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HomeMy WebLinkAboutOrdinance 13482-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. STATE OF FLORIDA COUNTY OF MIAMI-DADE ) CITY OF MIAMI I, TODD B. HANNON, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 136, inclusive, constitute a true and correct copy of the complete file For Ordinance No. 13482, which includes exhibits and supporting backup documents and was passed and adopted by the City of Miami Commission on the 29`11 day of September, 2014. IN WITNESS WHEREOF, I have hereunto set my hands and impress the Official Seal of the City of Miami, Florida, this l2`1' day of April, 20 ( 7. TODD B. HANNON City Clerk -1 mi, Florida By Deputy Clerk 7 r, V U1 « rn.Y.A. (OFFICIAL SEAL) Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) z,ob o \ 0,\\ a \b'L- �Ui� THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Legislation Ordinance: 13482 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov com File `umber: 13-01259zc Final Action Date: 9/29/2014 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S). AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 AND 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71 ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on April 30, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-034 by a vote of ten to zero (10-0), item no. 9, recommending APPROVAL of the Zoning Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from "T3-L" to "T4-L", for the property located at approximately 7100 and 7120 Biscayne Boulevard and 565 Northeast 71 st Street, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} City of Miami Page 1 of 2 File Id: 13-012597c (Version: 2) Printed On: 10/14/2014 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. File Number 13-01259zc Enactment Number: 1; 82 Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 13-012597c I1'ersion: 2i Printed On: 10/14i2014 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Master Report Enactment Number: 13482 try Hail 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01259/c Version: 2 File Type: Ordinance Reference: Controlling Body: Otlice oldie City - Clerk File Name: Rezoning - 7100 & 7120 Bisc Blvd, 565 NE 71 St Introduced: 1, 21 2014 Requester: Cost: Final Action: 9'29.2014 Status: Passed Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACH\IENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 AND 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71ST STREET. MIAMI, FLORIDA: MAKING FINDINGS: CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 13-01259/c PZAB 03-05-14 Fact Sheet.pd1113-01259ic PZAB 04-02-14 Supporting Docs.pdt113-01259/c PZAB 04-30-14 Supporting Docs.pdf 13-01259zc 06-26-14 FR Fact Sheet.pd1.1 3-01259/c FR Fact Shcet.pd1,13-01259zc SR Fact Sheet.pdf,13-01259zc Analysis. Maps & PZAB Reso.pdf.13-01259zc Application & Supporting Docs.pdf113-01259ze Legislation (v2), I3-01259zc Exhibit, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: Planning, /oiling and 3;5-'-4)14 CONTINUED Appeals Board Planning, toning and 4 30; 2014 Recommended Appeals lloard Approval office of the City 6.24,2014 Reviewed and Attorney Approved City Commission 6,26.2014 CONTINUED City Commission 7 24 2014 PASSED ON FIRST READING; City Commission 9'29/2014 ADOPTED Office of the Mayor 10;6,2014 Signed by the Mayor Office of the City Clerk Office of the City Clerk 10.6/2014 Signed and Attested by City Clerk Pass Pass Pass Pass Pass City :14tanv R-Ige l Prrnrednrt 10.I4.'4)1J Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. PZAB . 9 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 13-01259zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100, 7120 AND 7126 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 7100, 7120 and 7126 Biscayne Boulevard [Commissioner Keon Hardemon - District 5] Gilberto Pastoriza, Esquire, on behalf of 7100 Biscayne, LLC, 7120 Biscayne, LLC and 7126 Biscayne, LLC 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables, FL 33134 (305) 854-0800 This will change the above properties from "T3-L" to "T4-L". Item includes a covenant. Recommended continuance. See supporting documentation. March 5, 2014 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Fite ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. PZAB . 9 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 13-01259zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION. WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO, 13114. AS AMENDED. BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 & 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71ST STREET. MIAMI, FLORIDA; MAKING FINDINGS. CONTAINING A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 7100 & 7120 Biscayne Boulevard and 565 NE 71st Street [Commissioner Keon Hardemon - District 5] Gilberto Pastoriza. Esquire, on behalf of 7100 Biscayne, LLC. 7120 Biscayne, LLC and 7126 Biscayne, LLC 2525 Ponce De Leon Boulevard Suite 700 Coral Gables, FL 33134 (305) 854-0800 This will change the above properties from "T3-L" to "T4-L". Item includes a covenant. Approval. See supporting documentation. Planning, Zoning and Appeals Board: Continued on March 5. 2014. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Planning and Zoning Department Division of Land Development File ID#:13-01259zc ANALYSIS FOR ZONING CHANGE Request:Change the zoning classification of the property described herein Location: Approximately 7100 and 7120 Biscayne Blvd, and 565 NE 71 Street. Net District: Upper East Side NET Folio #: 01-3207-040-2710, 01-3207-040-2701, and 01-3207-040-2690. For detailed legal description see exhibit "A" Total square footage: 10,650 sq.ft = 0.244 ± acre ZONING DESIGNATION: Folio # 01-3207-040-2710 01-3207-040-2701 3 01-3207-040-2690 Current Zoning Designation T5-0 (Urban Center Transect Zone -Open) T5-O (Urban Center Transect Zone -Open) T3-L (Sub -Urban Transect Zone - Limited) T3-L (Sub -Urban Transect Zone - Limited} LAND USE CLASSIFICATION: Proposed Zoning Designation T5-O (Urban Center Transect Zone -Open) T5-0 (Urban Center Transect Zone -Open) T4-L (General Urban Transect Zone - Limited) T4-L (General Urban Transect Zone - Limited) Is the proposed zoning designation compatible with the MCNP-FLUM: ❑ Yes Z No URBAN DESIGN FINDINGS AND COMMENTS: 1. The proposed rezoning of the subject properties complies with the technical requirements of Miami 21 Code in regard to successional zoning, and frontage length on one street. 2.- The applicant intent is to rezone in order to legalize a current surface parking lot and continue to operate it serving the lots to the east, in the same matter it has been operating for the past several years, through a covenant. 3.- The above mentioned covenant also proposes to limit the rezoned property to all uses permitted under T3 and only surface parking under the T4-L, Page 1 of 2 “.Z Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Planning and Zoning Department Division of Land Development File ID#:13-01259zc 4.- The proposed zoning classification will be consistent with the current surface parking use. Based on the above findings, the Planning and Zoning Department recommends Approval of the application as presented. SG 3/21/2014 Page 2 of 2 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) ® THIS DOCUMENT IS A SUBSTITUTION T ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Analysis for ZONING CHANGE File ID: 13-01259zc Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ ® ❑ b) The proposed change is in harmony with the established land use pattern. ® ❑ ❑ c) The proposed change is related to adjacent and nearby districts. ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ❑ ® ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc, ❑ ❑ ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ® 0 ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ® ❑ ❑ h) The proposed change positively influences living conditions in the neighborhood. Q ❑ ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ® ❑ ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. • ❑ ❑ k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. • ❑ ❑ I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. • ❑ ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ® ❑ ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ® ❑ ❑ o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. • ❑ ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. MIAMI 21 MAP (EXISTING) NE 73RD ST 1 1 NE 72ND ST T3-L T5-O T4-R t— w NE 72ND TER T3-Ri 1 NE 72ND TER NE 72NDST PamGroVe NE 71ST ST T5-O _MiMc NE 70TH ST NE 69TH ST T5-L NE 68TH ST f 1 SCAYNE BLVD NE 72ND ST T3-L NE 71ST ST 8ayside L. NE 70TH ST_ NE 69TH ST M BRT1a CT 0 150 300 600 Feet I t I 1 1 1 ADDRESS: 7100, 7120 & 7126 BISCAYNE BLVD 565 NE 71 ST Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. MIAMI 21 MAP (PROPOSED) w t— w Z NE 73RD ST NE 72ND S(T T3- ( F T4-Lr NE 71ST ST �.. Palm Grove NE 70TH ST E 69TH ST TS-Q 1- F• CD w` z; 1 T4-R NE 72ND TER T3 i R NE 72ND TER NE 72ND ST NE 72ND ST MiMo T5-L NE 68TH S T3IL NE 71ST ST Bayside NE 70TH ST NE 69TH ST 61F'AAT61 CT 0 150 300 600 Feet ADDRESS: 7100, 7120 & 7126 BISCAYNE BLVD 565 NE 71 ST Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) 0 1 150 300 600 Feet I THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ADDRESS: 7100, 7120 & 7126 BISCAYNE BLVD 565 NE 71 ST Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) MITCHELL SIERMAN. R.A. NiNA L. 9Ct0ISf(E, P.A. MITCHELL J. BURNS-EIN,',A, JAMIE ALAN COLE, P.A. ST=PNEN J. HELFMAN, P.T. OIIDERTO PASTOR:2A, P.A. MICHASL S. POPOK. ?.A. JCEEPH H. SEROTA, P.A. SUSAN L. TREVA.RTI-+EN, F.A. R'CHAR^ JAY WE,55. P.A. DAVis M. WOLPqN,Y.A.. DANIE:. L. A33CTi LILL:AN M. ARANGO GARY L. 3R0W7.1 .iONATHAN M. COHEN i0NACIO G. 0EL JF='-FEY O. DSCAgLO ALAN K. FERTEL CHAD 3. F?IEOht.AN ALAN L. GAsRIEi. COLGLAS R. GON7A_ES E OwARD G. SUEDES J06EPH HERI,ANDE.Z R06ER S. KOBF_RT JCSHJA D. KRUT MATTIlEV: H. MA`:DEL Jc.N J. WICK ANTHONY I.. 11?ECi0 &RE7T J. SCHNE;DER CLIFFCRD A. SCHUL:MMAN MARC SOLCMO•: K, WEND'_"-_ JA.MES S. WHi 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. \ALEISS SEAOTA HEL.F1\1 A.N PASTORIZ.A COLE & BO ISETE, P.L. ATTORNEYS AT 4 PRCFES_SiONAL LIMITED L:ASIL.TY COMPANY NCLUO:NG FRCFESSIO`fAL ASSOCIATIONS MI.AMI-OAC_ CFF:CE 25,75 PC:vCE CE LEON BOULEVARD SUITE 700 CO'nAL GABLES, F:05IDA 3.5134 TELEPHONE 303-S34-0900 FACSIMILE' 305-954-2323 WW4W,WS1A-L AV/.=0i4 BROWARD OP'fCE 2 L`.7 CAST SR0 AR0 SOU'_EVARD • SWTE I300 FOR` LAIJD3RDA_., F_ORi0A 3330 .._4Phu Ns. 954-7,53-43.4.5 • =a: sl!.ItLE 95,4.7:S4,7770 ViA F:I,FCT'RON[C ti1AUI, & U.S. ,MAIL. Mr, Francisco Garcia Director Department of Planning Zoning City of Miami 441 SW 2" Avenue, 3`:' Floor Miami. FL 33130 'CF CCUN'JE_ March 17, 201 SONJA C. DARSY SROOKE P. CCLARA 111A0UEL SL_JAvA;3 ETA' DANIEL A. E_P!NO ERIC P. HO•CKMAN K-c.LY PAINS JES.SON KAREN LiE323MAN' JUSTIN D. LL'GER JOHANNA tii. L'UNDGREN M7A R. MAPTtN ALEIDA M.ARTINEZ MCL1NA• KATHRYN M. hfE=:A;FTEY RO3ERT A. MEYER3• MATTI-4SW PEARL `AARC C. PUGI. ESE. CARLOS M. ROORIGUE.' GAIL D. SERCTA' ALISON F. Sti1;TH' ANTI -CONY C. SOROKA Eat,ARDO tit. Sc-0 PA5`_0 A. TAMAY0 JOANNA O. THOMSON PETER D. 'J/ALCMANI. ALICIA H. WELCH SARI'JFL I. ?ETK,NO Re: Applicatiqn.s 1.3-012591u and 13-01259ze; 7100 Biscayne Blvd. L,T:t (the "Applications" I)e_u 14r. Garcia: Our firm rt.pre,set':ts the owner of the properties hjted ou the Applications. The purpose of this later is to withdraw one of the properties from the Applications, to-wi: 7126 Biscayne Blvd., Miami, Florida. The legal description and _olio number is attached to this letter as Exhibit "A". We have also enclosed a copy of the revised Declaration of Restrictive Covenant in Lica of Unity of Title deleting the 7126 Biscayne Blvd. property. 'Ike balance of the Applications remains the same anc we took fonvard to your favorable recommendations for the April 2, 2014 hearing. m 0 A9 0 0 N cc co N CO a) 0 19 O 0o N a.) L at E s 0 m a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Mr, Francisco Garcia March 17, 2014 Page 2 Thank you for your cooperation in this mar.er. Should you have any questions, please do not hesitate to contact me. Gilberto Pastoriza CI P/rns Attachments 2688001 cc: Todd Leord Anel Rodriguez. via email. Edelberto R.-yez, via email Harold Ruck, via email AA/Eiss SEROTA HELF1.4A_N- P.A.STORIZA. COI & BONTSME, 53 r- c mE 0 N . . CO CNC CO CI) C.) c CO CNC CI) CI) .0 C.) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Portion of Folio: 01-3207-040-2510 m Address: 7126 Biscayne Blvd, Owner: 7126 Biscayne LLC. Legal Description: The South 45 feet of Lot 4, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami- o Dade County, Florida. Containing approximately 2,250 Square Feet, more or Tess. 0 et o M N N CO Co) 0 0 t0 0 co M 0 N 0 iZ i-% 0 E C,1 R THIS DOCUMENT 1S A SUBSTITUTION TC ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. MITCHELL BF-RMAN, PA. NINA L. BON SKE, A. MITCHELL J BUPNSTEIN. PA. JAMIE ALAN COLE. PA. STEPHEN J. HELFMAN. PA GILBER-O PASTORIZA, PA. MUCHAEL S POPOK. P.A. JOSEPH H. SEROTA, P.A. SUSAN L TREVARTHEN, P.A. RICHARD. JAY WEISS, P-A. DAV'D M. WCLPIN, P.A. DANIEL L, ABBOTT LILLIAN M. ARANGO GARY L. BROWN JCNATHAN M. COHEN IGNA CIO G. DEL VALLE JEf FREY D. DECARLO ALAN K. FERTEL CHAR S. FRIEDMAN A.AN L. GABR EL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ ROGER S. KOBERT JOSHUA D. KRUT MATTHEW H MANOkL.. JOHN J CUICK ANTHONY L. RECIO BRETT J. SCHNE DER CLIFFORD A. SCHULMAN MARL SOLOMON LAURA K. WENDE:.L JAMES E. WHITE \\ EISS SEHOTA HELFMAN PASTORIZA COLE & I3ONISKE, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED L AB.LITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSIMILE 305-854-2323 WWW.WSH-LAW. COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDEROA_E, FLOR'DA 33301 TELEPHONE 954-763-4242 • 'A_S+MILE 954-764-7770 \Ir. Francisco Garcia Director Department of .Planning & Zoning City of Miami 444 SW 2na Avenue, 3th Floor -tiamL FL 33130 •OF COUNSE_ January 14, 2014 Re: Amendment to the Miami Comprehensive Neighborhood Plan (the "Plan") and a change in Transect Zone (the "Rezoning") Dear Mr. Garcia: SONJA C. DARBY BROOKE P DOLARA RADIAL ELEJABARRIETA• DANIEL 4. ESPINO ER1C P HOCKMAN KELLY RAINS JESSON KAREN LEBERMAN• JUSTIN D. LUGER JOHANNA M. LUNDGREN MtA R. MART N ALEIDA MARTINEZ MOLINA• KATHRYN M MEHAFFEY ROBERT A. METERS• MATTHEW PEARL MARC C. PUGLIESE• CARLOS M. RODRIGUEZ• GAIL D. SEROTA- ALISON F. SM'TH• ANTHONYC SOROKA EDUARDO M. SOTO PABLO A. TAMAYO JOANNA G. THOMSON PETER D. WALDMAN• ALICIA H. WELCH SAMUE.. I. ZESKIND Our firm represents 7100 Biscayne LLC ("7100 Biscayne"). 7120 Biscayne LL.0 ("7120 Biscayne-) and 7126 Biscayne LLC ("7126 Biscayne'"). 7100 Biscayne is the owner of the property legally described in the attached Exhibit "A- (the '-Overall 7100 Property"). 7120 Riscavnc is the owner of the property legally described in Exhibit "A: (the "Overall 7120 Property"). 7126 Biscayne is the owner of the property legally described in Exhibit "A" (the Overall 7126 Property"). The Overall 7100 Property, Overall 7120 Property: and the Overall 7126 Property" shall be collectively referred to as the "Overall Properties". l'he Overall Properties lie on the west side of Biscayne Boulevard. north of 71 Street. The Overall Properties have dual land use designations and dual transcct zones. The portions of the Overall Properties fronting Biscayne Boulevard are designated Restricted Commercial in the Plan and have a Transect Zone of T5-0. The rear portion of the Overall Properties are designated Duplex -Residential in the Plan and have a Transect Zone of T3-L. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Mr. Francisco Garcia January 14.201=4 Page 12 The owners wish to amend the Plan and Rezone the properties. The amendment to the Plan will be from Duplex Residential to Low Density Restrictive Commercial and rezone from T 3-1. to T4-i.. The legal description for the properties to be rezoned is attached as Exhibit '`B" (the -Properties") The proposed Plan Amendment and Rezoning will allow for a more efficient and feasible use of the Overall Properties with parking and accessory functions occurring on the Properties better serving the portion of the Overall Properties fronting Biscayne Boulevard. Also. please note that the proposed request wills serve as a gradual transition from the Biscayne Boulevard T5-corridor to the residential neighborhood to the west. This transition will he totally contained within the Overall Properties. Miami 21 Section 7.1.2.8 c2 (g) analysis. The City has designated the area where the :iroperties are to be located as the Nlianni Modern (MIy10) Biscayne Boulevard historic district (the "District"). 'hhe property owners in the area are trying to bring hack the old classic character on the District with new construction, and/or remodeling existing structures. The T3 properties in question immediately abut the rear of the T5 properties abutting Biscayne Boulevard. The depth of these Biscayne Boulevard properties is not sufficient to effectively provide parking and/or amenities necessary to resurrect the M1v10 district. The T3 properties would serve that purpose but unfortunately. parking and/or the necessary amenities are not permitted. therefore, keeping the T13 transect zone thwarts the intentions of the creation of the MDv1O district. Rezoning these properties to T4 ‘vi11 accommodate the parking and necessary amenities promoting the spirit of the vt1M0 district. .Additionally, the gradual transition from T5 along to Boulevard properties to the T3 on the west is best accomplish by the T4 rezoning which occur on properties in between these two districts on properties owned by the applicant which now have 1'5 and T3 zones. 'fese applications comply with the successional zoning requirements of Section 7.1.2.8 c of Miami 21. The requirements of Miami 21 Section 7.1.2.8 c are also complied with by the inclusion of the proffered Unity of Title and Declaration of Restrictive Covenants in Lieu of [nit); of Title. WEISS SEROTA HE -IX -MAN PASTORIZA C,OI.E & BONISKE, P.L. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Mr. Francisco Garcia January 1 4, 2014 Pace '3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. We look lin-‘ard to your favorable revie.‘‘ of these applications. Please do not hesitate to contact the undersigned if you ha‘ e any questions or require additional inti)rmation. GP/tris A traehments 268800 Gilberto Pastoriza WEISS SEROTA IIELFMAN- PASTORIZA COLE & BONISKE, 1:171 a) 0 cr) c N a) CC . . co cs.) cs.) co 0 0 co Cl c a) ;.; cu VA. Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. �Y- i THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 715T STREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2510 Address: 7126 Biscayne Blvd. Owner: 7126 Biscayne LLC. LEGAL DESCRIPTION: LOT 3, IN BLOCK 20, AND THE SOUTH 50 FEET OF LOT 4, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND A NON-EXCLUSIVE RIGHT OF EASEMENT FOR INGRESS AND EGRESS FROM N.E. 72ND STREET TO THE SAID LOT 3, OVER AND UPON THE EAST 10 FEET OF THE WEST 15 FEET OF LOTS 1 AND 2, IN BLOCK 20, OF FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. > 00 y 0 0 0 ti co .E 0 N CO 0 N N CO O 0o 0 N d E t A THIS DOCUMENT SUBSTITUTION TO ORIGINAL. BACKUPORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. AND LESS THE SOUTH 5 FEET OF THE NORTH 100 FEET OF LOT 4, IN BLOCK 20, FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AS RECORDED IN ORB 22697 PG 534. CONTAINING APPROXIMATELY 9,753 SQUARE FEET, MORE OR LESS. 8 THIS DOCUMENT IS A SUBSTITUTION T( ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Honda. Containing approximately 7,650 Square Feet, more or Tess. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description. The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or less. Portion of Folio: 01-3207-040-2510 Address: 7126 Biscayne Blvd. Owner 7126 Biscayne LLC. Legal Description: The South 45 feet of Lot 4, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 2,250 Square Feet, more or less. �GJ REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. Applicant(s): 7100 Biscayne LLC, and 7120 Biscayne LLC, 2. Subject property address(es) and folio number(s): See attached Exhibit "A' Present zoning designation(s): T3-L Proposed zoning designation(s): T4-L 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. See Letter of Intent One (1) original, two (2) 11x17" copies and one (1) 8'Ax11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 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? 10,650 sq. ft./.24 acres Rev. 07-2C13 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 18. What is the purpose of this application/nature of proposed use? Provide a self contained buffer between the Biscayne Boulevard frontage and the residential properties to the west.'= J, 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. Mimo District 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: Li Planning. Zoning and Appeals Board 30 minutes and/or 1 City Commission 30 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS. T3-R, T3-L, T3-O, T4-R, T4-L. T4-O, T5-R, T5-L, T5-O, T6-R, T6-L. CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) $ .50 $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, 01, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD' Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package -Mailing fee per package 'Fees over p5.Q0O;Q0,-sheif•be-,jail 1n?„arrr f a certified check, cashier's check, or money order. Signature Address 2525 Ponce de Leon Blvd., #700 Name Gilberto Pastcriza Coral Gables. FL 33134 Telephone (305)854-0800 $ 1.500.00 $ 150.00 $ 4.50 $ 6.00 E-mail gpastorizaCawsh-law.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this + day of V1ACt.` C--- 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC. and 7120 Biscayne LLC. a Florida limited liability company. He/She is personally.,Isiaown-io me or who has produced as identification and who dj (did not) take ar),eath. t' (Stamp) Signature .VTR MARILYN SCMOren UY COMiAISS;CN 4 cE ?'w� •.� EX°H E Eo-dta u gLCgdt Ncary Rev. C' '0l k 4 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 715` St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately 7,650 Square Feet, more or less. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or less. REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza who being by me first deposes and says: 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. That all owners who he/she represents, if any, have given hisiher 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. 1] including or 0 not including responses to day to day staff inquires. 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. Gilberto Pastoriza Applicant(s) Name r' Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ff \ The foregoing was acknowledged before me this t (7 day of W1 L' `r •"s 1. 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC. and 7120 Biscayne LLC. a Florida limited liability company. HelShLs_pf_agagyJinavin to me or who has produced as identification and who did (did r,pt) take an oath. (..,./1/14 (Stamp) Signature MARILYN SCMi;i}esiL A . * MY COMMISSION t :E 111432 ES?!RE3: Seplarber 13, 2C15 9cNithr: Budget Rawl' SorifNik Rev. 07-2' :3 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7100 BISCAYNE LLC. a Florida limited Liability- company (the "Company--). that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on at the offices of the Company. RESOLVED that the Company consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7126 Biscayne Blvd., Miami, Florida, (the "Applications-): and the filing of alI necessary documents, necessary to the tiling, including Unity- of Title and Declaration of Restrictive Covenants in Lie of Unity of Title; and be it FL;RTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf -of the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of \Feiss Scrota Hellman Pastoriza et al, are authorized, directed and empowered to execute any and all applications. peti_ions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects lei=a1, and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this I'Mday of , 2014. 7100 BISCAYNE LLC, a Florida limited liability c9rnpany 9 Todd Leoni. Manager STATE OF FLORIDA COUNTY OF MIANII-DADS 1 HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni, as Manager of 7100 Biscayne LLC. a Florida limited liability- company to he well kno' n to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this day of ` -4". A.D., 2014, •MARILYN 5C AOCEVILLA ter '✓ C EXPIRES: Sep?em;r 13, 2015 ,, Bo,aei??v+u 34at %Wry :Kraut SIGNAATURE, ()F PERSO v TAKING AKNOWLEDGEMLN,T (stamp) Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFIED COMPANY RF:SOLCJTION The undersigned hereby certifies that he is the manarrer of 7120 BISCAYNE LLC, a Florida limited liability company (the "Company"), that the following is a true and correct copy of the resolutions adopted b} the manager at a meeting held on 1`1\?-Ci( Lt. at the offices of the Company. RESOLVED that the Company consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property Iocated at 7120 Biscayne Blvd., Miami, Florida. (the "Applications"): and the filing of all necessary documents, necessary to the filing, including Unity of Title and Declaration of Restrictive Covenants in Lie of t_-nity of Title. and be it FURTHER RESOLVED that Mr, Todd Leoni is authorized to execute any and all documents or behalf of the Company. FURTHER TIER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of Weiss Serota Hellman Pastoriza et al, arc authorized, directed and empowered to execute any and all applications. petitions, and other documents necessary to e0 ctuate the Applications. The adoption of said resolution was in all aspects legal: and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this d day of STATE OF FLORIDA COI iNTY OF MIAMI-DADS ) ,2014. 7120 BISCAYNE LLC, a Florida limited liability company Todd Leoni, Manager I ITER tBY certify that on this day before me. a Notary Public duty authorized in the state and county named above to take acknowledgement. personally appeared Todd Leoni. as Manager of 7120 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and vk,ho executed the foregoing instrument and acknowledeed to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this day CTh _�5 .n..4 _.7 A.D., 2014. jy ` A ` 4 t " SOlt a!,„ SIGN' It RE OF PF'ZS0\ Ts\KI\G .\KNOW D(:iiL:lVYN' (sE)LA Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) 514;43; •,arj Sewer THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFIEI) COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7126 BISCAYNE LLC', a Florida limited liability company (the "Company"). that the following is a true and correct copy of the resolutions adopted by the manager at a.. meetingheld on .e� ( iI t . at the offices of the Company. RESOLVED that the Company consents to and joins in the filing., with the Cite of applications to change the zoning and comprehensive plan designation for the property located at 7126 Biscayne Blvd., Miami, Florida, (the "Applications"); and the filing of all necessary documents. necessary to the tiling. including; Unity of Title and Declaration of Restrictive Covenants in Lie of Unity of Title; and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf of the Company. FURTI-IER RESOLVED that Gilberto Pastoriza. Esq. and the law firm of Weiss Scrota l-Ielfran Pastoriza et al, are authorized, directed and empowered to execute any and all applications. petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal: and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this tday of -3.`+ STATE OF FLORIDA COUNTY OF MLAMI-DADE , 2014, 7126 BISC'AYNE LLC, a Florida limited liability company r Todd Leoni.1anaheer I HEREBY certify that on this day before me. a Notary Public duly authorized in the state and county named above to take acknowled<gement, personally appeared Todd Leoni. as Manager of 7126 Biscayne LLC, a Florida limited liability company- to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WLTNESS my hand and official seal this l'—""s) day of A, D., 2014. SIGNATURE OF PERON TAKPNG AKNOWI.EDGEMENT (stamp) P pt 2 3cYie��T fi• r Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza , 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. 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, El including or ❑ not including responses to day to day staff inquires. 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. That the facts, as represented in the application and documents submitted in conjunction with this affidavit. are true and correct. Further Affiant sayeth not Gilberto Pastoriza Applicant(s) Name ,,,,,'`Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of-`-'""''---" 2014, by Gilberto Pastoriza who is a(n) individual/partnerfagenticorporation of 7100 Biscayne LLC. 7120 Biscayne LLC, and 7126 Biscayne LLC , a Florida limited liability company. He/She is personally known to me or who has produced as identification and who did (did not) tak an oath -- (Stamp) Signature ` •Y PO, ec MARILYN SOMODE'/iLLA MY CCMMIS5'ON a EE 116 2 E/:?:RES: S2p'amb& 11;, 2015 Eriej Strikes Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Kee 07 21i? REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation. request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) 7100 Biscayne LLC. and 7120 Biscayne LLC are all owned by Todd Leoni Percentage of Ownership 100% Subject Property Address(es) See attached Exhibit "A' 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 fists, if necessary. Street Address(es): 7000, 7010, 7020 Biscayne Blvd. these properties are owned by 7000 Biscayne LLC. which is 100% owned by Todd Leoni Gilberto Pastoriza Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): 'Owner(s) or Attorney Signature' The foregoing was acknowledged before me this t day of \A+�Ct.`�-C...-V1 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC. and 7120 Biscayne LLC, a Florida limited liability company. He/She is personally known to me or who has produced as identification and whoid (did n take an Oath. (Stamp) Rev. 07-20 i 3 Signature i t✓rAAILYM av�nC%D£' My CGMMFSSrtd;Erf6S3/ILLA: EXPIRES: Saptarn 6r 13, 20'5 Thv K at Nctary S�Mcas 6 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ` �� Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2690 Address: 565 NE 715t St. Owner: 7100 Biscayne LLC. n LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 Es) FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. o Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. v LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71s1" STREET TO O PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS co SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. (9D, THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. This instrument prepared by and after recording return to: Gilberto Pastoriza, Esq. Weiss Serota Heitman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd.. Suite. 700 Coral Gables, FL 33134 DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL ME BY THESE PRESENTS: That 7100 Biscayne L1.C, and 7120 Biscayne L.LC, ("Owners") hereby make, declare and impose on the land legally described on Exhibit "A" attached hereto (the "Properties") the covenants running with the title to the land set forth herein, which shall be binding on the Owners, all heirs, successors and assigns, personal representatives, mortgagees, lessees and against all persons claiming by, through or under them. WHEREAS, Owners hold fee simple title to the Properties; and WHEREAS, Owners may wish to convey portions of the Properties from time to time and this in;tnirnent is executed in order to assure that the phased development of the Properties with future ownership will not violate any subdivision or zoning requirements of the City of (Miami; NOW, TIIERELORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owners hereby agree as follows: 1. Limit the T4-L property as legally described in Exhibit "B" to all dies permitted under T3 and only surface parking under the T4-L uses. 2. At the time of the building permit, the T4-1, property shall comply with all Miami 21 regulations, including Section 9.7. 3. In the event of multiple ownership of the Properties, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this instrument; and Owners will not convey portions of the Property to such other parties unless and until Owners and such other parties shall have executed and mutually delivered in recordable form an instillment to be known as a "Declaration of Restrictions and Reciprocal Easement Agreement' which shall contain, among other things, the following: (a) Easements in the common area of each parcel for ingress to and egress from the other parcels, THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (b) Easements in the common area of each parcel for the passage and parking of vehicles. (c) Easements in the common are of each parcel for the passage and accommodation of pedestrians. (d) Easements for access roads across the common area of each parcel to public a nd private roadways. (e) Easements for the installation, use, operation, maintenance, repair, replacement, relocation or removal of utility facilities in appropriate areas in each such parcel. (t) _ Easements ----on each -.parcel- for ---construction- of -- buildings and - improvements in favor of each other parcel. r,g) Easements upon each 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. en) Easements on each parcel for attachment of Building. {i) 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. (j) Appropriate reservation of rights to grantcasements to utility companies. (k) Appropriate reservation of rights to road rights -of -way and curb cuts. (1) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads. (ni) 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. These instruments or portions may be waived ic approved by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Off;ce of Zoning, or their designees, if the provisions are inapplicable to the subject property. In addition, the instruments shall contain such other provisions with respect to the operation, maintenance and development of the property as the parties may agree. Such provision may be THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. modified or amended by such parties (or the applicable association governing such parties) without approval or joinder by the directors, or their designees, if it will be constnlcted, conveyed and operation in accordance with an approved site plan. The multiple owners may, by mutual agreement, allocate among themselves and the parcels owned by them, setbacks, parking, open space, floor area and similar governmental requirements, and these allocations shall be honored in connection with requests for future site plan changes. 4. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which tine it shall be extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any potion of the subject property over which a condominium, homeowners or other similar association then exists, the insti-urnent or amendment� modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications, omendmcnts, or releases, joinder is required by each of the directors of the Public `'Yorks Department, the Planning Department, the )wilding Impartment, and the Office of Zoning„ or their designees to execute the instrument of amendment, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the properly for the purposes herein intended.. 5. The provisions of this instrument may be amended, modified, or released by a written instrument executed by the then owners of the Properties, provided same is also approved by the City Attorney. Should this instrument be so amended, modified or released, the directors of pubic works, community planning and _revitalization and building and zoning of the Citj, of Miami, or their respective designees or successors, shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release. 6. Enforcement shall he by action against the parties or persons violating or attempting to violate any covenants. The prevailing party in any aetiirn or suit pertaining to or arising out of this Declaration of Restrictive Covenants shall be entitled to recover, in addition t0 costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall he in addition to any other remedies available at taw, in equity or both. 7. 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. 8. This Declaration of Restrictive Covenants in Lieu of Unity of Title shall be recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense. y. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) (L3q THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. election of 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 IN WITNESS WHEREOF, the undersigned has caused this instrument to he executed as of the day and date first above written. WITNESSES: (as to 7100 and 7120 Biscayne LLC) Print Name: 7100 BISCAYNE LLC, a Florida limited liability company By: Print Name: Todd Leoni Its: Manaeing Member 71.20 BISCAYNE LLC, a Florida limited liability company By; Print Name: Todd Leoni Print Name: Its: NIanagin, Member STATE 01' *FLORIDA COUNTY OF I)AI)E SS: The tOregoing instrument was acknowledged before me this day of , by Todd Leoni, as mana_im member of 7100 Biscayne LLC, and 712J Biscayne LTC, a Florida limited liability company, in the capacity afarestai.ed; such person is (cheek one) [ ? personally known to me or ( j has produced as identification. NOTARY PUBLIC PRINT NAME My commission expires: (Seal) 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. L Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 71'` St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately 7,650 Square Feet, more or less. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or less. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC -6 RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. c co Folio: 01-3207-040-2690 Address: 565 NE 71St St. m cp Owner: 7100 Biscayne LLC. p ti LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT = THEREOF, A5 RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, °, au FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. cc co Folio: 01-3207-040-2701 N Address: 7120 Biscayne Blvd. N Owner: 7120 Biscayne LLC. v M LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26', IN BLOCK a� 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED iN ca PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71s7 STREET TO p PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. 5 Attachment: File ID 2038 JONN IBARRA 8 ASSOCIATES, INC. ProlerNN,onai Lw1d Surveyors & Mapper* rrr%11.4d•.w.x -vwasv.r"!". ": 7f' Pea At ! nuMpUECFlI•E w.Kr ivna avpw n.E, oc.nov •am w nae MMenscos cM¢fPn'+l :G' aE afXIMl3 •aaa+nwwwra MEN IcrinaAP., lwa UMW, M Boundary Survey RE r nd r. ME 7t., 3 IREI,7 W yy tOt aaaaWc RCM./ A g Iv a _.111] 11� mid Orr Yti 4 r.n •a r) •..,• • w;I !': 1 e THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) JOHN IBARRA 8. ASSOCIATES, INC. prolErssianal land Surouyura 8 Mapplern n:ysa ry....* xn.. :n 001,4, w :fR . w.e rM.yr:r...NEMOWN. r,ew n�W wrp: Ne onaww rk o. cca uwnE. �s TT OO*E ASE.E o..En HATE! S10 VA.Wt MAKE nlB r0 96 A8111VP, ED M10 #MOVIE IEEE GAO G/M /Alf SIAV rr MY NE >1no EIEEEr NE Tr.! .S10Efr GRAMACJGLE MBE .Ia .MALT AAArMntw ...-.n,• lHr tllkX& i..:'.ira �rwv .4.0.4.11110.11000. w • cm. ear fArirmphibm Le 1EM\a 'EiYw .rAfY �Ww�... rtrWer THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) SEEN AT THE END OF THIS DOCUMENT. J0I1N ISARRA & ASSOCIATES. INC. P*uresslonel land Surye•yurs & Mwppure Ira. Nerd •4uA xlxl8.e. wru .iw..n w:a: is r.,e+.>.r 41.th,rn :;wr•,rS a+:; rM...avu00O0 1rr cwr[r .3 t0 SHP. TNE<OSAI.Yr 400 .umwswrna 00nrt rf".NNINX:1 NI At frANARA WrtiM 11111. A!' WO *OR WI SYerir MM' NE 7Zn.i SiliFfT NE 71.1 Si@EET Boundary ,Survey. GRAFI°G SCALE' ET ET IIINI$8I 1 111 111, II FIT ITT µ 're: rr4• 4. • erNrlMrnft Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) nrzfrr. rid. AI..., ti V MA'I NAAA SQIrGi6 lriwu•.aYt.uW -a•. ir.•w y,4wrN"'*"ir'""" MM4M Nei �a.•rw•W w.� i•i.«cnn�•.r. THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. tOTI-P\ .1( itiRilitA AlS;7,0C.IA ft t.A litU:01 Witt St try t.tif t,tt.vt dto 4t7 r44 HAIM toblif*SAVIS OF Wit ro ”o11010.4010011.40. it:KAM/5M TSB PAW, tItt. t q.„,. " Bowidaiy Survey R.e 44 1- Os tor tt, :+fifEtIf t .• 4; .s4 tt. 4447.11.1 LULU -14 J. .1. f-tnr 11111 *mt., at,4,t,to Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) anitn605P4iE aa 4 PC 0 4 .1, J,1461,44p1,..,1,11/ GO A... s.,raaa is'," a • •,I4 Art 'stmt. rst '4.140 Atittat "tEciettort tti=4".,="4:3204"0,.m.. .01.4.04 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. jih etti.AHRA 6 A .A & 4lt4e1 fillagY;(•; 4. a tel,aplewei NOTE PINONNO, MI6Mmsfy i4,•roa• 44.41./ AV, MO 0411.1.0. IA' Mt p./.41P/Vele., IV Mt A•1010.0 .alwerom..wor w mar .ar...tzpro. .110.1•11/: V .4. :14‘i ri.kW get.: Boundary Survey L. aRAPAIC W.V.! 4.•••WFD OCR. AMR, t 11 lath 1.11 113 L 1 111 rritymil ij iirnrrsr ir • r.,Ar7 • • 471 41.1.1*V444.1 ztrizzmw.w. • If a Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) OM. 114...1, ...Ai •••••0 e••• ,•• Nie.11,41 • 46.V.V. aa•Vor eit,11,....• wwww " • 1r1,1,••=0/•rer. owese,... • 440.44.• THIS DOCUMENT IS A SUBSTITUTION TC ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. THIS INSTRUMENT PREPARED BY: R COR13 AND 3.2TURN'TO' 'Todd .ecn; P 3. Box 33:'03 Miami, Florida 33233 wtBR,1VLY DEED Tix S `:ti ARa.lN"i Y iitiF. ). made this fs.,t di', of 2013 55' TEA PALMS, I.NC. A `r,ur da Curaora ticm hereinafter Z.1111.ed grantor, tc 7100 Biscayne, LLC. A Florida L ire ited I iabiiity Company hereinattar cal:ed grantee:, whose pcst ct%ice address is P.O. Box 381703, Miami, Florida 33233. WII NESSLTH: The: the grantor, for and in consideration of the sum of TEN COLLARS (S10.00) and other valuabie conideration, receipt whercot is hereby aoknow!edo d, hereby grants, bargains, ,ells. aliens, remies, releases, conveys and c- of nns untn the anntee, ail that pertain and situate in Miami -Dade County, Florida, riz: Folio : 01.3203.040.27I1 Address: 7 i 00 Biscayne Blvd, Miami, Florida 33133 Le;}t I essriprion: M.L OF LOTS 24 AND 25, IN BLOCK 20, OF FEDERAL WAY, ACCORDING TO THE PLAT OR MA? THEREOF, AS RECORDED IN PL.\ I BOOK Id, P \ GtE 16 OF THE PUBLIC RECORDS OF \ITA\II-DADE CO1.20Y, FLORIDA Folio 01.320'7.04J.2690 Address: 565 ND 7I' Street, tifiami, Florida 33133 Legal Description: THE SOUTH 35 FEET OF LOT 23, AND THE EAST a0 FEET OF THE. SOUTH 35 FEET OF LOT 22, IN BLOCK 20, OF FEDERAI. WAY AMENDED, ACCORDING TO THE PLAT OR MAP THEREOF, AS RECORDED IN PLAT BOOK 25, t .\GE 6 GF THE PUBLIC' RECORDS OF Nil -LANE -DADS COL;1' Y, FLORIDA; t. Tres for the year L012 and subsequent .ears, which are not yet due and payable. 2. Zoning, restrictions, prchibltatinns and ,ther requirements imposed by giver.ur.ental author.ty; restrioricns and mati_rs appsa-n:z on the pint otherwise ,:ommon :a the subdivision and public utility easentonts oC record, without without the intention of reimposing the same, TOGET1-IE;. .r. ,; al! enet:I.:7m% horedi:. men; and aopurtsmanees t er.to belonging cr in any%ise ipper wining. TO 14.1VE AND TO HOLD, t e sure n fee simple forever. AND the said ga-.tor does hereby fully warrant tile title to said land and will defend the same against the ;awful cldrns of all persons w cn scever. tti \6I T"TSS', HE t OE, toe said aranter lteretintc set its hand and seal ,he day and year first above written. Signed, sealed and dei:vered in the presence of: Witness Signature Print STATE L F ltt) 3 C Parreda J G c 111a, wi tries COUNTY OF MIAMI-DADE TVA PAL\IS, LNCi, a Florida Corppersuon Todd L Lni, President PO. Box 3A1703 Miami, Florida 33238 The foregoing instrument was ack.-tewtedoed, sworn to and sal r cr of re e by�^ C � , Les ` ton this La_ day of�r� rk.li 2013.l J<N My Commission Expirs: j COn- Ss r Sari i Nurrhnr (if any, ' 417. Peroraly 1<litProdidcied Identification Tye of iticaancation. P ..d:xed: C}r'.•er's Liccnse: 00er THIS DOCUMENT IS A SUBSTITUTION TO --.� ORIGINAL. BACKUP ORIGINAL CAN BE (92, SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Iderlification Prod THIS INSTILMENT PREI'A1iED BY: RECORD AND RETURN TO: Todd L,erni P D. Box ;a t'03 Utiami, Picr.ca 33>3$ W %RR.LYTY PF."D CP7EC:. ,=0•3 V. TI 'S W.MR.R.t.`+ T Y DEED. made this ?i d:tv of zL'':01-1 . 21? 3 by'I'NA PALMS, INC. A Florida Corporation nereiraier called LtranIer, to 7120 Biscayne TLC a Florida limited Ei,i iiiry campar:y;hereinafter called grantee. whose post of ax address is P.O. Box 33l703, Miami, Florida 33233. WIT'NESSI2711. That the grunor, for and in ccr.sideraticn of the aura of rEN DOLLARS (510.00) and ether valuable consideration. receipt whereof is iareby acknowledged, hr:rebv grants, bargains, soil., aliens, remises, releases, conveys and confirms unto the gantee, all that certain !and situate in Miami -Dade County, Florida, viz: Folio a:0!.,3207.040.2701 Address '! 20 Biscayne Blvd, Miami, Florida 33133 Lti.ai Description: LOT 23, LESS THE SOUTH 35 FEET THEREOF, AND FOR ALL OF LOT 26, IN BLOCK 21, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PACE 6, OF THE PUBLIC RECORDS OF MIA VU-DADE COL"tiTY, FLORIDA, TOGETHER WITH A R :COR➢ED EASEMENT PERMITTING ACCESS FROMN.E. 71 STREET TO PAR n:G LOT LOCATED WEST OF EKISTL\C: BUILDINGS, TOGETHER. WITH TI-:E INI?R°ONE ,1t`ITS SITUATE THEREON. I Taxes to :hey year 201 _ and 313bsequcn . yeas, which a: a Dec yet due and pa yabe. 2. Zoning, 7a tricticr:, ?rehibitutiens and other rs q'iimments unposed by governrne.ntal sathority; rest-iations and matw-s apcaa: n7 on the plat c air, Le corcmou Ce the suhdivision Ind pubtic utility easements afracerd, without the intention of reimposing the same. T:X3E i HER with ail the tenements, horrditarrerts .and anourenanees t eretn belonging or in anywise appe.'t iinfnE. TO N \ i~ AND TO h()LC, the saute in fee simple for.ner. AND .:'pe said gra::Dr does hereby fully- wz;rn-:t the titre to said hind and will defend the Nunc agdiist the !awful c l a', rn ; o f all persons whomsoever. U' WITNESS WIIEREOF, the su'd .rancor herructu ,et Its hand and seal the day and year first ahor.c ,a' tten. S 'orlod. scat. d and delivered in the presence of: Witness jSignature sue'! ICI, V, :3. Casquille, TNA PALMS, INC., a Florida Cor?orati: n Tedc Leoni, President P.O. Dox 381703 Miami, Florida 33233 STATE OF FLORIDA COL-NTY OF MTAMT-DARE The foregoing instalment 'AIacknowledged, sworn to and subscrie before me ;v on day of �y �1 t/ , 20.5 My Cornmissien Expire$: NOTARY ?CBI IC PersonIlty Kau,. f . Producad Identification d: Driver's License: Other. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. o'?)) THIS [NSTRUNENT PREP.' RF=.0 BY! R':Ct1Ri}A1 D1& 1UR`t rt,_ Todd Lenora P.O. Box 331703 1IiLT„ E rida33233 d h._ .It .,h: 1i1 Eit‘Tri 3 27 A Axc 5 W'tR1t,NTY DE19 T W;3RRA� TY DEED, made this 77day of f =ic-A- , 20; 3 .-3v TYA PA: -MS, INC. A 1:1.3r6d Colic. ition har_tr.af:c, _a[:ed grantor, to 7126 Biscayne LLC a Florida omit. f ilabiiilv conrpaay, hereinafter cad grantee, whose post office address is P.O. Box 331703, \liarni, Florida 33233. \ 1TtiESSE T Hi T:at the .;.actor, for and La consideraticn of the sum of TEN DOLLARS (S'.0 00) and cther vaivaCie consideration. rece•pt whereof is hereby acknowledged, hereby grans, ba.4ains, sells, aliens, remixes, release:, conveys and canf1rr 3 :into the grantee, all that certain land situate inMiami-Dade County, Florida, viz: Folio 4:01.3207f040. 510 Address: 7126 Biacayrie Blvd, NEarni, Florida 33133 Leizal De;arpt:.;n: 1.0T 3,1N BLOCK 20, AND THE. SOUTH 30 FEET OF LOT 4, IN BLOCK 20, OE A\!72rDFD ?LAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, .S.S R2 ORDED N PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RE -CORDS OF MIA Vtr-DADE COUNTY, FLORIDA, AND A NON-EXCLUSIVE RIGHT OF EASEMENT FOR INGRESS AND EGRESS FROM V.E. 72ND STREET TO THE SAID LOT 3, OVER ANT) UPON THE EAST 10 FEET OF TF1E WEST 15 FEET OF LOTS I AND 2, IN BLOCK 20, OF FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, CF THE PUBLIC RECORDS OF MAN-DADE COUNTY, FLORIDA.Si[.AII.L HAVE THE RIGHTS HEREIN GIVEN FOR ALL DEFAULTS, I. ri;_s four the year 2012 and subsequent years. which are dot yet due and pay abie. 2. 7:;nina. restrictions. pruk.bitaticns and other requirements imposed by gcx rarncn+al authority-, restrictions and matter, appearing cn the pia: otherwise common to the subdivision and public at3iry easements of record, without tfa intention of reimposing the same. TOGETHER With all the tenements, hcred'tarncnts and appurtenances thereto belonziag or in any-xise appertaining. TO E-WE AND TO HOLD, the same in fee simple forever. AND the said granter does hereby full, warrant the title :o said iar.d and will defend the same against :he law NI claims of ail persons whomsoever. IN wrr-NESS WTTREOF, the said a r1 r hereunto set its land and sea! the day and year first above written. Signed, sealed and delivered in tLe presence of: 14'tness Signature !film Pazaia J. Casgtti]1a, wi as STATE OF FLORIDA COUNTY OF NML\MI-DADE TN -.A PALMS, LNC.a Florida Corporation By: Todd Leoni, President P.D. Box 381703 Miami, Florida 33233 The foregoing instrument was acknowledged, sworn to and ubscr:L before me by' rf\ % I, on this day ofb�,�� j 20`t�. My Commission Expires: l Ca •e : ib c ai Nurnber (i any Personally' *R Produced Identification Type of iderrt acation •:educed: Driver's License: Other: ir, ; litr. k/ham THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE 4 SEEN AT THE END OF THIS DOCUMENT. CITY OE MIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMIMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of N.liami requires any person or entity regt.esting aplxoval relief or tither action from the City Commission or any of its boards, authorities, agencies. councils or committees. to disclose at the c)ninicneeinert for _ontin1ance) of the hearinitisj on the issue. any con_aeieration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold abjection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, conation, fee, ccn1:11isston. proms or grant (1T ai; 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. India ithtals retained or employed by a principal as a lobbyist ;is defined in Sec. 2-653. and appearing baton the C'ity Commission or any of its boards, authorities, agencies. councils or committees sorely in the capacity of a lobbyist and not as the applicant. or ow. tiers' legal representative are not required to till out this Corm. Gilberto Pastoriza {I-.r:0 Name ftVidcle) (Last Name) Ho\lL \C)DRESS Weiss Serota Helfman Pastoriza Cole & Bor_iske, C (Tl . (Address Line ) 2525 Ponce de Leon Blvd., Suitle 702 (Address Lire 2i Cora:. Gables STAFF: _orida 71P 33134 HOW:. PHONE: (335) 234 0B O CELL ld ()NI. FAX ;3C5) 854-2323 EMAI.. gpastor za0wsh-la' .con Bl SSINhSS or AP?L[C'-1NT or ENTITY NA\ti 71C0 Biscayne LLC BI_:SING33,\DDREti:: c/o Gilberto Pastoriza, 2525 Ponce de Leon Blvd.., #700 (Address Line Coral Gables, FL 33134 (Address Line 2) 1. Please describe the issue fur which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezon_n7 & comprehensive plan for 565 NE 7 Street, 7120, 7125 Biscayne Blvd., and 572 NE 72 St.r _et . 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? J 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. poc. No. $1S 1-: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) PL{RSON SUBMITTING IITTING DISCLOst.:RF. ahx. No. •R6-J; 3. Please preside the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Addres: a. N/A b. C. Phone * :A;itinional nnures can bc placed on a scpara:c page anodic(' to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. N/A CK,10R LEUC,E\LENT 01 COMPLIANCE: I hereby- acknlny lec1 e 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 Comntission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall he deemed void without further force or effect; and 2. no application from any person or entity, for e same issue. shall be^,l:c}ie ed or considered by the applicable board(s) tuatii exi�iratioan_ofs period of otieyear after nullification of the application or order. ---- Signature r tr GiIhertc Pastoriza Print Name S roar r urc: ;t<< Iho. t e/nr,• m , ,,N.: uu� d. ); ( ) �Inc /r+e nlr; rtitrr7 un ckuticlgui h/i,c in,' h: 0`--A.C.cr-- ,5 ...)":--'..._ :rltn ha.: trt`.lacc<i as identtiirca; irrn crrrc,±,nr is E>err,,>u,tli;• krJmrn to trrc• ctna tow :iitt ,iicl af,1 hai l; an oath. S.F.AfL OF FLORIDA (_ITY OF MIAMI MY COMMISSION EXPIRES: chi Notary l Y MAR!LYN SOMOCEVtLLA wrr2TYmat '•_•'E PtFES. JdNl3TT er )3, 2C15 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) PZAB.9 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 13-01259zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOM(VIENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 & 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71ST STREET, MIAMI, FLORIDA; MAKING FINDINGS: CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 7100 & 7120 Biscayne Boulevard and 565 NE 71 st Street [Commissioner Keon Hardemon - District 5] Gilberto Pastoriza, Esquire, on behalf of 7100 Biscayne. LLC, 7120 Biscayne, LLC and 7126 Biscayne, LLC 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables. FL 33134 (305) 854-0800 This will change the above properties from "T3-L" to "T4-L". Item includes a covenant. Approval. See supporting documentation. Continued on March 5. 2014. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ; } _.l . City of Miami Planning and Zoning Department Division of Land Development File ID#:13-01259zc ANALYSIS FOR ZONING CHANGE Request:Change the zoning classification of the property described herein Location: Approximately 7100 and 7120 Biscayne Blvd, and 565 NE 71 Street. Net District: Upper East Side NET Folio #: 01-3207-040-2710, 01-3207-040-2701, and 01-3207-040-2690. For detailed legal description see exhibit "A" Total square footage: 10,650 sq.ft = 0.244 ± acre ZONING DESIGNATION: 1 Folio # 01-3207-040-2710 01-3207-040-2701 Current Zoning Designation T5-O (Urban Center Transect Zone -Open) T5-O (Urban Center Transect Zone -Open) T3-L (Sub -Urban Transect Zone - Limitedi 3 01-3207-040-2690 T3-L (Sub -Urban Transect Zone - Limited LAND USE CLASSIFICATION: Proposed Zoning Designation T5-O (Urban Center Transect Zone -Open) _ T5-O (Urban Center Transect Zone -Open) T4-L (General Urban Transect Zone - Limited) T4-L (General Urban Transect Zone - Limited) Is the proposed zoning designation compatible with the MCNP-FLUM: ❑ Yes Z No URBAN DESIGN FINDINGS AND COMMENTS: 1. The proposed rezoning of the subject properties complies with the technical requirements of Miami 21 Code in regard to successional zoning, and frontage length on one street. 2.- The applicant intent is to rezone in order to legalize a current surface parking lot and continue to operate it serving the lots to the east, in the same matter it has been operating for the past several years, through a covenant. 3.- The above mentioned covenant also proposes to limit the rezoned property to all uses permitted under T3 and only surface parking under the T4-L. Page 1 of 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE a SEEN AT THE END OF THIS DOCUMENT. '( Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) MITCHELL BIERMAN, P.A. NINA L, BON'SKE, P A. MITCHELL J BURNSTEIN. PA JAMEE ALAN COLE. P.A. STEPHEN J MELFMAN, P.A GI_BERTO PASTORIZA, P.A. MICHAE- S POPOK. P,A- JOSEPH H. SEROTA, P A. SUSAN i.. TREVARTHEN, P.A. RICHARD JAY WEISS, P A DAVID M. WOLPIN. PA. DAN:'EL L- ABBCTT L jLL'AN M ARANGO GAR" L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN K. FE.RTEL CHAD S- FRIEDM4N ALAN L. GABR!EL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ ROGER S. KOBERT JOSHUA D. KRUT MA r1 HEW H MANCEL JOHN J, QIJ:CK AN`HONT _. REC!0 BRETT J. SCH NE,DER CLIFFORD A. SCHULMAN MARC SOLOMON LAURA K. WENDELL JAMES E. WHiTE AVEISS SE ROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. ATTORNEYS AT LAW ,4 PROFESS'ONAL LIM'TED L ABILITY COMPANY INCLUDING PROFESSIONAL A55OCATIONS MIAMI-DADE OFFICE 2525 PONCE OE LEON BOULEVARD SUISE 700 CORAL GABLES, FLORIDA. 33134 TELEPHONE 305-854-0000 FACSIMILE 305-854-2323 WWW.WSH-LAW. COM BROWARD OFFICE 2C0 EAST BROWARD BOULEVARD • SUITE 1900 FORT '_AJDEPDALE, FLOR'DA 33301 TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 Vlr. Francisco Garcia Director Department of Planning & Zoning City of Miami 444 SW -)nd Avenue, 3`11 Floor Miami, Fl. 33130 •OF COUNSEL January 14, 2014 Re: Amendment to the Miami Comprehensive Neighborhood Plan (the "Plan") and a change in Transect Zone (the "Rezoning") Dear Mr. Garcia: SONJA C. DARBY BROOKE P. DOLAR4 RAOUE, ELEJABARRIETA• CANIEL A. ESPINO ERIC P HCCKMAN BELLY RAINS JESSON KAREN LIEBERM.AN• JUSTIN D. LUGER JOH.ArNNA M. LUNDGREN MIA R. MARTN ALE!DA MARTINEZ MOLINA• KATMR"N M MEHAFFEY ROBERT A. MEYERS` MATTHEW PEARL MARC C. PUGLIESE• CARLOS M. RODRIGUEZ• GAIL D. SEROTA• ALISON F. SMITN • ANTHONY C. 50ROKA EDUARDO M. SOTO PABLO A. TAFIAYO JOANNA G. THOMSCN PETER D. WALDMAN• ALICIA H. WELCH SAMUEL I. ZESK ND Our firm represents 7100 Biscayne LLC ("7100 Biscayne"), 7120 Biscayne LLC ("7120 Biscayne") and 7126 Biscayne I.,LC ("7126 Biscayne"). 7100 Biscayne is the owner of the property legally described in the attached Exhibit `A" (the "Overall 7100 Property"). 7120 Biscayne is the owner of the property legally described in Exhibit "A: (the "Overall 7120 Property")- 7126 Biscayne is the owner of the property legally described in Exhibit "A" (the Overall 7126 Property"~). The Overall 7100 Property, Overall 7120 Property and the Overall 7126 Property shall be collectively referred to as the "Overall Properties". 1'he Overall Properties lie on the west side of Biscayne Boulevard- north of 71 Street. The Overall Properties have dual land use designations and dual transect zones. The portions of the Overall Properties fronting Biscayne Boulevard are designated Restricted Commercial in the Plan and have a Transect Zone of Thy-O- The rear portion of the Overall Properties are designated Duplex -Residential in the Plan and have a Transect Zone of T3-L. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (`-".. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) lr, Francisco Garcia January 14.2()14 Pa rc�12 The owners wish to amend the Plan and Rezone the properties. The amendment to the Plan will he from Duplex Residential to Low Density Restrictive Commercial and rezone from T 3-I., to h-I-L. The legal description for the properties to be rezoned is attached as Exhibit "B.' (the "Properties'') The proposed Plan Amendment and Rezoning will allow for a more efficient and feasible use of the Overall Properties with parking and accessory functions occurring on the Properties better serving the portion of the Overall Properties fronting Biscayne Boulevard. Also. please note that the proposed request wills serve as a gradual transition from the Biscayne Boulevard 1'5-corridor to the residential neighborhood to the west, This transition will he totally contained within the Overall Properties. Nliami 21 Section 7.1.2,8 c2 (g) analysis. The City has designated the area where the pre, pertics arc to be located as the Miami Modern (N11\MIO) Biscayne Boulevard historic district (the "District...). The property owners in the area are trying to bring hack the old classic character on the District with new construction, andlor remodeling existing structures. The T3 properties in question immediately abut the rear of the T5 properties abutting Biscayne Boulevard. The depth of these Biscayne Boulevard properties is not sufficient to effectively provide parking and, or an-.enit:es necessary to resurrect the MINI() district. The T3 properties would serve that purpose but unfortunately parking and'or the necessary amenities are not permitted, therefore, keeping the .13 transect zone thwarts the intentions of the creation of the A1iy1O district. Rezoning these properties to 14 will accommodate the parking and necessary amenities promoting the spirit of the NII\IO district. Additionally, the gradual transition from T5 along to Boulevard propertes to the 1.3 on the west is hest accomplish by the T4 rezoning which occur on properties in between these o.vo districts on properties owned by the applicant which now have T5 and T3 zones. These applications comply with the successional zoning requirements of Section 7.1.2.8 e of -Miami _2 1. The requirements of Miami 21 Section 7.1.2.8 c are also complied with by the inclusion of the proffered Unity of Title and Declaration of Restrictive Covenants in Lieu of Unity nt Iiac. tit 'E ISS SEROTA HELFFMA*r PASToRIZA COI.E & EONISKE, FL. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Mr. Francisco Garcia January 14, 2014 1'aie j3 We look forward to your favorable review of these applications. Please do not hesitate to contact the undersigned if you have any questions or require additional information. G P'm s Attachments ?688001 Verytruly yy zrs. Gilberto Pastoriza WEISS SEROTA IIELFMAN PASTORIZA COLE & BONISKE, P.L. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 5�� Fof io : 01-3 207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd, Owner: 7120 Biscayne LLC. LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71ST STREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2510 Address: 7126 Biscayne Blvd. Owner: 7126 Biscayne LLC. LEGAL DESCRIPTION: LOT 3, IN BLOCK 20, AND THE SOUTH 50 FEET OF LOT 4, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND A NON-EXCLUSIVE RIGHT OF EASEMENT FOR INGRESS AND EGRESS FROM N.E. 72ND STREET TO THE SAID LOT 3, OVER AND UPON THE EAST 10 FEET OF THE WEST 15 FEET OF LOTS 1 AND 2, IN BLOCK 20, OF FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ( /` AND LESS THE SOUTH 5 FEET OF THE NORTH 100 FEET OF LOT 4, IN BLOCK 20, FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AS RECORDED IN ORB 22697 PG 534. CONTAINING APPROXIMATELY 9,753 SQUARE FEET, MORE OR LESS. cfl 0 t6 0 co CO co co O N 0 N 0 tY co O co M 0 0 t6 L 0 co O 0 0 LL 0 E: 0 co THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Horida. Containing approximately 7,650 Square Feet, more or less. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or less. Portion of Folio: 01-3207-040-2510 Address: 7126 Biscayne Blvd. Owner: 7126 Biscayne LLC. Legal Description: The South 45 feet of Lot 4, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 2,250 Square Feet, more or less. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. to O O O 0 N d cc co O N N co m 0 0 CO M O N a) LL i.• E 0 f6 w+ REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezonirag,information. Applicant(s) 7100 Biscayne LLC, and 7120 Biscayne LLC, 2. Subject property address(es) and folio number(s): See attached Exhibit "A' 3. Present zoning designation(s): T3-L 4. Proposed zoning designation(s): T4-L 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. See Letter of Intent One (1) original, two (2) 11x17" copies and one (1) 81/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 0. 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? 10 650 sq. ft./.24 acres Rev. 07-2313 THIS DOCUMENT IS A SUBSTITUTION TO _> ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? Provide a self contained buffer between the Biscayne Boulevard frontage and the residential properties to the west. 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. Mimo District 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: LJ Planning. Zoning and Appeals Board 30 minutes and/or Li City Commission 30 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 O. T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e_ Mail notice fee per notice $ 70 $ 5,000.00 $ 1,500.00 $ 150.00 S 4.50 f. Meeting package-rnTiling fee per package $ 6.00 *Fees over , .5 Q©O:: QO, shag aid 1n- > ra certified check, cashier's check, or money order. Sign atufe Name Gilberto Pastoriza Telephone (305)854-0800 Address 2525 Ponce de Leon Blvd., #700 Coral Gables, FL 33134 E-mail gpastorizagwsh-law.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE l , , r� The foregoing was acknowledged before me this l 9 day of V `OtS'C— \' 1 2014, by Gilberto Pastoriza who is a(n) individual/partnerlagenticorporation of 7100 Biscayne LLC, and 7120 Biscayne LLC. a Florida limited liability company. He/She is personai(vlsnown-fo me or who has produced as identification and who did (did not) take an{path. (Stamp) Signature Rev. 07-2:) 1.3 MARILYN SCMOr,EVIL,.A MY COMMISSiCtd 9 ES I tn53: EXPIRES. &Amoer t2, BrBor;de.iT; v hegot Yoram ;y THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 4 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately 7,650 Square Feet, more or less. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or less. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CI) f6 cn m O O O 0 N • 0o M CN N co 0 i 0 co O N 0 E .0 0 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza who being by me first deposes and says: 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. 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. 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. Giloerto Pastoriza Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MrAMI-DADE The foregoing was acknowledged before me this 9 day of W - --t , "� 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC. and 7120 Biscayne LLC. a Florida limited liability company. He/She iskersonally known to me or who has produced as identification and who did (didat) take an oath. , (Stamp) Signature Rev 7-2O13 ••f,t, MARILYN SCMr1Ut:wiLA ? j * MY COMM!SSICN l EE '11.5532 EXP:'RES: Seplamb r 13, 2CTi 9oN!e. TtrJ 8w'ge1 !kLp Senfa4W THIS DOCUMENT IS A SUBSTITUTION TO 5 ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFIEII COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7100 BISCAYNE LLC. a Florida limited Iiability company (the "Company"), that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on I LI at the offices of the Company. RESOLVED that the Company consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7126 Biscayne Blvd., Miami. Florida. (the '`Applications"); and the filing of all necessary documents. necessary to the filing, including Unity or Title and Declaration of Restrictive Covenants in Lie of Unity of Title: and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf of the Company. FURI1ILR RESOLVED that Gilberto Pastoriza. Esq. and the law firm of Weiss Scrota Hellman Pastoriza et al, are authorized, directed and empowered to execute any and all applications. petitions, and other documents necessary to effectuate the Applications. The adoption or said resolution was in all aspects legal; and that said resolutions are in tilt force and effect and have not been modified or rescinded. Dated this i—) day of STATE OF FLORIDA ) COUNTY OF MIAMI-DADE , 2014. 7100 B[SCAY i�E LLC, a Florida limited liability ccImpany Todd Leoni, Manager I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni, as Manager of 7I00 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this (---N) day of `a--- A.I7., 2014. C° SIGNATURE OF PERSOI' • MARILYN SOMODEVILLA M'(COMMIESION EE 116532 EXPIRES. Septentir 13, 2015 ' Bor.,j , a:dget tictar+ Serxzs i TAKING AKNOIVLEDGE?1Eti"r(stamp) a.- Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TC ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFIED COMPAN\ RESOLIITION The undersigned hereby. certifies that he is the manager of 7120 BISCAYNE LLC. a Florida limited liability company (the "Company"). that the following is a true and correct copy- of the resolutions adopted by the manager at a meeting held on "'f‘ t-{ . at the offices of the Company. RESOLVED that the Company consents to and joins in the tiling with the City of ?Miami applications to change the zoning and comprehensive plan designation for the property located at 7120 Biscayne Blvd., Miami, Florida, (the "Applications"): and the filing of all necessary documents, necessary to the filing, including Unity of Title and Declaration of Restrictive Covenants in I,ie of Unity of Title: and be it FURTHER RESOLVED that Nit-. Todd L.,eoni is authorized to execute any and all documents on behalfofthe Company. FURTIHIR RESOLVED that Gilberto Pastoriza, Esq. and the lays firm of Weiss Scrota Hellman Pastoriza et al, are authorized, directed and empowered to execute an' and all applications, petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this � ) day of 4°' - , 2014. 7120 BISCAYNE LLC, a Florida limited Liability. company - lodd I.eoni, Manager STATE OF FLORIDA COUNTY OF NIIAXIl-DADS. I HEREBY certify that on this day before me. a Notary Public duly authorized in the state and county named above to take acknowledgement, personally. appeared -Todd Leoni. as Manager of 7120 Biscayne LLC, a Florida limited liability company to be well known to be the persons) described in and N.vho executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this 1 Th A.D., 2014. • 1 ,.'.hA} P f I SI(TN.\TVIZ F ()1-' P1- Z:SON TAKING ���h n caasl .:Vu *art aav ,2s ay o 7C"4`. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION T( ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7126 BISC:AYNE LLC. a Florida limited liability company (the "Company"). that the following is a true and orrect copy of the resolutions adopted by the managger at a meeting held on l'grtil Li. at the offices of the Company. RESOLVED that the Company consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7126 Biscayne Blvd., Miami, Florida. (the --Applications"); and the tiling of all necessary documents. necessary to the riling. including Unity of Title and Declaration of Restrictive Covenants in Lie of Unity of Title; and he it FURTHER RESOLVED that Nir. Todd Leoni is authorized to execute any and all documents on behalf of the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of Weiss Scrota Hellman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions. and other documents necessary to effectuate the Applications. -l'he adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this nday of . 2014. STATE OF FLORIDA COUNTY OF MIAMI-DADE } 7126 BISCAYNE LLC, a Florida limited liability compapv I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni, as Manager of 7126 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my- hand and official seal this !'M day of A.D.. 2014. tL ✓A SIGNATURE OF PERSt_ N TAKING AKNOWLEDG[;MENT (stamp) Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza , 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, II 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. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not Gilberto Pastoriza Applicant(s) Name .-�`Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this - day of 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC. 7120 Biscayne LLC. and 7126 Biscayne LLC . a Florida limited liability company. He/She is personally known to me or who has produced as identification and who did (did not) tale- an oath. (Stamp) Rcv 07-.21)1 (AM Signature MARILYN SOMCDEViLiA MY COMMISSION 4 EE 116532 ERP RES, Sept,tic 13, 2515 6, c d Thar Bi.cp! `k(;q Sewues Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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) 7100 Biscayne LLC. and 7120 Biscayne LLC are all owned by Todd Leoni Percentage of Ownership 100% Subject Property Address(es) See attached Exhibit "A" 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): 7000, 7010. 7020 Biscayne Blvd. these properties are owned by 7000 Biscayne LLC, which is 100% owned by Todd Leoni Gilberto Pastoriza Owner(s) or Attorney Name Legal Description(s): -f'Owner(s) or Attorney Signature' r-- STATE OF FLORIDA -- COUNTY OF MIAMI-DADE {� The foregoing was acknowledged before me this t 9 day of VVI.` -C-- 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC. and 7120 Biscayne LLC, a Florida limited liability company. He/She is personally known to me or who has produced as identification and who id (did ri0V take an oath. (Stamp) Signatur- Rev. 07.2013 s. EDF MARILYN SCMODEVHIA MY COMMISSION ; EE 116532 EXPIRES: Se;rtamber 13, 2015 fkrdeti 7hru eu6pt Notary Sentes t) Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. �p Folio: 01-3207-040-2690 Address: 565 NE 71st St. a Owner: 7100 Biscayne LLC. 0 LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT a) THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMMI-DADE COUNTY, N FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. cu 0 Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. co LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK a) 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED INto PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71s1" STREET TO 0 PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS co SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. N THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. This instrument prepared by and afier recording return to: Gilberto Pastoriza, Esq. Weiss Serota Heifman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd.. Suit, 700 Coral Gables. FL 33134- DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL ME BY THESE PRESENTS: That 7100 Biscayne LLC, and 7120 Biscayne LLC, ("Owners") hereby make, declare and impose on the land legally described on Exhibit "A" attached hereto (the "Properties') the covenants running with the title to the land set forth herein, which shall be binding on the Owners, all heirs, successors and assigns, personal representatives, mortgagees, lessees and against all persons claiming by, through or under them. WHEREAS, Owners hold fee simple title to the Properties; and. WHEREAS, Owners may wish to convey portions of the Properties from time to time and this instrument is executed in order to assure that the phased development of the Properties with future ownership will not violate any subdivision or zoning requirements of the City of Miami; NOW, THERE:ORE, for valuable consideration, the receipt and adequacy cf which are hereby acknowledged, Owners hereby agree as follows: 1. Limit the '.f4-L property as legally described in Exhibit "1" to all uses permitted under T3 and only surface parking uncles the Tel-L uses. 2. At the time of the building permit, the T4-1, property shall comply with all Miami 21 regulations, including Section 9.7. 3. In the event of multiple ownership of the Properties, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this instrument; and Owners will not convey portions of the Property to such other parties unless and until Owners and such other parties shall have executed and mutually delivered in recordable form an instrument to be known as a "Declaration of Restrictions and Reciprocal Easement Agreemen_' which shall contain, among other things, the following: (a) Easements in the common area of each parcel for ingress to and egress from the other parcels. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) (b) Easements in the common area of each parcel for the passage and parking of vehicles. (c) Easements in the common are of each parcel for the passage and accommodation of pedestrians. (d) Easements for access roads across the cornroon area of each parcel to public and private roadways. (e) Easements for the installation, use, operation-, maintenance, repair, replacement, relocation or removal of utility facilities in appropriate areas in each such parcel. (t) Easements .on ---each •parcel ---for- -construction of ---buildings and - improvements in favor of each other parcel. (g) Easements upon each 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. (h) (i) (1) Easements on each parcel for attachment of Building. Easements on each parcel for Building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such s, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like. Appropriate reservation of rights to grant e<isfcmen'ts to utility companies. (k) Appropriate reservation of rights to road rights -of -way and curb cuts. (1:) Easements in favor of each ,such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads. (m) 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. These instruments or portions may be waived if approved by each of the directors of the Public Works Department, the Planning Department. the Building- Department, and the Office of Zoning, or their designees, if the provisions are inapplicable to the subject property. in addition, the instruments shall contain such other provisions with respect to the operation, maintenance and development of the property as the parties may agree. Sueh provision may be THIS DOCUMENT I5 A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) modified or amended by such parries (or the applicable association governing such parties) without approval or joinder by the directors, or their designees, if it will be constructed, conveyed and operation in accordance with an approved site plan. The multiple owners may, by mutual agreement, allocate among themselves and the parcels owned by them, setbacks, parking, open space, floor area and similar governmental requirements, and these allocations shall be honored in connection with requests for future site plan changes. 4. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which time it shall he extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subject property over which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications, amendments, or releases, joinder is required by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees to execute the instrument of amendtnen,t, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the properly for the purposes herein intended.. The prop. isintis of this instrument may be amended, modified, or released by a written instrument executed by the then owners of the Properties, provided same is also approved by d e City Attorney, Should this instrument be so amended, modified or released, the directors of pubic works, community planning and revitalization and building and zoning of the City of Miami, or their respective designees or successors, shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release. 6. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants. The prevailing party in any action or suit pertaining to or arising out of this Declaration of Restrictive Covenants 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 die services of its attorney. This enforcement provision shall he in addition to any oihcr remedies available at law, in equity or both. 7. 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. 8 This Declaration of Restrictive Covenants in Lieu of Unity of Title shall be recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense. Y. All rights, remedies and privileges granted herein shall be deemed to he cumulative and the exercise of any on.c or more shall neither be deemed to constitute an 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) election of 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 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the day and date first above written. WITNESSES: (as to 7100 and 7120 Biscayne LLC) Print Name: 7100 BISCA.YNE LLC, a Florida limited liability company By: - Print Name: Todd Leoni Its: Managing Member 7120 BISCAYNE LLC, a Florida limited liability company By: Print Name: Todd Leoni Print Name: Its: Managing Member STATE OF FLORIDA ) SS: COUNTY OF DADE The foregoing instrument was acknowledged before me this day of , by Todd Leoni, as managing member of 7100 Biscayne LLC, and 7120 Biscayne LLC, a Florida limited liability company, in the capacity aforestated; such person is (check one) [ ] personally known to the or [ ] has produced as identification. 4 NOTARY PUBLIC PRINT NAME My commission expires: (Seal) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. �. 2 Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 715t St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately m 7,650 Square Feet, more or less. qn Portion of Folio: 01-3207-040-2701 0 O Address; 7120 Biscayne Blvd. O Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, N according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami- cc Dade County, Florida. Containing approximately 3,000 Square Feet, more or Tess. co O N co M N 0 LL d E t C.1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. - Folio: 01-3207-040-2690 Address: 565 NE 71" St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E.71SSTREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 00 a) f6 0 0 0 ti a) 0 N co M O N co a) 0 es 0 0 0 U- E 0 f6 JOHN IBARRA & ASSOCIATFS INC. c... ProlA.Nlan41 Lxn'l 1 surveyor. 8 .If11YMoppa tr\ kp•L MF NMos 7/N INY.h'IMKY 4 ron/0C I#.11.tcr.3 OW ME .WM. l 1 Iv ODY 10.. MWPIrF't .'p 9F PFlOYM> MM 1V, 49 M/Ylfdf 0c.Orsts PIlia fw MY. aa1' • t W' '.. �.AM Mr �...Y tl:4 b Mgr r.s Boundary Survey NE IF.d IPE!Y M "f to Mae ` awF._.. 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BACKUP ORIGINAL CAN BE Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) SEEN AT THE END OF THIS DOCUMENT. JOHN ISARRA 8 ASSOCIATES, INC. Pr<,larg1a+18t LafW Swag/ratsMw Swag/rats 4 nppor Mil ...,..,.al.M...,. •St.I.M.x,. nan. ritrrcw.uxor rl.rtu..a!r J YNM O/NE W 00IiSM..I n2G aSKktOxt A ! small lyx NL.tNYLH A.:Amma :Wars war x1lWI?,Mqr Boundary Sury y NE r.r 3 NE Ttst STREET ISr' Ir tli6'OM Of tl n4L ORANF SCALP" 'J„ ,jj;lil(i.111 I I I r .�. 1 11l1111N/1 1 � i 17--r= I IlTi—ITT-,M v ..041W.r,.L nItfilf w h-Maw-. J yarew.,.wrws ap.+s.p. 4.40.41.6.11.0,4 Vita THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) SEEN AT THE END OF THIS DOCUMENT. JL.LrSN t!'3A 'rtA A Ati`,,i0S.1.IASi. J, II•: i:., P' a:a Na•wral arid Ktrrveaywre w oawvw 04,1110.1110. 04.0 m na -41106,11VS tutu') EA.6u .41.44MOH sM �M :. OGHDPOP IMTILA WV tlk 'St :rRk�lj Boundary Survey Woe a• a �NlY lwgq moron.. u.+ur wI till 11 iin - _� JI TI..�i; 1i► 0 GRANAC SCALE Pi Of ,,.CI•JIIYr1 'RifCPXRV � w-�Ynn.'=,.wesry NM10Ii ..4 w�. rs urs.n v THIS DOCUMENT IS A SUBSTITUTION TO Attachment: File ID 2038 -Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. VOTE ,tiff Paneeneffi,Wrrs ant. NAFTA. 041,1441.410i A..' VI, lir 11‘ regieteelVedITY SItlef OCA Os Kw Mel "NW r JOHN le4tiF1A & &R-•,, nye.; PtUfhttiotOetai La.( SLOVOYC:14 & tot4Ap0or4 I I \ tfr 4 ' 4 re, 2,, tttitkt Boundary Survey el 5.4ARI/C SCAL! e . • t .1.610.0 • •NOLT rce• 4="7,V.71,1=11;Stir " rriatrair• •3•;.iv.var.46;;;. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINALBACKUP ORIGINAL CAN BE Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) . SEEN AT THE END OF THIS DOCUMENT. THIS INSTRUMENT PREPARED 3Y: RF,CORD AND RETURN TO: Todd Lecni P.O. Dot 33.703 Miami. Florida 33233 ECC _ ?0 5 WARRANTY DEED TIES WARRANTY DEED, male this V-- day of " � 2013 by T'S'A PALMS, iStiC. A Florida Ccrporati7n hereinafter :oiled gantcr, to 71C0 Biscayne, LLC. A Florida Limited liability Company hereinafter caked grantee, whose pest office address is P.O. Box 381703, Miami, Florida 33238. WTI MI.SSLTH: That the gantor, for and in consideration of the sum of TEN COLLARS (S 10.00) and other valuable consideration, receipt wbcrecf is hereby acknowledged, hereby grants. bargains, sells, aliens, remises, releases, conveys and confirms unto the rantee, ail that cerainlland dituat0 in Miami -Dade County, F'orid:l, viz: Folio C1.3207.040.2710 Address: 7 i00 Biscayne Blvd, Miami, Florida 33138 Legal Description: ALL OF LOTS 24 A -ND 25, Lti BLOCK 20, OF FEDER.AL WAY, ACCORDING TO THE PLAT OR MAP THEREOF, AS RECORDED IN PLAT BOOK IL, PAGE 16 OF HE PLHLIC RECORDS OF MTAM1-DACE COUNTY, FLGRJA Folio 4: 01.3207.040.26690 Address: 565 Nf.Street, Miami, Florida 33138 Legal Description: TEE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 83 FEET OF LOT 22, IN BLOCK 20, OF FEDERAL. WAY ANM-LADED, ACCORDING TO THE PLAT OR MAP THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6 OF THE PUBLIC RECORDS OF 1U !I-D.AD1 COUNTY, FLORIDA; Ta'izs for the year 2012 and subsequent :ears, which arc not yet due and payable. 2. Zoning, resr^;e:ions, prcnibitations and other requiremenrs imposed by governmental authority: restr.eticns and matters anpear.na on the p'.at otherwise ecnrrnon to the subdivision and pnbtic utility easements ofrecord, without without the irtcotion of reimposing the same, TOGETHER with all the tenements, hered .:t,: ents and appurtenances thereto belonging or in anywise appertaining. TO ItAVE AND TO IIOLD, the Rune in fed sitnpie forever. AND the said g aitcr does hereby !i.Cy warrant the title m said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS `.r aERE.OF, the said grantor hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Print STATE OF Farrela S. Cc:gailla, COUNTY OF OF MTAMI-D ADE l INA PALMS, INC, s Florida Corporation Todd L'oni, President P.O. Box 381703 Miami, Florida 33238 The foregoini, instrument was acknowledged, sworn to an sub cr ^ aefere me by"t7 s t_ L on this _ day of ti( , 20 My Commission Expires: Personally :Ot i Strial tiurnhcr (if any) i2 Produced Identificatio❑ Type of identification ' ..Cdcn3: Driver's License: Other. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Ti i1S i\ STAT:N1T PREl'ARLD BY: RECORD AND RLTLRti TO: Todd Lanni P.O. Box 381703 4liami, Flor.da 33233 W tRR 'TY DG^D CE 't: 'C 3 _..__ 7C - t ? . E 1 154 ,2C-3 .045 ,F :I11_rr 1 ,e D"LE C-i 'THIS vv,kaaAN Y DEED, made his 1i 2- thy of ftz.12 ^'h*l . 2oI3 by f VA PALMS, INC. A Florida Cr cration hereinafter called yantor, to 7120 Biscayne LLC a Florida !mite(' liability companyhereinafter ca's;ed grantee, whose pc t of ice address is P.O. Box 331703, Miarn:, Florida 33238. W ' SETH: That the grantor, for and in cor,iidsraticn of the sum of TEN DOLLARS (S10.00) and other valuable cons:Aeration. r acipt whereof is hereby acknowledged, hereby ;n-ants, bargains, sclls, aliens, remises, rele.as: s, conveys aad emotions unto the grantee., all that certain land situate in Miami -Dade County, Florida, viz: Folio *•01.3207.040.2701 Address: 7120 Biscayne Blvd, Miami, Florida 33133 Legal Description: LOT 23, LESS THE SOUTH 83 FEET T H:EREOF, ANT: FOR. ALL OF LOT 26, 1N BLOCK 29, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING THE PLAT T1i2RECF, .AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MLAMI-DARE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71 STREET TO PARKING LOT LOCATED WEST OF EXISTING BUILDINGS, TOGETHER WITH THE LMPRQV'EMI NTS SITUATE THEREON. 1 Tixes for the year 2012 and subsec,u rn: years, which a. not yet due and payable. 2. Zoning, restncticcs, pr'bibitaticns and ether requirements imposed by governmental authority; restrictions end rrat-ers r rear ng cn the plat of erAise con -anon to the subdivision and public utility easements of record, without the intention of reimposing Ma same. TOCE T HER with all the tenement>. hcreditanerts and appurtenances thereto beionring cr in anywise appertaining. TO 11..V. I. AND TO HOLD, the same in fee simple forever. AND rite said grantor does hereby:Lilly warrant the ttt,a to said land and will defend the same against the lawful cla,rns ,Pail persons whcr. icev:r. tti WIT`JF:SS WHEREOF, the said gran:ar hereunto art its hand inc.' seal lte day and year first above w-tte n- Signed, 3cated and delivered in the presence of: , -(vt- Witness Signature P^rtt 1N_,,U��y 1PanA ,' Ca -wad 1 a, wit —les ST-ATE OF FLORID. COUNTY OF MIAMI-DADE TNA PALMS.. INC., a Florida Corporation Todd Lecni, President P.Q. Box 381703 Miami, F1orda33233 The fcuegoing instrument WAS acknowledged, sworn tc and subsea be:orc Inc by �t cn s- day of --4A7- r .tI , 20l My Con -.mission Expires: thi 5 NOTARY PUBLIC mi�yi8:Serial Number (if any) Personally Know . Produced Identification Type n idecti cation Prod cod: Dr.'.er's License: Other. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ^ i1 -ET SQOLOMON sat ao,uEs,,,w�n CET CO c) O O O 00 0 N CD fZ' O O O CD CO 1 O O O N CD r-% cu E L CO a+ TH1s iNSTRU\IE`T?o%PA.ED BY: 14. EiCC.:RDANuRETURN Ft Todd Leoni P.O. Box 38170.1 ;btiami, Florida 33233 2C `3' ..,.�d _.;Cr- c 1,.51 =AT= 3;S 13 - 2. Cam" . 8C SURTA.'C»5 WARRANTY QEEI.1( T1?_S WAFtR.kNTY DEED, made this day of F� b ( �f , 2013 TNA PALMS, INC. A Florida Corporation heraina:rier caned 3-;tutor, to 7126 Biscayne LLC a Florida %united tiabiti., company, hereinafter called grantee, wt.,ose post office address is P.O. Box 331703, Miami, Florida 33238. wm,irSSETH: That the trar.tur, for and is consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby , ants, bargains, sells, aliens, remises, releases, conveys and confirms Grit° the grim:t:, all that certain lard situate in Miami -Cade County, Florida, viz: Folio #- 01.320'7040?510 Address: 7126 Biscayne Blvd, Miami. Florida 33133 Le;ai Descrpr'.rn: LOT 3, IN BLOCK 20, AND THE SOUTH 50 FEET Of LOT 3, N BLOCK 20, OF ASIE ICED PLAT OF FEDERAL WAY, ACCORDING fO I'HE PLAT THEREOF, AS RECORDF,D IN P'_AT BOOK 25, AT PACE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND A NON-EXCLUSIVE RIGHT OF EASEMENT FOR INGRESS AND EGRESS FROM N.E. 7.,sr' STREET TO THE SAID LOT 3, OVER AND UPON THE EAST i0 } EET 01- i HE WEST 13 FEET OF LOTS 1 AND 2, IN BLOCK 20, OF FEDERAL WAY AMENDED, ACCCRDING TO THE PLAT TTIEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 5, OF THE PUBLIC RECORDS OF MIA-NE-DADE COUNTY, FLORIDA.S-LAI.L HAVE THE RIGHTS HEREIN GIVEN FOR ALL DEFAULTS. t. Taxes for tine yes 't)I and subsequent years, which are not yet due and payable. 2. Zoning, restrictions, prohibitations and otter requirements imposed by geverntrentai at111ort3;; restrictions and ma_:e ; appearing on the plat otherwise cnrnrnon :c the subdivision aad public uti:ir, easements of record, without the intention of reimposing to same. TOGETHER with ail the tenements, hered.tarrenr and appurtenances thereto beiongin_>, or in anywise appertaining. TO HAVE, AND TO HOLD, the same in fee simple forever. AND the said grantor does hereby wily warrant die title to Said land and will defend the same against the lawful claims of ail persons whornscever. IN WITNESS T ERECT, the said Para:?r hereunto set its hind and seal The day and year first above written. Signed, sealed and delivered TNA PALMS, NC. j a Florida Corporation in the pretence of: 0j--e Witness Si o' ature ll $tiint c Pana.:a J. Casquil:ar witness STATE OF FLORIDA COUNTY OF MLAMI-DADE Bv: Todd Leon', President P.O. Box 381703 Miami, Florida 33238 r The foregoing instrument was acknow'.edaed, sworn to and 'ubscrb %°fore me by 4 } ' k on this1— day of�.itiij 20 i h. My Commission Expires: 1 n cnai Number (f any) Personally Produced Identification Type of lderldtication ;adt:eed: Driver's T.icease: Other: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT 15 A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CI"iY OFMi AYH DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT "F0 SI.PPORT 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 tor ontinuanc2) of the hearing(s) on the iss_tc. any consideration provided or committed, directly or on its behalf, to any entity or person for an a�recment to support or withhold objection ro the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or gram of any money. property. service. credit or financial assistance of any kind or value. whether direct or implied, or any pr3misc 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 Commisson or any of its boards, authorities. agencies. councils or committees solely in the capacity of a lobbyist and nor as the applicau:. or owners' legal representative ar„ not required to fill out this form. NA`,1i{: Gilberto Pastariza (First Name) Mode) (Last Nano) HU\IT.ADi)RLSS Weiss Serota Heli=mari Pastoriza Cole & Boniske, ?.L, CITY (Address Line ') 2525 Ponce de Leon Blvd., Suite 70C (Address Line 2) Cora Gables ST.A1'i_:: Florida i 33134 Tit=1\C . PHONI : (305) 854-080C CLLL MON;: FAX: (3135) 854-2323 E\IAL: gpastoriza1wsh-law.com BI_;S.SINFSS or .APPLICANT or ENTITY NAME 7100 Biscayne LLC Bi_S1\f SS AD) .ES.S: c/o Gilberto Pastoriza, 2525 Ponce de Leon Blvd., 4700 (Address ,_;ne Coral Gables, FL 33134 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action froth the City Commission, board, authority, agency, council, or committee. Rezoning & comprehensive plan for 555 t0Z 7 Slreen, 7120, 7125 Biscayne Blvd., and 572 NE 72 St:reel:. 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? L YES %XJ 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. Yo...8b54 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 3. Please pros ide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. V'aloe ld�.ire�> Phone” a, N/A b. x :1dd rional pk ced on a .eparrtc page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. 1CKAO11 LEDGE\1F T OF COCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance: and that in addition to the criminal or ei', i1 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 he deemed void without further force or effect; and 2. no application from any person or entity ,fo) t)le same issuebe re*iewed or considered be the applicable board(s) ttn ii exp iation of,* period of ot1c .ear after`tJae--- nullification of the application or ordet., /i �, ��"_. I'LRSO\ SU[3\iITTI\G DISCLOSURE: Doc \: .:41;.:. 1 -Signature Gilberto Pastoriza Pnnt Name .!St i,rn cv.a „n: /his Ica �t ^� `—¢ " 1 , grit Li MC ,riiru,*nin in s rrton, nl acknou ledgc4.l hcturtr trtc' I t v STATE OF FLORIDA CITY OF MT.AMI MY CO,NI\IISSION EXPIRES. oho bd."' pi o /ui.Cal identi/ir .firm :ink/ or is pe'r,r;rrulh,' knot.. n ,00i who did did rror juke un uhith. Notarj ';„, MARILYN SCMODEV1LL4 I:1cltn-urc1,i m -. EXPIPES Sdrt1rr:ber 13.=03 SF Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Yes No NIA, ❑ ❑ ❑ ® ❑ El ❑ ❑ ❑ ❑ ❑ ® ❑ • ❑ ❑ ® ❑ ❑ El ❑ ❑ • ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ EN CI 0 IN ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ Analysis for ZONING CHANGE File 1D: 13-01259zc a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. b) The proposed change is in harmony with the established land use pattern. c) The proposed change is related to adjacent and nearby districts. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the Toad on public facilities such as schools, utilities, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) MIAMI 21 MAP (EXISTING) NE 73RD ST NE 72ND ST T3--L Palm Grove NE 71ST ST NE 70TH ST NE 69TH S T5-O = W • Z T4 R NE 72ND TER NE 72ND TER':. T3-R NE 72ND ST T5-O 4 MiM T5-L NE 68TH ST 0 150 300 1 t 1 600 Feet t I BISCAYNE BLVD NE 72ND ST E T3lL__ ._ ._ i NE 71ST ST Bayside NE70TH'ST 1 ! r NE 69TH ST MF fiRT14 CT ADDRESS: 7100, 7120 & 7126 BISCAYNE BLVD 565 NE 71 ST THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE -� SEEN AT THE END OF THIS DOCUMENT. c9S Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) 0 150 w Z 300 MIAMI 21 MAP (PROPOSED) NE 73RD ST NE 72ND ST NE 70TH ST NE 69TH ST NE 68TH ST 600 Feet NE 72NDTER---' NE 72ND TER T3-R NE 72ND ST NE 72ND ST NE 71ST ST r NE 69TH ST ADDRESS: 7100, 7120 & 7126 BISCAYNE BLVD 565 NE 71 ST THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) 0 150 300 It I t ADDRESS: 7100, 7120 & 7126 BISCAYNE BLVD 565 NE 71 ST THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. - Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-034 File ID 13-01259zc April 30, 2014 Item PZAB.9 Mr. Daniel Milian offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING. ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE CITY COMMISSION. AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114. AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L." TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 & 712C BISCAYNE BOULEVARD AND 565 NORTHEAST 71 ST STREET, MIAMI, FLORIDA: MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. Chris Collins, the motion passed and was adopted by a vote of 1 0- 0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Absent Mr, Charles A. Gibson Yes Ms. Maria Beatriz Gutierrez Yes Mr, Ernest Martin Yes Mr. Daniel Milian Yes Mr. Juvenal Pina Yes Ms. Janice Tarbert Yes Ms. Melody L. Torrens Absent Mr David H. Young Yes May 7, 2014 r Francisco Garcia, Director Execution Date Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE } Personally appeared before me, the urdersgned authority Clca Zamora Clerk of the Plann!rg Zoning and Appears Board of the City of Miami. Florida and acknowledges that he executed the foregoirg Resolution. SWORN ,AND SUBSCRIBED BEFORE ME THIS I DAY OF r ' r , 2014 Print Notary Name Personally know or Produced I.D. Type and number of i D produced Drd take ar oath or Did not take an oath :Y b � Notary Public State of Florida My Commission Expires VANESSA TRU JILLO 'I' CCI dMIS IC"N d cc `C52;i EXPIRES:1,4 1"., ded Thru Putlu' `4virtw t�rs THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) MITCHELL 91E.RMAN, P.A. NINA L. SOHISKE, PA. MITCHELL J. e U RNSTE1 N, ?.A, JAMIE ALAN COL, o.A. ST_PHEN J. HELF•.IAH, P.A. GILD'ERTO PASTOR'ZA., MI.HAEL S. POPOK, P.A. JCSERH H. SEROTA, PA. SUSAN L. TR EVA.?THEN, R'CNARD JAY WE S5, 0. A. DAVID M. 'N0LPIN, P.A. DANIE_ L. ABBOTT LILLIAN M. ARAMS( SARY L. SROWN JONATHAN M. COHEN IGNACt0 G. DEL VALE JEFFREY 0, OC:'ARL0 ALAN K. FERTEL CHAD S.. RIEDMA-1 ALAP, L. L;ASRIEL CUGLA3 R. GOtJ7.'LEIS ESWARD G. SUEDES JOSEPH HERNANDE- ROGER S.:KOSERT JCSHJA O. KRUT M.A`T} W H. MANDE_ J019 J. QUICK ANTHONY L. 1v?EL'i0 SRETT J. SCHNEIDER CL IFFORC A. SCHULMAN MAPC SOLOMON LALP : K. WENDELL JAAF..3 0. WI -IRE WE SEROTA HF.LFMAN PASTORIZA COLE HONrSKE, P.L. \TTQR IN EYS AT LAW A PROFESSIONAL LIMITED LIA61LiTY COMPANY 'NCLUDIi: ; PROFESSIONAL ASSOCIATIONS M IAMI-DAC6 OFFfCE 2.5E_3 POf10E DE LOON _BOULEVARD SUITE 700 C FOR,IL GABLES, FLORIDA 33i34 TELEPHONE 305-854-0800 FACSI`d1-E 305-854-2323 'JROWARO OPRICE 2330 EA2T 9 0WARC BOULEVARD • SUITE. 1900 TORT LAUO_R0 LE, F.ORDA. 33301 "_F' kC' ' 95,-763-4242 • F.l:;.^-.1 }!'LG 9-S4-764.777G VIA Ei ECI'RO`d1C MAIL & U.S. MAIL Mr, Francisco Garcia DiNctor Department of Planning & Zoning City of Miarni 444 Sit' 2" Avenue, 3th Floor Miami, FI, 33130 ..r COUNSEL March 17, 201,E SONJA C. DAR9Y SHOOKS P, SOLARA PAOUE. ELEJABAPRIZTA' DANIEL A. ESPINO E.RIC P. HOC{MAN HELL" RAEN9 JESSON KAR_N LUC3ERMAN' JUSTIN D. WGOR JOHAN`{,; H. LUNDGREN MIA R. MARTIN ALEIDA MARTINEZ MOLINA' KATH`'tYN M. AISHAPREY RCSER' A. MEYERS. MATH EW PEARL mARO _. PGGLESE' CAOLOO M. P.ODR'IDUE.' G.1t'_ D. SE R O T a'.' AL SM,-H' ANT-1ON't C. SOROKA E OLA:0D0 M. SOTO PAR, O A. TAt-LA"O .,CANNA:,. THO415O: PETER 0. WALL`A AN ALICIA H. WELCH EANILIEL I...ESKIND Re: Applications 1.3-1)12591 u and 13-01.2S9zc; 7100 Biscayne Blvd. LLC (the "Applications" Dear Mi'. Garcia: Our firm represents the owner of the. propertiesproperfies listed on the Applicatio::s. The purpose of this letter is to withdraw one of the properties from the Applications, to -wit 7126 Biscayne Blvd., Miami, Florida. The legal description and folio number is attached to this letter a:3 Exhibit "A". We havo also enclosed a copy o1 the revised Declaration of Restrictive Covenant in Limo of Unity of Title deleting the 7126 Biscayce Blvd. property. The balance of the A.pplieations remains the same <anci we look tbrward to your favorable recommendations for the April 2, 2014 hearing. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Mr. Francisco Garcia March 17, 2014 Page 2 Thank you or y,--yar cooperation it: this riaatte:-.. Suldyoiul au y quL-stions, please not hesitate to contact me. v". Gilberto Pastoriza EkPirns Attachments 2683001 cc: Todd Leoni Anel Rodriguez, via email Edlberto Perez, via email liarold Ruck, vlaetnail WEISSSEE OT PA.STC4IZIZAFLi,it- C1L & BONisan, 1'L. ) --5 to cr) c: c: c: cr) 0 CD . • CO CN CO C.1 (6 0 CO E CN a) .c THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Portion of Folio: 01-3207-040-2510 Address: 7126 Biscayne Blvd. Owner: 7126 Biscayne LLC. Legal Description: The South 45 feet of Lot 4, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 2,250 Square Feet, more or Tess. ...-..Av r. mr..:r.,.�-s.�^t..t..�:.r.�.-,_tea•^.: ;, -:e:,. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE _ SEEN AT THE END OF THIS DOCUMENT. (, a) c m c) H O O O 0 a) co M O CO U cc 0 O O N LL Y E t6 a.+ Q M,TCHEL:. BIERMAN, P.A. N.NA L. BON SKE, P. A, MIrCHEL. J BURNSTEIN, PA. JAMIE ALAN COLE, PA. STEP'HEN J. HELFMAN, PA GILBERTO PASTORIZ.A, PA MICHAEL S. POPOK, P.A. JCSEPH H. SEROTA, PA, SUSAN L TREVARTNEN. P_ A. R:CHARD JAY WE'SS. P.A. p AV. D M. WOLPIN, P A. DAN:EL L. ABBOTT LILLIAN M ARANGO GARY L BROWN JONATHAN M. �OHEN IGNACIO G DEL VALLE JEFFREY D. DECARLO ALAN K. FERTEL CHAD B. FRIEDMAN ALAN L, GABR.EL DOUGLAS R. GONZALES EDWARD G. GVEDES JOSEPN NESNANDEZ ROGER S. KCBERT JOSHUA D. KRUT MATTHEW H. MANDEL JOHN J CUICK ANTHONY L. RE_tO BRETT.1. SCHNEiDER CLIFFORD A. SCHULMAN MARC SOLOM::N LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN PA.STORIZA COIL & Bow ISiE, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIAB. L'TY COMPANY I NCLUOING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES. FLORIDA 33134 TELEPHONE 305-854-OBOO FACSIMILE 305-854-2323 WWW. WSH-LAW.L:.0M ERCWARD OiFICE 200 EAST BROWAP.D BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 ELE0HONE 954-763-4242 • FACSIM LE 954-764-7770 \1r. Francisco Garcia Director Department of Planning & Zoning (`it\ of kliarni I 444 SW 2I'1.-venue. 3`'' [door .Miami. FL 33130 •OF COUNSEL January 14, 2014 Re: Amendment to the Iklianii Comprehensive Neighborhood Plan (the "Plan") and a change in Transect Zone (the "Rezoning") Dear \Ir. Garcia: SCNJA C. DARBY BROOKE P. DOLARA RAQUEL ELEJABARRIETA• DANIEL A. ESPINO ERIC P. HOCKMAN KELLY RAINS JESSON KAREN LIEBERMAN' JUSTIN D. LUGER JOHANNA M. LUNDGREN MIA R. MART!N ALEIDA MARTINEZ MOLNA• KATNRYN M MEHAFFEY RCSERT A. ME"ERS• MATTHEW PEARL MARC C. PUGLIESE• CARLOS M. RODRIGUEZ' GAIL D. SEROTA• ALISON F SMITH• ANTHONY C SORCKA EDUARDO M. SOTO PABLO A. TAMAYO JOANNA G. THOMSON PETER D. WALD++AN• ALICIA H. WELCH SAMJEL I. ZESKIND Our tirm represents 7100 Biscayne EEC ("7100 Biscayne"). 7120 Biscayne LLC ("7120 Biscayne-') and 7126 Biscayne LLC (.'712e Biscayne"). 7100 Biscayne is the owner of the property ledaily described in the attached Exhibit "A" (the "Overall 7100 Property"). 7120 Biscayne is the owner of the property legally described in F,xhihit `'A: (the "Overall 7120 Property"). 7126 Biscayne is the owner of the property legally described in Exhibit "A" (the Overall 7126 Property")- The Overall 7100 Property, Overall 7120 Property and the Overall 7126 Property shall be collectively referred to as the -"Overall Properties". The Overall Properties lie on the west side of Biscayne Boulevard.. north of 71 Street. The Overall Properties have dual land use designations and dual transect zones. The portions of the Overall Properties fronting Biscayne Boulevard are designated Restricted Commercial in the Plan and have a Transect Zone of 15-0. The rear portion of the Overall Properties are designated Duplex -Residential in the Plan and have a Transect Zone of T3-I.. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. c.> m O O O 1- 0 N CO O CO 1. O CO O u_ c E s U Ia r \Ir. Francisco Garcia January 14, 2014 Pa 'e'2 t he owners wish to amend the Plan and Rezone the properties. The amendment to the Plan. will be from Duplex Residential to Low Density Restrictive Commercial and rezone from T3-1. to 'i 4-L. The legal description for the properties to be rezoned is attached as Exhibit (the "Properties') The proposed Plan Amendment and Rezoning will allow for a more efficient and feasible use of the Ov erall Properties with parking and accessory functions occurring on the Properties better serving the portion of the Overall Properties fronting Biscayne Boulevard. Also. please note that the proposed request swills serve as a gradual transition from the Biscayne Boulevard f5-corridor to the residential neii hborhood to the west. This transition will be totally contained within the Overall Properties. Miami 21 Section 7.1.2.8 c2 (e) analysis. The City has designated the area where the properties are to be located as the Miami \lodern (MINK)) Biscayne Boulevard historic district (the "District). The property owners in the area are trying to bring hack the old classic character on the District with new construction, and,'or remodeling existing structures. The T3 properties in question immediately abut the rear of the T5 properties abutting Biscayne Boulevard. The depth or these Biscayne Boulevard properties is not sufficient to effectively provide parkiinl and. -or amenities necessary to resurrect the MINI° district. The T3 properties would serve that purpose but unfortunately parking andior the necessary amenities are not permitted. therefore, keeping the T3 transect zone thwarts the intentions of the creation of the MINI° district. Rezoning these properties to 14 will accommodate the parking and necessary amenities promoting the spirit of the \1I\-10 district. Additionally, the gradual transition from 15 along to Boulevard properties to the T3 on °he west is best accomplish by the T4 rezoning which occur on properties in between these two districts on properties owned by the applicant which now have T5 and T3 zones. These applications comply with the successional zoning requirements of Section 7.1.2.8 c of Miami 21. The requirements of Miami 21 Section 7.1.2.8 c are also complied with by the inclusion of the proffered [`nity of Title and Declaration of Restrictive Covenants in Lieu of l.'r.ity of Title. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. WEISS SEROI'A I-IELF'MAN PASTORIZA COI.i: & BONISKE, P.L. Mr. Francisco Garcia January 14. 2014 I'gc 3 \Vc look forward to your favorable review of these. applications. Please do not hesitate to contact the undersigned if you have any questions or require additional inCotinlation, GPims Attachments 2688001 Vcr;: truly vol.irs, Gilberto Pastoriza Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. WEISS SERO. A HELFMAN PASTORIZA COi.it: 8c BONISKE, P.I.. Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71sT STREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2510 Address: 7126 Biscayne Blvd. Owner: 7126 Biscayne LLC. LEGAL DESCRIPTION: LOT 3, IN BLOCK 20, AND THE SOUTH 50 FEET OF LOT 4, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAM1-DADE COUNTY, FLORIDA, AND A NON-EXCLUSIVE RIGHT OF EASEMENT FOR INGRESS AND EGRESS FROM N.E. 72ND STREET TO THE SAID LOT 3, OVER AND UPON THE EAST 10 FEET OF THE WEST 15 FEET OF LOTS 1 AND 2, IN BLOCK 20, OF FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 0 CO 0 N m O O O ti c 0 N CO CN O N CO 0 cc 0 co O N ir. 4-. E 0 co THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. , -- —' _..) AND LESS THE SOUTH 5 FEET OF THE NORTH 100 FEET OF LOT 4, IN BLOCK 20, FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AS RECORDED IN ORB 22697 PG 534. CONTAINING APPROXIMATELY 9,753 SQUARE FEET, MORE OR LESS. m ca co 0 0 ti O N co O CO M a) 4 O CO O N a) d E f0 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ta0) V': J Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 71't St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately Era 7,650 Square Feet, more or less. U O Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. a, Owner: 7120 Biscayne LLC. 0 cu Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami- co Dade County, Florida. Containing approximately 3,000 Square Feet, more or less.., N CO Portion of Folio: 01-3207-040-2510 m Address: 7126 Biscayne Blvd. Owner: 7126 Biscayne LLC. 'o 0 Legal Description: The South 45 feet of Lot 4, in Block 20, Amended Plat of Federal Way, co M according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami- Dade County, Florida. Containing approximately 2,250 Square Feet, more or less. a) ii 4- c a> E U a+ a+ Q THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. /;_, �.J REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): 7100 Biscayne LLC, and 7120 Biscayne LLC, 2. Subject property address(es) and folio number(s): See attached Exhibit "A" 3. Present zoning designation(s): T3-L Proposed zoning designation(s): T4-L Per Miami 21, Article 7.1.2.8. c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. See Letter of Intent One (1) original, two (2) 11x17" copies and one (1) 81/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owners) 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 appi.cable. 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? 10,650 sq. ft./.24 acres Rev. 07-2.013 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE `a SEEN AT THE END OF THIS DOCUMENT. (N Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? Provide a selfcontained buffer between the Biscayne Boulevard frontage and the residential properties to the west. 9: 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 3r1 Floor for information. Mimo District 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3s° Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: 1 Planning, Zoning and Appeals Board 30 minutes and/or CI City Commission 30 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R. T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) $ .50 $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 O, T6-48 O, T6-60 0,, T6-80, Cl-HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting pack ,ge iling fee per package $ 1,500 00 $ 150.00 $ 4.50 $ 6.00 *Fees over $ S, OQ O,,-,s.haffydie aid ir�tL2 r rr t re certified check, cashier's check, or money order. S ig nature Name Gilberto Pastoriza Telephone (305)854-0800 Address 2525 Ponce de Leon Blvd.. #700 Coral Gables, FL 33134 E-mail Coastoriza wsh-Iaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this t day of , V n �OC-`t-`C 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC and 7120 Biscayne LLC, a Florida limited liability company. He/She is personally knawri.to me or who has produced as identification and who di (did not) take anAath. (Stamp) Rev, 07-2313 MARICYN SGMODEVJLA MY COMMtSS,ON :E �Fa; EXPIRES' Serte: De, 3 ncet; F:.. ,*fair 44.2; Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT I5 A SUBSTITUTION TO �rr ORIGINAL. BACKUP ORIGINAL CAN BE t SEEN AT THE END OF THIS DOCUMENT. �` G� G Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 71't St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately 7,650 Square Feet, more or less. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or less. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE ` SEEN AT THE END OF THIS DOCUMENT. `�.. m d u y O O O c .c 0 H C.) 00 M O CO u c f0 0 co M O 0 LL 4- d L u td rr REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day. the undersigned personally appeared Gilberto Pastoriza , who being by me first deposes and says: 1. That he/she is the owner or the (eclat 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, ID including or ❑ not including responses to day to day staff inquires. 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. Gilberto Pastoriza Applicant(s) Name , Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 9 day of W-ti"t 2014, by Gilberto Pastoriza who is a(n) individuallpartnerlagent/corporation of 7100 Biscayne LLC, and 7120 Biscayne LLC, a Florida limited liability company. He/She is personayvn to me or who has produced as identification and who did (did Qpt) take an oath. (Stamp) Signature Rev. C7-2C l3 MARILYN SCMOOEVILLA AI , MY COMM!SSI4N E y511532 EXPIRES: Saplamber 2C15 P,cadai Thv Boot Notary Sfrdm THIS DOCUMENT IS A SUBSTITUTION TO -- ORIGINAL. BACKUP ORIGINAL CAN BE ( j SEEN AT THE END OF THIS DOCUMENT. l Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7100 BISCAYNE LLC. a Florida limited liability company (the "Company-'"), that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on '-1 at the offices of the Company. RESOLVED that the Company consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7126 Biscayne Blvd.. Miami, Florida, (the ..Applications"); and the filing of all necessary documents, necessary- to the tiling, including Unity of Title and Declaration of Restrictive Co\ cnants in Lie of [ nitti oi' 1 isle; and he it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf of the Company, FURTHER RESOLVED that Gilberto Pastoriza, L:sq, and the law firm of Weiss Scrota Helfman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Darted this 1 day of STATE OF FLORIDA COUNTY OF MIAM1-DADS .2014. 7100 BISCAYNE LLC, a Florida limited liability company 3 1 ,11 Todd Leoni, Manager 11IEREI3Y certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni. as Manager of 7100 Biscayne EEC, a Florida limited liability company to be well known to he the persons) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this A,D., 2014. SIGNATURE OF PERSOI ll ayof5'��`� r ' ` MARL tN SOCEVI1LA Y� � MY MO rK C:MMISSICN : EE 116532 EXPIRES: &Venter 13, 2015 tiod r,' Nu Dudy,el NcOrf Seale, FAKING AKNOWLFDGEMEN [ lamp) Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFIED COi1PA Y RESOLUTION The undersigned hereby certifies that he is the manager of 7120 BISC.AYNE LLC, a Florida limited liability company (the "Company"). that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on v� A' 1 "tl C ' . at the offices of the Company. RESOLVED that the Company- consents to and joins in the tiling with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7120 Biscayne Blvd., Miami, Florida, (the "Applications"). and the filing of all necessary documents" necessary to the tiling, including Unity of Title and Declaration of Restrictive Covenants in Lie of Unity of Title. and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalfof the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law iron of Weiss Scrota Iicifinan Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal. and that said resolutions are in fall force and effect and have not been modified or rescinded. Dated this ' day of STATE OF FLORIDA COUNTY OF MIAMI-DADE , 2014. 7120 BISCAYNE LLC, a Florida limited liability company Todd Leoni, Manager 1 HEREBY certify that on this day before me, a Notary Public duly authorized in the stare and county named above to take acknowledgement. personally appeared Todd Leoni, as Manager of 7120 Biscayne EEC. a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this day of-✓°'-"7 A.D., 2014. • V n r t SlGNATt'RF- OF Pf-4I: tSON TAKING A"OWrIED.GLYYLN r is a iti)1:4 : ('ECG J: l� 13, .�.., bcr.Aaa T, SQ.* tkgrj Semco Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7126 BISCAYNE LLC, a Florida limited liability company (the "Company"), that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on Li. at the offices ofthe Company. RESOLVED that the Company consents to and joins in the tiling with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7126 Biscayne Blvd., Miami, Florida, (thc "Applications`); and the filing or all necessary documents, necessary to the filing. including Unity or Title and Declaration of Restrictive Covenants in Lie of Unity of Title; and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and alt documents on behalf of the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of Weiss Serota Ilelfman Pastoriza et al, are authorized, directed and empowered to execute any and all applications. petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this fldav of STATE OF FLORIDA ) COUNTY OF MIAMI-DADE 2014. 7126 BISCAYNE LLC, a Florida limited liability company Todd Leon'. tanager 1 HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni. as Manager of 7126 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrtunent and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this A.D., 20141. t.--)day. SIGNATURE OF PE Z s6N TAKING AKNOWLFDGEMENT (stamp) SCINACCF` ILEA ^1;ry��t;c;TIN i �2 v' E/Prr'IES.. Sa,turiber k-o ITN 3, 1y?t tku 4 ;acsce> Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza , 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. 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, I:3 including or 0 not including responses to day to day staff inquires. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, to+ephone 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. Gilberto Pastoriza Applicant(s) Name „, - --Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 4--1 day of `'‘2\4`\)'—`--...-1.---1 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC. 7120 Biscayne LLC. and 7126 Biscayne LLC , a Florida limited liability company. He/She is personally known to me or who has produced as identification and who did T3Td nTT) take an oath. (Stamp) Signature MARLYN SCMCOElit.li MY cOMWSS1.:N $!E 116 .2 EXP!RE : S p ri e' 13. 205 -,f wna'-^rt 3,d;Et War.", ri Jei.'ce5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts. 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) 7100 Biscayne LLC, and 7120 Biscayne LLC are all owned by Todd Leoni Percentage of Ownership 100% Subject Property Address(es) See attached Exhibit "A" 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): 7000. 7010, 7020 Biscayne Blvd. these Properties are owned by 7000 Biscayne LLC. which is 100% owned by Todd Leoni Gilberto Pastoriza Owner(s) or Attorney Name Legal Description(s): Owner(s) or Attorney Signaturte- STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this t 9 day of WI. 4T`C...- 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC. and 7120 Biscayne LLC. a Florida limited liability company. He/She is personally known to me or who has produced as identification and who did (did no take take an oath. (Stamp) Signature - Rev. D7-2013 MARILYN SC.'A'GDEb9LLA at: MY COMM13, ON t EE t 16532 EXPIRE' Septemb€r 13, 2315 g.,^de, Th03<„ t...1c;arySenrc s Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE 1 L(0 SEEN AT THE END OF THIS DOCUMENT. Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. m Folio: 01-3207-040-2690 R Address: 565 NE 71'` St. Owner: 7100 Biscayne LLC. 0 LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 °; FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT c THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, o FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS.cc Folio: 01-3207-040-2701 0 M CN Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. v M LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, c TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N,E. 71sT STREET TO 0 PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS co SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. N THIS DOCUMENT IS A SUBSTITUTION TO �� ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. �� �, This instrument prepared by and after recording rerun to: Gilberto Pastoriza, Esq. Weiss Serota He(fman Pastoriza Cole & Boriske, P.L. 2525 Ponce de Leon Blvd.. Suite 700 Coral. Gables, FL 33134 DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL ME BY THESE PRESENTS: That 7100 Biscayne LLC, and 7120 Biscayne LLC, (" Owners") hereby make, declare. and impose on the land legally described on Exhibit "A" attached hereto (the "Properties") the covenants running Nvith the title to the lard set forth herein, which shall be bending on the Owners, all heirs, successors and assigns, personal representatives, mortgagees, lessees and against alI persons claiming by, through or under diem. WHEREAS, Owners hold fee simple title to the Properties; and WHEREAS, Owners may wish to convey portions of the Properties from time to time and this instrument is executed in order to assure that the phased development of the Properties with future ownership xvill not violate any subdivision or Zoning requirements of the City of IvIiarni; NOW, THEREFORE, far valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owners hereby agree as follows: 1. Limit the T4 L property as legally described in Exhibit "B" to all uses permitted under T3 and only surface parking under the T4-L uses. 2, At the time of the building permit, the T4-L property shall comply with ail i�liatni 21 regulations, including Section 9.7. 3. In the event of multiple ownership of the Properties, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this instrument; and Owners will not convey portions of the Property to such other parties unless and until Owners and such other parties shall have executed and mutually delivered in recordable form an instrument to be known as a "Declaration of Restrictions and. Reciprocal Easement Agreement' which shall contain, among other things, the following: (a) Easements in the common area of each parcel for ingress to and egress from the other parcels. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) (h) Easements in the common area of each parcel for the passage and parking of vehicles. (c) Easements in the common are of each parcel for the passage and accommodation of pedestrians. (d) Easements fir access roads across the common area of each parcel to public and private roadways. (e) Easements for the installation, use, operation, maintenance, repair, replacement, relocation or removal of utility facilities in appropriate areas in each such parcel. (f) _Easements —en--e ch parcel - for construction of—build-ngs - and improvements in favor of each other parcel, O Easements upon each parcel in favor of each adjoining parcel for the installation, use„ maintenance, repair, repla:ernent and removal of common construction improvements such as footing, supports and foundations. (h) Easements on each parcel for attachment of Building. (i) 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. (1) Appropriate reservation of riahis to grant easements to utility companies, (k) Appropriate reservation of rights to road rights -of -way and curb cuts. (1) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads. (m) 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. These instruments or portions may he waived it' approved by each of the directors of the Pubi is Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees, if the provisions are inapplicable to the subject property. in addition, the instruments shall contain such other provisions with respect to the operation, maintenance and development of the property as the parties may agree. Such provision may be THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE —� SEEN AT THE END OF THIS DOCUMENT. (` Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) modified or amended by such parties (or the applicable association governing such parties) without approval or joinder by the directors, or their designees, if it will be constructed, conveyed and operation in accordance with an approved site plan. The multiple, owners may, by mutual agreement, allocate among themselves and the parcels owned by them, setbacks, parking, open space, floor area and similar governmental requirements, and these allocations shall be honored in connection with requests for future site plan changes. 4. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which time it .shall be extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subject property over which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications, amendments, or releases, joinder is required by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees to execute the instrument of amendment, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the property for the purposes herein intended.. 5. The provisions of this instrument may be amended, modified, or relcascc by a written instrument executed by the then owners of the Properties, provided sane is also approved by the City Attorney. Should this instillment be so amended, modified or released, the directors of pubic works, community planning and revitalization and building and zoning of the City of Miami, or their respective designees or successors, shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release. 6. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants. The prevailing party in anv action or suit pertaining to or arising out of this Declaration of Restrictive Covenants 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 tiie services of its attorney, This enforcement provision shall be in addition to any other remedies avaiI,Ne at taw, in equity or both. 7. 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. 8. This Declaration of Restrictive Covenants in Lieu of Unity of Title shall be recorded in the Public Records of Mianii-Dale County, Florida, at the Owner's expense. 9. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anv one or more shall neither be deemed to constitute an THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ( Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) election of 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 IV WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the day and date first above written. WITNESSES: (as to 7100 and 7120 Biscayne LLC) Print Name: 7100 BISCAYNE LLC, a Florida limited liability company By: Print Name: Todd Leoni Its: Managing Member 7120 BISCAYNE LLC, a Florida limited liability company By: Print Name: Todd Leoni Print Name: Its: Managing Member STATE OF FLORIDA) SS: COUNTY OF 'DADE ) The foregoing instrument was aek:u>wledged before me this day of , by Todd Leoni, as managing member of 7100 Biscayne LLC, and 7120 BiseayTle LLC, a Florida limited liability company, in the capacity afcrestated; such person is (check one) [ } personally known to me or [ ] has produced as id-entification. 4 NOTARY PUBLIC PRINT NAME My commission expires: (Seal) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2 690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately 7,650 Square Feet, more or less, Portion of Folio: 01-3207-040-2701 Address. 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida, Containing approximately 3,000 Square Feet, more or less. THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (1. m CCS 0 N 0 0 0 a) 0 N C) CO O N N CO C) 0 t6 0 co M O N C1 C) LL i.i C) E L 0 t6 w w Q Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAM1-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LE55. Folio: 01-3207-040-2690 Address: 565 NE 71'` St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 83 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAM1-DADS. COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71sT STREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMA IELY 10,497 SQUARE FEET, MORE OR LESS. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE, SEEN AT THE END OF THIS DOCUMENT. JOHN MARRA & ASSOCIATES, INC. Pita lesalonal Land Surveyers'illI4P9ara— yoa• n.r J0•11011.0.- 0•0.0 Form 0 rs ro SKOV INC I. (KA 0 04 014 AI. 417.11441111.4410.49 7011 Asa114.1111” 0110101161600•01, •.12164,00160*PITIS 011•410 11‘01450 1•4•10 0 0 101.010•0,4. n. \ a ro0 0010014141004.010 Boundary Survey nia rind r t I nrPr.fr' 'rdlt • 10.0•O .• 0 0 Tint aticknr "yr. •00. ./.• • to• J.0 , • . z • 4. ,„ • omaaacscaat 14 SO "11,011‘11M"IneWal 01.0a • S•11141, WWW.97 111 MOW, .00,..00.0000;:••=t7 4,511111.,. NI1l. 0100Cii— •••• 0••••••••••• .0.00 44011•4444 414444441442 41.*4141k. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) SEEN AT THE END OF THIS DOCUMENT. JOHN 1I3ARRA & ASSOCIATES. INC. 1,rof..9lonul i, Ol,tl SurvoNO/M Q M.pp rtl ass >V,MyY •M M•• a I VP moron, tilt Minn' POOTID nµiQ as In.0 INGvtNRES i0ON OFlONFO ' NPR .aN Boundary Survey wF rnN 3 iit i • mot' rA 6: �t 7 saw 7_ GRAPHIC SCALE 1111_11 l �7► 1■ - ... mien. .. Hi we '17.77.411- n - MIT wY.v••.n n:,. MSS ANON *No Nry: VF iit4 SyWlii nem ,aroo NOW NO THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) SEEN AT THE END OF THIS DOCUMENT. JOHN !BARNA & ASSOCIATES, INC. P,ut.ssional Land Surveyors • Mnppera Boundary Survey Mk." p.+Yrnu aVa.rkW4n :S ro SNOW nK tot:erhW.0o PL. IR/.Uv/ O£ 11.104a,.. RtS/ N.OY/ N410 M!/Y40444:,4 ITO IOR IIY**.I&WAI 1.0 N[ 7240 S rm gi tie 77/t STREET . flr I0W nrRq w-.- a .a A .•7 GRAPHIC SC4LE Tgf Imo II11/11111111m 1111l1 II 111 IIIF• u IM 111■ Si al ii/t•i b r.•s. :e eaN' MOO ._..1,µ 64N.. _. MY HMO {Ru O.yn.w Z13rnw wwi.tiniCi+�lw in»afN+ ww+G THIS DOCUMENT IS A SUBSTITUTION TO Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. oth jti,rits1 AUk & Atit, 444,, and thovvymm6 1,4411.1.110 it\ Boundary Survey ror $4.1,cr $i SW. i .1,41 Wei MO re 4.110,44." 1.6 Oa itsIIIEC't 9' 'oat 10.1.1ArD 01.0,4111.4111 MOM 019ISO MO MOW, r C — 11 10, r.'• °du — .r... ,rsfa./a ..\.. r, • \ l'st nes, S'rk“,, Ntxtcri Cso I- 4 • 4. L1.1.111,111 1 1L I .H. c. FTi ITT! Tr I ti °Ilnttc.:" , • • ID 1.• ' INNIIINNAN 6,114AVIC SCALE oat :Zder Zrolt:r4SIZ Nr .111001.1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) SEEN AT THE END OF THIS DOCUMENT. 11„ 1,Alt 4,4 TO4 I44 .$144. 4 ,.L.414 :44,144 lea, 4,744 4.64.4544, OM „V4.014,..44 Ole...144 B(nindary Stin-er 1.141.4,4C SCA, 41 ;1111.1 1111 riig I it r _1 1 [177; Lir THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) SEEN AT THE END OF THIS DOCUMENT. TtiiS 2.;STa ;M?ENT Pei EPAR2D 1Y: RECORD AND RETURN TO: H.>3>_'?'Sw't� .,'_E4. �F .._l,5 ?,u,'. LSAT_: Todd Lccru P.O. Box 38.703 :Yi inln i F:crtda 3323 8 w tR2AN?Y DEED -t HIS WARRANTY" DEED, trade this %' day of 1 ` Q r-'`.49-1 201.3 by Ty A PALMS, MS, LNC, A Florida Corpi;raticn hereinafter ended garner, to 713C 3::;cayne• LLC. A Florida Limited Liability Company hereinafter called gr1;tec, whose pcsc office address is P.O. Box 331703, Miami, F.oricia 33233. WIINESSETH:'1tat the granter, for and in consideration of the sum of TEN DOLLARS (S 10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, eactveri and confirms unto the zranrce, all that certain land situate in Mam -Dade County, Florda, viz: Folio4: 01.3207.040.2710 Add:oss:7i00Biscayne Word, Miami, Florids33138 Legal Description: ALL OF LOTS 24 AND 25, L`, 3L0C1( 20, OF FEDERAL WAY, ACCORDING TO T:-;ID PLAT OR MAP THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 1.6. OF THE PUBLIC RECORDS OF :MIAMI-D ADE COUNTY, FLORIDA Folio 4: 01.3207.040.2690 Address: 565 NE 71" Street, Miami, Florida 33133 Legal Description: THE SOUTH 35 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 35 FEET OF I.O'r 22, P_ti BLOCK 20, OF FEDERAL WAY :AMENDED, ACCORDLNG TO THE PLAT OR \L\P THEREOF, AS RECORDEDPLAT BOOK 25, PAGE 6 OF THE PUBLIC RECORDS OF JfIAbL-DADE COUNTY, FLORIDA; Taxes for the year 2012 and subsequent year:, which are not yet due and payable. 2. Zaninz, restrictions. prcaibeitationa and other requirements :reposed by gove.narnental authority: restrictions and rnat2r appearing on the p'ac ,:th nwi.ie com uon tc the iubdivision and public utility easements of record, without without the intention of reimposing the same. TOGET{{ER Nit:: all the terernentc, m.an , and appurtenances thereto bei,ingirg or in anyappertaining. TO I t AVE AND TO HOLD, the same in fee si::p`:e Comer. AND the said z-alitor does hereby tittiy warrant the ?itta to said land and will defend the saine against the lawful claims of all persons w ornscever. D' WITNESS S WT-TF REJF, the said grantor hereunto se: its hand and scsI the day and year first above written. Sianed, seated and del:Neree in the presence of; Witr.ess Signature Print 1 a y�` Pnela J. Ca sraTir oFFt<,� .�-:t�la, wthles COLNTY OF MIAMI-DADE TN.A PALMS, EN , a Florida Cortscrati n Todd L ni, President P.O. Box 331703 Miami, Florida. 33233 The for going, instrument wss acknowledged, sworn to and sub 'or this _ day of 'CQ s gip I 2017. My Commission Expires: Prr oraliv K Type of Ident :cation P duced: Driver's er's License: Over. Cotrim .Lfor3 me by 4e� I en 'C ; 'Serial Number (if any) R Produced Identification THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 20' 3.. 1%.,..._ c t:' 2J 't Pa.,:._ �,r E 03.., `0..3 .-8 .. 401 CQC,' dC SuR`AX 0.45 THIS INSTR:,"MENT PRE?ARED 3Y. RECORD AND R`'i 1; RX TO: Todd Leoni P.O. Box 381703 Miami, Florida 13233 Wt4iU2°TYDE"D TITISWARRANTY DEED, made this day of Fryko"q{1 _,2013byTNaPALMS, INC. A Florida Corperation hereina.".er called grantor, to 7; 20 Biscayne LLC a Florida limiter liability companvhereinafter called grantee, whose pest ofC. e address is PO. Box 331703, Miauni, Florida 33233. «TTNESSETH: That the grantor. for and in consideration of :.he sum of TEN DOLLARS (310.0(1) anti other valuable consideration, receipt herecf is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the gullet, all that eertain ;and situate in Miami -Dade County, Florida. viz: Folio 4+:01.3207.3-10.2701 Address: 7120 Biscayne Blvd, 1L:ami, Florida 33133 Lcea! Description: LOT 23, LESS THE SOUTH{ 33 FEET THEREOF, A2tO FOR ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING THE PLAT THEREOF, AS RECORDED IN P`_ AT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEN1ENT PERMITTING ACCESS FROM N.E. 71 STREET TO PAR:LL' O LOT LOCATED WEST OF EXISTING BLUDINGS, TOGETHER WITH TTM IMPROVEMENTS SITUATE THEREON. Taxes for the year 2012 and subsequent years, which art not vet due and payable, 2, Zoning, restrictions, proltibitatiens sr_d other requirements imposed by governmental authority; restrictions and matters appearing on the plat ot!teraise common to the s d:divisicn and public utility easements of record, without the intention of reimposiva- the same. TOGETHER with all the tenements, hercditarierts and appur"enences taerete belonging or in arrywise. appertaining. LOHAVE AND To FOLD, the same in fee simple forever. AND the said g:.antcr does hereby fully wa.:ant die tit: to said land and will defend the same against the lawful claim3 of all persons whornsce', er. IN WITNESS % I IERECF, the said 'antor hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of; Witness Signature 1� . CasquilLa, wiw.es STATE OF FLORIDA COUNTY OF MIAMI-DADE T:VA PALMS, INC., a Florida Corporation Todd Leoni, President P.O. Box.331703 Miami, Florida 33238 iI The foregoing inse*!ment was acknowledged, swum to and subserii6 before me by t k on this` day of N-Q r j , 20115 My Commission Expires: NOTARY ?t2Rt,(C si Serial Number (if any) Personally Know( R Produced Identification Type al 1:1..ntification Prod er's License: Cher: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. TIItS INSTRUMENT Pic .P:MUD BY: R_:CORD ANL' R. TLit`t TO: Todd Lecri P.O. Box 381703 ‘tia[ri, Florida 33238 CA E 7347P2.: 3 1:i -]!: _. . , EC Ci:C SI,RTA( 3.. h''A-CAI "C W *t4R&' TY L1EED THIS WARRANTY DEED, made this Z % -2'day of r4.b r" f 2011 hy'TN.% ?ALMS, LNC..4 Florida Corporation hereinafter called armor, to 7126 Biscayne LLC a Florida limited liability company, hereinafter ca1ied }artcc, whose post office address is P.O. Box 331703, Miami, Florida +33238. WIT' ESSF,Ti-I: That the grantor, for and :n consideration of the sum of TEN DOLLARS (310.001 and other valuable consideration, receipt whereof is hereby acknowledged„ hereby grants, bargains, sells, aliens, remises, releases, conveys and corm unto the grantee, all that certain land situate in Miami -Dade County, Florida, viz: Folio I!: 013207.040.2510 Address: 7126 Biscayne Blvd, Miami, Florida 33 133 Le ,at Descripti :n: LOT 3, N BLOCK 20, AND THE. SOUTH 50 FEET Or LOT 4, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED LN PLAT BOOK 25, AT PAGE 6, OF TEE PUBLIC RECORDS OF V1IAMl-DADE COUNTY, FLORIDA, AND A NON-EXCLUSIVE RIGHT OF EASEMENT FOR INGRESS AND EGRESS FROM Y.E. 72Nu STREET TO THE SAID LOT 3, OVER AND UPON THE EAST 10 FEET OF THE WEST 15 FEFT OF LOTS 1 AND 2, IN BLOCK 20, OF FEDERAL WAY AMENDED, ACCORDING TO T'rM PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 5, OF THE PUBLIC RECORDS OF MIAM:-DADE COUNTY, FLORiDA.SH.-V_L HAVE THE RIGHTS HERELN GIVEN FOR ALL DEFAULTS. 1. Taxes For the year 2012 and subsequent years, which atv not yet due and payable. 2. Zoning, resuietions. prohihitatioas and other requirements imposed by governmental authority; restrictions and matters appearing on the plat otherwise common to the subdivision and public utility ease,rcnts of record, without the intention of reimposing the same. TOGETHER with all the ter.ements, hcrcd amcnts and appurtenances hereto belonging or in anywise appertaining. TO HAVE. AND TO HOLD, the same in fox simple forever. AND the said granter does hereby tally warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. PI \VTTNESS I IEREOF, the said 3 for :hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of Witness Signature, F:t;ieia J. CSasq +Ella, witness STATE OF FLORIDA COUNTY OF NfL4,VE-DARE TNA PALMS, LNC.a Florida Corporation By: ,,1 r Todd LT`oni, President P.O. Box 381703 Ntiami, Florida 33233 The tore going .monument panacknowledged, sworn to and-ubscribet'are me by4tr1A (..,►"r"S") l on this day of ?.> c •'-k�y( , 20\ j. My Commission Expires: I lion s ia1 Number (if any Personally' —CiI Produced Identification Tyre of Identification T .educed: Driver's License: Other: THIS DOCUMENT IS A SUBSTITUTION TO - ORIGINAL. BACKUP ORIGINAL CAN BE 1 31 SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) • CITY OFNIIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT C)R WITHHOLD OBJECTION The City of l\tiami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committ,es, to disclose at the commencement (or continuance) of the hearings) en 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, ice, commission, promise or grant of any money, property, service. credit or financial assistance of any kind or )altte, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Gn,.i‘ )dual: retained or employed by a principal as a lotbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its hoards, authorities, agencies, ies, councils or committees solely in the capacity old lobbyist and not as the applicant. or owners' legal representative are not required to fill out this form. \\1L"` Pastoriza ' Gelb_ _.. (FPrst Noire; Middlel (t.ast Name) HO€\il".1rmRFss. Weiss Serota Heitman Pastoriza Cole Boniske, P.L. C'IT! (Address Line 1) 2525 Ponce de Leon Blvd., Suite 730 (Adi.iress Line 2) Coral Gables STATI . Florida ZIP 33134 HOMEPF(t)\E: (.3 ) 35 3300 CELL. PHONE: FAX: (31:5) 8'34-2323 EMAIL: cpastor-iza Pwsn-law. com BOSSINESS or APPLICANT or ENTITY NAME 7100 Biscayne LLC BLSINLSS ADDRLSS: c/o Gilberto Pastoriza, 2525 Ponce de Leon Blvd. , 4700 (Address Lire 1) Coral Gables, FL 33134 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning & comprehensive plan ..v_ 563 NE 7 55reet, 7120, 7123 Biscayne Blvd., and 372 NE 72 S`reec . 2. Ilas any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? ] YES 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. Pax Vo.. S,../ THIS DOCUMENT IS A SUBSTITUTION TO y-- —� ORIGINAL. BACKUP ORIGINAL CAN BE /t SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) 3. Please provide the name, address and phone number of the persons) or entities to whom consideration has been provided or committed. Name Address Phones a, N/A c. * Additional names can he placed on a sc2arate page attached to this form. 4. Please describe the nature of the consideration. N/A 5. Describe what is being requested in exchange for the consideration. N/A ACKNOWLEDGEMENT 01 COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or cis il penalties that may he imposed under the Cite 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 -Ole same issue -shill be reyiesad or considered by the applicable board(s) until exir<ation.ofla period over after'hem-- nullification of the application or ordeE._y ----'-- r PERSON SUBMITTING DIS(l OS('Rl : 3 b+ynatuse /: Gilberto Pas oriza Pont Name S'.rrru to zr77(1 stsisCr;lzt.'d lJc;srr,' thi.; Lk %r� _'i)1 77n ir,•Tnii7 M rrur e't sr,rs' ,nAumriedgnC,1 h,'}hr.• ur:. hr day' -�'-� �_ „,ho has p,oJtrc,,LI STATE OF FLORIDA CITY OF MlA\dT MY COMNIISSION IXPER ES: a.c itlrnukraln o a , /-n,. is p rs,rttu(.`r t0 MC ant/ irHv 1(11 1 n(I takil. an serf;. %L'i�/� c./1 1L t Notar3 , ,Y AG,o MARILYN SGMC fri�tl a f ;tyEECEW(LLA3tl".'`3 3aoten 13, 2atvt3 e n� 3Uige! NCere Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. `--� City of Miami Legislation Ordinance City Hal; 3500 Pan American Drive Miami, FL. 33133 www.miamigov.ccm File Number: 13-01.259zc Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 AND 7120 BISCAYNE BOULEVARD AND 555 NORTHEAST 71ST STREET, MIAMI, FLORIDA: MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Miami Planning, Zoning and Appeals Board. at its meeting on April 30, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-034 by a vote of ten to zero (10-0), item no. 9, recommending APPROVAL of the Zoning Change as set forth, and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general NAte;fare of the City of Miami and its inhabitants to grant tris change of zoning -classification as hereinafter- set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from "T3-L" to "T4-L", for the property located at approximately 7100 and 7120 Biscayne Boulevard and 565 Northeast 71st Street, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of,a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article'', or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption hereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1) City of !Wand Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Page I of 2 File Id: 13-01259zc (Version: 2) Printed On: 6/13/2014 File Number 13-01259zc APPROVED AS TO FORM AND CORRECTNESS: VIrtORIA MENDEZ CITY ATTORNEY / /71 Footnotes: {1 } This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 1 of File Id: 13-01259:c (Version: 2) Printed On: 03/2014 Attachment: File ID 2038 - Ordinance 13482 (2038 : Rezoning - 7000 Biscayne Blvd) Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24AND25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC, LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71sT STREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS, co m m 0 0 0 r- 0 N 0 CO 0 N CO M u _ O CO O 0 LL _ d E V ro THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. SUBSTITUTED D unabl entitl These d the Office o Miami Office o be distribute Planning and Z Mee 2038 —Ordinance 13482 to technical difficulties, we were to upload the backup documents "2038 —Ordinance 13482". uments will be available at the City Clerk, the City of Hearing Boards, and will t the May 25, 2017 ing Commission t g.