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Home My WebLink AboutApplication and Supporting DocumentsCity of Miami Planning Department & Office of Zoning http://www.miamigov.comrplannint http://www.miamigov.comrzaning E-mall: eplanp cr miamigov.com Planning (305) 416-1400 Zoning (305) 416-1495 Special Appearance Application Request Number PZ-23-16064 SUBMITTER INFORMATION Fist Name: Email: Nicholas Last Name: nicholas.barshel@akemun.com Barshel PRIMARY APPLICANT INFORMATION Fist Name: Last Name: Corporation: HOST BISCAYNE BAY LAND LLC Address: 4747 BEfHESDA AVENUE City: Bethseda State: Email: nicholas.barshel@jakennancom Phone: Maryland Tip: (305) 982-5538 20814 PRIMARY OWNER INFORMATION Fist Name: Last Name: Corporation: HOST BISCAYNE BAY LAND LLC Address: 4747 BEfHESDA AVENUE City: Bethseda ceci7ia.tones- toledo@akemiuicom Email: State: Maryland Tip: Phone: (305) 982-5547 20819 PROJECT INFORMATION Project Name: Project Address: City: Master Folio Number. Marriott Biscayne Ballroom 1633 N BAYSHORE DR Miami 0132310360021 State: Florida Unit Number: Tip: 33132 That under the penalty of perjury, I declare that all the information contained in this permit application is accurate to the best of my knowledge. • That NO work or installation w> 1 commence prior to the issuance of a building permit and that all work w> 1 be perfonred to meet the standards of all laws regulating construction and zoning in this jurisdiction • I will, in all respects, perform work in accordance with the scope of the permit, the City of Miami's codes and all other applicable laws, regulations, standard and ordinances. • That all infomiition given will be accurate and that all work w]Il be done in compliance with all applicable laws regulating construction and zoning • That separate permits maybe required unless specifically covered with the submittal of this application. • That there may be additional permits required from other entities. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Permit fees are non-refundable APPLICANT OWNER / OWNER REPRESENTATIVE Fint Nicholas Name: Signature: Date: Last Name: Barshel 1/30/2023 First Name: Signature: Date: Michael Last Name: Rock 1/30/2023 Index of Documents PZ-23-16064: Special Appearance 1633 N. Bayshore Dr. PZD-0 Index of Documents PAP-1 Application PZD-1 LOI PZD-2 Recorded Deed PZD-3 Legal Description as Exhibit "A" PZD-4 Previously Recorded Covenant PZD-5 Intentionally Omitted. Only one folio. PZD-6 Pre-App Summary Report PZD-7 Lien Search PZD-8 1982 Permit Microfilm PZD-9 2010 Permit Microfilm PZD-10 Draft Proposed SECOND AMENDED RESTRICTIVE COVENANT PZD-11 Email Confirmation from Unsafe Structures 40/50 violation application to resolve in review PHO-1 Photos PHO-2 Photos — Existing Patio PZD-30 Affidavit No Monies Due *Hearing Boards documents will be provided prior to public hearing 69548440;1 akerman July 24, 2024 David Snow, Interim Director City of Miami Planning Department 444 SW 2"d Avenue Miami, FL 33130 Nicholas J. Barshel Akerman LLP Three Brickell City Centre 98 SE 7th Street, Suite 1100 Miami, FL 33131 Tel: 305 982 5538 nicholas.barshel@akerman.com RE: Marriot Ballroom and Waterfront Patio -1633 N. Bayshore Drive Special Appearance to Modify Zoning Covenant and Partially Waive a Waterfront Setback (#PZ-23-16064) Dear Mr. Snow, We represent Host Biscayne Bay Land LLC, a subsidiary of Host Hotels & Resorts (herein referred to "Owner"), which owns the Marriot hotel located at 1633 N. Bayshore Drive in the City of Miami ("Property").1 Owner is seeking to improve its hotel amenities with a new waterfront ballroom and event space overlooking Biscayne Bay. At this time, Owner requests a special appearance before the City Commission that is required to authorize this project. On December 13, 2022, we first attended a pre -application meeting for a special appearance with Darren Murphy in the Planning Department. We have since had several meetings with Planning, Zoning, and the City Attorney's Office to discuss this project. All staff feedback has been incorporated into this revised letter of intent and the enclosed documents that are required for this special appearance before the City Commission. Please refer to the provided materials under File Number PZ-23- 16064 where indicated. A. Property Background The Property is approximately 87,472 square feet (2.0 acres) in size and has a Miami 21 zoning designation of T6-368-0. The Property is generally bounded by NE 16th Street to the south, Biscayne Bay to the east, the Grand condominium development to the north and North Bayshore Drive to the west. The Miami Marriott Biscayne Bay Hotel (hereinafter, the "Hotel") The Miami -Dade Property Appraiser tax folio number for the Property is 01-3231-036-0021. 75853156;2 July 24, 2024 Page 2 was built on the Property in 1982. Currently, the Hotel is approximately 858,000 square feet in size and has 600 guestrooms, along with ground floor amenities and a rooftop pool deck. B. Ballroom Project The Owner is seeking to greatly improve its guest experience by constructing a new Hotel ballroom facility with multiple outdoor patio spaces abutting Biscayne Bay, located on the ground floor at the southeast corner of the Property. The additional ballroom space will accommodate increasing guest demand for wedding receptions, baby showers, engagement parties and other similar events at the Hotel. The proposed enclosed ballroom is 4,182 square feet in size. Under Miami 21, the Property is entitled to a Floor Lot Ratio ("FLR") of 22, which would yield a maximum Floor Area of 1,924,384 square feet for the Property. The proposed ballroom expansion project thus complies with maximum building intensity for the Property and all other zoning requirements except for the applicable waterfront setback discussed further herein. Within the proposed ballroom addition, less than half of the floor area (1,198 square feet) is within a 50-foot setback area measured from the bulkhead line at Biscayne Bay, established during original development of the Hotel. However, all of the ballroom will be setback at least 25 feet from the shoreline. The ballroom structure itself features a sleek minimalist design incorporating large glass panels that provide gorgeous views of Biscayne Bay and boats at the neighboring Venetian Marina & Yacht Club. The second floor provides an elevated outdoor terrace where attendees can enjoy a sunset cocktail hour and tranquil breezes before an event downstairs in the ballroom. The enclosed plans present two different seating concepts for this amenity to demonstrate that all types of occupancies and arrangements will comply with life safety and ADA requirements. The Owner is excited to provide guests of the Hotel with this new amenity to celebrate the waterfront in a premier downtown Miami location. C. Waterfront Transformation In conjunction with the proposed ballroom, the Owner is seeking to upgrade a paved outdoor space elevated above the baywalk at the Venetian Marina. The existing space (which is separated by a wall, railing, and stairs from the baywalk) does not feel public nor does it include any places for the public to find shade or sit. The Hotel does not have any obligations to keep this space open to the public for any particular purpose. It now mainly functions as a walkway between the Hotel's indoor restaurant and the Venetian Marina down the stairs. Therefore, this project provides a fantastic opportunity to improve a publicly accessible outdoor space directly on the waterfront. Owner is proposing to install new landscaping, hardscaping, furniture, and lighting improvements at this reimagined outdoor patio. The enclosed plans provide renderings of the type of couches, tables, umbrellas and other improvements that will be installed to make this location much more inviting to the public. In this manner, the outdoor patio will help facilitate the goals and objectives of the Waterfront Design Guidelines in Miami 21, to provide more vibrant and active open spaces along Biscayne Bay in a location that is currently underutilized. 75853156;2 July 24, 2024 Page 3 The new publicly accessible open space will provide City residents and Hotel guests alike with a place to relax and enjoy the impeccable views of Biscayne Bay. The outdoor patio will remain open during the day and only close overnight for safety purposes. In support of this application, Owner is proffering a covenant that obligates the Hotel to keep the outdoor patio open to the public from sunrise to sunset every day. The covenant also ensures that the Hotel will be responsible for the maintenance and security of the outdoor patio at all times. D. Development History The source of this special appearance application is obligations made by the original developer of the Hotel prior to the City's enactment of waterfront setbacks in Section 3(mm)(ii) of the Charter. On June 5, 1972, the City accepted a Restrictive Covenant proffered Florida East Coast Properties, Inc. ("FECI") in connection with its proposed Plaza Venetia development on the Property and surrounding parcels. The Covenant bound FECI to construct the Plaza Venetia project in accordance with certain plans presented to the City Commission on April 20, 1972.2 The master -planned Plaza Venetia project developed by FECI included the Omni mall complex, the Grand condominium, the Hotel, and the marina. See attached Exhibit A for the Covenant. The City originally granted approvals for development of the Grand and the Hotel with a vested 20-foot setback from the shoreline of Biscayne Bay. However, the City later desired to increase the previously approved waterfront setback to 50 feet following the waterfront Charter amendments in 1979. The next year, FECI entered into an agreement with the City to modify the Covenant for this purpose if the Commission approved a variance for additional height on the Grand condominium and the Hotel. See attached Exhibit B for the recorded agreement. As agreed, FECI executed an amendment to the Covenant with the City on February 28, 1980. Pursuant to the Covenant amendment, the previously approved plans were modified to include (i) an updated design for the Grand condominium with increased tower height at 352 feet; and (ii) an updated design for the Hotel with increased tower height at 305 feet. Additionally, the Covenant amendment states that "a 50 foot setback requirement from the shoreline of Biscayne Bay will be observed." To our knowledge, the Covenant amendment remains in effect and is binding on the Owner. See attached Exhibit C for the amendment. E. Covenant Amendment and Setback Waiver Because the proposed ballroom addition at the Hotel extends into the 50-foot waterfront setback area established by the amended Covenant, we must obtain City Commission approval for a second modification to its terms. Although required to maintain a 50-foot setback under the Covenant, the Hotel is exempt from the requirements of Section 3(mm)(ii) in the City Charter. Under Section 3(mm)(iv), that waterfront setback provision does not apply do lands and projects that received approval before 1979, including "Plaza Venetia, Phase 11, Resolution No. 72-113, 2 On April 20, 1972, the City Commission approved multiple items related to the Plaza Venetia project, including a rezoning ordinance on first reading and Resolution Nos. 72-112, 72-113, and 72-114. 75853156;2 July 24, 2024 Page 4 April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972." These Commission actions each relate to the Property and the Hotel specifically. Nevertheless, the Owner is complying with the procedure to waive waterfront setback requirements for the ballroom addition to the Hotel under Subsection 3(mm)(iii) of the Charter, by providing public benefits to be approved by the City Commission. In consideration for this waiver and approval of a 25-foot setback on the ballroom project as shown in the attached plan set, the Owner is proffering public benefits that promote a better urban environment in the form of improvements and upgrades to the existing waterfront patio. The cost of initially furnishing the waterfront patio for the public will be at least $250,000 paid by the Owner, who will then cover all costs of maintaining and securing the area pursuant to the amended Covenant. F. Conclusion The proposed ballroom project will be an exciting new amenity for Hotel guests to host their events while enjoying spectacular bayfront views. The ballroom addition will modernize the look and feel of the existing Hotel plaza fronting Biscayne Bay while providing a greatly enhanced outdoor patio for the public to enjoy, consistent with Miami 21 goals and objectives for the waterfront. The Owner respectfully requests that the Commission approve the attached plans for the project so that we can proceed to permitting and development of the project. On this basis, we are requesting that the Planning Department schedule this application for a special appearance on the next available City Commission agenda to seek Commissioner approval of the Covenant modification and associated waterfront setback waiver for the ballroom project at the Miami Marriott Biscayne Bay Hotel. Sincerely, Nicholas Barshel Enclosures cc: Amber L. Ketterer, Esq. Vickie Toranzo, MHP, MA LIS, Darren Murphy 75853156;2 Prepared by/Return to: Akerman LLP 98 SE 7th Street Suite 1100 Miami, FL 33131 Attn: Susanne Zabloudil First American Title ins. Co. National Commercial Services 420 S. Orange Ave, Suite 250 Orlando, FL 32801 NCS File No. 83534.0 Parcel I.D. No.'s: 01-3231-036-0021; 01-3231- 036-0023; 01-3231-048-0974; 01-3231-048-0975; 01-3231-048-0976; 01-3231-048-0977; CFN: 20170173293 BOOK 30473 PA DATE:03/29/2017 09:05:00 AM DEED DOC 228,000.00 SURTAX 171,000.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY WARRANTY DEED THIS WARRANTY DEED is made and entered into as of the ay of March, 2017, by CASTLE FAMILY LLC, a Hawaii limited liability company, successor by conversion to Castle Family Limited Partnership, a Hawaii limited partnership (the "Grantor"), whose mailing address is 1199 Auloa Road, Kailua, Hawaii 96734, to BISCAYNE BAY LAND EAT, LLC, a Delaware limited liability company (the "Grantee"), whose mailing address is c/o Ryan LLC, PO Box 4900, Scottsdale, Arizona, 85261. Wherever used herein, the terms "Grantor" and "Grantee" shall include all of the parties to this instrument and their successors and assigns. WITNESETH:. GRANTOR, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell, to Grantee, and Grantee's successors and assigns forever, the following property located in Miami -Dade County, Florida (the "Property"), to -wit: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 2017 and subsequent years; (b) easements, conditions, restrictions, matters, limitations and reservations of public record, if any, but this reference shall not operate to reimpose same; and (c) existing zoning ordinances and other restrictions as may be imposed by applicable governmental authority. (41223198;2} CFN: 20170173293 BOOK 30473 PAG TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining to the Property. TO HAVE AND TO HOLD unto Grantee and Grantee's successors and assigns in fee simple forever. In accordance with and pursuant to Florida Statutes 689.02(1), GRANTOR does hereby fully warrant the title to said Property, and will defend the same against the lawful claims of all persons whomsoever. (Remainder of Page Intentionally Blank) (AI,1w1no.11 CFN: 20170173293 BOOK 30473 PAG (Warranty Deed Signature Page) IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: Print Name: slt5(ch ,9feea Print Name: Linda ?. L1e(a►fu • Print Name: S a.47 Print Name: L"'4 ble' CASTLE FAMILY LLC, a Hawaii limited liability company By: Kaneohe Ranch Management Limited, a Hawaii Corporation, its Manager H. Mitchell D' lier, Chairman By: e Carlton K.C. Au, President/CEO CFN: 20170173293 BOOK 30473 PAG STATE OF HAWAII SS. CITY AND COUNTY OF HONOLULU ) On this 23rd day of March, 2017, before me personally appeared H. Mitchell D'Olier and Carlton Au, to me personally known, who, being by me duly sworn or affirmed, did say that they are Chairman and President and CEO, respectively, of KANEOHE RANCH MANAGEMENT LIMITED, a Hawaii corporation, and that the foregoing 5 —page Warranty Deed was signed in behalf of said corporation, as the manager of Castle Family LLC, a Hawaii limited liability company, by authority of said corporation's Board of Directors, and said officers acknowledged said instrument to have been executed as the free act and deed of said corporation, as the manager of said limited liability company. Print T' e: Ju s y G/i1AfA4eA'7)— uerrero Notary Public, State of Hawaii My commission expires 12/18/2017 CFN: 20170173293 BOOK 30473 PAG EXHIBIT A LEGAL DESCRIPTIONS THE SOUTH 172 FEET OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF, TRACT B OF OMNI INTERNATIONAL, PLAT BOOK 102, AT PAGE 3, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE EAST 5.6 FEET THEREOF; AND CB-PLAZA-2, CB-PLAZA-3, CB-PLAZA-4, CB-PLAZA-5, IN THE GRAND, A CONDOMINIUM (F/K/A VENETIA, THE CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM OF VENETIA, THE CONDOMINIUM), DATED MAY 12, 1986, FILED FOR RECORD JUNE 9, 1986 IN OFFICIAL RECORDS BOOK 12917, AT PAGE 280, AS AFFECTED BY THAT CERTAIN CERTIFICATE OF THE DEVELOPER FOR AN AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF VENETIA, THE CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 14321, PAGE 694, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF VENETIA, THE CONDOMINIUM AND TO EXHIBIT "E" TO SAID DECLARATION WHICH IS THE BY LAWS OF VENETIA CONDOMINIUM ASSOCIATION, INC., RECORDED IN OFFICIAL RECORDS BOOK 14490, PAGE 266, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM, AND TO EXHIBIT "E" OF SAID DECLARATION, WHICH IS THE BY LAWS OF THE GRAND CONDOMINIUM ASSOCIATION, INC., RECORDED IN OFFICIAL RECORDS BOOK 14746, PAGE 304, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM, RECORDED IN OFFICIAL RECORDS BOOK 14806, PAGE 2425, AND AS FURTHER AFFECTED BY THAT CERTAIN AFFIDAVIT RECORDED IN OFFICIAL RECORDS BOOK 14884, PAGE 8, AND AS FURTHER AFFECTED BY THAT CERTAIN AFFIDAVIT RECORDED IN OFFICIAL RECORDS BOOK 16007, PAGE 3600, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 16213, PAGE 775, AND AS FURTHER AFFECTED BY THAT CERTAIN RESOLUTION OF THE BOARD OF DIRECTORS OF THE GRAND CONDOMINIUM ASSOCIATION INC. RESCINDING AND TERMINATING CERTIFICATE OF AMENDMENT TO DECLARATION OF CONDOMINIUM OF THE GRAND CONDOMINIUM, A CONDOMINIUM, DATED DECEMBER 7, 1993 RECORDED IN OFFICIAL RECORDS BOOK 27580, PAGE 285, ALL OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND A PORTION AT TRACT "B", OMNI INTERNATIONAL, AS RECORDED IN PLAT BOOK 102, AT PAGE 3, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT "B"; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS WEST ALONG THE WEST BOUNDARY OF SAID TRACT "B" FOR 246.12 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 42 SECONDS EAST ALONG A LINE 172.00 FEET NORTH OF AND PARALLEL TO THE SOUTH BOUNDARY OF SAID TRACT "B" FOR 154.56 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 89 DEGREES 59 MINUTES 42 SECONDS EAST ALONG THE PREVIOUSLY DESCRIBED COURSE FOR 330.28 FEET; THENCE NORTH 1 DEGREE 49 MINUTES 39 SECONDS EAST ALONG A LINE 5.60 FEET WEST OF AND PARALLEL TO THE EAST BOUNDARY OF SAID TRACT "B" FOR 14.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 42 SECONDS WEST ALONG A LINE 186,00 FEET NORTH OF AND PARALLEL TO THE SOUTH BOUNDARY OF SAID TRACT "B" FOR 330.73 FEET; THENCE SOUTH 0 DEGREES 00 MINUTES 18 SECONDS EAST FOR 14.00 FEET TO THE POINT OF BEGINNING. CFN: 20170173293 BOOK 30473 PAG EXHIBIT A LEGAL DESCRIPTIONS THE SOUTH 172 FEET OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF, TRACT B OF OMNI INTERNATIONAL, PLAT BOOK 102, AT PAGE 3, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE EAST 5.6 FEET THEREOF; AND CB-PLAZA-2, CB-PLAZA-3, CB-PLAZA-4, CB-PLAZA-5, IN THE GRAND, A CONDOMINIUM (F/K/A VENETIA, THE CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM OF VENETIA, THE CONDOMINIUM), DATED MAY 12, 1986, FILED FOR RECORD JUNE 9, 1986 IN OFFICIAL RECORDS BOOK 12917, AT PAGE 280, AS AFFECTED BY THAT CERTAIN CERTIFICATE OF THE DEVELOPER FOR AN AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF VENETIA, THE CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 14321, PAGE 694, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF VENETIA, THE CONDOMINIUM AND TO EXHIBIT "E" TO SAID DECLARATION WHICH IS THE BY LAWS OF VENETIA CONDOMINIUM ASSOCIATION, INC., RECORDED IN OFFICIAL RECORDS BOOK 14490, PAGE 266, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM, AND TO EXHIBIT "E" OF SAID DECLARATION, WHICH IS THE BY LAWS OF THE GRAND CONDOMINIUM ASSOCIATION, INC., RECORDED IN OFFICIAL RECORDS BOOK 14746, PAGE 304, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM, RECORDED IN OFFICIAL RECORDS BOOK 14806, PAGE 2425, AND AS FURTHER AFFECTED BY THAT CERTAIN AFFIDAVIT RECORDED IN OFFICIAL RECORDS BOOK 14884, PAGE 8, AND AS FURTHER AFFECTED BY THAT CERTAIN AFFIDAVIT RECORDED IN OFFICIAL RECORDS BOOK 16007, PAGE 3600, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 16213, PAGE 775, AND AS FURTHER AFFECTED BY THAT CERTAIN RESOLUTION OF THE BOARD OF DIRECTORS OF THE GRAND CONDOMINIUM ASSOCIATION INC. RESCINDING AND TERMINATING CERTIFICATE OF AMENDMENT TO DECLARATION OF CONDOMINIUM OF THE GRAND CONDOMINIUM, A CONDOMINIUM, DATED DECEMBER 7, 1993 RECORDED IN OFFICIAL RECORDS BOOK 27580, PAGE 285, ALL OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND A PORTION AT TRACT "B", OMNI INTERNATIONAL, AS RECORDED IN PLAT BOOK 102, AT PAGE 3, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT "B"; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS WEST ALONG THE WEST BOUNDARY OF SAID TRACT "B" FOR 246.12 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 42 SECONDS EAST ALONG A LINE 172.00 FEET NORTH OF AND PARALLEL TO THE SOUTH BOUNDARY OF SAID TRACT "B" FOR 154.56 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 89 DEGREES 59 MINUTES 42 SECONDS EAST ALONG THE PREVIOUSLY DESCRIBED COURSE FOR 330.28 FEET; THENCE NORTH 1 DEGREE 49 MINUTES 39 SECONDS EAST ALONG A LINE 5.60 FEET WEST OF AND PARALLEL TO THE EAST BOUNDARY OF SAID TRACT "B" FOR 14.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 42 SECONDS WEST ALONG A LINE 186,00 FEET NORTH OF AND PARALLEL TO THE SOUTH BOUNDARY OF SAID TRACT "B" FOR 330.73 FEET; THENCE SOUTH 0 DEGREES 00 MINUTES 18 SECONDS EAST FOR 14.00 FEET TO THE POINT OF BEGINNING. • 72R d000E9 '12 S.::F c FMB E 7878 Pc, NG RESTRICTIVE COVENANT COMES NOW FLORIDA EAST COAST PROPERTIES. INC. , a Florida corporation authorised to do business in the State of Florida. f and does hereby made, publish, declare and file the following restrictive covenant in favor of the City of Miami, a municipal corporation and a political subdivision of the State of Florida. WHEREAS. FLORIDA EAST COAST PROPERTIES, INC,. le the owner of the following legally described land: All of Tract "A" of Replat of z portion of the amended plat of Nelson Villa according to the Flat thereof eco rded in Plat Book 56, page 69; and Lots 4, 5, 30 and 31 and that portion of Lots 6 and 29 which lie East of Biscayne Blvd.. of Biscayne Park Addition, according to the Plat thereof recorded in Plat Book 2 at Page Z9 and Lots I and 2 and all of the filled in and bulkhead land lying East of and contiguous to the said Lots 1 and 2, also Lots 3, 3Z. 35, 36, :.I, 30. 39, 40 41, and 42 and all of the unnamed North -South street and that portion of the circular parkway which lies between Lots 3 and 4 North of the North right of way line of N.V. l6 Street and all of the unnamed North -south Street and that portion of the circular parkway which lies between Lots 31 and 32 south of the South Right-of-way line of N.E. 16 Street, all as shown on the AMENDED PLAT OF BISCAYNE PARK ADDITION, according to the Plat thereof. recorded in Plat Book 4. at Page Z2; and Lots 1 and 2. Block "A" and all of the filled in add bulkhead land lying East cf and contiguous to the said Lots I and 2. Lots 3 h 4 Block B. Lot 5 through 10, and that portion of Lot 11 which, lies east of Biscayne Blvd. in Block C. all as ohowr. on the plat of RICE & SULLIVAN SUB. , according to the plat thereof, recorded in Plat Book 4, at Page 64; and Lots 1 1. 2 and that part of the South 20 feet of Lot 3 lying East of the original shore lint of Miramar Plaza. all in the AMENDED PLAT OF MIRAMAR PLAZA, according to the Plat thereof, recorded in,Plat Book 33. at Page l8 and • — - Begin at the SW corner of Lot 1 of AMENDED PLAT OF MIRAMAR PLAZA. Plat Book 33, at Page 18; thence South along the prolongation South of the West line of the said Lot 1. for a dielance of 25" more or less, to the NW corner of Lot 1, Block "A" of RICE 1 SULLIVAN SUB., Plat Book 4, at page 64; thence East along the Book7878/Page266 CFN#19720260069 Page 1 of 5 'Arc 7878 iL 267 North line of Lot 1, Block A of the said Rice it Sullivan Subdivision and its prolongation East, for a distance of 492.96 to the face of an existing concrete bulkhead; thence northerly, along the lace of the said concrete bulkhead for a distance of 2S. more or less, to the intersection thereof with the South hne of Lot 1, of the said AMENDED PLAT OF MIRAMAR PLAZA or its prolongation easterly; thence west, along the south line of Lot 1 of the said AMENDED PLAT OF MIRAMAR PLAZA, fora distance of 493. 65 ft. to the Point of Beginning. All before described in the Public Records of Dade County, Florida, and The Westerly 130' of Lote 1 h 2 and Lots 3. 4, 5, 6 and 7 in Block 14 of THIRD AMENDED PLAT OF MIRAMAR, according to the Plat, as recorded in Plat Book 5. page 4 of the Public Records of Dade County, Florida. and Lot 6, Block 2, Rice & Sullivan Sub.. Plat Book 4, Page 64, ., and Lots 7 through 13 inclusive, in Block 3 of Rice & Sullivan Sub., according to the Plat thereof, recorded in Plat Book 4 at Page 64 of the Public Records of Dade County, Florida. and, WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. has currently applied to the City of Miami, Florida, to construct a multi- million dollar project known ae Plaza Venetia on the land legally desc.lbed above. and WHEREAS. FLORIDA EAST COAST PROPERTIES, INC. desires to develop said land in accordance with certain plans designated tie Plaza Venetia, Miami, Florida. latest revision dated March 31, 1972, Sheets 1 through 8, as prepared by Mr. Joseph Amisano, FAIA, 148 Cain Street. N.E., Atlanta, Georgia 30303, and WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. desires to bind itself to the City of Miami to develop its property substantially in accords,,ce with said plans, and WHEREAS, the City of Miami Florida, a municipal corporation, doss hereby wish tc accept this restrictive covenant on behalf of the City of Miami and deems said restrictive covenant to be is the best interest and general overall welfare of the City of ivtiami for the development of Plaza Venetia _2- Book78781Page267 CFN#19720260069 Page 2 of 5 i (R 1878 Pi 268 described above. NOW, THEREFORE, IT IS HEREBY COVENANTED, CONTRACTED AND AGREED AS FOLLOWS i 1. That FLORIDA EAST COAST PROPERTIES, INC. does hereby cOvenant, agree and binds itself to the City of Miami, a municipal corporation, that it will develop its lands legally described above substantially in accordance with those certain plane designated as Plaza Venetia, Miami, Florida, latest revision dated March 31, 1972, Sheets 1 through 9, as prepared by Mr. Joseph Asisano, PAPA, 149 Cain Sc.reet, W.E., Atlanta, Georgia 30303. 2. That Florida East Coast Properties, Inc. binds itself to act and perform so as to comply with all of its representations end agreements made as shown in the Official Court Reperta-r's Transcript of the City Commission Meeting of April 20, 1972. Item No.36, Concerning the development of Plaza Venetia which includes but is not limited to the agreements ae to the following items A. That Joseph Amisano, FAIA, will continue to be the supervising architect through the completion of the project. B. The sketches, drawings, renderings and models of the Plaza Venetia project made a part oZ the record at the presentation before the City Commission on April 20, 1972, king Item No. 36, dealing with the development of Plaza Venetia, will be substantially complied with. C. That the easement discussed as being maintained for . the a>:'wting property owners et the close of the meeting will be Maintained end Bade a part of the•replat. Book7878/Page268 CFN#19720200069 Page 3 of 5 i e 7878 PT 209 3. That the City of Miami does hereby accept this restrictive covenant and deems same to be in the best interest and overall general welfare of the City of Miami for the development of Plaza Venetia described above. DATED at Miami, Florida, this ay of 1472. Witnesses' FLORIDA PAST COAST PROP RTI$3, INC., a Florida cprporation • . STATE OF FLORIN t • t BSs COUNTY OP DADE Atteett CITY OF MIAMI, £LORXUA, a municipal corporation F los fos aid\{` BEFORE ME, the undersigned authority, personally appeared ra�� 64tta , as President. and 4gyp k� TE#/G C 4)f as Secretary of FLORIDA EAST COAST PROPERTIES, INC., a Florida corporation. and after by me being duly sworn depose end say that they executed the foregoing restrictive covenant for the purposes contained therein. IN WITNESS WHEREOF, 2 have hereunto .at my hand and seal -4- Book7878/Page269 CFN#19720200069 Page 4 of 5 1878 7_ 270 in t' t State and County named above this 1.1 day of May, 1972. Velk t STATE OF FLORIDA i i SS: COUNTY OF DADE 1 N TxARY PUBLIC(/ State of Florida at Large My Commission Expires: `intact• ivldi� Ctu", 4l'ir,•74a Oltt rt'A fly Ccound riou Expires .M1y 10. 1975 BEFORE ME, the undersigned authority, personally appeared M. L. REESE hs gITy CANA(1ER of the City of Miami, Florida, who after by me being first duly sworn, deposes and says that he has executed the acceptance of the foregoing restrictive covenant on behalf of the City of Miami, Florida, for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto ect my hand and seal in the State and County named above, thi• Aay orMeey. 1972. ..e. P' r I APPLIIVgb AS AiArl li. RtYrUST$IN City Attorney c .(,..t1 'r ._.� NOTARY)PUBLIG State of Florida at Large My Comrnisslor. Expires: Pam," PIJ LIC :TAR d rietitu el LAZ rtlr COmraiszion winks MAY !0 l$7m sOmO D TnRovJn ir[D LY. aiLartLmmar TN€SS t THIS t�STRUMENT PREPARED BY ALAN H. ROTHS:EIN, City Attorney, City of Miami Law Department, 65 S. W. First Street., Miami, Florida. ►letlrll Knevt ►'wire iaai N r+x Is,FAi(ita gaff • -5- Book7878/Page270 CFN#19720200069 Page 5 of 5 a 1980 HU 12, PH 1: St sic i 0684. 61727, SCR AGREEMENT THIS AGREEMENT entered into this APOlgiday of February, 1980 ,by and between FLORIDA EAST COAST ?ROPERTIES, INC., a. Florida corpora- tion., and .the CITY OF MIAMI, FLORIDA, a municipal corporation and,a political subdivision of the State of Florida. WHEREAS{ FLORIDA EAST COAST PROPERTIES, INC. is the owner of the property known as Tract B of Omni International, recorded in Plat Book 102, at Page 3 of the Public Records of ❑ade County, Florida; and WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. has received the necessary permission from the CITY OF MIAMI to construct a building on said property which is to be built approximately 20 feet from the shore line of Biscayne Bay; and WHEREAS, the CITY OF MIAMI is desirous to persuade FLORIDA EAST COAST PROPERTIES, INC. to modify its existing plans to allow for a 50 foot setback from the shore line of the aforesaid property and to further modify said plans to allow FLORIDA EAST COAST PROPERTIES, INC. to add additional height to the buildings which have already been ap- proved by the CITY OF MIAMI. NOW, THEREFORE, in consideration of the mutual promises made each to the other, it is hereby covenanted, contracted and agreed as follows: 1. That in order for the above to be accomplished a variance by the CITY OF MIAMI is necessary and FLORIDA EAST COAST PROPERTIES, INC. has agreed to apply to the CITY ❑F MIAMI for said variance. 2_ That it is further agreed between the parties that should said variance not be granted by the CITY OF MIAMI for any reason, or should the variance be granted and not used by FLORIDA EAST COAST PROPERTIES, INC. within the time provided for variances as extended, or not used by FLORIDA EAST COAST PROPERTIES, INC. for any reason, then in that event, FLORIDA EAST.` COAST PROPERTIES, INC. shall be re- quired to revert back to the original permitted and approved structure but without the necessity of securing any additional permits other FLORIDA EAS COAS PROPERTIES, INC., dfi:: a Florida tion 1.,%41. travras ...,s eXPOny PuMic Shtel Per hrge. -:.-",".. --c1-72,-..,,, Ell CziT.MiSSba Expires Sept 13, _,,,c,_ .... v •. .-w . TIBOR OLLO, President enifil .-7' IfIK 10684 r,1728 than those permits originally required for such building as origin- ally approved. 3. That the purpose of this Agreement is to assure FLORIDA EAST COAST PROPERTIES, INC. that tf for any reason it does not decide to actually construct the building of increased height with a 50 foot setback, that it shall be permitted to construct the building which has been previously approved and permitted by the CITY OF MIAMI with- out the necessity of receiving any additional permits or approval from the CITY OF MIAMI. IN WITNESS WHEREOF, the parties hereto have set their hands ..... .134i4thiscZY',day of February, 1980. te,V7-cc,e/ AGREED AND ATTEST: ATTEST: iff“sii-- Secretary ACCEPTED this day of February, 1980. CITY OF MIAMI, FLORIDA, a municipal corporation By RALPH G. ONGIE, CITY CLERK GEO AND CORRECTNErS: CITY ATTORNEY JOSEPH R. GRASSIE, City Manager nicompro t• ECM Deela DI t.ai CS.1,11.f. 111 TEC.PRP .OL if dID RiCLIARD P. BRINKER, CLERK CIRCW7 couRr Exhibit C oHA r2 PH t=44'a](� RE.t 10 Pf, 1 ra9 AMENDED RESTRICTIVE COVENANT 5 COMES NOW FLORIDA EAST COAST PROPERTIES, INC., a -Florida corporation authorized to do business in the State of Florida, and does hereby modify that certain Restrictive Covenant. agreement entered into by FLORIDA EAST COAST PROPERTIES, INC., on the 4th day " of May, 19.72 atgd accepted by the CITY OF IIIAMI on the 19th day of May, 1972 by City Resolution No. 72-226. That said Restrictive Covenant agreement be and the same is hereby modified as follows: 1. Section 2.B. is hereby amended to read: • SCR -69165 The sketches, drawings, renderings and models of the Plaza Venetia Project as appearing on plans stamped "5 February, 1980" by the Planning and Zoning Boards Administration Department are hereby stipulated as constituting a part of the record at the presentation before the City Com- mission on April 20, 1972, being Item No. 36, dealing with the development of Plaza Venetia, will be substantially complied with, except that a 50 foot setback requirement from the shoreline of Biscayne Bay will be observed thereby permit- i.ng a further exception, namely, that said sketches, drawings, renderings and models may be modified by additional plans prepared by Joseph Amisano, the supervising architect of the project, to allow said complex to consist of a hotel tower 305 feet In height and an apartment tower 352 feet in height including parking structure for both towers; all of said structures being located on Tract B of Omni. International, recorded in Plat Book 102, at Page 3 of the Public Records of Dade County, Florida. DATED at Miami, Florida, this l-k,,day of February, 1980, FLORIDA EAST COAST PRj%PERTIES, INC., a Florida cq>rporati WITNESSES: ACCEPTED AND APPROVED this ATTEST: By TIBOR HOLLO, President ATTEST: Secretary y of February, 1980, CITY OF MIAMI, FLORIDA, a municipal corporation By JOSEPH R. GRASSIE, City Manager PH G. ONGIE, CITY CLERK AS TO F .AND CORRECTNESS: OF REC u584 PG1f30 STATE OP FLORIDA ) ss : COUNTY OF DADE BEFORE ME, the undersigned auth9rity,.persona2iy appeared TIBOR HOT,T,0, as President, and ERmawrmisimAy, as Secretary of FLORIDA EAST COAST PROPERTIES, INC., a Florida corporation, and after by me being duly sworn depose and say that they executed the foregoing Restrictive Covenant for the purposes contained therein_ IN WITNESS WHEREOF, I have hereunto set my hand and seal in the state and county named above this ,;' ( day of February, . argmQY. Y1yYYY Notary Public, Stake a 1 a g= My Commission Expires: STATE OF FLORIDA } ss: COUNTY OF DADE f BEFORE ME, the undersigned authority, personally appeared as of the City of Miami, Florida, who after by me being first duly sworn, deposes and says that he has executed t.le acceptance of the foregoing Restrictive Covenant on behalf of the City of Miami, Florida, for the purposes therein contained. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal in the state and county named above, this day of February, 1980. Notary public, State of Florida at Large My Commission Expires: *m q agmimeo* ■* Nal Dior Of Diorr earn. sumo& moony .me in re • RICHARD P. BRINKER, CLERK CIRCUIT COURT City of Miami Planning Department Pre -Application Meeting Summary Pre -Application Meeting ePlan ID.: PREAPP-22-0254 Tuesday, December 13, 2022 General Information Project Manager Name: Darren Murphy Title: Planner II Email: dmurphy@miamigov.com Telephone No: 305-416-1428 Meeting Attendees: Name Email Telephone number Cecilia Torres -Toledo cecilia.torres- toledo@akerman.com 305-494-2624 Nicholas Barschel nicholas.barshel@akerman.com Enter Text About the Propert Property Information: Applicant /Property Owner: BISCAYNE BAY LAND EAT LLC Contact Info: 305-982-5547 Owner Representative: Cecilia Torres -Toledo Contact Info: 305-494-2624 Commission District: D-2 (Commissioner Ken Russell) Neighborhood Service Center (f/k/a NET District): Downtown/Brickell Svc Area Properties involved: 1. 1633 N Bayshore Dr Information to Review for All Applications Do any of the properties involved fall within the following areas? (Select Yes/No) 1. A DRI area: No 3.An Historic designated area: No 5. A High Hazard Area: No 7. A CRA: Yes 9. Miami River: No 11. Little River: 13. Regional Activity Center: Buena Vista Yards or Health District Regional Activity Center (DHRAC): No 2. Urban Central Business District: Yes 4. Residential Density Increase Areas: No 6. Edgewater Intensity Increase Area: No 8. Health/Civic Center District: No 10. Wellfield Protection Area: No 12. An Arch. or Environmental Protected Area: No If the answer to any of the above is yes, consider if there are any special considerations relative to the above. Submitting applications/pre-applications into ePlan. - Be mindful of the City's online checklists. These provide guidance as to specific requirements, especially important administrative requirements for successful applications. Important updates are made from time Rev. 5/19/2021 1 City of Miami Planning Department Pre -Application Meeting Summary to time. Be sure to use the checklists that are accessed online and avoid saving checklists locally so that you avoid relying on outdated information. Become familiar with the naming conventions that are referred to on the checklists. Failure to comply with these naming conventions will significantly delay your application. Use the Pre -Application meeting time to ensure there is clarity on naming conventions. Access information on checklists here: https://www.miamigov.com/Services/Buildinq- Permittinq/Permitting-Forms-Documents About the Request Application Tvne(s) (List All): • Exception ■ Waiver ■ Warrant •Warrant Modification •Variance ■ Special Dist. Permit • Rezone • Special Area Plan • Future Land Use Map Change • Minor Modification ■ Temporary Use on Vac. Land • Interim Parking ■ MUSP Modification ■ Class II Modification Special Appearance • Other, explain Provide brief explanation her€ 1. ipec ai rermit Request Detail Is project expected to involve 200,000 square feet of floor area or more? =choose an item If the answer to the above is yes, this project requires a referral to the Coordinated Review Committee. What are the zoning Transects for the subject project and the approximate area for each Transect? Transect Approximate Area Proposal (Use, Design, Other) * T6-36B-O 4,128 square feet Ballroom/outdoor dining terrace Is there a site plan to review? No Site Plan Feedback The following feedback includes consideration from Planning staff and, as applicable, staff from Zoning, Resilience and Public Works, and other departments. Comments below provide references to relevant sections of the Miami 21 Code and the City Code, as applicable. N/A Covenant / Unity of Title Will a covenant or Unity of Title be proffered? No The earlier an applicant involves City staff in the covenant or Unity of Title, the more efficient the review of the document will be. Covenants and Unities of Title require separate applications in ePlan, now. Be sure you and the applicant know how to proceed during the Pre -Application process, if applicable. Rev. 2/1 /2022 2 City of Miami Planning Department Pre -Application Meeting Summary Comments from Other Disciplines If staff from other City Departments have reviewed materials provided by the applicant for this Pre -Application Meeting, the Project Manager shall present all comments here, as applicable. NOTE: All comments are merely provided for consideration for an eventual application submittal and they do not construe any approval nor do they imply future approval. Department Status Notes, if applicable (Paste from Project Dox) Environmental Resources Choose an item Planning Department See Notes This Pre -Application meeting discussed a "Special Appearance" application for amending a Covenant to allow for an extension of an existing hotel's ballroom on the ground floor to encroach within a City of Miami -established 50-foot Bulkhead waterfront setback (the "50-ft. setback"). • This 50-ft. setback was part of an agreement reached with the City Commission on February 28, 1980. • The Property is also exempt from the City Charter's waterfront setback provision and corresponding language in Miami 21. • Pursuant to City Charter Section 3(mm)(iv), those waterfront setback requirements do not apply to projects that received site and development plan approval before 1979, which specifically includes "Plaza Venetia, Phase II (this Project), Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972." All these Commission actions relate to the Property. • After further discussion with senior Planning Staff, this course of action (the Special Appearance application) was deemed appropriate after careful consideration of the abovementioned facts. Zoning Department Choose an item. Historic Preservation Choose an item. Resilience and Public Works Choose an item. Building Department Choose an item. ionaI Discussion and Special Recommendations —ALL REQUEST TYPES Rev. 2/1 /2022 3 City of Miami Planning Department Pre -Application Meeting Summary Additional Discussion Planner should detail any additional information discussed during the meeting here. Be sure to include any questions raised by the prospective applicant and any requests for additional information that may need to be provided after the conclusion of the meeting. Question #1: The Applicant wants to have a proposed Ballroom Expansion/Terrace Renovation (the "rooftop") with a rooftop "outdoor functions" component that are related to the hotel -related venues (outdoor wedding receptions, dancing, BBQs, social functions, etc.). Based on my discussion with the Applicant stated that the hotel will be involved in "open-air retail" (selling food and alcohol) on the rooftop. Because this is a Lodging, Hotel Use versus a Food Service Establishment, do they need an Outdoor Dining Warrant? Per Miami 21 Code, Article 4, Section 1.1 - Open Air Retail: A retail sales establishment operated substantially in the open air including, but not limited to: farmers market, Flea Markets, and the like. Uses not included are: car sales, equipment sales, boats sales, and home and garden supplies and equipment. See Miami 21 Code, Article 6. Per Miami 21 Code, Article 4, Table 3 (T6-O), Commercial, Open Air Retail requires a Special Permit — Warrant. Based on your updated Letter of Intent, please state whether the requested Uses, as a function of this hotel, qualify as "open air retail". Note: please be advised that there may be additional comments, at the review stage, from other City Review Groups including but not limited to issues as related Miami 21 Code, Article 2, Section 2.1.1(b.). Question #2: For the Special Appearance application submittal, does the applicant need to provide a Zoning Table for the entire building or the proposed ballroom expansion and rooftop? Because this Hotel was built in 1982. The Applicant stated the difficulty in acquiring the plan drawings. In most cases, all the City of Miami's Building Department keeps records of all permits and plans on any property are available, including the building's full history. Please refer to the City of Miami Building Department - Records Section website: https://www.miamigov.com/Permits-Construction/Property- Information/Request-Building-Records-Microfilm Question #3: The Applicant wanted to know the application/submittal process for a Special Appearance application. Please refer to this weblink for the complete checklist of required and optional documents/plan drawings: https://www.miamigov.com/files/assets/public/document-resources/pdf- docs/eplan/special-permits/special-appearance-ada.pdf Special Recommendations Planner should detail any special recommendations that were made during this meeting. Recommendations may include the provision of additional information from the prospective applicant, the application of additional permits, changes (i.e., in the event a prospective applicant has assumed a specific permit is needed to accomplish a desired outcome, if a Rev. 2/1 /2022 4 City of Miami Planning Department Pre -Application Meeting Summary different approach may accomplish the outcome, that information should be detailed here). Recommendations for correspondence from other agencies or neighborhood associations should be detailed here. Click or tap here to enter text Planner Certification of Pre -Application Meeting The signed copy of this form certifies that you, Pre-App Meeting Requestor Name, have attended a Pre - Application meeting to discuss your interest in Name of permit/Application Request. If you are eligible for the permit you seek, you may qualify for a $250 credit toward the application fee if you submit your application within 90 days from your Pre -Application Meeting. Failure to submit that application within this time period will result in the forfeiture of any credit due to you from this meeting toward your application fees. Please note, neither your attendance to this meeting nor the comments here construe the City of Miami's approval of your request. Be sure to include this document with your application submittal to ePlan as your Pre -Application Form. If you have additional questions, please contact me at the email address listed on the front page of this document. The City of Miami looks forward to working with you on this application and we are happy to assist you in any way we can. Sincerely, Murphy Digitally signed by Murphy, Darren Date: 2022.12.14 Darren 09:29:06 -05'00' our Name (Plarii Your Title III L111 Rev. 2/1 /2022 5 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens 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 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 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 Page 1 of 5 Rita Silva 98 Se 7th St Suite 1100 Miami FL 33131 City of Miami Property Search Notice 01/29/2024 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: 01/29/2024. 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: Property Address: Legal Description: Amount Payable On: 01-3231-036-0021 1633 N BAYSHORE DR OMNI INTERNATIONAL PB 102-3 S172FT OF TR B LESS E5.60FT LOT SIZE 82847 SQ FT OR 17397-3029 0996 6 (6) 01/28/2024 to 02/28/2024 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 2nd Avenue, 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 2 of 5 City of Miami Rita Silva 98 Se 7th St Suite 1100 Miami FL 33131 01/29/2024 Folio Number: 01-3231-036-0021 Property Address: 1633 N BAYSHORE DR Legal Description: OMNI INTERNATIONAL PB 102-3 S172FT OF TR B LESS E5.60FT LOT SIZE 82847 SQ FT OR 17397-3029 0996 6 (6) 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. Page 3 of 5 City of Miami Rita Silva 98 Se 7th St Suite 1100 Miami FL 33131 01/29/2024 Folio Number: 01-3231-036-0021 Property Address: 1633 N BAYSHORE DR Legal Description: OMNI INTERNATIONAL PB 102-3 S172FT OF TR B LESS E5.60FT LOT SIZE 82847 SQ FT OR 17397-3029 0996 6 (6) Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Violation: - Folio Number: 01-3231-036-0021 Property Address: 1633 N BAYSHORE DR Contact: Unsafestructures@miamigov.com System CityView Case Number BB2022002407 Case Status Open Violation Desc Failure to obtain the required 40-50-Year Recertification Process Violation Status Open Code Section Inspector RRamos Violation Date 30-APR-2022 Date Issued 30-APR-2022 Ticket Number Date Compliance Due 27-SEP-2022 Page 5 of 5 Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Office of Zoning, Attn.: Zoning Administrator 444 S.W. 2nd Avenue, 2nd Floor Miami, FL 33130-1910 Folio No: 01-3231-036-0021 SECOND AMENDED RESTRICTIVE COVENANT KNOW ALL BY THESE PRESENT that the undersigned, HOST BISCAYNE BAY LAND LLC, a Delaware limited liability company (hereinafter, the "Owner") hereby makes, declares, and imposes on the land herein described, this Second Amended Restrictive Covenant ("Second Amended Covenant"), in favor of the CITY OF MIAMI, a municipal corporation (hereinafter, the "City"), as accepted by the City under City Commission Resolution No. WHEREAS, Owner is the owner of that certain real property located at 1633 North Bayshore Drive, Miami, FL, 33132, which land is more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"); and WHEREAS, on May 4, 1972, Owner's predecessor in interest Florida East Coast Properties, Inc. ("FECI") entered into a Restrictive Covenant agreement with the City, as recorded in Official Records Book 7878, Page 266 of the Public Records of Miami -Dade County, Florida (the "Covenant") regarding development of the Property; and WHEREAS, on February 28, 1980, FECI entered into an Amended Restrictive Covenant agreement with the City, as recorded in Official Records Book 10684, Page 1729 of the Public Records of Miami -Dade County, Florida (the "Amended Covenant") that amended the Covenant related to development of the Property; and WHEREAS, the Amended Covenant provides that a 50 foot setback requirement from the shoreline of Biscayne Bay must be observed at the Property; and WHEREAS, in 1982, FECI developed a hotel on the Property in accordance with the terms of the Amended Covenant; and WHEREAS, Owner is now proposing to renovate the hotel to include a two (2) story ballroom/event space with related indoor and outdoor amenities encroaching into the 50 foot setback area set forth under the Amended Covenant; and 72250830;5 Folio No. 01-3231-036-0021 WHEREAS, Owner is seeking to modify the Amended Covenant to provide that a 25 foot setback requirement from the shoreline of Biscayne Bay may be observed at the Property for this hotel ballroom/event space; and WHEREAS, pursuant to Section 3(mm)(iii) of the City Charter, waterfront setback requirements may be modified by the City Commission after design and site -plan review and public hearing if the City Commission determines that the modifications requested provide public benefits such as direct public access, plaza dedications, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features; and WHEREAS, in consideration for this waiver of the 50 foot setback requirement by the City Commission, Owner is providing public benefits that promote a better urban environment and public advantages, in the form of a publicly accessible waterfront patio; and WHEREAS, Owner shall be responsible for maintaining the waterfront patio and enforcing rules for its use that are generally consistent with the City's park regulations set forth under Chapter 38 of the City Code; and WHEREAS, the City desires to accept this Second Amended Covenant on behalf of the City of Miami and deems said restrictive covenant agreement to be in the best interest and general overall welfare of the City of Miami for the improvements to the Property described above. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner hereby agrees as follows: 1. Recitals. The above recitals and findings set forth preamble of this Second Amended Covenant are true and correct and are hereby adopted by reference and incorporated herein as if fully set forth in this Section. 2. Modified Setback for Ballroom Improvements. Subsection 2.B of the Covenant, previously modified by the Amended Covenant, is hereby further amended to provide that: Notwithstanding anything to the contrary herein, the proposed ballroom/event space for the existing hotel up to two (2) stories in height with related indoor and outdoor amenities, including but not limited to accessory use hotel dining (collectively, the "Ballroom Improvements"), is permitted to be setback only 25 feet from the shoreline of Biscayne Bay. The sketches, drawings, renderings, and models of the Ballroom Improvements, made part of the record under City Commission Resolution No. and incorporated herein by reference, will be substantially complied with. 3. Publicly Accessible Waterfront Patio. Section 2 of the Covenant is hereby amended to also include the following new subsection: D. It is understood and agreed that, in conjunction with Owner's development of the Ballroom Improvements, Owner shall construct on and improve the existing elevated patio with landscaping, hardscaping, lighting, and furniture upgrades generally in accordance with the plans incorporated herein (the "Outdoor Patio"). The Outdoor Patio shall remain 2 72250830;5 Folio No. 01-3231-036-0021 open to the public between sunrise and sunset every day for the purposes of viewing Biscayne Bay and other passive recreational activities. The Outdoor Patio may include a gated entry for security purposes that is closed overnight outside of these daily hours. Owner shall ensure that the Outdoor Patio is continuously maintained in a safe and well - kept manner, so as not to pose a safety hazard to the public and to be aesthetically pleasing in this highly visible waterfront location, and Owner may establish and enforce rules for use of the Outdoor Patio to do so that are generally consistent with the City's park regulations set forth under Chapter 38 of the City Code. Notwithstanding the foregoing, temporary closures of the Outdoor Patio to the public may be permitted (i) for such periods of time as may be reasonably required for construction, repairs, and maintenance to the Outdoor Patio, or (ii) under temporary emergency circumstances. 4. Remainder of Covenant. Except as modified herein, all terms and provisions of the Covenant, as previously modified by the Amended Covenant, shall remain in full force and effect and binding on Owner. All references to the Covenant shall hereinafter refer to the Covenant as modified by the first and second amendments to the Covenant. 5. Counterparts/Electronic Signature. This Second Amended Covenant may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Second Amended Covenant. The parties shall be entitled to sign and transmit an electronic signature of this Second Amended Covenant (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Second Amended Covenant upon request. 6. Recordation. This Second Amended Covenant will be e-recorded by the City of Miami, at the Owner's expense, in the Public Records of Miami -Dade County, Florida upon full execution. [Signature Pages to Follow] 3 72250830;5 Folio No. 01-3231-036-0021 Signed, witnessed, executed and acknowledged this day of , 2024. (TWO WITNESSES FOR EACH PERSON SIGNING). Witnesses: Print Name: Address: Print Name: Address: STATE OF COUNTY OF ) SS HOST BISCAYNE BAY LAND LLC, a Delaware limited liability company By: Name: Title: The foregoing instrument was acknowledged before me by means of ❑physical presence OR ❑online notarization, this day of , 2024, by as of HOST BISCAYNE BAY LAND LLC, a Delaware limited liability company. Personally Known ❑ or Produced Identification❑. Type of Identification Produced Print or Stamp Name: Notary Public, State of Commission No.: # My Commission Expires: 4 72250830;5 Folio No. 01-3231-036-0021 Signed, witnessed, executed and acknowledged this day of , 2024. ATTEST: THE CITY OF MIAMI, a Florida municipal corporation Todd Hannon, City Clerk By: APPROVAL FROM THE ZONING DEPARTMENT AS TO CONTENT: Daniel S. Goldberg, Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: George Wysong, City Attorney Arthur Noriega V, City Manager 5 72250830;5 Folio No. 01-3231-036-0021 EXHIBIT A THE PROPERTY LEGAL DESCRIPTION: THE SOUTH 172 FEET OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF, TRACT B OF OMNI INTERNATIONAL, PLAT BOOK 102, AT PAGE 3, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE EAST 5.6 FEET THEREOF Also known as: Folio: 1633 North Bayshore Drive, Miami, FL, 33132 01-3231-036-0021 6 72250830;5 Torres -Toledo, Cecilia (Assoc-Mia) From: Diaz, Rene <ReDiaz@miamigov.com> Sent: Wednesday, May 8, 2024 12:11 PM To: Torres -Toledo, Cecilia (Assoc-Mia); Ketterer, Amber L.; DPenuela@thefalcongroup.us; Gonzalez, Yuriam; Bermudez, Rosa; Ron.Walther@hosthotels.com; Jorge.Mourelle@marriott.com; hampus.streiffert@hosthotels.com Cc: SKolar@thefalcongroup.us Subject: Re: Miami Marriott Biscayne Bay - Ballroom Importance: High [External to Akerman] Good afternoon Amber, The permit application BD22-011621-001 is to comply with the building recertification violation. Thankyou. Rene I. Diaz Senior Chief of Unsafe Structures Building Department 444 SW 2nd AV, 4th Floor Miami, Florida 33130 Office: (305) 416-1112 Cell: (786) 251-7181 Email: ReDiaz@miamigov.com Website: www.Miamigov.com/Building/ Assistant: Mirtha Ojeda MOJEDA@miamigov.com Disclaimer: The information contained in this message is intended only for the recipient, it may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, please be aware that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by replying to the message and deleting it from your computer. From: cecilia.torres-toledo@akerman.com <cecilia.torres-toledo@akerman.com> Sent: Wednesday, May 8, 2024 11:41 AM To: Ketterer, Amber L. <AKetterer@miamigov.com>; DPenuela@thefalcongroup.us <DPenuela@thefalcongroup.us>; Diaz, Rene <ReDiaz@miamigov.com>; Gonzalez, Yuriam <YurGonzalez@miamigov.com>; Bermudez, Rosa <RBermudez@miamigov.com>; Ron.Walther@hosthotels.com <Ron.Walther@hosthotels.com>; Jorge.Mourelle@marriott.com <Jorge.Mourelle@marriott.com>; hampus.streiffert@hosthotels.com 1 <hampus.streiffert@ hosthotels.com> Cc: SKolar@thefalcongroup.us <SKolar@thefalcongroup.us> Subject: RE: Miami Marriott Biscayne Bay - Ballroom 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. Thanks Amber. Rene, can you please confirm the below based on the letter Dino prepared (here again enclosed) and your review of the system. Thank you all. Cecilia Torres -Toledo (She/Her/Hers) Associate Akerman LLP 198 Southeast Seventh Street, Suite 1100 I Miami, FL 33131 D: 305 982 5547 I T: 305 374 5600 I C: 305 494 2624 cecilia.torres-toledo@akerman.com From: Ketterer, Amber L. <AKetterer@miamigov.com> Sent: Wednesday, May 8, 2024 10:20 AM To: Torres -Toledo, Cecilia (Assoc-Mia) <cecilia.torres-toledo@akerman.com>; DPenuela@thefalcongroup.us; Diaz, Rene <ReDiaz@miamigov.com>; Gonzalez, Yuriam <YurGonzalez@miamigov.com>; Bermudez, Rosa <RBermudez@miamigov.com>; Ron.Walther@hosthotels.com; Jorge.Mourelle@marriott.com; hampus.streiffert@hosthotels.com Cc: SKolar@thefalcongroup.us Subject: RE: Miami Marriott Biscayne Bay - Ballroom [External to Akerman] Good morning, Yes. We would need a written confirmation that the permit(s) required to cure the existing violation(s) has been applied for, with a complete application that is being reviewed by the appropriate department. This property seems to have a 40/50 year recertification/unsafe structure violation. If that is the case, additional permits/approvals are conditioned to prohibit issuance of a CO until the permit to cure the violation has been closed. In this case, the modification of the covenant and modification of the setback would be conditioned on the violation being closed. See below. Thank you. 7.1.3.7 No Approval Available if Code Enforcement Violations Except as provided in Section 7.1.2.1 (b) (3) for Certificate of Use or in the City Code for development permits including but not limited to Waivers, Warrants, Exceptions, and Variances, no approval or permit may be issued, and no application may be scheduled for public hearing, for a non -homestead property if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, is the subject of any building violation(s), has any City lien or invoice due and owing to the City, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the permit or approval is required to cure life safety issues, is required to bring outstanding violations into compliance, is for unit(s) within building to which violations or monies owed are not attributable to the permit applicant, or the property is wholly owned by a governmental entity. In addition, if an approval or permit required to cure the existing violation(s) has been applied for, with a complete application that is being reviewed by the appropriate department, additional approvals or permits may be scheduled for 2 hearing and/or issued for the property that is the subject of violations or monies owed. Addition permits issued are conditioned to prohibit the issuance of a certificate of occupancy or completio (including temporary or partial certificates of occupancy or completion) until the permit to cure the original outstanding Code Enforcement violation has been finalized and closed and all monies owed, inclusive of costs, to the City are paid. Any exemption listed herein may not be utilized for multi -unit structures wherein the violation has created a life safety issue for either the adjacent units or the structure in its entirety. This Section also applies to covenants, including but not limited to Unities of Title and Covenants in Lieu of Unity of Title. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code. This prohibition shall not apply to buildings or properties owned by governmental entities. Amber L. Ketterer, Senior Assistant City Attorney General Government Division City of Miami Office of the City Attorney Telephone: 305-416-1859 Facsimile: 305-416-1801 aketterer@miamigov.com Assistant: Stephanie Fernandez: (305) 416-1833 Disclaimer: This e-mail is intended only for the individual(s) 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 not 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 are public records. If you do not want your e- mail address 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: cecilia.torres-toledo@akerman.com <cecilia.torres-toledo@akerman.com> Sent: Tuesday, May 7, 2024 5:11 PM To: DPenuela@thefalcongroup.us; Diaz, Rene <ReDiaz@miamigov.com>; Gonzalez, Yuriam <YurGonzalez@miamigov.com>; Bermudez, Rosa <RBermudez@miamigov.com>; Ron.Walther@hosthotels.com; Jorge.Mourelle@marriott.com; hampus.streiffert@hosthotels.com; Ketterer, Amber L. <AKetterer@miamigov.com> Cc: SKolar@thefalcongroup.us Subject: RE: Miami Marriott Biscayne Bay - Ballroom 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. Hi All, thanks Dino and looping in @Ketterer, Amber L.. Rene, I think an email confirmation is sufficient to clear Amber's comment (we can upload email to Eplan). Is that correct Amber? Thanks everyone. Cecilia Torres -Toledo (She/Her/Hers) Associate Akerman LLP 198 Southeast Seventh Street, Suite 1100 I Miami, FL 33131 3 D: 305 982 5547 I T: 305 374 5600 I C: 305 494 2624 cecilia.torres-toledo@akerman.com Profile CONFIDENTIALITY NOTE The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the eader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. From: Dino Penuela <DPenuela@thefalcongroup.us> Sent: Tuesday, May 7, 2024 4:27 PM To: Diaz, Rene <ReDiaz@miamigov.com>; Gonzalez, Yuriam <YurGonzalez@miamigov.com>; Bermudez, Rosa <RBermudez@miamigov.com>; Ron.Walther@hosthotels.com; Jorge.Mourelle@marriott.com; hampus.streiffert@hosthotels.com; Torres -Toledo, Cecilia (Assoc-Mia) <cecilia.torres-toledo@akerman.com> Cc: Sinisa Kolar <SKolar@thefalcongroup.us> Subject: Miami Marriott Biscayne Bay - Ballroom Importance: High [External to Akerman] Dear Mr. Rene Diaz (Chief Unsafe Structures), We hope this email finds you well. Our Client at Miami Biscayne Bay Marriott Hotel is currently pursuing a 40/50-year recertification under process number BD22-011621-001 to cure violation number BB2022002407 for the Marriott Biscayne Bay Hotel at 1633 N. Bayshore Drive, Miami FL. Concurrently, they are also pursuing a zoning entitlement to allow expansion of their existing ballroom to accommodate the hotel's demand. To schedule the public hearing for the zoning entitlement, the City Attorney, Ms. Amber Ketterer is requesting a written confirmation from Chief of Unsafe Structures that the 40/50-year certification is being actively worked on by our client to satisfy all mandatory requirements and cure the violation. At your earliest convenience, please evaluate attached request and assist us with the letter. Your prompt attention to this request is greatly appreciated. Regards, DINO PENUELA DIVISION MANAGER OF BUILDING RESTORATION 15405 NW 7th Avenue, Miami, FL 33169 P 305-663-1970 Ext 723 D 786-472-3005 The information contained in this transmission and any attachments are for the sole use of the intended recipient(s) and may be confidential, privileged, copyrighted or may constitute intellectual property. Any unauthorized review, use, disclosure or distribution of this transmission and any attachments is strictly prohibited. If you have received this transmission in error, please contact the sender and destroy all paper and/or electronic copies of this transmission. We have taken precautions to minimize the risk of transmitting software viruses, but we advise you to carry out your own virus checks on any attachment to this message. We cannot accept liability for any loss or damage caused by software viruses. Information contained in this email is not authorized to be forwarded to others or duplicated without consent of the sender. Information contained in any attachment (text, drawing or other file type) is not intended to be used in any manner or altered without the expressed written permission of Falcon Engineering Co., LLC or Falcon Architectural Services, LLC DBAThe Falcon Group. The professional engineer's or architect's signed & sealed documents are required for construction. 4 Disclaimer The information contained in this communication from the sender is confidential. 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To find out more, visit our website. 5 (11itV,f DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY 03-05-2021 In occu,Uonne with Section 2-208 of the Code of the �� of Miami, Florida,as amended, � Code") titled, "New permits prohibited, homesteadproperties", City shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety imsuos, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed ouo party»vthe application needs msign and submit this omcmsuremmoavun an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 901h day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name ofentity aswell, ifapp|imb|e): Michael L.nvvx President vxHost Biscayne Bay Land LLC Address/ City / State / Zip: 1633N BmyohoneDrive Miami �FL33132 Phone No: 305-982-5538/305-982-5547 Email: nicholas.barshel@akerman.com .com .hereby certify that all the addresses |istedonthisappUcadonare Michael L.Rock (please check one ofthe fd|owing): [ ] homestead properties. ( lnon-homestead properties, and that there are noopen code enforcement violations, building violations, City liens, orinvoices due and owing mthe City onany cfthe addresses listed onthisapp|istinn. | certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ 3 non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): 40/50 recertification in will be obtained to cure ueuuuunou*nr | understand this application shall beterminated after ninety (90) days should any rfthe addresses listed nnthis application be found to not he in compliance with Section ZeVD of the City [ode or with any covenant conditions attached tvthe land. � '/''/ / 'ignature of the Property Owner I -te } State mFlorida > County v,Miami-Dade ~ Sworn tnand subscribed before meuvmeans vf~' physicalpresence online notanmm znthis // 'day April znao ' by Michael L. Rock Personally known , Produced Identification (> Type vfIdentification produced (SEAL) Page I of 1 Index of Drawings PZ-23-16064: Special Appearance 1633 N. Bayshore Dr. A-0 Index of Drawings V-01 Survey A-01 Cover A-02 Zoning Data Sheet A-03 Rendering of Ballroom Expansion A-04 Existing Site Plan A-05 Proposed Site Plan A-06 Existing Photographs of Area for Proposed Expansion A-07 Existing First Floor Plan A-08 Proposed First Floor Plan A-09 Proposed Mezzanine Level Floor Plan A-10 Existing Section A-11 Proposed Section A-12 Detailed Proposed Ballroom Expansion Floor Plan A-13 Proposed Mezzanine Expansion A-14 Pictures of Existing Outdoor Patio A-15 Existing South Elevation A-16 Proposed South Elevation A-17 Existing East Elevation A-18 Proposed East Elevation A-19 Illustrative ADA-Compliant Ballroom Seating Option — Lecture A-20 Illustrative ADA-Compliant Ballroom Seating Option — Banquet A-21 Illustrative ADA-Compliant Terrace Seating 68425896;1 0 )Xarriolt MIAMI BISCAYNE BAY MARRIOTT BALLROOM EXPANSION PZ-23-16064: SPECIAL APPEARANCE APPLICATION March 27, 2023 HOUSTON / TYNER w 31111331 1111,3161 Y IL i.s1�� LAZ k 14 L LiLI.J,MAJL-. - uliiut �L1-i�6fe ■- r ,.fir:. I Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 • r .=-a-o • — m' 1 ^ S T 11'✓N eIR t— "•■'1 miM Off r... Iu 'ME me WF ' s1 s e 100,00111101111 sorvet on'— ;- ■ - ✓ T6-36E-O UI:BAN CODE LOT OCCUPATION 0,11 B UILLING SETBACK` FROM 11,011,1 BUI LDING CO NI- IGUI:ATION (I-I:ONTAGI) PORCH! FEN:, ROM BUILDING 11LIG 11T PROFIlfilfr PROFIlfilfr PROFIlfilfr OF ITS LENGTH ON THE SETBACKL1 NE AS SHOMN IN ILLUSTRATION 5 IN THE ABSENC ECF BUILDING ALCNG THE REMAIN DER CFTHEI,ONTAGE BALLROOM EXPANSION ZONING DATA SHEET 03.27.2023 S. (we NOUS7 -;a S •. A094222 02/28/25 NOTICE • gam. HOUSTON / TYNER 11 { igh 1 I III I I t I I all I I j11111111111111(I ...4 n„....,......; li. ,.: i • -._ -,... _ • _ .!j:, —...ViAlpip:- '-.11:. i:'.."'.......- -.It:. - i r 1•11;1:- i-1. - .• Al Miami Biscayne Bay Marriott 1633 North Bayshore Dr., Miami, FL 33132 BALLROOM EXPANSION PROPOSED BALLROOM EXPANSION 03.27.2023 42.ft, NOTICE PZ-23-16064 1.17/2,21 HOUSTON / TYNER 12 1628-1670 N BAVSHORE DRIVE GARAGE SET1 »:I< NE 16TH STREET (SECONDARY FRONT) 1717 N BAVSHORE DR, MIAMI, FL 33132 II I I II III I I I III I II 464 NE 16TH ST, MIAMI, FL 33132 I II I I II 1 11 EXISTING EXTER OR PATI I 1 Y --I-QQ,LLLLY a m +I* ETBf�y,K W 50 +U" II SETBACK 555 NE 15TH ST, MIAMI, FL 33132 SEE VIEW 1C .N PAGE 3C /SEE VIEW 1B ON PAGE 3C SEE VIEW 1D ON PAGE 3C BISCAVNE BAV /SEE VIEW 1A ON PAGE 3C BISCAVNE BAV Miami Biscayne Bay Marriott I 1633 North Bayshore Dr., Miami, FL 33132 BALLROOM EXPANSION EXISTING SITE PLAN 03.27.2023 NORTH HOUSTON / TYNER I3A 1628-1670 N BAVSHORE DRIVE GARAGE Miami Biscayne Bay Marriott I 1633 North Bayshore Dr., Miami, FL 33132 z LULL oa 1717 N BAVSHORE DR, MIAMI, FL 33132 66A' SETBACK NE 16TH STREET (SECONDARY FRONT) BISCAVNE BAY BISCAVNE BAYr BALLROOM EXPANSION PROPOSED SITE PLAN 03.27.2023 25' 50�17L� SETBACK 555 NE 15TH ST, MIAMI, FL 33132 NORTH HOUSTON / TYNER I3B VIEW 1A - MARRIOTT RESORT AND SURROUNDING PROPERTIES PI Illf li ' i PA RI r, VIEW 1C - MARRIOTT RESORT, NORTH ELEVATION Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 VIEW 1B - MARRIOTT RESORT, EAST ELEVATION VIEW 1D - MARRIOTT RESORT, SOUTH ELEVATION BALLROOM EXPANSION PICTURES OF EXISTING MARRIOTT RESORT 03.27.2023 , t 61,0 NOU TON li * M'. AN 94222 ti 02/28/25 HOUSTON / TYNER I3C >LuLL Oa m MN t � I I I I � I LL N 89° 59' 42' W 330,73' c• a N89° 59' 42'£ 486.838' STORAGE POE COCHER RT 1 USINE- ENTER ALES FFICE SE�ING AFA _ R TROOIS EXISTING LOB„ • r r • ® COFFEE• SEATING AREA SHOO EXISTING REET MAIN DINING pppp - 53,0) €TgpC • 00d 0A ,,,,} III} IST ,. X•Lp"�P I I � I BUFFET • c • i r � ▪ - _ - N69. 5p42'E45d-958' o✓g. NE 16TH STREET (SECONDARY FRONT) Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 BALLROOM EXPANSION EXISTING FIRST FLOOR + SITE 03.27.2023 A • /�P,RY NOUstoo, •3 p •: C▪ o. V AR94222 •• 02/28/25 5o'-a- 56E*ACK 0 16' 32' BISCAYNE BAY 10A PROPER, LINE ,6A (E) SSSTSTIRS EA WALL OtS Lr EAR. BISCAYNE BAY NORTH HOUSTON / TYNER I4A Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 ISTORAGE BUSINESS CENTER EXIT 3 PORTE COCHER ! . REGISTRATIO EXIT 'MECHANICA ROOM 1.189°59'42-EA54 NE 16TH STREET (SECONDARY FRONT) N 89° 59' 42' W 330,73' _-__ ___ 459 _ I 11 OSALES FFICE • EX IrWSU Mry If 2 Ir�pQ EXISTING BACK OF HOUSE STING LOBBY (E) EXIT STAIRS OFFICES BALLROOM EXPANSION PROPOSED FIRST FLOOR + SITE 03.27.2023 L. KITCHEN ELEVATOR LO BBV M @L0B DI NkNG EXISTING OUTDOOR DINING 50-7' } PROMENAN s.nires EPERI TT-TAires bq'-o= Y BETSACK y 26'-0' SET9ACK -' 0 16' 32' NOTICE PUBLICLY ACCESSIBLE EXTERIOR PATIO BISCAV NE BAY 4'11 _P_ROPERTA LINE BISCAYNE BAY' NORTH HOUSTON / TYNER I4B ss 4, SETBACK Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 S • NE 16TH STREET (SECONDARY FRONT) MN I �l I t f� I I I II"fI I1f, I r , N 89' 59'42' E 484.838' MH I E ITSTAI'r EXIT STAIR EXISTING G. STORAGE EXISTING CAFETERIA EXISTING LOCKER ROOM N 89' 59'42" E454988 STORAGE • OPEN TO • LOBBY BELOW (E) EXIT STAIRS �XISTING -• KITCHEN • • r E•STIN�L MEZZANIN - R SEATIN BALLROOM EXPANSION PROPOSED MEZZANINE LEVEL + SITE 03.27.2023 Y. 50'- SETSAC_ • EXISTING Ifl r MEETING 1 11 I° ROOM I1 15'.19- If I III 6B 0F'F��i 3 p S 0: /6,0y HOU976,„ t �:�" AR94222 l , „ elk OI lOs„:•s t+ 5P-7" IPre Lrvno TROPOSEE EXIT STAIRS 50'_0' SETBACK III SETBACK 02/28/25 0 I G' 92' scar, uiv= ro (E) SEAWALL BISCAYNE BAY BISCAYNE BAY NORTH HOUSTON / TYNER 15 3RD FLOOR EL (38' 3") ©. 2ND FLOOR EL (23 3") E. _ LOBBY LEVEL EL (10' 11") 2� (E) PARKING EL (2' 5") EXISTING BOARDROOM EXISTING M CLUB EXISTING PARKING *ELEVATIONS WHEN SHOWN REFER TO THE NATIONAL GEODETIC VERTICAL DATUM (N.G. V.D.) 1929. Miami Biscayne Bay Marriott I 1633 North Bayshore Dr., Miami, FL 33132 A EXISTING M CLUB EXISTING PARKING EXISTING EXTERIOR PATIO EXISTING PARKING EXISTING PREFUNCTION BALLROOM EXPANSION EXISTING EXTERIOR PATIO SECTION 03.27.2023 EXISTING SEAWALL GRADE PROMENADE EL EXISTING SEAWALL HOUSTON / TYNER I6A EXISTING BOARDROOM EXISTING M CLUB PROPOSED 4 - 1 �. ,u - v "REFUNCTION EXISTING PR EFUTI ON EXISTING PARKING *ELEVATIONS WHEN SHOWN REFER TO THE NATIONAL GEODETIC VERTICAL DATUM (N.G. V.D.) 1929. Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 EXISTING AM CLUB PROPOSED MEZZANINE PROPOSED BALLROOM EXISTING PARKING EXISTING PARKING BALLROOM EXPANSION PROPOSED BALLROOM SECTION 03.27.2023 (87 02/28/25 111111111 1 EXISTING SEAWALL LIGHTING FIXTURE EL (38' 5")_ GLASS RAILING EL (30' 4') BALLROOM MEZZANINE EL (26' 10") LIGHTING FIXTURE 2ND FLOOR EL(23') -— EL(23'3") BALLROOM _ _ EL (11' 5") EXISTING SEAWALL PROMENADE � LOBBY LEVEL 1� r1 EL (10' 11") GRADE _ EL (] 8 ) 4' 8' I6' 5CN£, I/1' (E) PARKING A EL (2' 5") HOUSTON / TYNER I6B RM S ) STAIRS Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 KITCHEN I � fl 71I m� 1( ,31 c 2 [N0- id IcLi)j 1 1 �"9E'Itt l .-• r ILJL_�ILM r.I r r EXISTING OUTDOOR DINING I - 1 IJ i?J_J L _• I_ Q I r-1 r— ` —1 t ID 1 IEriy 1 IcOM - D.1131 I 11°1 c 31 L©_J ELJ ll0'-6 15'-10" r ♦ d _ Q lm-5 \� ,�. 1 .`," EXIT NY ++ / a // 4 r NV ELEVATOR•:•? / /,//, f� L LOBBY - , , ,'' , // IV � �//�/// //// // /// // / / / / 1 ♦ �EXIT\ / //�/ /7 < "JD%TP ;; 4/////%��/ /��'//%//' / V /�/ //// \ `,„/,//// / ////�,\, // /„/ 1/.��t�t"i/�'eRA�PS V• / e7i1yP,'.; 26'-0" 50'-7" I 50'-0" SETBACK SETBACK BALLROOM EXPANSION PROPOSED BALLROOM EXPANSION 03.27.2023 PROMENADE PROPERTY LINE (E) SEA WALL PUBLICLY ACCESSIBLE EXTERIOR PATIO WITH FURNITURE UPGRADE BISCAYNE BAY TEE BALLROOM EXPANSION 5. F. 5 WITHIN TIE 50' SETBACK BALLROOM 4,54 2205 BISCAYNE BAY GATE TO REMAIN OPEN FOR PUBLIC ACCESS TO EXTERIOR PATIO ii MONDAY THROUGH SUNDAY FROM 6.00 AM - 10. 00 PM GOOGLE EARTH NORTH hV*0OF F��io.,; * f 6ppY HOUSTOM * AR94222 t 02/28/25 HOUSTON / TYNER I7B 111 EXISTING KITCHEN • EXISTING MEZZANINE SEATING Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 ELEVATOR LOBBY STORAGE PRO'•SED PREFUNTION STORAGE ;E>XIT. EXIT STAIR EXISTING MEETING ROOM PROPOSED XIT STAIR PROPOSED ' MEZZANINE- - 36'-10" 50'-0" SETBACK SETBACK BALLROOM EXPANSION PROPOSED MEZZANINE EXPANSION 03.27.2023 Z PR•MENADE PROPERTY LINE GOOGLE EARTH BISCAYNE BAY BALLROOM MEZZANINE BISCAYNE BAY BALLROOM EXPANSION 5. F. z#pe,`6P,pY NW TONO9a, /0194222 ; ._ jFAE...... i 02/28/25 NORTH HOUSTON / TYNER 18 VIEW 1A VIEW 1C Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 VIEW 1B VIEW 1D BALLROOM EXPANSION PICTURES OF THE EXISTING OUTDOOR PATIO 03.27.2023 i p J�y HOD 6S? * r. 9t HOUSTON / TYNER I]C C C LLRH 11 111 91 *ELEVATIONS WHEN SHOWN REFER TO THE NATIONAL GEODETIC VERTICAL DATUM (N.G. V.D.) 1929. Miami Biscayne Bay Marriott I 1633 North Bayshore Dr., Miami, FL 33132 11 IIIIIIIIIIIIII BALLROOM EXPANSION EXISTING SOUTH EXTERIOR ELEVATION 03.27.2023 3RD FLOOR EL (38' 3") 2ND FLOOR LOBBY LEVEL EL (10' 11")ti GRADE EL (7' 8"), (E) PARKING EL (2' 5')• HOUSTON / TYNER I9A 1 1 i 1 L. I T I , LLL 11■ 1111111111111111111111111111 *ELEVATIONS WHEN SHOWN REFER TO THE NATIONAL GEODETIC VERTICAL DATUM (N.G. V.D.) 1929. Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 111 BALLROOM EXPANSION 03.27.2023 hill III II II II III IIIIIIIIIHI PROPOSED SOUTH EXTERIOR ELEVATION LIGHTING FIXTURE EL (38' 5") GLASS RAILING BALLROOM MEZZANINE _ EL (24' 10") 3RD FLOOR EL (38' 2ND FLOOR LIGHTING FIXTURE EL (23' 3")." EL (23') BALL ROOM _ _ EL (11' 5") GRADE EL (7' 8") LOBBY LEVEL EL (10'_11") 0 (E) PARKING EL (2 5") HOUSTON / TYNER I9B 3RD FLOOR EL (38' 3") _ 2ND FLOOR EL (23' 3') 1. LOBBY LEVEL EL (10' 11") - GRADE EL 7' 8" u T l lllllllll Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 r BALLROOM EXPANSION EXISTING EAST EXTERIOR ELEVATION 03.27.2023 111111111111111111111111111111111111111111111111111111 02/28/25 *ELEVATIONS WHEN SHOWN REFER TO THE NATIONAL GEODETIC VERTICAL DATUM (N.G. V.D.) 1929. HOUSTON / TYNER I10A LIGHTING 3RD FLOOR FIXTURE EL(38' 3") _ _ EL (38' 7") GLASS RAILING EL (30' 4') 9- BALLROOM MEZZANINE EL (26' 10") 9- LIGHTING FIXTURE — EL (23') LOBBY LEVEL EL (10' 11") GRADE EL (7' 8" Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 r _I L 1 6 11 "I0" 1111 "EI "II 11101lll Ili 1=_„3 I" 11-12 U "I %Isu='It erg BALLROOM EXPANSION PROPOSED EAST EXTERIOR ELEVATION 03.27.2023 f3. ',yR /GpRY HOUSTON O AR94222 •�: FAEO,,,,,, if ,"' 02/28/25 *ELEVATIONS WHEN SHOWN REFER TO THE NATIONAL GEODETIC VERTICAL DATUM (N.G. V.D.) 1929. HOUSTON / TYNER I10B 6'-0" EXIT CLEARANCE (TYPICAL) ELEVATOR LOBBY 0 Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 4 EXISTING RESTAURANT MAIN DINING 0 ti BUFFET BALLROOM EXPANSION 03.27.2023 BAR 0 r--r r r w T S1 1B sIf9T RO o PUBLICLY ACCESSIBLE 23 IOT 24 EXTERIOR PATIO (WITH FUkNITURE UPGRADE) 406E SF 25 2gL 2 22 -229 JC 33 12T 3429 40 1IT L _ 35. JE J5 1:T " 4 I • -tBALLR00MJ 4054 SF O 3,-0„ CLEARANCE (TYPICAL) 5 15T-:49 50 n1 I/T ',52 I9T 55 19T 57 55 3'-0" CLEARANCE (TYPICAL) NNE EXCX,EI ON OF PEOPLE MTh DEADLINE, EN_DnN_ A WEAL, ADANXDE1 ADA 5, wN[)UET AND DAR; OF, Ai LEA, OF NEDE NOTE IF YOU , E DNF OF 01_,DOOF NE EN PEON IDE NNE 1511,115,,,NDEF, OF FIXED ADNEE ARE PRONIDED END, ,O5EEEIDLE LOCATION AI,DLE FOR CO,015EF,E AND NOT AlEi PEOPLE JOON DEADLINE, IN ONE AREA 0 DE IlEED ONLY DE FELT,. MTN DIEADINEED PEOPSHE IOCEISE DOOR ELJNEDULE IOCEISE IOCEISE PROPOSED ADA BALLROOM SEATING OPTION "LECTURE" ,,, <E OF Fop ,,. 64Y NOUS76N;O �+•'. AR94222 s• •yjfAEO• AP�N�~� , 02/28/25 2�" MIN. CLEARANCE UNDERTABLE 29" MIN. RECOMMENDED CLEARANCE UNDER TABLE 2B"MIN. - 34" MAX. SURFACE Ii EIGHT L — 3'; ACCE5 ail ROUTE/ CLEARANCE BETNEEN TABLES HOUSTON / TYNER I11 EXISTING RESTAURANT MAIN DINING 0 BUFFET 6'-0" EXIT CLEARANCE (TYPICAL) ELEVATOR LOBBY 0 BAR 6T 1 r i;r, Li IL _i 1 1 _ 2 _ _ 47 1',I 27 II ILy9J Tr C1 it1d 19 9T 20 i 21 22 . PUBLI FLY ACCESSIBLE EXTERIOR PATIO 3,-16r 424 (WITH FURNITURE UPGRADI 4067 SF 25 28 z7 22 23 80 yf11 1� 0 {' LI99SE 97 324 91 13T 4i, 4,3 ,41 3f 2.1 11T,Z6 w 4T 47: 10T 42 49 '60 j7c 1ZT;28 j91 13TD30--i 0 10 1 2 i 5 8 1T 7 6 5 20 I 12 6 2T 1411 0 17 i6 11 p� 30 24:\ 3955 3132 e3T 73 7 y .� 29 IT 82. A Q _ 2627 35 24 ac O L r.. 49 -1 5T 43 ; -184 \ 48 ��.�555�� ''' �x ..80 51 52 1 7814 SY W716 ( ✓59 1 '„, O M � 531 � 7T 53 m -\/J s'/'&1 71( ` `_ 5i S5541 � �64 m 79 3T % Imo.: I.I. _ 56 _ Imo. l _66 _ _f 79 T d 77 76 75 90 01 100 91 92 112 10 1102 4 II 1201111IP. J A8 9T ea 99 10T 93 195 11i 113 '13 87 89 95 108 104 /1 Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 'M' CLUB DINING ,6-0 121122 2y 127 I I 124 27126126 - 1 1 \\0 BALLROOM EXPANSION 03.27.2023 5. 1.7 _. 45 55 18` .1 4 55 54 19T 6' Y 1 —1—` - 97 96 95 1077e5 -BALER-0 01,1- - L 4054 SF 713 I217 � 1150 141742 1 1H_ 14T 11 Li49 15T 1741 I 1441 96135 ( 1_147148145 QII! 3'-0" CLEARANCE (TYPICAL) 3'-0" CLEARANCE (TYPICAL) NNE EXCX,EI ON OF PEOPLE MTh DEADLINE, WEAL „DANXUEr. ADA 5, OF ALL TADNEE (DIM, DAN(XlEi AND OF, „T LEA, OF NEDE m.,U NOTE IF YOU , E DNF OF OUNDOOF NE EN PEON IDE NNE 1511,115,,,NDEF, OF FIXED ADNEE ARE PRONIDED ,O5EEEIDLE LOCATION AI,DLE FOR CO,015EF,E AND NOT AlEi PEOPLE JOON DEADLINE, IN ONE AREA 0 DE IlEED ONLY DE FELT,. MTN DIEADINEED PEOPSHE IOCEISE DOOR ELJNEDIJNE IOCEISE IOCEISE PROPOSED ADA BALLROOM SEATING OPTION "BANQUET" x AIa6/ Yo 411WS7p�j Y_ 74 AR94222 7 • rfAEG 0.P�N�`� t+ 02/28/25 2�" MIN. CLEARANCE UNDERTABLE 29" MIN. RECOMMENDED CLEARANCE UNDER TABLE 2B"MIN. - 34" MAX. SURFACE Ii EIGHT 3'; ACCE58IBLE ROUTE/ CLEARANCE BETW EEN TABLES HOUSTON / TYNER 112 EXISTING KITCHEN J 1 1 . RESTROOMS 6'-0" EXIT CLEARANCE (TYPICAL) U EXISTING MEZZANINE SEATING a Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 STORAGE MTG ROOM 0 EXISTING MEETING ROOM 0 0 -{_, 91P I T_,I /T 311 5 �20 I1 ter„ ll ." 1B /< 2T 16 1 I 18 14 /1 ' 1 -\ ,= iT,,,,./42 31 ii-\ \v. ' 296 21 ZT 23 I 1 I %/C : 4T 2 ) < b 31 24 ^ /' III ��/70 61 6Y �, 3U 41 <2 I—� 31--, I _ 52 Ij�j�7 / / ._.. TT 90 / 46 5T 4� 59 6T 631 � /'t � ��'3� �4' � `-�43 µl 1� S4? 1 / / ` y 66 65/ 46 45 I 1 55 1 ill /// b / , 90 71 72� �V PROPoSEb /tj 110▪ 1'1102 ' / 7a ai 7B 1'', 73 SFF---J I /t/`/11 11T' /` 7476 r4 ` 10091 -1!,+. �511061A5/ t20 i17112� `Xi/ ,,. 81 2 1GT A3 A // 130 R1 '11 '9 /A9 96 129 122 . U / 116 12T 113 > 9T 33 a7 I 123 114 / / a B6 96 I ‘ X/' 4' . 112127 13T 124 `117 115115JX L'__ 07$6 J E '� .i26125� gi' a 139 3901411421 i 1a01511� 170161162 , I \v �'\ 136 14T 141 114a ,,,..„1 11. 153 11A9 1691 137 134 1 1145 15f 1 115a. tHt 1168 17f I 1 ‘�r1 436135 1 11471�1451N I 1 1671,, 165M 1 167 T66165 1 1 ▪ L__Li___J. L__ .L__J I EXIT `.. STAIRS BALLROOM EXPANSION 03.27.2023 3'-0" CLEARANCE (TYPICAL) PROPOSED ADA TERRACE SEATING 'HE EXCELS ON O` GEM, N DSABL'ES ENJOY NG A VEAL A=A BAND,E". 5 , 0` ALL'ABLE5 (D N NG. BANQI,E'AND AREA =0 BE 1,5ED ON, EA GEO, N Ti 0 0 tOFF4piO; Se/9 z R lGPRY ""TOM * en ! AR94222 • ? ••, eiiiO'''''�4'r 02/28/25 2� MIN. CLEARANCE UNDERTABLE 29' MIN. RECOMMENDED CLEARANCE UNDER TABLE SURFACE Ii EIGHT IL 00' ACCESSIBLE ROUTE/ CLEARANCE BETNEEN TABLES HOUSTON / TYNER 113 "��rp��dr��rr� —nl 073.111111;1311t 1011E11116 ZO"TIN2Ga i 1Z1 III l '1 11-111 VIEW 1A - MARRIOTT RESORT AND SURROUNDING PROPERTIES V19 Ingr ems l VIEW 1C - MARRIOTT RESORT, NORTH ELEVATION Miami Biscayne Bay Marriott' 1633 North Bayshore Dr., Miami, FL 33132 BALLROOM EXPANSION PICTURES OF EXISTING MARRIOTT RESORT 03.27.2023 VIEW 1B - MARRIOTT RESORT, EAST ELEVATION VIEW 1D - MARRIOTT RESORT, SOUTH ELEVATION At '4.Ftt RIn9'�t4 orowint. Gary Houston 02/28/25 HOUSTON / TYNER 3C VIEW 1A VIEW 1C Miami Biscayne Bay Marriott 1633 North Bayshore Dr., Miarni, FL 33132 VIEW 1B VIEW 1D BALLROOM EXPANSION PICTURES OF THE EXISTING OUTDOOR PATIO 03.27.2023 !Goy ektatc.,,1 I owian ; 02/28/25 "erY HOUSTON / TYNER 7C BOUNDARY SURVEY LEGAL DESCRIPTION: THE SO,H 172 FEET OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF, TRACT B OF OMNI INTERNATIONAL, PLAT BOOK 102, AT PAGE 3, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE EAST 5 6 FEET THEREOF, AND OM wNA VENETIA, THE CONDOMINIUM, ACCORDING DECLARATION OF CONDOMINIUM OF VENETIA, THE CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 14321, PAGE 694, AND AS IN OFFICIAL RECORDS BOOK 4454 PAGE 266, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENTS TO THE THAT CERTAIN CERTIFICATE OF AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM, RECORDED IN AND AS FURTHER AFFECTED BY THAT CERTAN CERTIFICATE OF AMENDMENT TO THE DECLARATION OF CONDOMNIUM OF THE GRAND, A TO DECLARATION OF CONDOMINIUM OF THE GRAND CONDOMINIUM, A CONDOMINIUM, DATED DECEMBER 7, 1993 RECORDED IN OFFICIAL RECORDS BOOK 27580, PAGE 85, ALL OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA NOTES: 4 BEARINGS SHOWN HEREON ARE BASED UPON THE CENTERLINE OF NORTH BAYSHORE DRI, AS PER THE PLAT OF "OMNI INTERNATION," IN PLAT BOOK 102, PAGE 3, MIAMI-DADE COUNTY RECORDS WITH A BEARING OF N00.14.27"E 5 SURVEY ACCURACY THE ACCURACY OBTAINED BY MEASUREMENT AND C,CULATIONS ON THIS SUR,Y, MEETS OR EXCEEDS THE MINIMUM TECHNIC, STANDAR. REQUIREMENTS FOR A COMMERCIAL/HIGH RISK SPECIFIED IN CHAPTER 5J-, OF HEELORIDAAOMINISTRATI,CODE,LDISTANCESSHOWWNE EON ARE MEASUREOOT IN 10,000 D IN FEET SPACESAND DECIM, FEET THEREOF 7 PARKING THE SUBJECT PROPERTY CONTAINS 233 REGUL. PARKNG (134 O,ETAND 99 SELF P.KIANO O HANDICAP 8 FOLIO NUMBER 01-3231-036-0021 BOUNDARY DISTANCES ARE RECORD AND MEASURED UNLESS OTHERWISE NOTED 10 NSIBLE LOCATIONS OF SURFACE UTILITIES ARE SHOWN HEREON NO ATTEMPT HAS BEEN MADE TO DETERMINE THE LOCATION, SIZE, DEPTH OR CHARACTER OF ,L UNDERGROUND UTILITIES BEFORE PERFORMING ANY SUBSURFACE WORK, SUNSHINE 11 NO UTILITY INFORMATION WAS PRONDED BY CLIENT FLORIDA 1J BUILDING ROOF 0,RHANGS ARE NOT SHOWN (UNLESS OTHERWISE NOTEO14 BUILDING DIMENSIONS MEASURED ,ONG EXTERIOR AT GROUND LEVEL TPRINT15 NO TREE OR LANDSCAPING IMPRO,MENTS SHOWN 16 THE SUBJECT PROPERTY CONTAINS 1 90191 ACRES OR 82,847 SQUARE FEET, MORE OR LESS AREA DOES NOT INCLUDE CONDOMINIUM UNITS LOCATED WITHIN THE GRAND CONDOMINIUM 18 NO OBSER,D EMDENCE OF BUILDING CONSTRUCTION 20 NO OBSER,D EMDENCE OF SITE USE AS A SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL 21 NO WETLANDS INFORMATION PROVIDED TO SUR,YOR 22 FEMA FLOOD ZONE LOCATION IS APPROXIMATE SC,ED FROM 1,500. MAP 23 ALL DOCUMENTS ARE RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA UNLESS OTHERWISE NOTED 24 THE LANDS SHOWN HEREON HAVE NOT BEEN ABSTRACTED BY THIS FIRM REGARDING MATTERS OF INTEREST OTHER PARTIES, SUCH AS EASEMENTS, RIGHTSOF-WAYS, RESERVATIONS, ETC 26 FENCE AND W,L OWNERSHIP IS NOT DETERMINED THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP BETWEEN PHYSIC, IMPROVEMENTS AND/OR LOT LINES DIMENSIONS SH,L CONTROL THE LOCATION OF THE IMPROVEMENTS OVER SCALED POSITIONS 28 ADDITIONS OR DELETIONS TO THIS SURVEY BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 29 FIELD WORK WAS COMPLETED ON 11-30-2022 30 THIS SURVEY IS: SHEETS AND IS NOT FULL AND COMPLETE UNLESS ACCOMPANIED BY ALL: SHEETS KNOW WRATH BELOW ALWAYS CALL Hll BEFORE YOU DIO SURVEY u,�A 600 SCALE 1,00' LOCATION MAP IN SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST CITY OF 1,AIA%cl,AAltEl,A1-19ADE ,C0?,UNTY, FLORIDA FEMA FLOOD ZONE: COMMUNITY NO 120650 CITY OF MIAMI PANEL NO 0316 SUFFIX L MAP NUMBER 12086C0316L FLOOD ZONES AE10 AE11 BASE FLOOD ELEVATION +10 0 FEET N G VD TYPE ...EV BOUNDARY SURVEY TITLE COMMITMENT REVIEW: WE HAVE REVIEWED THE TITLE COMMITMENT PREPARED BY FIDELITY NATIONAL TIT. INSURANCE COMPANY, WITH REGARD TO SCHEDU. B-I1 THE TIT. COMMITMENT OUR COMMENTS AREAS FOLLOWS ITEMS 1 THROUGH 7 STANDARD EXCEPTIONS CONTAINING NO PLOTTABLE MATTERS OF SURVEY ITEM 8 PLAT BOOK102 PAGE 3 CONTAINS NO PLOTTAB. EASEM THAT WOULD AFFECT THIS SURVEY ITEM 9 THE STORM SEWER EASEMENT DESCRIBED IN 0 R B 6915 PAGE 618 DOES NOT AFFECT THIS SURVEY ITEM 11 ITEM 12 ITEM 13 ITEM 14 ITEM 15 ITEM 16 THIS SURVEY THIS COVENANT ALSO REFERS TO SKETCHES, DRAWINGS, AND ADDITIONAL PLANS NO COPIES OF THIS INFORMATION WERE PROVIDED TO THIS FIRM THE AGREEMENT DESCRIBED IN 0 R B 10684 PAGE 1727 INCLUDES A REQUIREMENT FOR A 50 FOOT SETBACK FROM THE SHOREDNE OF BISCAYNE BAY WHICH IS SHOWN ON THIS SURVEY ND 'PARCEL lI WHICH Ifl TO BE CONSTRUCTED ON THE ADJACENT "PARCEL 2" WHICH IS FURTHER IDENTIFIED AS UNITS "CB FOR USED NECESSARY AND FOR CONNECTION TO "PARCEL 1" THE REMANING MODIFICATION AND TAIN NO PLOTTABLE MATTERS OF SURVEY THESE UNITS THE WATER SERVICE AGREEMENT RECORDED IN 0 R B 11303 PAGE 1632 INCLUDES THIS SURVEY THE SEWER SERVICE AGREEMENT RECORDED IN 0 R B 11303 PAGE 1657 INCLUDES THIS SURVEY IMPROVEMENTS ARE SHOWN ON THIS SURVEY ITEM 17 THE TERMS PROVISIONS RESTRICTIVE COVENANTS CONDITIONS RESERVATIONS RIGHTS AMENDMENTS PERTAIN TO CB PLAZA 2 CB PLAA 3 CB PLAZA 4 AND CB PLAZA 5 AS SHOWN IN SAID ITEM 18 ITEM 19 ITEM 20 ITEM 21 ITEM 22 ITEM 23 ITEM 24 Z,CTIL'IN'T013RNFAANRDISCITEITITNDETATBOEVIEEAGRAELg=r1IPOTIVTIjilln=rEV MATTER' RELATED ru‘SRE,MErT FOR BUILDING OVERHANG AS DESCRIBED IN 0 R B 129, PAGE 280 IS SHOWN ON THIS REGARDING ORDINANCE NO 8644 AS RECORDED IN 0 R B 12923 PAGE 2622 THIS SURVEY LIES ZTOTIITNAETITM=LOF'SUUR‘D/r DESCRIBED THEREIN, HOWEVER THERE ARE NO OTHER THIS SURVEY LIES WITHIN THE SUBJECT PROPERTY AS DESCRIBED IN EXHIBIT 2 CONTAINED IN THE STIPULATION OF SETTLEMENT RECORDED IN 0 R B 13752 PAGE 1107 RESOLUTION RECORDED IN 0 R B 16872 PAGE 1634 IS RELATED TO ITEM 20ABOVE, THERE ARE NO ADDITIONAL PLOTTABLE MATTERS OF SURVEY .ZE,Sal6ITNI,OINFRL,E,O,O,RIZED,ILIAr4 UF3g.;,."2,.,E. 2605 IS RELATED TO ITEM 20 ABOVE, THERE ARE NO THE EASEMENT RECORDED IN 0 R B 23105 PAGE 3598 IS A BLANKET EASEMENT GRANTED BY THE "GRAND CONDOMINIUM ASSOCIATION INC AND AFFECTS THE PORTION OF THIS SURVEY LOCATED WITH THE CONDOMINIUM ITEM 25 THE EASEMENT RECORDED IN 0 R B 28143 PAGE 4535 IS A BLANKET EASEMENT GRANTED BY THE WI= ==1,AjMNUMS°CIATION INC AND AFFECTS THE PORTION OF THIS SURVEY LOCATED ITEMS 26 THROUGH 28 LEGAL STIPULATIONS WHICH CONTAIN NO PLOTTABLE MATTERS OF SURVEY CERTIFIED TO: PREPARED FOP HOST HOTELS S, RESORTS, INC. SURVEY DATE 2-28-201 JOB ORDER - REVISIONS DATE JOB ORDER DESCRIPTION e PG 12522 22288 SUR,EY NOTE NO 5 FILENAME i7-1i7LN This item has been digitally signed and State ot Florida using a Digital Signature authentication code must be verified on any electronic copies fdatIrgeg THE L,wny PN SHEET OF 2 BOUNDARY SURVEY' �Iu NORTH THE GRAND A CONDOMINIUM PORTION OF THE MEZZANINE LEVEL UNITS: CB—PLAZA-2, CB—PLAZA-3, CB—PLAZA-4, CB—PLAZA-5 /jj/ = ACCESS TO UNITS = UNITS KNOW WHAT'S BELOW ALWAYS CALL 811 BEFORE YOU DIG ORTH 'AMENDED PLAT OF MIRAMAR—PLAZA' PLAT BOOK 33. PACE TR —,NOATH LINE Or D, LAPOI NEI6TH STREET 'AMENDED PLAT OF BISCAYNE PARK ADDITION" PUT BOOK q E 22 oxrven IA.,„ EP 3soPu wuon 889.59.02 8 UNS^ BDSVIDED R I VV A1= ACCESS TO UNIT 1= UNIT NORTH NEI6THSTREET1' _ ORTH "PLAZA BOOK VENETIA PHASE 1" PLAT PACE 91 I= UNIT THE GRAND A CONDOMINIUM THE GRAND, A CONDOMINIUM PORTION OF PARKING LEVEL BB UNIT: CB—PLAZA-2 PORTION OF PARKING LEVEL AA UNIT: CB—PLAZA-2 TAPE. *PRA., BOUNDARY SURVEY LEGEND: m CONCRETE COLUMN BRICK PAVERS CONCRETE CONCRETE WALL 8 CITY OF MIAMI MONUMENTLINE PREP.. roR. HOST HOTELS & RESORTS INC JOB ORDER 11 APE NO 6-2383 DATE JOB ORDER DESCRIPTION B PG 22.288 SURVEY NOTE NO 5 CITA SEAL SHEET 2 OF 2 Planning Department 444 SW 2nd Avenue, 3rd Floor, Miami FL - 33130 Special Permits Checklist Special Appearance If you are submitting a request for this application type, the below documents and/or plans are required to be submitted to meet the Planning Department's minimum requirements. Document Description Doc/Drawing Document Name Special Notes/Comments Required/Optional Index for Documents Document PZD-0 This is a table of contents for the documents you are uploading. It should contain the Document Name and Document Description Required Index for Drawings Document A-0 This is a table of contents for the drawings you are uploading. It should contain the Drawing Name and Drawing Description Required Special Appearance Application (Signed by Owner or Owner Representative Document PAP-1 This section is intentionally left blank Required Signed Letter of Intent (Describe Nature of Application) Document PZD-1 The letter of intent (LOI) must indicate how the Use conforms to standards related to proposed use and transect zone. LOI must be consistent with the plans and include: •Reference applicable Miami 21 Code section for request •Property address, folio number, and description the property •The existing and proposed uses on the property Required 1 Planning Department 444 SW 2nd Avenue, 3rd Floor, Miami FL - 33130 Document Description Doc/Drawing Document Name Special Notes/Comments Required/Optional •Proposed square footage of the interior and exterior area and include aggregated square footage Survey with BBL established by PW (Signed and Sealed within one year of application date) Drawing V-1 Should applicant not have BBL designated this should not be a reason for rejection rather the Zoning Department should refer to the PW- BBL discipline in ProjectDox. Required Signed and Sealed Site Plans Drawing A-1 This section is intentionally left blank Required Signed and Sealed Elevation Plan and Renderings Drawing A-2 This section is intentionally left blank Required Recorded Deed (legal description must match survey) Document PZD-2 This section is intentionally left blank Required Legal Description Title in Packet: Exhibit "A" Document PZD-3 This section is intentionally left blank Required Min of two photos (within 6 Months) Document PHO-1 PDF or JPEG format only, keyed to the site plan Required Voluntary Covenant (Word) Document PZD-4 This section is intentionally left blank Required Complete list of all folio number(s) and property address(es) Document PZD-5 For applications with more than one folio number, you must upload a PDF document that includes all the folio numbers and City Optional addresses. Some properties have a separate City of Miami and Miami -Dade County address. Only use the City 2 Planning Department 444 SW 2nd Avenue, 3rd Floor, Miami FL - 33130 Document Description Doc/Drawing Document Name Special Notes/Comments Required/Optional of Miami address for the application. Search City of Miami folios and addresses through the City online GIS tool. Pre -Application Summary Report Document PZD-6 Required Acknowledgement by Applicant Document HB-2 Downloadable from Hearing Boards webpage. Required for public hearing process. Lobbyist Registration Document HB-3 Downloadable from Hearing Boards webpage. Required, if applicable, for public hearing process. Signed and Notarized Affidavit of Authority to Act Document HB-4 Downloadable from Hearing Boards webpage. Required for public hearing process. Disclosure of Agreement to Support or Withhold Objection Document HB-5 Downloadable from Hearing Boards webpage. Required for public hearing process. Disclosure of Ownership Document HB-6 Downloadable from Hearing Boards webpage. Required for public hearing process. Disclosure of all Contract Purchasers Document HB-7 In the event the Property is under a sales contract, then this document needs to be completed for all the contract Purchasers. Required for public hearing process, as applicable. Certificate of Status from Tallahassee Document HB-8 Certificate of Good Standing from the State of Florida Required for public hearing process. Corporate Resolution or Power of Attorney ("POA") Document HB-9 Applicants who are submitting on the Owner's behalf Required for public hearing process. 3 Planning Department 444 SW 2nd Avenue, 3rd Floor, Miami FL - 33130 Document Description Doc/Drawing Document Name Special Notes/Comments Required/Optional Corporate Resolution or Power of Attorney ("POA") from all Contract Purchasers Document HB-10 In the event the Property is under a sales contract, then this document needs to be completed by all the contract Purchasers. Required for public hearing process, as applicable. Non -profits only: List of Board of Directors Document HB-11 List of Board of Directors for the Owner Required for public hearing process, as applicable. Non -profits, only: List of Board of Directors, for all Contract Purchasers Document HB-12 List of Board of Directors for all contract Purchasers. Required for public hearing process, as applicable. Disclosure Affidavit of No Monies Due to the City Document PZD-30 See Permitting Forms & Documents service page Required for public hearing process. 4 CFN: 20170173293 BOOK 30473 PAGE 4310 EXHIBIT A LEGAL DESCRIPTIONS THE SOUTH 172 FEET OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF, TRACT B OF OMNI INTERNATIONAL, PLAT BOOK 102, AT PAGE 3, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE EAST 5.6 FEET THEREOF; AND CB-PLAZA-2, CB-PLAZA-3, CB-PLAZA-4, CB-PLAZA-5, IN THE GRAND, A CONDOMINIUM (F/K/A VENETIA, THE CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM OF VENETIA, THE CONDOMINIUM), DATED MAY 12, 1986, FILED FOR RECORD JUNE 9, 1986 IN OFFICIAL RECORDS BOOK 12917, AT PAGE 280, AS AFFECTED BY THAT CERTAIN CERTIFICATE OF THE DEVELOPER FOR AN AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF VENE IIA, THE CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 14321, PAGE 694, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF VENETIA, THE CONDOMINIUM AND TO EXHIBIT "E" TO SAID DECLARATION WHICH IS THE BY LAWS OF VENETIA CONDOMINIUM ASSOCIATION, INC., RECORDED IN OFFICIAL RECORDS BOOK 14490, PAGE 266, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM, AND TO EXHIBIT "E" OF SAID DECLARATION, WHICH IS THE BY LAWS OF THE GRAND CONDOMINIUM ASSOCIATION, INC., RECORDED IN OFFICIAL RECORDS BOOK 14746, PAGE 304, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM, RECORDED IN OFFICIAL RECORDS BOOK 14806, PAGE 2425, AND AS FURTHER AFFEL I ED BY THAT CERTAIN AFFIDAVIT RECORDED IN OFFICIAL RECORDS BOOK 14884, PAGE 8, AND AS FURTHER AFFECTED BY THAT CERTAIN AFFIDAVIT RECORDED IN OFFICIAL RECORDS BOOK 16007, PAGE 3600, AND AS FURTHER AFFECTED BY THAT CERTAIN CERTIFICATE OF AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF THE GRAND, A CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 16213, PAGE 775, AND AS FURTHER AFFECTED BY THAT CERTAIN RESOLUTION OF THE BOARD OF DIRECTORS OF THE GRAND CONDOMINIUM ASSOCIATION INC. RESCINDING AND TERMINATING CERTIFICATE OF AMENDMENT TO DECLARATION OF CONDOMINIUM OF THE GRAND CONDOMINIUM, A CONDOMINIUM, DATED DECEMBER 7, 1993 RECORDED IN OFFICIAL RECORDS BOOK 27580, PAGE 285, ALL OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND A PORTION AT TRACT "B", OMNI INTERNATIONAL, AS RECORDED IN PLAT BOOK 102, AT PAGE 3, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT "B"; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS WEST ALONG THE WEST BOUNDARY OF SAID TRACT "B" FOR 246.12 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 42 SECONDS EAST ALONG A LINE 172.00 FEET NORTH OF AND PARALLEL TO THE SOUTH BOUNDARY OF SAID TRACT "B" FOR 154.56 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 89 DEGREES 59 MINUTES 42 SECONDS EAST ALONG THE PREVIOUSLY DESCRIBED COURSE FOR 330.28 FEET; THENCE NORTH 1 DEGREE 49 MINUTES 39 SECONDS EAST ALONG A LINE 5.60 FEET WEST OF AND PARALLEL TO THE EAST BOUNDARY OF SAID TRACT "B" FOR 14.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 42 SECONDS WEST ALONG A LINE 186,00 FEET NORTH OF AND PARALLEL TO THE SOUTH BOUNDARY OF SAID TRACT "B" FOR 330.73 FEET; THENCE SOUTH 0 DEGREES 00 MINUTES 18 SECONDS EAST FOR 14.00 FEET TO THE POINT OF BEGINNING. ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 7. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Acknowledgment by Applicant Updated 08.13.2020 Page 1 of 4 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. Michael L. Rock, Manager Applicant(s) Name Printed Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this , 20 by (name of person acknowledging), who is personally known to me or who has produced as identification. [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this 20 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a State of Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires: Acknowledgment by Applicant Updated 08.13.2020 Page 2 of 4 STATE OF FLORIDA-COUNTY OF The foregoing instrument was acknowledged before me by means of'1 physical presence or 0 online notarization, this "0/ 3I other 20 24 by Michael L. Rock (name of member, manager, officer or agent, title of member, manager, officer or agent), of BISCAYNE BAY LAND EAT LLC (name of company acknowledging), a State of Delaware Floridd limited liability company, on behalf of the company, who is personally known to me or has produced as identification. [Notary Seal] Notary PumitLISSA A. DURBIN NOTARY PUBLIC ■ LL C iN i ` MA YLAND NaM 8, 2026 t t • • My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this 20_ by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification. [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires Acknowledgment by Applicant Updated 08.13.2020 Page 3 of 4 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this , 20 by (name of attorney in fact) as attorney in fact, who is personally known to me or who has produced as identification on behalf of (name of principal). [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this , 20 by _ (name and title of position), who is personally known to me or who has produced as identification. [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires: Acknowledgment by Applicant Updated 08.13.2020 Page 4 of 4 Note: Annual Registration Expires on 12/31/2022 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: Ka s d i n, N e i s e n (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YESO (vou must check YES or NO) Business Phone:305-982-5629 Email: neisen.kasdin@akerman.com Business Address (include Zip Code): 98 SE 7 Street, Suite 1100 Miami, FL 33131 (2) Principal Represented: Host Hotels & Resorts, LP (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 600 B ri c ke I I Avenue, Suite 1720 Miami, FL 33131 (3) 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". n/a (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a sepaarate 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 2020). Land use, zoning and permitting matter for 1633 N. Bayshore Drive, Miami, FL 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. 11/2021) (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". none 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, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). 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. STATE OF Florida COUNTY OF Miami -Dade Signature of Lobbyist Sworn to (or affirmed) and subscribed before me by means of nphysical presence orn online notarization, this 19 day of September 2022 by Neisen Kasdin (Month) (Year) X Personally Known: OR Produced Identification: (Name of person making statement) Type of Identification Produced: Name of Notary Typed, Printed or Stamped OTARY SEAL att uik, MAR GONZALEZ } � Commission # GG 348492 Expires October 22, 2023 % op Fed Bonded Thru Budge! Notary Services FOR OFFICE USE ONLY: Check # Receipt # CM-LRF (Rev. 11/2021) Page 2 of 2 Certificate of Completion This is to certify that Neisen Kasdin has satisfactorily fulfilled the requirements for lobbyist training under section 2-11.1 (s), Miami -Dade County Code, by participating in Miami -Dade Ethics Training Certificate conducted by the Miami -Dade Commission on Ethics and Public Trust on This Certificate is valid through January 12, 2022 to January 12, 2024 Jose Arrojo, Executive Director Miami -Dade Commission on Ethics and Public Trust Note: Annual Registration Expires on 12/31/2022 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: Crowley, Thomas Spencer (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES 0 (vou must check YES or NO) Business Phone:305-982-5549 Email: spencer.crowley@akerman.com Business Address (include Zip Code): 98 SE 7 Street, Suite 1100 Miami, FL 33131 (2) Principal Represented: Host Hotels & Resorts, LP (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 600 Brickell Avenue, Suite 1720 Miami, FL 33131 (3) 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". - n/a (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 2020). Land use, zoning and permitting matter for 1633 N. Bayshore Drive, Miami, FL 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. 11/2021) (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 4f a' City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobliy.. Attach -separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". none 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, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). 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. STATE OF Florida COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me by means of of September 2022 (Month) (Year) Signature of NA ublic Personally Known: x Type of Identification Produced: by T. Signature of Lobbyist physical presence or online notarization, this 19 day Spencer Crowley OR Produced Identification: (Name of person making statement) Name of Notary Typed, Printed or Stamped V P& or (NOTARY SEAL) MARIA GONZALEZ Commission # GG 348492 Expires October 22, 2023 Homo Thni tu40 Miry WY WI FOR OFFICE USE ONLY: Check # Receipt # CM-LRF (Rev. 11/2021) Page 2 of 2 Certificate of Completion This is to certify that Thomas Spencer Crowley has satisfactorily fiefilled the requirements for lobbyist refresher training under Section 2-11.1 (s), Miami -Dade County Code, by participating in Professionalism and Ethics Seminar for Lobbyists conducted by the Miami -Dade Commission on ..Ethics and Public Mist on November 17, 2021 — November 17, 2023 f - _ Jose Atrojo, Exec five irc r Miami -Dade Commission oT Ethics & Public Trust AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Michael L. Rock who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, including or 0 not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: Biscayne Bay Land Eat LLC 4747 Bethesda Avenue, Suite 1300 Bethesda, MD 20814-5584 Further Affiant sayeth not. rn i ch2d L Rou. Applicant(s) Name Printed Applicant(s) Signature ivKytANo — irlioThotnaiV STATE OF-FLeRt5A -- COUNTY OF MIAMI DADE The foregoing was acknowlec ed before me this /d day of /7tho 20 , by M/ OWN L • Ord< _ who is a(n) individual/partner/agent/corporation of FL.LCa(n) individual/partnership/corporation. a She is ersonally flown to e or 0 who has produced as identificatio and who t2did 0 did not take an oath. (S,tarnp) viziwa_ a aith.p,'.. Signature MELISSAA. DURBfN NOTARY PUBLIC ND MyCommiL ssion ssCO Expires AP B,22016 Rev. 10-18 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Middle Name: Last Name: Home Address: Home Address Line 1: Home Address Line 2: City: State: Florida Zip: Contact Information: Home Phone Number: CeII Phone Number: Fax Number: Email: BUSSINESS or APPLICANT or ENTITY NAME BISCAYNE BAY LAND EAT LLC Address Line 1: 4747 Bethesda Avenue, Suite 1300 Address Line 2: Bethesda Maryland 20818 Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Special Appearance application for release of voluntary covenant and waiver of waterfront setback Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1 the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name Michael L. Rock Signature Sworn to and subscribed before me this /6 day of �+C I- , 241 The foregoing instrument was acknowledged before me by / ea L. idot who has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA f047/44AVJ EXPIRES: t: 79, Di-7YJc I' C-7C G `% MELISSA A. DURBIN NOTARY PUBLIC CARROLL COUNTY, MARYLAND My Commission Expires Aprii 8, 2026 Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) BISCAYNE BAY LAND EAT LLC Percentage of Ownership See Attached Exhibit "A" Subject Property Address(es) 1633 N. Bayshore Drive, Miami FL 33132 List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): See attached Exhibit "B" &Med L. /'Qt -ee_ /SY Owner(s) or Attorney Name Owners) or Attorney Signature gket'c/i,lb rtiON76"P STATE OF.ELORIDA -- COUNTY OF - The fore/ding was acknowledged befo a me this /f day of by U , '1id2L�1 who is a(n) individual/partne agent/corporation of Aga. 1t?e 11Lt La F / 1 a(n) individual/partnership/corporation. i /She is q ersonally known to me or 0 who has produced as identification and who Vdid 0 did not take an oath. Lit:.. Signature MELISSA A. DURBIN NOTARY PUBLIC CARROLL COUNTY, MARYL.AND My Commission Expires April 8, 2026 (Stamp) Rev. 10-18 #898795 Biscayne Bay Land Eat LLC - Ownership Structure 1% I/ Host Hotels & Resorts, L.P. Biscayne Bay Land Eat LLC Biscayne Bay Land State of Florida Department of State I certify from the records of this office that HOST BISCAYNE BAY LAND LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on March 21, 2017. The document number of this limited liability company is M17000002360. I further certify that said limited liability company has paid all fees due this office through December 31, 2024, that its most recent annual report was filed on August 20, 2024, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-ninth day of October, 2024 wl Secretaty of tote Tracking Number: 0562686989CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication WRITTEN CONSENT OF HOST BISCAYNE BAY LAND LLC The undersigned, being Authorized Person of HOST BISCAYNE BAY LAND LLC, a Delaware limited liability company (the "Company"), does hereby consent and agree to the adoption of, and does hereby adopt, the following resolutions of the Company in lieu of holding a meeting in accordance with the governing documents of the Company, and directs that these resolutions be filed in the records of the Company: WHEREAS, in regard to the Company's property at 1633 N. Bayshore Drive in Miami, Florida, the undersigned Manager deems it advisable and in the best interests of the Company for the Company to join in and submit an application to the City of Miami seeking approval of an Special Appearance generally prepared in accordance with the application forms published by the City of Miami (collectively, the "Application"); and WHEREAS, in connection with the preparation, filing and formal review and processing of the Application, including without limitation the execution and delivery of any and all documents and forms required for the Application, the undersigned Manager deems it advisable and in the best interests of the Company for the Company to grant Spencer Crowley, Esq., Neisen Kasdin, Esq., Nicholas Barshel, Esq. and Cecilia Torres -Toledo, Esq. a power of attorney pursuant to that certain Power of Attorney attached hereto as Exhibit A (the "Power of Attorney"). NOW THEREFORE, BE IT RESOLVED, that the Application and the Power of Attorney are hereby authorized, approved, adopted, confirmed and ratified in all respects; FURTHER RESOLVED, that any member, Authorized Person, officer or other authorized representative of the Company (each being referred to herein as an "Authorized Person% be and hereby is, authorized and empowered to execute and deliver on behalf of the Company any and all agreements, instruments, certificates or documents necessary to consummate or effectuate the Application and the Power of Attorney, in the name and on behalf of the Company; FURTHER RESOLVED, that each Authorized Person is hereby authorized, empowered and directed, in the name and on behalf of the Company to make or cause to be made, and to execute and deliver, all such agreements, documents, instruments and certifications, and to do or cause to be done all such acts and things, and to take all such steps, as he or she may at any time or times deem necessary or desirable in order to carry out the intent and purposes of the foregoing resolutions; and FURTHER RESOLVED, that the authorities and approvals hereby conferred shall be deemed retroactive, and any and all acts authorized and approved herein that were performed prior to the passage of this resolution be, and they hereby are, approved, ratified and confirmed in all respects. [Signature on following page] 60780533;1 78541026;1 IN WITNESS WHEREOF, the undersigned has executed this Written Consent as of the "j 0 day of October, 2024. HOST BISCAYNE BAY LAND LLC C-7. By: Name: Michael L. Rock Title: Manager of Host Biscayne Bay Land LLC 60780533;1 78541026;1 Date Y (Cite DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): Michael L. Rock, Manager of Host Biscayne Bay Land LLC Address/ City / State / Zip: 1 633 N. Bayshore Drive, Miami FL 33132 Phone No: 305-982-5547 Email: nichoias.barshel@akerman.com Michael L. Rock (please check one of the following): [ l homestead properties. , hereby certify that all the addresses listed on this application are [ ) non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. Pi non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): Invoices paid and violation has active application to cure as confirmed by City. Invoices paid and violation has active application to cure as confirmed by City. Invoices paid and violation has active application to cure as confirmed by City. Invoices paid and violation has active application to cure as confirmed by City. Invoices paid and violation has active application to cure as confirmed by City. I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. ._.:Sigrizity.ye of the Property Owner Safe of y)?cta, land' auntiy of. t]aan -Dude Moy-ciarrn Sw rn to and subscribed befor e by means of _r/',ph sical presence OR online notarization this .30 day of (JMb(r 20 by / 7rd , / % ,WOric Personallyknown 1,,or Produced Identification ( ) Type of Identification produced (SEAL) MELISSA A. DURBIN NOTARY PUBLIC CARROLL COUNTY, MARYLAND My Commission Expires April 8, 2026 Page 1of1 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that HOST BISCAYNE BAY LAND LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN KASDIN, ESQ., SPENCER CROWLEY, ESQ., NICHOLAS BARSHEL, ESQ. and CECILIA TORRES-TOLEDO, ESQ. its true and lawful attorneys in its stead to execute all documents and instruments required with respect to a Special Appearance application for the property located at 1633 N. Bayshore Drive in the City of Miami, submitted to the City of Miami Planning Department, giving and granting unto NEISEN KASDIN, ESQ., SPENCER CROWLEY, ESQ., NICHOLAS BARSHEL, ESQ. and CECILIA TORRES-TOLEDO, ESQ. its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the aforementioned Special Appearance application as fully, to all intents and purposes, as it might or could do if personally present (including, without limitation, preparing, executing and filing all documents and applications), with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 2024. Signed and delivered in the presence of: STATE OF COUNTY OF 11/rlL' } ) SS: day of October HOST BISCAYNE BAY LAN B Name: Michael L. Rock Title: Manager of HOST BISCAYNE BAY LAND LLC The foregoing instrument was acknowledged before me this day of October, 2024, by Michaelie Rock, as Manager for HOST BISCAYNE BAY LAND LLC, who appeared by means of [ ] hysical presence or [ ] online notarization, and is [ ] personally known to me [ ] or who has produced a as identification. ' l! Li N TARY PUBLIC _Pint Name: MELISSA A. DURBIN My comer_ scion expires: NOTARY MAIM CARROLL COUNTY, MARYLAND My Commission Lxpiea April 8, 2026 60780533;1 78541026;1 ci- 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 diana@rdrmiami.com 305.498.1614 October 29, 2024 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Property owner information required for public hearing mail noticing (500' radius): 1633 N. Bayshore Drive, Miami, FL 33132 (Folio: 01-3231-036-0021) Total number of property owners, excluding individual condos, including associations: 20 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, Diana B. Rio RDR Miami I Rio Development Resources 305.498.1614 diana@rdrmiami.com OWNER'S NAME(S) BISCAYNE BAY LAND EAT LLC C/O RYAN LLC BISCAYNE BAY LAND EAT LLC C/O RYAN LLC CITY OF MIAMI CITY OF MIAMI DIOCESE OF SOUTHEAST FL INC HILL BROW LLC HILL BROW LLC HILL BROW LLC MIAMI DADE COUNTY MIAMI DADE TRANSIT MIAMI MARINA VENTURES LLLP MIAMI MARINA VENTURES LLLP ONE MIAMI BISCAYNE BAY AND ART DISTRICT HOTEL LLC OPERA TOWER CONDOMINIUM ASSOCIATION, INC. RESORTS WORLD MIAMI LLC RESORTS WORLD MIAMI LLC THE GRAND CONDOMINIUM ASSOCIATION, INC. ATTN: RAFFI-CONDO OFFICE THE GRAND CONDOMINIUM ASSOCIATION, INC. THE MIAMI WOMAN'S CLUB TRINITY EPISCOPAL CATHEDRAL INC VENETIA CONDOMINIUM ASSOCIATION, INC. MANAGER'S OFFICE/CU20 MAILING STREET ADDRESS CITY STATE ZIP CODE COUNTRY PO BOX 4900 PO BOX 4900 444 SW 2ND AVE 3RD FLOOR 444 SW 2ND AVE 3RD FLOOR 555 NE 15 ST STE 934 110-00 ROCKAWAY BLVD 110-00 ROCKAWAY BLVD 110-00 ROCKAWAY BLVD 701 NW 1 CT STE 1700 150 SE 2 AVE 800 150 SE 2 AVE 800 9547 BLANDFORD RD 1750 N BAYSHORE DR STE 100 11000 ROCKAWAY BLVD 11000 ROCKAWAY BLVD 1717 N BAYSHORE DR 1717 N BAYSHORE DR APT 3440 1737 N BAYSHORE DR 464 NE 16 ST 555 NE 15 ST SCOTTSDALE AZ SCOTTSDALE AZ MIAMI FL MIAMI FL MIAMI FL JAMAICA NY JAMAICA NY JAMAICA NY MIAMI FL MIAMI FL MIAMI FL ORLANDO FL MIAMI FL JAMAICA NY JAMAICA NY MIAMI FL MIAMI FL MIAMI FL MIAMI FL MIAMI FL 85261 85261 33130 33130 33132 11420 11420 11420 33136 33131 33131 32827 33132 11420 11420 33132 33132 33132-1181 33132 33132 USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA USA FOLIO NUMBER FOLIO NUMBER ' 0132310360021 ' 0132310360023 ' 0132310010021 ' 0132310030520 ' 0132310100010 0132310031150 0132310050010 0132310570001 01-32310800010 ' 0132310000110 ' 0132310360022 ' 0132310090010 0132310650001 ' 0132310540010 ' 0132310750010 0132310480001 0132310480001 ' 0132310040030 ' 0132310060210 0132310520001 ' 0132310360021 ' 0132310360023 ' 0132310010021 ' 0132310030520 ' 0132310100010 0132310031150 0132310050010 0132310570001 01-32310800010 ' 0132310000110 ' 0132310360022 ' 0132310090010 0132310650001 ' 0132310540010 ' 0132310750010 0132310480001 0132310480001 ' 0132310040030 ' 0132310060210 0132310520001 LEGAL DESCRIPTION OMNI INTERNATIONAL PB 102-3 S172FT OF TR B LESS E5.60FT LOT SIZE 82847 SQ FT OR 17397 OMNI INTERNATIONAL PB 102-3 PORT OF TR B BEG 246.12FTS & 154.56FTE OF NW COR OF TR 31 53 42 2.58 AC M/L CORAL PARK PB 2-66 LANDS LYG ELY & ADJ TO LOTS 1 & 2 EXTDG TO BLK 31 53 42 MIRAMAR PB 5-4 THAT 15FT STRIP LYG ELY OF BLKS 7 & 8 & BEING CONTIG TO BISC B NELSON VILLA GDN OF EDEN RESUB AMD PB 30-20 LOTS 4 THRU 11 BLK 1 LOT SIZE 22500 SQ F MIRAMAR PB 5-4 BEG SE COR LOT 1 W151 FT NELY95.48FT SELY130FT M/L TO POB BLK 14 & PR RICE SULLIVANS SUB PB 4-64 LOT 4 BLK 2 AND PROP INT IN & TO COMMON ELEMENTS NOT DE OMNI CONDOMINIUM OMNI INTERNATIONAL PB 102-3 TRS A AND C LOT SIZE 488067 SQ FT F/A/ 0011 0020 0030 0040 0050 & 0060 REF FOLIOS AU 01 3136 005 1050 31 53 42 8.133 AC M/L PORT OF BISCAYNE BAY LYG IN SEC 31 DESC AS EG AT X OF DADE CO B OMNI INTERNATIONAL PB 102-3 E5.6FT OF TR B & COMM AT X OF DADE CO BULKHEAD LINE OF RE -SUB OF PORT OF NELSON VILLA SUB & GARDEN OF EDEN PB 9-174 LOTS 1 TO 3 INC BLK 1 I OPERA TOWER CONDO SEAPORT PB 149-79 LOT 2 BLK 1 AS DESC IN DECL OR 26127-0872 LOT KNIGHT RIDDER #1 PB 151-78 T-19697 TR A LESS PORT DESC BEG X OF S/L & W/L OF TR A TH RESORTS WORLD MIAMI ONE PB 170-055 T-23288 TR A LESS PORT DESC BEG SW COR TR A TF THE GRAND F/K/A VENETIA OMNI INTERNATIONAL PB 102-3 A PORT OF TR B LESS E5.6FT BEG I THE GRAND F/K/A VENETIA OMNI INTERNATIONAL PB 102-3 A PORT OF TR B LESS E5.6FT BEG I 31 53 42 MIRAMAR PLAZA AMD PL PB 33-18 ALL LOT 3 LESS S20FT E OF ORIGINAL SHORE & LO- BISC PARK ADD PB 4-22 & 2-24 LOT 33 LESS E177.6FT & LOT 34 LESS E175FT & LOT 23 LESS El VENETIA CONDO PLAZA VENETIA PHASE I PB 107-91 TRACT A B E330.28FT N14FT W330.73FT S14 FT TO POB LESS PORT LYING BTWN AN ELEVATION OF ' ULKEAD IN PB 74-18 W NLY R/W/L OF NE 15 ST OF PB 107-91 TH N 03 DEG E 766.59FT E17.99 PB 74-18 W NLY R/W/L OF NE 15 ST OF PB 107-91 N 03 DEG E 383.92FT E322.87FT FOR POB NW COR TR B E250FT N20FT E242.30FT S252.26 W330.73FT S14FT W154.6FT N246.12FT TO F NW COR TR B E250FT N20FT E242.30FT S252.26 W330.73FT S14FT W154.6FT N246.12FT TO F 73FT & LOT 24 LESS E172.15FT OF NELSON VILLA SUB PB 4-81 LOT SIZE 58600 SQ FT M/L 'OB & AN EASEMENT 'OB & AN EASEMENT 10/30/24, 12:03 PM City of Miami Payments Success. Confirmation #165147027 An email confirmation has been sent to emma.knight©akerman.com PAYMENT METHOD 0095 CONTACT INFORMATION Anna Volkova 98 Southeast Seventh Street, Suite 1100 Miami, FL 33131 emma.knight©akerman.com CUSTOMER NUMBER OPTION AMOUNT 27115_95935041 Full Amount $457.05 Processing Fees $0.00 Total: $457.05 https://www. payd ici. co m/city-of-miam i-fl/orders/278766693/print_recei pt 1/1 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens 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 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 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 Page 1 of 5 City of Miami Emma Knight 98 Southeast Seventh Street, Suite 1100 Miami, FL FL 33131 Property Search Notice 10/29/2024 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: 10/29/2024. 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: 01-3231-036-0021 Property Address: 1633 N BAYSHORE DR Legal Description: OMNI INTERNATIONAL PB 102-3 S172FT OF TR B LESS E5.60FT LOT SIZE 82847 SQ FT OR 17397-3029 0996 6 (6) Amount Payable On: 10/31/2024 to 11/28/2024 477.82 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 2nd Avenue, 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 2 of 5 City of Miami Emma Knight 98 Southeast Seventh Street, Suite 1100 Miami, FL FL 33131 10/29/2024 Folio Number: 01-3231-036-0021 Property Address: 1633 N BAYSHORE DR Legal Description: OMNI INTERNATIONAL PB 102-3 S172FT OF TR B LESS E5.60FT LOT SIZE 82847 SQ FT OR 17397-3029 0996 6 (6) Property Search Findings - Pending Liens Lien No. (Case Number) Description Address US2002407 (BB2022002407) AL 17-Building Department /Demolition L 1633 N BAYSHORE Contact: Contact Unsafe Structure at 305-416-1177 DR If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami Emma Knight 98 Southeast Seventh Street, Suite 1100 Miami, FL FL 33131 10/29/2024 Folio Number: 01-3231-036-0021 Property Address: 1633 N BAYSHORE DR Legal Description: OMNI INTERNATIONAL PB 102-3 S172FT OF TR B LESS E5.60FT LOT SIZE 82847 SQ FT OR 17397-3029 0996 6 (6) Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due 9593504 27115 Certificate of Use/Fire Safety P 457.05 Sub -Total 457.05 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Violation: - Folio Number: 01-3231-036-0021 Property Address: 1633 N BAYSHORE DR Contact: (305) 416-1177 System CityView Case Number BB2022002407 Case Status Open Violation Desc Failure to obtain the required 40-50-Year Recertification Process Violation Status Open Code Section Inspector RRamos Violation Date 30-APR-2022 Date Issued 30-APR-2022 Ticket Number Date Compliance Due 27-SEP-2022 Page 5 of 5 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 995929 Transaction Date: Jul 13 2023 11:39AM Permit Number: PZ2316064 FEE SUMMARY HOST BISCAYNE BAY LAND LLC 4747 BETHESDA AVENUE (305)982-5538 Fee Category Fee Code Fee Description Quantity Unit Type Amount PLANNING MS-429 OTHER APPLICATION REQUIRING CITY COMMISSION REVIEW ONLY 0.0000 N/A $1,250.00 Total: $1,250.00 Rev. Jul/02/2012 Generated on Jul/13/2023 11:39 AM CEi#n of C .hzanti BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 1050399 Transaction Date: Jan 30 2024 10:57AM Permit Number: PZ2316064 FEE SUMMARY Nicholas Barshel HOST BISCAYNE BAY LAND LLC 4747 Bethesda Avenue cecilia.torres-toledo@akerman.com (305)982-5538 Fee Category Fee Code Fee Description Quantity Unit Type Amount PLANNING MS-338 PLANNNG RE -REVIEW FEE 1.0000 REVIEWS $495.00 Total: $495.00 Rev. Jul/02/2012 Generated on Jan/30/2024 10:56 AM 11/4/24, 5:20 PM City of Miami Payments Success. Confirmation #165515167 An email confirmation has been sent to emma.knight©akerman.com PAYMENT METHOD 0095 CONTACT INFORMATION Anna Volkova 98 Southeast Seventh Street, Suite 1100 Miami, FL 33131 emma.knight©akerman.com TRANSACTION ID OPTION 1132933 Processing Fees Total: Balance Due AMOUNT $3,024.50 $0.00 $3,024.50 https://www. payd ici. co m/city-of-miam i-fl/orders/188688973/print_recei pt 1/1 Department of Finance Online Payments Receipt Your Reference Number: 2023199001-71 07/ 18 O2 3 10:10 55 AM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2023199001-71-1 TRANS I D : 995929 BUSINESS NAME CCIIPOL Lien Search $1,250.00 FEE NAME: OTTER APPLICATION REQUIRING CITY COMMISSION REVIEW ONLY TOTALAMOUNT: i.p25O.O0 PAYMENT Visa Credit Sale CARD NUMBER: 4•*t4"* ' 6141 FIRST NAME: Jessica LAST NAME: ROdl $1,250.00 :C L:Xt 3199CC Torres -Toledo, Cecilia (Assoc-Mia) From: Martinez, Yaima <Yaima.Martinez@marriott.com> Sent: Friday, April 5, 2024 8:12 AM To: Adam, Julia Cc: Roth, Daniel Subject: RE: Marriott: Biscayne Bay -- Ballroom Permitting Good morning: Please see below receipt for payment completed. Thank you ti�t� r��•• a, Mill Pyi11111 * :8=51 I., {} Department of Finance Online Payments Receipt :ur Reference Number: 2024094001-398 04/03/2024 4:19:18 PM Web_u se r TRANSACr1QNS If you have a Transaction ID, please click here 2024094001-398-1 TP.=NS ID: 1,050399 BUSINESS NAME: COM Lien Search 5495.0 S495.0J FEE `LAME: PL NNNG RE -REVIEW FEE TOTAL AMOUNT: $495.0 PAYMENT Visa Credit Sale CARD Nu ABER: xzzxxx"*'*6141 FIRST NAME: jessi€al LAST radri°uez II II qicE111110 II I $495.0 1 From: Adam, Julia <Julia.Adam@hosthotels.com> Sent: Wednesday, April 3, 2024 4:30 PM To: Martinez, Yaima <Yaima.Martinez@marriott.com>; Piedrahita, Sandra <Sandra.M.Piedrahita@marriott.com> 1 Department of Finance Online Payments Receipt Your Reference Number: 2023275001-365 10/02/2023 3:42:18 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here $295.00 2023275001-365-1 TRANS ICE; 1008174 BUSINESS NAME: COM Lien Search S295.0C FEE NAME: ZONING STAFF REVIEW TOTAL AMOUNT: $295.0( PAYMENT Visa Credit Sale CARD NUMBER; rxx'xx± xx{2928 FIRST NAME: ERII{+A LAST N. RCNDO I S295.0C 73024978;1 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 1008174 Transaction Date: Aug 24 2023 2:31 PM Permit Number: PZ2316064 FEE SUMMARY Host Biscayne Bay land LLC 1633 N Bayshore Dr toledo@akerman.com (305)982-5547 Fee Category Fee Code Fee Description Quantity Unit Type Amount ZONING MS-562 ZONING STAFF REVIEW 0.0000 N/A $295.00 Total: $295.00 Rev. Jul/02/2012 Generated on Aug/24/2023 2:32 PM