 33139-6883
EFM 41 STREET INVESTMENT LLC
15 NE 41ST ST
MIAMI, FL 33137-3513
Florida Real Estate Decisions, Inc.
Page 9of19
0131240241290
23 41 ST NE
BILTMORE SUB PB 6-67
LOT 15 BLK 8
LOT SIZE 50.000 X 105
0131240241300
31 41 ST NE"
BILTMORE SUB PB 6-67
LOT 16 BLK 8
LOT SIZE 50.000 X 105
01312 40241301
BILTMORE SUB PB 6-67
LOT 17 BLK 8
LOT SIZE 50.000 X 105
0131240241310
45 41 ST NE
BILTMORE SUB PE 6-67
LOT 18 BLK 8
LOT SIZE 50.000 X 105
0131240241320
53 41 ST NE
24 53 41 BILTMORE SUB PB 6-67
LOT 19 ELK 8
LOT SIZE 50.000 X 105
0131240241330
61 41 ST NE
BILTMORE SUB PB 6-67
LOT 20 & W1/2 OF LOT 21 BLK 8
LOT SIZE 75.000 X 105
0131240241340
77 41 ST NE
BILTMORE SUB PE 6-67
LOT 22 & E1/2 LOT 21 BLK 8
LOT SIZE 75.000 X 105
0131240241350
4100 1 AVE NE
BILTMORE SUB PE 6-67
LOTS 23 & 24 LESS N46FT BLK 8
LOT SIZE 58.600 X 100
41 43 NW 41 ST LLC
4 HARBOR PT
KEY BISCAYNE, FL 33149-1716
41ST ST ART SPACE LLC
4 HARBOR PT
KEY BISCAYNE, FL 33149-1716
41 ST ART SPACE LLC
4 HARBOR PT
KEY BISCAYNE, FL 33149-1716
45 DESIGN DISTRICT LLC
4141 NE 2ND AVE STE 200E
MIAMI, FL 33137-3558
INSTITUTE OF CONTEMPORARY ART MIAMI INC
4040 NE 2ND AVE STE 200
MIAMI, FL 33137-3548
INSTITUTE OF CONTEMPORARY ART MIAMI INC
4040 NE 2ND AVE STE 200
MIAMI, FL 33137-3548
UPTOWN GIRL DEVELOPMENT LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
UPTOWN GIRL DEVELOPMENT LLC
C/O DACRA
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page 10 of 19
0131240241351
4112 1 AVE NE
BILTMORE SUB PB 6-67
N46FT OF LOTS 23 & 24 BLK 8
LOT SIZE 46.000 X 100
0131240241360
90 41 ST NE
BILTMORE SUB PB 6-67
LOT 1 BLK 9
LOT SIZE 50.000 X 105
0131240241370
84 41 ST NE
BILTMORE SUB PE 6-67
LOT 2 BLK 9
LOT SIZE 50.000 X 105
0131240241380
80 41 ST NE
BILTMORE SUB PB 6-67
LOT 3 BLK 9
LOT SIZE 50.000 X 105
0131240241430
28 41 ST NE
BILTMORE SUB PB 6-67
LOT 9 BLK 9
LOT SIZE 50.000 X 105
0131240241440
20 41 ST NE
BILTMORE SUB PB 6-67
LOT 10 BLK 9
LOT SIZE 50.000 X 105
0131240241450
10 41 ST NE
BILTMORE SUB PB 6-67
LOTS 11 & 12 LESS W52FT BLK 9
LOT SIZE SITE VALUE
0131240241460
4029 MIAMI AVE N
BILTMORE SUB PB 6-67
W52FT OF LOTS 11 & 12
LESS W1OFT FOR R/W BLK 9
LOT SIZE SITE VALUE
KTP LAND LTD
4112 NE 1ST AVE
MIAMI, FL 33137-3504
SWEET VIRGINIA ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SWEET VIRGINIA ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SWEET VIRGINIA ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
41ST ST ART SPACE LLC
4 HARBOR PT
KEY BISCAYNE, FL 33149-1716
ORCHARD HOLDING INVEST GROUP LLC
20900 NE 30TH AVE STE 514
MIAMI, FL 33180-2164
DIECI DEVELOPMENT LLC
1024 LENOX AVE APT 5
MIAMI BEACH, FL 33139-4828
4029 N MIA AVE LLC
6218 N FEDERAL HWY
FORT LAUDERDALE, FL 33308-1904
Florida Real Estate Decisions, Inc.
Page 11 of 19
0131240241490
144 41 ST NE
BILTMORE SUB PB 6-67
LOT 7 BLK 10
LOT SIZE 50.000 X 105
0131240241500
140 41 ST NE
BILTMORE SUB PB 6-67
LOT 8 BLK 10
LOT SIZE 50.000 X 105
0131240241510
24 53 41 BILTMORE SUB PB 6-67
LOT 9 BLK 10
LOT SIZE 50.000 X 105
0131240241520
24 53 41 BILTMORE SUB PB 6-67
LOT 10 ELK 10
LOT SIZE 50.000 X 105
013124024.1530
112 41 ST NE
BILTMORE SUB PB 6-67
LOT 11 BLK 10
LOT SIZE 50.100 X 105
0131240241540
4039 1 AVE NE
BILTMORE SUB PB 6-67
LOT 12 BLK 10
LOT SIZE 50.000 X 105
0131240241550
150 42 ST NE
24 53 41 1.5 AC
BILTMORE SUB PB 6-67
W325FT UNNUMBERED TR LESS RD MARKED
Z T MERRITT
LOT SIZE IRREGULAR
0131240260180
3801 MIAMI AVE N
24 53 41 CENTRAL ADD BUENA VISTA PB 3
LOTS 1 & 2 LESS W PORTION LYG
IN R/W BLK 3
LOT SIZE 92.700 X 87
WILD HORSES MOSAIC LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
FCAA LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
DESIGN DIST DEV PARTNERS LLC
6547 MIDNIGHT PASS RD # 3
SARASOTA, FL 34242-2506
DESIGN DIST DEV PARTNERS LLC
6547 MIDNIGHT PASS RD # 3
SARASOTA, FL 34242-2506
DESIGN DIST DEV PARTNERS LLC
6547 MIDNIGHT PASS RD # 3
SARASOTA, FL 34242-2506
TINY DANCER ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
FCAA LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
170 NE 40 STREET INC
85 NW 71 ST LLC 3D 85 LLC
191 45 NE 39TH ST
MIAMI, FL 33137-3629
Florida Real Estate Decisions, Inc.
Page 12of19
0131240260200
3819 MIAMI AVE N
CENTRAL ADD BUENA VISTA PB 3-191
LOT 3 LESS W15FT FOR R/W BLK 3
LOT SIZE 48.000 X 87
0131240260220
3840 MIAMI CT NE
CENTRAL ADD BUENA VISTA PB 3-191
LOT 5 ELK 3
LOT SIZE 48.000 X 102
0131240260230
3800 MIAMI CT NE
24 53 41
PE 3-191 CENTRAL ADD BUENA VISTA
LOTS 6 THRU 8 LESS S10FT & EXT AREA OF
CURVE IN SE COR FOR R/W BLK 3
LOT SIZE 13636 SQ FT M/L
0131240270060
151 40 ST NE
COMM BILTMORE PB 6-132
LOTS 13 & 14 BLK 1
0131240270062
145 40 ST NE
COMM BILTMORE PB 6-132
LOT 15 BLK 1
LOT SIZE 25.000 X 100
0131240270070
123 40 ST NE
COMM BILTMORE PB 6-132
LOTS 16 THRU 20 BLK 1
LOT SIZE 125.000 X 100
0131240270100
111 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOTS 21 & 22 BLK 1
LOT SIZE IRREGULAR
0131240270110
101 40 ST NE
COMM BILTMORE PE 6-132
LOTS 23 & 24 BLK 1
LOT SIZE 50.000 X 100
LGD COMMUNICATIONS INC
3819 N MIAMI AVE
MIAMI, FL 33127-2905
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
CHOLLA 3800 LLC
C/O GREG SCHOTT L3 CAPITAL LLC
400 N MICHIGAN AVE STE 800
CHICAGO, IL 60611-4148
MORADA DESIGN LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
GATOR AQUISITIONS INC
1595 NE 163RD ST
NORTH MIAMI BEACH, FL 33162-4717
GATOR AQUISITIONS INC
1595 NE 163RD ST
NORTH MIAMI BEACH, FL 33162-4717
111 NE 40 ST LC
C/O CHARIFF REALTY GROUP
4141 NE 2ND AVE STE 200E
MIAMI, FL 33137-3558
MIAMI DD 101 BLUE LLC
C/O CENTURY REALTY INC
22 CORTLANDT ST FL 5TH
NEW YORK, NY 10007-3109
Florida Real Estate Decisions, Inc.
Page 13 of 19
0131240270120
95 40 ST NE
COMM BILTMORE PB 6-132
LOTS 1 2 3& 4 BLK 2
LOT SIZE 100.000 X 100
0131240270130
81 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOTS 5 TO 7 INC BLK 2
LOT SIZE 75.000 X 100
0131240270140
73 40 ST NE
COMM BILTMORE PB 6-132
LOTS 8 & 9 BLK 2
LOT SIZE 50.000 X 100
0131240270150
71 40 ST NE
COMM BILTMORE PB 6-132
LOT 10 BLK 2
LOT SIZE 25.000 X 100
0131240270160
61 40 ST NE
COMIN BILTMORE PB 6-132
LOT 11 BLK 2
LOT SIZE 25.000 X 100
0131240270170
51 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOTS 12 & 13 BLK 2
LOT SIZE SITE VALUE
0131240270210
1 40 ST NE
COMM BILTMORE PB 6-132
LOTS 19 THRU 24 LESS W1OFT OF LOTS 21 TO
24 FOR R/W BLK 2
LOT SIZE IRREGULAR
0131240270270
92 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOTS 1-2 & 3 BLK 3
LOT SIZE 75.000 X 100
LOVELY RITA ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SWEET VIRGINIA ACQUISITIONS TWO
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
GOD IS AMAZING LLC
RAJNI AGARWAL TRS
RAJNI AGARWAL TRUST
660 CAMPANA AVE
CORAL GABLES, FL 33156-4223
IVETTE ARANGO INTERIOR DESIGNS LLC
71 NE 40TH ST
MIAMI, FL 33137-3509
VESE LLC
C/O IVETTE AREVALO
71 NE 40TH ST
MIAMI, FL 33137-3509
OXFER COLLECTION CORP
3148 INDIANA ST
MIAMI, FL 33133-4413
RS SZ DESIGN 40 LLC
C/O REDSKY CAPITAL LLC
45 MAIN ST STE 628
BROOKLYN, NY 11201-1085
NORWEGIAN WOOD ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page 14of19
0131240270300
80 40 ST NE
COMM BILTMORE PB 6-132
LOTS 4-5-6 BLK 3
LOT SIZE 75.000 X 100
0131240270320
74 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOT 7 BLK 3
0131240270330
70 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOT 8 BLK 3
LOT SIZE 25.000 X 100
0131240270340
66 40 ST NE
24 53 41 COMM BILTMORE PB 6-132.
LOT 9 BLK 3
LOT SIZE 25.000 X 100
0131240270350
56 40 ST NE
COMM BILTMORE PB 6-132
LOT 10 & LOT 11 BLK 3
LOT SIZE 50.000 X 100
0131240270360
50 40 ST NE
COMMERCIAL BILTMORE PB 6-132
LOTS 12 THRU 14 ELK 3
LOT SIZE 75.000 X 100
0131240270390
40 40 ST NE
COMM BILTMORE PB 6-132
LOT 15 & LOT 16 BLK 3
LOT SIZE 50.000 X 100
0131240270400
28 40 ST NE
COMM BILTMORE PB 6-132
LOTS 17 & 18 ELK 3
LOT SIZE 50 X 100
MIAMI DD 80 BLUE LLC
C/O CENTURY 21
22 CORTLANDT ST FL 5
NEW YORK, NY 10007-3109
MIAMI DD 70 BLUE LLC
22 CORTLANDT ST # 5FL
NEW YORK, NY 10007-3107
MIAMI DD 70 BLUE LLC
22 CORTLANDT ST # 5FL
NEW YORK, NY 10007-3107
ENRIQUE MORA JR
921 VALLEY FORGE RD E
NEPTUNE BEACH, FL 32266-3745
THOR ASB
C/O THOR EQUITIES
25 W 39TH ST
NEW YORK, NY 10018-3805
THOR 2 54 NE 40TH LLC
C/O RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
THOR 2 54 NE 40TH LLC
C/O RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
THOR 2 54 NE 40TH LLC
C/O THOR EQUITIES
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
Florida Real Estate Decisions, Inc.
Page 15of19
0131240270420
10 40 ST NE
24 53 41 COMM BILTMORE PB 6-132
LOTS 19 & 20 & ESFT OF LOTS 21 TO 24 INC
BLK 3 & N 2 IN OF LOT 10 & N 2 IN OF E2FT
OF LOT 11 BLK 1 OF BILTMORE COURT PB 7- 37
LOT SIZE 55.000 X 100
0131240270430
3995 MIAMI AVE N
COMM BILTMORE PB 6-132
W102FT OF LOTS 21 TO 24 INC
LESS W10FT FOR R/W BLK 3
LOT SIZE 9066 SQUARE FEET
0131240280100
130 40 ST NE
COMM BILTMORE 2ND SEC PB 12-44
LOTS 15 THRU 18
LOT SIZE 100.000 X 100
0131240280140
114 40 ST NE
24 53 41 COMM BILTMORE 2ND SEC PB 12-44
LOTS 19 & 20
LOT SIZE 50.000 X 100
0131240280150
108 40 ST NE
COMM BILTMORE 2ND SEC PB 12-44
LOT 21 & E20FT OF LOT 22
LOT SIZE 45.000 X 100
0131240280160
100 40 ST NE
COMM BILTMORE 2NO
W5FT LOT 22 & ALL
UNNUM ED LOT 13 X
PB 6-132 LOT SIZE
SEC PB 12-44
LOT 23 &
100FT LYING W & ADJ
44.000 X 100
0131240290010
99 39 ST NE
BILTMORE COURT PB 7-37
LOTS 1 & 2 BLK 1
LOT SIZE 100.000 X 94
0131240290020
81 39 ST NE
BILTMORE COURT PB 7-37
LOT 3 BLK 1
LOT SIZE 50.000 X 94
THOR 2 54 NE 40TH LLC
C/O RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
THOR 2 54 NE 40 LLC
C/0 RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
PB3940 SHORT TERM LLC
C/0 TRISTAR CAPITAL
510 LINCOLN PJ
MIAMI BEACH, FL 33139-2914
PB3940 SHORT TERM LLC
C/0 TRISTAR CAPITAL
510 LINCOLN RD
MIAMI BEACH, FL 33139-2914
CUMBERLAND ACQUISITIONS LLC
866 S DIXIE HWY
CORAL GABLES, FL 33146-2603
CUMBERLAND ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
LADY JANE ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
THOR ASB 75 NE 39 LLC
C/O THOR EQUITIES
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
Florida Real Estate Decisions, Inc.
Page 16of19
.0131240290030
75 39 ST NE
24 53 41 BILTMORE COURT PB 7-37
LOT 4 BLK 1
LOT SIZE 50.000 X 94
0131240290040
55 39 ST NE
BILTMORE COURT PB 7-37
LOT 5 BLK 1
LOT SIZE 50.000 X 94
0131240290050
53 39 ST NE
BILTMORE COURT PB 7-37
LOT 6 BLK 1
LOT SIZE 50.000 X 94
0131240290060
45 39 ST NE
BILTMORE COURT PB 7-37
LOT 7 & LOT 8 BLK 1
LOT SIZE 100.000 X 94
0131240290080
21 39 ST NE
BILTMORE COURT PB 7-37
LOT 9 & LOT 10 LESS N 2 INCHES BLK 1
LOT SIZE 100.000 X 94
0131240290100
3925 MIAMI AVE N
BILTMORE COURT PB 7-37
LOT 11 LESS N2IN OF E2FT & LESS W 1OFT &
LOT 12 LESS W10FT BLK 1
LOT SIZE 60.000 X 97
0131240290110
15 39 ST NE
BILTMORE COURT PB 7-37
LOT 13 LESS W1OPT BLK. 1
LOT SIZE 34.500 X 97
0131240290130
90 39 ST NE
24 53 41 BILTMORE COURT PB 7-37
LOTS 1-2 & 3 BLK 2
LOT SIZE 150 X 91
THOR ASB 75 NE 39 LLC
C/O THOR EQUITIES
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
THOR ASB C/O THOR EQUITIES
25 W 39TH ST
NEW YORK, NY 10018-3805
THOR 53 NE 39TH LLC
C/O RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
RS JZ 21 NE 39TH LLC
C/O REDSKY CAPITAL LLC
45 MAIN ST STE 628
BROOKLYN, NY 11201-1085
RS JZ 21 NE 39TH LLC
C/O REDSKY CAPITAL LLC
45 MAIN ST STE 628
BROOKLYN, NY 11201-1085
THOR 3925 NORTH MIAMI AVE LLC
C/O RYAN LLC/PAOLA CASTILLO
2111 WILSON BLVD STE 300
ARLINGTON, VA 22201-3001
THOR 3925 NORTH MIAMI AVE LLC
C/O THOR EQUITIES
25 W 39TH ST
NEW YORK, NY 10018-3805
MONTE CARLO ASSOCIATES LTD
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page 17of19
0131240290150
50 39 ST NE
24 53 41 BILTMORE COURT PB 7-37
LOTS 7 & 8 LESS W3OFT LOT 8 BLK
0131240290160
30 39 ST NE
BILTMORE COURT PB 7-37
LOT 9 LESS E15FT FOR ST
& LOT 10 LESS W9FT BLK 2
0131240290170
3825 MIAMI AVE N
BILTMORE COURT PB 7-37
W9FT LOT 10 & ALL LOTS 11-12-13 BLK 2 &
LOT 4 ELK 3 PER PB 3-191 LESS W15FT OF
LOT 4 BLK 3 FOR ST & LESS EXTERNAL AREA IN
NW COR LOT 11 FOR R/W
LOT SIZE IRREGULAR
0131240300070
135 39 ST NE
24 53 41 MAGNOLIA COURT PB 6-105
LOT 10 BLK 1
LOT SIZE 50.000 X 94
0131240300080
119 39 ST NE
24 53 41 MAGNOLIA COURT PB 6-105
ALL LOT 11 & E3FT LOT 12 BLK 1
LOT SIZE 53.000 X 94
0131240300090
101 39 ST NE
MAGNOLIA COURT PB 6-105
LOT 12 LESS E3FT & LOT 13 LESS TH PT LYG
IN R/W & LOT A BILTMORE CT P13 7-37 BLK 1
LOT SIZE 87.000 X 94
0131240330240
3800 1 AVE NE
COMM BUENA VISTA PB 14-56
LOTS 2 THRU 18 BLK 2 LESS EXT AREA OF
CURVE IN SW COR FOR R/W
LOT SIZE 40888 SQ FT
0131240330390
3815 MIAMI CT NE
COMM BUENA VISTA PB 14-56
LOTS 19-20 & 21
LESS E31.1FT OF EACH BLK 2
LOT SIZE 73.000 X 69
PENNY LANE ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
SUN KING LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
PALM BEACH HOLDINGS 3940 LLC
C/O TRISTAR CAPITAL
510 LINCOLN RD
MIAMI BEACH, FL 33139-2914
HALE DANIEL DESIGN LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
CUMBERLAND ACQUISITIONS LLC
866 S DIXIE HWY
CORAL GABLES, FL 33146-2603
MDDA GARAGE LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
PENNY LANE ACQUISITIONS LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
Florida Real Estate Decisions, Inc.
Page 18 of 19
0131240340010
70 39 ST NB
24 53 41 0.707 AC M/L
LETTER CARRIER PROPERTY SUB PB 78-10
TRACT A
LOT SIZE IRREGULAR
0131240460010
100 39 ST NE
PALM WAY SUBDIVISION
PB 170-032 T-23201
TRACT A
LOT SIZE 14096 SQ FT M/L
TROPICAL LETTER CARRIERS HOLDING CORP
70 NE 39TH ST
MIAMI, FL 33137-3643
OAK PLAZA ASSOCIATES (DEL) LLC
3841 NE 2ND AVE STE 400
MIAMI, FL 33137-3699
0131240270040 MOSAIC LLC
155 40 ST NE 3841 NE 2 AVE, STE 400
COMM BILTMORE MIAMI, FL 33137
LOTS 8 THRU 12 BLK 1
LOT SIZE 125.000 X 100.00
0131240280090
140 40 ST NE
COMM BILTMORE 2ND SEC PB 12-44
LOT 14
LOT SIZE 25.000 X 100
GATOR ENGLISH LC
C/O GATOR DEVELOPMENT CORP
1595 NE 163 ST
NO MIAMI BEACH, FL 33162-4717
Florida Real Estate Decisions, Inc,
Page 19 of 19
State of Florida
Department of State
I certify from the records of this office that OAK PLAZA ASSOCIATES
(DEL.) LLC is a Delaware limited liability company authorized to transact
business in the State of Florida, qualified on November 1, 2010.
The document number of this limited liability company is M10000004831.
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 27, 2015, and that its status is active.
I further certify that said limited liability company 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-eighth day of January,
2016
Secretary of State
Tracking Number: CU0761125483
To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertifiicateAuthentication
State of Florida
Department of State
I certify from the records of this office that RS JZ DESIGN 40, LLC is a
Delaware limited liability company authorized to transact business in the State
of Florida, qualified on January 30, 2015.
The document number of this limited liability company is M15000000809.
I further certify that said limited liability company has paid all fees due this
office through December 31, 2015 and that its status is active.
I further certify that said limited liability company 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-eighth day of January,
2016
10
Secretary of State
Tracking Number: CU2770701794
To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed.
h ttps : //services. su nbiz. org/Filings/CertificateOfSta tus/CertificateAuth entication
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that OAK PLAZA ASSOCIATES
(DEL.) LLC, a Delaware Limited Liability Company, on behalf of its subsidiary entities, has
made, constituted and appointed, and by these presents do make, constitute and appoint STEVEN
J. WERNICK as its true and lawful attorney and in their stead to execute all documents and
instruments required with respect to application for a special appearance in front of the City
Commission for the release and/or modification to a declaration of restrictive covenants pursuant to
the requirements of the City of Miami Code of Ordinances and Miami 21 Zoning Code, giving and
granting unto STEVEN J. WERNICK its said attorney, full power and authority to do and
perform all and every act and thing whatsoever requisite and necessary to be done with respect to
the application as fully, to all intents and purposes, as it might or could do if personally present,
with full power of substitution and revocation, hereby ratifying and confirming all that said attorney
or his substitute shall lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 1 \ day of
RAJ q e , 2016,
Signed and delivbred in the presence of:
i\cL.eR r(Ao
Witness Signa u e �� r A (rsj\) 1
('L
Witness Name A 11 e 1° A f
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
OAK PLAZA ASSOCIATES (DEL.) LLC, a
Delaware
Design D
Delaware
lity Company, by Miami
ates Manager, LLC, a
—0Triprirriirmanager
Print Name
V 1, Pf2Esf,ue€ 1-
Title
The foregoing instrument was acknowledged before me this I I day of January, 2016, by
who rs personally knov---V776-7170 or who have produced a
as identification.
�otA.p}e!Q ALICIAALONSO.WELCH
* MY COMMISSION # EE 859276
��,.<,,��� EXPIRES; April 18, 2017
9rE0F F60Q\O Bonded Thru Budget Notary Services
NOTARY PUBLIC
Print Name: li'0i'( % • E lei-1
My commission expires:
{371I1753;1}
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RS JZ DESIGN 40, LLC, a
Delaware Limited Liability Company, on behalf of its subsidiary entities, has made, constituted
and appointed, and by these presents do make, constitute and appoint STEVEN J. WERNICK as
its true and lawful attorney and in their stead to execute all documents and instruments required
with respect to application for a special appearance in front of the City Commission for the release
and/or modification to a declaration of restrictive covenants pursuant to the requirements of the City
of Miami Code of Ordinances and Miami 21 Zoning Code, giving and granting unto STEVEN J.
WERNICK its said attorney, full power and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done with respect to the application as fully, to all intents
and purposes, as it might or could do if personally present, with full power of substitution and
revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do
or cause to be done by virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this �e day of
.Tanoar y , 2016.
Signed and delivered in the presence of:
STATE OF K6 hl VQa2I_
COUNTY OF I L,I kit? S
) SS:
RS JZ DESIGN 40, LLC, a Delaware Limited
Liability Company, by RS JZ DESIGN 40
INVESTORS, LLC, a Delaware Limited Liability
Company, by RS JZ Design 40 Holdings, LLC, a
Delaware Limited Liability Company, by RedSky
Capital, LLC, a Delaware Limited Liability
Company,
l AKAtrJ P fe-AST-6t
Print Name
Title
The foregoing instrument was acknowledged before me this mp'day of January, 2016, by
66 ,1,1 1J► STE4tJ who is personally known to me or who have produced a
as identification.
{37111
MICHELLE L WOOD
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01W06321929
Qualified in Kings Canny
57 ?ls"nnission Expires Mar. 30. 2019
NOTARY : LIC
Print Name: KA IL tei ie L W( Y7
My commission expires: IV1R?� 1 2C1'
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: Steven J Wernick
(First Name)
(Middle) (Last Name)
HOME ADDRESS: 1 SE 3 Ave
CITY:
(Address Line 1)
Suite 2500
(Address Line 2)
Miami STATE:
Florida
ZIP: 3 314 3
HOME PHONE: (3 0 5) 9 8 2- 5 5 7 9 CELL PHONE: FAX: (3 0 5) 3 7 4- 5 0 9 5
EMAIL: steven.wernick@akerman.com
BUSSINESS or APPLICANT or ENTITY NAME
Oak Plaza Associates (Del.), LLC and RS JZ Design 40, LLC
BUSINESS ADDRESS: 3841 NE 2 Ave, Suite 400, Miami, FL 33137
(Address Line 1)
45 MAIN ST, STE 628, BROOKLYN, NY 11201
(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.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
❑ YES ❑X NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a.
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
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 same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or order.
4
PERSON SUBMITTING DISCLOSURE:
Sign ure
Steven J. Wernick
Print Name
Sworn to and subscribed before me this .v q day of jafiaary , 20Q 4 . The foregoing
instrument was acknowledged before me by s-l-even._. 1Uhrnr _ who has produced
as identification and/or is personally known to me and who did'did not lake an oath.
STATE'. OF FLORIDA
CITY OF MIAMI
MY COMMISSION j�Notottary
EXPIRES: a�•"�° MARIAGOIPJII.EZ 1 �fl � 70(-)2 Z 42.
, MY COMMISSION # rr 909142
f ,_� * Print Name
Enclosures) dslii'' r EXPIRES:October22,2019
44.0F oi. Bonded Thru Budget Notary Senkee
Doc. No..86543 Page 2
Akerman
January 29, 2016
VIA HAND DELIVERY AND ELECTRONIC MAIL
Olga Zamora, Chief
Hearing Boards Section
Planning and Zoning Department
City of Miami
444 SW 2nd Avenue, 4th Floor
Miami, FL 33130
Steven J. Wernick
Akerman LLP
One Southeast Third Avenue
Suite 2500
Miami, FL 33131-1714
Tel: 305.374.5600
Fax: 305.374.5095
Dir: 305.982.5579
Dir Fax: 305.349.4803
steven.wernick@akerman.com
RE: 35 NE 40th Street & 34-60 NE 41 at Street. Miami, Florida
Special Appearance Application — Release/Modification of Declaration of
Restrictive Covenants
Dear Ms. Zamora:
Akerman LLP (this "Firm") represents RS JZ Design 40, LLC, a Delaware limited liability
company ("RS"), and Oak Plaza Associates (Del.) LLC, a Delaware limited liability company ("Oak
Plaza"), collectively the record owners ("Owners") of the above -referenced properties located in the
Design District.
Enclosed please find a completed application and supporting materials for a Special
Appearance in front of the City Commission for the purpose of release or modification of a Declaration
of Restrictive Covenants proffered and recorded against the subject properties specifically in
furtherance of a mixed -use project approved in 2004 under the City's prior zoning code through a Class
II Special Permit, which was abandoned and never developed.
Background Information
In 2004, Luna Miami, LLC, owner of that certain land located at 34-60 NE 41st Street, Miami,
Florida,' (hereinafter the "Parking Parcel") and 35 NE 40th Street, LLC, owner of that certain land located
at 35 NE 40th Street, Miami, Florida,' (hereinafter the "Building Parcel", collectively with the Parking
Parcel referred to as the "Property"), two entities affiliated with the same principals, sought and
obtained approval of a Class II Special Permit (File No. 04-0255), for the construction of a mixed -use
project on the Parking Parcel (f/k/a "Cube Project"), which was dependent and conditioned on the
transfer of FAR from the Building Parcel. The Building Parcel has been improved since the 1960s with a
1 to 3-story commercial building (the "Piccadilly Building"). The Parking Parcel was for many years used
as surface parking and is now part of the Museum Garage construction site.
z gglipyl scg63124-024-1420; -1410; -1400; 1390.
Fojj''k .go. 01-3124-027-0180.
(37289573;2}
January 29, 2016
Page 2
As a condition of the Class II Special Permit for the Cube Project, the then -owners recorded a
Declaration of Restrictive Covenants in Lieu of Unity of Title, recorded in OR BK 23058, PG 904, of the
Public Records of Miami -Dade County, Florida, which was amended and superseded on March 9,
2005 by Corrective Declaration of Restrictive Covenants in Lieu of Unity of Title, recorded in OR BK
23151, PG 4658, of the Public Records of Miami -Dade County, Florida (the "Covenant in Lieu") to treat
the Property as a single project for planning and zoning purposes, and concurrently a Declaration of
Restrictive Covenants, on March 9, 2005, recorded in OR BK 23151, PG 4667, of the Public Records
of Miami -Dade County, Florida ("Declaration of Restrictive Covenants"), which imposed certain
restrictions on the collective properties, including notably that the Parking Parcel was required to
provide 22 off -site parking spaces for the Piccadilly Building.
Though not intended for redevelopment, the purposes of including the Building Parcel in the
assemblage under the Covenant in Lieu was to shift the unused FAR from the Building Parcel to the
Parking Parcel to allow for the Cube Project.
The Cube Project was never constructed, and the Class II Special Permit expired in 2006. Thus
the conditions contained in that Class II Special Permit have become null and void. Furthermore, the
Owners and their predecessors have sought to use and/or improve the Building Parcel and the Parking
Parcel without any integration or consideration of the Property as a unified development site, and the
City of Miami has recognized the separate use and/or improvement, including through the inclusion of
only the Parking Parcel within the Miami Design District Retail Street Special Area Plan ("SAP"),
approved initially by the City Commission in 2012, the approval of the Museum T-plat (1821-A), and
recently issuance of a phased permit for construction of the planned Museum Garage, after the review
and approval of development plans by the Planning and Zoning Department, including recommendation
for approval by the Urban Development Review Board.
Although no action was taken towards the transfer of FAR or development of the Cube Project
and the transfer of FAR is not contemplated as part of the Museum Garage development plans, the
Declaration of Restrictive Covenants remains recorded in the public records - a vestige of a pre -Miami
21 project.
Request for Special Appearance in front of City Commission
Because the transfer of FAR to the Parking Property did not occur, the Class II expired in 2006,
the original intent/purpose of the Covenant in Lieu and Declaration of Restrictions has long since
elapsed and has not been furthered through any common or shared development program or site, and
the Owners have no intention to effectuate common or shared development plans pursuant to the
Declaration, the Owners collectively seek the release or modification of the Covenant in Lieu and the
Declaration of Restrictive Covenants.
Based on the language contained in Section 6 of the Declaration of Restrictive Covenants, its
release or any modification requires approval by:
the "Miami City Commission at a public hearing" and subject to "the expeditious
approval of the Director of Planning and Zoning, and as to its legal form, by the Attorney
for the City."
Thus, the Owners intend to file an application for a Special Appearance for the release or
modification of the Declaration of Restrictive Covenants, and concurrently will process a release of the
Covenant in Lieu, which can be reviewed and approved administratively. The forms of release included
{37289573;2}
January 29, 2016
Page 3
herein have been reviewed and agreed to in form by both Owners, including their mortgagees, and are
attached hereto for initial review and consideration.
In this posture, regardless of the exact nature or conditions of release or modification of the
Declaration of Restrictive Covenants, an appearance before the City Commission is by way of an
application for Special Appearance,.
Merits for Release of Covenant in Lieu and Declaration of Restrictive Covenants
Below is an explanation of the rationale for the release of the Covenant in Lieu and release or
modification of the Declaration of Restrictive Covenants.
1. For the past 10 years, and prior to the adoption of Miami 21, the Owners, previous
Owners and City of Miami have treated these Properties independently for
purposes of determining zoning compliance and have recognized that the
operative provisions of the Covenant in Lieu and Declaration of Restrictive
Covenants are no longer effective.
The previously -contemplated Cube Project was abandoned and the Special Permit
expired without any development or other acts of reliance in furtherance of the unified
site. Additionally, the previous owners never prepared or executed an Easement and
Operating Agreement, as required by the Covenant in Lieu prior to any sale of a portion
of the Property. The Building Parcel was sold to RS. The Parking Parcel sold eventually
to Sweet Virginia Acquisitions, LLC, an affiliate of Miami Design District Associates,
LLC, now owned by Oak Plaza as evidenced by the Certificate of Merger.
The City has treated the Parking Parcel and Building Parcel independently as evidenced
by various development approvals for the Museum Garage, none of which rely on the
Building Parcel for zoning compliance.
2. The intent/purpose of the Covenant in Lieu and Declaration of Restrictive
Covenants no longer exists.
The Parking Parcel, as identified herein, is pending upcoming construction for the future
Museum Garage, which was reviewed by staff and the Urban Development Review
Board and received approval of a tentative plat, as amended June 2015 (T-Plat No.
1821-A), The Museum garage does not utilize any transfer of FAR as contemplated in
the existing Declaration of Restrictive Covenants, and does not include nor rely on the
Building Parcel in compliance with any applicable development standards (setbacks, lot
coverage, open spaces, etc). The Building Parcel has continued to be used by several
commercial and office tenants with no additions or new construction.
{37289573;2}
January 29, 2016
Page 4
3. Parking to be satisfied based on temporary relocation to Cityview Garage .
Given that the Museum Garage will be under construction for at least 12 months, the
Owners have come to mutual agreement to relocate a portion of the required spaces
for the Piccadilly Building to the Cityview Garage. The remaining parking requirements
can be met through on -street parking abutting the Piccadilly Building.
Based on the Parking Analysis, a copy of which is enclosed herein as an exhibit,
whether calculated under Zoning Ordinance 11000 or Miami 21, the existing uses today
occupying the Piccadilly Building require 15 spaces.
The parking requirement will be met through a combination of six (6) on -street spaces
abutting the Building Parcel, recognized by the MPA, and the relocation of existing 9
off -site parking spaces to the Cityview Garage, 2 blocks to the south on NE 1st Avenue,
through mutual agreement between the Owners. Based on the most recent SAP
aggregate development spreadsheet, the Cityview Garage contains 478 surplus
spaces, more than adequate for the 9 spaces required.
Parking Analysis
The Declaration of Restrictive Covenants includes explicit language calling for 22 parking
spaces to be provided on the Parking Parcel for the Piccadilly Building. The number of spaces
identified was to satisfy the required number of spaces for the existing active uses in the Piccadilly
Building, under the prior zoning code in effect at that time. In the past 11 years, there have been
numerous changes. The City has adopted a new zoning code (Miami 21), which amended certain ratios
for calculating parking requirements for commercial and office uses, and has made significant
amendments to Chapter 35 of the City's Code. Additionally, there was previously a large restaurant on
the ground floor of the Piccadilly Building, which generated a significant portion of the parking; however,
that space is no longer being used as a restaurant.
Based on the parking analysis included herein and the unique circumstances associated with
the Property, the following explains in short how the Owners will continue to provide sufficient parking
for the Piccadilly Building in connection with the formal release of the Covenant in Lieu and Declaration
of Restrictive Covenants:
• The parking analysis demonstrates that based on parking requirements applicable through
Article 4 of Miami 21, the Piccadilly Building requires 16 spaces (or 15 spaces when the
shared parking factor is applied); based on Zoning Ordinance 11000, the Piccadilly Building
requires 15 spaces.
• The Parking Parcel is located within the SAP, and comprises a portion of the land that is
being developed as the Museum Garage and is anticipated to be under construction for a
significant period of time;
• Both the Piccadilly Building and Parking Parcel are located within the geographic
boundaries of the Design District Parking Improvement Trust Fund, established under
{37289573;2}
January 29, 2016
Page 5
Chapter 35 of the City's Code of Ordinances; through which Section 35-220, pursuant to
Ordinance 13520 adopted May 28, 2015, today generally prohibits within the trust fund
area "off -site parking, except as otherwise provided for within established Special Area
Plans (SAPs)";
• Chapter 35 restrictions on parking relaxations and off -site parking within the trust fund area
boundaries do not restrict the continued provision of off -site parking in this case because
(A) parking for the Piccadilly Building has historically been provided off -site, and (B) the
Covenant in Lieu has not been enforced and arguably became null and void, thereby
treating the 22 spaces located on the Parking Parcel as off -site parking, long before the
effective date of Miami 21 or the recent adoption of Ordinance 13520;
• Based on the foregoing and practical alternatives, the parking requirement for the Piccadilly
Building will be met through a combination of six (6) on -street spaces abutting the Building
Parcel [See MPA Letter], and the temporary relocation of existing off -site parking to the
Cityview Garage 2 blocks to the south of the Piccadilly Building on NE 1st Avenue, through
mutual agreement between the Owners. [See chart submitted to Planning Department
dated November 2015: identifying 478 surplus spaces available within the Cityview
Garage].
• At such time as the Piccadilly Building is redeveloped, the owner understands that the
current code regulations within Miami 21 and Chapter 35 generally require that all parking
be provided on -site or fully or in part through the payment of fees in lieu into the parking
trust fund.
Conclusion
We respectfully request the consideration of the Application for Special Appearance to
release/modify the existing Declaration of Restrictive Covenants. We are happy to make ourselves
available to provide any additional information that may be of assistance.
Sincerely,
Steven J. Wernick
Enclosures
{37289573;2)
List of Exhibits
Exhibit 1- Zoning Map
Exhibit 2- City of Miami Class II Special Permit (File No. 04-0255)
Exhibit 3- Corrective Declaration of Restrictive Covenants in Lieu of Unity of Title
Exhibit 4- Declaration of Restrictive Covenants
Exhibit 5- Special Warranty Deed (35 NE 40th Street)
Exhibit 6- Warranty Deed (34-60 NE 41st Street)
Exhibit 7- Release of Declaration of Restrictive Covenants in Lieu of Unity of Title
Exhibit 8- Release of Declaration of Restrictive Covenants
Exhibit 9- Parking Analysis and Miami Design District SAP Parking Chart
Exhibit 10- MPA Letter
Exhibit 11- Certificate of Merger
Exhibit 12- Chapter 35, Section 35-220
{37067032;2 }
EXHIBIT 1
Zoning Map
35 NE 40th Street (RS/ Picadilly Building Parcel)
34-60 NE 4lst Street (Oak Plaza Parcels)
Miami, FL
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EXHIBIT 2
{30902711,1 }
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
File No. 04-0255
IeASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (Cube)
Address: 34-60 NE 41a Street, Little Haiti
Intended Decision:
❑ Approval
0 Approval with conditions
❑ Denial
rook
FIfANGS 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
6082 states explicitly that a Class II 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 iI Special Permit is
regUfred where a project is designed as a single site and it occupies Tots divided by a street or alley.
Pursfant 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.
• Little Haiti NET Office, Neighborhood Enhancement Team.
• SORB, 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:
Book;23151 /Page4676 CFN#20050234168 Page 10 of 11
Bk 23151 PG 4677
LeAsT PAGE
• It Is found that the proposed project is a mixed -use building consisting of residential units (101) and retail
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 on 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 Hereby
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 FM 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
Ar�,Q' �nctor
g an
Pl an oning Department
2
Date iC21//0
Book23151/Paae4677 CFN#20050234168 Page 11 of 11
EXHIBIT 3
;30902711;1}
Prepared by and pjease return this instrument after recordation to:
Lucia A. Dougherty, Esq.
1221 13rickell Avenue
Miami, Florida 33131
Declamtion o!Rertricnve Covenant
in Lieu of Uniry of TUle
I nail! 111111111111111111111111111111111
CFN 20105R0234-167
OR Bk 23151 Pss 4658 - 4666; (9pss)
RECORDED 03/0912005 15:14:20
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
Reserved for Recerdlrg
CORRECTIVE DECLARATION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENT that the undersigned, Luna Miami, LLC
and 35 NE 40th Street, LLC hereby corrects that certain Declaration of Restrictive
Covenants in Lieu of Unity of Title dated January 6, 2005, and recorded in Official
Record Book No. 23058, Pages 0904-909 of Miami -Dade County (the "Previous
Declaration") by modifying the address and modifying the legal description attached to
the Previous Declaration as Exhibit "A", to reflect the inclusion of that certain property
located at 35 NE 40th Street, and by modifying the name of the Owner in the Previous
Declaration to reflect the Owner as Luna Miami, LLC (hereinafter "Owner 1") and 35
NE 40th Street, LLC, (hereinafter "Owner 2") and do hereby make, declare and impose on
the land herein described, this Declaration of Restrictive Covenants in Lieu of Unity of
Title (the "Declaration"), and the covenants running with the title to the land contained
herein, which shall be binding on Owner 1 and Owner 2, all heirs, grantees, successors
and assigns, personal representatives, mortgagees, lessees, and against all persons
claiming by, through or under them.
WHEREAS, Luna Miami, LLC is the owner of that certain property located at 34-
60 NE 41' Street in Miami Dade County, more particularly described on Exhibit "A"
attached hereto and incorporated herein ("Property 1"); and
WHEREAS, 35 NE 40th Street, LLC is the owner of that certain property located
at 35 NE 40th Street in Miami Dade County, more particularly described on Exhibit "A-
1", attached hereto and incorporated herein ("Property 2"); and
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Owner 1 and Owner 2 hereby agree as follows:
q
Book23151/Page4658 CFN#20050234167 Page 1 of 9
Declaration of Restrictive Covenant
r'n Lieu of Unity of Tide
Page 2 of 6
1. Owner 1 and Owner 2 hereby agree and declare that (i) for the purpose of
determining compliance with all aspects of the Zoning Ordinance of the City, including
without limitation, FAR, setbacks, and design review standards, parking, etc., Property 1
and Property 2 shall be considered as one plot and parcel of land, and (ii) so long as this
instrument shall remain in effect, any and all conveyances or transfers of all or any
portion of Property 1 and Property 2 by Owner 1 and Owner 2, its grantees, successors
and assigns, shall be subject to the terms and restrictions of this Declaration as if any
such grantee, successor, or assign, were a party hereto or a signatory hereof.
2. The provisions of this instrument shall become effective upon their
recordation in the Public Records of Miami -Dade County, Florida, and shall continue in
effect for a period of thirty (30) years after the date of such recordation, after which time
they shall be extended automatically for successive periods of ten (10) years each, unless
released in writing by the following: (i) then owners of Property 1 and Property 2 (or if
any portion of Property 1 or Property 2 have been submitted to the condominium form of
ownership, then by the association established to operate the condominium in lieu of all
of the owners thereof) AND (ii) the Directors of the Departments of Public Works,
Planning and Zoning and Building of the City of Miami, subject to the approval of the
Citv Attorney as to legal form, or their respective designees or successors, upon the
demonstration and affirmative finding that the same is no longer necessary to preserve
and protect Property 1 or Property 2 for the purposes herein intended.
3. The provisions of this instrument may be amended, modified or released
by a written instrument executed by the following: (i) then owners of Property 1 and
Property 2 (or if any portion of Property 1 or Property 2 have been submitted to the
condominium form of ownership, then by the association established to operate the
condominium in lieu of all of the owners thereof and the joinder of any mortgagees(s) if
there are any mortgages on Property 1 or Property 2) and provided 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. Should this
Declaration of Restrictive Covenants be so modified, amended or released, the directors
of the departments of Public Works, Planning and Zoning and Building of the City, or
their respective designees or successors, shall forthwith execute a written instrument
effectuating and acknowledging such amendments, modifications or release.
4. Enforcement shall be by action against the parties or persons violating or
attempting to violate any covenants in this Declaration. The prevailing party to any
action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as the Court may adjudge
to be reasonable for the services of his/her attorney. This enforcement provision shall be
in addition to any other remedies available at law, in equity or both.
Book23151/Page4659 CFN#20050234167 Paae 2 of 9
Declaration of Restrictive Covenant
in Lieu of Unify of title
Page 3 of6
5. Invalidation of any of these covenants by judgment of court shall not
affect any of the other provisions, which shall remain in full force and effect.
6. All rights, remedies and privileges granted herein shall be deemed to by
cumulative and the exercise of any one or more shall neither be deemed to constitute an
election or remedies, nor shall it preclude the party exercising the same from exercising
such other additional rights, remedies or privileges as may be available to it.
7. In the event of multiple ownership subsequent to the approval of the
covenant in lieu of unity of title, each of the subsequent owners shall be bound by the
terms, provisions and conditions of this covenant. Further, except for sales to
condominium owners, the owner agrees that it will not convey portions of the subject
property to such other parties unless and until the owners and such parties shall have
executed and mutually delivered, in recordable form an instrument to be known as an
"easement and operating agreement" which shall contain, if applicable:
(I) Easements in the common area of each parcel for ingress to
and egress from the other parcels;
(ii) Easements in the common area of each parcel for the
passage and parking of vehicles;
(iii) Easements in the common area of each parcel for the
passage and accommodation of pedestrians;
(iv) Easements for access roads across the common area of
each parcel to public and private roadways;
(v) Easements for the installation, use, operation,
maintenance, repair, replacement, relocation and removal of
utility facilities in appropriate areas in each such parcel;
(vi) Easements on each such parcel for construction of
buildings and improvements in favor of each such other parcel;
(vii) Easements upon each such parcel in favor of each
adjoining parcel for the installation, use, maintenance, repair,
replacement and removal of common construction improvements
such as footing, supports and foundations;
(viii) Easements on each parcel for attachment of buildings;
(ix) Easements on each parcel for building overhangs and
other overhangs and projections encroaching upon such parcel
from adjoining parcel such as, by way of example, marquees,
canopies, lights, lighting devices, awnings, wing walls and the
like;
(x) Appropriate reservation of rights to grant easements to
utility companies;
(xi) Appropriate reservation of rights to road rights -of -way
and curb cuts;
Book23151/Page4660 CFN#20050234167 Page 3 of 9
Declaration of Restrictive Covenant
in Lieu of Uniry of Title
Page 4 of 6
(xii) Easements in favor of each such parcel for pedestrian and
vehicular traffic over dedicated private ring roads and access
roads; and
(xiii) Appropriate agreements between the owners of the
several parcels as to the obligation to maintain and repair all
private roadways, parking facilities, common areas and common
facilities and the like.
(xiv) The "Easement and Operating Agreement" shall be
approved by the Directors of the Department of Public Works,
Planning and Zoning and Building of the City of Miami, or their
respective designees or successors and in a legal form approved
by the City Attorney.
8. This Declaration shall be recorded in the Public Records of Miami -Dade
County at the Owner's expense within sixty (60) days of its acceptance by the City of
Miami. The City of Miami City Clerk, 3500 Pan American Drive, Miami, Fl. 33133 shall
be promptly furnished with a recorded copy of this Declaration. , I,
Signed, witness d, executed and acknowledged this d y of f6/10-12005.
Witnesses
0
Print Name:
ame: • a
t Name:
Luna Miami, LLC
a Florida limited liability company
By: Urbana Development, LLC,
a Florida limited liability compan
its sole me
By:
Name: —IS .'t k li-Ca—
Member
35 NE 40th Street, LLC
a Florida limited liability company
By: Urbana Development, LLC,
a Florida limited liability company,
its sole member
Book23151/Page4661 CFN#20050234167 Page 4 of 9
Declaration of Restrictive Covenant
in Lieu of Unity of Mlle
Page 5 of 6
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me thisX/ day of e-190 Y
2005, by ilf , as Member of Urbana Development, LLC, a Florida
limited lia ility company, as sole member of Luna Miami, LLC. Personally Known
�lq_tor Produced Identification
JJ The f oing instnunent was acknowledged before me this%4/ dayof
2005, by 3l Yh 0
as Member of Urbana Development, LLC, a
limited liability company, as sole member of 35 NE 40th Street, LLC. Personally Known
p€(j�_w,or Produced Identification
JJType of identification Produced /) ' f/J f�(t /.
C C�t�v�(w //Clk1 t' b
Print or Stamp Name: ��pp
Notary Public, State of n OVf «-A...
je " Keey Susanne Wood Comission No.: N/A
f' My Commission oo327sw My Commission Expires:�G�
N�' Expires June oY. 2ooe m) /
SIGNATURES
Corporation Signature (must include corporate resolution for authorization to execute
attached not to be recorded) or Individual Signature with two witnesses and notary to
all signatures.
Book23151/Page4662 CFN#20050234167 Page 5 of 9
Declaration of Restrictive Covenant
in Lieu of Unity (Ink
Page 6 of 6
APPROVE
CORRE
GE L.
City Atto -y
APPROVED:
AS • ORM AND
'rector + • tanning
APPROVED:
ORL NDO TO DO
Zoning - . nistrator
APPROVED AS TO CONFORMITY
WITH THE FLORIDA BUILDING CODE:
ANCHEZ HECTOR LIMA
Director of Building Department
STEPHANIE NASH-GRINDELL
Director of Public Works
Book23151/Page4663 CFN#20050234167 Page 6 of 9
MAR-0 f -2005 (1CN) 10: 23 P. 003/003
CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE
The undersigned, holder of that certain Mortgage Deed dated
chnka 3o, 20o' , and recorded in Official Records Booknai at Pagetg[, of
the Public Records of Miami -Dade County, Florida, as amended, encumbering
the real property to be subjected to the foregoing Corrective Declaration of
Restrictive Covenants in Lieu of Unity of Title made by
ir,�rl� Mrsi►ri� , LLC c 3SAfE ((Da 3freet, LLC- , in favor of the City of Miami,
Florida, hereby consents to said Corrective Declaration of Restrictive Covenants
in Lieu of Unity of Title and agrees that the lien of said Mortgage Deed shall be
subject and subordinate to the terms of said Corrective Declaration of Restrictive
Covenants in Lieu of Unity of Title .
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
day of March, 2005.
Witnessed by:
Name:
Name:
STATE OF NEW YORK )
) ss:
COUNTY OF WESTCHESTER )
Park National Capital Funding
7 r /
By:
Harvey Wolinetz, General Partner
(Corporate Seal)
The foregoing instrument was acknowledged before me this ji day of
March, 2005 by Harvey Wolinetz, as General Partner of Park National Capital
Funding, on behalf of said company. He personally appeared before me, is
personally known to me or produced as identification.
My commission expires: (00101
Name:1'jDE Ctku Ma U
Notary Public, State of ew York
Com •' sion No.
,yiirat.'
HYDEE CINTRON.EOHUE
votary Public. Stara of Now York
No. 3t 47;31:3
Qualified in Ounans , • it
Commission Expiry;
rr onto
LOCAT I OH: RX TIME 03/07 ' 05 10:20
Book23151/Page4664 CFN#20050234167 Page 7 of 9
Exhibit "A"
LEGAL DLSCHIP TION:
Lott 4. 5, 6, 7, 8 Block 9, BILTMORE, according to the Plat thereof, as recorded fn Plat
Book 6 ot Page 67 of the Public- Records of Dade County, %lido
1
Book23151/Page4665 CFN#20050234167 Page 8 of 9
7C BK. 23151 PG 4666
LAST PAGE
EXHIBIT A-1
• IL DESCRIPTION: Lots 14 through 18, Block Z AMENDED PLA1 OF
• QQP418E,RICAL EtILTMDRE 1921, according to the Plat thersof. as recorded in Plat Book 6
at: -Page 132 of the Public Records of Dade County, Florida.
Book23151/Page4666 CFN#20050234167 Page 9 of 9
EXHIBIT 4
{30902711;11
1111111111111111111111
11111111
This instrument prepared by, and after recording return to:
Name: Lucia A, Dougherty, Esq.
Address: Greenberg Traurlg, PA.
1221 Brickell Avenue
Miami, Florida 33131-3261
CFhl 2005R0234168
OR Bk 23151 Pss 4667 — 407; (11a9s)
RECORDED 03/05/20no5 15:14: 20
HARVEY RUVIN: CLERK OF COURT
MIAMI—DADE COUNTY, FLORIDA
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"),
made this day o29 of Tebro , 2005, by Luna Miami, LLC, a Florida limited liability
company (the "Owner") and 35 NE 40th Street, LLC, a Florida limited liability company
(the "Building Owner"), is in favor of the City of Miami, Florida, a municipality of the
State of Florida (the "City").
WITNESSETH:
WHEREAS, the Building Owner holds fee -simple title to certain property in the
City of Miami, Florida, located at 35 NE 40th Street, Miami, Florida, legally described in
Exhibit "A" attached hereto and made a part hereof (the "Building Property"); and
WHEREAS, the Owner holds fee -simple title to certain property in the City of
Miami, Florida, located at 34-60 NE 41st Street, Miami, Florida, legally described in
Exhibit "B" attached hereto and made a part hereof (the "Property"); and
WHEREAS, the Owner has obtained a Class II Special Permit from the City of
Miami, pursuant to File No. 04-0255, issued on October 1, 2004, which is attached
1
Book23151/Page4667 CFN#20050234168 Page 1 of 11
hereto and made a part hereof as Exhibit "C"; and
WHEREAS, the Owner is desirous of making a binding commitment to assure
that the Property shall be developed in accordance with the provisions of this
Declaration.
NOW, THEREFORE, the Owner voluntarily covenants and agrees that the
Property shall be subject to the following restrictions that are intended and shall be
deemed to be covenants running with the land and binding upon the Owner of the
Property, its successors in interest and assigns, as follows:
1. Recitals. The recitals and findings set forth in the preamble of this
Declaration are true and correct and are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
2. Preservation of Structure. Building Owner covenants that the existing
improvement on that certain property located at 35 NE 40th Street a.k.a the Piccadilly
Building (hereinafter, the "Building"), will not be demolished, or altered significantly in
terms of height or scale so long as the transfer of FAR to the Property remains in effect,
unless an Act of God would render the Building unsafe, in which case this covenant
would become null and void.
3. Parking. Owner covenants that at all times twenty-two vehicle parking
spaces will be provided for the Building, as required when the Building was permitted.
The required vehicle parking spaces will be provided on the Property. This covenant
shall become null and void at any point in time in which the Building ceases to exist.
4. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner of the Property, its
2
Book23151/Page4668 CFN#20050234168 Page 2 of 11
successors in interest and assigns and shall be binding upon them for an initial period of
thirty (30) years from the date this instrument is recorded in the public records and shall
be automatically extended for successive periods of ten (10) years, unless modified,
amended or released prior to the expiration thereof.
5. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working
hours to enter upon the Property or the Building Property for the purpose of
investigating the use of the Property or the Building Property, and for determining
whether the conditions of this Declaration and the requirements of the City's building
and zoning regulations are being complied with. An action to enforce the terms and
conditions of this Declaration including failure to record the Declaration may be brought
by the City and may be by action at law or in equity against any party or person violating
or attempting to violate any covenants of this Declaration or provisions of the building
and zoning regulations, either to restrain violations or to recover damages. This
enforcement provision shall be in addition to any other remedies available under the
law. An injunctive action relating to the foregoing Declaration, the Owner, its
successors and assigns, shall stipulate to a maximum $5,000 bond to be provided by
the parties. This shall not preclude the making of a request for a greater and
reasonable bond.
6. Amendment, Modification, and Release. This Declaration of Restrictions
may be modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the then owner(s) of all of the Building
Property and the Property, provided that the same is also approval by the Miami City
3
Book23151/Page4669 CFN#20050234168 Page 3 of 11
Commission at a public hearing. Any modification, amendment or release shall be
subject to the expeditious approval of the Director of Planning and Zoning, and as to its
legal form, by the Attorney for the City.
7. Severability. Invalidation of any one of these covenants by judgment of
Court shall not affect any of the other provisions of this Declaration, which shall remain
in full force and effect.
8. Recording. This Declaration shall be filed of record among the Public
Records of Miami -Dade County, Florida, at the cost of the Owner(s), no later than thirty
days after the zoning change is approved by the Miami City Commission. Within a
reasonable time, the owner shall furnish the City of Miami with a recorded copy of the
foregoing Declaration. In the event that a court of competent jurisdiction rescinds or
quashes this approval, it is expressly understood that this Declaration is void and of no
legal force and effect and that the owner and/ or his assigns and successors may file
and record any documents which are necessary to void the legal effect of this
declaration.
9. Effective Date. This instrument shall constitute a covenant running with
the title to the Property and shall be made binding and shall be recorded upon the
Owner, his successors and assigns upon recordation in the Public Records of Miami -
Dade County, Florida. These restrictions shall be for the benefit of, and a limitation
upon, all present and future owners of the Property and for the public welfare.
IN WITNESS WHEREOF, the undersigned has set his hand and seal this ac
2005.
4
Book23151/Page4670 CFN#20050234168 Page 4 of 11
Witnessed by:
Name: LiDILO•.... 41,9kjAe
Name: cjJNJ�-- -u sseci26iEeL
�v
Witnessed by:
Name: Q
Name:
c.6,.1 ILaPuw-
D N tA- 2,06-3 PEr2 CrrQ_
5
Luna Miami, LLC,
a Florida limited liability company
By: Urbana Development, LLC,
a Florida limit d liability company, its
sole member
By:
Member
35 NE 40th Street, LLC,
a Florida limited liability company
By: Urbana Development, LLC,
a Florida lim ; - d liability company, its
sole member
By:
, Member
Book23151/Page4671 CFN#20050234168 Page 5 of 11
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this as day of
/-ebrucr , 2005 byta o") Femedek, as member of Urbana Development,
LLC, a Florida limited liability company, as sole member of Luna Miami, LLC, a Florida
limited liability corporation. He personally appeared before me, is personally_ known to
me or produced as identification.
The foregoing instrument was acknowledged before me this cTS day of
`thla , 2005 by Al,, „ , as member of Urbana Development,
LLC, a Florida limited liability company, as sole member of 35 NE 40t" Street, LLC, a
Florida limited liability corporation. He personally appeared before me, is personally
known to me or produced as identification.
del
Name: OdAtit.f C . 1
Notary Public, State of Florida
Commission No.
4'4 '444c Walker C. Burttschell
Commission #DD289737
Expires: Feb 10, 2008
Bonded Thru
& '' Atlantic Bondins Co., Inc.
My commission expires:
giot tr?
6
Book23151/Page4672 CFN#20050234168 Page 6 of 11
MAR-07-20051:YO`') 10:23
P. 002/003
CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE
The undersigned, holder of that certain Mortgage Deed dated
a
&L r 3D104
, , and recorded in Official Records Book2ZO21 at Paget(t01, of
the PLbfic Records of Miami -Dade County, Florida, as amended, encumbering
the real property to be subjected to the foregoing Declaration of Restrictive
Covenants made by I4u44 kain it La anti 35t41 4665iree4- , in favor of the
City of Miami, Florida, hereby consents to said Declaration of Restrictive
Covenants and agrees that the lien of said Mortgage Deed shall be subject and
subordinate to the terms of said Declaration of Restrictive Covenants.
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
a_ day of March, 2005.
Witnessed by: Park National Capital Funding
Name:
Name:
STATE OF NEW YORK )
) ss:
COUNTY OF WESTCHESTER )
By:
Harvey Wolinetz, General Partner
(Corporate Seal)
The foregoing instrument was acknowledged before me this day of
March, 2005 by Harvey Wolinetz, as General Partner of Park National Capital
Funding, on behalf of said company. He personally appeared before me, is
personally known to me or produced as identification.
My commission expires: 0t4
Name: WM, iivgo) 4 'W.L
Notary Public, State •f New York
Co is iss • n No
..
J7otery Public, State of New `fork
No. 31-4773103
Congaed In Owens
Cannission Expires
LOCATION: RX TIME 03/07 '05 10 : 20
Book23151/Page4673 CFN#20050234168
Page7of 11
Exhibit "A"
DESCRIPTION: Lott 14 through 18. 11400k Z AMENDED PLA1 OF
MOSE, RIC;AL 13ILTMORE 1921, according to the Plot thereof, as recorded in Plot Book 6
dt Page 132 of the Public Records of Dade County. Florida.
Book23151/Page4674 CFN#20050234168 Page 8 of 11
Exhibit "B"
LEGAL PLSCRIPTION:
Lots 4, 5, 8, 7, 8 Block 9, BILTMORE, according to the Plot thereof, as recorded in Plot
Book 6 of Poge 67 of the Public Records of Dade County, Florida
\ii
Book23151/Page4675 CFN#20050234168 Page 9 of 11
EXHIBIT "C"
CITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION
File No. 04-0255
To:
From:
Jeremy Green
35 N,E. 40th Street
Miami, FL, 33137
Ana Gelabert, Director
Planning and Zoning Department
PLEASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (Cube)
Address: 34-60 NE 415' Street, Little Haiti
Intended Decision:
❑ Approval
I3 Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class II Special Permit pursuant to Section 608 and
903.1 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Section
608.2 states explicitly that a Class 1I 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 II Special Permit is
required where a project is designed as a single site and it occupies lots divided by a street or alley.
Pursuant 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.
• Little Haiti NET Office, Neighborhood Enhancement Team.
• UDRB, 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:
1
Book23151/Page4676 CFN#20050234168 Page 10 of 11
OF n I< 273151 PG 4677
T PAGE
• It is found that the proposed project is a mixed -use building consisting of residential units (101) and retail
spaces (18,336 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 on 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 Hereby
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 II, 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 condltions shall be submitted to the Planning and
Zoning Department for review and approval before issuance of any building permit
4. A clearance fetter from the FM 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
Af��i anU.. nln for
Pi g an oning Department
2
Date / / // °
Book23151/Page4677 CFN#20050234168 Page 11 of 11
EXHIBIT 5
{30902711;1}
RETURN TO: -1055-AL1
First American Title Ins. Co.
666 Third Avenue, 5ih Floor
New York, NY 10017
This Document Prepared By and Return to:
Marlyn J. Wiener, Esq.
6111 Broken Sound Parkway NW
Suite 330
Boca Raton, Florida 33487
Parcel ID Number: 01-3124-027-0180
1. 11111111111111111111111111111111111111111
CF 4 2015WI180437
OR Bk 29544 Pss 1125 - 1126; (2pss)
RECORDED i13/19/2015 11:54:02
DEED DOC TAX 168,000.00
SURTAX 126r000.00
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
Special Warranty Deed
This Indenture, Made this }(th day of March, 2015 A.D., Between
35 NE 40th Street, LLC, a Florida limited liability company
of the County of Miami -Dade, state of Florida, grantor, and
RS JZ Design 40, LLC, a Delaware limited liability company
whose address is:45 Main Street, Suite 628, Brooklyn, NY 11201
of the County of Kings, State of New York, grantee.
Witnesseth that the GRANTOR, for and in consideration of the sum of
-- TEN DOLLARS ($10) DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEES heirs, successors and assigns forever, the following described land,
situate, lying and being in the County of Miami —Dade State of Florida to wit:
Lots 14, 15, 16, 17 and 18, in Block 2, of COMMERCIAL BILTMORE,
according to the Map or Plat thereof, as recorded in Plat Book 6, Page
132, of the Public Records of Miami -Dade County, Florida.
Together with the terms, provisions, and conditions contained in that
certain Declaration of Restrictive Covenants in favor of the City of
Miami, Florida, a Municipality of the State of Florida, recorded in
Official Records Book 23151, Page 4667.
Subject to restrictions, reservations and easements of record, if any,
and taxes subsequent to December 31, 2014.
Together with all 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 covenant with said grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and
lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful
claims of all person claiming by, through or under grantor.
In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Print Nam e . *a
Wit 1
/ ,l�r ,, L�/�,,�,�
•ri ed „e: 4 IM Ea �i `7r'11
Witness r
35 NE 40TH
35 NE 40th Street, LLC, a Florida
limited liability...oempany
BY: /� (Seal)
f 0 r, Managing Member
P.O. Address: 35 NE 40th Street, Miami, FL 33137
Book29544/P2ae1125 CFN#20150180437
Paae 1 of 2
O"" Bk. 29544 F= fa 1 J-
L. .iT PAGE
STATE OF Florida
COUNTY OF Miami -Dade
The foregoing instrument was
Managing Member of 35 NE
company who is personally known to me
35 NE 40fH
acknowledged before me this 11 day of March, 2015 by Jeff O. Morr,
40th Street, LLC,a Florida limited liability
or who has produced his F],, �ida jivers licenseidentifi
into 8' 14aaie •
Notary Pubs'
My Commission Expir
Book29544/PAciel 126 C;FN#2O15fl1 Rf427 Paae 2 of 2
EXHIBIT 6
{32847754;11
CFN: 20120036600 BOOK 27965 PAGE 1284
DATE:01/18/2012 04:15:24 PM
DEED DOC 36,000,00
SURTAX 27,000.00
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CT'
This instrument prepared by:
Thomas C. Cobb, Esq.
P.O. Box 763
Fairfield, FL 32634
When recorded return to:
Bryan Hawks, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131-3456
Folio Nos. 01-3124-024-1360, 01-3124-024-1370, 01-3124-024-
1380, 01-3124-024-1390, 01-3124-024-1400, 01-3124-024-1410, 01-
3124-024-1420
WARRANTY DEED
This Warranty Deed made as of the f day of January, 2012, by DESIGN DISTRICT
40TH AND 41sT STREET, LLC, a Florida limited liability company ("Grantor"), having its
address at 3470 North Miami Avenue, Upper Suite, Miami, FL 33127 in favor of SWEET
VIRGINIA ACQUISITIONS, LLC, a Delaware limited liability company ("Grantee"), having
its address at 3841 NE 2nd Avenue, Suite 400, Miami, FL 33137.
WITNESSETH, that Grantor, for and in consideration of the sum of Ten ($10.00) Dollars
in hand paid by Grantee and other valuable consideration, the receipt and sufficiency whereof is
hereby acknowledged, hereby grants, bargains and sells to the said Grantee and to Grantee's heirs
and assigns, in fee simple forever the real property described as follows (the "Land"):
Lots 4, 5, 6, 7 and 8, Block 9, of Biltmore, according to the Plat thereof, as recorded in Plat Book 6, page
67 of the Public Records of Miami -Dade County, Florida ("Parcel 1"); and
Lots 1,2 and 3, Block 9, of Biltmore, according to the Plat thereof, as recorded in Plat Book 6, page 67 of
the Public Records of Miami -Dade County, Florida ("Parcel 2");
SUBJECT TO:
1. Real property taxes for the year 2012 and subsequent years.
SV One Warranty Deed .003
1 1 1
nn • 1,-, 1 /11 • .T
1-1 __7. -_vim__ T 1 /1 /t) 1 Mn 1 C
CFN: 20120036600 BOOK 27965 PAGE 1285
2. Matters set forth in the Plat of Biltmore, as recorded in Plat Book 6, Page 67 of
the Public Records of Miami -Dade County, Florida.
3. Covenants running with the land, none of which is reimposed by this deed, set
forth in Section 15 of the unrecorded Settlement Agreement between (i) Luis
Penelas and Jane Herrera, individually and as representatives of the Buena Vista
East Historic Neighborhood Association, with a mailing address of 133 NE 47th
Street, Miami, FL 33137, and (ii) Urbana Development LLC, a Delaware
limited liability company with a business address of 35 NE 40th Street, Miami,
FL 33137, Aria Lofts, a Florida limited liability company, with a business
address of 35 NE 40th Street, Miami, FL 33137, and Jeff Morr, an individual
residing in Miami -Dade County, Florida; as amended by undated letter
agreement addressed to Mr. William Boehringer, Cube Miami, LLC and Aria
Miami, LLC, executed on behalf of Buena Vista East Historic Neighborhood.
4. Declaration of Restrictive Covenants in lieu of Unity of Title, filed February 4,
2005, in Official Records Book 23058, at page 904, as affected by Corrective
Declaration of Restrictive Covenants in Lieu of Unity of Title, filed March 9,
2005 in Official Records Book 23151, at page 4658, all in the public records of
Miami -Dade County, Florida (affects Parcel 1 only).
5. Declaration of Restrictive Covenants filed March 9, 2005, in Official Records
Book 23151, at page 4667, in the public records of Miami -Dade County, Florida
(affects Parcel 1 only).
TOGETHER with all and singular the tenements, hereditaments and appurtenances
thereunto belonging or in any way appertaining.
AND EXCEPT AS SET FORTH ABOVE, GRANTOR does hereby fully warrant the
title to said land, and will defend the same against the Lawful claims and demands of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has executed this instrument.
Signed, sealed and delivered
In the presence of:
SV One Warranty Deed .003
DESIGN DISTRICT 40111 AND 41 sT
STREET, LLC, a Florida limited
liability company
By: !/l
Asaf Cymbal
Manager
1 '1 /'1 1 /'1111
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE
CFN: 20120036600 BOOK 27965 PAGE 1286
The foregoing instrument was acknowledged before me this I ?day of January, 2012 by
Asaf Cymbal, as Manager of DESIGN DISTRICT 40TH AND 41ST STREET, LLC, a Florida
limited liability company, on behalf of that company. He is _ personally known to me or
produced a driver's license as proof of his identity.
.�1 OVES
-A
MYL� 1 EE 129808
:�. . r
` EXPIRES:October 12, 2015
#4Ean0' Solana Ilutot NYay unto
SV One Warranty Deed .003
NOTARY PUBLIC, State of Florida
My Commission Expires:
(SEAL)
1 .. / . 1 1 1 1 J. !V•• • 1, 1 /11 • .T\ (1 1111 1 .1 Tr _ T 1 /1 //11 //1/11 r
EXHIBIT7
{30902711j }
Prepared by and return to:
Steven J. Wernick, Esq.
Akerman LLP
One SE Third Avenue, 25th Floor
Miami, FL 33131
RELEASE OF DECLARATION 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
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) 1
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
hereby acknowledged, Owners and City hereby agree as follows:
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
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:
"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
limd lia ►`, li ' com . . ny
By:
Name.
Title: anager
ernstein
STATE OF ki&IVOz
COUNTY OF KA Kj,-1 S
The foregoing instrument was executed, acknowledged and delivered before me this / R4
day of beteo.A6,62. , 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 [ V ] personally known to me or who [ 1 produced
as identification.
Name: ►1JllG4-oe waz
Notary Public, State of Florida 1\10.1
My Commission Number: ei NO (.2 524 4 2'(
My Commission Expires: o3/&')'
(NOTARY SEAL)
MICHELLE L WOOD
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01W06321929
Qualified in Kings County
Commission Expires Mar. 30. 2019
{36457492;4} 3
Signed, sealed and delivered in the presence of:
WITNESSES:
( . (A
Print Name: I irCiI) Ja (,JEjCi-1
"OAK PLAZA"
OAK PLAZA ASSOCIATES (DEL.) LLC, a
Delaware limited liability company
By: Mia • ' esig 1 istrict Associates
Manag- ' C, - laware limited liability
compa s . .ter
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 ► k
day oft\C1YTaCt\ , 201 9 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 identification.
atcu„.aLQLCJau
Name: I ) Cii fi. IC-1
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
(NOTARY SEAL)
tPF v PUB ALICIA ALONSO-WELCH
* MY COMMISSION # EE 859276
. EXPIRES; April 18, 2017
reap Fore. Bonded Thru Budget Notary Services
;36457492;4) 4
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:
Print Nrme: /u `6•e
Prinf N
r,
"k iaji-t-
PACIFIC WESTERN BANK, a California
state chartered bank
By:
Na
Title: So
vP
STATE OF Maryfavtt (
COUNTY OF 114011 }1)01i1.elvi
The foregoing instrument was executed, acknowledged and delivered before me this I,'Lh
day of DcEtinbtr" , 2015, by ►(even 12,t cs , thew, c,4,t;,,m,wi - of Pacific Western Bank,
a California state chartered bank, who is [V_ 1 personally known to me or who [ 1 produced
as identification.
{36457492;4)
LiVa4t41-6
Name: tiVandA k ThDma-5
Notary Public, State of Mu. vy Ut-n c
My Commission Number:
My Commission Expires: I'11Lt y 34 Zv/t,
(NOTARY SEAL)
WANDA Y THOMAS
NOTARY PUBLIC
PRINCE GEORGE'S COUNTY
MARYLAND
MY COMMISSION EXPIRES 5/30/16
5
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:
WITNESSES:
Print Name: T,,,,n+hy Neriry
beoiA QP<4C
Print Name: �3lo►. 0vogSvVW
Print Name: 4+4y 44MI y
Print Name: PA.Ct..•_v bt.oCCvk-A4
STATE OF
COUNTY OF
ss.:
The foregoingVnstrument was a knowl
201 , by /IJCc wre D l (Scv\ , the
YO BRANCH, on behalf of the bank. S
or has produced
[Notarial Seal]
DEUTSCHE BANK AG NEW YORK
BRANCH
By:
Nam
Tit] MANAGING DIRECTOR
y:
Name:
Title:
)AMES RDLISDN
Joanna Soften
Vice President
edges before me this day of ✓1(,(��<
e ( of DEUTS HE BAN AG NE
erson is personally known to me (YES) (NO)
as identification.
Notary Public
SASKIA A. LAf3 M
Mabry Public, State of New York
No. 01 LA6274940
Qualified in Kings County
c ion F,,-= enjean 14, 2O17
Printed Name of Notary
{36457492;4}
6
SS..
The foregoing instrument was ac
201 y So (, the
YORK BRANCH, on behalf of the bank.
or has produced
e owledg d befo me this day o 4' (L4/
v 1 C �✓�,5;a( attic DEUTS HE BANK AG N
Such person is personally known to me (YES) (NO)
as identification.
[Notarial Seal]
ary Public
Printed Name of Notary
SAS IA A. LABIUM_
Notary Public, State of New York
No. 01 LA6274940
Qualified in Kings County
Comp>ssion Expires January 14, 2017
{36457492;4} 7
APPROVED AS TO FORM AND
CORRECTNESS:
OFFICE OF THE CITY ATTORNEY
By:
Printed: Victoria Mendez, Esquire
Its: City Attorney
APPROVED:
DEPARTMENT OF PUBLIC WORKS
By:
Printed: Eduardo Santamaria, P.E.
Its: Director
APPROVED:
BUILDING DEPARTMENT
"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:
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
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
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
EXHIBIT 8
{30902711;1}
Prepared by and return to:
Steven J. Wernick, Esq.
Akerman LLP
One SE Third Avenue, 25th Floor
Miami, FL 33131
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
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
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:
WITN1 SSES:
Prin
Print Name:
"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 't company
By:
Name:
Title: a ager
stein
STATE OF MAN
V C_
COUNTY OF (U }JL1 S
The foregoing instrument was executed, acknowledged and delivered before me thisie L
day of l e.o_e yl b -r , 2015 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 Hi i ] personally known to me or who [ 1 produced
as identification.
Name: MNOO
Notary Public, State of
My Commission Number:
My Commission Expires:
(NOTARY SEAL)
MICHELLE L WOOD
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01W06321929
Qualified in Kings County
Commission Expires Mar. 30, 2019
{36461030;4} 3
Signed, sealed and delivered in the presence of:
WITNESSES:
Pri t Name:
l FELT
Print Name:
�.C(r6U'
cep
W`
Ah•Cif w6lc4
"OAK PLAZA"
OAK PLAZA ASSOCIATES (DEL.) LLC, a
Delaware limited liability company
By: Miami = ign Di ict Associates
Manager a 1 -la are limited liability
compan ► an. ger
By: AIM
Name:-ven G tenstein
Title: Vice -President
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was executed, acknowledged and delivered before me this I l
day of,q h UGIN , 201v by Steven Gretenstein, the Vice -Pr sident 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 [ 1 personally known to me or
who [ 1 produced as identification.
alit_ce, W,,a.e.J._
Name: A I I' e J` A a Gti I cl-�
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
(NOTARY SEAL)
ALICIA ALONSO WELCH
* MY COMMISSION # EE 859276
EXPIRES: April 18, 2017
Bonded Mrs Budget Notary Services
136461030;4}
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 Na R e• . % ZoS /t'"6-ee-
mar
Print Name
PACIFIC WESTERN BANK, a California
state chartered bank
By:
Nam .
Title: SvP-Por ( N�.•da.
STATE OF Mt ►t'yLARe(
COUNTY OF M0111 0 i v y
The foregoing instrument was executed, acknowledged and delivered before me this (,
day of [)pr,titx✓ , 2015, by jCevt.i Zees , the srp•pc,tfotfmulti- of Pacific Western Bank,
a California state chartered bank, who is [ 1(1 personally known to me or who [ 1 produced
as identification.
Name: j^,1Gtrto(jt y ThOrnIts
Notary Public, State of ► try (AM
My Commission Number:
My Commission Expires: Mit 13o,2eu r;
(NOTARY SEAL)
WANDA Y THOMAS
NOTARY PUBLIC
PRINCE GEORGE'S COUNTY
MARYLAND
L.MY COMMISSION EXPIRES 5/30/16
{36461030;4} 5
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:
WITNESSES:
Print Name: —75170+ y /4 „f/
L,JA
Print Name: f3\OV & u`(2.
Print Name:
Patitk
Print Name: a.),„-!C�wS S ►�a,�r
DEUTSCHE BANK AG NEW YORK
BRANCH
By:
Name:
Title:
Joanna Soliman
Vice President
STATE OF
COUNTY OF
ss.:
The foregoing nstrument was ac
201' by r, q? 3i(tSOA , the
YORK B NCH, on behalf of the bank,
or has produced
[Notarial Seal]
owledged before me this
day of L �GLL4
'(ram✓of DEUTSCHE BAD AG NE
erson is personally known to me (YES) (NO)
as identification.
Notary Public
Printed Name of Notary
11
SASKIA A. LARRIEL
Notary Public, State of New York
No 011A627494C
Qualified in Kings County
Cotsiision Expires Jowly 14, 20 7
{36461030;4)
6
STATE OF rV%,-Ks l b )
COUNTY OFA W
The foregoing instrument was acl<
2015, by vtda L6/1' u'l , the
YORK. B ZNCH, on behalf of the bank.
ss.:
owle4ged b;fore me this day o04(i(Utt✓,
flwlof DEUTSCHE BANK AG NE
Such person is personally known to me (YES) (NO)
or has produced as identification.
[Notarial Seal]
Notary Public
Printed Name of Notary
ASKIA A. LA9RIEL
Notary Public, State of New York
No. 01 LA627494C
Quaiified in Kings Co..n y
CnMrssiion Fj pies January 14, AO i 7
(36461030;4} 7
"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
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
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) 10
EXHIBIT9
{30902711,11
Parking Analysis
The Piccadilly Building, at 35 NE 40th Street, is located in the T5-O transect zone and occupied by
office and retail uses which are permitted by right. Office uses total 4,750 square feet and retail
uses total 2,500 square feet.
As set forth in Article 4, Table 4 of Miami 21, parking for office and retail uses is required at a ratio
of three (3) parking spaces per 1,000 square feet of habitable space or habitable area. Pursuant to
the shared parking calculations set forth in Miami 21 Article 4, Table 5, the requirement for the
lesser use (retail) may be reduced by a factor of 1.2. Therefore the total current parking
requirement is 14.65 spaces, rounded up to 15 spaces and as illustrated in the following chart:
Use
Area (sq. ft.)
Parking
requirement
Parking requirement with
shared parking factor (1.2)
Total parking
requirement
office
550
1.65
1.65
1.65
office
2,250
6.75
6.75
6.75
retail
2,500
7.5
6.25
6.25
15.9 (16)
14.65 (15)
A letter from the Miami Parking Authority ("MPA") dated February 27, 2015 and attached herein
indicates that six (6) on -street parking spaces are available in front of the Piccadilly Building.
Pursuant to Miami 21 Article 5, Section 5.5.4, On -street parking available along the Frontage Lines
that correspond to each Lot shall be counted toward the parking requirement of the Building on
the Lot. Therefore, the off-street parking requirement is nine(9) spaces.
In the event that there might be a change of use or otherwise the shared parking calculations are
determined not to be applicable, the property owner is making arrangements to relocate ten (10)
parking spaces to the Cityview Garage, located at 3800 NE 1st Street.
{36520769;2}
EXHIBIT 10
{30902711,11
40 N.W. Third Street
Miami, FI 33128
Phone (305) 373-6789
Fax (305) 371-9451
www.miamiparkinq.com
February 27, 2015
City of Miami
Department of Planning and Zoning
444 SW 2nd Avenue
Miami, Florida 33128
Re: Parking Spaces 35 NE 40'h Street. Miami, FL.
This letter is being submitted as proof that Ms. Desmond has contacted the Miami Parking Authority in
order to verify the number of parking spaces available for use by customers of this prospective business
to be located at 35 NE 40'h Street. Miami, FL. A review of the area confirmed that there are 6 spaces on
35 NE 401h Street. Please note that 3 of those spaces are currently being use by an approved valet
company.
Should any other information be required of this office regarding this application, please do not hesitate to
contact me directly at 305-373-6789.
Respectfully,
Humberto Escandon
Senior Manager of Operations
EXHIBIT 11
130902711,1�
State of Delaware
Secretary of State
Division o Corporations
Delivered 08:39 AM 05/15/2015
FILED 08:39 AM 05/15/2015
SRV 150682927 - 4888295 FILE
CERTIFICATE OF MERGER
OF
BEN NEWTON LLC, DACRA DESIGN MOORE (DEL.) LLC, FCAA, LLC, MONTE
CARLO ASSOCIATES (DEL.) LLC, PAVED PARADISE, LLC, PENNY LANE
ACQUISITIONS, LLC AND SWEET VIRGINIA ACQUISITIONS, LLC
WITH AND INTO
OAK PLAZA ASSOCIATES (DEL,) LLC
The following Certificate of Merger for the merger of each of (i) Ben Newton LLC, a
Delaware limited liability company ("Ben Newton"), (ii) Dacra Design Moore (Del.) LLC, a
Delaware limited liability company ("Dacra Design"), (iii) FCAA, LLC, a Delaware limited
liability company ("FCAA"), (iv) Monte Carlo Associates (Del.) LLC, a Delaware limited
liability company ("Monte Carlo"), (v) Paved Paradise, LLC, a Delaware limited liability
company ("Paved Paradise"), (vi) Penny Lane Acquisitions, LLC, a Delaware limited liability
company ("Penny Lane") and (vii) Sweet Virginia Acquisitions, LLC, a Delaware limited
liability company ("Sweet Virginia," and, together with Ben Newton, Dacra Design, FCAA,
Monte Carlo, Paved Paradise and Penny Lane, collectively,' the "Non -Surviving Entities"), with
and into Oak Plaza Associates (Del.) LLC, a Delaware limited liability company (the "Surviving
Entity"), is being submitted pursuant to the provisions of Section 18-209 of the Delaware
Limited Liability Company Act (the "Delaware Act").
FIRST. The exact name, jurisdiction and entity type of the Non -Surviving Entities are as
follows:
Name
Ben Newton LLC
Dacra Design Moore (Del,) LLC
FCAA, LLC
Monte Carlo Associates (Del.) LLC
Paved Paradise, LLC
Penny Lane Acquisitions, LLC
Sweet Virginia Acquisitions, LLC
Jurisdiction
Delaware
Delaware
Delaware
Delaware
Delaware
Delaware
Delaware
Entity Tv»e
Limited Liability Company
Limited Liability Company
Limited Liability Company
Limited Liability Company
Limited Liability Company
Limited Liability Company
Limited Liability Company
SECOND. The exact name, jurisdiction, and entity type of the Surviving Entity are as
follows:
Name Jurisdiction Entity Type
Oak Plaza Associates (Del,) LLC Delaware Limited Liability Company
THIRD. Pursuant to an Agreement and Plan of Merger (the "Plan of Merger") by and
among the Non -Surviving Entities and the Surviving Entity, each of the Non -Surviving Entities
intends to merge with and into the Surviving Entity (the "Merger") and the separate existence of
each of the Non -Surviving Entities shall cease. The Surviving Entity is the surviving limited
liability company in the Merger.
FOURTH. The Plan of Merger was approved and executed by each of the Non -Surviving
Entities and the Surviving Entity in accordance with Section 18-209 of the Delaware Act.
FIFTH. The Merger is to become effective upon filing of this Certificate of Merger with
the Secretary of State of the State of Delaware (the "Effective Time"),
SIXTH. Pursuant to the Plan of Merger, as of the Effective Time, the Certificate of
Formation of the Surviving Entity shall be the certificate of formation of the surviving limited
liability company.
SEVENTH. The principal address of the Surviving Entity shall be c/o Miami Design District
Associates Manager, LLC, 3841 N.E. 2nd Avenue, Suite 400, Miami, Florida 33137. A copy of
the Plan of Merger is on file at the principal address of the Surviving Entity and will be furnished
by the Surviving Entity, on written request and without cost, to any member of the constituent
limited liability companies or any person holding an interest in the constituent limited liability
companies.
(Signature pages follow)
2
IN WITNESS WHEREOF, the Non-Survivin Entities and the Surviving Entity have
caused this Certificate of Merger to be signed this � D' y of May, 2015.
NON -SURVIVING ENTITIES:
BEN NEWTON LLC,
a Delaware limited liability company
DACRA DESIGN MOORE (DEL.) LLC,
a Delaware limited liability company
By: Miami ► = ';• i istrict Associates By: Miami Design District Associates
Man ger, Delaware limited ManaLL , a M !aware limited
liab' ity • ,, its Manager liabili , im any, i s Manager
13
Ste Gretenstein
e: Vice President
FCAA, LLC,
a Delaware limited liability company
By:
Na'-'. Stev ' Gretenstein
Title: Vice President
MONTE CARLO ASSOCIATES (DEL.) LLC,
a Delaware limited liability company
By: MDDA Holdings Member, LLC, By: Miami Desi
a Delaware limited liability company, its sole Manager
Member liability
By: Mitt, esi: :' trict Associates
M.. • r, L : 10claware limited
Has eom ' : its Manager
By: ,,,.em's`•�►` s �
Stev
Title: Vice
retenstein
resident
By:
Na i�'teven etenstein
Title. Vice President
District Associates
ware limited
anager
[Signature Page of Certificate of Merger — Ben Newton LLC, Dacra Design Moore (Del.) LLC, FCAA, LLC, Monte
Carlo Associates (Del.) LLC, Paved Paradise, LLC, Penny Lane Acquisitions, LLC and Sweet Virginia
Acquisitions, LLC with and into Oak Plaza Associates (Del.) LLC)
PAVED PARADISE, LLC,
a Delaware limited liability company
By: MDDA Holdings Member, LLC,
a Delaware limited liability company, its sole
Member
ict Associates
elaware limited
Manager
By:
N : Steve 1 Gretenstein
Title: Vice President
SWEET VIRGINIA ACQUISITIONS, LLC,
a Delaware limited liability company
By: MDDA Holdings Member, LLC,
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a Delaware limited liability company
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a Delaware limited liability company, its sole
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SURVIVING ENTITY:
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[Signature Page of Certificate of Merger — Ben Newton LLC, Dacra Design Moore (Del.) LLC, FCAA, LLC, Monte
Carlo Associates (Del.) LLC, Paved Paradise, LLC, Penny Lane Acquisitions, LLC and Swett Virginia
Acquisitions, LLC with and into Oak Plaza Associates (Del.) LLCJ
Delaware
The First State
PAGE 1
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES:
"BEN NEWTON LLC", A DELAWARE LIMITED LIABILITY COMPANY,
"DACRA DESIGN MOORE (DEL.) LLC", A DELAWARE LIMITED
LIABILITY COMPANY,
"FCAA, LLC", A DELAWARE LIMITED LIABILITY COMPANY,
"MONTE CARLO ASSOCIATES (DEL.) LLC", A DELAWARE LIMITED
LIABILITY COMPANY,
"PAVED PARADISE, LLC", A DELAWARE LIMITED LIABILITY COMPANY,
"PENNY LANE ACQUISITIONS, LLC", A DELAWARE LIMITED LIABILITY
COMPANY,
"SWEET VIRGINIA ACQUISITIONS, LLC", A DELAWARE LIMITED
LIABILITY COMPANY,
WITH AND INTO "OAK PLAZA ASSOCIATES (DEL.) LLC" UNDER THE
NAME OF "OAK PLAZA ASSOCIATES (DEL.) LLC", A LIMITED LIABILITY
COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF
DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE FIFTEENTH DAY
OF MAY, A.D. 2015, AT 8:39 O'CLOCK A.M.
4888295 8100M
150682927
You may verify this certificate online
at corp.delaware.gov/authver.shtml
Jeffrey W. Bullock, Secretary of State
AUTHEN TION: 2380604
DATE: 05-15-15
EXHIBIT 12
(30902711,1)
ARTICLE V. - COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT
TRUST FUNDS-1
Footnotes:
--- (6) ---
Editor's note -Ord No 12851, § 2, adopted September 28. 2006, amended article V in its entirety to
read as herein set out. Formerly, article V pertained to the Coconut Grove business district improvement
trust fund; and derived from the Code of 1980. §§ 35-191, 35-192, 35-194; Ord. No. 11052, § 2, adopted
March 25, 1993; Ord. No. 11329, § 2, adopted December 7, 1995; Ord. No. 11415, § 2, adopted
November 21, 1996; Ord, No. 11931, § 2, adopted May 25, 2000; Ord, No. 12163, § 2, adopted
November 15, 2001; Ord. No. 12277, § 2, adopted Septernber 11, 2002; Ord. No. 12435: § 2, adopted
November 13, 2003, and Ord. No. 12564, § 2, adopted July 22, 2004,
Sec. 35-220. - Required off-street parking and payment in lieu of required off-street parking.
The minimum off-street parking requirements shall be as depicted herein and/or in the zoning
ordinance of the city. Said minimum parking requirements may be satisfied by providing the parking as
stated in the zoning ordinance or by payment in lieu of required off-street parking, as described herein.
Parking reductions, off -site parking, or any other relaxation of parking requirements allowed pursuant to
the Miami 21 Code shall not be made available within areas unless otherwise provided for within
established Special Area Plans (SAPs) of the city for which a parking trust fund has been established and
is in effect pursuant to this chapter.
(1) Upon application to the planning director, the owner of a property may request a waiver of any
or all of the eligible parking spaces, as specified in the zoning ordinance by substituting the
payment of a fee per space in lieu of providing the required parking spaces.
(2) If the application for the waiver of required off-street parking is approved by the planning
director, the property owner shall pay the required fee per space to the department of off-street
parking for deposit in a special fund, depending on the area for which the parking is located.
Except as otherwise permitted for required supplemental parking for those uses specified in the
minimum required parking charts included the zoning ordinance, payment of the required fee
per space shall be made in the form of a payment of a fixed amount. The rental fee in lieu of
required supplemental parking shall be paid in accordance with section 35-224, as long as the
supplemental parking spaces for the specified use are required.
Fees for the parking waiver shall be as established by this chapter and the zoning ordinance.
If a property owner is entitled to pay a fee in lieu of providing required parking as provided for in
this section, the initial payment, shall be made in advance to the Coconut Grove parking
improvement trust fund, (the "Coconut Grove parking trust fund") or the design district parking
improvement trust fund, as applicable, as specified in the letter granting the waiver, and as a
condition precedent to the issuance of a parking waiver certificate, and of a certificate of use.
Failure to make any required payment shall cause the parking waiver and the certificate of use
to be revoked.
(3)
(4)
(5)
(6) Evidence of issuance of a waiver of required off-street parking shall be in the form of a
certificate of waiver, recorded in the public records of Miami -Dade County, at property owner's
expense issued in the name of the owner of the property for which the waiver is granted. The
date on the certificate shall be the effective date of the waiver thereby granted. Such certificate
shall carry a statement allowing the waiver to be transferred by the planning director to a new
Page 1
(7)
owner within 90 days of a written request to the director. Said transfer shall be granted,
provided that all fees are current and other requirements have been satisfied. A certificate of
use shall not be issued for the use of any property for which the parking requirements have not
been satisfied as provided for herein.
The waiver of required off-street parking shall be applicable only to the structure and use for
which it is issued. New development or additions, or any construction generating additional
square footage of floor space or increasing the floor lot ratio, shall be required to comply with
the parking requirements for said additions or obtain proper parking approvals. Certificates of
parking waiver may be modified to include new square footage as long as the overall thresholds
as specified in the zoning ordinance are not exceeded.
(8) A waiver of required supplemental off-street parking issued under the provisions of this section
shall be revoked if any required fees remained unpaid for more than 90 days after the date due.
(Ord. No. 13185, § 2, 6-24-10; Ord. No. 13455, § 2, 5-22-14; Ord. No. 13520, § 2, 5-28-15)
Sec. 35-221. - Coconut Grove Parking Improvement Trust Fund —Established.
(a) There is hereby established a trust fund to be entitled the Coconut Grove parking improvement trust
fund, (the "Coconut Grove parking trust fund") to be maintained and administered by the department
of off-street parking into which funds shall be deposited and from which funds shall be withdrawn
pursuant to this chapter to facilitate public off-street parking, infrastructure improvements and
maintenance and marketing to serve the area referred to herein as "Coconut Grove Village Center"
generally bound by Oak Avenue and Tiger Tail Avenue to the North, S.W. 27th Avenue, South
Bayshore Drive, both sides of McFarlane from Grand Avenue to South Bayshore Drive, both sides of
Grand Avenue from Margaret Street to Mary Street, both sides of Grand Avenue from Hibiscus
Street to Margaret Street, both sides of Main Highway from Grand Avenue to Commodore Plaza,
both sides of Commodore Plaza, and the North side of Main Highway from Commodore Plaza to
Franklin Avenue consisting of that portion of the area formerly known as the SD-2 zoning district east
of Margaret Street, that portion of the area formerly known as of the SD-17 zoning district west of
S.W. 27th Avenue, and that zone designated G/I in the city's official zoning atlas and bounded by
Charles Avenue on the south and Main Highway on the east and presently occupied by the Coconut
Grove Playhouse through means which may include, but are not limited to the following activities:
(1) Acquire fee simple or other interest in land, and other real property for parking purposes;
(2) Construct, maintain, operate, lease, manage, or otherwise provide off-street parking facilities for
public use;
(3) Provide public information to enhance parking utilization including publicity campaigns, graphics
and signage, and other informational devices;
(4) Coordinate plans for parking facility improvements and expansion with public transportation
plans and operations in the vicinity, particularly the joint facilities that might be operated in
connection with Metrorail and any feeder services existing or future;
Provide accessibility to off-street parking facilities by suitable means such as public shuttle, tram
or trolley service and related physical improvements such as bus shelters and right-of-way
modifications which may include the area from Bayshore Boulevard to the Coconut Grove
Village Center;
(6) Perform such other related activities as may be appropriate to carry out the intent of this article
including, but not limited to, reimbursement of administrative costs, infrastructure improvements
in the public right-of-way, contributing to maintenance of the public sidewalks within the
business district defined herein, as well as destination marketing;
(5)
Page 2
(7) It is the intent of this article that at least 90 percent of the funds, as determined at the beginning
of each fiscal year, in the trust fund shall be utilized for subsections (a)(1)—(6). At least ten
percent of the funds must be maintained as reserves;
(8) Any such shuttle, tram or trolley service, as mentioned in subsection (a)(5), shall be subject to
yearly evaluation of the Coconut Grove business improvement district board.
(Ord. No. 12851, § 2, 9-28-06; Ord. No. 13059, § 3, 3-12-09; Ord. No. 13185, § 2, 6-24-10)
Sec. 35-222. - Same —Funds made available; financial report.
(a) Funds deposited in the Coconut Grove parking trust fund shall be made available to the Coconut
Grove business improvement district board ("BID board") for the purposes set forth in section 35-221
and for administrative expenses.
(b) A financial report on trust fund receipts and expenditures shall be prepared annually at the close of
the fiscal year by the off-street parking department and presented to the BID board for its review and
approval prior to filing with the city clerk.
(Ord. No. 12851, § 2, 9-28-06; Ord. No. 13059, § 3, 3-12-09; Ord. No. 13185, § 2, 6-24-10)
Sec. 35-223. - Revocation of certificate of use for non-payment of parking waivers.
Failure to make any payment required by this article shall cause the zoning administrator to revoke
the parking waiver certificate and the certificate of use. The zoning administrator shall revoke a parking
waiver certificate and a certificate of use if any required fees remain unpaid for more than 60 days after
the date due. Said revocation of the parking waiver certificate and certificate of use shall be effective
immediately upon the department of off-street parking's notification to the zoning administrator that the
required fees remain unpaid for more than 60 days after the date due. The department of off-street
parking shall notify the parking waiver certificate holder and certificate of use holder of the pending
revocation by posting notice at the property, hand delivering a notice, or mailing a notice. A parking
waiver certificate holder or certificate of use holder may reinstate the certificates by paying any unpaid
fees. A parking waiver certificate holder or certificate of use holder may challenge the revocation by
requesting a hearing with the zoning administrator within ten days of receiving notice. Upon presenting
such evidence to the zoning administrator of proper payment, the zoning administrator shall immediately
reinstate any revoked certificates.
The city shall not issue a certificate of use for the use of any property for which the parking
requirements have not been satisfied as provided in this section.
(Ord. No. 13185, § 2, 6-24-10)
Sec. 35-224. - Schedule of fees and charges for Coconut Grove parking trust fund.
The schedule of fees and charges to be assessed and paid into the Coconut Grove parking trust
fund is as follows:
(1) Fee in lieu of providing required off-street parking for sidewalk cafes. In addition to the $20.00
per square foot permit fee required by the public works department, as specified in section 54-
223, there shall be paid an additional fee as set forth in subsections (3)c. and (3)e., in lieu of
providing required off-street parking, said funds shall be paid monthly into the Coconut Grove
parking trust fund.
(2) All property owners currently in possession of base parking space waivers as provided in
Ordinance 11052 shall pay $540.00, per space per year, payable monthly (the "annual
payment"). The annual payment shall be inflation adjusted once at the end of each five-year
Page 3
period. The first inflation adjustment commenced on January 1, 2007, reflecting the change
from the prior year only, using the consumer price index urban consumers (CPI-U). All property
owners currently in possession of base parking space waivers shall have the option of
converting the existing waivers to conform to the provisions set forth in subsection (3).
Fee in lieu of providing required off-street parking for the area formerly known as the SD-2
zoning district herein described as the "Coconut Grove Central Commercial District," which
consists of three general areas. Area A generally consists of both sides of S.W. 37th Avenue
from Oak Avenue to Grand Avenue, and both sides of Grand Avenue from Brooker Street to
Hibiscus Street. Area B is generally bound to the North by Oak Avenue from Allamanda Street
to Mary Street, Mary Street to the East, includes both sides of Grand Avenue from Margaret
Street to Mary Street, both sides of McFarlane Road from Grand Avenue to South Bayshore
Drive, both sides of Main Highway from Grand Avenue to Commodore Plaza including both
sides of Commodore Plaza and Fuller Street. Area C includes the North Side of Main Highway
from Charles Avenue to Franklin Avenue, shall be as follows:
a. A purchase price of $5,400.00 per parking space waiver (the "purchase price"). The
purchase price shall be inflation adjusted once at the end of each five-year period. The first
such adjustment occurred on January 1st, 2007, reflecting the change from the prior year
only, using the consumer price index urban consumers (CPI-U). The purchase price shall
be paid in either of the following two ways, at the option of the property owner:
1. Permanent certificate of waiver. Payment of the purchase price may be made at the
time of application for a permanent certificate of waiver. Upon receipt of the purchase
price, the city shall issue a "permanent certificate of waiver," recorded at the property
owner's expense in the public records of Miami -Dade County, Florida, to the property
owner. The permanent certificate of waiver shall run with the land, and may be leased
to another owner of real property within the area formerly known as SD-2 district, now
known as the Coconut Grove Central Commercial District, with boundaries as
described above.
2. Installment payment program. The purchase price may be paid in installments over a
self -amortizing period of 15 years, but with a balloon payment after ten years from
date of execution of an installment payment agreement for permanent certificate of
waiver (the "agreement"), with interest at one percent below the bank prime rate.
Each installment shall be referred to as a "payment." Bank prime rate shall refer to the
rate set by the banking institution used by the department of off-street parking (the
"department"). Payments shall be due and payable on the first of each month (the
"due date"). The property owner shall pay a late fee of five percent of each payment
which is not received within 15 days of the due date. Payments not made within 30
days after the due date shall be charged interest at the rate of ten percent per annum
calculated monthly on the unpaid balance, including applicable late fees. If any
payment is returned because of insufficient or uncollected funds in addition to any
other fee or charge due, the property owner shall be liable for a returned check charge
in the amount of five percent of the amount of the check; in such event, the
department of off-street parking may require that all future payments be made by
cashier's check. In the event any payment is not received by the department of off-
street parking within 90 days of the due date, the applicable certificate(s) of waiver
shall be revoked by the zoning administrator, and the property owner shall forfeit any
and all rights thereunder, and any amounts paid pursuant to the agreement, and shall
not be entitled to participate further in the installment payment program, unless its to
avail themselves of an alternate installment payment program that becomes available.
Notwithstanding the foregoing, the property owner shall remain responsible for
providing parking, or apply and pay for the necessary monthly parking space waivers
or make full payment.
b. Reserved.
Page 4
(5)
c. The rental fee in lieu of providing the supplemental off-street parking required for
restaurants shall be $600.00 per parking space, per year, to be paid on a monthly basis,
until a reduction of waiver certificate is obtained.
d. Supplemental off-street parking spaces may be purchased for a fee, as set forth in
subsections (3)a.1. or 2., as may be applicable.
e. All payments set forth in this subsection (3) shall be inflation -adjusted once at the end of
each five-year period, the first such adjustment commenced on January 1st, 2007,
reflecting the change from the prior year only, through the consumer price index -urban
consumers (CPI-U).
f. Payment of the fees set forth in subsections (3)a., b., and d., hereinabove shall
permanently exempt the respective property from the corresponding parking requirement
for such use as specified in the certificate of waiver.
(4) Security deposit; fees. At time of execution of the waiver application, except for those property
owners participating in the installment payment agreement for permanent certificate of waiver,
the property owner shall provide the department of off-street parking with a security deposit or
with a performance bond in an amount sufficient to secure three months' payments under the
waiver application. All documentation, including the form of the security deposit and the
performance bond shall be subject to the approval of the city attorney as to form and
correctness, and the performance bond shall be subject to the review and approval of the city's
risk manager. In the event the property owner fails to make payments for a total of three
consecutive months, the property owner shall forfeit any right and interest to the security deposit
or performance bond, whichever may be applicable. Upon such default, the department of off-
street parking shall retain the entire amount of the security deposit or performance bond.
Fees in subsections (1) through (3) shall be due and payable on the first of each month (i.e. due
date). Fees not received within 15 days of the due date shall be charged a late fee of five
percent of the amount due. Fees not received within 30 days of the due date shall be charged
interest at the rate of ten percent per annum calculated monthly on the unpaid balance,
including applicable late fees.
(Ord. No. 12851, § 2, 9-28-06; Ord. No. 13059, § 3, 3-12-09; Ord. No. 13185, § 2, 6-24-10)
Sec. 35-225. - Design District Parking Improvement Trust Fund —Established.
(a) There is hereby established a trust fund to be entitled the design district parking improvement trust
fund, ("trust fund") to be maintained and administered by the department of off-street parking
("DOSP") into which funds shall be deposited and from which funds shall be withdrawn pursuant to
sections 35-226 and 35-227 to facilitate parking purposes within the area including but not limited to
public off-street parking, infrastructure improvements and maintenance and marketing to serve the
area consisting of the zoning districts as depicted herein, in Exhibit A, and any abutting properties or
properties partly within the boundaries depicted in Exhibit A ("Design District") through means which
may include, but are not limited to the following activities:
(1) Acquire fee simple or other interest in land, and other real property for parking purposes;
(2) Construct, maintain, operate, lease, manage, or otherwise provide off-street parking facilities for
public use;
Provide public information to enhance parking utilization including publicity campaigns, graphics
and signage, and other informational devices;
(4) Coordinate plans for parking facility improvements or expansion in conjunction with public
transportation plans and operations in the vicinity, particularly, but not limited to, the joint
facilities that might be operated in connection with Metrorail and any feeder services existing or
developed in the future;
(3)
Page 5
(5)
Provide accessibility to off-street parking facilities by suitable means such as public shuttle, tram
or trolley service or related physical improvements such as bus shelters and right-of-way
modifications;
(6) Perform such other related activities as may be appropriate to carry out the intent of this article
including, but not limited to, infrastructure improvements in the public right-of-way, contributing
to maintenance of the public sidewalks within the business district defined herein, as well as
marketing.
(b) It is the intent of this article that at least 90 percent of the funds, as determined at the beginning of
each fiscal year, in the trust fund shall be utilized for subsections (a)(1)—(6). At least ten percent of
the funds must be maintained as reserves.
(c) Any such shuttle, tram or trolley service, as mentioned in subsection (a)(5), shall be subject to yearly
evaluation of the design district improvement committee.
(d) There is hereby created a design district improvement committee ("committee") that shall consist of
seven voting members and as many non -voting members, as may be necessary from time to time, at
the discretion of the chief executive officer ("CEO") of DOSP, appointed as follows:
(1) The CEO shall be a non -voting member.
(2) The District 5 commissioner shall appoint two voting members, who shall not require DOSP
Board confirmation.
The director of planning and zoning of the city, or his/her designee, shall be a voting member
who shall not require DOSP Board confirmation.
(4) Two voting members who shall be unassociated property owners of any assessed property
within the boundaries of the design district, who shall be subject to DOSP Board confirmation
and shall serve two-year terms.
Two voting members who shall represent unassociated retail and/or restaurant/bar
establishments within the boundaries of the design district, who shall be subject to DOSP Board
confirmation and shall serve three-year terms.
At the discretion of the CEO, the CEO shall appoint non -voting members as may be necessary
from time to time, who shall not require DOSP Board confirmation.
Nomination of initial members. The CEO shall appoint a committee nominating commission to
solicit and screen applications, interview candidates, and submit nominations to the CEO for
appointment to the initial committee.
(8) Subsequent nominations and vacancies. A selection committee, chosen by the remaining
committee members, shall be formed and shall make nominations for filling these seats upon
expiration of a term or in the event of any vacancy, and the DOSP Board shall confirm the
nominees.
(3)
(5)
(6)
(7)
(9)
Quorum. Quorum shall consist of the presence of four voting members.
(Ord. No. 12851, § 2, 9-28-06; Ord. No. 13455, § 2, 5-22-14)
Note— Exhibit "A" as referenced in this section is not set out at length herein, but is on file in
the offices of the city.
Sec. 35-226. - Same —Funds made available; financial report.
(a) Funds deposited in the trust fund shall be made available to DOSP for the purposes set forth in
section 35-225 and for administrative expenses after review and recommendation by the committee
to DOSP and approval by the DOSP Board following receipt and consideration of the committee's
Page 6
(f)
(g)
recommendation. DOSP shall submit annual financial reports to the city commission on an annual
basis.
(b) A financial report on trust fund receipts and expenditures shall be prepared annually at the close of
the fiscal year by the off-street parking department and presented to the committee for its review and
approval prior to filing with the city clerk.
(Ord. No. 12851, § 2, 9-28-06; Ord. No. 13455, § 2, 5-22-14)
Sec. 35-227. - Revocation of parking waivers.
(a) Certificate of waiver holders as of February 23, 2014, participating in the installment payment
program option must (i) procure a building permit process number on or before November 22, 2014
and subsequently obtain a building permit for construction within one year of procuring the process
number or (ii) pay the balance on the installment agreement on or before November 22, 2015 and
obtain a building permit within three years of paying the outstanding balance. Failure to procure a
building permit process number, a building permit, or pay the balance on the installment agreement
as specified in this subsection shall render the certificate of waiver null and void. If a certificate of
waiver is rendered null and void, a credit will be given for any payments made minus any
administrative costs incurred by the city and/or DOSP.
(b) Certificate of waiver holders participating in the trust fund after May 22, 2014, participating in the
installment payment program option must procure a building permit for construction within one year
from the date of issuance of the certificate of waiver. Failure to procure a building permit within one
year from the date of issuance of the certificate of waiver under the installment payment program
option shall render the certificate of waiver null and void.
(c) Certificate of waiver holders as of February 23, 2014, who paid in full and received a permanent
certificate of waiver are vested and not subject to revocation of the permanent certificate of waiver.
However, any change to plans on file with the planning department which requires additional
certificates of waiver for a project will be purchased at the current rate and according to current
provisions established after May 22, 2014 as further clarified herein.
(d) Certificate of waiver holders participating in the trust fund after May 22, 2014, who paid in full and
received a permanent certificate of waiver must procure a building permit for construction no later
than one year from the date of issuance of the permanent certificate of waiver. Failure to procure a
building permit within one year from the date of issuance of the permanent certificate of waiver shall
render the permanent certificate of waiver null and void and all payments shall be held as a credit for
a future project as described in subsection (g) below. Such credit shall not be transferrable to
another owner of real property within the design district or any subsequent buyer of the subject
property and as further clarified in subsection 35-228(2)(b).
(e) Changes in plans. Any substantial changes in plans on file with the planning department shall result
in a review of the existing certificate of waiver. If a certificate of waiver is to be modified due to an
increase in parking requirements, the additional certificates of waiver shall be purchased at the rate
in existence at the time of the substantial modification. A substantial modification includes, but is not
limited to, (i) a change in the footprint of a building by more than ten feet in any horizontal direction,
(ii) an increase in building height by more than five feet or five percent of the height of the building,
whichever is greater; or (iii) a change in the proposed use.
Building permit. Any building permit procured as specified in this section must remain active at all
times. If a building permit becomes inactive or is otherwise abandoned, a revocation of the certificate
of waiver shall be initiated as described in subsection (g) below. Any appeal of a building permit or
similar development permit shall toll the time period specified in this section until a final decision is
rendered on the appeal.
Revocation process. Upon notice that the parking waiver certificate holder has not complied with the
above requirements, the zoning administrator shall revoke the parking certificate waiver and
Page 7
certificate of use. The certificate of waiver holder and certificate of use holder shall be notified of the
revocation by posting of the notice at the property, hand delivering of the notice, or mailing of the
notice. A parking waiver certificate holder or certificate of use holder may challenge the revocation by
requesting a hearing through the office of hearing boards within ten days of the revocation. If a
parking waiver certificate is being revoked for timeliness issues, the parking waiver certificate holder
may present evidence to the planning, zoning and appeals board ("PZAB") of considerable delay due
to the fault of the city, other governmental entity, or an act of God. If the PZAB so determines, the
zoning administrator shall immediately reinstate any revoked certificates. If the PZAB approves the
revocation of a certificate of waiver, the certificate of waiver holder shall receive credit for the future
purchase of a certificate of waiver, minus three percent of monies paid, to represent an
administrative fee. This amount will be in addition to the 50 percent non-refundable deposit
referenced below and any filing fees. In the event of a revocation, DOSP shall record an instrument
revoking rights to the permanent certificate of waiver.
(Ord. No. 13455, § 2, 5-22-14)
Sec. 35-228. - Same —Schedule of fees and charges.
The schedule of fees and charges to be assessed and paid into the trust fund is as follows:
(1) Fee in lieu of providing required off-street parking for sidewalk cafes: in addition to the $20.00
per square foot permit fee required by the public works department, as specified in section 54-
223, there shall be paid an additional fee as set forth in subsections (2)c. and (2)e., in lieu of
providing required off-street parking, said funds shall be paid monthly into the design district
improvement trust fund.
(2) Fee in lieu of providing required off-street parking for the Design District shall be as follows:
a. A purchase price of $45,000.00 shall apply per parking space waiver (the "purchase
price.") The purchase price shall be inflation adjusted once at the end of each five-year
period. The first such adjustment shall occur on January 1, 2019, reflecting the change
from the prior year only, using the consumer price index urban consumers (CPI-U).
b. Payment of the purchase price shall be made at the time of application for a permanent
certificate of waiver. Upon receipt of the full purchase price, the city shall issue a
"permanent certificate of waiver," recorded at the property owner's expense in the public
records of Miami -Dade County, Florida, to the property owner. A permanent certificate of
waiver issued prior to February 23, 2014, shall run with the land, and may be leased to
another owner of real property within the design district. A certificate of waiver issued prior
to February 23, 2014, under an installment program shall run with the land, and may be
leased to another owner of real property within the design district, unless revoked as set
forth above. A certificate of waiver, either permanent or obtained through the installment
program issued after May 22, 2014, shall not run with the land and may not be leased. No
certificate of waiver issued after May 22, 2014, shall vest unless the permanent certificate
of waiver is paid in full and the owner procures a building permit for construction no later
than one year from the date of issuance of the permanent certificate of waiver.
c. Installment payment program. A non-refundable 50 percent deposit along with a $500.00
application fee shall be paid to DOSP upon filing the request for the installment payment
program. The purchase price, minus the 50 percent deposit, shall then be paid in
installments over a self -amortizing period of five years, with a balloon payment after three
years from date of execution of an installment payment agreement for permanent
certificate of waiver (the "agreement"), with interest at one percent below the bank prime
rate. Each installment shall be referred to as a "payment." Bank prime rate shall refer to the
rate set by the banking institution used by the department of off-street parking (the
"department"). Payments shall be due and payable on the 1st of each month (the "due
date"). The property owner shall pay a late fee of five percent of each payment which is not
Page 8
(3)
received within 15 days of the due date. Payments not made within 30 days after the due
date shall be charged interest at the rate of ten percent per annum calculated monthly on
the unpaid balance, including applicable late fees. If any payment is returned because of
insufficient or uncollected funds in addition to any other fee or charge due, the property
owner shall be liable for a returned check charge in the amount of five percent of the
amount of the check; in such event, DOSP may require that all future payments be made
by cashier's check. In the event any returned payment is not repaid and received by DOSP
within 90 days of the due date, the applicable certificate(s) of waiver shall be revoked by
the zoning administrator, and the property owner shall forfeit any and all rights thereunder,
and any amounts paid pursuant to the agreement, and shall not be entitled to participate
further in the installment payment program, unless its to avail themselves of an alternate
installment payment program that becomes available. Notwithstanding the foregoing, the
property owner shall remain responsible for providing parking as required by the Miami 21
Code, or apply and pay for the necessary monthly parking space waivers or make full
payment.
d. Supplemental off-street parking spaces may be purchased for a fee, as set forth in
subsection (3)a.1., as may be applicable.
e. All payments set forth in this subsection (2) shall be inflation -adjusted once at the end of
each five-year period, the first such adjustment shall commence on January 1, 2019,
reflecting the change from the prior year only, through the consumer price index -urban
consumers (CPI-U).
Upon enactment of a city ordinance pursuant to F.S. § 166.271, authorizing the collection and
disbursement of parking surcharge fees for infrastructure and other purposes defined therein,
the trust fund would receive the same percentage as derived from parking surcharge revenues
from the design district. Said distributions would be retained in a separate account to be used
exclusively for the purposes set forth in the ordinance governing the use of parking surcharge
funds.
(4) Fees generated by the use of design district sidewalks for sidewalk cafes for the purpose of
contributing to the maintenance of the public sidewalks and infrastructure within those sidewalks
in the business district as defined herein.
(5)
Such other fees as may from time to time be authorized by the city commission.
(Ord. No. 12851, § 2, 9-28-06; Ord. No. 13455, § 2, 5-22-14)
Editor's note— Ord. No. 13455, § 2, adopted May 22, 2014, redesignated the former section 35-
227 as section 35-228. The historical notation has been preserved for reference purposes.
Secs. 35-229-35-250. - Reserved.
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