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Home My WebLink AboutAppeal DocumentsBilzin Sumberg Javier F. Avind Tel 305-350-7202 Fax 305-351-2275 javino@bilzin.com January 2, 2020 HAND DELIVERED Ms. Olga Zamora Chief of Hearing Boards City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Appeal of Mural Permit #18-0041 / 70 NW 37th Street Dear Ms. Zamora: Pursuant to your request to bifurcate our appeal filed on December 13, 2019, on behalf of SET Midtown, LLC ("SET"), the owner of the property located at 78 NW 37th Street in the City of Miami (the "City") and pursuant to Section 62-616 of the City Code, this letter constitutes a formal appeal of the issuance of Mural Permit #18-0041 (the "Permit") to Becker Boards Miami, LLC ("Becker"). The appeal filed on December 13, 2019, attached, appealed the qualified applicant status of Becker and the issuance of the Permit. As the City processed that appeal as only an appeal of the qualified applicant status, this constitutes our appeal of the issuance of the Permit. This appeal incorporates all arguments made regarding the issuance of the Permit contained in the attached December 13, 2019 appeal, and letter and exhibits provided to the City on September 26, 2019, which outline in detail the grounds for revocation of the Permit. A complete appeal package, including a receipt for the paid invoice, is attached to this letter. Sincerely, Javier F. Avino JFA Attachments MIAMI 668125 6.1 84202/87949 Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor, Miami, Florida 33131-3456 Tel 305.374.7580 J Fax 305.374.7593 I bilzin.com Department of Finance Online Payments Receipt Your Reference Number: 2020002001-60 01/02/2020 10:42:58 AM Web_user Transactions If you have a Transaction ID, please click here 2020002001-60-1 Trans ID: 662218 Business Name: COM Fee Payment $800.00 Fee Name: APPEAL — MURAL (PERMIT PROPERTY SPECIFIC OR QUALIFIED APPLICANT) Fee Payment $67.50 Fee Name: PUBLIC HEARING - LU POLICY 1.5.4 Fee Payment $9.00 Fee Name: PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT Fee Payment $378.00 Fee Name: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS Fee Payment $1,500.00 Fee Name: PUBLIC HEARING - ADVERTISING Total Amount:$2,754.50 Visa Credit Sale Card Number: ************2591 First Name: phillip Last Name: sylvester Payment $2,754.50 $2,754.50 Set Midtown LLC I Phillip Sylvester, as Manager of Set Midtown LLC, authorize for the firrn of Bilzin Sumberg to an appeal of the City of Miami's mural decision on behalf of Set Midtown LLC. Dated: December 13, 2019 Note: Annual Registration Expires on 12/31/2019 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Holtzman Gerson, Elise (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES Li NO Business Phone: 305-350-2402 Email: egerson©bilzin.com (you must check YES or NO) Business Address (include Zip Code): 1450 Brickell Ave., 23rd Flr., Miami, FL 33131 (2) Principal Represented: SET Midtown, LLC (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 3801 Collins Avenue, 606, Miami Beach, FL 33140 (3) t t..1D IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEV:THIECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist mug -disclose the dame and business address of the chief officer, partner or beneficiary of the corporation, partnership or p3rst, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5°/t Pwnership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section lnot awflicable you must type or print "None" or "N/A". Phillip Sylvester-3801 Collins Ave, #606, Miami Beach, FL (4) Specific issue associated with lobbying. Describe with acimuch detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2019). Mural permit Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 06/19) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". n/a Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is Left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis, Each lobbyist ,shall, slate duty (it dew akar sselstarlag as a 'lobbyist, submit tits Oleos of the City Clerk a certilleste of *s piati m of ale tikes :egsnia:a led by tits bilsed-Dade Co.mty Commission am Ethics & Public Trust ("Mks C®ga tho&3). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as amended. 7 STATE OF Florida COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me this ; Signature of Lobbyist=;': W day of A:).0-e-Q_YY\--12-1-* (Name o#.I?erson ,aking statement) Personally Known: i L- I OR Produced Identification: Type of Identification Produced: Name of Notary Typed, Printed or Stamped .(PL''NOTARY +P �,••.°°ComiesioniGG208272 r Epires gay 24, 2022 clop* Ybuerd5M swv0as FOR OFFICE USE ONLY: Check * ` 7r/ L % c ( ( 3 S Receipt CM-LRF (Rev. 06/19) Page 2 of 2 1 " c-c) Note: Annual Registration Expires on 12/31/2019 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Avino, Javier F. (2) (3) (Last Name, First Name, Middle initial) Are you a Principal of the corporation, partnership, trust, etc.? YES Business Phone: 305-350-7202 Email. javino@bilzin.com NO jjJ (you must check YES or NO) Business Address (include Zip Code): 1450 Brickell Ave., 23rd Flr., Miami, FL 33131 ,. rn - Principal Represented: SET Midtown, LLC y' (Name of corporation, partnership, trust, etc., you are representing •• fY • Business Address (include Zip Code): 3801 Collins Avenue, 606, Miami Beach, FL 33140 =:' IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE. PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable vou must type or print "None" or "N/A". Phillip Sylvester-3801 Collins Ave, #606, Miami Beach, FL (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2019). Mural permit Page l of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 06/19) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". n/a Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each . . aiueMr t;aisltT 40144113110errootiterlog tea lebbyiet, submit to ibe all w dr. tke• Ciity Clerk a certificate of compirflos of so oddest tootle offered by the kflemilbekt .Canty Cofleirlllleieo ole Etldca & Pebik Tract ("E&_ka CONINIIIINallie"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2- 58 of the Miami Code, as amended. STATE OF Florida COUNTY OF Miami -Dade ✓1� ignature bbyist Sworn to (or affirmed) and subscribed before me this t day of ¶ . P )M , \', (Name erson raking statement) Signietwo.aiNotary Public Personally Known: `'' I OR Produced Identification: r•= C IS�1'(4Z-- Type of Identification Produced: Name of Notary Typed, Printed or Stamped IBIS DIAZ * A'; oG 208272 Expkesa+y 24, 2022 em os thrYwirt loser wad FOR OFFICE USE ONLY: Check* LiCtC(233 Receipt* CM-LRF (Rev. 06/19) Page 2 of 2 rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1305.498.1614 December 12, 2019 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: List of property owners within 500 feet of: 70 NW 37 Street, Miami, FL 33127 Total number of labels: 84 I certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Signature Diana B. Rio I RDR Miami I Rio Development Resources Name or Company Name 305.498.1614 Telephone diana anrdrmiami.com E-mail OWNER'S NAME(S) 34 STREET INVESTORS LLC C/O ALECO HARALAMBIDES MAILING STREET ADDRESS 3135 SW 3RD AVE CITY MIAMI STATE FL ZIP CODE 33129 COUNTRY USA FOLIO NUMBER 0131250190290 3500 WYNDWOOD CORP 3526 NO MIAMI AVE MIAMI FL 33127-3112 USA 0131250190050 3500 WYNDWOOD CORP 3526 NO MIAMI AVE MIAMI FL 33127-3112 USA 0131250190040 3526 WYNDWOOD CORP 3526 NO MIAMI AVE MIAMI FL 33127-3112 USA 0131250190020 3526 WYNDWOOD CORP 3526 NO MIAMI AVE MIAMI FL 33127-3112 USA 0131250190030 36 STREET CORP % NORTON NESIS -PRES- 140 WEST 86 ST APT 4A NEW YORK CITY NY 10024 USA 0131240211590 3650 NORTH MIAMI AVE LLC 58 SOUTH TYSON AVENUE FLORAL PARK NY 11001 USA 0131240211640 3800 N MIAMI AVENUE LLC 10744 RICHMOND PLACE COOPER CITY FL 33026 USA 0131240211110 3800 N MIAMI AVENUE LLC 10744 RICHMOND PLACE COOPER CITY FL 33026 USA 0131240211100 3800 N MIAMI AVENUE LLC 10744 RICHMOND PLACE COOPER CITY FL 33026 USA 0131240211120 ALVIN GRIFFIN BEVERLY GRIFFIN 53 NW 38 ST MIAMI FL 33127-2903 USA 0131240211081 ARTAM ARIEL ARANBAEV 51 NW 35 ST MIAMI FL 33127 USA 0131250190195 AVENTURA HOTEL PROPERTIES LLC 1001 SW 2 AVE #300 MIAMI FL 33130 USA 0131240260070 AVENTURA HOTEL PROPERTIES LLC 1001 SW 2 AVE #300 MIAMI FL 33130 USA 0131240260010 AVENTURA HOTEL PROPERTIES LLC 1001 SW 2 AVE #300 MIAMI FL 33130 USA 0131240260050 AVENTURA HOTEL PROPERTIES LLC 1001 SW 2 AVE #300 MIAMI FL 33130 USA 0131240260060 BELGO ASSOCIATES LLC 951 BRICKELL AVE 611 MIAMI FL 33131 USA 0131250190250 BEN BENNET & JERRY PUMO PO BOX 380100 MIAMI FL 33238 USA 0131250190270 BRUNILDA MENDEZ 42 NW 35 ST MIAMI FL 33127-3518 USA 0131250191061 CARMEN PICHARDO 49 NW 35 ST MIAMI FL 33127-3517 USA 0131250190200 CARMETHA SMITH 52 NW 39 ST MIAMI FL 33127 USA 0131240210990 CATHOLIC CHARI/ARCHD/MIA INC 9401 BISCAYNE BLVD MIAMI FL 33138-2970 USA 0131240211470 CATHOLIC CHARI/ARCHD/MIA INC 9401 BISCAYNE BLVD MIAMI FL 33138-2970 USA 0131240211480 CHARDONNAY ENTERPRISES LLC 7001 NW 51 ST MIAMI FL 33166 USA 0131250190261 CRISTINA AMARAL FAUSTINO AMARAL 121 NW 38 ST MIAMI FL 33127 USA 0131240210920 CURE BULICIC LLC 46 NW 36 ST MIAMI FL 33127 USA 0131250190090 DESIGN DISTRICT 48 LLC 20900 NE 30 AVE STE 914 AVENTURA FL 33180 USA 0131240210980 ELIZABETH CRESPO LUZ CELIA GONZALEZ 38 NW 35 ST MIAMI FL 33127 USA 0131250191060 ESJ DESIGN DISTRICT 40 LLC 20900 NE 30 AVE STE 914 AVENTURA FL 33180 USA 0131240210970 FENEL M ELOI TRS MERCELITA ELOI REV LIV TRUST 68 NW 39 ST MIAMI FL 33217 USA 0131240211000 FRED W NEWCOMB JR NANCY NEWCOMB SHORT 755 ESTATE WAY ATLANTA GA 30319 USA 0131240211820 FRITZ ARMAND &W MARIE & NIRDA ARMAND 61 NW 38 ST MIAMI FL 33127-2903 USA 0131240211080 GILBERTO ZAVALETA 98 NW 39 ST MIAMI FL 33127-2910 USA 0131240211030 GINGER CHINESE TAKE OUT LLC 16485 NW 13 ST PEMBROKE PINES FL 33028 USA 0131250190450 HELOCITY LLC 410 W 24 ST NEW YORK NY 10011 USA 0131240211800 HENRY A URREA 139 SW 32 CT RD MIAMI FL 33135 USA 0131250190240 JEAN LOUISSAINT MARGARETH GLOZY LOUISSAINT 95 NW 38 ST MIAMI FL 33127 USA 0131240211040 JNL WYNWOOD LLC 2190 SW 117 TER DAVIE FL 33325 USA 0131250190170 JOAQUIN V NIEVES 63 NW 35 ST MIAMI FL 33127 USA 0131250190180 JONATHAN COAKLEY 77 NW 38 ST*77 MIAMI FL 33127 USA 0131240450010 JUAN LOPEZ &W MIRIAM 119 NW 35 ST MIAMI FL 33127-3519 USA 0131250190440 JUANA M CALO 3511 NW 1 AVE MIAMI FL 33127 USA 0131250190160 LUIS VARGAS 12761 SW 209 ST MIAMI FL 33127 USA 0131250191070 LUZ INES BORGES JOSE RAMON BORGES 5621 SW 3 CT PLANTATION FL 33317 USA 0131240211050 MARCIAL ROMAN &W SYLVIA 104 NW 35 ST MIAMI FL 33127-3520 USA 0131250190750 MARIA RAQUEL RODRIGUEZ 79 NW 38 ST 79 MIAMI FL 33127 USA 0131240450020 MARY K KEMP 76 NW 39 ST MIAMI FL 33127 USA 0131240211010 MIAMI-DADE COUNTY MIAMI DADE HOUSING AGENCY 701 NW 1 CT 16TH FLOOR MIAMI FL 33136 USA 0131250190220 MIAMI-DADE COUNTY MIAMI DADE HOUSING AGENCY 701 NW 1 CT 16TH FLOOR MIAMI FL 33136 USA 0131250191080 NORTH MIAMI AVENUE LLC PO BOX 403002 MIAMI BEACH FL 33140-1002 USA 0131250191050 NORTH MIAMI AVENUE LLC 4779 COLLINS AVE UNIT 3205 MIAMI BEACH FL 33140-3259 USA 0131250191030 OLGA BAPTISTE 69 NW 38 ST MIAMI FL 33127-2903 USA 0131240211070 OPS HOLDINGS LLC 4755 TECHNOLOGY WAY STE 205 BOCA RATON FL 33431 USA 0131240211790 OPS HOLDINGS LLC 4755 TECHNOLOGY WAY STE 205 BOCA RATON FL 33431 USA 0131240211760 OPS HOLDINGS LLC 4755 TECHNOLOGY WAY STE 205 BOCA RATON FL 33431 USA 0131240211750 PALM POLO CLUB LLC 2875 NE 191 ST 801 AVENTURA FL 33180 USA 0131250190420 PALM POLO CLUB LLC 2875 NE 191 ST 801 AVENTURA FL 33180 USA 0131250190430 PAUL D ZABALO 3100 DALHART AVE NORTH PORT FL 34286-7450 USA 0131240211090 PENTA STUDIOS LLC 12909 MALLARD CREEK DR WEST PALM BEACH FL 33418 USA 0131240211490 PRINCESS PARK 1 LLC 3801 COLLINS AVE 606 MIAMI BEACH FL 33140 USA 0131240211810 ROSALBA LLC 410 NW 35 ST #1 MIAMI FL 33127- USA 0131240211020 ROYAL PALM GROUP LLC 1125 N FLAGLER DR WEST PALM BEACH FL 33401 USA 0131240210780 ROYAL PALM GROUP LLC 1125 N FLAGLER DR WEST PALM BEACH FL 33401 USA 0131240210930 SAUMA PROPERTIES OF MIAMI LLC 225 W 37 ST 3RD FL NEW YORK NY 10018 USA 0131250190010 SAUMA PROPERTIES OF MIAMI LLC 225 W 37 ST 3RD FL NEW YORK NY 10018 USA 0131250190060 SAUMA PROPERTIES OF MIAMI LLC 225 W 37 ST 3RD FL NEW YORK NY 10018 USA 0131250190070 SAUMA PROPERTIES OF MIAMI LLC 225 W 37 ST 3RD FL NEW YORK NY 10018 USA 0131250190080 SET 36TH STREET LLC 3435 10 ST NORTH 301 NAPLES FL 34103 USA 0131240211630 SET 36TH STREET LLC 3435 10 ST NORTH 301 NAPLES FL 34103 USA 0131240211610 SET 36TH STREET LLC 3435 10 ST NORTH 301 NAPLES FL 34103 USA 0131240211620 SET 36TH STREET LLC 3435 10 ST NORTH 301 NAPLES FL 34103 USA 0131240211600 SET MIDTOWN LLC 3801 COLLINS AVE #606 MIAMI BEACH FL 33140 USA 0131240211720 SHIUKI STUBBS MIDTOWN HOLDING LLC GEORGE STUBBS MIDTOWN 1255 NE 89 ST MIAMI FL 33138 USA 0131250190260 SONIA LISSETTE RUIZ 41 NW 35 ST MIAMI FL 33127-3517 USA 0131250190230 SOUL STUFF CORP 420 JEFFERSON AVE MIAMI BEACH FL 33139-6503 USA 0131240211700 SOUL STUFF CORP 420 JEFFERSON AVE MIAMI BEACH FL 33139-6503 USA ' 0131240211660 SOUL STUFF CORP 420 JEFFERSON AVE MIAMI BEACH FL 33139-6503 USA 0131240211710 SUN KING LLC 3841 NE 2 AVE STE 400 MIAMI FL 33137 USA 0131240210960 SUNSET 55 NW 35 ST LLC 55 NW 35 ST MIAMI FL 33127 USA 0131250190460 SUNSET 55 NW 35 ST LLC 9560 SW 107 AVE 202 MIAMI FL 33176 USA 0131250190190 TRENESE TURNER &ATLAS TURNER 56 NW 39 ST MIAMI FL 33127-2910 USA 0131240210991 UNIVERSAL AUTO SALES INC 86 NW 36 ST MIAMI FL 33127-3106 USA 0131250190140 UNIVERSAL AUTO SALES INC 86 NW 36 ST MIAMI FL 33127-3106 USA 0131250190120 UNIVERSAL AUTO SALES INC 86 NW 36 ST MIAMI FL 33127-3106 USA 0131250190150 rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 305.498.1614 500' RADIUS MAP kik 70 NW 37 Street, Miami, FL 33127 Bilzin Sumberg December 13, 2019 HAND DELIVERED Ms. Olga Zamora Chief of Hearing Boards City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Javier F. Avifib Tel 305-350.7202 Fax 305-351-2215 javino©bilzIn.com Re: Appeal of Qualified Applicant Status and Murat Permit #18-0041 / 70 NW 37th Street Dear Ms. Zamora: On behalf of SET Midtown, LLC ("SET), the owner of the property located at 78 NW 37th Street in the City of Miami (the "City") and pursuant to Section 62-616 of the City Code, this letter constitutes a formal appeal of the qualified applicant status of Becker Boards Miami, LLC ("Becker") and the issuance of Mural Permit #18-0041 (the "Permit"). On September 26, 2019, SET provided the City with the attached letter and exhibits, which outline in detail the grounds for revocation of both the Permit and Becker's qualified applicant status. However, to summarize, there are four grounds on which this appeal is based. First, Becker violated Section 62-608 of the City Code by failing to post the mural within 60 days of issuance of the Permit. Second, Becker violated Section 62-603(11) of the City Code by failing to contract with a small business enterprise. Not only did Becker fail to meet this obligation, It lied on its application, stating it had a contract with a small business enterprise when no such contract existed. Third, the issuance of the Permit results in a trespass on the part of the City and Becker, in violation of the City Code and Florida law. A survey of the Property is attached indicating that there is a zero -foot setback at 70 NW 37th Street, the property for which the Permit was issued, illustrating that Becker cannot possibly comply with the Permit without trespassing onto SET's property. Finally, Becker requested a transfer of Mural Permit #18-0002 by making misrepresentations to the City and violating Section 62-604(7) of the City Code. Please reference the attached letter for the details and support for each of these claims. Section 62-601 of the City Code requires revocation of a qualified applicant's entire mural permit inventory and forfeiture of the right to apply for any subsequent mural permit should the applicant fail to comply with any provisions of the City's mural permit code. Accordingly, we respectfully appeal the qualified applicant status of Becker and issuance of the Permit and request . 3ya , ,r, t,''(8niL r7^:)fi i331'1,-:3• 456 GOND CITY MONUMENT AY RJW UNE Cr 0 fV S' Rio 25.00' A '39.31' Tanr25.04. AP• 90'05.35" Cti-35.38' FWNO NAIL FDEPi0 NAt r 2 ! N.W. 37th STREET 50.00' TOTAL R/W OOUND R ClE 28' ASPHALT PAVEMENT 2 CUED GUTTER P.P.: , Pi 96.61' or, 914 P.C. LOT-11 BLOC(-10 B'WRE 7 FENCE FENCE 44.30' I i is 1 ONE STORY Vane TAWi COMMERCIAL BUILDING etza AP Af` LOT LINE LPG LOT-12 45:4' LOT-10 BLOCC-10 D.7D' 3},ON Pt This prolxnv described as• Lots 10. II and 12. Block 10. • BLOf3t-10 PRINCESS PARK, according 10 rho Plot thereof as romrdcd in Plat Book 6, Page 87, of the Public Records of Miami -Dade County., Florida, Certified to: Imperial Title, LLC ADJACENT Law °Mee or Aeon Resnick S smtDIND Oid Republic Nationni Title Insurance Company • LOT-9 DN PL Add/Cs!: 78 N.W. 37th Street. Miauu. FL 33127 9' ASPHALT PAMOIE.NT 1s• LET 150.00 oN BLOCK CORNER FJ,P. 1/2-0 N.W. 36th STREET • Beefing. dany, shown based on Plat Meridian (reference) NIA NOFEYr -1Vs.iir• Ewenforhs.rN •Fiep4Rr.r ra•M et is. thine kV P.P. "THIS SURVEY DECLARATION IS MADE ON THE FIELD DATE INDICATED. TO THE OWNER(9) L1STED. R IS NOT TRANIFERANLE TO ADDITIONAL INSTITUTIONS OR SUISEOUENT OWNERS' a FJ3F1 4=Es u6Y LEGEND » -Arc ♦•••4m• BM •0••MMro mac • RM.•.. my•cm. ry or •cmw o•11N CAS • erwNa Moak SSW. 44 AM. pml. G..»..raw cr.. te. CLF C...•LNk for. AL Cam wJO, 04•4.14 O t1w 044 O.Bt4. DUI 000... & M•Meaune• ra..•w EA P••e0r t,• e,•.•,.a...a PMN. Aot• F.N R.M'F.S F,1 R. Festal M A... Pk. Praia 0 .. t LNN CAP. Fos.. ksl0M. PA Flared NY I. MP. Ught Poke M.a..M Mr *it F•,.. A,N. H•.i.l. MO.0* L&. MOM. MPeM.M0 mk N.t t.t»•,.k NM MYt Ate NTS OIE 0.LL ON NW a S..N o•+ Ryt PC P4.. MCu•...• P.C.0 P•Met*aayse! Ctnt+so PCP P.mr.,d C.i•e Pat Prt Py PJ, NAM 4141..4,1.44 RI, PM** P,O,R, PVM af6wewea P.0 C. Point YO o,... ..N P.P Pw...4741 P.RM. Poem.. ilharectua pA,A, P.FtetR.M.r L0•00. NCl/ EN•wsw REVISIONS NAtmo ZONE x COMM Ne. 129920 PANEL No 0312 SUFFIX' F.I R.M.OATE Oai11r01 F.LR.M.na3EX Car11/CA BASE ELEV • NM N,, V.O ELEVATION MOTE I1F APPLICABLE) LF EN... _-(bw.I NsdNOi4 flair . W.Me»1. EM•mk» .le..n Mtrm WV to W G.V.O 1s3f, Loom! sconce BUO..Nw11M. •271&_ BM. a WA 4*1 .. NIA Gr.p. ENT,' N$ ET • NIA _ NOt r..6 k' t 4 b.o MN Prram& s„ 4 OM °NNW NNW ..M d 00* MAR•44 MRt4n SOU/MARY SURVEY r HEREBY CERTIFY' B.N MN wary meet. the 1riiONnN4 lerAmlW .LREQ2. .20 WIIN by n•. FLORIDA BOARD OF P: --1- - SURVEYORS AND MAPPERS' .roP. -17 F.A -Cats, pummel In . , 4}...' F9mt@ REN. Al «-t s 03M0114 PROF ZONAL SURVEYOR AND MAPPER No. 4227. State at Florida. Alvarez. Aiguesvives and Associates, Inc. Surveyors, Mappers and Land Planners 5701 S.W. 107th Avenue #204, Miami FL 33173 Phone 305.385,03135 Fax 305 385.0623 L.B. No. 68671 E-maH:1astaurveyeaol.corrl Fioid Dale 03/06(14 Sane: r=2o' Dream by R.S. Orwg, No. 14-20518 VIA ELECTRONIC MAIL & HAND DELIVERY Victoria Mendez City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33131 Re: Qualified Applicant Boards Miami, LLC Dear Ms. Mendez & Mr. Gonzalez: Bilzin Sumberg Javier F. Avino 305-350-7202 Far 305-351-2275 javino@bilzin.com September 26, 2019 Emilio T. Gonzalez City Manager City of Miami 444 SW 2nd Avenue, 10th Floor Miami, FL 33131 Status & Revocation of Mural Permit # 18-0041 1 Becker As you are aware, this firm represents SET Midtown, LLC, ("SET") the owner of the property located at 78 NW 37th Street (the "Property") in the City of Miami (the "City"). It is confounding that, although the City has been provided with evidence that Becker Boards Miami, LLC ("Becker") should have its qualified applicant status and Mural Permit #18-0041 (the "Permit") revoked, the City is refusing to act. The City is required by law to immediately strip Becker of its qualified applicant status and immediately revoke the Permit for the following reasons: • Becker violated Section 62-608 of the City Code by failing to post within 60 days of issuance of the Permit. The Permit was issued on August 13, 2019. See Exhibit "1" at 4. Becker did not post its permitted mural within 60 days of the issuance of its mural permit, as required by the City Code. See Exhibit "2." Section 62-608 of the City Code explicitly states that "(s)hould the permittee fail to install the permitted mural within the 60-day period, the city manager or designee shall rescind the mural permit" In fact, Becker obtained a change of copy on October 15, 2018, 62 days after the Permit was issued, and no copy had ever been posted. See Exhibit "3" at 1. • Becker violated Section 62-603(11) of the City Code by failing to contract with a small business enterprise. In its application for the Permit, Becker represented that it contracted with Logan Corporation in order to satisfy the Code's requirement that the applicant contract "with one or more small business enterprises to which ten percent or more of the operating expenses would be paid(.]" This is simply not Bilzin Sumberg September 26. 2019 Page 2 true —Becker has no such agreement with Logan Corporation or William Logan. See Exhibit "4." Becker not only Tied in its application, it is clearly in violation of Section 62-603(11) of the City Code. • The City and Becker are liable for trespass pursuant to the issuance of the Permit, in violation of the City Code and Florida law. The Permit was issued for the property located at 70 NW 37th Street, which has a zero -foot setback. As a result, and as explained at length in our letter dated September 18, 2019, attached as Exhibit "5." Becker must trespass onto the Property in order to comply with the permit, whether it is for the erection, maintenance, or replacement of the mural. As stated in our previous letter, the City's issuance of the permit is impermissible under Florida law.This results in a clear violaition of Section 62-606 of the City Code stating that murals shall comply "with all applicable laws, rules, and regulations of the federal, state and County government." Trespass is illegal in Florida, and even more, the Property is currently a construction site, and trespass onto such is a third degree felony.2 Furthermore, Becker is in blatant violation of Section 62-604(7) of the City Code, which requires that an applicant provide a valid memorandum of lease for the site to be permitted because Becker is not a lessee of the Property. • Becker violated Section 62-604(7) of the City Code in the transfer of a different mural permit, Mural Permit #18-0002 from 78 NW 37th Street to 400 NW 2nd Avenue. Becker again misrepresented to the City, stating that the demolition created the necessity of transfer when in fact the lease was terminated. in communications directly from Becker to the City as part of the transfer of its mural permit, Becker acknowledges that it did not have a valid lease and confirmed that no mural was erected as there was no building on the site. Exhibit "6." This is a clear violation of the Code and the Memorandum issued by the City since the mural was not transferred before the demolition of the building it was on at the original location and the lease was terminated prior to the demolition of the structure. Exhibits "7 & 8." Becker's use of the mural code to extort a property owner, as evidenced by the attached civil complaint, its numerous affidavits, and e-mail from the principal of Becker, is unconscionable and contrary to public policy, the City should not acquiesce to such behavior, Exhibits "9 & 10." The City Code is clear. "Strict compliance with the provisions of this division must be maintained See, e.g., Dade Cty. v. Gayer, 388 So. 2d 1292, 1294 (Fla. 3d DCA 1980) ("pit would be inconceivable that public officials could issue a permit, either inadvertently, through error, or intentionally, by design, which would sanction a violation of an ordinance adopted by the legislative branch of the government."); State ex rel Pettengl v. Copelan, 466 So. 2d 1133, 1135 (Fla. 4th DCA 1985) (affirming the hearing officer's finding that the "DER may not knowingly issue a permit for activities which would constitute a trespass on private property(.]"). 2 § 810.09(1)(d), Florida Statutes. September 26, 2019 Page 3 C.) Bilzin Sumberg during the term of the mural permit. Failure of the qualified applicant to remain in compliance with the terms of this division shall result in the revocation of qualified applicant's entire mural permit inventory and the forfeiture of the right to apply for any subsequent mural permit(s)." Sec. 62-601, City Code. It is readily apparent that Becker is in violation of multiple sections of the City Code provisions governing mural permits. For the foregoing reasons, the City should: 1. immediately revoke Becker's Qualified Applicant status and the Permit. 2. Becker should be precluded from the assignment of any of its other mural permits pursuant to Section 62-610 of the City Code. 3. Becker shall be instructed by City to cease any trespass onto the Property. 4. City shall respond to this letter and if revocation of Becker's Permit and Qualified Applicant status not be issue place this matter on the next available agenda for City Commission review in accordance with 62-616 of the Code. As stated in our previous correspondence with the City, it is clear that the City has chosen to ignore Becker's clearly illegal activity in both violating the City Code and trespassing onto the Property. Again, should the City's failure to enforce its code continue, we will be forced to pursue all available remedies under the law and seek reimbursement for any damages from this illegal activity the City has allowed to continue, Please govern yourselves accordingly. Sincerely, Javier F. Avin6 JFA cc: Nzeribe Ihekwaba Joseph Napoli Joseph Ruiz, Esq. Julia Cerrato Daniel Goldberg, Esq. MIAMI 65•15844.4 8420J87949 Exhibit 1 CITY OF MIAMI 444 S.W. 2"° Avenue, 10" Floor, Miami. FL 33130 Telephone No. 305.416.1499 1 attach the following in support or explanation of this application and my Cualified Applicant status: fa. Name addt a and phone'rianbelof AAD ^' if appikarii is an entsky. such as a cOrPofeWri` iirr rea 4b4ey cowry, of partnership. the names and business address of the prrnaipai of(9ters managers, and °Meg parsons %no own more mats five percent 15`K) of the a tdy (any abpl cab1 titreof ktt►,ery Prof that has p..b1K.fabrit swance in the ar.ount a three r< pan doaars_($3.000;C51. t:1 -.s.c) Proof in the form of a signed affidavit(s) that a majority of the Applicant's principal officers or managers has or have had the experience in the outdoor advertising Industry for a minimum of five (5) years prior to the date of the applicauon (only applicable at time of lottery) t,Airldavit (included in Cacfcage Proof hie e. 'orceab* le?r of copies of a tiseribrandsrrri Fuse: sworn fo tsar u ?e site:sou ht tote Remitted AProof that the Applicant had a gross revenue of at least one and a half million dollars (S1,500,000.00) in the outdoor advertising industry during each of the two (2) years preceding the original application (only applicable at time of lottery) h) moor that- Me Avant in. gas stand . with the City aria the 11. ffIftgOrAgrgViers rei3#ee to ilium violations VI P oc` G a try or letter f# credit in Vie ern' ur;t of Cm hundred thousand dotty : (S50O.CQD.DO) fyi+ Pr cf Mai the Appi,carrt has con 'acted with oe Sma_i &s Erterpnse to which ten %`• 10%) of the operming expenses will ware pad 1q Proof that the Applicant is a Licensee by the State of Florida (only applcable at time of tottery) A Proof of all appficabte application fees and fee worksheet (only applicable at time of lottery) Dintensrone4 eievatxr draw*, and pl+ata cf the Wilt where the Rural is tc be located A t moored drawfrig or pokiied Computer sirs'lit>±;on_tle 044 the.. Murat Face ;Wis of r3t5ledit4n whin; the 4t'raaf hi tote bcated for cOda CITY OF MIAMI 444 S.W. 2"d Avenue, 10" Floor, Miami, FL 331,,3 Telephone No. 305.416.ts99 Signature Signature Ow Authorized II /7 4 CITY OF MIAMI 444 S.W. 2"° Avenue, 10" Floor, Miami, FL 33130 �- 6 0 Telephone No. 305.416.1499 Jc; rail Permit # ,}041 1 Receipt # APPLICATION FOR TEMPORARY USE MURAL PERMIT It is intended that Temporary Use Mural Permits be required for all those Qualified Applicants who desire to obtain a Mural Permit or desire to Change the Location of an existing Mural Permit. The application presented is of a nature requiring mandatory technical determinations or reviews to establish special conditions and safeguards. In general, such determinations and review will normally be by agencies or officers other than the City Manager, and may Involve (natters such as health and environmental considerations, and legal determinations. The City Manager or Designee shall be responslble for the administration and processing of applications for Temporary Use Mural Permits, and for determination thereon. Applicant Name Becker Boards Miami, LLC Address City/State/Zip Miami. FL 33137 Phone / Email 900 Biscayne Blvd # 503 602-312-7900/ JWhite fr becke rboards.com I (name and address above), the property owner or agent of the subject property, hereby applies to the City Manager of the City of Miami for approval of a Temporary Use Mural Permit under (he pruvisiuns of Chapter 62, Article XIII of the City Code. Zoning District: T5-0 Address and Folio Number of Property: Size of Proposed Mural Area and the Wall on the Building where ft Is to be attached: Date of Transfer. If Location Change Previous Location and Permit Number: 70 NW 37 Street Miami, FL 33127 Folio -0131240211710 101;-I x 131W north face; 10'H x 30'W West Face writ-11%1NiY4`wravel 2/26/ 18 640 SW 2r4 Ave Miami. FL - Permit # 16-0041 CITY OF MIAMI 444 S.W. 2' Avenue, 4" Floor. Miami. Ft. 33130 Telephone No, 305.416.1006 NET recommendations: Approval No cvm picAt5 E3 Denial Approval with Condi tions (see below) p• Name Vo (1.0.(o j I -Date 1.71-7; I 1 43 Signature Zoning recommendations: O Approval)Mth-C?ndlions (see below) O Denial Date ix Name-1;4+411- eerfAti: C c'illk Signature City manager (or designee) findings: Name Date ,CrIpproved Approved with Conditions (see el w) LT Denied signature Miami Dade County: Date Referred to Miami -Dade County (insert line) a Approval • Approval with Conditions (see below) Cl Denial Name L rif Date eit-1,4; Signature CITY OF MIAMI 444 S.W 2" Avenue, 10" Floor, Miami, FL 33130 Telephone No. 305.416.1499 I attach the following In support or explanation of this application and my Cualired Applicant status: ;Name address and O. ee nurnt;er'of Ap 4cwrt 4 apPtiCant s rt entitysuch as a CorPorsbon knifed Fabil.ty company, or partnershrp. the names and to srtess address of the principal officers managers and Other persons we/o awn mare tram# five pecan! (5%) or the entity (on y'_app i able at lime of otter) < Proof that the App&cartt Fas ,p;.tsi-4 liabrTty insurance ai t;se amount rg three miP?on dollars (sloopwino i .,G) Proof in the form of a signed affidavit(s) that a majority of the Applicant's principal officers or managers has �\, or have had the experience in the outdoor advertising industry fora minimum of five (5) years prior to the date of the application (only applicable at time of lottery) ¢) Applicant Affidavit (include id --paOlage k Fro in the form of copies of a memorandum of lease, scorn to by affid v4. ail executed and able tease for. the s+te sought to be 3tenr. e AProof that the Applicant had a gross revenue of at least one and a half million dollars (S1,500,000.00) in the outdoor advertising industry during each of the two (2) years preceding the original application (only applicable at time of tottery) h) Proof that the At=pixant it In goad stand in water the e^ forcernentmatters reed to Masai violators yi Prod of a band of leasr of Tweet in thea noun. of five r sarared thaa nd daiars S'r , that the AppliCant has caner is ed with one or ono Small &.rs"ndss Erterptise t4 of trre operatag eipens3s w belare ea i Proof that the Applicant is a Licensee by the Stale of Florida (only apolcable at time of lottery) A. Proof of all applicable application fees and fee worksheet (only applicable at time of lottery) 5 Dimensioned elevation drawmtg ard photo of the Watt where the Mural is to era iocedei A celor,e04faim0 ter Cum comOk ter svnula ion dr:.picvng .the Mural Face i Copy Of the City't;:oning alfatiei GIS lecatian where line Murk as t;be locate i!1 NotiffGaroll to a4a'..ttt'Pffpeity Ownc tenets must be swat ce.lifaed maai_' • Coroay oenoing rt CITY OF MIAMI 444 S.W. 2"d Avenue, TO" Floor, Miafnt, FL 331 0 Telephone No; 30$.4199 Signature Signature ;.i■r, r Authorized CITY OF MIAMI 444 S.W. 2"e Avenue, 10" Floor, Miami, FL 33130 Telephone No. 305.416.1490 it. ..0 11 Permit # )6( 41 Receipt # APPLICATION FOR TEMPORARY USE MURAL PERMIT It Is intended that Temporary Use Mural Permits be required for all those Qualified Applicants who desire to obtain a Mural Permit or desire to Change the Location of an existing Mural Permit. The application presented is of a nature requiring mandatory technical determinations or reviews to establish special conditions and safeguards. In general, such determinations and review will normally be by agencies or officers other than the City Manager, and may involve matters such as health and environmental considerations, and legal determinations. The City Manager or Designee shall be responsible for the administration and processing of applications for Temporary Use Murat Permits, and for determination thereon. Applicant Name Becker Boards Miami, LLC Address City / State / Zip Miami, FL 33137 Phone / Email 900 Biscayne Blvd # 503 602-312-7990 / JWhite@beckerboards.com I (name and address above), the property owner or agent of the subject property, hereby applies to the City Manager of the City of Miami for approval of a Temporary Use Mural Permit udder the provisions of Chapter 62, Article XIII of the City Code. Zoning District: T5-0 Address and Folio Number of Property: Size of Proposed Mural Area and the Walt on the Building where it is to be attached: 70 NW 37 Slraet Miami, FL 33127 Folio -0131240211710 11) 10:1 x 13tW north face; 101-I x 30'W West Face turel 's %Ai ret.lp Date of Transfer. 2126118 If Location Change Previous Location and Permit Number: 640 SW 2'" Ave Miami. FL - Permit # 16-0041 ,Ys406 4p1 N CITY OF MIAMI 444 S.W. 2" Avenue, 4" Floor, Miami, FL 33130 Telephone No. 305.418.1006 NET recommendations: N ti) c9(11 tf1 1- Name VD i! f a e 1�� 11 Approval Q Approval with Co tions (see below) 13 Denial Signature C� r Zoning recommendations: A -`Approval Approval Ci Denial Name-1;14%4%-b-L s•rYci.tC Date �i le Signature City manager (or designee) findings: Nemec) Approved CI Approved with Conditions (see 4 1Qw) o Denied �\ millions (see below) Date j taignature Miami Dade County: Dale Referred to Miami -Dade County (insert line) Approval Approval with Conditions (see below) R Denial Name !e'er,- Date t/3,4 r• Signature OPID: CIO CECKE-8 AA R`I CERTIFICATE OF LIABILITY INSURANCE DATE LIMVU IVYYY1 12./04111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ZEPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. .MPORTANT: If We certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)• ROt1UCER NAME: —FAX t PHOENIX ►I+CENe IF�,r _. 4 MSURERtSI AFFORDING COVERAGE NAIC INSURERA: Western World Insurance Co. '13196 Becker Boards Miami LLC mum e: Commerce & Industry Insurance '19410 N. 79th Ave Ste 200 THE MAHONEY GROUP - P 20333 Phoenix, AZ 85027 Bill Horton INSURED 5950 E. Cabello Drive Paradise Valley, AZ 85253 Phone: 623.215.1300 Fax:623.215-1333 INSURER C : INSURER D : INSURER E WS!RER F COVERAGES CERTIFICATE NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB(Y/E FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 70 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS- L4R' TYPE OF VISURANCE INSR MD � JPOLICY NUMBER IMWDDIY Yy1I IMM100/YY YYYp) LIMITS GENERAL LIABILITY i 1 I i EACH OCCURRENCE 5 1,000,006 A , X '' COI,VJERCIALGENERAL LIAOILI Y X NPP8340398 (17/13/17 07f13J18 p EIEazcnc� g 100,000 r r,�l CLAIMS -MADE I X ' OCCUR _AIM EXP IArry Cri FerKn) S 5,DO_0 PERSONALS ADV INJURY S 1,000,000 , GENERAL AGGREGATE 2,000,000 ,S GENL AGGREGATE LIMIT APPLIES PER rnoramis • C0W' QP AGO S 2,000,000 I X f POLICYIFa LOC $ r AU romoar .s LIABILITY , CE�0MDINESi $1NdLE 1-1 IT t i,000-Q00 , ANY AUTO NPP8340399 07/13/17 07/13/18 BOOiLYemery rPerre•smnl $ ._.i , AUTOS (PAWED P Or1L GEU BODILY INJURY We' ao4Earal. 5 AdNd 0/11.1D (ROPER i`! DAMAGE ;_X HIRED AUTOS x AUTOS IPara0ar11 S r5 X UMLL BREALlAD ' ' GCCUR EACH OCCURRENCE : 5 2,000,000 �. B excessuAa CLAIMS -MADE, EBU014272475 07/14/17 07/13/18 AGGREGATE S 2,000,000 DEG ' X 1 RETE4nh2NS 5 __ W6NlAERSCOMPENSATION WC SEAM- IOTH- AND EMPLOYERS' LIAeJWY Y f N _..._._.L2riY M tIT$ , ANY FpapatEyoRipPRTAFeRzorEEcunVE EL EACH S qFf CE3/kEN.BER E!(CiL'L'EOti N f A (Mandato/yinNH) EL DISEASE- EA EMPLOYEE S R}}aOESsCR:PTIpN F des ONoo.urdr DPfRAifOAS E2'Pr E L DtSEEASE- POLICY -EMIT S � i DESCRIPTION OF OfERATION9l LOCAVON5! VEHICLES (Attach ACORD 1p1• Ad ilartal Rama* ScheduIa,1, Moro 4PareeIs roquireo l RE: Billboard at 400 NW 2 Avenue Miami FI, 33101 The Excess/Umbrella policy is over the General liability limits and the combines limits are $3,000,000 occurrence, $4,000,000 aggregate Primary Non-contributory per CG2001 0413. CERTIFICATE HOLDER _ CANCELLATION MIAMITO City of Want'ACCORDANCE 444 SW 2nd Ave SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED PM WITH THE POLICY PROVISIONS. Miami, FL 33130 AUTHORIZED REPRESENTATIVE ACORD 25 (201 D/05) 01986.2010 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD This Endorsement Modifies Your Policy (Effective Al Inception Unless Another Data Shown Below) ADDITIONAL INSURED ENDORSEMENT This en41orsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART The insurance afforded by this policy for "bodily injury," "property damage" and/or "personal and advertising injury" shall also apply to the "additional Insured" listed below for claims, suits, and/or damages made against the "additional insured," but only to the extent the "additional insured" is being held responsibte for the acts, omissions and/or negligence of the "named Insured." Thls insurance afforded shall not apply to claims, suits and/or damages arising out of the acts, omissions and/or negligence of the "additional insured(s)." The inclusion of the "additional insured(s)" shall nal operate to increase the Limits of Insurance. To the extent, if any, that this policy affords coverage to an "additional insured," the "additional ,nsurecf" subject to all of the terms of the policy. Our obligation to provide coverage to an "additional Insured" Is further limited by the interest of the "additional Insured" as defined below. Interest of the Additional Insured(s) Defined: OWNERS OR CUSTOMERS AS REOuiRED ay WRITTEN CONTRACT FOR WORK PERFORMED BY OUR NAMED INSURED FOR THE ADDITIONAL INSURED For the purpose of this endorsement, the "named InsuredIs the person(s) and/or party(tes) designated on the Declarat.ons Page of the policy or on any endorsement. The "additional insured" is the persons) and/or party(les) identified below. Identity of Additionai Insured(s): FOR WHICH A CERTIFICATE OF INSURANCE NAMING SUCH PERSON OR ORGANIZATION AS ADDITIONAL INSURED IS ON FILE WITH THE COMPANY (Complete this section II endotsermint is added niter policy is issued.) Palioy Number Endorsement Numhei Endomemeni Etkvive Dale Signature al Authorized Representative Producer hiumbe: Page1 of I INSURED WW O (03; in) COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the foliowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Insurance available to an additional Insured under your policy provided that; (1) The additional insured is a Named Insured under such other Insurance; and CG 20 01 04 13 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional Insured. Copyright, Insurance Services Office, Inc.. 2012 Page 1 of 1 LitU of 4Thauii THIS CERTIFICATE OF USE FIRE SAFETY PERMIT BUSINESS NAME : DBA. DATE ISSUED: VALID FROM: ACCOUNT NUMBER: SERVICE ADDRESS: APPROVED USE. COMMENTS RESTRICTIONS: Becker Boards Miami, EL S NOT A BILL 08/14114 10101/17 TO 09/30118 118939 990 BISCAYNE BLVD 503 CU08 -General Commercial - Office General business office Restriebons on this CU are informational only For all restrictions. please contact the Office of Zoning • PLEASS DISPLAY TM! CERTwIcATE IN A CON$?ICUOt19 LOCATION AT OCCUPANCY ACOM& • FAVOR DE MOSTRAR ESTE CERTN9CADO EN UN Sf NO MARE EN LA DmECC,0N DEL CONEAVO. NOTICE' This certificate a Non-TI s <,te,.tria ft you r&OCkte, se4 the business, or change the type of butness a new certificate mur be Obtained from Bufding and Zoom at Oft S W Ya Avenue. 4 Floor. Phone' 005141e-1149 Please note that this Certificate of Use expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call (305) 416-1570. Favor de tomar nota que este Certificado de Uso se vence el 30 de Septeembre del atto indicado. Asegurar la renovacion para el 1ro de Octubre es is responsabilidad del negocio. Para mes informacion puede Ilamar al (305) 416-1570. Tanpri note byen setifka wap itilize-a ap ekspire jou 30 Septam ane sa-a. Se responsabilite met biznis la you li renouvle-I Premye Oktob ane kap vini-a. Si ou bezwen plis enfomasyon, ou ka rele nou nan: (305) 416-1570. Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October lst is the responsibility of the business entity. For further information you may call: (305) 416.1570 or (305) 416- 1918. Farcr de tomar note que este Recibo de Impuesto para Negocio se vence el 30 de Septiembre de aiio lndicada. Asegurar la renovacion para el fro de Octubre es la responsabilidad del negoclo. Para mas informacion puede Ilamar al: (305) 416.1570 0 (305) 416-1918. Souple pran not ke Resi Enpo pou Biznis-sa ap exspire 30 Septan-m ane sa men-m nan 1is Ia. Se responsablite dirijan Biznis sa pou li renauvle4 Pwemie Oktob kap vini. Si ou bezwen psis enfomasiyon sou zafe sa , pa bllye rele nan (305) 416-1570 ou byen (305) 416-1918. to of Matta POST THIS DOCUMENT IN A CONSPiCuOUS PLACE, NOT TRANSFERRABLE OR VALUTD AT ANOTHER ADDRESS UNLESS APPROVED EY THE FINANCE DEPARTMENT. GIYY OF MIAMl 444 5472 AVE 61" FLOOR, h1IAUI, FL 33130 PHONE(05)416.1ytfl Effective Year Oct. 1 2017 Thru Sep. 30 2018 RECEIPT FOR Becker Boards Miami, FL ISSUED Dec 05, 2017 TOTAL FEE PAID 667,00 ACCOUNT NUMBER 118939 RECEIPT NUMBER 160206 NAME OF BUSINESS Becker Boards Miami, FL 2018 GSA LOCATION 990 BISCAYNE BLVD 503 THIS IS NOT A BILL DO NOT PAY Tit bullets a a buuidsi Loa eeooq dos NV Palnyl Pool NOY( la +t0W. Any tuned I,pi Of Ira Cory nrx dam' $ a' tr .l Polo loidw loom uq lasM1td u ,wnnula Ihef fUy W loqu:dd b, lie Thu olum•111 Owe fool LCAs by i ar9llbon VW low boalai u QW4AV lu nyay on M Luaawss Prolattealnw yeayuann' l4.,f Hsi i MO 0cklnion'rrsawa Nonce"! el Yre trw+ass Lu nnsy9 or -la IS HEREBY IN COMPLIANCE TO ENGAGE Its OR MANAGE THE OPERATION OF: ADVERTISING AGNCYFTRADE INDUCEMENT Eric Paschal FkIfl a Director Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 7174249 BUSINESS NAME/LOCATION BECKER BOARDS MIAMI LLC 990 BISCAYNE BLVD STE 503 MIAMI FL 33132 OWNER BECKER BOARDS MIAMI LLC C/O MARK BECKER MGR Employee(s) 1 RECEIPT NO. RENEWAL 7453490 SEC. TYPE OF BUSINESS 213 SERVICE BUSINESS EXPIRES SEPTEMBER 30, 2018 Must bo displayed at place of bustrie is Pursuant to County Code Chapter BA - Art, 9 & 10 PAYMENT RECE1VEM BY TAX COLLICTOR $54.00 12/04/2017 CREDITCARD--10-012256 This Local Business Tax Recoipt only confirms payment of the Local Business Tax, Thn flncnil,t is Itat n Iloensa, permit, or a certification of the holder's qualifications, to do halfwits. Holder must comply with ratty pnvntnntantal or nongovernmental regulatory laws end roquiremantc which apply to the Widens. The RECEIPT NO. above must bt displayed on all cumtnorcinf vuhiclns = Coder Soo tine270 For more information, visit www,mlitrrttitttdo,tiavltnxcolioctur Kat.% :SIRS 0" CITY OF MIAMI 444 S.W. 2"d Avenue, 10;" Floor, Miami, FL 33130 Telephone.No. 306.416.1499 Ioolicant Affidavit Subject to all conditions and limitations of Chapter 62, Article XIII of the City Code, as amended. If appealed, the applicant must furnish full ownership disclosure. Before me, the undersigned authority, authorized to administer oaths and take acknowledgements personally appeared; (Name of applicant) Becker Boards Miami, LLC Who. after being first duly sworn upon oath deposes and says that he/she is the applicant for this Temporary Mural Permit and that he/she has made and read the foregoing application and that the statements therein contained are true and correct and acknowledges that he/she I will be subject to requirements and limitations of Chapter 62, Article XIII of the City C�{ade as amended Sworn and Notary Pub c, State Uiry,l VANESSA CARDONA Sim of Floricia•Nolary public Commission if FF 930835 My Commission Expires November 29, 2019 tllc9l My Commission Expires MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is made and entered into this_ day of March, 2018, by Becker Boards Miami, LLC, an Arizona limited liability company ("Tenant"), whose principal office is at 4350 E Cametback Rd Suite 13-260 Phoenix, AZ 85018 WHEREAS: A. Tenant has entered into a Lease with SOUL STUFF COPR. A Florida corporation ('Landlord"), owner of that certain real property located at 70 NW 37th Street Miami, FL 33127, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the 'Property"). B. Landlord and Tenant have entered into a lease (the "Lease"), for the leasing of a portion of the Property, as more particularly set forth in the Lease. C. Tenant desires to place all persons to whom these presents may come upon notice of the existence of the Lease. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Tenant hereby agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. All persons are hereby placed on notice of the execution and existence of the Lease by and between Landlord and Tenant, 3. Pursuant to the terms of the Lease. the Landlord has agreed to grant Tenant certain rights with respect to the installation, operation and maintenance of a Mural at the Property. 4. The Lease commences upon the installation of the Mural and provides for an initial term that extends beyond the initial effective date of the Mural Permit. In addition, it provides for at least one (1) renewal option thereafter. 5. This Memorandum of Lease represents an exclusive use of the property described above and is only available for the Tenant's use during the effective dates of the Lease. No other applicant seeking qualification andior a Mural permit from the City of Miami is permitted to include the property described above in its application. 6. The rights of Tenant as a tenant under the Lease and this lviemorandum shall expire for all purposes and be of no further force and effect either upon: (i) the expiration of the term of the Lease, together with all applicable renewal periods. or (ii) a written instrument terminating or -t- releasing this Memorandum, executed by both Landlord and Tenant. Upon such termination, no person who comes upon these presents shall be charged with any notice of the provisions hereof. IN WITNESS 'WHEREOF, the parties have caused this Memorandum to be executed as of the day and year first above written. Signed, sealed and delivered in the TENANT: presence of these witnesses: Becker Boards Miami, LLC., an Arizona limited liability company By: Garren Development, LLC Mark . ecker, Managing Member A. STATE OF nil g..prA COUNTY OF Air; tlyptk The foregoing instrument was acknowledged before me by Member of Garren Development, LLC., an Arizona limited liability member of Becker Boards Miami, LLC., an Arizona limited personally known to me or has produced WI itrerj4rric-c Witness my signature and official seal this 3rA day •f County and State aforesaid. •••• •••• AN. 0 Dq,w Tony otary Public - Arb:ono Madcap) County Conunloofon Expires "lay 14_,2019 -0-11.- ,t) Mark D. Becker, Managing company, the sole managing liability company„ who is as identification. tikrelel , 2018, in the otary Publie-State of a tA) y-ry Print Name 4 PRINCESS PARK P3 6-87 LOT 9 BLK 10 LOT SIZE 50.000 X 100 OR 19875-1070 0801 2 (3) -3- Dear Coonstituent: Welcome to the City of Miamil This package is intended to provide you with all open Code Enforcement violations and Iiens attached to the subject property, or properties, es of the current date and time the following reeonmsreatect Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified hens and non -certified Iiens. Certified liens have a set amount to be paid. Conversely, most non -certified Iiens continue to accrue interest or a per diem fine; therefore, those Iiens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the Ike, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page $ of 8 cosnnrcl hv rnnicrnnner City of Miami NAYDA SIGLER P.0130X 371101 MIAMI FL 33137 07/19/201 a Property Search Notice Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 07/19/2018. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number; 01-3124-D2I.171 D Property Address: 70 NW 37 ST Legal Description: PRINCESS PARK PB 6.87 LOT 9 F3LK 10 LOT SIZE 50.000 X 100 OR 19875-1070 08012 (3) Amoun l Payable On: 07,18r20I8 to 08/18/2018 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2" Avenue, 6th Floor, Room 636.1, Miami, FL 33130, I f you have any questions, please ea11(305) 416.1570. Please retain this page for your records. Page 2 or 5 'trnnnpri by C'nmfirnnrw r NAYDA SICLER P.O BOX 37110i MIAMI FL 33137 Folio Number: Proper Address: Legal Description: Lien No. (Case Number) City of Miami 07/19/2018 01.3124.021-17I0 70 NW 37 ST PRINCESS PARK P8 6-87 LOT 9 BLK 10 LOT SIZE 50.000 X 100 OR 19875.1070 0801 2 (3) Property Starch Findings- Pending Liens Description 1 r you have any questions, please call (3053 416.1570. Please retain this pap for your records. Address Page 3of5 Rffinneri hu rnmcenntuer City of Miami NAYDA SIGLER P.0 f3OX 371101 MIAMI EL 33137 07/19/2018 Folio Number: 01•3I24.02I-17I0 Property Addresst 70 NW 37 ST Legal Description: PRINCESS PARK P13 6-87 LOT 9 BLK 10 LOT SIZE 50.000 X 100 OR 19875-1070 0901 2 ()) Invoice Cu$tamer No. Property Search Findings - Open Invoices Lien No. Description Amount Due Sub-Tolal 0.00 If you have any questions, please call (305) 416.1570. Please retain this page for your records. pag4 4 at 5 Connnrrl by r:tn1 (nnnrr Violations Detail Report Folio Number: 01-3124.021-1710 NO OPEN VIOLATIONS FOUND. Page 5of5 crannrrf Fn r:amRrannpr Violations Page 1 of 2 r Megan n pion i nr.w7t � I.ntton • AcTras „ Meetei ; To Do 4q Cage Information Adata1176 NY! 37 ST Zone y t Violations twCrirN Crrt0111,24. wr, r:atMi etxi eampttuc. rota jt'I31T562147io Cam CC.P/ .0 Dr. rApr 39. 60te Hocest 1c.0„ Enfertcii Case Type lcmir4s woe lamel TraUme NumMi if Gm* Imi ket61a007792 Matto pate Cw..ted Viatmm tip t7ew.PPoa eo nat �adta, Y.ltd rt & cos. TWIN 0."t— pis, • co, t 6reAMr, he* Vaaten Cr134 on aseeny Stows CrX.pkd o.,mpb.. 1 insP.elar t)arwl raw Vktst.»Oa* IAF M.tOH 5 wi.a jo.30 pm Cad. e.dno. ar. 00 HsOute fine Ammo! 16o IF- •�� D 1. Issued tow a 20ib T.a.1r.r.d Ramp, Tweet Manse Raquioe yy CorMdkae Coe' S0C 17.2 Comments . leopeatCremc.T '^'Rw61deee Compliance/Extension Dales Process Change rHaw CemphDivoi? Say,' I(""W. O.r. Co xx•••e 0014, 60, ma r°'" m.! &tome to Are on er 20 2011 Erhnder 0.2or on 12,2 70.7611 IC000ge to to jQharee to vr, h.ttp://lmprodOl/cityviewweb/ceactivityyViolntions.aspx 7120/2018 Violations Page 2 of Search & Navigation Search Oy Criteria Number Equal to Street Naito It exactly Street type At eaattly Ri uthe Case Sheet N.,r trier Name Tyce v, 70 137 fst 1 Number Ouse Norris Street type Unit Case Number Propgrty,taet andtd 7o 37 S7 CE:018007792 0 37 It orneOtts37 4 http,//ImprodO 1 reityviewweb/ce ctivitv_Violations.aspx 7/20/201$ Violations Page 2 of 2 Search & Navigetian Searttt By a Criteria Numke! Equal to Street Name I$ washy Street type is exactly Results ('Case Sheet N.meer Name Type v( f70 1.31 Number Street Name Suaat type Case Number Unit Cafe Number Proeetty_laet Bndld 70 I7 SY 0 ar r CEI7r3 I!77 4 y Imp :ill niprod(1/ciryviewweb/ceactivity_Vioiations.aspx 7/20/2018 Violations Page 1 of 2 tr4.4., 5i,, Mom !Nowa; To CCLoe� Casa Information Ad.rc.s 120 taw 37 sr ions lily F.aa10131240211710 as Comoaar,e.evs lion id. 101$ Violations Goblet Kw? viotxbuft andCarpaaae 2rrcess `Cade Enbarttroom NOv C".Tns Pew` cons ,o3em A1aht. jam, T.acsvq Nuotut Caw d°'irk. f 0E2e 11dt1317 VoUd.n {.{41 YWQaXPENFOalIEL1 yr7MCN A F1r1AUUIE0 MOW 7tat.s Iatmtod Inap.cla I Gland Toot. Volts.. ba t I, at am. C.CLI t7.uwodon a+�1P; aaEa,.:rcu rauuzEaPErltdr 1 Moan on rood I I0 s: Aa1 Codt 4.oke Mt Ammo( jade tR s150e Codturc led(`3C I0.I03 O.RO SEC21A2 Oats h000d jlln pl. ma C'"s"0"h lie S6 API TeYse Humbw I Req.vN ennee.baot t+. Gty ae Mt" Otpttenstnt a Communoty d. Figat mo {x.uomnent tad made A.Ads +Wo ad,* tom Att A ',coot), gw,.ms n Onoemg Me.r OnpeR.at.mO can.padnta with the C.tys Cs0es. Ti ted Out 4 you 4nt v n o.tre !ar Mahn( carat th u7n(e to e code . Jataoned a CeWea. dealt Coma 1os-413-lo3e a cold 04r —R.vwt ofwrcet RiyldotV ? &Molar Tan* now. to Ma Compliance/Extension Dates {Now Compiavice+ Savo wt. CErlilta1ca Ow Im, O. 2011 i11. T°nt4 Y!hO6^aYYYY flux tnu.d .Ada a Mid &lens so Airto eJutOA PM& Process Change KAWo.elon All getoW http://lmprociO 1lcityviewwcblccactivity_Vialations.aspx 7/20/2018 Violations Page 2 of Search $ Nayigat:On Sescft by .a Ctiterla Ni,mt qr Equal to Streat Name 1$ axt;y Slrael tyre b a■acry e, Results Cast SErST: Number N'<na Trcn vj Number Street:Iwo S:raet ripe Unit Casa Number Praperrj lac ea014 i9 37 S+ SE,3teC9779: 4 7Q 7,7 ST cut11d01133T 4 http://1 mprodO Itcitvviewweb/ceactivity_Violations,aspx 7/20/20 18 Cerrato, Julia From: Cerrato, Julia Sent Tuesday, June 12, 2018 10:38 AM To: 'Joseph White' Subject: Mural Transfer application - 70 NW 37 ST Attachments: Violations 70 NW 37 St as of 6,12.18.clocx Hi Joseph, The attached violations were found on the referenced property and must be complied prior to approval, Thanks, Julia D. Cerrato, Assistant Director City of Miami Office of Zoning 444 SW 2Avenue„ 4th Floor Miami, FL 33130 Telephone: 305-416-1006 icetrato@miamigov.com "Serving, Enhancing, and Transforming our Community" Ftrfal LasersTi. LciVearrrit 1Current Page lc Da List -7 titre Vtotaticns and Cornplunne ViS 171 rifo rm a tio n - ir Eileen r 1 iv:foe-Mt LJ lenges r Address 70 te,v Ty ST Zone 122 F°0° 1013 124,2211710 Date Compliance Dos 1.Sor X. 2011i PloGes Code efface:flirt UOV C*2" I rPe 1Draffiti Status Tracking slumber Case Humber E2D:SC,1"7g2 Status Cate Com p4r d Violation Inspector Description Violation Fit-? - Graffiti on groped? tlew Save Stem 3 101)443 In speetor C.3rJ Tavel Violation D•tt e rAp. 27,20 Violation Time Iczx Description f3mfrio on Reese? Code Section Fine Amount I2t0 ert7"— 1200 1Cd) Cze3e SC:".. Comments rime Issued L fiZ24 Ticket Number I Required Date Issued Carreeflan3 Repeat Offence? Triaght of Way? enr+.3-13 ;It.= tr. +Iv :Aro a oinp lance. xtens_ ion Dates rotess eFiang--e r ttaokC�tPanC Sa.t Date Compt,ance Cu. lApr 30.2028 17:7-7.1 date format: it 4.1,DOWYrf Felai L. Violnises Leltrra L f4ar �}• Las,..ri• M.0 t: :_.. Current Pale biatQ D hariiCa i temp= to Da Lot Li^sue V aatienp andCamp{:i nta iQ5tSE i1t7abaft Address $70 rtW 37 ET Eon* I32 Fali0 rO131.:40E11714 Date Compliance Do Pros■s s Code Enforcement rt0 Cas■ TYP• line; Constructren Qafve lour, hacking (tuning I Case !ham bee Em3ltli; 1193. ,77 Status Cale Cam pied Viotatian In*poctar Description ViotaLon !Elea -WCRK PERPM:QED WITKot,rr A:I:LAUZEED PE.=.M1T Staeu* !open J Desedptron in *pectin ice-MItsar Vi0tallon Dalr �;e,»pR, •!59 Violation Tim* Ito ""AM FineAmovnl rstr.; Date issued Lna.=18 Time Issued I19 aLl matt Ilion bet I Coda &action ICr� Cxe rc''6.31.7w` 144 101,23 4OA3 SE�I1 u omm arts Required 41€.2CSO ce visit car welaaade at fever..^niamisox.eortw/ca:xmunPfdavalormerit {wtiDCw Oil Trig Cotemdicna W.SST SCt7E CATI-E FRCP€ATY Eli CLOSED Wrr4cu7 A PStMIT. A PE&MIT REEDY TO 9E Pu.LED .A011) F'It UZE ACK Tr4E WCAIK COMPLETED') Raped CIrenew? Dig at a41780 caExtanslon Dr.**LP roc sss Chai Explanation Dale Complince Ca* bon la. 2018 dale romr x' Ervered ty id v Cr . V` 03..7019 Erlerto or du.t ram an Ar Oft 2:113. a' n Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and Iiens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as passible. All outstanding violations and liens must be satisfactorily resolved before the CCty can issue a Certificate of Use (CU); however, the City Inspects ail properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or' the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Pao 1 as City of Miami JOSEPH Wilaft.,: 4350 i+ LU.MEL13ACK RD 1326() MIAMI FL 115018 02i23 "20I8 Property Search Notice Per your request !copy an:idl'J), the undersigned has searched the records of the Director of Finance in and for th4 City of Miami. Florida, tie any liens and other fees outstanding against the following described property as of: 07'23'2018 The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest catculatior.s, the amount yhnu It k subject to change as reflected below. Folio Number: tit.3124-02t-1710 Proper[~ Address: 7u NW 37 ST Legal Description: PRINCESS PARK Pe 6.87 LOT 9 BLK 10 LOT SIZF.50.000 k 100 OR 19875. I0'+a 0 uI2(3) Amount Payable On: 02/22/2018 to 03/25/2018 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other lions recorded in the public records nl Miami-Vadc County. Erica T. Pa t:hiil Finance Director To iaisure proper credit oryln,r payment, include a copy of all pages or the property search findings along with your payment and suit to: City in. \liami, 'Treasury Managcrnent/Payment Processing, 444 SW 2p4 Menue, 6th Floor, Room 636-1. Miami, FL 33130. If you have any questions. please call {305) 416-1570. Please retain this page for your records. Page 26,15 City of Miami JOSEPH WHITE 4350 E LUMELI3ACK RD 13260 MIAMI FL 85018 02/23/2018 Folio Number: 01-3124-021-1710 Property Address: 70 NW 37 ST Legal Description: PRINCESS PARK PB 6-87 LOT 9 BLK 10 LOT SIZE 50.000 X 100 OR 19875-1070 0801 2 (3) Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Pegs 3 of 5 City of Miami JOSEPH WHITE 4350 E LUMI;LI3ACK RD i3260 A IAMI FL 55018 02/23/2018 Folio Number: 01-3l24-021-1710 Property Address: 70 V 37 ST Legal Description: PRINCESS PARK PB 6-87 LOT 9 ELK 10 LOT SIZE 50.000 X 100 OR 19875-1070 0801 2 (3) Invoice Reference No. Property Search Findings - ©pen Invoices Lien No. Deacrlptton Sub -Total If you have any questions, please call (30S)416-1570. Please retain this page for your records. Amount Due 0.00 Pag©4or5 Violations Detail Report Folio Number: 01-3124.021-1710 NO OPEN VIOLATIONS FOUND. :.( Pete IS ar 5 IRREVOCABLE LETTER OF CREDIT Borrower: Becker Ileards Miami, LLC 4350 E Cornerback Rd Ste 13195 Phoenix, AZ 85018 Beneficiary: City of Miami 3500 Pan American Drive Miami. FL 33133 Lander: Motto Phoenix Bank Min Of lice 4686 E. Van Buren Street, Ste #150 Phoenix, AZ 85008 NO.: 140000003 EXPIRATION DATE. This letter of credit shall expire upon the eartier of the close of business art 08-25.2015 and all drafts and accompanying statements or documents must be presented to Lender on or before that time, or the day that Lender honors a draw under which the huff amount of this Letter of Credit has been drawn Oho "Expiration Date'). AMOUNT OF CREDIT. Lender hereby establishes at the requite; and for the account of Borrower, en Irrevocable Letter of Credit in favor of Beneficiary for sum of FFive Hundred Thousand & 00f 10D Dollars 15500,000,00) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sicht drafts drawn on Lender at Lender's address Indicated above for other such address 'het Lender may provide Beneficiary in writing) during (egwar business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: Pi FASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REOUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE. YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor dratte submitted by Beneficiary under the following terms and conditions: Upon Lender's honor o1 such drafts, Lender shag bo hilly discharged of Lender's obti9adons under this Lauer of Credit and chat not be obligated to make any further payments under this Letter o1 Credit once the lull amount of credit available under this Letter of Credit has been drawn, Beneficiary shaU have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies silicify with this Letter of Credit, and which on its face appears oteervrlse in order but which is signed, issued, or presented by a party or under the name of a patty purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing es Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be Noble to Beneficiary, or any other person. for any amount paid or disbursed lot any reason whatsoever, including, without limitation, any nanapplicstton or misappfication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certilfca that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Banaliclary promises to return to Lender any funds received by Beneficiary in excess of the Latter of Credit's maximum drawing amount. USE RESTRICTIONS. Al drafts must be marked 'DRAWN UNDER Metro Phoenix Bank IRREVOCABLE LETTER OF CREDIT ND. 140000003 DATED 08-26-2014," and the amount of each draft shall be marked on the draft, Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter at Credit and make a draw ender this Letter o1 Credit. This original Letter of Credii must accompany any draft drawn hereunder. Partial draws are not permitted under this Leaser at Credit. PERMITTED TRANSFEREES. The right to draw tender this Letter of Ctedit shall be nontransferable, except fors A. A transfer fin its entirety, but not In part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator. successor. or other representative at law of the origins) Beneficiary; and 8. The first Immediate transfer On its entirety, but not in pan) by such regal representative to a third party alter express approval of a governmental body ffudicial, administrative, or executive), TRANSFEREES REQUIRED 00CtlrnENTS. When the presenter is a permitted transferee (1) by operation of law or Ili) a third party receiving transfer from a legal representative, as described above, the documents required for a draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. COMPLIANCE BURDEN. lender is not responslbte for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely se written. Beneficiary understands and acknowledges: ill that unless and unfit the present wording of this Letter of Credit is emended with Lender's prior written consent, tho burden of complying strictly with such wording remains solely upon Beneficiary. end (III that Lender Is refylne upon the lack of such amendment as constituting Beneficiary's initial and continued approval 01 such wording. NON-SEVERABI(.ITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having furisdfctton. Lender's eneire engagement under this Letter of Credit shall be deemed nett and void ab !nitro, and both Lender end Beneficiary shelf be restored to the position each would have occupied with all rights available as though thls Letter of Credit had never occurred. This non-sevetabltity emulsion shag oveuide all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement wilt be governed by federal law eppliceble to Lander and, to the extant not preempted by federal law, the laws of the State of Arizona without regard to its con1Gcts of law provisions, and except to the extent such laws eta inconsistent with the 2007 Revision of rho Uniform Customs end Practice lot Documentary Credits of the International Chamber of Commerce, iCC Publication No. 600. This Agreement has been accepted by Lender In the State of Arizona. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and In compliance with the terms of this Letter of Credit will be duty honored It presented to Lender on or before the Expiration Date unless otherwise provided for above. Dated: August 26, 2014 AUTOMATIC RENEWAL. It is a condition of this Letter of Credit that Lt shall be deemed automatically extended, without emenement. for additional periods of one ill year from the present or any future expiry date hereof, unless at least thirty 130) days prior to the then current expiration date we send you notice in writing. at your address stated above. by registered mail, that we elect not to renew this Leiter of Credit lot such additional period. IRREVOCABLE LETTER OF CREDIT Loan No: 140000003 (Continued} Page 2 LENDER; METRO PHOENIX BANK Authorizod Signor PIA torIN14. ipISM, .42 MAVOI1A.304XaC 0,111 MIAMMADE Prrit mlamIdade.ltov January 3.2018 William Logan LOGAN CORPORATION PO Box 547130 Surfside, FL 33154 Anniversary Data: December 18, 2018 Internal Services Department Small Business Development tit NW 1 street, t0ih Floor Monti, Monde 33128 neamdxie gm' T 30S-375,3111 F 386 37$31G0 Approval Date: December 18, 2017 • Smell Business Enlorprise - Goods & Services (SBE - G&S) Expiration Date: December 31, 2020 Dear William Logan, Miami -Dade County Small Business development (SBD). a division of Internal Services Department ((SO), Is p''easod to notify you of your firm's continuing eligibility as a certified Small Business Enterprise - Goods & Services (SBE- G&S) In accordance with section 2-8.1.1.1.1 of the Cade of Miaml.Dade County. Your firm is certified in the categories Listed below. The SBE/GS certification Is continuing through the Anniversary Date listed above, contingent upon your firm maintaining Its eligibility based on the criteria outlined in the aforementioned code. You will be notified of your annual responsibilities In advance of the Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Data In maintain your AligIbitity Voi r firm will he listed in the direr.?nry for all cnrlillad firms, which can Us accessed through Miiarni-Dade County's SBD website: h11p:l/www.miamidade_eovlbusinesslbusiness•certification-proarams.asp, If (here is a material change in your firm, you must advise this office by submitting a status change form with the associated supporting documentation, within thirty (30) days. Changes may include, but are not limited la, ownership, officers, directors, management, key personnel, scope of work performed, daily operations, on -going business relationships with other firms or individuals or the physical location of your firm. After our review,'you will receive instructions as to how you should proceed, if necessary. Failure to do so will be deemed a failure on your part to cooperate and will result in action to remove your firm's certification. It Is strongly recommended that you register your firm as a vendor with Miami -Dade County. To register, you may visit; http:/lwww.miam(dade.Aovlprocuremant/vendor-req(stret ion. asp. Thank you for your Interest In doing business with Miami -Dade County. If you have any questions or concerns, you may contact our office at 305-375-3111 or sbdcertam iamidad e. gov. Sincerely, Claudious Thompson, Section Chief Small Business Development Tier: CATEGORIES: (Your him shay hid or pareopate on contracts only under these categories) NIGP 3.5000: FLAGS, FLAGPOLES, BANNERS, AND ACCESSORIES NIOP 55000: MARKERS, PLAQUES Alb TRAFFIC COMM DEVICES NIGP 5650O: PRINTING PREPARATIONS. EICHINo, PHOTOENGRAVING Scanned by CamScariner [MEL 1. ALFONS() City Manager September 5, 2014 Becker Boards Miami, LLC. c/o Mark D. Becker 990 Biscayne Blvd., #503 Miami, FL 33137 Re: Qualified Applicant submission per Mural Program regulations Dear Mr, Becker: We have received the documents you submitted in connection with the Qualified Applicant process per Chapter 62 of the City of Miami Code of Ordinances. Becker Boards Miami, LLC. is hereby qualified under Chapter 62 as a Qualified Applicant for the Mural Program. Please provide on an annual basis proof of continued public liability Insurance in the amount of $3,000,000.00; all required city and county business tax receipts; and copy of bond or letter or credit in the amount of $500,000. As always, please do not hesitate to contact me should you have any questions or concerns. Vanessa L Acosta, Esq., Senior Assistant to the City Manager City Manager's Office PI ANNINCI AND YON1NCi DIPARTMENT 444 S.W. 211t1AVIN1UP, ird Pot / Mi.un, Flight,' )1130 / Monet (3051 4 lit- ill311 1 ax 1305' 4 I(-? 156 Mailng Achlresv V() Box 1 WEIR Miami, Florida 33231-0)0a 70 NW 37 Street Miami, FL 33127 30' ACE 1,LiVAt tort CygfiTH tilyAt 10_Ft iPhone 7 30' 70 NW 37 Street West Face Miami, FL 33127 II iPhone7 13' 70 NW 37 Street North Face Miami, FL 33127 3 a*" - ... • 1-itte amid Swath Sect, Print Mean hOrtleS :?ffs'.,...,..,.it,„ .,,,I'A•1...•, . . . ,i4f.",,,i1'.",,," .,:,'4,,,,,,..!,,,:LJ,L, -,)„.,,,, ,,,,,.6.,,,,,,,,,,,,.„-....,,,.••-..,:: 1..,..,,,,,,,;/,;,,-,,,,,Igif4,..,'i:4,,i,,,,it';,,,,,,,,-06".,;..._,:.:, • ,,,..,.-,--, -,..4: ,,,,, " " • — ''• wnnsHanw ,,F.,7,,,,,,!. -,,,:,,,:747.,,,,:i.,,:,,,,J,..:7774.t,i ',. -' , i .•:':','''':,,,-‘!,.:,'.::::-.1.:':j.,......1..'-:, ',',- i7::,,...::,'.,:'..,... --; • ,.,..;.,,'',.-•'..i .._ '70 Nw 37 57 SOUL Sluff CC , ) _ e v,,,,,,q,..::,?,„i„., • gigi,+it,;44:-*',:c5-,T.-'183,4546i,,tii%4i',P,,,,,,`,-. ' - -r: ,r-.••,,,,,,,,,,,,,.•, , _., : ,,,,,,., . „„„,„ ..., ,,... ,,, ,, , ,,, , ,• ?t4 Seen Leger 1 .erL Recruits fog, PtC9Priy Districts 7.01strig Lrinrititt. Mat: Link PROPERTY INFORMATION:_ I.. Fano: 0131240223720 City AcitPess: 70 NW 37 ST County 70 NW 37 s'r Address: I Owner: SOUL S7LiFF CORP- 420 JEFFERSON AVE 03:31A:11309-616SEACtiO3 iht7er:1 List ir)9 Units: 0 lActust Area: 5,652 Sq Ft p*; 0 So Ft Area: 5,652 S Ft it.or 5,000 41' Year Boat: 2962 PriaCESS PARK p -51 LOT 9 SU< 10 tor SIZE S0,000 X 200 OR 1987S- 1070 0802 2 (3) Le9ai Description: Dredi i9sig-/07ri AMY PLAT 6-67 t4 4:.‘14,14 ',"•:r 4." VII CITY OF MIAMI 444 S.W. 2" Avenue, 4" Floor, Miami, FL 33130 Telephone No. 305.416.1006 DATE: INDEMNIFICATION / HOLD HARMLESS AFFIDAVIT RE: PROPERTY(S) LOCATE' AT: qe? /1/14) /41/010,1:1 FL- TO:CITY OF MIAMI, FLORIDA ATTN: Office of the City Manager 444 SW 2 AVENUE 4TH FLOOR MIAMI, FL 33130 FROM: S ) 511474 ofd, Legal owner of the above prkerty. ) z FROM: 13e(1.(/ bOA / )3 fit 14- L.-- Applicant The undersigned hereby affirms that he/she is the legal owner of the above -referenced property and /or applicant for a Mural at that location. Furthermore, the undersigned hereby acknowledges that he/she has heretofore made application(s) for and received approval from the City of Miami, Florida, for the following: IF/ Temporary Mural Permit # 0.Vi On 8, 11.31/e) b jj,y,Mpnager's Designee (Da(e approved) (City dept// City conimission) Temporary Mural Permit # - On / / by City Manager's Designee (Dale approved) (City dept./ City commission) In connection with the foregoing, the undersigned Is hereby requesting the City of Miami, Florida, to issue a building pormit(s) for the construction of the following described improvement(s) on the property prior to the expiration of the deadline for the applicable appeal period: /5 The undersigned understands that in connection with the above —referenced property the applicable appeal period deadline(s) for the above mentioned approval(s) is/are as follows: t2-1-1 r CITY OF MIAMI 444 S.W. 2n4 Avenue, 10" Floor, Miami. FL 33130 Telephone No. 305.416,1499 5 /2018. in consideration of the City of Miami, Florida agreeing to issue a building permit(s) to the undersigned as herein requested, the undersigned agrees as follows: INDEMNIFICATION / CITYOF MIAMI HOLD HARMLESS AFFIDAVIT Permit #16-0041 (a) Pay all actual or estimated permit costs and ober applicable City regulatory fees associated with the improvements requested to be built prior to issuance of any building permits by the City of Miami; (b) Acknowledge he/she is proceeding at his/her own risk and hereby agrees to assume all responsibility and to indemnify, defend, and hold harmless the City, its officers, agents, and assigns In connection herewith; (c) Immediately cease all construction on the property if an appeal Is filed within the above stated appeal period; (d) Acknowledge that the City may impose conditions on approval which are required by State, County, or City laws and regulations that are otherwise necessary to insure the public health, safety, and welfare of the citizens of the City of Miami, Florida; and that the City may enforce the terms of this affidavit by its issuance of the building permit(s); (e) Acknowledge that the issuance of building permit(s) to the undersigned is not a grant of any vested right whatsoever for use. or completion of construction on the property; and (f) Indemnify, defend, and hold harmless the City, its officers, agents, and assigns from any claims, demands, liabilities, losses, causes of action of any nature whatsoever arising out of or in connection with the permit(s) issued or any part thereof, from and agair.st all costs, fees, expenses, liabilities, any orders, judgments, or decrees which may be entered, and from and against all costs for attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the investigation thereof. CITY OF MIAMI 444 S.W. 2a° Avenue, 10" Floor, Miami, FL 33130 Telephone No. 305.416.1499 Becker Boards Miami, LLC, Mark D Becker Print Applicant and Affiant's Name Applicant and Affiant's Signature (STATE OF ARIZONA COUNTY OF MARICOPA COUNTY) The undersigned instrument was acknowledged before me this ..5Y4 day of Pht,(41 , 2016. He /she has personally appeared before me and is known to me or has produced OtlYta 1-iliCinele as identification and did (did not) take an ath. My commission expires: Name: Notary Public —State of Arizona Commission no: May )4 122'q Becker Boards Miami, LLC, Mark D Becker Print Applicant and Affiant's Name Appitcan and Afliarits Signature Dow Tony Notary Public - Arizona Maricopa County My Commission Expires Ma 14 (STATE OF ARIZONA COUNTY OF MARICOPA COUNTY) The undersigned instrument was acknowledged before me this 3"4 day of , 2016. He /she has personally appeared before me and is known to me or has produced 1VtiLICivw as identification and did (did not) take n oath. My commission expires: N Notary Public —State of Arizona Commission no: Mai /-M1 Dow Terry Notary Public - Arizona Maricopa County My Commission Expires D. Ati nun September 14, 2017 SOUL STUFF CORP 420 JEFi ERSON AVE MIAMI BEACH, FL 33139 RE: Completed Certitication of Buildings 40/50 Years or older Property: 60 NW 37 ST Folio Number: 013.124.021-1700 Dear Owner: This is to inform you that we have received and reviewed the electrical and structural certification reports for the above property, along with the required fee. The process is now complete and the building Is grunted rc-certification. Please be aware that from this point on the building will need to be recertified every ten years. The ten year period begins at the 40 year anniversary of the building certificate of occupancy and NOT the date of recertification. Should you have any questions or need further information, please call (305) 416-1115 or e-mail ,Respinoza(i miamigov.cor Sincerely, Maurice L. Pons Building'Officiai MLP/re BUILDING DEPARTMENT/ P.Q. Box 330708 l Miami, FL 33233.0708 / t305? d t 6.1100 tT ifu u± ,Mianti CERTIFICATE OF USE FIRE SAFETY PERMIT BUSINESS NAME : DBA: DATE ISSUED: VALID FROM: ACCOUNT NUMBER: SERVICE ADDRESS: APPROVED USE: COMMENTS: RESTRICTIONS: THIS IS NOT A BILL SOUL STUFF CORPORATION SOUL STUFF CORPORATION 09/13/02 10/01/17 TO 09/30/18 25335 60NW37ST CUM -Industrial Storage/ Distribution General warehouse Restrictions on this CU are informational only. For all restrictions, please contact the Office of Zoning • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR OE MOSTRAR ESTE C1:RTIF1CADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIo. Ida -,I 1 Vt.. 141.4 KI t11l\.ptC 14 I'tW re 1 at 1,1ClaUtC. 41 you relocate, sell the business, or change the type of business a new certificate must be obtained from Building and Zoning at 444 S.W. 21.d Avenue, 4n. Floor, Phone: (305)416-1199. Please note that this Certificate of Use expires on September 30th of the effective year fisted herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call (305) 416-1570. Favor de tomar nota que este Certificado de Uso se vence el 30 de Septiembre del of o indicado. Asegurar la renovacion para el fro de Octubre es is responsabilidad del negocio. Para mas informacion puede llamar al (305) 416-1570. .tti • ••• •t; , Sfr a' ua 160 NW 37 ST 'SOUL STUFF CORP 70 NW 37 ST SOUL STUFF CORP 78 NW 37 ST SET MIDTOWN LLC 85 NW 3G ST IT/RRENIA DEVELOPMENTS LLC 77 NW 3G ST ITIRRENIA DEVELOPMENTS LLC • .. 59 NW 36 ST TIRRENIA DEVELOPMENTS LLC Distric 2 District 5 NEIGHBORHOOD ASSOCIATIONS Wynwood%Edgewater NET The Honorable Ken Russell The Honorable Kean Hardemon Wynwood NET Office Cynthia Cruz, Acting Administrator City of Miaml,Ptanning Department Wynwood Historical Homeowners Association Buena Vista Stakeholders Corp. Dade Heritage Trust Wynwood Business Improvement District Spring Garden Ovic Assosciation Buena Vista East Neighborhood Assoc Miami River Commission Biscayne Neighborhood Association Miami River Marine Group c/o Cass II Coordinator America Medina Lorena Ramos, Chair Person Christine Rupp, Executive Director Manny Gonzalez, Executive Director Ernie Martin Robin Porter -Alvarez, President Brett Bibeau Andres Althabe Bruce Brown 3500 Pan American Dr. Mlar�i. Fi 33133 3500 Pan American Dr. Miami, FI 33133 101NW34ST Miami, FL33127 444 SW 2 Ave 3rd floor Miami, FI 33130 PO Box 351957 Miami, FI. 33135 20 NW 45th ST Miami, FIJ3127 190 SE 12th Terrace Miami. FL 33131 310 NW 26th ST. tt1 Miami. FL33127 1000 NW North River Dr„ W114MIamI. Ft 33136. P.O. Box 3714£s7 Miami. F,33137 1407 NW 7th Sheet , ii2 Miami, FL 33125 P.Q. Box 370461 Miami, FL 33137 3033 NW North River Dr. _Miami, FL 33142 (305) 250-5390 (305) 960-2904 (305) 416-1473 N/A (305) 213.3747 (30S) 358-9572 (786) 615-8828 5) 325-8730 (305) 984-5987 (305) 644.0544 N/A 305-637-7977 krusseli{mmia minov,Rgrn kha rdemon{clmiamjov,ccm ccruziamiamiypv GQrr rafaelrodriguezr miamirov.som Wynwoodassociationemall,com torenaneiehbortaemail.com ch risi2adadeherlta retrust.org ma n nyrawvnwoodbid.com Em5uYi(iiicii1 in2.?44(muninir.com hvehnat email .com bret tbi bea u R mia mirivercomm i s s ion.ora. Andreq.Althabe rM b na m iarni.org s arkbailevtamiamirivermarineerouuore 1-4 Er' 1-9 -13 CITY OF MIAMI-11 0 444 S.W. 2"d Avenue, 10" Floor CI Telephone No, 305.4' CITY OF MIAMI rn TEMPORARY MURAL P NOTIFICATION LETI You are hereby notified that an application will be submit Manager of the City of Miami for approval of a Temporary M 62, Article XIII of the City Code, for the following purpose: U.S. Postal Service' CERTIFIED MAIL RECEIPT Domestic Atoll Only For dwy? Mt cr.28 ow* 4-0119 2t Wm& Ip FFIC1AL [jt,s' Carabad KW fro A bill -a Simon & Perot far...mac rano aorer-s4t) ElPsirrt RecarrA taint..."V DRAM' Paw** *swede) 3 11C143md M Pottecird n**.nty 0 Aeas sOut 367ature Fematiad Oakley S 1 lal fastage and Peas ,Pviintsrtt Very ................... tern 9)1 NOTIFICATION TO: Soul Stuff Corp. DATE: I 5/ 5/2018 ADDRESS: 420 Jefferson Ave., Miami Beach, FL 33139 NAME OF APPLICANT STREET ADDRESS Becker Boards Miami, LLC 900 Biscayne Blvd., #503 CITY, STATE, ZIP CODE Mianti. FL 33137 SUBJECT PROPERTY ZONING DESIGNATION 70 NW 37'11 Street. FL 33127 — Folio#0131240211710 T5-O DETAILED DESCRIPTION OF APPLICATION Install Temporary Mural on the north and west face of the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE 1011 x 13'W Nonh Face; 10'11 x 30'W West Face LOCATION OF ' MURAL ON THE STRUCUTRE Northwest Wrap This application will be reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you af:er submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW rd Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 416.1006. The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. 2 The City Code requires that all abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application in an approved notification form as ,set forth in Chapter 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE: • DATE: 1-2111.)) • is m rn Cr 1-4 .n CITY OF MIAMIci 1=1 444 S,W. 2"tl Avenue, 101b Floor ti Telephone No. 305.4. CITY OF MIAMI ma TEMPORARY MURAL P NOTIFICATION LETT o You are hereby notified that an application will be submit r'- Manager of the City of Miami for approval of a Temporary M 62, Article XIII of the City Code, for the following purpose: U.S. Postal Service CERTIFIED MAIL. RECEIPT Domrates A It trily NOTIFICATION TO: ADDRESS: Set Midtown LLC 3801 Collins Ave.#606, Miami Beach, FL 33140 DATE: 5/15/2018 NAME OF APPLICANT Decker Boards Miami, LLC STREET ADDRESS 900 Biscayne Blvd., P503 CITY, STATE, ZIP CODE Miami. FL33137 SUBJECT PROPERTY 70 NW 37'h Street, FL 33127 — Folio70I31240211710 ZONING DESIGNATION TS-O DETAILED DESCRIPTION OF APPLICATION Install Temporary Mural on the north and west face of the building, FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE 10'H x 13'W North Face; 10'H x 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will be reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you of:er submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2'`d Avenue, 4'h Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006. The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2nd Avenue, 3i4 Floor, Miami, FL 33130. Fcir an appointment, please call (306) 416-2030. i The City Code requires that ail abutting property owners and registered Neighborhood or Homeowners 1 Associations be notified of this Permit application In an approved not gcetion form as set forth in Chapter 162 of the City Code. MANAGER'S DESIGNEE SIGNATURE: ,r'z 1� ��;! t_. "� �--x- DATE: Prastat Sentice" • ca 1=1 ✓ t CITY OF MIAMI r=i 444 S.W. 2" Avenue, 10" Floor, Telephone No. 305.41 C3 CITY OF MIAMI TEMPORARY MURAL PI 13 CERTIFIED NIAILe RECEIPT Domestic Llea Only Far &Over? Cgotwolicc. Vail cut !CIA • * ICIJCW.; E :CarbrialikalF4* Cxtra sc.naccsfi — co; rid perrApe*V0) • Roulot hmkoph $ OP4kin MO* (66*004 awsKto DONN O vkit siyugan R01.*Pld • SoVituhi Ftwitticubl IPOSG100 LI Pout., go end KN. NOTIFICATION LETT 2 5 ..... You are hereby notified that an application will be submiti m.c:1 6°9' '-4141,.,;,,1,5*- Manager of the City of Miami for approval of a Temporary Mt: F7-- HO 62, Article XIII of the City Code, for the folloviing purpose: NOTIFICATION TO: ADDRESS: NAME OF APPLICANT STREET ADDRESS CITY, STATE, ZIP CODE Tirrenia Developments LLC DATE: 5151 Collins Ave., Ste. 224, Miami Beach, FL 33140 Becker Boards Nliarni. LLC 900 Biscayne Blvd., #503 Miami, FL 33137 5/15/20113 SUBJECT PROPERTY 70 NW 37'h Street, FL 33127— 1710Folio#013124021 ZONING DESIGNATION TS.O DETAILED DESCRIPTION OF APPLICATION Install Temporary Mural on the north and west face or the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE 1011 x 13'W North Face; 10'11 x 30'W \Vest Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will be reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW rd Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (306) 416-1006. The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth In Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of hearing Boards located at 444 SW 2"d Avenue, 3'd Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. r •••••*-- The City Code requires that ail abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application in an approved notification form as set forth in Chapter , 62 of the City Code. • MANAGER'S DESIGNEE SIGNATURE: DATE: 1_tiAEL__ • :•••• .41 /1401: 11:041.1 ea. Et. tr r- t--1 CITY OF MIAMI .13 CZ1 C3 444 5.W. 2" Avenue. 10" Flow Telephone No. 305,41 C3 .11 CITY OF MIAMI 1E1 TEMPORARY MURAL P; NOTIFICATION LETT You are hereby notified that an application will be submit Managerof of the City of Miami for approval of a Temporary Mt 62, Article XIII of the City Code, for the following purpose: NOTIFICATION TO: ADDRESS; Honorable Ken Russell U.S. Postal Service' CERTIFIED MAIL? RECEIPT Dasnestic gananiv° diatfrit int cffinatt,cat, vuttoul Wacit60466 1616,6146604144:6113444 embaci $.44 roe Edna Section/ Foam pee* 41. 0 Roxn navaiPI,**001 0 Retunrlacki:6WOOV*4 g 001.01kd MIktuiCtEt Dekwy 0 MLA Pratur. Ons4664 016/641 6:ovum' Flesuiclal robtiri .46146e 3500 Pan American Drive, Nliarni, FL 33133 DATE: 5/15/2018 NAME OF APPLICANT Becker Boards Miami. LLC STREET ADDRESS 900 Biscayne Blvd.. #503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY ZONING DESIGNATION 70 NW 37th Street, FL 33127 — Folio#0131240211710 T5.0 _ DETAILED DESCRIPTION OF APPUCATION Install Tetnporary Mural on the north and west face of the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE 10'H x 13'W North Face; 10'14 x 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will be reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami. Office of Zoning, Miami Riverside Center, 444 SW 2nd Avenye, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006. The City Managers Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2nd Avenue, 3"I Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. The City Code requires that all abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application in an approved notification form as set forth in Chapter 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE: Lt r1 CITY OF MIAMI j3 444 S.W. 2" Avenue, 10" Floor tr::33 Telephone No. 306,41 CITY OF MIAMI TEMPORARY MURAL PI NOTIFICATION LETT r You are hereby notified that an application will be submit Manager of the City of Miami for approval of a Temporary IVit 62, Article XIII of the City Code, for the following purpose: US. Postal Service"' CERTIFIED MAIL? RECEIPT Domestic 41.iall Only For *gym En ,ancr4 *a our anataaato al to rive.taluazAwa • OFFIC!AL USE OsraOad Fatl Ezra Services A Fees ONO RItin Recdpl 4,../4.110 tj Baum Roodol idoctoni4 13 (Demo ma hivecied ijAdtA *own, Roxii*1 OM* ftnotar IkittaEs 0.oety Ph251491 Otal oalaaa a V 1 I. IA6. A 3ent s4.v" I. .1.(tax ,11-Ar4 Pefetn -/frile<7.c.ayz_br: PS Rma AS*, Afaii2StS Panzz &Pa Reverse 10a; laaauclaana NOTIFICATION TO: Honorable Keon Hardemon I DATE: I 5/15/2018 L ADDRESS: 3500 Pan American Drive, Miami, FL 33133 NAME OF APPLICANT Becker Boards Miami. LLC STREET ADDRESS 900 Biscayne Blvd., #503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY 70 NW 37'1' Street. FL 33127 — Folio40131240211710 ZONING DESIGNATION T5-O DETAILED DESCRIPTION OP APPLICATION Install Temporary Mural on the north and west Face of the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE I O'H s 13'W North Face; 10.11 x 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will be reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans. and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2" Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006, The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2" Avenue, 3'd Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. The City Code requires that all abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application in an approved notification form as ,set forth in Chapter 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE. DATE: 5 • a a r- rT CITY OF MIAMI 444 $,11V, 2" Avenue, 10" Floor F:33 Telephone No, 305,41 IZ1 CITY OF MIAMI rcl TEMPORARY MURAL PI co NOTIFICATION LETT 8 You are hereby notified that an application will be submit r- Manager of the City of Miami for approval of a Temporary Mt 62, Article XIII of the City Code, for the following purpose: US. Postal Service CERTIFIED MAIL' RECEIPT corasev sio only rut eenv weeerenen, OFFICI E rjrd Mai Fe* ixtra Sargicas A1 FC,32 4356 Ruannwer, DRAM, P001:0 DtertUNd Mal Rothidad Cokrry OAA/I Sispaura 044A0t/ O4I6,Ignaimre fluntrirtni Coga ?uta. 0 r.)r Pasunark 1,3 San 34.1 rota: Pastagn and Fan 8 1 V4 kew. ji vcpoe-che-21.174-- Ar ate ps Fain 38410,14 21315 PSI =MBE-OMM Sdat Swam farinatmationa NOTIFICATION TO: Class II Coordinator I DATE: i 5/15/2016 ADDRESS: City of Miami Planning Dept., 444 SW 2nd Ave., 30 FL, Miami, 33130 NAME OF APPLICANT Becker Boards Miami, LLC STREET ADDRESS 900 Biscayne Blvd.. #503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY 70 'AV 37'h Street. FL 33127— Follo#0131240211710 ZONING DESIGNATION T$-0 DETAILED DESCRIPTION OF APPLICATION install Temporary Mural on the north and west face or the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL. SIZE 10'H x 13'W North Face; 10'H x 30'W West Face . LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will be reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have nn file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, It will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2nd Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006. The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of Issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130. For an appointment, please call (305) 4164030. The City Code requires that all abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application in an approved notification form es set forth in Chapter I 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE. DATE: 444 S.W. r- r- r-i 0 rI tl.S. Postal Service CERTIFIED MAIiP RECEIPT Dornaystic Only for vary inEwonu36im*Ea TB83uopeezar; •. cooked hid Fee CITY OF MIAMI= Ci 2"a Avenue. 1 O " Floor p Telephone No. 305.4'0 CITY OF MiAMI o TEMPORARY MURAL F sent NOTIFICATION LET' You are hereby notified that an application will be submi r` Manager of the City of Miami for approval of a Temporary M • ' 62, Article XI11 of the City Code, for the foliovwing purpose: P ose. `m,s Postag+.nd Fool :x,r3 aaVJ pterm Rrwa .WkamwapraueVSp pmt.,,wessfokaaa4 $ ea"rwgal a.wN7 tt ❑ Ada cena►o.µ.q wd s l hdtia 2 Ia�Z_ NOTIFICATION TO: America Medina Wynwood Historical Homeowners Assoc. DATE: 5/15/2018 ADDRESS: PO Box 351957, Miami, FL, 33135 NAME OF APPLICANT r Becker Boards: Miami, LLC STREET ADDRESS 900 Biscayne Blvd., #503 CITY, STATE ZIP CODE Miami. EL 33137 SUBJECT PROPERTY 70 NW 37th Street. FL 33127—Folio/10131240211710 ZONING DESIGNATION T5.O DETAILED DESCRIPTION OF APPLICATION Install Temporary Mural on the north and wet face of the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SiZE 10'1I x 13' W North Face; 10'H x 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will be reviewed for apprnval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2"a Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006, The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuarce of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2" Avenue, 3"d Floor, Miaml, FL 33130. For an appointment, please call (305) 416-2030. The City Code requires that all abutting property owners and registered Neighborhood or Homeowners ( Associations be notified of this Permit ap licalion in an opproied notification form as set forth in Chapter 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE' DATE:. _ • CITY OF MIAMI rr r1 ra 0 444 S.W. 2"a Avenue. 10" Floor, p Telephone No. 305.41 CITY OF MIAMI c1 TEMPORARY MURAL PE 43 NOTIFICATION LETT; cal You are hereby notified that an application will be submitl N Manager of the City of Miami for approval of a Temporary ML 62, Article Xlll of the City Code, for the following purpose: U.S. Postal Service' CERTIFIED MAID'° RECEIPT Fornostic may Oniyq tl^.- loikvisit our:%ctyanul F F .".' .1tUd Wad Foil Extra Sexwcw CI Ratan Nadu, P Datum Fleceiplc 0 WAN LW PessuccUd DMA syun..'WOW 0 Poe urrpu smm oa' USE NOTIFICATION TO: Lorena Ramos, Buena Vista Stakeholders DATE: 1 511512018 ADDRESS: 20 NW 45th St., Miami, FL 33127 NAME OF APPLICANT Becker Boards Miami. LLC STREET ADDRESS 900 Biscayne i31vd.. #503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY 70 NW 37th Street. FL 33127 - Folio#0131240211710, ZONING DESIGNATION T5-O DETAILED DESCRIPTION OF APPLICATION lnsiail Temporary Mural on the north and west face of the building PROPOSED MURAL SIZE FOR TEMPORARY MURAL PERMITS 1011 x 13'W North Face; 10'H x 30'W W.st Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will be reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2nd Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 416.1006, The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of Issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2"d Avenue, 3rd Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. I The City Code requires that all abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application in an approved notification form as set forth in Chapter I 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE: DATE: L I'7 I- CITY OF MIAMI ru m tr ci cr 444 S.W. 2 Avenue, 104° Floor. Telephone No. 305.41 t=i `n CITY OF MIAMI TEMPORARY MURAL PI .0 NOTIFICATION LEI? r9 You are hereby notified that an application will be submit N Manager of the City of Miami for approval of a Temporary Mi. 62, Article XIII of the City Code, for the following purpose: U.S. Postal Service" CERTIFIED MAID' RECEIPT Domestic Me Only Fir Wheryl mstion„ visit ossErvitoatoat mrier.vap&amm, 1 ee Extra 6enxrsaFees tia'�br�cwa1Na ❑Hetwn Rauto t QFiemn FiscalAh4ki 1 Ci Ada f,vn.Ma Aeabtiad O.A.ry 1 Poeu,a 'Total PO LI and Fads sang ro E. .0....... . ...... NOTIFICATION TO: Christine Rupp, Executive Director Dade Heritage Trust DATE: 5/15/2018 ADDRESS: 190 SE 12'h Terr., Miami, FL 33131 NAME OF APPLICANT Becker Boards Miami, LLC STREET ADDRESS 900 Biscayne Blvd„ N503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY ZONING DESIGNATION 70 NW 37'h Street. FL 33127 - Folio#0131240211710 TS-0 DETAILED DESCRIPTION OF AFPLICATION Install Temporary Mural on the ninth and west face or the. building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE I0'H x 13'W North Face; 10'1-I x 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will be reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to ;his proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2"d Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 4164006. The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee, The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2nd Avenue, 3n' Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. The City Code requires that all abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application in an approved notification form as set forth in Chapter +; 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE: • cri ru N rq ur r1 „.o CITY OF MIAMI tzt Q 444 S.W. 2^a Avenue, teen Floor,S Telephone No. 305.41 .A CITY OF MIAMI TEMPORARY MURAL PI rn NOTIFICATION LETT ra You are hereby notified that an application will be submit Manager of the City of Miami for approval of a Temporary Mt 62, Article XIII of the City Code, for the following purpose: AmJmnrR Nom U.S. Postal Service' CERTIFIED MAIL RECEIPT DoniesUc afairOnly or deliveryarz8meseete: vuti war remotea lml l:.Et�akd Mod Pea rata&awestFists tcrncat tcosaaru+r Ett+amRutvca#mcKana Ness P.a+sstarcum 0aeasdMal Fr4 na.aDatany b °ALM kostustnesokti Cl Arta Vosoas rio,Mctat odyay l Poactp$ 3 Total Postaca ipnd Paws NOTIFICATION TO: Manny Gonzalez, Executive Director Wynwood BID DATE: 5/15/201 B ADDRESS; 310 NW 26th St., #1, Miami, FL 33127 NAME OF APPLICANT Becker Boards Miami, LLC STREET ADDRESS 900 Biscayne Blvd.. #503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY ZONING DESIGNATION 70 NW 37Th Street. FT.. 33127 — Foiiu#0131240211710 T5-O DETAILED DESCRIPTION OF APPLICATION Install Temporary Mural on the north and west face of the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE 10'1-1 x 13'W North Face; 10'H x 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will he reviewed for approval for a Temporary Mural Permit. Consequently. the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2nd Avenue, 41" Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006. The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of I tearing Boards located at 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. The City Code requires that all abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application in an approved notification form as set forth in Chapter 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE: ctI r4 rs- r9 • U,S. Postal Service' CERTIFIED MAIL RECEIPT Deeneser Mei Cttlitv •Filf 4:awl int/Imola:1st vita tair vrasatta. at semaxancer-JR., FFC r.1 CircsEted Mai rea 115 CITY OF MIAMIEJ .-13 •&xh" s.'""ce"I'"'" 1:3Pacamfuovt foto:1M opubomicopt p.m:NO 444 S.W. 264 Avenue, 10" Floor. 0M 0 iwars ivaMori Nrreet Telephone No. 305,41 erm‘tuggelowa."."R'44"Itwohowool,ri: i 'TI TEMPORARY MURAL PE' 1 1:tal Oimlag* 'old Nes CITY OF MIAMI NOTIFICATION LETTI:1 You are hereby notified that an application will be submitt Manager of the City of Miami for approval of a Temporary Mu N , 62, Article X111 of the City Code, for the following purpose: 1;;:riirirert,t. Hero ', *IM NOTIFICATION TO: Ernie Martin Spring Garden Civic Association DATE: 5/1512018 ADDRESS: 1000 NW North River Dr., #114 Miami, FL 33136 NAME OF APPLICANT Becker Boards Miami, LLC STREET ADDRESS 900 Biscayne Blvd., #503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY 70 NW 37'1' Street. FL 33127 — FolioN013 124021 1710 ZONING DESIGNATION T5-0 DETAILED DESCRIPTION OF APPLICATION all Temporary Mural on the north awl west face of thc building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE 101-1x 13'W North Facc; 10'Ff x 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will he reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it wilt be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2"d Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006. The City Manager's Office MU take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within Fifteen (15) days of the date of issuance of the Permit by filing a written appeal al id appropriate fee with the Office of Hearing Boards located at 444 SW 2I'd Avenue, 3td Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. The City Code requires that all abutting property owners and registered Neighborhood or Homeowners Associa6ons be notified of this Pennit application in an approved notorcation form as set forth in Chapter 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE. DATE: S 4 CITY OF MIAMI MANAGER'S DESIGNEE SIGNATU E: .,,... '43 E".3 I1 444 S,W. 2 " Avenue, 10" Floor,c1 Telephone No. 305.41 1:3 CITY OF MIAMI rn TEMPORARY MURAL PI C3 NOTIFICATION LETT r.1 You are hereby notified that an application will be submit Manager of the City of Miami for approval of a Temporary Mt 62, Article XIII of the City Code, for the following purpose; IS. Postal Service 'CERTIFIED MAILRECEIPT Dr a .es,W MI CIO For eVeNzy Worm tented him too xtra tonrces aOca* frixatasz..14tasaa vpicraigd OFhpsimitszeSS r.z.zoo r3Pazurn rsx.S1 *Image)$ Ocwssaitsa Peazeinea $112~/ $ E3Af$J$ Proms.' k OkSit &gum* kozaidzd Navvy $ ASS WOO Tatosi Postago sn,124-1q.., ea& Ae) Y-eficez: ... .... NOTIFICATION TO: Robin Porter Alvarez, President Buena Vista East Neighborhood Association DATE: 5/15/2018 ADDRESS: PO BOX 371067, Miami FL OF APPLICANT Becker Boards Miami, LW [NAME STREET ADDRESS 900 Biscayne Blvd., #503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY 70 NW 37'1' Street. FL 33127 — Folio#0131240211710 ZONING DESIGNATION T5-0 DETAILED DESCRIPTION OF APPLICATION Install Temporary Mural on the twill az Id west face of the building FOR TEMPORARY MURAL PERMITS PROPOSED MURA SIZE 1011 x 13'W North Face; 1011.'s 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest W p This applicatinn will be reviewed far approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this fife, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW rd Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006. The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be birding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2nd Avenue, 3'd Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. The Cy Code requires that all abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application In an approved notification form as set forth in Chapter 1 162 of the City Code. DATE: 121 ‘i 0$ - mid 4 til•te • r- ..n r9 ri- r-1 CITY OF MIAMI 0 0 444 S.W. 2" Avenue, 10" Floor 11:2 Telephone No. 305.41 1:3 ..ri CITY OF MIAMI TEMPORARY MURAL PI NOTIFICATION LETT You are hereby notified that an application will be submit Manager of the City of Miami for approval of a Temporary Mt 62, Article XIII of the City Code, for the following purpose: m 0 to. U.S. Postal Service' CERTIFIED MAIL RECEIPT i3ornestie Mai Only Fer what" ratannin. Vass owe wrhamat OFFICIAL US , a Ser.co$ !Ye fial. odd kt o ap2m.p411 , - • : ---,,,,;. , , , 0 Flew Fisr4114 Madura flicaViamtrak) $ 7,-: ., Ptiztraok'' ', 0 CM10611.1:93 ftecd,iad 04Maiy 3 t - 1 ' 0ult AdSOwnirs Rw$1,44 $ / DWI 6.3paboa Fkvectsd 0 atimY $ Poslega NOTIFICATION TO: Brett Blbeau Miami River Commission DATE: 5/1512018 ADDRESS: 1407 NW 7th Street, #_2i, Miami, FL 33125 NAME OF APPLICANT Becker Boards Miami, LLC STREET ADDRESS 900 Biscayne Blvd.. #503 CITY, STATE, ZIP CODE Miami. FL 33137 SUBJECT PROPERTY ZONING DESIGNATION 70 NW 37'1' Street. FL 33127 — Folio/101312,10211710 T5-0 DETAILED DESCRIPTION OF APPLICATION install Temporary Mural on the north and west lace of the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE int x 13'W North Face; 10'H x 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Nonhwest Wrap This application will be reviewed for approval for a Temporary Mural PermiL Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2-4 Avenue, Ltill Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006. The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth In Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards loc,atcd at 444 SW 211d Avenue, 31 Floor, Miami, FL 33130. For an appointment, please call (305) 416.2030. The City Code requires that all abutting property owners and registered Neighborhood or Homeowners Associations be notified of this Permit application In an approved notification form as set forth in Chapter , 62 of the City Code, MANAGER'S DESIGNEE SIGNATU L f DATE: s:. IP 40 CITY OF MIAMI 6619 1664 to 444 S.W. 2"' Avenue, 10" Floor,Q Telephone No, 305.41 CITY OF MIAMI TEMPORARY MURAL PI To NOTIFICATION LETT You are hereby notified that an application will be•submit r�- Manager of the City of Miami for approval of a Temporary Mt 62, Article XIII of the City Code, for the following purpose: U.S. Postal Service". CERTIFIED MAIL RECEIPT Domestic Atari Chaty Far dearly tstarinaNach .isa tam C3 cmKed mid ©wn a17+am* 0 1 7oWf Postapo,,n,1Fece NOTIFICATION TO: Andres Althabe Biscayne Neighborhood Association DATE: 511512018 ADDRESS: PO Box 370461, Miami, FL 33137 NAME OF APPLICANT Becker Boards Miami, LLC STREET ADDRESS 900 Biscayne Blvd., #503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY 70 NW 3711' Street. FL 33127 — Folio 0131240211710 ZONING DESIGNATION T5-O DETAILED DESCRIPTION OF APPLICATION Install Temporary Mural on the north and west face or the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE 10'H x 13'W North Face: I0'H x 30'W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application wilt he reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2"`t Avenue, 4th Floor, Miami, FL 33130. For an appointment, please call (305) 416.1006, The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth in Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2" Avenue, 3rd Floor, Miami, FL 3,3130. For an appointment, please cal! (305) 416-2030. t The City Code requires that all abutting property owners and registered Neighborhood or Homeowner Associations be notified of this Permit application !n an approved notification form as set forth in Chapter 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE: tie DATE: 1 %' 7 I IS ..Q tr• CITY OF MIAMI —a tzt 444 S.W. 2" Avenue, 10'" Floor Telephone No. 305.41 ...a CITY OF MIAMI a TEMPORARY MURAL PI co NOTIFICATION LETT r1 You are hereby notified that an application will be submit Manager of the City of Miami for approval of a Temporary Mt 62, Article XIII of the City Code, for the following purpose: `? U.S. Pasta! Service" CERTIFIER'MAIU' RECEIPT Do nesrrc R 1t Onry OFFICIAL IS cmt;r4a Mad 64 ova $emmll Fen afifedix •avlea of raca+aa/ Qr,.evntr�wa n °Petra&aw,Hl,etc*4 s r c,.o+.au;nPA.nic+w Ciiihety s Obis vramapraaaaaWray $ NOTIFICATION TO; Bruce Brown Miami River Marine Group DATE: 5/1512016 ADDRESS: 3033 NW North River Dr., Miami, FL 33142 NAME OF APPLICANT Becker Boards Miami, LLC STREET ADDRESS 900 Biscayne Blvd.. 0503 CITY, STATE, ZIP CODE Miami, FL 33137 SUBJECT PROPERTY 70 NW 37d' Street. F 127 — Folio#0131240211710 ZONING DESIGNATION DETAILED DESCRIPTION OF APPLICATION T5-O Install Temporary Murat on the north and west thee of the building FOR TEMPORARY MURAL PERMITS PROPOSED MURAL SIZE 10'H x 13'W North Face; 10'H x 30W West Face LOCATION OF MURAL ON THE STRUCUTRE Northwest Wrap This application will he reviewed for approval for a Temporary Mural Permit. Consequently, the City Manager or his designee will have on file all documents, plans, and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami, Office of Zoning, Miami Riverside Center, 444 SW 2"d Avenue, 4tt' Floor, Miami, FL 33130. For an appointment, please call (305) 416-1006. The City Manager's Office will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the decision of the City Manager or his designee. The final decision of the City Manager may be appealed pursuant to provisions set forth In Chapter 62, Article XIII of the City Code within fifteen (15) days of the date of issuance of the Permit by filing a written appeal end appropriate fee with the Office of Nearing Boards located at 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130. For an appointment, please call (305) 416-2030. The City Code requires that all abutting properly owners and registered Neighborhood or Homeowners Associations be notified of this Permit application in an approved notification form as set forth In Chapter 62 of the City Code. MANAGER'S DESIGNEE SIGNATURE. DATE: CITY OF MIAMI 444 S.W. 2"0 Avenue. 19 " Floor, Miaml, FL 33130 Telephone No. 305.416.1499 Owner's Sworn -to -Consent Permitting Lessee to File for Temporary Uses Mural Pennit 1, ism Ailffracte.4 ce 51`dC(t1 of SOUL STUFF CORP., a Florida corporation, being first duly sworn, do say that I am the Owner of the property legally described below and which is the subject of the proposed Temporary Uses Mural Permit and t hereby grant consent to Becker Boards Miami, LLC, an Arizona limited liability company, as Tenant to file this application for a Temporary Use Mural Permit. Property Address and Folio Number: 70 NW 37 Street Miami, in Miami-pade County, FL 33127 Folio - 0131240211,110 WITNESSES: Signature Individual PCGt- n2,/`ram Print Name Signature Individual .� Print Name Fra i - Amadeal T3 .s/de Address: #24 Ver rifriA+14C M11a4)j FS•`eda/ R. --4-3r1 J q STATE OF FI-CgrP4 COUNTY OFAA/ 4i41 The forego' • instrument was acknowledged before me by *41 i4-- //felaor--4' who is to me or has produced aS identification. Witness my signature and official seal this n&' day the County and State aforesaid. MACEIVY601011.E1 MY CSION Mff919815 ta•A.P110.2a29 Zi nded env 1st 9 I imam ofoar Notary Publi - to ' of F*via jWd a° • '' My Commission Expires: Print Name • STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: ) ;AFFIDAVIT (Location Change) BEFORE ME, the undersigned authority, personally appeared Mark D. Becker ("Afflant"), who being by me first duly sworn, deposes and says as follows: A ffiant is Managing Member of Garren Development, LLC., an Arizona limited liability company, the sole managing member of Becker Boards Miami, LLC., an Arizona limited liability company, ("Becker Boards"); and 2. Becker Boards is the lessee under that certain Lease Agreement with SOUL STUFF COPR. A Florida corporation ("Lease") which permits Becker Boards to display advertising murals on the northwest facing wall of the property located at 70 NW 3711' Street Miami, FL 33127 ("Wall Location"); and 3. Becker Boards is the holder of permission by the City of Miami ("City") to have a Class I Special Permit issued for the 16-0041 Wall Location ("Mural Permit"); and 4. Becker Boards has submitted a Location Change Application for approval by the City, based on "cause" as defined in Section 62-609(b) of the City Code; and 5. The bask for "cause" is that the Lease for the 640 SW 2" Ave Miami. FL Wall Location has been cancelled due to circumstances not within Becker Boards control. FURHTER AFFIANT SAYETH NOT: Signed, sealed and delivered this 4Jay of fle(h 2018. STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) Becker Boards Miami, LLC By Garren Development, LLC Mark D. Becker, Managing Member The foregoing instrument was acknowledged before me Garren Development, LLC., an Arizona limited liability company, LLC., an Arizona limited liability company„ who is vot.4 Li exy+05.-4.. , as identification. Witness my signature and official seal this 3Y4 day of aforesaid. MIA 1849395724 Now by Mark D. Becker, Managing Member of the sole managing member of Becker Boards personally known to me or has produced )11- , 2016, in the County and State Public -State o a LOT1411— W 30 STREET _ LOT11 1 1 LOT 12 1 H 3667FIEET—CAUSEWAY 1 I 4— no LtNFAR rrr r j t wwi TU Trr.E c USEWAYt— s7 SIR Olnewo Mar 19 I Is 1 1 t 1 1 1 11 1 _ 1 I I LOT 13 .u..1 1 1 IS 18 1• a { LOT Id i 1 1 I I t t I— i J !_ -I —t ..� «.. I — _ NW 36th STREET E� LiAi'ttic SCALE P 40 W rf4 H ( rw MIT ) $ Iwch - so f4 a j 1`t}` LEGEND E tl. sees ar PFNpIM I^^TT AI QOM lists �( •- errs rssaarmo emit REV dr taraM0 Matra, resla➢uara k 7rd ' nS 1 l SURVEYORS NOTES: - Thie site I$e*. in Section 6 and 7, Township 54 South, Range 42 East, City of Miami, Miami -Dude County, Florida - The roadway powwmcnt and buiWmq location id graphically shown and has not been field foea(od. - this Is not a 'boundary Surrey" but only c ;meanie ddpictrort et the proposed Murat location shown hereon. - This map is intended to be displayed al the gre/Phie scale shown hereon or smaller. Murals as defined in the Cty of Miami Ordinance. A Grua$ fa a poinUng or aritdte work (including callogo elftaCt5) aampoaod of pictures or orrangmmn w of Cu$ 'which hos a limited commercial eponym! ship mereoags, advertises o ccmmercr.l product and which Is mode directly onto, projected unto DI 0I$uched to a building or a *oil. - Proposed Mural on tpcatina al building was provided by orient. - Artistic Murtha appear to novo no commereai product massage. - There ore no common -MI murate within 30U feel from the proposed site. - Miami -Dodo County properly approlsera web site, Folio: O1-Si 4-021-1710 SURVEYOR'S CERTIFICATION: 1 hereby Certify that this 'Spacial Mores** Survey' was movie .radar MY responsible one on September 15, 2017, and meets Inc Minimum Technical Standards be set forth In tt npplicahle cods n the Florida Administrative Coda, pursuant to Section 472.027, Florida Slatutea. Tbl veld MpnM the ebweer ell tie mVMsi rated owe el a flulde Usr.ee Surrey°. ens hlepp.P FORTIN, LEAP. VOLES, IN(:., CS3 < Sy�� { Daniel C. Fortin Jr., orFThe Samovar and Mapper, LS64. Stoic of Florida. Exhibit 2 Elise Holtzman Gerson From: Javier F. Avino Sent: Wednesday, September 25, 2019 4:49 PM To: Elise Holtzman Gerson Subject: FW: Chapter 119 Public Records 13i1zin Sumberg Javier F. AvlfiB Practice Group Leader, Land Development & Government Relations Bllzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 www.bilzin.com Tel 305.350.7202 Direct Fax 305.351.2275 javino(bilzln.com From: Cerrato, Julia <JCerrato@miamigov.com> Sent: Friday, September 20, 2019 8:06 AM To: Javier F. Avino <javino@bilzin.com> Cc: Ruiz, Joseph A. <jarulz@miamigov.com>; Soliman, Jihan <Jsoliman@miamigov.com>; PublicRecords <PublicRecords@miamigov.com>; Goldberg, Daniel S. <dgoldberg@miamigov.com> Subject: RE: Chapter 119 Public Records No. Just the copy change. From: Javier F. Avino <javino@bilzin.com> Sent: Thursday, September 19, 2019 6:04 PM To: Cerrato, Julia <JCerrato@miamieov.com> Cc; Ruiz, Joseph A. <iaruiz@ miami ov,com>; Soliman, Jihan <isolimanPmiamigov.com>; PublicRecords <PublicRecords@miaminov.com>; Goldberg, Daniel S. <deoldberePmlamigov.com> Subject: RE: Chapter 119 Public Records CAUTION:'t an ern iron n external source. Do not click links or open sender and know the content is safe.. chmen unless yoar r Rnize the Do you have any documentation showing that they posted the ads that were part of the application? THX Javier F. Avino Practice Group Leader, Land Development & Government Relations Bllzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 www.biizin.com Tel 305.350.7202 Direct Fax 305.351.2275 javinoObiizin.com 1 From: Cerrato, Julia <JCerrato@miamigov.com> Sent: Thursday, September 19, 2019 5:33 PM To: Javier F. Avit"ia <javinotc'abilzin.com> Cc: Ruiz, Joseph A. <jaruiz miamigov.com>; Soliman, Jihan <.Jsoliman@rniamigov.com>; PublicRecords <PublicRecords@miamigov.com>; Goldberg, Daniel S. <dgoldberg@miamigov.com> Subject: RE: Chapter 119 Public Records Please specify, if you need something other than the copy change. From: Javier F. Avino <javino@bilzin.com> Sent: Thursday, September 19, 2019 5:21 PM To: Cerrato, Julia <JCerrato@miamieov.com> Cc: Ruiz, Joseph A. <jaruiz@miamigov.com>; Soliman, Jihan <Jsoliman@miamigov.com>; PublicRecords <PublicRecords@miamleov.com>; Goldberg, Daniel 5. <dgoldberg@miamigov.com> Subject: RE: Chapter 119 Public Records CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you. Do you have documentation o he original posting? Javier F. Aviii Practice Group Leader, Land Development & Government Relations Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickelt Avenue, 23rd Floor Miami, Florida 33131 www.bilzin.com Tel 305.350.7202 Direct Fax 305.351.2275 javinocbilzin.com From: Cerrato, Julia <JCerratoPmiamigov.com> Sent: Thursday, September 19, 2019 3:09 PM To: Javier F. Avif a <lavino@bilzin.com> Cc: Ruiz, Joseph A. <jaruiz@miamigov.com>; Soliman, Jihan <Jsoliman@mlarnigov.com>; PublicRecords <PubficRecordstmiamigov,com>; Goldberg, Daniel S. <dgoidberg@miamigov.com> Subject: RE: Chapter 119 Public Records See attached e-mails in response to your request. From: Javier F. Avino <javino@bilzin.com> Sent: Thursday, September 19, 2019 2:34 PM To: Cerrato, Julia <JCerrato@miamigov.com> Cc: Ruiz, Joseph A. <jaruiz@miamieov.com>; Soliman, Jihan <Jsoliman@miamigov.com>; PublicRecords <PublicRecords@miamigov.com>; Goldberg, Daniel S. <dgoldberr@miamigov.com> Subject: RE: Chapter 119 Public Records CAUTION: This Is an e an external source. Do not slick links or open attachments unless you recognize the sender and know the content is safe. 2 Thank you. Can you also please provide documentation of the required posting for the site as well as State acknowledgment of the location change. Javier F. Avino Practice Group Leader, Land Development & Government Relations Bilzin Sumberg Baena Price & Axelrod LLP 1450 Bricker! Avenue, 23rd Floor Miami, Florida 33131 VANW.bilzin.com Tel 305.350,7202 Direct Fax 305.351.2275 javino(blizin.com From: Cerrato, Julia <JCerrato@miamleov.com> Sent:Thursday, September 19, 2019 11:05 AM To: Javier F. AvTho clavino@bilzin.com> Cc: Ruiz, Joseph A. claruiz@miamleov.com>; Soliman, Man clsoliman@miamieov,com>; PubllcRecords <PublicRecords@miamieov.com>; Goldberg, Daniel S. <dgoldberg@mIamieov.com> Subject: RE: Chapter 119 Public Records Good morning, Mr. Aviiio: I provided the documents attached to Public Records today, Thank you, Julia D. Cerrato, MPA Assistant Director City of Miami 14, Office of Zoning 444 SW rd Avenue, 2nd Floor • mu, MILO Miami, FL 33130 *i (.* Telephone: 305-416-1006 jcerratopmiamieov.com "Serving, Enhancing, and Transforming our Community" eP ePletd Electronic Plan Review is live. Join us at a training event. Click to view training schedule on Eventbrite. From: Javier F. Aviriel <javino(abilzin.com> Sent: Tuesday, September 17, 2019 134 PM To: PublicRecords <PublicRecords@rniamigov.com>; Goldberg, Daniel S. <dgoldbergPmiamigov.com> Cc: Ruiz, Joseph A. <jaruizPnniamigov.coro; Cerrato, Julia <JCerrato@miamigov.com>; Soliman, Jihan <Jsoliman@mlamleov.com> Subject: RE: Chapter 119 Public Records CAUTION: This Is an email f o external source. Do not click links or open attar ments unless you recognize the sender and know the content is safe n ex Following up on this. To date 1 have not received anything for this request. Javier F. Avin6 Practice Group Leader, Land Development & Government Relations Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 www.bilzin.com Tel 305.350.7202 Direct Fax 305.351.2275 javino(Mbilzin.com From: PublicRecords <PubilcRecords@mlamigov.com> Sent: Tuesday, September 3, 2019 2:07 PM To: Javier F. Avitio <lavino@bitzin.com>; Goldberg, Daniel S. <deoldberg@mlarnigov.com>; PublicRecords <PublicRecords@miamigov.com> Cc: Ruiz, Joseph A. <jaruiz@miamieov.com>; Cerrato, Julia 4.1Cerrato@miamigov.com›; Soliman, Jihan ‹isoliman(amiamieov.com> Subject: RE: Chapter 119 Public Records Good afternoon, Your request was opened and assigned Public Records Request (PRR) #19-2558. Once the records are compiled and ready for release, they will be uploaded to your request portal (link copied below). https://miami.nextreauest.comirequests/19-2558 We will follow up with the respective Department(s) today. Respectfully, Ryan Steed, Administrative Mel City of Miami Office of the City Attorney 444 S.W. 2" Avenue, Suite 945 Miami, Florida 33130 Telephone: 305-416.1817 Facsimile: 305-416-1801 RSteedPmlamigov.com 4 Disclaimer: This e-mail is intended only for the individuals) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. if you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is riot the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. Under Florida Law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the a -mall, released In response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Please consider the environment before printing this e-mail. From: Javier F. Avin6 <javino@bilzin.com> Sent: Tuesday, September 03, 2019 1:24 PM To: Goldberg, Daniel S. <dgoldberg@mlamirov,com>; PubllcRecords <PublicRecords@miamigov.com> Cc: Ruiz, Joseph A. <jaruiz@miamigov.com>; Cerrato, Julia <JCerrato@miamigov.com>; Soften, Jihan <Jsoliman@miamigov,com> Subject: RE: Chapter 119 Public Records AwdoMmommomompenw an external source. Do not dick links or open sender and know the content Is safe. Just wanted to follow-up as I have not received anything on this request. THX Javier F. Avltio Practice Group Leader, Land Development & Government Relations Bllzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 www.bilzin.com 1 Tel 305.350.7202 Direct Fax 305.351.2275 javinobilzin_com 'W..1026216:23.10=32/KW,Neit=§147.5. rheas you recognize the From: Goldberg, Daniel S. <dgoldberg@miarnigov.corn> Sent: Friday, August 23, 2019 6:50 PM To: Javier F. Avin6 <iavino@biizin.com>; PublicRecords <PublicRecords@miamigov.com> Cc: Ruiz, Joseph A. <jaruiz@miamigov.com>; Cerrato, Julia <JCerrato@mlamigov.com>; Sofiman, Jihan <Jsoliman@miamigov.com> Subject: RE: Chapter 119 Public Records Your record request is acknowledged. Public Records, Please see below to process. From: Javier F. Avitio <lavino@bilzin.com> Sent: Friday, August 23, 2019 6:11 PM To: Cerrato, Julia <JCerrato@miamigov.com> 5 Cc: Goldberg, Daniel S. <dgoldbere@miamieov.com>.; Ruiz, Joseph A. <jaruiz@miamigov.com> Subject Chapter 119 Public Records CAUT1ON: This i an emailemali from an external source. Do not click links or open attchments unless you recogruze the Sender and know the content is safe. Please allow this to serve as a formal Chapter 119 request for all records related to that sign located at 70 NW 37 St with permit number 18-0041. This includes the applications and any approvals at City and State levels for this permit. Time is of the essence so please advise if you need anything affiliated with this request. Javier F. Aviiio Practice Group Leader, Land Development & Government Relations BlIzIn Sumberg Baena Price & Axelrod LIP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 www.bilzin.com Tel 305.350.7202 Direct Fax 305.351.2275 javinobilzin.com This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in this message. If you have received this message in error, please advise the sender by reply e-mail or reply to info@bilzin.com, and delete the message. Thank you very much. 6 Exhibit 3 Elise Holtzman Gerson From: Dow Terry <dterry@beckerboards.com> Sent Monday, October 15, 2018 7:56 PM To: Cerrato, Julia Cc: Todd Scanlin Subject: Becker Boards Copy Change Attachments: United Premier Mortgage Affidavit.pdf Importance: High Hi Julia, please see the attached copy change request for Becker Boards permit #16-0041, 70 NW 37th Street. The total of the text area is only 7%. Please let me know if there are any questions. Thanks, Dow Dow Terry Director of Operations Becker Boards 4234 E Indian School Rd., Phoenix, AZ 85018 Office 602-732-2889 Cell 602 489-1619 Los Angeles I Miami I Phoenix I San Francisco 4 AFFIDAVIT I, Mark Becker , Managing Member of Becker Boards Miami, LLC , verify that: 1. The requested change of copy will be limited to a single commercial message by a single commercial sponsor 2. The Mural will be fastened in the same manner as the original Mural Permit, 3. Becker Boards Miami, L.L.C. will comply with all conditions of the Mural Permit issued under Permit #16-0041 • issued on August 13, 2018. Dated: 10/15/18 Signature: State of Arizona ) ) SS: Maricopa County ) The foregoing instrument was acknowledged before me by Joseph White, as Member of BECKER BOARDS MIAMI, LLC., a Arizona limited liability company, on behalf of the company He is personally known to me or has produced Driver's License, as identification. Witness my signature and official seal this I5 day of Odaher 20/1, in the County and State aforesaid. Dow TarriL" Notary Public -Arizona Marlcopa County My Commission Expires Ma 14 2019 MIA 184491750v1 Ct Notary Publitaite Arizemiq leny Print Name Mural Dimensions Facing West Permitted Provided Total Wall Area 1,512 sq. ft. 1,512 sq. ft. Total Mural Area 330 sq. ft. 330 sq. ft. Text/Logo Area 49.5 sq. ft. 24.34 sq. ft. *Design is 100% logo w/ no additional text. Illumination No Text % = 7% 70 NW 376 Street Miami, FL 33127 MIA 184491750v1 Size W II Sci Ft Sign 33' 10' 330 Text 1: NMLS #1330 1' .333' .333 Text 2: Self-employed? We can make it simpler! 12.5' .5' 6.25 Text 3: No tax returns. No W-2s. No Paystubs. Mortgages simplified! 14' .333' 4.66 Text 4; www.upmtg.com 5' .5' 1.66 Text 5; "LICENSED MORTGAGE LENDER-FLORIDA OFFICE OF FINANCIAL REGULATION, LICENSE #MLD711, UNITED MORTGAGE CORP. D/B/A UNITED PREMIER MORTGAGE" 13.25' .25' 3.31 Text 6; NMLS #1330 1' .333 .333 Text 7: Self-employed? We can make it simpler! 9' .5' 4.5 Text 8: No tax returns. No W-2s. No Paystubs. Mortgages simplified! 9.5' .333' 3.16 Text 9: www.upmtg.com 3, .5' 1.5 Text 5: "LICENSED MORTGAGE LENDER-FLORIDA OFFICE OF FINANCIAL REGULATION, LICENSE #MLD711, UNITED MORTGAGE CORP. D/B/A UNITED PREMIER MORTGAGE" 10.75' .25' 2.69 Total Text Square Footage 24.34 Text % 7% j No tax returns. No W.2 . No paystubs. Mortgage, simplified No tax returns. No W,28. No paystubs. Mortgages m Iltiadt oyed]? We can make It 5implerl www.atparat9,com Exhibit 4 Elise Holtzman Gerson From: Javier F. Avinb Sent: Wednesday, September 25, 2019 11:16 AM To: Elise Holtzman Gerson Subject: FW: Public Records Request Attachments: Mural Permit #18-0041.PDF � 11z111 Sumberg Javier F. Avin6 Practice Group Leader, Land Development & Government Relations Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 www.bilzin.com Tel 305.350.7202 Direct Fax 305.351.2275 lavino anbilzin.com From: Javier F. Avind Sent: Tuesday, September 24, 2019 4:57 PM To: 'Cerrato, Julia' <JCerrato@miamigov.com> Cc: Ruiz, Joseph A. <jaruiz@miamigov.com>; Soliman, Jihan <lsoliman@miamigov.com>; Goldberg, Daniel S. <dgoldberg@miarnigov.com>; Mendez, Victoria <VMendez@miamigov.com> Subject: Public Records Request Please see attached that was previously delivered last week to the City Attorney. In addition, please see below from Bill Logan. Please note that the Becker application far 70 NW 37th Street indicated that he was involved as the small business partner, which is patently untrue. In addition, per conversations with representatives of Apple (original copy shown for this location) no copy was ever placed by them on this site. These patent falsehoods couple with the legal items described In the attached are grounds for revocation of Becker's mural at 70 NW 37`h Street and further are grounds for revocation of Becker's Qualified Applicant Status. We request that these Items be reviewed and If necessary placed before the City Commission in accordance with Chapter 62 of the Code. Regards — Javier C) Bilzin Sumberg Javier F. Avirio Practice Group Leader, Land Development & Govemment Relations Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 www.bilzin.cornl From: Bill Logan <bili@loeancorpoutdoor,com> Sent: Thursday, September 19, 2019 6:21 PM Tel 305.350.7202 Direct Fax 305.351.2275 i avin o{")u.bllzin.com tt4 To: 'Francois IIlas' <francoispillas.me>; 'Javier' <Avino@bilzimcom> Cc: 'Barry Rush' <barrylrush@me.com>; Javier F. AWNS <javinoP bilzin.com›; 'Phillip Sylvester' <ops047PaoLcom> Subject: RE: CHANGE OF LOCATION APPLICATION 70 NW 37 STREET Javier, at no time has Logan Corporation or William Logan individually performed any work on property located at 70 NW 37 Street. William Logan From: Francois Bias fmailto:francoisPillas.mej Sent:Thursday, September 19, 2019 5:59 PM To: Bill Logan <bill@logancornoutdooncorrt> Cc: Barry Rush <barrylrushPme.com>; Javier Avino <javinoPbilzin.com›; Phillip Sylvester <ops047@aol,com> Subject: CHANGE OF LOCATION APPLICATION 70 NW 37 STREET Bill, Please review the letter below: •• toost. C5.7,1o,00,•• f• • !, o a TA t0-1 o".fto or. tIOSo ir•ors.fto Cato lk A•ftt, -.4+,410.004 Ottiev.i.k ik.,4...411061.144.W1 4.,44 it* 4.4 4.• 41/644 02,0ao 13,dS =•In•P,St A10,1,11.1 :sae. Le. MA, • o7 • Ccollo kft,orm 3.04 k 0A,Pooft Ctor j 1 tca;j2- ,11,4,7,A, ,ftro..oa kftroft•• COloftvft,i ;•SO 1:# zomom-14.1 mi•°•t Inft •terftv ftwo 4441t,,g 4$11 *CAW.. @,..,r.4C.g.f..4. • 44,41 i•VW4,* 4144 ^OA Sf 101:;74,4403,-4 4:,44404 2gt 11�4. khoeo!..e oft ft ftft• 41, -4 tft,tflarg +1, 0/.7044 416-44 bait. i"or kor, .em•ft•o Zt,rp sVA ple,1 1444 ,126....0 elk,p.44 °4,18,11 171,1 aa,:;',4st OW, B4,1,1.44 V adiwnuszfs.,-..* Ovo ,P,10 lax'. 4*. 46 Arr,2A4,i t (1411.4000kro PL,GekrrY p. env Pt% •F ia p;s, r".si eg,„;4,C,11q 1,4, Of (33) pea t "3,44...tf ntlf,,11.14 L-0-4.11!"0 tr41.10116 akildtble '7,1"914.rt 04P 74,V,R,..tr.-. I.,. AngAspcitqe.4 , oftftkoftft ft,,O•o* a 4.,,ta ttse kf'ho ,1444,40 .,•,,e444" beat 44 kl Ar..4 Ogz 4A-4,41°,4,X/44o 1,04,1402, CPA -a, Ogg:- 4,11 4,,,a tin T.or 4444141$44,' 4 01,,,i1,0aCt8V1,43e444.-914 F4-t4 460 At M4,-0-4,Cktpromic*, 4,4# tZ4, 7:,0•0,4.•"°/,- .444t12 44,t 43. VIC., IV p,..9 seob )1 p , 40-16101‘14,44,41.611 ^41,00.14 rsat,..A1.10 ,o4ft V.:, 44,5,4 ese;taitk, aurxr,a 042/73.14:t,:404474 rx,ITI WW1 tkoortv4,..t.AVItIol This letter was part of Becker's application for a change of location for their permit to the property at 70 NW 37 Street. Can you verify that you worked on this project and if not can you send a letter to Javier Avino of Bilzin 2 stating that you were not the contractor on this job and thus they cannot use your small business qualification for their application. Francois Illas e-mail: francnisOillas.me 3 Exhibit 5 September 18, 2019 :VIA ELECTRONIC MAIL & HAND DELIVERY Victoria Mendez City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33131 Bilzin Sumb erg Javier Re: Revocation of Mural Permit # 18-0041 / Becker Boards Miami, LLC Dear Ms. Mendez: This firm represents SET Midtown, LLC, ("SET") the owner of the property located at 78 NW 37th Street (the "Property") in the City of Miami (the "City"). Respectfully, we demand that the City immediately revoke Mural Permit #18-0041 (the "Permit"). The Perrnit was issued by the City to Becker Boards Miami, LLC ("Becker) for the northwest corner of the building located at 70 NW 37th Street (the "Becker Property"), which is adjacent to the Property. The building on the Becker Property is located on the property line with absolutely no setback and no separation between it and the Property. Becker does not have, nor will be granted, a lease, license, or easement that would allow it enter onto the Property.. As such, any action taken by Becker to take advantage of the Permit —whether it is erection, maintenance, or replacement of the mural —requires Becker to trespass. In fact, Becker has already trespassed on the Property in connection with its mural. Exhibit "A." Furthermore, SET has provided clear notice to Becker that it is not permitted to enter the Property. Exhibit "B." Florida law mandates that the City revoke the Permit. It goes without saying that the act of trespass is illegal, § 810.09, Fla. Stat, Furthermore, Section 62-604(7) of the City Code requires that an applicant provide a valid lease for the site to be permitted. When the City authorizes an act that is contrary to law or its own ordinances, the act is ultra vires and void. See, e.g., Dade Cfy. v. Gayer, 388 So. 2d 1292, 1294 (Fla. 3d DCA 1980) ("flit would be inconceivable that public officials could issue a permit, either inadvertently, through error, or intentionally, by design, which would sanction a violation of an ordinance adopted by the legislative branch of the government."); Town of Lauderdale -by -the -Sea v. Meretsky, 773 So. 2d 1245, 1249 (Fla. 4th DCA 2000). Of course it then follows that the City is absolutely prohibited from knowingly issuing a permit that I 1 tP. rirowri • y " I Bilzin Sumberg September 18. 2019 Page 2 will result in a trespass onto private property. See State ex rel Pettengil v. CopeIan, 466 So. 2d 1133, 1135 (Fla. 4th DCA 1985) (affirming the hearing officer's finding that the "DER may not knowingly issue a permit for activities which would constitute a trespass on private propertyl.)"); Brown et. al v. Winter Haven Skl Club et. al., Case No. 82-988 (Fla. DOAN 1983). Furthermore, Florida law permits the City to rescind a permit that Is issued in violation of law. Town of Lauderdale -by -the -Sea, 773 So. 2d at 1248 (Fla. 4th DCA 2000) ("The general rule is that a building permit issued in violation of law or under mistake of fact may be rescinded although construction may have commenced.") (quoting Godson v. Town of Surfside, 8 So. 2d 497,498 (Fla. 1942). The City's issuance of the Permit results in a violation of the Florida trespass statute and the City Code requirement for a valid lease, which is clearly intended to ensure that the applicant will not commit a trespass by virtue of the Issuance of the mural permit. Issuance of the Permit to Becker is the equivalent to giving a development permit that requires a developer to access private property In order to develop the site, without requiring the developer to provide proof of permission from the property owner through a lease, license, or easement. Such an action by the City is clearly prohibited by Florida Statute. See § 166.033(6), Fla. Stat. (stating that issuance of a development permit by a municipality does not create any right on the part of the applicant to undertake action that results in a violation of state or federal law). Becker simply cannot utilize the Permit without trespassing onto the Property. As such, the City's issuance of the Permit was contrary to law and the Permit must be revoked immediately. Should the City refuse to revoke the Permit, we will be forced to seek enforcement through all legal means available. Should you have any questions, please call me at 305-350-7202 or e-mail me at javino@bilzin.com S'ncerely, Cr/L. F. Avitio JFA MIAMI 6537651.5 84202/B7949 EXHIBIT A To whom it way concern, This letter Is a statement of the facts as 1 know them for this Incident As acting Assistant Superintendent for Brickell Group Construction on the Wynwood Building Project located at 78 NW 37th Street, I was notified Monday August 20th about an Illegal trespassing on the property that had occurred over the previous 2 days on August 18th - 19th. On August 18th, 2018 , l was not scheduled to work but my work associate acting Superintendent for the company, David Guaidarrama told me that he had prevented access to the site by Becker Boards to install a sign on the adjacent building at 70 NW 37th Street. On Monday August 20th, David stated to me that Becker had requested access to the property on Saturday August 18th at the property on 78 NW 37th Street but were denied permission to enter the property. David advised me that he deterred Becker Boards and according to him they did not return that day. On Monday August 20th, 2018 when 1 returned to the property David and Myself had noticed that Becker Boards had installed A wall mural on the adjacent property, We Interviewed the security company personnel from the previous shift end they reflected that Becker's installation crew was again present on Sunday August 19th and at that time installed the wall mural on the adjacent property. They reflected to us that they did not realize that their was an Issue with the installation crew being present and Installing an the property, therefore did not stop them. Signature Op-€ 07 /30/aol s't�e o - flolitc� Count?o —tide The Rolfego;115 'I ns4r ovnen+ W 8S acknaw ie c1€d 1)e-fore m e --tlAiS 30 - irtyte bq Jotti2SLO__ CAme p. 'egsoh a Lk -ow 1c c c ed), Eros e icrnkclo (7scobar iNditit0e2 vcil$icli'ci Flo r;d QrtlrQci C"icenS-{j' a+ary p bl c 1 QC; w-�C� �i A��e n�$ Mvh del. rAy Coliwl;asiotn E ,p;r es• 3hn 1101 ZDZ.3 AMAU YHE.RNANDEZ Notary Pupr+c. Stab 01 Flgitla Ccrarnissiont GG 20531 fly comm. egin 4f1- 10. 2nE3 4101.0.410,10. MARCO, MARCO SONS GROUP September 12, 2019 REF: # Lett-19009 To Whom it may Concern Incident at 78 NW 37 Street witnessed on September 11, 2019 at 7:13PM EST. As a Consultant for Set Midtown LLC and LPM-CM Design Build f was the Site located 78 NW 37th Street and as I was walking off the site at 7:13pm EST was notified that there was a buckhoist in from the property adjacent to the neighboring property side of the of a crane over the area North East of Building. I then witnessed construction workers not related to the project on the neighboring property using crow bars with force as to destroy the onsite property safety screen. I then proceeded to document such action with attached pictures and advise onsite security, oft duty officers and upper management of ongoing actions. On the pictures is clearly visible the actions of the workers on roof of the adjacent property were using an extremely long approximately 15 to18 feet tong crowbars and scrapers used to bend the existing safety structure tapering with it and gaining access on a protected area to scrap off the facade on the adjacent building. These action commenced approximately around 7:30pm EST and lasted about 8:30pm EST, as when I left upper management had arrived and was with the off duty officers, but it was noticeable that there actions damaged the safety screen In order to access the site. If you have any other questions please don't hesitate to call me, at 786.303.2869 Regards "44 Rafael S. Marco Assoc. AIA t,, P- [:; 4 a e I C; u, R:r EXHIBIT B all8J2o19 70 NW 371h St Subject: 70 NW 37th St Date: 8/31/2019 8:44:02 AM Central Standard Time From: ops047Caol.com To: jwhite@beckerboards.com Cc: javino@bilzin.eom, 1pruss@dkrpa,com, sdimond@dkrpa.com, jcerrato@miamigov.com, rdopico@estefan.com Becker Boards, Mr Whitey It has come to my attention that your agents, and perhaps you, tried to gain access to my site at 78 NW 37th Street last night. Let me be clear: YOU NOR YOUR AGENTS ARE ALLOWED TO ENTER MY PROPERTY! From the account given to me there was screaming at my staff on site In a manner that I am interpreting as intimidation. Be aware that the mural you are attempting to access is above a dangerous construction area on my property that has sharp rebar sticking out of the ground. I am not allowing Becker or anyone besides my own insured and approved personal to access that area. especially considering the elevated nature of any work to the mural wall. If someone falls from high above onto my property and is (seriously) injured it will put myself, the Estefans as well as perhaps the City at risk, If Becker again attempts to trespass onto my property as they have apparently already been done, the police will be called and criminal charges will be placed. Phillip Sylvester Owner, 78 NW 37th St ops047's mailbox 9/18/2019 Fwd; 70 NW trewspassing Subject: Fwd: 70 NW trewspassing Date: 8/30)2019 10:46:38 PM Central Standard Time From: ops047@aol.com To: emilio@estefan.com Cc: gloria@estefan.cozn From: ops047@aol.com To: emltio©estefan.comgloria, hipico©estetan,com Cc: sdimond@dkrpa.com, jpruss@¢„8„rpa.com Sent: 8130/2019 10:45:17 PM Central Standard Time Subject: 70 NW trewspassing Mr Doplco, I am taking the initiative to contact you directly due to the urgent nature of the matter. In spite the promises that you have made it appears that your tenant/partner Becker Boards has yet again attempted to trespass onto my property at 78 NW 371h St this evening. In an absolutely astounding manner, the contractor who had previously been hired by Becker, Bonafacio of National Builders Group, showed up tonight In order to go through my property to access 70 NW 37th St. There was work going on at my site for hurricane preparations and when my contractor responded to Bonafado, who he knows, someone who I assume was Joseph White began screaming at him In what 1 am Interpreting as an intimidation technique to convince them to allow entry Into my property. My security as well as my contractor resisted the forceful nature of youdBecker's agents and did not allow them entry. Be aware that my site is one of construction and the particular area that Becker Is attempting to access Is particularly dangerous with rebar sticking out of the ground, I will hold Soul Stuff fully responsible for any injury or civil damages that occur from illegal acts by your partner/tenant Becker, Furthermore, the police will be notified of any more illegal actions. The city Is consumed with the turmoil of a hurricane and Becker Is trying take advantage of the situation. Please notify myself and my counsel how you plan to address the situation. Phillip Sylvester 312 718 0000 ops0d7's mailbox t/1 9 Dade County v. Gayer, 388 so.2d 1292 (1980) 388 So.2d 1292 District Court of Appeal of Florida, Third District. DADF COUNTY, Appellant, Mark GAYER and Arlene Gayer, his wife, Appellees, No. 80-751. Sept. 30,1980. Rehearing Denied Nov. 4, 1980. Synopsis County filed petition for common-law certiorari seeking to quash an order entered by the appellate division of Circuit Court, Dade County, Joseph Durant, Jr., J., which had quashed the resolution adopted by board of county commissioners denying owner a nonusc variance of zoning regulations, setback requirement and subdivision regulations. The District Court of Appeal, Nesbitt, J., held that doctrine of equitable estoppel could not be asserted against county to sanction acts which were prohibited by zoning regulations, Reversed. Attorneys and Law Firms *1293 Robert A. Ginsburg, County Atty., and Robert L. Krawcheck, Asst. County Atty., for appellant. Guy Spiegelman, Miami Beach, for appellees. Before F[[IBBART, NESBITT and DANIEL S. PEARSON, JJ. Opinion NESBITT, Judge. By petition for common law certiorari, Dade County seeks to quash an order entered by the Appellate Division of the Circuit Court of the Eleventh Judicial Circuit, which had entertained the Gayers' petition for common law certiorari and quashed a resolution adopted by the Board of County Commissioners, which unanirnously denied the Gayers anon - use variance of zoning regulations, set -back requirements, and subdivision regulations. 4Jt °.it AV' a Since the final judgment, entered by the trial court on review of the administrative action, has not otherwise been made directly appealable to the Supreme Court, it is, under plain construction of Article V, Section 4(b)(1) of the Florida Constitution, reviewable here by way of appeal. Allapattah Community Association, Inc. of Florida v. City of Miami, 379 So,2d 387, 392 (Fla. 3d DCA 1980); United Teachers of Dade v. Save Brickell Avenue, Inc., 378 So.2d 296 (Fla. 3d DCA 1979), Consequently, we treat the instant application for certiorari as a plenary appeal. The Gayers commenced construction of a coral rock wall surrounding their residence. They had neglected to secure a building permit from the Dade County Building and Zoning Department for this project. After a complaint was lodged against the unauthorized construction, they applied to the Building and Zoning Department for a building permit. The application was for a permit to build a wall containing a set -back of ten feet inside the property line. The sketch submitted by the Gayers was confirtnatory of their request. The permit was issued in March, 1978, following which the Gayers resumed construction of their wall, which was ultimately erected into the public right-of-way. Construction was again halted in July of 1978 when the Gayers were cited for violations consisting of constructing a wall Into the publicly owned right-of-way and not in accordance with the building permit. The Gayers then applied to the Zoning Appeals Board for a "non-use variance of zoning regulations, set -back requirements and variance of subdivision regulations with requirements that no structures shall be permitted in a mapped street ..." The Zoning Appeals Board approved the application for this variance but recognized that some safety hazards were presented and recommended that either a flashing light be put up or that some other safety measures be taken to maintain safety itt the area. At the hearing before the Zoning Appeals Board, the Gayers admitted to being advised of the set -back requirements and stated that they thought the ten -foot set -back requirement simply meant ten feet from the pavement, The approval of the application for the variance was then appealed to the Board of County Commissioners who, by resolution, rejected the recommendation of the Zoning Appeals Board, denied the application for the variance, and ordered that the coral rock wall be removed. i,10;ia,.11 t.! tafte;:'r rir;, tai V< '_.; Dada County v. Gayer, 388 So.2d 1292 (1980) The Gaycrs then filed a petition for common law certiorari which was heard by the Appellate Division of the Circuit Court. The Circuit Court, in turn, vacated and set aside the resolution of the Board of County Commissioners upon finding that a permit had been "issued in error"and the Oayers had acted in reliance thereon at their considerable expense and that the county was therefore estopped from ordering the removal of the wall. *1294 Dade County now brings this petition for writ of certiorari seeking to quash the Circuit Court's "Order of Reversal." As stated, the Circuit Court's order was premised on a finding that the permit had been "issued in error." Exactly what the "error" was, if any, is somewhat confusing. The planning director initially testified that the permit had been issued in error but later corrected his statement by indicating that it had not been so issued. Perhaps the "error" arose from the finding of the Zoning Appeals Board that both parties knew where the wall was to be constructed and that construction ensued for four months from the issuance of the permit until the citation for the violations. In light of the favorable finding on behalf of the [layers before the Zoning Appeals Board, this matter is not of critical importance. We do, however, point out that neither this court nor the Appellate Division of the Circuit Court is permitted to re -weigh conflicting evidence and is primarily relegated to assaying the record to determine whether the applicable law was applied in accordance with established procedure. Metropolitan Dade County v. Mingo, 339 So.2d 302 (Fla, 3d DCA 1976). The county contends that estoppel is not applicable to sanction acts which are prohibited by law. To indicate that the building of the wall in its present location Is such a prohibited act, the county relies upon Section 28-18 of the Code of Metropolitan Dade County which provides: No building or any other type of structure shall be permitted on, or in, a mapped street, except required and approved underground installations. For the proposition that estoppel will not lie for prohibited acts, the county cites Dade County v. Bengis Associates, Inc., 257 So.2d 291, 292 (Fla. 3d DCA), cert. denied, 261 So.2d 839 (F1a.1972), where this court held: VitSt1.'kW The state, or its political subdivision is not ordinarily estopped by the unauthorized acts of its officers. Orcenhut Construction Company v. Henry A. Knott, Inc., (247 So.2d 517 (Fla. 1st DCA 1971)). The rule has also been applied by this court in City of Miami Beach v. Meiselman, 216 So.2d 774 (Fla. 3d DCA 1963), cert. denied, 225 So,2d 533 (F1a.1969), where it was held that the city was not estopped to revoke a building permit for a "roof sign," which was in violation of a city ordinance. The Circuit Court, in its order, and the Oayers, in this appeal, rely upon the case of Hollywood Reach Hotel Company v. City of Hollywood, 329 So.2d 10 (Fia,1976) as support for estopping the county from requiring removal of the wall. On close examination, however, drat case buttresses the position which the county asserts. In Hollywood Beach Hotel Company v. City of Hollywood, supra, at 15 our Supreme Court held that "(t)he doctrine of equitable estoppel may be invoked against a municipality as if it were an individual ... " Prior to that decision, our Supreme Court recognized, in Montsdoca v. Highlands Bank & Trust Co., 85 Fla. 158, 163, 95 So, 666, 668 (1923), that: "(t)he doctrines of estoppel and waiver do not in general apply in transactions that are forbidden by statute or that are contrary to public policy." Accord, Shaba Bros., Inc. v. Campbell, 361 So.2d 814 (Fla, 4th DCA 1978); State ex rel. Schwartz v. City of Hialeah, 156 So.2d 675 (Fla. 3d DCA 1963). Hollywood Beach Hotel Company allows one to invoke the doctrine of estoppel against a municipality in the same manner as it applies to private parties. In Montsdoca, it was held estoppel could not be asserted against private parties for acts prohibited by law, While at first blush it seems that the application of the rule may be harsh, it would be inconceivable that public officials could issue a permit, either Inadvertently, through error, or intentionally, by design, which would sanction a violation of an ordinance adopted by the legislative branch of the government. Only the duly constituted members of the Metropolitan Dade County Commission enjoy that prerogative and then only in accordance with established procedure. 1:: Dade County v. Gayer, 388 So.2d 1292 (1980) Hollywood Beach 1-lotel Company v. City of Hollywood, supra, and Sakolsky v. City of Coral Gables, 151 So.2d 433 (F1a.1963), '1295 cited therein, relied upon by the Circuit Court in its order, did not involve estoppel for some act unauthorized or prohibited by law Those cases, along with Town of Largo v. Imperial Homes Corporation, 309 So.2d 571 (Fla. 2d DCA 1975), are classic examples of an act that was legal when the government sanctioned it (by issuing a permit), but purportedly became illegal by virtue of a change in the political climate or by the governmental sanction later being withdrawn after a pennittee had relied upon it to his financial detriment. For the foregoing reasons, we find that the Appellate Division of the Circuit Court failed to apply the correct principle of law in resolving the doctrine of equitable estoppel which was presented to it. Our disposition of the matter makes it unnecessary to consider the question of whether equitable estoppel could be invoked, where to do so would create a hazard or a public nuisance, or result In the annexation of public lands. We also do not address the question of whether there was a wrongful act committed by the Gayers which would prevent them from relying upon the doctrine ofequitable estoppel. The order of the Appellate Division of the Circuit Court of the Eleventh Judicial Circuit, quashing Resolution Z-184-79, Board of County Commissioners of Dade County, is reversed, MI Citations 388 So.2d 1292 End of Document WESIl.t14V • 2019 Thomson Reuters. lIo claim to original U.S. GavEnvnent Works. i ,7 ! '"!Ii} ^t t''C+C'L"!Uhl in Oiltinl;�l I,) Town of Lauderdale -by -the -Sea v, Meretsky, 773 So.2d 1245 (2000) 25 Fla. L. Weekly 02846 T73 So.2d 1245 District Court of Appeal of Florida, Fourth District. TOWN OF LAUDERDALE—BY—THE—SEA, Florida, a Florida municipal corporation, Appellant, v. Warren MERETSKY and Anne Meretsky, his wife, Appellees. No. 4D99-4194. Dec. 13, 2000. Rehearing Denied Jan. 17, 2001. Synopsis Property owners filed complaint seeking declaratory judgment that their building permit was valid and that portion of town right-of-way within their wall was vacated and abandoned by town. Town filed counterclaim seeking injunctive and declaratory relief, The Circuit Court, Broward County, Estella M. Moriarty, J., granted summary judgment to property owners. Town appealed. The District Court of Appeal, Hazouri, J., held that: (I) town commission's approval of wall was ultra vlres and void, and (2) town was not estopped from requiring removal of wall. Affirmed in part, reversed in part, and remanded with direction, Attorneys and Law Firms *1246 James A. %Cherof, Town Attorney, and Michael D. Cirullo, Jr., Assistant Town Attorney, of Josias, Goren, Cherof, Doody & Errol, P.A., Fort Lauderdale, for appellant. Robert A. Eisen of Law Office of Robert A. Eisen, Boca Raton, for appellees. Opinion HAZOURI, J. This is an appeal from a final summary judgment rendered by the trial court holding that the appellant, Town of Lauderdal e— by--the—Sea (Town), did not abandon, vacate or otherwise convey any portion of a public right-of-way to the appellees, Warren and Anne Meretsky, but also holding that the Town LAW granted the Mcretskys a "permissive use" of a portion of the Town's public right-of-way, The Town also appeals from the denial of Its motion for summary judgment on its counterclaim. We affirm in part and reverse in part. The Mcretskys own their residence at 4560 Tradewinds Avenue in the Town. It is on a corner lot and the cross street along the side of their house is Lombardy Avenue. Prior to February 1998, Anne Meretsky consulted with Town Code Officer Daniel Stallone regarding how the Town's zoning regulations would affect the placement of a swimming pool and wall enclosure they wished to build. Based upon these consultations, Anne Meretsky filed an Application for Zoning Variance which was reviewed by Stallone and corrected by him. The application requested permission "it]o construct an enclosure around a pool on the south side of property 35 feet into south side set back [sic] and 10 feet into front set back [sic] west side" I lathe application, the Meretskys only make reference to wanting to reduce the setback requirement so that they can build the wall and leave some room around the pool. There is no mention in the application that the Ivferetskys want to intrude into the public right-of-way, however, the survey map of the property attached to the application shows that the requested wall enclosure on the south side attic lot encroaches 10 feet into the Lombardy Avenue right-of-way. Anne Meretsky submitted the application. On February 17, 1998, the Town Board of Adjustment held a hearing on the application and recommended denying the variance. On February 24, 1998, the Town Commission considered the Meretsky's application. The records of that meeting indicate that the discussion was limited to setbacks and not rights - of -ways. The Town Commission approved the variance request. The Meretskys contend that the Town Commission understood that the wall would be constructed outside of the property line of the residence and on the Lombardy Avenue swale. A building permit was issued to the Meretskys for the well's construction and it was built on the grassy Swale on the Towns right-of-way five feet from the pavement on Lombardy Avenue. As constructed, it presented a sight hazard at the intersection of Lombardy and Tradewind Avenues. On September 9, 1998, the Town Commission directed the Town administration to take action to prevent further construction of the wall. The Town Municipal Services Director hand delivered a cease and desist order to the Meretsky's residence ordering work to stop on the wall immediately. Al that point, all the cement block portions of 3![it L)110°1:1, L C': U0k"';il(it� Town of Lauderdale-by»the-3aa v. Meretsky, 773 So.2d 1245 (2000) 25 Fla. L. Weekly D2846 the wall had been completed. Despite the Issuance orate cease and desist order, the wall was completed. 41247 The Meretskys' amended complaint sought a declaratory judgment finding their building permit valid and that the portion of Lombardy Avenue inside their wall was vacated and abandoned by the Town to the Meretskys. The Tbwn answered the Meretskys' amended complaint and included a number ofaffrmative defenses and a counterclaim seeking injunctive relief and declaratory relief in order to have the wail removed from the Town's right-of-way. The Town filed a motion for summary judgment as to Meretskys' amended complaint and the Town's counterclaim. At the summary judgtncnt hearing, the Meretskys admitted that the property was not vacated or abandoned; however, in an affidavit Anne Meretsky stated that she relied on the variance and the building permit to build the pool and wall. She further stated that she would not have built the pool if she was not permitted to build the wall ten feet from the edge of the pool. She and her husband spent S39,662.80 an the wall and S74,662.80 on the entire project. At the summary judgment hearing, the trial judge determined that the Town had granted the Meretskys a "permissive use" of the property. The amended final summary judgment states that there was no genuine issue of material fact. The trial court denied the Town's motion for summary judgment on its counterclaim, but granted final summary judgment on the amended complaint to the extent that it found that the Town did not abandon or vacate the right-of-way or grant a fee interest to the Meretskys, The trial court then concluded; 4. A request for Summary Judgment permits the Court to grant Summary Judgment to either party should the facts and law so dictate. 2 Accordingly, Summary Judgment is granted to Meretsky on Meretsky's Amended Complaint to the extent only that Meretsky is granted a permissive use of the Lombardy Avenue Right- of-way upon which the Wall sits and which is enclosed by the Wall, The Town, by virtue of the granting of the variance and the subsequent granting of building permits, did in fact grant to Meretsky a permissive use of s31.AW t10111 c) that portion of the Lombardy Avenue Right-of-way upon which the Wall was constructed and which is enclosed by the Wall. The Town argues that the Town Commission was without authority to grant the Meretsky's application to build the wall on the public right-of-way as its construction violates the Town's Code of Ordinances and state law. The Town also disagrees with the trial court's finding that the permission to build, i.e., the variance granted, is equivalent to an ordinance. The Meretskys respond that the Town Commission did have the authority to grant a permissive use of the grassy Swale within its right-of-way and the town code does not prohibit the granting of it. "[Tjbe general rule [is] that a 'building permit issued in violation of law or under mistake of fact' may be rescinded although construction may have been commenced." Godson x limn ofSnifside, 150 Fla. 614, 8 So.2d 497, 498 (1942). The issuance of a building permit will not estop the government authority from enforcing its ordinances and revoking a permit which has been obtained in violation of its ordinance. See Corona Properties of Florida, Ina. v. Monroe County, 485 So.2d 1314 (Fla. 3d DCA 1986); Dade County v. Gayer, 388 So.2d 1292 (Fla. 3d DCA 1980). The Town asserts that Gayer is dispositive. We agree. *1248 The Gaycrs began to construct a coral rock wall around their home without a building permit from the Dade County Building and Zoning Department. Someone made a complaint and the Gayers then applied for a permit to build a wall containing a setback of ten feet inside the property line and the sketch submitted confirmed this. A permit was issued but when construction resumed, the wall was erected into the public right-of-way. Construction was halted due to the violation. The Gaycrs then applied to the Zoning Appeals Board for a "non-use variance of zoning regulations, set -back requirements and variance of subdivision regulations with requirements than() structures shall be permitted itt a mapped street." Tile Zoning Board approved the application but required a flashing Tight be put up to maintain safety. The Gaycrs said they were advised of the setback requirements but thought the ten -foot setback meant ten feet from the pavement, This approval was appealed to the Board of County t . I!) (stpMIA I t , i;krv�wurnr,=nl +V�rh ro Town of Lauderdale -by -the -Sea v. Meretsky, 773 So.2d 1245 (2000) 25 Fla. L. Weekly 02846 Commissioners who, by resolution, rejected the Zoning Boards's approval and ordered the wall be removed. The Gayers petitioned for certiorari to the circuit court which set aside the Board of County Commissioner's resolution. Dade County then filed a petition for common law certiorari. Dade County contended that the doctrine of estoppel is not applicable to sanctioned acts which are prohibited by law. Under the Dade County code, "brio building or any other type of structure shall be permitted on, or in, a mapped street, except required and approved underground installations." In quashing the circuit court's order, thereby reinstating the denial of the variance, the third district stated: While at first blush It seems that the application of the rule may be harsh, it would be inconceivable that public officials could issue a permit, either inadvertently, through error, or intentionally, by design, which would sanction a violation of an ordinance adopted by the legislative branch of the government. Only the duly constituted members of the Metropolitan Dade County Commission enjoy that prerogative and then only in accordance tvrih established procedure. Gayer, 388 So.2d at 1294 (emphasis added). in the instant case, the Town asserts that its Code of Ordinances prohibits construction of the wall on the public right-of-way, Section 17-1, Town of Lauderdale —By —The -- Sea Code of Ordinances provides: See. 17-1. Obstructions prohibited. It shall be unlawful to erect, build, constrict, deposit or place, or to procure or cause to be erected, built, onstructed, deposited or placed upon or in any street, or any place where the public has a right of passage, any house, cellar, stable, shed, fence enclosure, wall, foundation, or any other structure or any lot or part thereof abutting on a street, to permit any obstruction to remain upon the sidewalk in front of such lot, or part thereof; or permit any sidewalk in front of such lot or part thereof to 1,',/.+ 14N Or remain in such condition as to prevent convenient and safe use thereof by the public. The Meretskys argue that this ordinance applies only to obstructions to streets and sidewalks where the public has a right of passage and their wall does not obstruct a street or sidewalk. Although "right of passage" is not specifically defined, it is a place in addition to the "street" and includes the property owned by the Town alongside the street whether or not it has a sidewalk where the public can travel. Under section 861.01, Florida Statutes (1997), "[w]hoever obstructs any public road or established highway by fencing across or into same ... shall be guilty of a misdemeanor..,." Public roads include city street systems. § 335.01, Fla. Stat. (1997). Section 33,1.03(23), Florida Statutes (1997), defines "road" as: *1249 [A] way open to travel by the public, including, bur not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right- of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary far the maintenance of travel and all ferries used in connection therewith. Section 334.03(22), Florida Statutes (1997), defines "right- of-way" as "land in which the state, the department, a county, or a municipality owns the fee or has an easement devoted to or required for use as a transportation facility." It thus appears that whether through mistake on the part of the parties or through misrepresentation by the Meretskys, which the Town suggests, the Town Commission authorized an act contrary to its own ordinances and, therefore, its approval was ultra vires and void, The trial court opined that the permissive use was on "the same level of an ordinance" but under section 166,041, Florida Statutes (1997), there arc certain procedures to follow and requirements to be met in order to adopt an ordinance, none of which were followed here. Therefore, the Mcretskys should not have been granted a permissive use of the right of way. Town of Lauderdale -by -the -Sea v. Meretsky, 773 So.2d 1245 (2000) 25 Fla. L. Weekly 02846 Based upon the foregoing, the trial court erred in its application of the law to this case. Summary judgment should not have been granted in favor of the Meretskys on the amended complaint. The question remains as to whether the Town should or could be equitably estoppel from requiring that the wall be removed, as sought in its counterclaim. A zoning authority may be equitably estoppel to enforce a change in zoning regulations against one who has substantially altered his or her position In reliance on the original regulation and a building permit issued thereunder. See, e.g., CO, of Margate v Amoco Oil Co., 546 So.2d 1091 (Fla. 4th DCA 1989). However, when there is no authority to grant the building permit, the governmental entity cannot be estopped from revoking the permit. ,fnuirons a Okeechobee County, 710 So.2d 641 (Fla. 4th DCA 1,998); Aletropolitan Dade County It Fontainebleau Gas & Flash, Inc., 570 So.2d 1006 (Fla. 3d DCA 1990); Dade County v. Gayer; 388 So.2d 1292 (Fla. 3d DCA 1980); City of Mianri Beach ►t Melselnian, 216 So.2d 774 (Fla. 3d DCA 1968). The Meretskys were on constructive notice of the contents of the ordinance and are presumed to have constructive knowledge of the nature and extent of the powers of governmental agents who issue permits. Footnotes 1 2 See Ammons; 710 So.2d at 644. Therefore, the Town is not estopped from requiring that the wall be removed. Based upon the foregoing, the trial court erred in not granting final summaryjudgment in favor of the Town on the counterclaim. Accordingly, the final summary Judgment on the amended complaint granting the Meretskys a permissive use of the right-of-way is reversed with directions to enter final judgment for the Town. The denial of the Town's motion for summary judgment on its counterclaim is reversed and the trial court is directed to enter final judgment on the Town's counterclaim requiring the 1vlcretskys to remove the wall from the right•of-way, We affirm that portion of the final summary judgment that found that the Town did not abandon, vacate or otherwise convey any portion of the right-of-way to the Meretskys. WARNER, CJ., and SHAHOOD, J., concur. All Citations 773 So.2d 1245, 25 Fla. L. Weekly D2846 The minimum setback for the south side is 25 feet under the Town Code. The trial court granted a summary judgment for the Meretskys even though they did not file a motion for summary judgment. While the court is not wholly without authority to do that, the better practice is to require a timely motion, See First Union Nati Bank of Florida v. Maurer, 597 So.2d 429 (Fla. 2nd DCA, 1992); City of Pinellas Park v. Cross —Slate Utils. Co., 176 So.2d 384 (Fla. 2nd DCA 1965). We need not decide If this was appropriate here because we reverse the summary judgment for the Meretskys on other grounds. End of Uoc iinant 2019 Thomson Reulcra. No claim to original U.S. Government Works. itc;174 tt U Ciovol!��+bi.-! State ex rel. Pettenglll v. Copelan, 466 So.2d 1133 (1985) 10 Fla. L. Weekly 793 466 So.2d 1133 District Court of Appeal of Florida, First District. STATE ex rel. Dwynal and lona PETTENGILL, Appellants, George COPELAN, Appellee, No. AY-282. March 26,1985. Rehearing Denied April 3°,1.985. Synopsis Property owners around lake brought action for trespass, nuisance, interference with riparian rights, and enforcement of Department of Environmental Regulation order against party who built causeway across lake. 'The Circuit Court, Walton County, Clyde B. Wells, J., entered judgment in favor of landowners on trespass claim and awarded SI, and landowners appealed. The District Court of Appeal, Wentworth, J., held that: (1) administrative order had no collateral estoppeleffect as to trespass or nuisance claims; (2) any error in failure to grant motion in limine was harmless; (3) Department's satisfaction was conclusive as to causeway builder's compliance with order to remove causeway; and (4) failure to object and express accession to courts announced intention to make unaccompanied inspection waived any error, Affirmed. Attorneys and Law Firms *1134 Randall E. Dcnker of Lehrman & Dunker, Tallahassee, for appellants. George Ralph Miller, DeFuniak Springs, for appellee, Opinion WENCWORTE I, Judge. Appellants seek review of an order entered in the circuit court for Walton County, upon a claim for trespass, nuisance, interference with riparian rights, and enforcement of a Department of ! mironinental Regulation (DER) order. Appellants were awarded one dollar for the trespass and judgment was entered in appellee's favor on the other counts, We affirm, Appellants and appellee own adjacent parcels of property bordering Lake Tresca, an unusual body of fresh water approximately 250 yards from the Gulf of Mexico. Without applying for or obtaining a permit, appellee began and completed construction of a causeway across the lake, DER filed a Notice of Violation and appellee negotiated a consent order by which appellee was allowed to submit an "after - the -fact permit application': appellee agreed that if the application were denied he would remove the fill material and restore the area to Its "preproJect contours." Appellee then filed an application for an after -the -fact permit, and DER expressed an intent to issue the permit. Appellants, as substantially interested persons, requested a ¢ 120.57 administrative hearing. The hearing officer recommended that appellee's after -the - fact permit application be denied and that appellee be required to restore the area to its preprojeet contours. The hearing officer expressly cautioned that while appellants "sought to vindicate their riparian rights" in the administrative proceeding they had abandoned any contention that Lake Tresca is navigable and in these circumstances DER is without authority to determine riparian rights as between two private land owners. As to appellants' claim of trespass the hearing officer further cautioned that DER is likewise without authority to provide a forum for the adjudication of competing claims to private ownership of land, However, noting *1135 that DER may not knowingly issue a permit for activities which would constitute a trespass on private property, the hearing offieer found that the causeway project does partly lie on appellants' property, DER substantially adopted the hearing officer's recommended order and, after some delay, indicated its intention to close the case upon a determination that the required restoration had been made and "no long term impacts are anticipated." Dissatisfied with the accepted extent of restoration, appellants filed an action in the circuit court seeking injunctive enforcement of the administrative order and claiming damages for trespass, nuisance and interference with riparian rights, as well as punitive damages, Appellants moved for partial summary judgment, asserting that it had been determined in the administrative proceeding that appellee committed a trespass, created a nuisance, and interfered with appellants' riparian rights; appellants accordingly sought it ! t State ex rel. Petten9121 v. Copelan, 466 So.2d 1133 (1985) 10 Fla. C Weekly 793 application of the doctrine of collateral estoppel. The court denied the motion for summary judgment. Appellants also made a motion in limine seeking to preclude appellee from retrying the merits of the administrative proceeding and to limit appellee's available defenses, with regard to nppcllants' claim for injunctive enforcement, to such defenses as are statutorily permitted in enforcement actions. The court took the motion under advisement. Extensive evidence was presented at trial. The court entered a final order stating that, considering the requirements of the administrative order and further considering the testimony of DER employees, "it is apparent that [appellee] has complied with the Final Judgment to the satisfaction" of DER. The court then expressed the opinion that satisfying DER"is conclusive as to substantial compliance." The court further noted that as to appellants' various claims for damages "there is no basis for any of these claims except the trespass and that being only a technical trespass does not give rise to any real damage." The court therefore awarded damages in the amount of one dollar for trespass, and otherwise denied relief. Appellants contend the court erred in (I) denying appellants' motion for partial summary judgment based on collateral estoppel; (2) declining to grant appellants' motion in limine; (3) denying the claim for injunctive enforcement; (4) denying costs and attorney's fees; and (5) conducting a private view of the premises. On the first issue, the administrative order expressly caveats that it is not adjudicating any riparian rights or other property interests which appellants might claim. While the order does state that "the edge of [appellee's] fill road lies on [appellants') property" so as to constitute a trespass, the essential determination was merely that the fill was not entirely within appellee's property. Accordingly, the issue was not presented as to whether there was a trespass upon appellants' property, and the doctrine of collateral estoppel should not apply. And to the extent that the doctrine might apply to the claim of trespass, any error in the denial of the motion therefor should be harmless since after trial on the merits the court found that a trespass had occurred and accordingly entered judgment for appellants on this claim. As to the nuisance claim, such an action is dependent upon an interference with the plaintiffs health, comfort, safety, or proprietary rights. See generally, 38 FIa..fur. Nuisances, § 1; also see § 386.041, Florida Statutes. In the present case although the prior administrative order suggested that h;'t: S t 1 AW appellee had created certain pollutants in, arid altered the contours of, the lake, no finding (other than trespass) was made as to the impact which such activities may have had on appellants' rights. And, as the hearing officer recognized in expressly disclaiming any determination as to appellants' riparian or private property rights, any such determination would not have been essential to the agency's ultimate resolution of the administrative action. *1136 On the second issue, § 120.69(5), Florida Statutes, provides that the defending party in a circuit court proceeding for the enforcement of agency action may assert certain specified defenses including "compliance." In the present case judgment as to the enforcement action was entered solely upon a determination of compliance with the administrative order, While appellee also presented other defenses, such were necessitated by and property responded to appellants' additional claims for other relief. Since the enforcement claim was resolved upon a statutorily permitted defense, any error which might be asserted with regard to the court's failure to expressly grant the motion in limine should be deemed harmless. In denying appellants' claim for enforcement the court expressed the opinion that DER's satisfaction is "conclusive" as to appellee's compliance with the administrative mandate.. While "any substantially interested person" may bring an enforcement 'action pursuant to § 120.69, appellants' action is necessarily dependent upon a challenge to DER's determination that appellee complied with and satisfied the requirements of the restoration order. In making this informal determination and indicating its intention to close the case DER sent appellee a fetter verifying its position in this regard; the circumstances would appear to constitute free- form final agency action. To the extent that appellants are dissatisfied with this agency decision, the proper procedure for a challenge thereto would appear to be a § 120,57 hearing request. Appellants have not pursued such relief and, since § 120.69 is available only for the enforcement of, rather than a challenge to, agency action, in the circumstances presented the court below was entitled to deem DER's satisfaction conclusive so as to establish appellee's compliance with the restoration order. Appellants claimed attorney's fees and costs pursuant to § 120.69, Florida Statutes. Section 120.69(7) provides that the court may award costs and fees, if appropriate, to the prevailing party upon a petition for enforcement of agency action. Appellants did not prevail on their enforcement claim, itr[l to {3113m 31 ' 1- r-;f 3L'i;i'b IIt1F?t 11 4Ah .it State ex rel. Pettengllt v. Copelan, 4S6 So.2d 1133 (19B5) 10Fla. L, Weekly 793 and we note that § 120.69(7) merely authorizes, and does not mandate, an award of costs and fees. Appellants therefore did not establish entitlement to the fees and costs as claimed, Appellants' counsel dId not object and expressly acceded to the court's announced intention to make an unaccompanied inspection of the premises. Such agreement precludes assertion of error in this regard. Neither bias nor the deprivation of a fair trial has been shown. Affirmed. THOMPSON and WIGGINTON, li., concur, MI Citations 466 So,2d 1133, 10 Fla. L. Weekly 793 End of Document e12019 Thomson Reuters. No claim ro ordinal U.S. Government works 1"'i r I. A'A . • it. If It i i`ri =.41ft1 i'O Oil is rii 4- Ytl7t` MRS. JAMES BROWN and MRS. CORALiE C,..., 1983 WI. 36417 (1983) 1983 WL 36417 (Fta.Dept.Env.Reg,) Department of Environmental Regulation State of Florida bIRS. JAMES BROWN AND MRS. CORALIE C. RYNERSON, PETITIONERS, v. WINTER HAVEN SKI CLUB AND STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, RESPONDENTS. DOAH Case No, 82-988 OGC Case No, 82-0228 February 8,1983 FINAL ORDER 41 On December 30, 1982, the Division of Administrative Hearings ("DOAI-F') hearing officer assigned to conduct a Section 120.57(1), Florida Statutes, hearing in the above -styled cause, submitted his Recommended Order, attached hereto as Exhibit 1, to the Department of Environmental Regulation. Pursuant to Section 120.57(1)(b) 8., Florida Statutes, and FAC Rule 17-1.63(1), the parties were allowed ten (10) days in which to submit written exceptions to the Recommended Order. Respondent Winter Haven Ski Club filed exceptions, attached hereto as Exhibit 11. None of the parties have submitted a request for oral argument pursuant to FAC Rule I7-1.68(3), The Recommended Order thereafter came before me as head of the Department for final agency action in this matter. RULINGS ON EXCEPTIONS TO RECOMMENDED ORDER. Respondent's exceptions dispute Conclusions of Law made by the hearing officer in regard to the sufficiency of the evidence to provide reasonable assurance that water quality standards would not be violated and in regard to the adequacy of the Affidavit of Ownership submitted to the Department. Although styled as exceptions to the hearing officer's Conclusions of Law. Respondent has in effect challenged the Findings affect contained in the Recommended Order. Section 120,57(1)(bX9), Florida Statutes, provides that: "The agency may adopt the recommended order as the agency's final order. The agency in its final order may reject or modify the conclusions of law and interpretation of administrative rules in the recommended order, but may not reject or modify the findings of fact unless the agency first determines from a review of the complete record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law..." (Emphasis supplied) The Department preserved the proceedings of the final hearing in this matter with mechanical transcription equipment, and had previously given notice to the parties of this arrangement by Notice of Transcription dated April 7, 1982, a copy of which is attached hereto as Exhibit ill, The Notice of Transcription informed the parties that: "The recording tapes will be made available to all parties upon request. Any parties desirous of having a court reporter present shall make their own arrangements with the reporter of their choice. Original written transcriptions may be ordered directly t}oni the court reporter at the re uesting party's expense. None of the parties requested a court reporter for the final hearing, or ordered a transcript from the Department. WVr,S1'I,AVJ ,In -(l {tit e je;37,I �� iT f•rt �4 e:ir'f II% MRS. JAME;S BROWN and MRS. COMM C....,1983 WL 36417 (1983) Respondent has chosen not to furnish a written transcript of the hearing for my consideration. The "record" in cases governed by Section 120.57(1) includes the official transcript, as provided for in Section I20.57(1)(b)(5)(i), Florida Statutes. The statute also provides that: *2 "The agency shall accurately and completely preserve all testimony in the proceeding, and, on request of any party, it shall make a full or partial transcript available at no more titan actual cost." Section 120.57(I)(b)(6), Florida Statutes, Without the complete record before me to review, I am without the authority to change, modify, or amend the hearing officer's findings of tact, Isles of Capri Civic Association v. State of Florida, Department of Environmental Regulation and Williams Capri Marine, inc., DOAH Case No, 79-2415 (Department Final Order signed April 11. 1980); Raymond A. Jackson, et al. v. Indian River County Board of County Commissioners and State of Florida, Department of Environmental Regulation, DO.AI3 Case No. 79-2193(Department Final Order signed April 25, 1980). Accordingly, to the extent Respondent's exceptions are to the hearing officer's findings of fact, they are rejected. Respondent's first exception is to the Conclusion of Law of the hearing officer that Respondent had not carried its burden of proofat the hearing to affirmatively provide reasonable assurance that the water quality standards of the Department would not be violated. Respondent's argument is that under the circumstances of this case the evidence presented was sufficient to provide the Department with the reasonable assurance required by Rule 17-4.07, and that upon such a showing the burden should have shifted to petitioners to present evidence to prove the facts alleged in their petition. The hearing officer correctly concluded that, based on the procedures outlined in Florida Department of Transportation v. J. W. C. Company, inc., 394 So.2d 778 (Fla. 1st DCA 1981), the applicant for a Department permit bears the burden of afirnnatively providing the Department with the assurances required by the foregoing rule, Respondent's exception requests that I re -weigh the hearing officer's findings of fact and conclude that the record establishes the "prima facie case" required by 1. W, C., supra. However, the hearing officer is the best judge of the credibility of the witnesses and the evidence presented. Respondent has not shown that any of the facts to be reconsidered require assessment according to the special expertise of this Department. MacDonald v. Department of Banking and Finance, 346 So.2d 569, 579 (Fla, 1st DCA 1977). It appears that the hearing officer's ultimate conclusion was based on and evaluation of the evidence and not on an incorrect application of the law. The hearing officer having complied with the holding in J. W. C., supra, Respondent's exception is rejected. Respondent also takes exception to the conclusion of Law ofthe hearing officer that the applicant's failure to prove the existence of an ownership interest in the lake bottom constitutes grounds for denial of a permit. The Department will not knowingly issue a permit for dredging and filling or other activities which would constitute a trespass on private property. Section 17-1,122(15) requires an applicant to execute an "affidavit of ownership or control" certifying that the applicant has or will have, prior to undertaking the proposed project, the necessary approval or permission from all other persons with a legal interest in the property affected. *3 After considering ail the evidence, the hearing officer concluded that the Department's requirements in this regard were not met. The hearing officer's conclusion that "the record owner of the submerged lands has not been shown, and no document evidencing the Club to be its lessee has ever been submitted .. "is based on his evaluation of the entire Record and will not be overturned. Accordingly, Respondent's exceptions to the hearing officer's Conclusion of Law Is rejected. CONCLUSION AND ORDER Having considered the Recommended Order, including the Findings of Fact and Conclusions of Law and Respondent's exceptions, it is therefore: .' ', r t.nE1,° MRS. JAMES BROWN and MRS. CORALIE C...., 1983 WL 36417 (1983) ORDERED that the hearing otTicer's Findings of Fact, Conclusions of Law and Recommended Order are adopted in toto as final agency action in this matter and that the application for an after -the -fact construction permit is denied, without prejudice to Respondent's right to file a subsequent application which satisfies the applicable rules of the Department. DONE AND ENTERED this 8 day of February, 1983, in Tallahassee, Florida. Victoria J. Tschinkel Secretary RECOMMENDED ORDER Pursuant to notice, a formal hearing was held in the above case before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER, on November 30, 1982, in Winter Haven, Florida. For Petitioner: Joe L., Shark, Jr., Esquire Post Once Box 2295 1Vinter Haven, Florida 33880 For Respondent/Applicant: Ray Mattox, Esquire Post Office Box 917 Winter Haven, Florida 33880 For Respondent/'DER: William W. Deane, Esquire Twin Towers Office Building 2600 [flair Stone Road Tallahassee, Florida 32301 APPEARANCES BACKGROUND By application dated December 15, 1979, Respondent/AppIicant, Winter Haven Ski Club, sought the issuance of a permit from Respondent, Department of Environmental Regulation, authorizing the construction of a 26' by 14' anchored ski ramp approximately 300' from the west shore and 700' from the north shore, and to construct a water ski slalom course consisting of seventeen buoys covering approximately 2.27 acres of lake surface on Lake Silver, within the City of Winter Haven, Florida. Because Applicant did not submit additional information requested by Respondent on January 22 and July 30, 1980, the application was denied by Department order dated January 27,1982. Thereafter, Applicant submitted the requested information by letter dated February 3, 1982. On March 17, 1982, the Department issued its notice of intent to issue the requested permit authorizing Applicant to construct the subject pollution source. A timely request for administrative hearing was thereafter fled by Petitioners, Mrs. James Brown and Mrs. Coralie C. Rynerson, pursuant to Subsection 120.57(1), Florida Statutes. Both are property owners on Lake Silver, As grounds for objecting to the issuance of the permit, Petitioners alleged that they would be "adversely affected by the issuance of... (the) .. , permit," that they"... did not receive any form of written notice ..." regarding the proposed activity, that the issuance of the permit ". , . would adversely affect wildlife, fish and aquatic life, increase water pollution, result in substantial noise pollution, and would adversely affect plant life," that a prior water ski ramp in the same location caused "... waterfowl inhabiting such lake (to be) substantially diminished and that schools of fish became practically nonexistent," and that the proposed activity ",.. would further result in a hazard to navigation and in substantial hazard to the persons who use Lake Silver for recreational purposes." 7f1 -191:I1t1 ,i't `; ±-...i�t-�1f3:'-!!�'.. 05 MRS. JAMES BROWN and MRS. CORALIE C..,., 1903 WL 36417 (1983) 64 The matter was forwarded by Respondent to the Division of Administrative Hearings on April 7, 1982, with a request that a Hearing Officer be assigned to conduct a hearing. By notice of hearing dated May 11, 1982, the final hearing was scheduled for July 28, 1982, in Winter Haven, Florida. At the request of Applicant, the matter was rescheduled to November 3, 1982, and again to November 30, 1982, at the same location. At the final hearing Applicant presented the testimony of Bruce W. Kistler, Robert 1. Segal, and William F. Cheeseinan and offered Applicant's Exhibits 1-5; all were received in evidence. Respondent, Department of Environmental Regulation, presented the testimony of Rebecca 1.ockenhach, a Department environmental specialist, and offered Respondent's Exhibits 1 and 2; both were received in evidence. Petitioner Mrs. James B. Brown testified on her own behalf and offered Petitioner's Exhibits i -3; all were received in evidence. There is no transcript of hearing in this proceeding. Proposed findings of fact and conclusions of law were filed by Respondent on December 20, 1982, and have been considered by the undersigned in the preparation ot'this order. Findings of fact not. included in this order were deemed to be irrelevant to the issues, immaterial to the results reached, or were not supported by competent and substantial evidence. The issue herein is whether Respondent/Applicant is entitled to the issuance of a pennitto construct an anchored ski ramp and water ski slalom course on lake Silver in Winter Haven, Florida. Based upon all the evidence, the following findings of fact are determined: FINDINGS OF FACT 1. Respondent/Applicant, Winter Haven Ski Club, Inc., is a non-profit corporation that was originally organized in 1939. lts membership consists of water skiers in the Winter Haven, Florida area. It is an affiliate member of the American Water Ski Association. 2. in April, 1976, Applicant constructed a water ski siatom course on lake Silver, located wholly within the City of Winter Haven, Florida, At a later undisclosed date, Applicant constructed a water ski jump ramp on the same lake. 3. In 1979 Applicant apparently learned that a state permit was necessary to legitimize its slalom course and ski ramp. Accordingly, it filed two permit applications with Respondent, Department of Environmental Regulation (DER), on January 10, 1980. In application number 53-26777-35, Applicant seeks a permit to construct a water ski jump; in application number 53-26779-3E, it seeks a pennit to construct the water ski slalom course, On January 22,1980, Applicant was notified by DER that its application was incomplete, and that the following items would have to be furnished: (a) the names and addresses of property owners on the lake, (b) a vicinity map, and (c) a plan view of the proposed slalom course. On July 30, 1980, DER notified Applicant that an affidavit of ownership for the submerged lands in Lake Silver must be filed in order to complete the application. A flintier notice was provided to Applicant on May 26, 1981, that the permit would be denied if the additional information was not received within a reasonable period of time. 'S Having failed to receive the affidavit of ownership from Applicant, DER issued a final order denying both applications on January 28, 1982, Thereafter, on February 4,1982, Applicant furnished an affidavit of control in which it stated that the City of Winter Haven was the "control owner" of the submerged lands under Lake Silver and that the Club was its "lessee", On March 17, 1982, DER issued a letter of Intent to issue the requested permits. 4. On April 5, t982, Petitioners, Mrs. James Brown and Mrs. Coralie C. Rynerson, who are property owners on Lake Silver, filed a petition for administrative hearing in which they objected to the issuance of the requested permit. Their petition precipitated the instant proceeding. S? t.Nil/ � ` ',t' i; + ; �' or= tip ?r1ill, MRS. JAMES CROWN and MRS. CORALIE C...., 1903 WL 36417 (1983) 5. Lake Silver is a Class [I[, non -meandered round -shaped lake which covers approximately 52 acres. it lies wholly within the City of winter Haven. Although its precise dimensions were not disclosed, testimony that it is less than 1,800 feet at its widest or longest point was not contradicted. The lake is surrounded on three sides by residential streets and on the west side by a railroad track. There is also a city -owned public swimming beach and boat dock on the western side of the lake. 6. The ski slalom course is now placed in a southeast -northwest line through the middle of the lake, The course consists of a submerged stainless steel cable 1/8 inch thick which lies approximately six feet below the water line and is suspended between anchors at each end. Attached to the cable are buoys or boom arms. There are a total of 22 small buoys 10 to 12 inches in diameter which float on the water and provide a path through which the skier negotiates. The overall length of the course is 850 feet and its width is 75 feet. Under ideal water conditions an approach and exit to the course requires 500 feet on each side of the course. Therefore the total distance required to negotiate the course is approximately 1850 feet, which apparently equals or exceeds the lake at its longest point. 7. The application reveals that the jump ramp is in the western half of the lake and lies approximately 300 and 700 feet from the westerly and northern shore lines, respectively. It is 26 feet by 14 feet in size and has a wooden surface, a steel structure undercarriage, and styrofoam floatation wood side curtains. It floats on 55 gallon drums attached to the undercarriage. Anchor lines are extended from each of the four corners to drums filled with concrete which serve to anchor and stabilize the ramp, The top of the ramp is approximately 7 feet, 8 l?2 inches above the water line. 8. Lake Silver was selected as a site for the course and ramp because it is small in size and has smooth water which is conducive to skiing. Further, boat access to the lake is restricted since there is no boat ramp available for the general public. Finally, the lake has public waterfront property from which skiers and spectators can watch the activities. *6 9. The Club intends to conduct no more than two or three ski tournarnents a year at Lake Silver. It also conducts annual functions for the local girl scouts and bay scouts on the lake, as well as periodic ski days, The course will not be open to the general public. 10, when the Club is utilizing the facilities, only one tow boat is in use at any given time. The maximum speed of the boat is 36 miles per hour. Several other boats will remain idling in the area to serve in a pick-up function if a skier falls. 11. The shoreline of Lake Silver is vegetated with torpedograss, water primrose and some cattails. There is little, if any, vegetation around the public swimming area and the American Legion property located on its northern shore. The lake is quite deep, and measures approximately twenty-nine feet deep at each end of the slalom course and nineteen feet in front of the ramp. 12. There were no water quality tests performed by Applicant or the DER, [t is unclear whether an actual visual inspection by a DER representative was made. However, the DER report received in evidence indicates that water quality has deteriorated in recent years due to vegetation clearing, storm water run-off and low water conditions. The report also indicated that the lake has a silt bottom where the course and ramp are located and that no submerged aquatic vegetation tvas present. The report concluded that wave action from boat traffic associated with the course and ramp may cause erosion problems, force wading birds and wintering ducks to find refuge elsewhere while skiing is in progress, and constitute a hazard to other boaters. It reached no conclusion relative to the impact of the activities on water quality. 13. Activities on the lake at the present time include canoeing, fishing, paddle boating, and similar activities. Recreational skiing on the lake is almost non-existent except for Club activities. 14. Petitioners are property owners on Lake Silver. They object to the proposed activity an the ground the water quality will be adversely affected, and because the noise and boat activity are detrimental to birds and other wildlife, and will hinder fishing. VITSf1.tl'v,' i4 1 I {;1 :.,, lfit,tti.'a t i `ttil11.,. MRS. JAMES BROWN and MRS. CORALIE C,,.,,1983 WL 36417 (1983) CONCLUSIONS OF LAW 1. The Division of Administrative Hearings has jurisdiction orate subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes. 2. Subsection 403.087(1), Florida Statutes, provides in part that: No stationary installation which will reasonably be expected to be a source of air or water pollution shall be operated, maintained, constructed, expanded, or modified without an appropriate and currently valid permit issued by the department, unless exempted by department rule. in no event shall a permit for a water pollution source be valid for more than 5 years. However, upon expiration, a new permit may be issued by the department in accordance with this act and the rules and regulations of the department. A ski slalom course and ski ramp are ''stationary installations" within the meaning of the foregoing statute for construction of which a permit is required, ''7 3. Rule 17-4.07(1), Florida Administrative Code, requires that an applicant fora construction permit provide the Department ". , . with reasonable assurances based on plans, test results and other information, that the construction ... operation, or activity of the installation will not discharge, emit, or cause pollution in contravention of Department regulations." I 4. In this proceeding, Applicant bears the burden of affirmatively providing the Department with those assurances required by the foregoing rule. Florida Department of Transportation v. J.W.C. Company, Inc., 394 So?d 778, 788 (Fla. ist DCA I981). This is accomplished by Applicant first presenting a "prima facie case" showing entitlement to the requested permit. J.W.C. instructs us that at a very minimum, the preliminary showing should include "... the application, and the accompanying documentation and infonnation relied upon by the agency as a basis for the issuance of its notice of intent." Id. at 788. Here the Applicant attempted to present the minimal evidence required by J.W.C. to support its claim. However, aside from the application and accompanying documentation in the DER. file, no other competent evidence was offered.2 The DER permit appraisal dated April 28, 1980, merely concluded, inter alia, that "water quality (in the take) has deteriorated in recent years" and that "wave action from boat traffic... may cause erosion problems." There were no specific findings relative to the impact of the project an biological resources and water quality, or an affirmative statement that the water quality should not be expected to deteriorate. Moreover, there were no water quality samples taken to determine the lakc's water quality before and after the anchored ski ramp was installed) Based upon this scanty evidence, it cannot be concluded that Applicant has provided the Department with reasonable assurances that the proposed installations will not discharge, emit, or cause water quality pollution in contravention of Department standards. J.W.C. Co., supra. For this reason, the application must be denied.4 5. A second impediment to granting the application concerns the requirement that the Department of Natural Resources (DNR) provide permission for the construction of the ski ramp aver the lake's submerged lands in the form of a submerged land lease, or that the Applicant provide an affidavit of ownership or control of the submerged lands. See Section 253.77, Florida Statutes. Because no claim agate ownership was made by DNR, an affidavit of ownership or control was submitted by Applicant. According to the affidavit, the City of Winter Haven asserts "control" vis-a-vis "ownership" of the submerged lands of Lake Silver, and that the Winter Haven Ski Club, Inc. is the lessee. However, the DER form requires that the record owner, or his lessee or easement holder, submit the necessary affidavit. Because the record owner of the submerged lands has not been shown, and no document evidencing the Club to be Its lessee has ever been submitted, the affidavit fails to comply with Department requirements. See Rule 17-4.05(1), Florida Administrative Code. This being so, it is concluded that for this additional reason the application must be denied, CC Harrison, et al. v, Crowley and Dept. of Environmental Regulation, DOAH Case No. 79-2307 (Final Order entered 5/23/80). RECOMMENDATION $.olr;.I 1 t ,a {'Ovitti, MRS. JAMES BROWN and MRS. CORAI,IE C.—,1983 WL 36417 (1983) *8 Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Winter Haven Ski Club, Inc. for a permit to construct a ski slalom course and ski ramp on Lake Silver he DENIED. DONE and RECOMMENDED This 30th day of December, 1982, in Tallahassee, Florida. December 30,1982 DONALD R. ALEXANDER (tearing Officer EXHIBIT II EXCEPTIONS TO RECOMMENDED ORDER COMES NOV the Respondent/Applicant, WINTER HAVEN SKI CLUB, INC., through its undersigned attorneys, and files this it's Exceptions to The Recommended Order signed by Donald P. Alexander, hearing Officer, Department of Administration, Division of Administrative Hearings and filed the 30th day of December, 1982: CONCLUSIONS OF LAW 1. The applicant makes no objections to Paragraphs one, two and three under Conclusions of Law, Page number seven of the Recommended Order, but, specifically agrees with footnote number one at the end of paragraph number three which states; "Because the proposed construction activity will riot take place within a navigable body of water, Odom v. Deltona Corporation, 341 So.2d 977 (Fla. 1976), the impact of the project on navigation, fish, marine and wildlife is not germane." *9 2. The applicant does take exception to paragraph number fourofthe proposed Recommended Order and would submit that the basic thrust ofthe testimony and the entire presentation ofthe applicant was designed to show; 1. There had been no pollution resulting from the use of the ski course and ramp in the past and, 2. There would be no pollution from such activity in the future. Witnesses testifying in behalf of the applicant presented factual statements under oath, based on their own personal knowledge and observations, none of which was refuted or contradicted. I. They stated that the boats and motors used were of an improved engineering design constructed specifically for skiing and, as a result, emitted very minimal, of any oil or gasoline into the water,. 2, The witnesses also testified to the limited past and future use of the lake by the ski club, such use being very restricted as shown by the Findings of Fact, paragraph nine and ten on page number six oldie Recommended Order. This extensive testimony certainly met the general requirements of Rule 17-4.07(1) Florida Administrative Code, that an applicant provide the Department of Environtnent Regulations with "reasonable assurance", that such an installation "will not discharge, emit, or cause pollution in contravention of Department regulations." The conclusion of the words "reasonable assurances" in the Rule contemplated that Department rules and regulations would be interpreted and applied on a reasonable, common sense basis. The Hearing Officer not only ignored the unrefuted and unchallenged factual presentations of the applicant's witnesses, but stated: "no other competent evidence was offered." rstl 4 I Fi h,IN..1 V•i• - -,- r MRS. JAMES BROWN and MRS. CORALIE C....,1983 W1. 36417 (1983) He thus attempts to dismiss from consideration not only the extensive testimony, but three significant exhibits presented by the applicant: An Abstract Analysis Of Pollution From Marine Engines And Effects On The Environment, was the result of a study jointly funded by the U.S. Environmental Protection Agency and the Boating industry Associations. The major objective of this study, launched in April, 1971 and concluded on August 31, 1973 was "to determine the effects, if any, of two-cycle outboard engine emissions on aquatic environments." The findings were that there was no significant variation or differences in water quality. Another exhibit introduced into evidence by the applicant was a report prepared by Environmental Engineering, Inc., of Gainesville, Florida, titled, Effect of Power Boat Fuel Exhaust on Florida Lakes. This study concluded in 1972 was conducted in Lake X and Cat Lake, near Orlando, Florida. Lake X was utilized extensively for a ten year period prior to this study by the Kickhaefer Marine Company to test outboard and inboard marine engines. The results of the study show: "Engine operation on Lake X has consumed 340,552 gallons of fuel and oil per year for the past four years. Based on an average consumption of five gallons per hour, this translates to 68,000 engine hours annually, ora fleet of 680 fishermen devoting 100 hours each." * 10 A bio-assay experiment conducted to determine the degree of toxicity required to represent a danger to fish would require the operation of 18,000 outboard engines 24 hours a day for a period of one year in Lake X. "Reducing the above activity to an eight hour fishing day and a six month fishing season raises the number of outboards to 108,000. This would require 77 boats per acre operated eight hours per day to produce a toxicity problem in Lake X. A third exhibit introduced by the applicant was entitled "Central Florida 208 Areawide Water Quality Management Plan", which was based on research compiled by the Central Florida Regional Planning Council, This extensive documentation established that the pollution problems present in central Florida lakes, including Lake Silver, are a result of storm sewer drainage, street run- off, lawn and agricultural fertilizer seepage sources, but no mention of any pollution resulting from the use of marine engines. The results of these studies have not been dispmven or even challenged. The findings are just as valid and applicable today as when conducted. Yet, Mr, Alexander gives them no significance by stating "they (the applicant's exhibits) were made almost ten years ago. Therefore, they have been disregarded by the undersigned,' Mr. Alexander makes light of the fact that the three witnesses offered by the applicant were not expert witnesses. The undersigned attorney for the applicant pointed this out when they were presented to emphasize that they would testify to facts of their own knowledge rather than opinions of a so-called expert. It was also pointed out that the facts they would relate were self-evident and could speak for themselves. The applicant, through those witnesses and, exhibits, strongly and affirmatively gave assurances that the water quality would not deteriorate in the future as a result of the actions and activities, by the ski club in Lake Silver. The Recommended Order states further in paragraph number four, page eight, "Moreover, there were no water quality samples taken to determine the lakes water quality before and after the anchored ski ramp was installed." The applicant would submit that this is an impossible and therefore unreasonable requirement. The application for permit was an after -the -fact application. Paragraph number two of the Finding of Fact, page number three states specifically that the water ski course was constructed in April 1976 and the ski jump ramp at a later undisclosed date. Paragraph number three on page four points out "In 1979 applicant apparently learned that n stateperrnit was necessary to legitimize its slalom course and ski ramp." These facts are extremely significant and take this case out of the ordinary category for several reasons: I, The ski course and ramp were in place for several years prior to the Hearing on the matter of permits. 2. The applicant was thus able to demonstratively prove by concrete example through its witnesses and exhibits that no pollution or damage to the environment had resulted and that none could reasonably be expected to result from a continuing use in the same manner. 3. The Petitioners WE,S1tA11' i€= `vV:,+ MRS. JAMES BROWN and MRS. CORAUE C....,1983 Wl. 36417 (1983) in opposition to the granting of the permits, even though in the advantageous position of being above to show damages or pollution resulting from the prior use of the ski facilities failed totally and completely to do so for the simple reason that there was, is and will be, no pollution or damage. *11 In contrast to the three witnesses and exhibits of the applicant, the Petitioners presented only one lay witness who expressed only opinions in a broadgeneral manner and indiciated in her testimony that the primary reason for her objections was that the noise bothered and disturbed her and friends. The three exhibits presented by the Petitioners were 1. U.S, Government map showing the dimensions of Lake Silver, 2, U.S. Government map showing the dimensions of Lake Florence, 3. City of Winter Haven Ordinance #707 having to do with speed limits for boats. None of these three exhibits even remotely involve the question of pollution or damage to the environment, in Lake Silver or elsewhere. In fact, the only referenced to pollution or damage resulting from the use of the applicants ski facilities were very vague, general and totally unsupported statements by the Petitioners as grounds for objecting to the issuance of the permit. I call your attention to page number two of the Recommended Order, which quotes the objections of the Petitioners as being based on concern for future problems. Note the continued use of the term "Petitioners would be adversely affected." That issuance of the permit "--• would adversely affect wildlife..." "and would adversely affect plant life." The only other reference to possible pollution was in paragraph number twelve, page six of the Recommended Order, which makes reference to a D.E.R. report "received in evidence indicates that water quality has deteriorated in recent years due to vegetation clearing, stormwater run-off and low water conditions." "The report concluded that wave action from boat traffic associated with the course and ramp may cause erosion problems, etc," Mr. William W. Deane, Assistant General Counsel for Department of Environmental Regulation stated in his Proposed Recommended Order, submitted the 20th day of December,1982 in paragraph number five, page number seven,' a preliminary showing of "reasonable assurance" having been made by the applicant, the burden of proof is upon the Petitioner (protesting property owners) to go forward with evidence to prove the truth of the facts asserted in its petition --- If it fails to present such evidence or to carry'tlte burden of proof as to the controverted facts asserted, then a permit must be issued." Mr. Deane then recommended that the permits be issued based on his further statement in paragraph number seven, page number eight: "applicant having provided reasonable assurances that the proposed project will not contravene Department standards and requirements. and there being insufficient evidence to contradict this affirmative showing, the requested permit should be issued." The undersigned would state it a little stronger; if titiis matter was being tried in a Court of Law, and those filing objections had failed completely, as here, to meet the burden of proof the Court would have immediately, upon the conclusion of the presentation of testimony directed a verdict in favor of the applicant. * 1 2 3. The Herring Officer states in paragraph number five, page eight, as his second impediment to granting the application that no necessary affidavit of ownership of the submerged lands of Lake Silver was filed. Mr. William F. Cheeseman, who filed the application for permits in behalf of the applicant made every reasonable effort to comply and did comply with the requirements of Department of Environmental Regulation. The facts are: By letter dated July 1, 1980 Mr. Cheeseman received permission to go forward from the Director, Division of State Lands, Department of Natural Resources, which letter stating that Department had no objection to the proposed permit application. He, Mr. Cheeseman, not being an attorney, assumed this was all he needed. Thereafter, he was notified the said letter was not sufficient. On May 26,198t, iMr. Cheeseman was again notified the application was incomplete and immediately contacted the Department of Natural Resources again. ttAVV f�, MRS. JAMS BROWN and A)1RS. CORAUE C...., 1963 WL 36417 (1983) May 27, 1981, Mr. Chccseman phoned a Sandy Harris, in the Title Section in the Tallahassee office of Department of Natural Resources at (904) 488-8123, tvho stated that to her knowledge the State of Florida owned the submerged land under Lake Silver, but could not help him. She then transferred Mr. Cheeseman to a Mr. Gary Bishop who stated they (Department of Natural Resources), would not admit in writing they owned the land under the water of Lake Silver, and they would certainly not give an easement. Subsequently, when Department of Environmental Regulation issued a Final Order denying the application based on incompleteness, Mr. Cheesemans frustrating inability to obtain even a written admission of ownership was discussed with Department ofEnvironmental Regulation personnel. Mr. Chcesentan was then instructed to obtain an affidavit from the City of Winter Haven, Florida consenting to the use of city property located on Lake Silver, This affidavit dated the 16th day of February, 1982 was obtained by Mr. Chccseman and recorded in the Department of Environmental Regulation office on February 18,1982. Therefore, the applicant made every reasonable effort to comply and did comply with the requirements of Department of Environmental Regulation as shown by the fact that thereafter on March 17,1982, the Department ofEnvironmental Regulation issued an Intent to Issue Permit letter. WHEREFORE, based on the foregoing, the applicant respectfully requests that the Proposed Recommended Order signed by William W. Deane and filed the 20th day of December, 1982, be adopted as the decision of the Department of Environmental Regulation MATTOX & BLANKENSHIP RAY MATTOX, ESQUIRE EXHIBIT Ili NOTICE OF 'TRANSCRIPTION TO: Joe L. Sharit, Jr, Straugbn, Sharit, Bunn & Chilton, P.A. 255 Magnolia Avenue Winter Haven, Florida 33880 Attorney for Petitioners YOU ARE HEREBY NOTIFIED that in accordance with Chapter 120, Florida Statutes, the Department of Environmental Regulation will provide mechanical transcription equipment at ail upcoming hearings in ;his cause. The recording tapes will be made available to all parties upon request. Any parties desirous of having a court reporter present shall make their own arrangements with the reporter of their choice. Original written transcriptions may be ordered directly from the court reporter at the requesting party's expense. *13 YOU ARE HEREBY FURTHER NOTIFIED that in accordance with Section 286.0105, Florida Statutes, should you decide to appeal any decision made by the Department of Environmental Regulation, or take exception to any finding of fact of the hearing officer with respect to any matter considered at a hearing of the Department, you may need to ensure that a verbatim record of the proceedings is made. Such a record shall include the testimony and evidence upon which the appeal is to be based. Ffr%ALV 1 '0 u MRS. JAMES BROWN and MRS. CORALIE C...., 1983 WL 36417 (1933) Respectfully submitted this 7t11 day of April, 1982. WILLIAM W. DEANE Assistant General Counsel Footnotes 1 Eiceause the proposed construction activity will not take place within a navigable body of water, Odom v. Deltona Corporation, 34l So.2d 977 (Fla. 1976), the impact orate project on navigation, rush, marine and wildlife is not germane. Sec Rule 17.4.29(6), Florida Administrative Code, and Chapter 253, Florida Statutes. 2 Reports and studies introduced by Applicant as Applicant's Exhibits 2, 3, and 4 concerning the environmental impact of boating on lakes ►rem not shown to be conducted in Later bodies comparable to Lake Silver, or under similar circumstances and conditions. Further, they were made almost ten yeurs ago, Therefore, they have been disregarded by the undersigned. Exhibit 5 was treated as hearsay, did not corroborate other competent testimony, and has also been disregarded. Finally none of the three witnesses offered by Applicant were tendered as expert witnesses but rather were presented as lay witnesses. 3 It is unclear whether a visual inspection of the lake was even made by the DER representative. While his report expressly indicates he did not, testimony by another DER employee at the final hearing indicated that such an inspection was made. The person who compiled the report teas not present at the final hearing. 4 The case at bar Is distinguishable from Zeller v. DER and Gress; DOA( Case No. 81-1766, Final Order entered 1/15/82, and from which Respondent has drawn much of its proposed order. In Zeller, only o ski slalom course was Involved, the DER field representative conducted an on -site inspection of the lake in question, and live competent testimony was presented as to why no water quality tests were taken, and why reasonable assurance was given that the water quality would not be impaired, 1983 WL 36417 (F 1a.Dept,Env.Reg.) End of Decunrce; t 2019 Thomson Ret,teci Noclairn to ors; inai U.S. Government Weida. tAi,=St! A4V , tti.), `idol ,, iC,ln: Exhibit 6 8/25/2019 Ro: 371h Subject: Re: 37th Date: 8/12/2016 4:07:16 PM Central Standard Time From: mbecker@beckerboards.com To: ops047@aol.com Cc: derekaschwartz@gmail.com, jwhite@beckerboards.com, roberLnagle@naglelaw.com Phillip: Thanks for your frank responses. I wish your positions were clarified a lot earlier because it's very apparent that we're not on the same page. Please see my responses below In bold and CAPs. Mark D. Becker, Managing Member Becker Boards, LLC 4350 East Camelback Rd., Suite B-195, Phoenix, AZ 85018 Office 602 740-9145 I Fax 602 368-4358 Los Angeles 1 Miami 1 Phoenix 1 San Francisco From: Phillip Sylvester <OP047 aol.com> Date: Fri,12 Aug 2016 06:33:28 -0500 To: Mark Becker <MSecker@BeckerBoards.com> Cc: Derek Schwartz <derekaschwartz@gmail.co,>, Joseph White <jwhiteabeckerboards.corr>,>, Robert Nagle <robert.nag @jj glelaw.corn> Subject: Re: 37th Mark, Thank you for chiming in and your valued perspective. To briefly address your well founded thoughts: 1. The original conversations were not of doing a perpetual easement but of a long term lease. WHY WOULD YOU EVEN BRING THIS UP NOW? THE PERPETUAL EASEMENT CONCEPT HAS BEEN THE BASIS OF THE WHOLE DEAL FOR AT LEAST THE LAST 6 MONTHS. FYI, BECAUSE YOU THINK THIS POINT IS STILL RELEVANT, YOU SHOULD KNOW THAT WE DIDN'T WANT TO PAY YOU $1.4MM EITHER AND WE WOULD NEVER DO SO UNDER A LEASE SCENARIO. NEVERTHELESS, WE GOT BEYOND IT WHEN YOU AGREED TO THE PERPETUAL EASEMENT CONCEPT. My attorney warned me of the complications but I agreed to It because it was Becker's wish. I am not apposed to it but not if it restricts me beyond my comfort. YOU SHOULD OF DRAWN THE LINE ON THIS MONTHS AGO. BY TYING UP TWO OF OUR PERMITS WITH YOU, WE'VE LOST HUNDREDS OF THOUSANDS OF DOLLARS IN PERMIT FEES, LEGALS, AND OPPORTUNITY COSTS BANKING ON OUR BELIEF THAT YOU WOULD HONOR THE BASIC PREMISES OF THE DEAL STRUCTURE. I am not apposed to it but not If it restricts me beyond my comfort. The $1m+ payment is small relative to the other numbers in this deal: building costs & future revenue. MAKING A DEAL WITH YOU UNDER THESE NEW TERMS ISN'T WORTH IT FOR US EITHER. WE CAN JUST USE OUR PERMITS ELSEWHERE. WE CAN DO SO NOW WITHOUT THE BIG PAYMENT THAT WE WERE GOING TO MAKE TO YOU AND WE CAN START GENERATING INCOME NOW WITHOUT THE RISK AND LOST OPPORTUNITY COST INVOLVED IN WAITING FOR YOU TO BUILD THE BUILDING, 1100%agree with your position that should not be able to terminate an easement for no just cause. The attorneys need to reflect this in the doc. ARE YOU TRYING TO BE SARCASTIC HERE? THAT'S NOT THE ISSUE AT ALL. THE ISSUE IS WHAT ARE YOUR REMEDIES IF THERE IS A DEFAULT OR BREACH. YOU'VE KNOWN OUR POSITION ON THIS FOR MANY, MANY MONTHS NOW - THAT AFTER PAYING YOU FOR THE PERPETUAL EASEMENT, YOU WOULD NOT HAVE THE CONTRACTUAL RIGHT TO TERMINATE EXCEPT IN THE ops047's mailbox 117 8/25/2019 Rs; 371h LMITED CIRCUMSTANCE OF OUR NON-PAYMENT OF THE MINIMUM RENT AFTER NOTICES AND FAILURE TO CURE. FOR EVERYTHING ELSE, YOU CAN SUE US AND RECOVER DAMAGES, ATTORNEYS FEES AND THE EXORBITANT INTEREST RATE THAT WE AGREED TO. HOWEVER, UNDER NO CIRCUMSTANCES (ESPECIALLY IN THE CASE OF A NON -MONITORY BREACH LIKE WHAT DEREK ASKED FOR IN HIS LATEST DRAFT), WOULD YOU BE ABLE TO TERMINATE THE LEASE WITHOUT GOING TO COURT AND CONVINCING THE JUDGE THAT OUR BREACH(ES) HAVE BEEN SO MATERIAL THAT TERMINATION OF THE PERPETUAL EASEMENT (AKA DEED) IS AN ACCEPTABLE RESOLUTlON.Good point on the LLC that will own this property, but it will always have the equity of this real estate- keep in mind I don't have a penny of debt on any of the dozens of properties that I own. JUST BECAUSE THERE'S NO DEBT ON YOUR REAL ESTATE TODAY DOESN'T MEAN THAT YOU WON'T PUT ANY DEBT ON IT IN THE FUTURE AND THEREBY REDUCE YOUR EQLHTY AND OUR ABILITY TO RECOVER AGAINST YOUR SINGLE ASSET ENTITY. WE NOW HAVE OVER 200 FACES IN OUR INVENTORY AND WE ARE GROWING VERY RAPIDLY IN A PROFITABLE MANNER. PLUS, OUR ENTIY OWNS SEVERAL OF THESE VALUABLE PERMITS AND WE HAVE SEVERAL PROFITABLE DEALS THAT ARE EITHER ALREADY SIGNED AND UNDERWAY (e.g,, WHOLE FOODS) OR THEY ARE IN THE FINAL STAGES OF BEING FINALIZED. AND, LIKE YOUR ENTITY, AT THIS TIME OUR ENTITY CURRENTLY HAS NO DEBT. THUS, ALL IN ALL, OUR POSITIONS RELATIVE TO THE EQUITY IN OUR ENTITIES ARE ON PAR. WHAT YOU HAVE OR WE HAVE OUTSIE OF OUR ENTITIES THAT ARE SIGNING' ON THIS DEAL IS IRRELEVANT ON THIS POINT. 2. The obstruction issue seems to be the critical deal point that needs to be hashed out between us. LOLI THIS 15 JUST ONE OF THE THREE ISSUES THAT NEED TO BE IRONED OUT BEFORE WE SPEND ANY MORE TIME OR MONEY ON THIS DEAL. Last time we spoke 1 brought It up and we Left It that i was going to be provided with a visibility triangle. YOU'RE CORRECT THAT YOU BROUGHT IT UP, FOR THE FIRST TIME, IN OUR LAST ROUND OF DISCUSSIONS. THIS PROVISION HAS BEEN IN THE DOCUMENTS SINCE DAY 1. IT IS A STANDARD LEASE/PERPETUAL EASEMENT PROVISION — ESPECIALLY WHEN THE LANDLORD HAS A LARGE PROFIT PARTICIPATION AS YOU DO IN THIS DEAL. KEEP IN MIND THAT THIS PROVISION WAS IN OUR STANDARD FORM (AND ITS IN AU. OUR STANDARD LEASES AND PERPETUAL EASEMENTS) BEFORE WE EVEN KNEW THAT YOU WERE CONSIDERING BUYING THE NEIGHBORING PROPERTY(IES). The recent last draft provided to me had very broad language restricting me from creating an obstruction that In effect could put tens of millions of dollars of my construction at your control. IT'S IRONIC THAT YOU AND DEREK SEEM SO BOTHERED BY THIS RESTRICTION. KEEP IN MIND THAT YOU'VE ASKED TO RESTRICT US FROM DOING ANYTHING NEAR YOUR PROJECT WHICH MIGHT IMPACT YOUR ABILITY TO DO ANOTHER WALLSIGN IF OUR DEAL WERE TO GET TERMINATED— WE HAVE NO PROBLEM WITH THAT BECAUSE IT'S A REASONABLE RESTRICTION AND REQUEST SLIT YET WHEN WE ASK FOR SOME REASONABLE (AND INDUSTRY STANDARD) RESTRICTION ON YOUR POTENTIAL INTERFERENCE WITH OUR INCOME STREAM, YOU AND DAREK SEEM TAKEN ABACK. YOU CAN BUILD WHATEVER YOU WANT; YOU JUST CAN'T BLOCK THE VISIBILITY TO OUR SIGNS. I will be much better able address this Issue once provided with the visibility Information. BECAUSE WE'RE SO FAR OFF CONCEPTUALLY ON ALLTHREEE OF THESE MAJOR DEAL POINTS, WE'RE NOT DOING A THING ON THIS UNLESS AND UNTIL WE CAN GET ON THE SAME PAGE. 3.1 hired a Lawyer who specializes in outdoor advertising who added the "fair market" language. while the term "fair market" doesn't seem offensive to me, I understand your concern about openings for litigation. I prefer to state the obvious in contracts rather than leave it assumed. WE'VE BEEN DOING THIS FOR 8 YEARS NOW AND WE'VE HAVE SEEN A TON OF OUR COMPETITOR'S LEASES AND HAVE NEGOTIATED MANY OF OUR OWN. HONESTLY, i'VE NEVER SEEN ONE WHERE IT HAD THIS "FAIR MARKET" CONCEPT IN THE LEASE. MAYBE YOUR GUY GOT SOME SUCKER TO DO THAT ON A DEAL OR TWO BUT IT'S DEFINITELY NOT THE NORM ESPECIALLY IN A CASE LIKE THIS WHERE WE'RE PAYING $1.4MM TO THE LANDLORD AND THE LANDLORD HAS ABSOLUTELY NOTHING WITHOUT OUR PERMIT. I will send you his information for your reference & will double back with him to see what his rational was on the language. DON'T BOTHER; WE'RE NOT DOING IT. AGAIN, YOU HAVE YOUR REMEDIES AT IAW AND EQUITY IF WE'RE DEFRAUDING YOU OR SOMETHING BUT WE'RE NOT GOING TO GET INTO LITIGATION WITH YOU ON WHETHER OR NOT WE'RE ACHIEVING FAIR MARKET VALUE OR NOT. WE'VE GIVEN YOU THAT WE'LL USE COMMERCIALLY REASONABLE EFFORTS TO SELL THE SIGN AND THERE IS A COVENANT OF GOOD FAITH AND FAIR DEALING IN ALL CONTRACTS. SO, IF YOU BELIEVE THAT WE'RE JACKING YOU AROUND AND NOT DOING OUR JOB, YOU CAN SUE U5 AND AND WE'LL BATTLE IT OUT IN COURT WITH OUR EXPERTS. HOWEVER, WE'RE NOT GOING TO INCENTIVIZE YOU TO DO SO BY GOING ANY FUTHER THAN WHAT WE'VE AGREED TO TO (AND YOU AGREED TO THE SAME AS A FAIR RESOLUTION IN OUR LAST CALL) — THAT IS, WE WILL COMMIT IN THE AGREEMENT TO USE COMMERCIALLY REASONABLE EFFORTS TO SELL THE SIGN. PLUS, YOU HAVE THE MINIMUM RENT WHICH WAS SUPPOSED TO OF SETTLED THIS ISSUE MONTHS AGO. If I didn't get an overall good feeling of trust from Joseph & you we would not have gotten this far. However, this contract will extend beyond any of us especially if your company Is ever sold. EXACTLY, THAT'S WHY WE CAN'T HAVE YOU OR YOUR SUCCESSOR HAVING THE RIGHT TO BLOCK THE VISIBILITY TO OUR SIGNS. I find you very reasonable & thus am hopeful that we can sort through these issues. WE ARE AND THAT'S WHY WE'RE SUCCESSFUL AND WE'VE MADE SO MANY DEALS. NEVERTHELESS, FROM TIME TO TIME, WE FIND OTHERS WHO AREN'T SO REASONABLE OR THOSE WHO RELY ON THEIR LEGAL COUNCIL TOO MUCH IN MAKING BUSINESS JUDGEMENTS. IN THOSE aps047's mailbox 717 8/25/2019 Re: 37th CASES, WE'RE NOT AFRAID TO WALK AWAY FROM WHAT OTHERWISE COULD OF BEEN A GREAT DEAL- THE SIEGAL'S BUILDING IN MIAMI IS A PERFECT EXAMPLE. WE'RE DONE THERE AND HAVE SiNCE MOVED OUR PERMIT. i will file the demolishing permit today- the building should be down In about 2-3 weeks, I have started to sign contracts for the construction work & hope to be able to start it in October- which Is pushed up a bit. I mentally committed to this deal a long time ago. i CAN ONLY ASSUME THAT YOU'RE MARCHING FORWARD BECAUSE YOUR DEVELOPMENT MAKES FINANCIAL SENSE WITHOUT THE WALLSIGNS — WE'VE NEVER HAD A DEAL AND DEFINITELY DON'T HAVE ONE NOW. NEVERTHELESS, GIVEN THAT YOU'RE ABOUTTO SPEND A BUNCH MORE MONEY, I WOULD BE REMISS iF I DIDN'T MAKE IT ABUNDANTLY CLEAR THAT GIVEN THE CURRENT SITUATION, WE ARE HEREBY INFORMING YOU THAT THIS POTENTIAL DEAL AND OUR TEMPORARY LEASE WITH YOU ARE HEREBY TERMINATED. IF YOU MOVE FORWARD ON YOUR DEMOLITION AND CONSTRUCTION, YOU DO 50 AT YOUR OWN RISK AND WITHOUT US iN TOW. BY COPY OF THIS E-MAIL", i'M ASKING ROBERT TO DRAFT A FORMALTERMiNATION OF OUR TEMPORARY LEASE WITH YOU AS WE WILL BE MOVING OUR PERMIT ELSEWHERE. JOEY HAS ALREADY STARTED REACHING OUT TO THE OTHER MIAMI AREA DEVELOPERS WHO HAVE EXPRESSED AN INTEREST IN DOING THIS KIND OF DEAL WITH US. HE WILL BE FLYING TO MIAMI IN THE NEXT COUPLE OF DAYS TO BEGIN THOSE NEGOTIATIONS. i WISH YOU ALL THE BEST IN YOUR ENDEAVORS, NARK Regards, PS Sent from my iPhone On Aug 11, 2016, at 9:35 PM, Mark Becker ambeckert beckerboards,com> wrote: Hi Phillip and Derek: Joey and Robert forwarded your recent a -mails to me and we've talked about them at length internally. We can see that you're frustrated. However, I can assure you that we're at our wits end on this deal as well. Thus, the need for this e-mail. This deal Is and was a perpetual easement deal from day one partially due to the fact that we werewilling to tie up 2 of our permits for a very long time, and at a huge opportunity cost, while Phillip designed and built the building. It bothers us that you'd even suggest (as Phillip did In his email earlier today) that we switch to a lease deal now since the perpetual easement structure was so fundamental to our negotiations and our willingness to do a deal on an unbuilt building. I've sat idly by for the most part while these negotiations have gone on and an. Although you may disagree, there are three new and/or changed fundamental deal points that you're asking us to acquiesce to, namely, (1) rights to terminate the easement, (2) a right to block the visibility of one or both of the murals, and (3) a contractual right to sue us if you feel that we're not selling the signs for fair market value. By the way, we haven't even read the Purchase Agreement and there are many other smaller issues in the Perpetual Easement that I'm not addressing at this time. %. As far as the "termination rights" go, I have personally said this directly to Phillip since the beginning (and I'm sure that Joey has reiterated It multiple times) but we have been negotiating for the purchase of a perpetual easement, which is akin to a deed granting us an interest in real property . As such, once we buy it, you will not and should not have the right to terminate it by contract. Not to beat a dead horse with this example, but once you deed the house to someone, the house is theirs even if you're going to share in the upside on rental income. Nevertheless, you will have all your remedies available to you at Taw and in equity If there is a breach of your agreement with the homeowner. In other words, you can sue us for damages for breach at any time and at some point a court could rule that termination of the perpetual easement is the appropriate remedy. The same is true In reverse, If you were to do something to deprive ops047's mailbox 3J7 Exhibit 7 CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Julia D. Cerrato, Assistant Director, Office of Zoning ROM: Daniel S. Goldberg, Assistant City Attorney �. DATE: December 7, 2018 RE: Mural Permit Matter ID No,: 18-3037 You have asked whether a mural permit complies with Chapter 62 if its visibility is diminished by another building or if the building upon which the mural was permitted is demolished. ANALYSIS The City's mural program is governed by Chapter 62, Article XIII, Division 5 of the Code of the City of Miami ("City Code"). That portion of the City Code is intended to regulate murals in accordance with the agreements between the Florida Department of Transportation, the Federal Highway Administration, and the City regarding customary use of signage control which were adopted by resolutions 14-0024 and 14-0025, adopted January 23, 2014.1 4 mural is defined as: [A] painting or artistic work (including collage effects) composed of pictures or arrangements of color which has a limited commercial sponsorship message, advertises a commercial product and which is tirade directly onto, projected onto or attached to a building or a wall? [emphasis added] For bath the issuance of new mural permits and relocation of existing mural permits, certain spacing, zoning, size, and aesthetic criteria must be met.3 While the criteria include which side of a state highway or street a mural is oriented towards, visibility is not discussed. "Oriented" is undefined in the City Code. Therefore, we must rely on the plain English definition as a guide.4 Webster's Dictionary defines "orient" as "to place with regard to points on the compass" or "to turn or guide in a specified direction". For murals with diminished visibility caused by subsequent construction, such murals would remain in compliance with the pertinent portions of the City Code because there is no requirement 1 Section 62-601, City Code. 2 Section 62-602, City Code. 3 See Section 62-606, City Code (listing the criteria for issuance of a new mural permit). See also Section 62- 609(b)(2), City Code (providing that, inter alia, a location change for an existing mural permit trust comply with the criteria for a newly issued permit). 4 See School Bd. ofPalm Beach County v, Survivors Charter Schools, Inc., 3 So, 2d 1220 (Fla. 2009) (providing that where a word in a statute is undefined it is appropriate to refer to dictionary definitions to ascertain the meaning of the word). 1082363 4 that they be physically able to be seen.5 In other words, they could still be oriented towards a state highway or street, as permitted, while not being visible. For mural permits for structures that have been demolished, such mural permits would be out of compliance only if they are not relocated prior to the demolition of the structure to which they are attached.6 One of the requirements for a mural is that it "be placed only on walls."7 Walls are "the exterior surface of a building capable of being occupied, including surfaces free of windows or devoid of occupants behind the area where the mural is to be placed."8 If a building upon which a mural is permitted is demolished, then it is no longer capable of occupancy and whichever building face the mural is permitted to be erected upon is n.o longer a compliant wall pursuant to Chapter 62. Because Chapter 62 requires "[s]trict compliance, . . during the term. of the mural permit —"5', such a mural permit would not be in compliance unless relocated prior to such occurrence. CONCLUSION A mural which has its visibility diminished remains in compliance with Chapter 62 and remains oriented toward whichever side of a state highway or street for which it was permitted. A mural permitted for a property with a demolished structure is out of compliance upon. demolition unless the mural receives a location change approval priorto the demolition of the structure. However, this should not be construed as altering the use of a visibility analysis to determine to which particular state highway or street a mural is oriented toward. Enclosure(s) 5 While having no effect on the mural's compliance, diminished visibility by subsequent construction would, assuming all other prerequisites are met, entitle the mural permit to have its location changed. Section 62- 609(b)(1)(c), City Code. 6 See Section 62-609(b)(1)(b), City Code (assuming all other prerequisites are met, entitling a mural permit to be relocated if the structure upon which it is located "is demolished, sold, destroyed, or renovated.,"), 7 Section 62-606(9), City Code. a Section 62-602, City Code. 9 Section 62-601, City Code. 1082363 Exhibit 8 A FF'1LA VIT I Location Change t STATE OF FLORIDA tS: COUNTY 01 M1A 1I-I)A1)I. 1 BEFORE tilE. the undersigned authorit; . perswnalit appeared iatk D. Becker t"Alliant"t. ttho being by me tiro dull) sorn. dept« ei mid sa}sus Poll„ns: 1. Alliant is ;itanaging. Ntother ,'I' (iarren Doelopment. 1 LE'., as Arizona IhniteJ 1i.1{+i1it} camp;ut,.. the sole managing member or Recker boards \liatni. 1 L('.. an Arizona limped Iiahilit) comp:ur... ("Becker Boards"l: and u hich pemtits located at 400 3. Special Permit Becker Boards i, the leaser under that certain Lease Agreement a ith (It) of llianti I "Lease") Becker 13o►ards to displa> aJseni,ing murals on the north and %test uull of the prnrert� `\\' 2 Atci tic :'4 jmi. FL 331111 1"%Bull Location"): and Becker Boards is the holder of permission the - Cis) of Miami I"Cie)•"t to hate a Class I issued tier the 15-0r102 Wall Location ("Mural Perrin: and 4. Becker Board> has submitted a Location Change Application for approval h� the Cit.. hoard on "cause" as defined in Section ft:•GUth hr (Willi: Cit.). Code. and 1hs ha•i' ti,r "cause" i• ikii oleo {.raw !or the 7!4 \%' 37' tit Miami. I'1 ::12' V i1{ I.o:: r;on has hetn.an:ellhN1 due iu circtrnttilanivs not tt it{yin I -c kcr Boards ctmtru _ 1'L'RItTt.R AITI:\`T SAYFTII N01: Signed. sealed and del'tt Bred this STATE OF ARIZONA COUNTY OF A1:\RtCOI'A l 1 1 +J.r) of mow. 2017. Becker Boards Miami. 1.I.0 13, Curren Dedcltipment. LI.0 s \lark D. Becker. \fianaging Menther The Iureijng instrument eta. ackttott [edged hel'ure me h) !dark D. Becker. ,\i:ut:Tint; \[ember or (iarren Detelo pmeut. 1.1 C,. an \rirana limited li.lhilrt; winpam. the sole managing member or Becker Beard, 1liattti. I.LC.. an Arizona limited liaJ?ilit} curnpau�.. alto is percnnall> knutn to rue or has produced .as identification. 1ti'itncs. nt} >ignature and 011ie{41 s0a1 Phi>( It 'day or ;tt�ire.aid. Dow Torry Notary Public . Arizona M ricopa County My Commission Expires Maas 121t19T, MIA 18a939512v2 \titan Puhl{c•State u t Print Nance 2010. in the (°ourrtand State LAW OFFICES or DE EK A. SCHWARTZ, P.A. November29, 2016 Via Email and/or Certified Mari: Hecker Boards Miami, LLC, c/o Robert H. Nagie, Esq. Nagle Law Group, P.C. 4530 E. Shea Boulevard Suite 140 Phoenix, Arizona 85028 With a copy to: Becker Boards Miami, LLC. Mr. Joseph White 4350 E. Camelback Road Suite 8-195 Phoenix, Arizona 85018 Re: 78 NW 37th Street, Miami, Florida 33127 (the "Subject Property") Dear Robert: This law firm _represents Set Midtown LEC, a Florida limited liabilitycoMpany. You are hereby advised that any communications directed at, with or related to the aforementioned party or those affiliated therewith shall only occur through me. As you are aware, we have become familiar with each other over the past year in connection with the discussions between our clients related to a proposed easement agreement on the Subject Property. Unfortunately, for various reasons, those discussions did not amount to a meeting of the minds. The purpose of this letter is twofold: (1) to address the recent threat made by your client; and (2) demand of your client to remove its permit from the Subject Property. With respect to the first purpose above, in a phone call between Joseph White and Phillip Sylvester on November 16, 2016, Mr. White threatened to place a permit on an abutting or adjacent property solely to block and/or frustrate my client's lawful development and use of the Subject Property. It is my understanding that the threat was expressed in a manner substantially similar to the following: "[Uwe do not do this deal together, you realize that i am going to go to one or your neighbors and cut a deal Page i of 2 LA.WOrrtci4OFi)l'.RF.KA.SclnvAR1.7gP.A. 4755 Technology Way, Suite 205,13aca Raton. Fiotitta 334311 Phone 561-981-S039 Fax 361-997.6036 to space you out." I I trust that you are aware this type of predatory behavior, where there is no intent to commercially use the permit for mural advertising purposes, is actionable. If this occurs here, our client has instructed us to immediately file an action on its behalf and seek an award of damages and other relief against your client. For everyone's sake, l hope that such legal action is not necessary. With respect to the second purpose above, this letter shall serve as demand by our client to your client to immediately remove its permit, Permit Number 15-0002, from the Subject Property. On August 12, 2016, your client gave written notice to my client that the Outdoor Advertising Lease Agreement dated October 28, 2015 was terminated. Such notice effectively terminated said lease as of September 12, 2016. Since providing such termination notice, your client has failed to remove its permit from the Subject Property. Demand is hereby made of your client to remove its permit from the Subject Property within 7 days following your receipt of this letter. Please be advised that we have been instructed by our client to pursue all legal actions necessary to enforce its rights and resolve your client's failure to remove the permit. Please kindly advise your client to govern itself accordingly. If you should have any questions regarding this letter, please do not hesitate to call me. Rega rds, ' We have reason to believe, from your client's own admissions, that your client may have used Permit Number 15-0044 for this sauce purpose against District 36. Page 2 01.2 LAW OiiCE'S OF DI REK{A.SCHWARV4 P.A. 4755 "technology Way, Suite 205, Boca Raton, Florida 33431 I Phone 561-981-8089 Fax 561-997-6036 Exhibit 9 Filing # 92649087 E-Filed 07/16/2019 04:00:04 PM rt 4 IN THE CIRCUIT COURT OF THE 11TU JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE couNry, FLORIDA CASE NO.: 18-27467 CA 10 SET MIDTOWN LLC, a Florida limited liability company, Plaintiff v. BECKER BOARDS MIA/vII, LLC, an Arizona limited liability company, Defendant. PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Plaintig Set Midtown LLC ("Set"), pursuant to Fla. R. Ci v. P. 1.190(a), hereby files this Motion for Leave to File Second Amended Complaint. INTRODUCTION Set seeks leave to file a Second Amended Complaint primarily to add a new claim — for common law trespass — and to include additional allegations in support of Set's existing and proposed claims. As explained below, Set easily meets the standard for permitting this amended pleading to go forward and have this case resolved on the merits. Accordingly, pursuant to the liberal standard set forth in the Florida Rules of Civil Procedure, Set seeks leave to file the attached Second Amended Comptaint.1 IA copy of the Second Amended Complaint is attached as Exhibit 1. DIMOND KAPLAN & ROTHSTEIN, P.A. OFFICES AT GRAND BAY PLAZA • 2665 SOUTH BAYSHORE DRIVE • PENTHOUSE 2B MIAMI, FLORIDA 33133 TEL. 305.374.1920 FAX. 305.374.1961 GOVERNING STANDARD OF LAW In accordance with Fla. R. Civ. P.1.190(a), Florida has a liberal pleading policy that allows for the free amendment of pleadings.2 The "refusal to allow amendment of a pleading constitutes an abuse of discretion unless allowing the amendment `would prejudice the opposing party, the privilege to amend has been abused, or amendment would be futile."i3 Indeed, the law is clear that in determining whether to grant Ieave to amend, courts should resolve all doubts in favor of granting leave to file the amendment so that the case may be resolved on its merits.¢ ARGUMENT It is clear that none of the three potential obstacles to permitting amendment applies here. First, there are no grounds to assert that Defendant would be prejudiced by permitting the proposed amendment. To date the parties have only conducted written discovery. No depositions have been taken and the matter has not been set for trial. In short, this case still is in its early stages, and there would thus be no prejudice to the Defendant if the amendment were to be permitted. Second, the proposed amendment would not be futile. Set's original Complaint already withstood Defendant's Motion to Dismiss and, since then, Defendant has answered the subsequently filed First Amended Complaint. Set's proposed additional facts relate to the same subject matter as the original claims, and Set is now asserting a valid and properly pled claim for trespass. Thus the proposed amendment is merely an improved version of a case that is already proceeding on the merits, 2Pangea Produce Distributors, Inc. v. Franco'sProduce, Inc., 2019 WL2843541, at *2 (Fla. 3d DCA July 3, 2019); Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489, 501 (Fla. 4th DCA 200I) ("Leave of court shall be freely given when justice so requires"). 3Pangea Produce, 2019 WL 2843541, at *2. 'See Yun Enterprises, Ltd. v. Graziani, 840 So. 2d 420, 423 (Fla. 5th DCA 2003); Alvarez v. DeAguirre, 395 So. 2d 213, 216 (Fla. 3d DCA 1981). Page 2 of 4 DIMOND KAPLAN & ROTEHSTEIN, P.A. OFFICES AT GRAND BAY PLAZA • 2665 SOUTH BAYSHORE DRIVE • PENTHOUSE 2B • MIAMI, FLORIDA 33133 • TEL. 305.374.1920 FAX. 305.374,1961 to Third, this is Set's first motion for leave to amend, and the proposed amendment is only Set's second amended pleading. The Third DCA's Pangea Produce opinion from earlier this very month makes clear that this cannot constitute an abuse of the privilege to amend.' Based upon the foregoing, there is no question that it would be appropriate under clear Florida law to permit Set leave to file the Second Amended Complaint. WHEREFORE, Set requests that the Court enter an Order granting leave to file the Second Amended Complaint and all such other relief as this Court deems just and proper. Respectfully submitted, By: /s Scott M. Dimond Scott M. Dimond, Esq. Fla. Bar No.: 995762 Primary E-Mail Address Sdimondadkroa.com Secondary E-Mail Address VceballosQdkrua.com DIMOND KAPLAN & ROTHSTEIN, P.A. Offices at Grand Bay Plaza 2665 South Bayshore Drive, PH-2B Miami, Florida 33133 Telephone: (305) 374-1920 Facsimile: (305) 374-1961 Counsel for Plaintiff 'See Pangea Produce, 2019 WL 2843541, at *2 ("There is no support for the notion that Pangea has abused the privilege to amend given that Pangea has only mended twice before."). Page 3 of 4 DIMOND KAPLAN & ROTHSTEIN, P.A. OFFICES AT GRAND BAY PLAZA • 2665 SOUTH BAYSHORE DRIVE • PENTHOUSE 2B • MIAMI, FLORIDA 33133 • TEL. 305,374.1920 FAX. 305,374.1961 CERI IVICATE OF SERVICE WE HEREBY CERTIFY that on July16, 2019, a true and correct copy of the foregoing was filed with the Clerk of Court and served upon: Dana A. Clayton, Esq. Fla. Bar No.: 907758 E-mail: Dana.clayton@akerman.com Jeffrey Pertnoy, Esq. Fla. Bar No.: 091939 E-mail: Jeffrey.pertnoy@akerman.com Secondary Email: Dorothy.matheis®akerman.com Marilyn.herrera@akerman.com AKERMAN LLP Three Brickell City Centre 98 SE 7th Street, Suite 1100 Miami, Florida 33131 Counsel far Defendant By: is Scott M. Dimond Page 4 of 4 Scott M. Dimond DIMOND KAPLAN & ROTHSTEIN, P.A. OFFICES AT GRAND BAY PLAZA 2665 SOUTH BAYSHQRE DRIVE PENTHOUSE 2B MIAMI, FLORIDA 33133 TEL. 305.374.1920 FAX. 305.374.1961 IN THE CIRCUIT COURT OF THE 11" JUDICIAL CIRCUIT IN AND FOR /vIIANII-DADE COUNTY, FLORIDA CASE NO.: 18-27467 CA 10 SET MIDTOWN LLC, a Florida limited liability company, PIaiiitifl v. BECKER BOARDS MIAMI, LLC., an Arizona limited liability company, Defendant. SECOND AMENDED COMPLAINT Plaintiff, Set Midtown LLC (-Set"), hereby files this Second Amended Complaint for Damages and sues Defendant, Becker Boards Miami, LLC ("Becker"). PARTIES, VENUE, AND JURISDICTION 1. This is an action for damages in excess of SI5,000 exclusive of interest, attorneys' fees, and costs, as well as other injunctive reliefand equitable relief. This Court has jurisdiction to adjudicate this matter pursuant to, inter cilia, Article V of the Florida Constitution and Florida Statutes *26.012. 3. Plaintiff Set is a limited liability company organized and existing under the laws of the State of Florida. 4. Defendant Becker is a limited liabili ty company organ ized and existing under the laws of the State of Arizona and registered to transact business in the State of Florida. 5. This Court has personal jurisdiction over Becker pursuant to Florida Statutes 08.193. 6. Pursuant to Florida Statutes *47.011, 47,141, and *47.051, venue in this action is proper in Miami -Dade County, Florida because, inter alia.the causes of action asserted herein arose in Miami -Dade County. Florida. Exhibit 1 7. All conditions precedent to Plaintiff maintaining this action have occurred, have been excused or waived, or have been made impossible by the actions of Defendant. BACKGROUND AND ALLEGATIONS Negotiations Commence Between Becker and Set over a Wall Mural 8, Set is the owner of the real property and improvements thereon located at 78 NW 37th Street, Miami, Florida 33127 (the "Property") 9. Becker is in the business of mural advertising and conducts business in the City of Miami. Becker's mural advertising business is subject to regulation by the City of Miami pursuant to its Code of Ordinances, Chapter 62, Article XIII, Division 5 as it pertains to murals (the "Mural Code"). 10. In mid -year 2015, Set was introduced to Becker by real estate agent Zeke Rosenfeld. 11. Shortly after being introduced, Set and Becker entered into negotiations related to Becker's deploying mural advertising on Set's Property. 12. During October 2015, Set and Becker were engaged in negotiations over the term of Becker's use of theProperty. The primary sticking point in those negotiations was that Becker was demanding that it be given a perpetual easement to advertise on the Property. Set refused to provide such a perpetual easement, which was not customary for deals of the type being discussed. Indeed, term -certain leases — not perpetual easements — are the industry standard in the Miami mural advertising industry. The Short -Term Mural Lease 13. While those long-term negotiations continued, the parties entered into a interim, short-term lease arrangement whereby Becker would be able to conduct mural advertising on the Property for a limited period of time. Page 2 of 18 14. Specifically, on or about October 28, 2015, Set as lessor, and Becker, as lessee, entered into a short-term Outdoor Advertising Lease Agreement (the "Lease") (a copy of the Lease is attached as Exhibit A), 15. The Lease granted Becker the exclusive right to move a mural permit to and conduct mural advertising on the Property, The City of Miami does not allow mural advertising without a permit, and the holder of a permit has the option of placing that permit on a particular building. 16. As such, and in accordance with the Lease, Defendant moved its Miami -Dade Mural Permit No. 15-0002 (the "Permit") to the Property. 17. During the parties' negotiations, Set had disclosed to Becker that Set planned to construct a much larger building on the Property, which would cost Plaintiff well in excess of ten million dollars. An important motivation for Set in constructing that new building was to provide Set with a larger, and thus more profitable, area for mural advertising purposes. 18. Apparently concerned about the new construction, on or about January 6, 2016, Becker inquired with the City of Miami whether Becker's mural permit would lose its spacing rights if the existing building on the Property were to be demolished and a new building were to be constructed (the "January 6th Letter") (a copy of the January 6th Letter is attached as Exhibit B), 19. On or about March 4, 2016, the City of Miami sent a letter responding to Becker, confirming that Becker's mural permit would not lose its spacing rights in the event of demolition (the "March 4th Letter") (a copy of the March 4th Letter is attached as Exhibit C). Becker. Terminates the Lease 20. By the summer of 2016, Set and Becker still had not been able to reach agreement regarding a longer term agreement that would have replaced the Lease with respect to Defendant's mural advertising on the Property. Page 3 of 18 21. As such, on or about August 12, 2016, Hecker gave Set notice that it was electing to terminate the Lease. 22. The Lease provides that such a terminationbecomes effective 30 days following Set's receipt of a notice to terminate. 23. The Lease further provides that "[u]pon the earlier of default of termination of this Lease, Lessee shall vacate the Property and surrender possession of the Leased Premises to Lessor, and Lessee shall remove the Sign from the Leased Premises no later than 15 days following the termination of this Lease.' 24, Accordingly, based on Becker's delivery of notice of termination of the Lease to Set, pursuant to the terms of the Lease Becker was required to vacate and fully surrender possession of the Property to Set no later than on September 27, 2016. The parties intended and understood that to fully surrender possession in the context of a mural advertising lease Becker was required to remove its sign and remove the Permit from the Property; thereby returning to Set the full possession and use of its Property. The Parties' Ongoing Negotiations Stall Over Becker's Demands 25. Subsequent to the termination of the Lease, Becker continued to pursue a deal with Set and continued to insist upon a perpetual easement aver the Property, 26. In addition, Becker also sought development restrictions on Set's neighboring properties, limiting them to a maximum height of 25 feet though zoning rules allow for up to 91 feet. 27. But Set remained firm in its refusal to agree to a permanent easement. Set repeatedly conveyed that to Becker, including in an email that stated, in part: "[rjemember this, 1 dicl not want a perpetual easement, you did. I wanted a long term lease, much more now than at the beginning ... 'Eihibit A at p. 1. Page 4 of 18 so all of these negotiations are to placate YOUR desire not mine." In short, Set was not willing to agree to a perpetual easement or to substantially limit its own development rights. Becker Embarks Upon a Course of Coercive, Illegal Misconduct Expressly Intended to Force Set to Accept its Long Term Easement 28. Motivated by Set's refusal to agree to Becker's terms, and despite its own termination ofthe Lease, Becker embarked upon a campaign to coerce and intimidate Set into accepting Becker's demands. 29. As detailed herein, Becker conducted that campaign via a broad range of illegal means, including breaching its contracts, committing actionable torts, and making misrepresentations to government authorities. 30. First, Becker refused to remove the Permit from Set's Property in violation of the parties' Lease. Thus Becker began its campaign of coercion by using the existing Permit to pressure Set to agree to Becker's terms. 31. And there is no real doubt about Becker's intentions in that regard. Indeed, Becker explicitly threatened to tie up Set's Property until Becker got its way, including via a communication made on or about November 16, 2016. 32. At that time, Becker told Set that if Set would not enter into the perpetual agreement, then Becker would purposefully prevent Set from doing business with any other mural advertising company through whatever means necessary. 33. Jut more succinctly, Becker's President, Joseph White ("Mr. White"), stated to Set's owner Philip Sylvester ("Mr. Sylvester"): "I am going to fuck you. I will make sure you can't do business with anyone else and have to come back to me to put murals on your property. You will then have to sign my deal." Page 5 of 18 34. Becker' s plan to coerce Set into complying with Becker's negotiation demands relied heavily on a rule found in Section 62-606(3) of the Mural Code, which provides; [a) mural shall not be located within 300 feet of another legally permitted mural oriented towards the same side of a street or the State Highway, as applicable. Becker believed that if its Permit remained affixed to the Property then Set would be precluded from contracting with another mural advertising company to monetize the Property. 35. But Becker's coercion did not stop there. Rather, recognizing that tying up the Property by overstaying its Lease was not a sustainable strategy, Becker next threatened to place a permit on a neighboring property that was less than 300 feet from Set's Property. Again, Becker did this solely for the purpose of attempting to block Set from using its Property for mural advertising purposes and thereby force Set into Becker's perpetual easement deal. 36. Nor was Becker subtle about that strategy. Rather, Mr. White explicitly warned Set that Becker was using a similar strategy against the owner of another property located at 3635 NE 1st Avenue, Miami, Florida. 37. Specifically, Mr. White told Set that Becker had placed its Mural Permit No. 15-0044 on a nearby property (located at 93 NE 36th Street, Miami, Florida), thereby leaving the other location with little or no choice but to enter into a deal with Becker. 38. The fact that Becker's placement ofa permit on a nearby property for the purpose of pressuring the other location is evidenced by the fact that Becker's nearby mural was on1y225 square feet large, which was only approximately 7% of the average mural size in the City of Miami.' A mural that small had unsubstantial economic value to Becker aside from its impact on the other location. 'See "Early 2017" Mural List, attached as Exhibit D. Page 6 of 18 39. Becker knew full well that there were only a very limited number of approved mural advertising companies in the City of Miami (approximately seven (7)) that Set could work with for mural advertising. And Becker also knew that Set intended to use the Property and its new building for mural advertising purposes by entering into a new contract with one of those Becker competitors. 40, On November 29, 2016, Set sent a letter to Becker that highlighted Becker's threats and demanded Becker remove its Permit from the Property, Thereafter, Set did not correspond further, believing that Becker had legally removed its permit from the location. 41.In April of2017, Set commenced construction of the new building on its Property and was in the process of negotiating with another mural company, AKOS, for mural advertising on. its West wall. 42. Notwithstanding the terms of the Lease and Set's earlier demands, Becker purposefully had not removed the Permit from the Property until the first quarter of 2018 - almost a year -and -a -half after Becker terminated the Lease. 43, Io March of 2018, Plaintiff received notice from the City of Miami that Becker had applied with the City of Miami to place a different permit ("Mural Permit No, 16-0041") on Set's next -door neighbor, located at 70 NW 37th Street, Miami, Florida 33127 (the "Neighboring Property"). 44. According to the City of Miami, the date of the application for a permit is the date that is taken into account when determining the spacing issues under Section 62-606(3) of the Mural Code. 45. The Neighboring Property is a building less than 300 feet away from Set's Property. Indeed, the two properties share a zero lot line, such that the building on the Neighboring Property 'See November 29, 2016, attached as Exhibit E. Page7of 18 is directly adjacent to Set's Property, with no space in between them. 46, On March 13th, 2018, Becker technically secured the Neighboring Property's 300' mural spacing upon its application to the City to move to that site. 47. Set notified AKOS, the company with which it was negotiating, of the potential spacing conflict caused by Becker's mural permit move upon receiving the notice. 48. At that time, AKOS searched for the most recent Mural location list produced by the City, which was the October 2017 listing, and discovered that contrary to Set's belief, Becker had not moved its permit as of that time.' 49. Becker's refusal to remove its Permit and later shifting a permit to the Neighboring Property had its intended effect, and Set was unable to enter into an agreement with another mural advertising company for that portion of the Property. 50. In August of 2018, Becker received official city approval for the transfer of permit No 16-0041. After receiving approval for the mural relocation :from the City, a physical mural needed to be placed on the approved location within 60 days in order to satisfy the obligations of the Code. 51. But because the Property and the Neighboring Property share a zero lot line, Becker knew that it was unable to actually place a mural on the Neighboring Property without physically trespassing on Set's Property. 52. Undeterred, Becker did exactly that: Becker trespassed on Set's Property so that it could placed a small mural on the Neighboring Property. 53. Prior to Becker's installation of the mural at the Neighboring Property, a construction fence had been erected between Set's Property and the Neighboring Property, with a gap of °See Mural List October 2017, attached as Exhibit F. Page 8 of 18 approximately three (3) feet separating that construction fence and the wall of the building on the Neighboring Property. 54. On or about August 17, 2018, a representative of Becker's hired installation crew asked the construction superintendent of the construction crew at Set's Property if Becker's workers could access the Property to install a mural on the Neighboring Property. The construction superintendent denied Becker's crew access to the Property and the crew leftthe area. 55. But on August 19, 2018, the security company that watches aver the Property informed the construction superintendent that on or around August 18, 2018, a crew of Becker's workers had accessed the Property— without Sees consent, which already had refused access to the Property — for the purpose of installing Becker's wall mural on the Neighboring Property. 56. And there is no doubt that Becker placed that mural on the Neighboring Property for the sole purpose of impeding Set's own mural rights. The Becker mural was not only too small to justify its placement (much as with the similar mural Becker used against the other location at 3635 NE 1st Ave), it was in fact virtually invisible due to the small distance between the neighbor's building and Set's fence. Becker never intended to use the Neighboring Property for financially viable advertising. 57. Rather, Becker's placement of a mural on the Neighboring Property was, quite obviously, intended solely to harm the value of Set's Property in an attempt to duress Set into acquiescing to Becker's terms. 58. Indeed, shortly after securing the spacing rights on the Neighboring Property, Becker instructed the real estate agent Zeke Rosenfeld to yet again see if Set would agree to Becker's desired perpetual easement deal. Page 9 of 18 59. Becker's earlier refusal to remove its Permit from the Property in breach of the Parties' Lease had its intended effect, and Set was unable to enter into an agreement with another mural advertising company for that portion of the Property. Becker Lies to the City of Miami 60. Becker also found itself having to defraud the City of Miami to effectuate its plan to place a new permit on the Neighboring Property in order to defend its actions in its efforts to coerce Set. 61. Specifically, on or about August 21, 2018, Julia Cerrato, the City of Miami's Assistant Director of Zoning and Mural Program Coordinator ("Ms. Cerrato"), sent Mr. White a letter requesting information about the Permit. 62. Ms. Cerrato wanted to know, inter alia, when the Lease was terminated and when the Permit had actually been removed from Set's Property 63. And in response to her question, "When was the lease terminated for 78 NW 37th St.7" Mr. White lied to Ms. Cerrato as follows: The lease was terminated at, or around, September 12, 2016. At some point prior to this date, the building was demolished. That is an important fact because the demolition itself created a condition that would not allow for a new mural permit to be transferred to this site as there was no building to be transferred to.s 64. That was a clear lie on Becker's part; the building had not been demolished prior to September 12, 2016. 65. And the materiality of that lie is evident by Mr. White's own statement that it was a "material fact." It was indeed material, it just wasn't a fact. 'See August 21, 2018 letter from Ms. Cerrato to Mr. White, attached as Exhibit G. 'See email from Mr. White to Ms. Cerrato, attached as Exhibit H. Page 10 of 18 66. In sum, when Becker learned that Set would not accept Becker's demand for a permanent easement on Set's Property, Becker set about coercing Set by, infer alia, breaching the parties' Lease, trespassing on Set's Property for the purpose or placing a mural on the Neighboring Property (a mural with unsubstantial economic value that was hung in breach of the very spirit of the Mural Code and the Miami Dade County Mural Program), and lying to the City of Miami to facilitate the strategy of coercion. 67. That strategy of coercion continues to this day, Becker continues to use the mural on the Neighboring Property to keep Set from monetizing the mural possibilities on its own Property. And Beckerhas continued its intimidation by representing it will collude ;musing the political power of its landlord at 70 NW 37th Street to make sure Set is never allowed to operate in the outdoor advertising industry without a deal with Becker. 68. And Set's losing its share of approximately$100,000 ofpotential mural revenue each and every month, that represents a long term present value loss in excess of$10,000,000, as a result ofBecker's scheme. 69. For its part, Plaintiff has performed each and every obligation required ofit under the Lease and otherwise as it relates to the instant case. 70. And Plaintiff has retained undersigned counsel and must pay for their services. 71. Finally, all conditions precedent to the maintenance of this action have occurred, or have been performed, waived or excused. Page 11 of 18 4 COUNT I (BREACH OF CONTRACI") 72. Plaintiff re -alleges and re -avers paragraphs I through 71 as if fully set forth herein. 73. This is an action by Set against Becker for breach of contract. 74. The Lease is a valid and enforceable contract between Plaintiffand Defendant. 75. Becker breached the Lease by failing to remove the Permit from the Property following Becker's termination of the Lease. 76. That breach was material. Indeed, the entire purpose of the Lease was to give Becker the temporary right to hang its Permit on Set's Property and thereby place a mural When that Lease expired, Becker lost its right to place either the Permit or the mural on Set's Property. As such, the parties intended that both the mural and the Permit would be removed upon the Lease's termination. 77. Plaintiff suffered damages as a result of Defendant's breach of the Lease and failure to remove the Permit from the Property. 78. Plaintiff's damages include but are not limited to, nominal damages, restitutionary damages, and other consequential damages, including the diminution in the value of the Property, 79. The Lease provides that the prevailing party in an action to enforce the Lease is entitled to reasonable attorney's fees and costs. Wherefore, Set demands judgment against Becker for: A. For an award of all damages suffered by Plaintiff as a result of Defendant's breach, including, as applicable, nominal damages, res titutionary damages, and consequential damages; B. For an award of prejudgment interest on amounts due from Defendant to Plaintiff; C. For an award for Plaintiff's reasonable attorneys' fees and costs for pursuing this action pursuant to the Lease; and D. For such other and further relief as this Court deems just and proper. Page 12 of 18 COUNT B[ (TORTIOUS INTERFERENCE Wim ADVANTAGEOUS BUSINESS RELATIONSHIP) 80. Plaintiff re -alleges and re -avers paragraphs 1 through 71 as if fully set forth herein. 81. Becker knew that Set intended to utilize its Property for mural advertising purposes. 82. Becker wanted Set to agree to grant Becker a permanent easement to use the Property for mural advertising. 83, When Set refused that request, Becker embarked upon a campaign of coercion and misconduct intended to prevent Set from monetizing its mural rights by contracting with another mural advertising company. 84. Becker's campaign of coercion included a series of intentional, illegal, bad acts by Becker that constituted independent and intentional legal wrongs, including: (1) Becker's refusal to withdraw the Permit from the Property following the termination of the Lease in breach of the parties' agreement and_in trespass of Set's property rights (2) Becker's trespassing upon Set's Property for the purpose of installing a mural on the Neighboring Property that Becker intended to use to prevent Set's use of its own Property; (3) Becker's misrepresenting the facts surrounding its Permit to the City of Miami in response to the city's inquiries; and (4) Becker's maintaining a mural on the Neighboring Property thathas unsubstantial economic benefit and, indeed Becker's admission that it does not intend to advertise on the west wall of the Neighboring Property, thereby depriving the City or Miami of advertising revenue and violating the spirit of the Mural Code. 85. Becker did all of the forgoing because Set was in the process of, and/or would be entering into, a lease or other agreement for mural advertising on the Property with one of the few other, third -party mural companies operating in the area that had the prospect of affording Set legal or contractual rights (the "Business Relationship"). Page 13 of 18 86. Becker knew of that Business Relationship and intended to interfere with it. 87. Indeed, Becker's intentional interference is also evident in its communications to the City requesting that AKOS 's ability to operate as a Qualified Applicant be appealed and revoked and the single permit that it owns and intended to place on Set's property be taken away and awarded to another qualified Applicant in a lottery. 88. And Becker's misconduct in fact caused Plaintiff to be unable to pursue its prospective advantages under the Business Relationship. As such, Beckertortiously interfered with the Business Relationship. 89. Becker's actions as detailed here were intentional, unjustified, and illegal. 90. Plaintiff has suffered, and continues to suffer, damages as a result of Defendant's tortious interference with the Business Relationship. 91. Indeed, Mural Permit No. 16-0041 is still on the Neighboring Property, and the mural that Becker trespassed upon Set's Property to install still hangs on the West wall of the Neighboring Property. 92. Plaintiff's damages include but are not limited to loss of income and a diminished value of the Property itself..A mural permit in the City of Miami is a valuable asset, some valued in excess of $1,000,000, The City of Miami charges between $48,000 and $120,000 as an annual fee to keep a permit active. A property that comes with the prospect of selling a mural permit is much more valuable that one without that prospect. 93. Moreover, Becker has wrongfully gained profit as a result of the foregoing tortious conduct, and that profit would not have been gained but for such tortious conduct, such that Set is entitled to the restitution and disgorgement of Defendants' wrongfully gained profit. Page 14 of 18 WHEREFORE, Set demands judgment against Becker for: A. all damages suffered byPlaintiffas a result of Defendant' s tortious interference with the Business Relationship, including consequential damages and disgorgement; B. injunctive relief to require Becker to remove the mural from the Neighboring Property and to provide such other equitable relief as is just; C. interest on amounts due from Becker to Set; D. Set's costs for pursuing this action; and E. such other and further relief as this Court deems just and proper. COUNT III (TRESPASS) 94. Plaintiff re -alleges and re -avers paragraphs 1 through 71 as if fully set forth herein. 95. At all times material hereto, Set was the true legal and rightful owner of the Property and was rightfully in possession thereof. 96. Becker repeatedly used Set's Property without having the right or authority to do so. 97. Specifically, on or about August 17, 2018, Becker sent agents and/or employees to the Property to request permission to enter the Property so that Becker could install a mural on the Neighbor's Property. 98. At the time, Set's agent clearly and expressly denied Becker's agents and/or employees the right to access the Property for any purpose. Nor had Set otherwise provided Becker with authority to enter upon the Property at or around that time. 99. But it was later discovered that on or about August 18, 2018, a crew of Becker's agents and/or employees had intentionally returned to the Property after being denied permission to enter, had intentionally entered upon the Property without authority to do so, and had intentionally used Set's Property to install a wall mural on the Neighboring Property. Page 15 of 18 100. Furthermore, Becker failed to remove its Permit from the Set's Property following the termination of the Lease, that is, Becker failed to remove the Permit after Set's consent to hang the Permit on the Property had been withdrawn or terminated. As such, Becker committed a separate trespass against Set's property rights by virtue of the continued presence of the Permit. 101. Becker's unlawful intrusions upon Set's Property as detailed herein were wrongs against Set's right of possession of its Property. Wherefore, Set demands judgment against Becker Defendant for: A. all damages suffered by Set as a result ofBecker's trespass, including, as applicable, nominal damages and compensatory damages; B. injunctive and other equitable relief to prevent Becker from any future trespass and to undo the impact of Becker's prior trespasses; C. interest on amounts due from Becker to Set; D. Set's costs for pursuing this action; and E. such other and further relief as this Court deems just and proper. DEMAND FOR TRIAL BY JURY Set hereby demands trial by jury on all issues to triable. Page 16 of 18 Primary E-Mail Address Secondary E-Mail Address Respectfully submitted, By: /s Scott M. Dimond Scott M. Dimond, Esq. Fla. Bar No.: 995762 SdirriondRdkrpa.com Vceballos(adlapa.com DIMOND KAPLAN & ROTHSTEIN, P.A. Offices at Grand Bay Plaza 2665 South Bayshore Drive, PH-2B Miami, Florida 33133 Telephone: (305) 374-1920 Facsimile: (305) 374-1961 Counsel for Set Page 17 of 18 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on July 2019, a true and correct copy of the foregoing SECOND AMENDED COMPLAINT was filed with the Clerk of Court and served upon: Dana A. Clayton, Esq, Fla. Bar No.: 907758 E-mail: Dana.clayton@akerman.com Jeffrey Pertnoy, Esq. Fla. Bar No.: 091939 E-mail: Jeffrey.pertaoy@akerrnan.com Secondary Email: Dorothylnathels@akerma.n.com Marilyn.herrera@akerman.com MERMAN LLP Three Brickell City Centre 98 SE 7th Street, Suite 1100 Miami, Florida 33131 Counsel for Defendant By: Is Scott M. Dimond Page 18 of 18 Scott M. Dimond 011.1)()OR ADVEltTISING IL kNI. 1GREE:'‘iENT This Lea -se h made and entered "MU te4 SET MIDTOWN. LLC. a Flotitla rimmed liability company ("Lessura and BECKER BOARDS IMIAN11. L.L C . an Arizona limited liability company ("Lesscea as of the - ;16th day of October, 2015 :DM Lessor and Lessee hall include their respective successors and assigns, arid they Mall bc separately referred to as a -party" and celtemivdy as thc "parties WHEREAS, Lessee and Lessor arc currently negotiating the provisions of a perpetual weltsien easement leag-esnadesase-fui the exterior poplar's ,uf the emstine building where the "Sien" (defined below) would installed alit "Pertiestiel Walisien FasementLang-Tenn-Leastr), WHEREAS, the parties desire for Lessee ti? move one of Lessee's mural permits to the existing building on the "Property** ; 'VI (defined trelol In help ensure the entillerneots far i • Sign. and WHEREAs. the parties desire to enter (nun this short-term lease sereement in order to comply with the municipal requirements telated tutlie ArO(PITICillinAvd Innia) permit NOW. THEREFORE, for the sum of Ten Dollars aatl other good and valuable consideration. the sufficiency and receipt of which are hereby acknowledged. Lessor and Lessee aeree as follows: 1.essor lcascs and ETUIS In Lessee the reeks ive right to use the exterior portion of the north fact (the -Lcalsed Premises") or the existing building (the "i3uIldIng-) which ts to d on the Propeny far outdoor advertising purpolea only foilsman. operate and Intintain'ope.advArtiting 'mural (the `Sign) on the Leased Premises, Lessor truly use all other portions of the Property otheethan the Leased Premises for eddy other legal purpose. Lessor also grants Lessee nonexclusive vehicular and pedestrian ingess -arid egress acesSieross the Property lathe Leased Premises. Lessees shall at its cost conatrun, repair, maintain and operate the Sign and pay for all utilities to Ibe Sitp Lessee shall use commercially reasonable and timely effona to move one ar more oflts existing mural pertrut3, to 1h.e Leased I Prern'tsca For perecises of tbi4 the tam wProperti' shall mem the real property and ileprovetnenta located nt 78 NW 37 Stria. Miami. Honda 33127. in Mlamt-Dade Ceuniv. Florida with Falloff B131240211720 The initial term (-ta)tiel Terra-) of this Least shall be thirty (30) calendar days and shall commence on the date on which the hist party tseautes and delivers a fully signed copy of this Least to the other party. This Lease shall automatically renew for successiveOrty 1301 day periods unless °chemise terminated as set forth basin. This Lease may also be terEtinated pursuant to the ppywitnii or Etotida Statute -Section S3 03(3) Nattl,idastaadirie any contituy provision hatie, either party foi any rettson (4'r ne re -on) MO ;MIMIC this Lease on the Cate which is thirty t301 days following the nongerminating patty's receipt of writlenWouce of terreireejoa., nem the .iumuntuing parry. If and attsuch cans the parties eruct Into the-pini,-tosi Walisito EsaernentLe.eret Lena. this I efts(' shall autontatically laminate, If either party breaches a provision of this Leasiand fats to cure the breach fore (5) days following written notice to cure from the norr•breazhing party, then. (a) if the non -breaching pure is Lessor. Lessor may accelerate all anicunts doe to It under this Lease tad seek to recover Mint moat Lessee. and may terminate thLs Lease itld/Of 110111133/4 Lpsee!s'right to pasSession hereunderand pursue any other remedies available under the law; and (b) if the noa-breathing party is Lessee', Lecsee troy seek specific performance of the tams of this Leese or to terminate this WIC Upon the earlier of eletilt or termination- of this Lease. Lessee shell vacate the Property end serrender possession of the Leased Premises to Lessor; and Lessee shall remove the Sign from the Leased Premises no law than fifteen (15) days following the termination of thiS I Pas,. ,Cointrieeeiakon the date the Sign is approved by the municipality(ies), Lesser shall pay to Lcsscr monthly rental payments viola to 40% Of die 'Adjusted Cross Billboard Revenues- defined as nil advertising revenues texeluding any sales tax and any pnnung and/or'paine rescue) received bl Lessee from the Sign awing true immediately preceding appligable calendar month Pr partial calwtdarmonlhless any and all City of Naomi I dr -city-) fees. charges. and payments paid, owed ot attributable raany and all prior periodc the balance of the payments from the agency/advertising company shell be paid to/retained by Lessee for Its services. Ali payments to Lessor shalt be made on or before the 15th clay of each month of the month immediately following t etee's receipt of advertising revenue from the Sign, This, Lease shall inure to the benefit ofad be liinding upon all heirs. personal rtercsentatives. successors and assigns of any party to this Lease Lessee has the sole right to make any necessary applications with, and obtain permits from, the applicable governmental entities for the construction. use. maintenance and removal of uric Sign and any associated structures and lighting. If any action is brought by any poly to this Lease penainine to this Lease.. whether in 3 court. rehinstrion. mediation or otherwise. the rrevailing pang will be entitled to reasonable tutorricy fees and costs 'If anv proviston uf this tease is found to be unenforceable' by a to3v11 Paw] 012 Exhibit A resliturons provision:. of Iles Lease will nescrilietesstromansiiiii isi lull it)fCt! And efftet rhis Lease CO1113105 all the material teens or the agreements bctiKen the ponce it IN expressly unde(stood Mat neither Lessor nor Lessee ia bound by tiny stiputat,ons, fGpfe5C111300ni or agreements total or wnneni not (*warned in this ,Lease Eacn party io the line has been represented by legal counsel nr its own choosing, This Lease will not bc construed for cr merlins! any party 35 a result of this Lease being drafted by one party or its attorney This Lease may only be amended in a writing signed by both parties hereto To the tidiest went permitted by applicable law. Lessor hereby waives any statutory landlord's lien and other lien rights against Lessee's property Lessor understands and age that- (t) the terms of this Lcasc. and until fully permitted N., the total governing authorities. Ihr stnitegies„ procesies. discussions and understandings relating to imstre's permitting efforLi related to the Sign are propncutry and strictly conftdentral, and till Lessee would daniaged by the unauthaitzed disclosure of any stich matters. Therefore. Lessor agrees not to disclose or discuss (oral or written) arty of such minters to any city officials or either tliird partyties) unless necessary to transfer L455CIAS mural permit to the Leased Premises All notices must tte in writing and sent or celiseled by e.mail0 certified mail. Mum receipt requested. or private ;miner. to the parties at then addresses lei fun h herein. or such ether addresses as the party to receive the notices sPecifie3 in writing to the other part) Notice' ern by certified snail or pri‘ate courier all) be deemed received on the ate actually reeenect or tint refused for delivery mail and notice given by personal delivery shall be deemed received on the date Of delivery, A party may Change its address for the receipt of notices by giving a written natien,of such change to the other party in the manner 3pr:sifted glove for giving ar notices, The taws of the State of Florida shall govern the validily. performance and enforcement of this Lease, without regard to any conflict pilaw riiceipals to thetontran LESSSOFt: LESSEE. BECKER BOARDS MIAML LLC an Aritona limited 'ability comPan ' Sisnature h- TVIime4 Name •t--.1 .1%1-44 Title. / Address: 435 elback Rd Suite B.95 Phoenix. AZ 8,5018, January 6, 201S City of Miami 1916 S Gilbert Rd Miami, PL 30000( Attn: xxxx RE: Mural Interpretation Mr. 'oocx I A mural permit is legally placed on an existing building. The property owner is developing a new building on the same parcel and plans to demolition the building the sign is legally placed on and later plans to relocate the same mural permit to the new building when it is complete. Please confirm that the mural permit will retain its spacing rights that were previously in place while the building has been demolished. Sincerely, -44 Joseph White Cc: Phillip Sylvester a Exhibit DANIEL J. ALFONSO c ty Manager March 4, 2016 Joseph White,_ President Becher Boards 2200 Northeast 33"1 Avenue, Suite 6D Fort Lauderdale, Florida 33305 Ret Murk interpretation - 78 Northwest 37'Street Deer Mr. White: As.per the enclosed inter nnl cmails between Victoria Mendez, City Attorneys andMnandtt Quirks at Alp City of lvtiami,— ()Mee of the City Attorney, dated January41 1 M 6 and ja nwy 1212016, adetermination has been' made that the above -referenced biilbottrdlaiural.Stays with thepropery at the u ve-referenced address. The mural permit will retain its p spading sghu -"that tivere previously inplucc; even attcr the building is demolished, Sincerely, \ Devia Ce, jas ° ' Acting Zoning Admi.ut, Pt s\•INI.. 1NO Difc• Wimki+•*. ,,,dla ,'z'., y .y t=.'� �.•a m,tn. _-,}E it; eke Artie, .Y13:,�tt�.,-ak;.d0 itsi..,'t.,'� • tt�•e: • 0r:d;E ,, 1;9:04 Moan, Fifa:da S i.133-I]:;tH Exhibit c MIIRA! MT )nh, / I. 1 Exhibit D MURAL LIST 2017 No. Permit Haider 40 Trilogic 41 42 43 44 45 District 2 Triiogic 2 Triiogic 2 Worldwide Rush 2 Worldwide Rush 5 Worldwide Rush 5 Mural Permit No. 15-0218 15-0038 15-0042 15-0046 14-0219 15-0043 Address 226 NE 1 Ave 150 5E 2 Ave 14NE1Ave 1040 Biscayne Blvd. 3650 N. Miami Ave 3620 NE Miami Pi Size Bldg. Pace (sq. ft.) South West West East West East 798.00 4333.50 2457.00 3500,00 NOTES: No, 1-relocation from 100 NE38th St. In 05 0B/16 (formerly permit 15-00361 No. 4 - transfer from My Outdoor to BeckerBoordx 6f15 (formerly permit 23.60411 No. 32' - relocation from .1236 N. Mont lAve. East face 08/16 (f orntedy permit 08-0216) 2 1190.00 1610,00 I. liC i . 1 1( A.. ( r \,ST A 1','r:l z , P.A. Noveniber29, 2016 Via Email and/or Certified Mails Becker Boards Miami, L.L.C. c/o Robert H. Nagle, Esq. Nagle Law Group, P.C. 4530 E. Shea Boulevard Suite 3.40 Phoenisr, Arizona 85022 With a copy to: Becker Boards Miami, LLC. Mr. Joseph White 4350 E. Cam elback Road Suite B-i95 Phoenix, Arizona 85018 Re: 78NW 37thStreett Miami, Florida 33127 (the "Subject Property') Dear Robert: Tiiis law firm .represents Set Midtown LLC, a Florida limited Iiahility'company. You are hereby advised that any communications directed at, with or related to the aforementioned party or those affiliated therewith shall only occur through me. As you are aware, we have become familiar with each other aver the past yeariri connection vrith the discussions between our clients related to a proposed easement agreement on the Subject Property. Unfortunately, for various reasons. those discussions did not amount to a meeting of the minds. The purpose of this letter is twofold: (1) to address the recent threat made by your client; and (2) demand of your client to remove its permit from the Subject Property. With respect to the first purpose above, in a phone call between Joseph White and Phillip Sylvester on November 16, 2016, Mr. White threatened to place a permit on an abutting or adjacent property solely to block and/or frustrate my client's lawful development and use of the Subject Property. ft is my understanding that the threat was expressed in a manner substantially similar to the Following: "(ijf we do not do this deaf together, you realize that ! am going to go to one or your neighbors and cut a deal ragf, t in 2 i...t+e)t aft «.: >t ill ft,a. A. sett.. 13117., 1`A. l / /I'la•r,c 161 ,'>" ,t14•I!'.:,.', Exhibit E +-r to space you out."x I trust that you are aware this type of predatory behavior, where there is no intent to commercially use the permit for mural advertising purposes, is actionable. If this occurs here, our client has instructed us to immediately file an action on its behalf and seek an award of damages and other relief against your client. For everyone's sake, I hope that such legal action is not necessary. With respect to the second purpose above, this letter shall serve as demand by our client to your client to immediately remove its permit, Permit Number 15-0002, from the Subject Property. On August 12, 2016, your client gave written notice to my client that the Outdoor Advertising Lease Agreement dated October 28, 2015 was terminated. Such notice effectively terminated said lease as of September 12, 2016. Since providing such termination notice, your client has failed to remove its permit from the Subject Property, Demand is hereby made of your client to remove Its permit from the Subject Property within 7 days fallowing your receipt of this letter. Please be advised that we have been instructed by our client to pursue ell legal actions necessary to enforce its rights and resolve your ciient'sfailure to remove the permit. Please kindly -advise your client to govern itself accordingly. Ifyou should have any questions regarding this letter, please do not hesitate to call me. Regards, ' wa have reason to believe, from your chenes own admissions, that your client may have used Permit Number 1541044 For this same purpose against District t; . I •cl i' el 2. t tit 1 fa 1 cf "•E 1! 111 1:1.:, t. Si 7+ki.,tiu , 1°.a. 1755 'rc c l+nulul;y ' V sy Ju11G A0. 410 01 lCurtt, 1 1taN)a i.i r I I 1 1c 4u' i!i I -gn l •RQC9 Fax Su 1 (VT LD.;f MURAL LIST OCTOBER 2017 No. Permit Holder District Mural Permit No. Address Bldg. Face Size (sq. ft.) 1 Becker Boards 2 16-0036 200 SE 3rd Ave. NE Wrap 4592 2 Becker Boards 2 17-0044 3635 NE 1st Ave West 3195 3 Becker Boards 5 15-0002 78 NW 37 St North 300 4 Becker Boards 3 16-0041 640 SW 2nd Ave East 4000 5 City Outdoor 5 08-0158 111 SW 3rd St NW 3687.5 6 City Outdoor 3 08-0161 640 SW 2nd Ave West 6500 7 Outfront Media 5 14-0101 275 NW 2 St North 3000 8 Outfront Media 5 15-0039 275 NW 2St South 2875 9 Outfront Media 2 08-0104. 100 N Biscayne North 6431 10 Outfront Media 5 10-0001 200 NW 1st St South 2920 11 Outfront Media 2 08-0115 1040 Biscayne Blvd West 4000 12 Outfront Media 5 14-0099 340 W. Flagler St North 1320 13 Outfront Media 5 16-0100 123 SW North River Dr. NE Wrap 7560 14 Outfront Media 2 10-0053 900 Biscayne Blvd West 9960 15 Outfront Media 5 14-0101 701 NW 1 Ct West 9425 16 Outfront Media 2 09-0012 1236 N Miami Ave East 1500 17 Outfront Media 2 16-0116 245 NE 14th St. East 7200 18 Outfront Media 2 08-0113 200 SE 1st St South 2228 19 Outfront Media 2 09-0123 888 Biscayne Blvd South 8456 20 Outfront Media 5 11-0001 444 SW 2 Avenue West 3000.4 21 Outfront Media 5 08-0127 1360 NW 1 Ct SW 3364.88 22 Outfront Media 2 10-0029 1100 Biscayne Blvd North 7200 23 Outfront Media 2 11-0002 1100 Biscayne. Blvd West 3780 24 Outfront Media 2 11-0003 1311 NW 10 Ave East 1288 25 Outfront Media 2 11-0004 1311 NW 10 Ave West 2470 26 Outfront Media 2 08-0117 3601 N Federal Hwy West 1500 1 11 it F MURAL LIST OCTOBER 2017 No. Permit Holder District Mural Permit No. Address Bldg. Face Size (sq. ft.) 27 Outfront Media 2 08-0118 3601 N Federal Hwy East 1500 28 Outfront Media 5 10-0138 3704 NE 2nd Ave SE 2200 29 Outfront Media 5 08-0153 33 SW 2nd Ave SW 6400 30 Outfront Media 2 14-0097 1110 NE 1 Ave NW Wrap 4914 31 Outfront Media 3 16-0119 145 SW 8th Street West 3200 32 Pearl Media 1 15-0090 1050 NW 14 St South 7550 33 Pearl Media 5 11-0005 • 1011 NW Sunnybrook Dr West 7074 34 Pearl Media 5 12-0001 1021 NW Sunnybrook Dr East 5328 35 Pearl Media 5 13-0001 1603 NW 7th Avenue East 3234 36 Pearl Media 3 15-0045 144 SW 8 Street East 2660 37 Pearl Media 1 15-0037 1050 NW 14St East 1707 38 Trilogic 2 09-0096 1334 N Miami Ave SW Wrap 8145 39 Trilogic 5 11-0006_ 2 NE 40 Street South 1921.5 40 NTWW, LLC 2 15-0046 1040 Biscayne Blvd. East 3500 41 NTWW, LLC 5 14-0219 3650 N. Miami Ave West 1190 42 NTWW, LLC 5 15-0043 3620 NE Miami PI East 1610 43 NTWW, LLC 1 17-0218 1453 NW 9th Ave East 8040 44 NTWW, LLC 1 17-0038 1453 NW 9th Ave West 9360 45 NTWW, LLC 1 17-0042 1150 NW 14th St East 9000 NOTES: #3 pending location change to 400 NW 2"d Avenue #6 pending transfer to NTWW, LLC fka WWRAM 111E pending location change to 150 SE2"d Avenue 2 ElviittO T. COI\ ZAI.EZ., P11-11 C14 man.lger August 21,2018 Joseph Whit,: Docker Boards Ntianti, LLC 4)00 Discaytiz Blvd 450; Ft. 33137 RE: Mural Permit is..000.1 on 73 't,vt,v 37th St, Doer M. ‘Voitc° The purpose of this 1,:itcr is to request flionnation relati . e to Mural Perin t 4,15-000.7. on 78 iti).1. 37''St. Concerns havo beon misod togordinitt your abi lir) to post on that site beyond Scptatither 12, 2016. To assist us in addressing tho:ie cencerus ploasc provide the information Nquested bolow, )-) When wo tit*: ilwr 78 NM '7714St'1 21 When vas the mural reinoNed from the site? ;) Are you able to pttivid,:t City documouation for tim period rowritm September t 2, 2016 lute! June 28. 2017 thot shows. contra/ of t.ic subject sitz? If .so, please pro% Me the requested information, Please provide the requested information In, Atkzust 28, 2018 assist us in addressing these cotioorrs .and CTI5116111.-1)0UN COrEpliance ith section 62-604 oleic City of Miami Co& of Ordinances. - Shontd )00 require fartherotarification, you may contact ntc ar (305) 416,148. Sineer:*,, frills fa. Assistant 1irectoriif2Z)ninz:t and Murat ProQram Caordinator or.cio of. 21')NiNC, s.: froy IllxklA 131 30 , 105, 1111-14Ti FA 1 li1 4 f'..-7! 1 v_41.1-% f'0. 6,11 !111711 Miriuf 3;2.1143703 Exhibit Forwarded message - From: Joseph White iwhite@beckerboards.com5' To: "Cerrato, Julia" ‹JCerrato@miamigov.com> Cc: Jose Felix Diaz <Diaz@ballardll.com>, "wesley.hevia@akerman.com" .-wesleyhevia@akerman.com>, "dana.claytonCgakerman,oam" ‹dana.clayton@akerman.com›, Mark Becker <mbecker@beckerboards.com>, "Casamayor, Fernando" •FCasamayor©miamigov,com>, "lhekwaba, Nzeribe" <Nlhekwaba@miamigov,com> Bcc: Date: Tue, 28 Aug 2018 22:05:30 +0000 Subject Becker Boards Response - Mural Permit # 15-0002 on 78 NW 37th St. Hi Julia, In response to your letter dated August 21, 2018 in which information was requested, here is our response: I) When was the lease terminated for 78 NW 37th St.? The lease was terminated at, or around, September 12, 2016. At some point prior to this date, the building was demolished. That is an important fact because the demolition itself created a condition that would not allow for a new mural permit to be transferred to this site as there was no building to be transferred to. 2) When was the mural removed from the site? We were approved to transfer the mural permit # 15-0002 to the City of Miami's Police Parking garage on January 8, 2018. 3) Are you able to provide the City documentation for the period covering September 12, 2016 and June 28, 2017 that shows control of the subject site? If so, please provide the requested information. We do not have any such documentation nor is this a requirement as set forth in the Sec, 62-604 which is the section cited in the letter. This referred to section involves requirements in order for the city to transfer the mural permit to a new location, Please let me know if you have any additional questions regarding this communication. Sincerely, Joseph White President Becker Boards Office 602 312-7990 j Fax 602 368-4358 Exhibit H of 3 9/20118. II:08 AM Los Angeles I Miami I Phoenix I San Francisco 3 attachments \ s '04 * 11C11H 111' ATED issig 1:611 co vtP,'-t image001.gif 14K Letter - Becker Boards 78 NW 37th St.pdf 294K D noname.eml 440K 3 of 3 9/20/18, 11:08 AM Tit EMILIO T. GONZALEZ, PhD. City Manager August 21, 2018 Joseph White Becker Boards Miami, LLC 900 Biscayne Blvd #503 Miami, FL 33137 RE: Mural Penn it #15-0002 on 78 NW 37th St. Dear Mr. White: The purpose of this letter is to request information relative to Mural Permit #15-0002 on 78 NW 37'h St, Concerns have been raised regarding your ability to post on that site beyond September 12, 2016. To assist us in addressing those concerns please provide the information requested below. 1) When was the lease terminated -for 78 NW 37th St? 2) When was the mural removed from the site? 3) Are you able to provide the City documentation for the period covering September 12, 2016 and June 28, 2017 that shows control of the subject site? If so, please provide the requested information. Please provide the requested information by August 28, 2018 to assist us in addressing these concerns and ensuring your compliance with section 62-604 of the City of Miami Code of Ordinances. Should you require further clarification, you may contact me at (305) 416-1488. errs irectorofZoning and Mural Program Coordinator OFFICE OF ZONING 444 S.W. 2nd Avenue, 41h Floor/Miami, Florida 33130/ Phone: (3051416-1499 Fax (305) 416-2156 Mailing Address: P.O. Box 3)0708 Miami, Florida 33233.070B Exhibit 10 Elise Holtzman Gerson From: Javier F. Aviti i Sent: Thursday, September 26, 2019 9:33 AM To: Elise Holtzman Gerson Subject: FW: MEETING BETWEEN BECKER BOARDS AND SET MIDTOWN, LLC Javier F, Avifi6 Practice Group Leader, Land Development & Government Relations Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 Tel: 305.350.7202 Direct Fax:305.351.2275 Email: javino@bilzin.com www.bilzin.com ---Original Message From: Joseph White <jwhite@beckerboards.com> Sent: Wednesday, September 18, 201912:44 PM To: Francois lllas<fillas@strategicaccessgroup.com>; diaz@ballardpartners.com Cc: Mark Becker <mbecker@beckerboards.com>; VMendez@miamigov.com; Javier F. Avifib <javino@biizin.com>; Phillip Sylvester <ops047@aol,com>; Barry Rush <barrylrush@me.com>; burin@miamigov.com; Cerrato, Julia <JCerrato@miamigov.com>; Zerry <Nlhekwaba@miarnigov.com>; etgonzalez@miamigov.com Subject: Re: MEETING BETWEEN BECKER BOARDS AND SET MIDTOWN, LLC Francois, We have no interested in meeting with our competitor New Tradition at any time in the future or now so please stop making such a request. We will not counter your offer as your offer was not even considered, In regard to the City Attorneys request of a settlement, which is odd given that this issue is a private matter, is currently in litigation and we are the one being sued. Once the City of Miami rescinds the permit at 78 NW 37th St. clue to the simple fact it doesn't meet the spacing, we will be willing to sit down with the property owner and his legal council, Sincerely, Joseph White President Becker Boards Office 602 312-7990 Fax 602 368-4358 Los Angeles <https://urldefense.proofpoint.com/v2/uri?u=https-3A drive.google.com_open-3Fid- 3D1KCYwygzZ8gmgjhE7ULvAAiSfqF8scK8G-26usp-3Dsharing&d=DwIGaQ&c=CLY3mYJri5FD- 1 KwSVsGhhgXF2LYH1WHOHNIZIFsirJU&r=IbV2WnAIVIzzgdo2Qhv363CRJT2- TSY4Um6s9K4e410&m=c7OxPt4ktRgMqutCpJgMihMBesVHRNS14wfj5e2- THA&s=hNVaUkDZmuvOdldiMzGJzZR6 r4niG7dW16ryulgMfa&e=> I Miami <https://urldefense.proofpoi nt.com/v2/url?u=https-3AAdrive.googie.com_open-3Fid-3D13vX49-2DjOaQ- SFLP8WPc3xdwCjntgTacCQz--26usp-3Dsharing&d=DwIGaQ&c=CLY3mYJri5FD- Kw5VsGhhgXF2LYH1WHOHN1ZIFsIrJU&r=ibV2WnAIVlzzgdo2Qhv363CR1T2- TSY4Um6s9K4e410&m=c7OxPt4ktRgMqutCplgMihMBesVHRNSl4wfj5e2-THA&s=pFDfv- Q6P4hg4kHYc.SUDzsWZ8njo9re0rAsaOup-pCl&e=> I Phoenix <https://urldefense.proofpoint,com/v2/url?u=https- 3A drive.google.com_open-3Fid-3D11k-2Df6v1x9vl-2DrkcCGXtgNi8m1VymRt2t-26usp- 3Dsharing&d=DwIGaQ&c=CLY3mYJriSFD-Kw5VsGhhgXF2LYH1WHOHNIZIFslrJU&r=lbV2WnAlVlzzgdo2Qhv363CRJT2- TSY4Um6s9X4e410&m=c7OxPt4ktRgMqutCpJgMihM8esVHRNS14wfj5eZ- THA&s=4861P_WDaRsOXUMoY dv2GY43kgS91Hwq-Om-hCCug&e=> I San Francisco <https://urldefense proofpaint.com/v2%url?u=https-3A_drive;google.com_open-3Fid-3D1h7VtMPoJ1wGFKiUmSG- 5Fd i78LN4dI8K-5FV-26usp-3Dsharing&d,DwIGaQ&c=CLY3mYJriSFD Kw5VsGhhgXF2LYH1WHOH NIZIFs1rJU&r=ibV2WnAiVlzzgdo2Qhv363CRJT2- TSY4Um6s9K4e410&m=c7OxPt4ktRgMqutCpJgMihMBesVHRNS14wfj5eZ- THA&s=9FhvHnl9aAJgMMBaHkOwlx7LckOLz_brbvM4_713QaM&e=> l Click on a city to view an inventory map(mobile friendly), On 9/18/19, 9:23 AM, "Francois Islas" <fillas@strategicaccessgroup.com> wrote: Pepe, As you know, the City Attorney has asked that we resolve this matter between our clients. (I agree with her. A protracted dispute has the potential of unanticipated consequences that maybe harmful to one or both parties. ) To further that request, I provided you with a proposed settlement, last Thursday, September 12 during the Miami City Commissioner hearing, that would end the pending civil litigation and permit dispute. Regretfully, we have not received a counter proposal from you and your client. I have also suggested, again at the City's behest, that our clients meet in person or by telephone to discuss a reasonable settlement. I reiterate that suggestion, as 1 did during our chance encounter at City Hall as well as our many calls and texts yesterday. My client has advised me that he is available to meet this Thursday or Friday or any day next week. We are also available to meet via telephone as soon as today if that is more convenient for you and your client. Thank you, Francois lllas Tel: (305) 796-6212 (mobile) 2 Note: Annuli Registration Expires on 12/31/2019 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you trust type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT" BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registrationn forms, including active lobbyist registration forms submitted in previous years, remain, up-to-date. (1) Lobbyist Name: Holtzman Gerson, Elise (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES [] NO U (you post check YES or NO) Business Phone: 305-350-2402 Email: egerstanbilzirt.cam Business Address (include Zip Code): 1450 Brickell Ave., 23rd Fir., Miami, FL 33131 (2) Principal Represented: SET Midtown, LLC (Name of corporation, partnership, trust, etc., you are representing) business Address (include Zip Code): 3801 Collins Avenue, 606, Miami Beach, FL 33140 (3) IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE RE'VIE'V THIECTION CAREFULLY, l:f a lobbyist represents a corporation, partnership or trust, the lobbyist mule disclose the game and business address of the chief officer, partner or beneficiary of the corporation, partners rip or tyst, A.n¢ the names and addresses of ail persons holding, directly or indirectly, at least five percent (SYsi(wnership idjrest in said corporation, partnership or trust. Attach separate sheet if needed. If this section knot a licabie You must type or print "None" or "N/A". r-. Phillip Sylvester-3801 Collins Ave, #606, Miami Beach, FL (4) Specific issue associated with lobbying. Describe with al much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2019). Mural permit Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 t Email: clerks@miamigov.com CM-LRF (Rev, 05/19) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". nla Lobbyists, as defined in City Code Section 2-653, shall spay an anneal registration fee of S525.00, plus S105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of. this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. nth, lobbyist *b . Wale slaty (tom Hil t.ttilla.-rxiriptriag or ',lobbyist, sabot for the Moo of tiie Cif Clerk corliSegole of aaapietioiit of as ethics •tee by tits Mira J ido Comity Comaaboloa oa Mks & Public Trost (ftkks Com'rlos"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics eourse shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2.651 through 2-658 of Miami City Code, as amended._ STATE OF Florida COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me this (44-c Signature of Lobbyist r- day of 12IQ4.Q0n erson waking statement) Personally Known: �I OR Produced Identification: ca • ,by Type of Identification Produced: Name of Notary Typed, Printed or Stamped 4xxr,(NOTARY +P { t3G 208272 FOR OFFICE USE ONLY: Check # if WC( C? t 33 Receipt it CM-LRF (Rev. 05/19) Page 2 of 2 Note: Annual Registration Expires on 12/31/2019 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. Tryon have nothing to report in a particular section, you must type or print "None" or "NIA" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED, Important: It is the responsibility of the lobbyist to ensure that all, active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Avino, Javier F. (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc." YES ® NO (van must check,I(ES or NO) Business Phone: 305-350-7202 Email: lavino@bilzin.com Business Address (include Zip Code): 1450 Brickeil Ave., 23rd Fir., Miami, FL 33131 ,,,- -,; 4^3 a. tom.« c..J (2) Principal Represented: SET Midtown, LLC x`= (Name of corporation, partnership, trust, etc., you are representing)" r 3801 Collins Avenue,6- Business Address (include Zip Code): 606, Miami Beach, FL 33140 •M y lµ� 4 (3) IF YOU PROVIDED INFORMATJON IN SECTION 2 ABOVE, PLEASE REVIEW Till$ SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least live percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you roust type or print "None" or "N/A". Phillip Sylvester-3801 Collins Ave, #606, Miami Beach, FL (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2019). Mural permit Page l of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-536 t / Email: clerks©,miamigov.com CM-LRF (Rev. 06/19) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. 1f this section is not applicableiou must type or print "None" or "N/A". n/a Lobbyists, as defined in City Code Section 2-653, ehali pay an annual registration fee of $525.00, plus 5105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shalt be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or !limy section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Emit lobbyist ski% withia,1iaty 4 ) sillitvegislering its a Isbbybt, solos& are li s Ottios dC:tics City Clerk a aeralfl ate of 00111pi434a tut *tidal eo>rr>ia.oahnd by tba loikad.Dambi.Cettoty Cotatitaistiatt Etbia & Pub& 'Dist ("guilts Co" "), Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a Iobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2 Article VI, Sections 2=651 through 2- .58 of the Muni ity Code, as amended. STATE OF Florida COUNTY of Miami -Dade ignature sbbyist =+: Sworn to (or affirmed) and subscribed before me this 4 day of NU A h (Name erson raking statement) SignotiJotary Public Personally Known: `"" 1 OR Produced Identification: 'NO c"') Type of Identification Produced: Name ofNotaryTyped, Printed or Stamped es" Aboyalareasa20.5272 e EgArseLCri24, 2022 'evlr4 ►odeA1U11411karY vfar FOR OFFICE USE ONLY: Check a Receipt $ 33 CM•LRF (Rev. 06/19) Page 2.of2 rdr miami I public hearing notification services Certified lists of property owners within a specific radius + radius maps + mailing labels mailouts + notice of public hearing site posting rdrmiarni.com diona@rdirniami.com I 305.498.1614 December 12, 2019 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: List of property owners within 500 feet of: 70 NW 37 Street, Miami, FL 33127 Total number of labels: 84 I certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Signature Diana B. Rio I RDR Miami I Rio Development Resources Name or Company Name 305,498.1614 Telephone dianaardrmiami.com E-mail OWNER'S NAME(S) 34 STREET INVESTORS LLC C/O ALECO HARALAMBIDES MAILING STREET ADDRESS 3135 SW 3RO AVE CITY MIAMI STATE FL 2IP CODE - 33129 COUNTRY USA FOLIO NUMBER ' 0131250190290 3500 WYNDWOOD CORP 3526 NO MIAMI !AVE MIAMI FL 33127-3112 USA ' 0131250190050 3500 WYNDWOOD CORP 3526 NO MIAMI AVE MIAMI FL 33127-3112 USA ' 0131250190040 3526 WYNDWOOD CORP 3526 NO MIAMI AVEi MIAMI FL 33127-3112 USA 0131250190020 3526 WYNDWOOD CORP 3526 NO MIAMI' AVE MIAMI 33127-3112 USA 0131250190030 36 STREET CORP % NORTON NESIS -PRES- 140 WEST 86 ST APT 4A NEW YORK CITY _FL NY 10024 USA 0131240211590 3650 NORTH MIAMI AVE LLC 58 SOUTH TYSON AVENUE FLORAL PARK NY 11001 USA 0131240211640 3800 N MIAMI AVENUE LLC 10744 RICHMOND PLACE COOPER CITY FL USA ' 0131240211110 3800 N MIAMI AVENUE LLC 10744 RICHMOND PLACE COOPER CITY FL _33026 33026 USA ' 0131240211100 3800 N MIAMI AVENUE LLC 10744 RICHMOND 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maliouts + notice of public hearing site posting rdrmiami.com 1 dicma@rdrmiami.com 305.498.1614 500' RADIUS MAP ST I 195•RAMP I 'US as 70 NW 37 Street, Miami, FL 33127 a December 13, 2019 Page 2 Bilzin Sumberg that the City revoke both, We understand that on November 22, 2019, Becker filed an appeal of Mural Permit 17-0012, located on SET's Property, adjacent to the property for which the Permit was issued. Because this appeal and Becker's appeal are inextricably intertwined, we request that both items be heard together. Please do not hesitate to contact me if you have any questions. Sincerely, r F. Avino JFA Attachments MIAMI 6651793.1 84202/87949 situ of ,rnnri BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 659518 Transaction Date: Dec 13 2019 4:16PM Permit Number: Javier Avino (305)350-7202 FEE SUMMARY Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - APPLICATION/APPEAL MS-533 APPEAL MURAL (PERMIT PROPERTY SPECIFIC OR QUALIFIED APPLICANT) 1.0000 UNITS $800.00 HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - LU POLICY 1.5.4 15.0000 NGH X HRGS $67.50 HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT 2.0000 HEARINGS $9.00 HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS 84.0000 NGH X HRGS $378,00 HEARING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - ADVERTISING 1.0000 UNITS $1,500.00 Total: $2,754.50 Rev, JuI/02/2012 Generated on Dec/13/2019 4:16 PM