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HomeMy WebLinkAboutAppeal DocumentsSubmit an Appeal to the City Commission, PZAB, or HEPB Submitted on Receipt number Related form version 3 February 2025, 3:54PM 173 18 Submitting your Appeal to the City Commission, PZAB, or HEPB On what date was either the administrative decision/interpretation issued, the CU revocation or denial letter dated, or the resolution rendered? (click calendar icon). 12/03/2024 Proof of payment for appeal, noticing, and advertising fees? Did you pay your fees, if applicable? Please upload a copy of the payment receipt showing full payment of fees associated with the appeal. Yes City of Miami Payments pdf List of Property Owners within 500 ft (Appeals to City Commission and to HEPB) Do you have the Excel list with the information for property owners within 500 feet? Yes Please upload the Excel formatted list showing all the property HEPB Mailing Labels.xlsx owners within 500 feet of the Your information What is your name or the name of your law firm representing as authorized representative? Please provide your email. Please provide your phone number? What is the administrative decision/interpretation number or the resolution number you are appealing? All of your documents shall become a public record. Please upload all of your required documents as detailed online. A summary list of the documents you need to submit is the following: 1) Appeal Letter 2) Proof of Lobbyist Registration 3) Corporate Resolution from Board of Directors 4) List of adjacent property owners within 500 feet of the property (if Sidley Austin LLP connor.evans@sidley.com 3053915233 HEPB-R-24-032 IconBrickell Appeal - Cover Letter.pdf 1 Silverman - City of Miami Lobbyist Reg Form pdf Icon 2 Board Resolutions pdf Names of Property Owners with 500 Feet of FPC xlsx Attestation re Property Owners List.pdf Declaration and Exhibits.pdf 1 of 2 applicable and in Excel format only), required 5) Signed attestation form 6) Other pertinent documents, i.e. Disclosure to Support or Withhold Objection, Power of Attorney, etc. Digital Signature and Submission City of Miami Payment Receipt.pdf I nvoice. pdf Please type your full name here and sign below. Connor T. Evans Using your mouse or finger, please provide your digital signature. Your digital signature verifies your submission.* *The signature must be that of the individual "signing" this document electronically or be made with the full knowledge and permission of the individual; otherwise, it constitutes forgery under s. 831.06, F.S. The individual signing this document affirms that the statements and information stated herein are true. ****I hereby certify that the information supplied does not qualify for the exemptions contained in Chapter 119, Florida Statutes. I hereby certify that the information indicated in this appeal submission is true and accurate, and that my electronic signature shall have the same legal effects as if made under oath; that I am authorized to execute this appeal submission as required by State, County, and Municipal laws.. .1 ink to signati ire 2of2 SIDLEY City of Miami Hearing Boards Division Miami Riverside Center 444 SW 2nd Avenue Miami, Florida 33130 SIDLEY AUSTIN LLP 1001 BRICKELL BAY DRIVE SUITE 900 MIAMI, FL 33131 +1 305 391 5100 +1 305 391 5101 FAX February 3, 2025 +1 305 391 5204 LAWRENCE.SILVERMAN@SIDLEY.COM Re: Appeal of Historic and Environmental Preservation Board Resolution HEPB-R-24- 032. Dear Commissioners: We write to you on behalf of our client, Iconbrickell Condominium No. Two Association, Inc. ("Icon 2"), in connection with its above -referenced appeal (the "Appeal") of the City of Miami Historic and Environmental Preservation Board's ("HEPB") resolution HEPB-R-24-032 (the "Resolution").' On December 3, 2024, the HEPB held a public hearing (the "Hearing") to discuss an application (the "Application") submitted by the First Presbyterian Church ( "FPC"). The Application seeks to amend the historic designation of FPC's property to strip the east -facing portion of FPC's property —which includes Key Point Christian Academy, the school connected to the church —of its historical status. As discussed herein, the HEPB denied Icon 2 its right to intervene during the Hearing, in violation of the City of Miami Code of Ordinances (the "Code")2 and Icon 2's due process rights. As such, we respectfully request that the City Commission reverse the Resolution and instruct the HEPB that Icon is entitled to intervenor status under the Code. I. Background. Icon 2 is the condominium association for "Tower 2" within the complex of three residential towers, called IconBrickell, located at 465-495 Brickell Avenue (the "Icon Complex"). The Icon Complex was constructed in 2009 and Tower 2 is comprised of 560 units. Icon 2, as the condominium association for Tower 2, accordingly represents the interests of the more than 1,300 residents of Tower 2. Tower 2 is the southernmost building in the Icon Complex and is the building immediately north of FPC. A 60-foot wide park (the "Park") separates Tower 2 and FPC. The Park is owned by the City of Miami, which granted the Icon Complex master association an easement over the Park. The residents of the Icon Complex —representing Towers 1, 2, and 3—are the vital force behind the Park's 1 A copy of Resolution HEPB-R-24-032 (hereinafter the "Resolution") is attached hereto as "Exhibit A". 2 Relevant excerpts of the Miami, Florida Code of Ordinances (hereinafter, the "Code") cited by Icon 2 herein are attached hereto as "Exhibit B". City of Miami Hearing Boards Division Miami Riverside Center 444 SW 2nd Avenue Miami, Florida 33130 Page 2 maintenance because in connection with the easement, the Icon Complex master association is solely responsible (at its cost and in perpetuity) to maintain and repair the Park.' FPC is a historic church located immediately to the south of Tower 2, at 609 Brickell Avenue. The original church was constructed in 1949.4 In 1953, merely four years after the church was constructed, FPC constructed an educational wing behind the original church.5 In 1962, a second floor was constructed above the educational wing and a two-story, U-shaped addition was constructed behind the educational wing.6 The additions were constructed in the same architectural style as the original church, were made of the same materials, and are physically connected to the original church, forming one cohesive building.? In 1988, FPC was submitted to the National Register of Historic Places and, in 2003, the City of Miami designated the FPC property as a historic site.8 On February 28, 2023, FPC entered into a Memorandum of Agreement with 13K-BP Brickell Owner, LLC regarding a transaction and development agreement involving the purchase of a portion of FPC's property and the development of an 80-story luxury condominium tower (the "Project"). FPC submitted the Application in furtherance of this Project, so that if it is approved, FPC can demolish the de -historically designated half of the church and sell the property to the developer in accordance with the Memorandum of Agreement. The Code mandates that the HEPB conduct a public hearing to determine whether the Application meets the criteria set forth in the Code.9 Any amendment to a historic designation —as FPC is seeking here —requires a supermajority vote of the Board.10 There were two public hearings held on FPC's Application. The first was held on July 2, 2024, where the HEPB denied FPC's Application. The second hearing was held on December 3, 2024, where the HEPB conditionally accepted FPC's Application. During the Hearing, Icon 2's representative raised the issue that Icon 2 did not receive proper notice of the Hearing in accordance with the Code. The Board claimed sufficient notice was provided to Icon 2 because it was listed on a spreadsheet of names of property owners within 500 feet of FPC.11 Icon 2 then asked the HEPB to intervene in the Hearing because it satisfied the criteria of 3 Ex. C, Declaration of Restrictions and Reverter Provision dated November 18, 2005, recorded December 29, 2005 in the public records of Miami -Dade County, Florida at Book 24097, Page 2107 at 3-4. 4 Ex. D, City of Miami Planning Department Historic Preservation Division, Analysis for Preliminary Evaluation for Designation (hereinafter, the "Staff Report") at 7. 5 Id. at 8. 6 Id. See id. at 7-8. 8 FPC's Application asserts that the easternmost portion of its property is not historically designated because that portion of land was not included in the legal description of the 2003 historic designation. FPC's assertion is misguided. The easternmost portion of FPC's property was not part of the original plat because it was created by a 1920's project to extend the bulkhead out into Biscayne Bay. Ex. D, Staff Report at 12. While the 2003 historic designation report did not include this un-platted portion of FPC's property in the legal description of the designation, the report itself describes the entire FPC property, including the easternmost un-platted portion. Id. 9 Ex. B, Code § 23-4(3). io Id. " Icon maintains that it did not receive notice of the Hearing as required by the Code. Because it did not receive such notice, there is a likelihood that other property owners within 500 feet of FPC similarly did not receive the required notice under City of Miami Hearing Boards Division Miami Riverside Center 444 SW 2nd Avenue Miami, Florida 33130 Page 3 "intervenor status" under the Code. FPC opposed this request, claiming Icon 2 did not meet the criteria of intervenor status under the Code and misinformed the HEPB about the applicable case law while doing so.12 Despite some HEPB members supporting Icon 2's request to join the Hearing as an intervenor, the board ruled against it, with a vote of five to three.13 Ultimately, the HEPB passed the Resolution, conditionally granting the Application, provided that FPC satisfies the criteria set forth in the Resolution.14 II. Icon 2 had the Right to Participate in the Hearing because it is an Intervenor Under the Code. Icon 2 should have been afforded intervenor status during the Hearing because it satisfies the criteria to be entitled to such a presumption. As such, Icon 2 should have been permitted to make a presentation, call and examine witnesses, conduct cross-examination of witnesses, rebut evidence, and make final arguments before the HEPB in accordance with the Code. However, the HEPB denied Icon 2's request to intervene and thus violated the Code. This error requires the City Commission to reverse the Resolution. A. Icon 2 is entitled to the presumption of intervenor status under the Code. The Code provides that "a person shall be entitled to the presumption of intervenor status if the person ... owns property abutting the subject property."15 The Code further defines "abutting" to include "properties across a street or alley."16 Tower 2 plainly satisfies these requirements. During the hearing, there was discussion that because the Park separates FPC's property from Tower 2's property, Icon 2 was not entitled to the presumption of intervenor status. This is a misapplication of the law. The Code provides that: the terms "ways," "streets," and "highways," shall mean any way, street, and highway and include but not be limited to boulevards, avenues, courts, lanes, alleys, squares, places, terraces, and sidewalks, so far as the same are public; and each of these words includes every other of them.'' the Code. Accordingly, the Hearing should not have been permitted to continue without verifying that proper notices were delivered to each property owner under the Code. 12 A representative for FPC cited Buena Vista E. Historic Neighborhood Ass'n v. City of Miami, Case No. 07-20192-CIV COOKE/BROWN (S.D. Fla. Apr. 22, 2008). The federal court there found that a plaintiff needs to show they suffered a special injury different than the general public. This is at odds with Carlos Estates, Inc. v. Dade County, 426 So. 2d 1167, 1169 (Fla. 3d DCA 1983), in which the Third District Court of Appeal, interpreting the Florida Supreme Court, found that the requirement to show a special injury only applies in cases where an individual seeks to challenge an asserted violation of an existing and valid zoning ordinance. Carlos Estates, like the instant case, involved the adoption of a resolution and not an already existing ordinance. Therefore, FPC misstated the applicable law to the HEPB during the Hearing. 13 See Declaration of Connor T. Evans attached hereto. 14 Ex. A, Resolution at 2. 15 Ex. B, Code § 23-2 (emphasis added). 16 Id 17Id. at § 1-2 (emphasis added). City of Miami Hearing Boards Division Miami Riverside Center 444 SW 2nd Avenue Miami, Florida 33130 Page 4 The Park fits into this broad definition because it is a public terrace and/or a public square. A terrace is a "relatively level paved or planted area adjoining a building."18 The Park is a level, planted, and paved area, adjoining Tower 2 to the north and FPC to the south. Further, the Park is bisected by a sidewalk, which is included in the above definition from the Code. Bnckell Park Key Point Christian Academy!' Tower 2, under a plain reading of the Code, is "abutting" FPC. Thus, Icon 2 is —and should have been —entitled to the presumption of intervenor status under § 23-2 of the Code. By denying Icon 2 its rights as an intervenor, the HEPB violated the Code rendering the Hearing procedurally deficient. Therefore, Icon 2 was deprived of due process and the City Commission should reverse the Resolution and instruct the HEPB to recognize Icon as an intervenor. B. Notwithstanding the presumption of intervenor status, Icon 2 satisfied the other criteria in the Code to be considered an intervenor. Even without the presumption of intervenor status, Icon 2 was nonetheless entitled to such status under the Code. The Code provides that, during public hearings before the HEPB, a person "is entitled to intervenor status if the person owns property within a 500-foot radius from the subject property ... and has a particular interest in the application that is different in kind and degree than the general public."19 Under Florida law, this particular interest does not need to be completely distinct from the general public, as courts have determined that a person may meet this requirement even where such interest is shared among many members of the community.20 Icon 2 is deeply concerned that the removal of the historical designation of a significant portion of the building itself and of the grounds — amounting to approximately two-thirds of the FPC property —and its imminent sale will jeopardize the 18 Terrace, Merriam Webster, https://www.merriam-webster.com/dictionary/terrace (last visited Feb. 3, 2025) (emphasis added). 19 Ex. B, Code at § 23-2 (emphasis added). 20 See Carlos Estates, Inc., 426 So. 2d 1167, 1169 (Fla. 3d DCA 1983). City of Miami Hearing Boards Division Miami Riverside Center 444 SW 2nd Avenue Miami, Florida 33130 Page 5 safety and security of Tower 2 and its surrounding community, which encompasses residential, environmental, and social dimensions. Icon 2 meets both of these requirements. Tower 2 is located well within the 500-foot radius prescribed by the Code.21 And Icon 2 has a particular interest in the Application different than the general public because the Resolution and Project's eventual development on FPC's property will harm Icon 2 and Tower 2 for several reasons. First, stripping the historical designation from the eastern portion of FPC's property will allow FPC to demolish half of its building and sell the property in accordance with the Memorandum of Agreement, paving the way for the construction of a skyscraper that will visually overwhelm and destroy the historic character of the church. The Project will further risk irreparably destroying one of the few remaining archaeological sites in Brickell. As noted in the Staff Report whose analysis was adopted by the HEPB in its Resolution, FPC's property is located in a "high -probability Archaeological Conservation Area."22 Second, Icon 2 has an outsized interest compared to the general public because it is not merely a single member of the community who will be affected. Icon 2 represents the interests of 561 property owners within the 500-foot radius of FPC and more than 1,300 residents, accounting for more than 25% of the property owners located within 500 feet of FPC.23 Icon 2's residents will suffer from a decreased standard of living while any construction is taking place because there will be increased noise and debris during the construction period which will worsen the air quality in and about the Icon Complex and other areas surrounding the construction site. Further, the parade of construction vehicles, additional workers, and supply deliveries will contribute to further congestion in Brickell, especially at the intersection between Brickell Avenue, SE 5th Street, and the Icon Complex's main entrance. In the long term, inadequate infrastructure to accommodate all the residents in an 80-story building will result in significant community disruption, characterized by severe traffic congestion and widespread noise pollution. The absence of designated space in this area for emergency services, waste disposal, and other essential services will only exacerbate these problems. Third, given the recent Champlain Towers collapse and the University of Miami study regarding the sinking of coastal buildings, there is a legitimate concern that the construction of an 80- story tower next to Icon 2 will threaten the stability of Icon 2 and the Icon Complex's foundation. The drilling of piles deep enough to safely support a building of such size will cause vibrations and may cause the ground around the Project site to destabilize.25 In addition, any major construction that close to another building will create excessive noise, dust, and debris that will harm Icon's residents and may cause damage to Tower 2 and the common areas surrounding it. Moreover, the development will also present the same risks of damaging the Park, which Icon is solely responsible for maintaining. 21 A GIS image of the Church and the buildings within 500 feet of it, which includes Tower 2, is attached hereto as "Exhibit E" 22 Ex. D, Staff Report at 12. 23 There are approximately 2,000 property owners within 500 feet of FPC. City of Miami, GIS Property Search Tool https://maps.miamigov.com/miamizoning/ (last visited Jan. 31, 2025). 24 Farzaneh Aziz Zanjam, et al., InSAR Observation of Construction -Induced Coastal Subsidence on Miami's Barrier Islands, Florida, Jan. 6, 2025 EARTH AND SPACE SCIENCE (available at DOI: 10.1029/2024EA003852). 25 Construction at the Project site will also threaten to destabilize the church's own foundation. City of Miami Hearing Boards Division Miami Riverside Center 444 SW 2nd Avenue Miami, Florida 33130 Page 6 Finally, the Application and the Project threatens one of the few remaining green spaces in Brickell—notably the Park, which serves the residents of Icon 2 and the rest of the Icon Complex. Not only will the construction threaten the closure of the Park, but even if the Park remains open to the public, the maintenance obligations —which are solely borne by the Icon Complex master association —will surely increase as a result of having to maintain a park next to an active construction site. This will result in higher fees and assessments for Icon 2's residents. Given its outsized interest and concerns for the safety and security of Icon 2 and Tower 2, Icon 2 has demonstrated that it meets the criteria of intervenor status under the Code. Accordingly, the City Commission should reverse the Resolution because the HEPB failed to recognize Icon 2 as an intervenor and failed to conduct the Hearing in accordance with the Code. III. Conclusion Icon 2 is entitled to the presumption of intervenor status because it owns the property abutting FPC, as provided for in the Code. Even without this presumption, Icon 2 possesses a significant interest in the Resolution that sets its interests apart from the general public. Icon 2's interests arise from its concerns for the safety of Tower 2 and its residents, who account for over 25% of the property owners within a 500-foot radius of FPC. Furthermore, the Resolution threatens to obliterate the historic character of FPC and may irreparably damage an important archaeological site. Icon 2 requested the opportunity to exercise its right to intervene in the Hearing but the HEPB unjustly denied Icon 2 this right. The HEPB violated the Code by excluding Icon 2 from the hearing under its rightful status as an intervenor. Consequently, the Hearing was conducted in violation of the Code, and the City Commission must reverse the Resolution and instruct the HEPB that Icon is entitled to intervenor status at any future hearings concerning the FPC property as a matter of law. We look forward to hearing from you regarding this matter. Please do not hesitate to reach out should you have any questions or concerns. Lawrence D. Silverman Partner Sidley Austin LLP CORPORATE RESOLUTION BY WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF ICONBRICKELL CONDOMINIUM NO. 2 ASSOCIATION, INC. January 30, 2025 The undersigned, being all of the members of the board of directors (the "Board") of Iconbrickell Condominium No. Two Association, Inc., a Condominium Association ("Icon"), hereby certify that the following resolutions (this "Resolution") has been adopted by the Board: WHEREAS, Icon desires to formally authorize the submission of an appeal of the Miami Historic and Environmental Preservation Board's ("HEPB") Resolution IIEBR-R-24-032 (the "Appeal"); and WHEREAS, the Board has retained Sidley Austin LLP ("Sidley") as its legal counsel in connection with the preparation and submission of the Appeal; and WHEREAS, the Board has reviewed the Appeal and deems it advisable and in the best interests of Icon to authorize Sidley to submit the Appeal. NOW, THEREFORE, BE IT RESOLVED, that Sidley shall be authorized to submit the Appeal on behalf of Icon to the Miami City Commission, and to take all other actions necessary or appropriate to prepare and submit the Appeal and all supporting documents; and FURTHER RESOLVED, that Icon hereby authorizes, directs and empowers Basil Marcelline, as President of Icon, to execute and delivery all documents necessary and to take all such other appropriate actions to prepare and submit the Appeal and all supporting documents. IT IS HEREBY CERTIFIED that the foregoing Resolution has been duly adopted at a meeting of the Board, which meeting was call for such specific purpose and held in accordance with the current bylaws of Icon and in accordance with all applicable law. It is further certified that the Board has the full power and authority to bind Icon in accordance herewith and that the foregoing Resolution has not been altered, amended, modified or rescinded and, furthermore, the same shall be true, valid and binding upon Icon; and be it [Signature Page Follows] 1 IN WITNESS WHEREOF, this Resolution has been executed on this 30th day of January 2025. BOARD: AA5./L /A2CEL Print Basil Marc ' resittent iconbrickell Condominium No. 2 Association, Inc. DECLARATION OF CONNOR T. EVANS, ESQ. I, CONNOR T. EVANS, hereby declare as follows: 1. I am associate at the law firm of Sidley Austin LLP located at 1001 Brickell Bay Drive, Suite 900, Miami, Florida 33131 and am admitted to practice in the State of Florida. 2. I submit this declaration in support of Iconbrickell Condominium No. Two Association, Inc.'s ("Icon 2"), appeal of the City of Miami Historic and Environmental Preservation Board's ("HEPB") resolution HEPB-R-24-032 (the "Resolution"). 3. Attached hereto as Exhibit A is a true, correct and complete copy of the Resolution. 4. Attached hereto as Exhibit B is a true and correct excerpt of the provisions of the City of Miami, Florida Code of Ordinances (the "City Code") cited in Icon 2's appeal. 5. Attached hereto as Exhibit C is a true, correct and complete copy of that certain Declaration of Restrictions and Reverter Provision dated November 18, 2005, recorded December 29, 2005 in the public records of Miami -Dade County, Florida at Book 24097, Page 2107. 6. Attached hereto as Exhibit D is a true, correct and complete copy of the City of Miami Planning Department Historic Preservation Division, Analysis for Preliminary Evaluation for Designation (the "Staff Report"). 7. Attached hereto as Exhibit E is a true and correct image of the First Presbyterian Church showing all of the buildings within a 500-foot radius. 8. On December 2, 2024, the HEPB held a hearing in which it passed the Resolution (the "Hearing"). 9. I watched the publicly available video recording of the Hearing (available here: https://miamifl.granicus.com/MediaPlayer.php?viewid=1&clip_id=1550) (the "Video"). 10. At 52:30 in the Video, representatives for Icon 2 appeared before the HEPB and requested it to recognize Icon 2 as an intervenor as provided for by Section 23-4 of the City of Miami, Florida Code of Ordinances. 11. At 01:43:15 in the Video, after a discussion between representatives for Icon 2, the HEPB and representatives for First Presbyterian Church, the HEPB denied Icon 2's request for intervenor status. 12. Unless otherwise indicated, all facts set forth in this Declaration are based upon my personal knowledge and my review of relevant documents and legal authorities. Pursuant to section 92.525, Florida Statutes, under penalties of perjury, I declare that I have read the foregoing Declaration and that the facts state in it are true and correct. CONNOR T. EVANS EXHIBIT A RESOLUTION Miami FL HEPB Resolution HEPB-R-24-032 A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PURSUANT TO SEC. 23-4 OF THE CITY CODE OF ORDINANCES, APPROVING AN AMENDMENT TO THE HISTORIC DESIGNATION REPORT FOR THE INDIVIDUALLY DESIGNATED SITE KNOWN AS THE FIRST PRESBYTERIAN CHURCH LOCATED AT APPROXIMATELY 609 BRICKELL AVENUE, MIAMI, FLORIDA, 33131; FURTHER INCORPORATING THE ANALYSIS IN THE ATTACHED STAFF REPORT ENTITLED "EXHIBIT A" WITH THE FOLLOWING FINDINGS. Information Department: Category: Attachments Historic and Environmental Sponsors: Preservation Board Other Agenda Summary and Legislation 16921 - Exhibit A_Staff Analysis 16921 - Final Evaluation Report 16921 - Supporting Documents 16921 - Drawing 16921 - Public Notification Body/Legislation 1. The Applicant will proffer a covenant which will run with newly undesignated and to -be replatted portion of the property that will provide the Historic and Environmental Preservation Board purview, in an advisory role to review and to provide design recommendations for the west elevation and up to 50 feet of the north and south elevations from their west, limited to the height of any proposed podium, to be incorporated into any future development of the property. 2. Pursuant to an approval of the reclassification of the School Annex and parking lot as non- contributing, and approval of boundary amendment, the School Annex inclusive of that ten (10) foot portion remaining within the boundary, and parking lot are non -designated and therefore approval of demolition of all, or part of, may be approved administratively at staff level with the following conditions: An outline format report documenting the historical context of the building inclusive of the historical information and physical aspects of the building and the physical history of the building, including significant dates in the initial planning and construction as well as in later alterations, plus names of the designers and suppliers. The report shall also include architectural information, with categories intended to produce an analysis and description of the building form as it exists and some discussion of the landscape including designed elements and plan. II. Medium- or Large -format, archival, black and white photographs inclusive of, but not limited to: General or environmental view(s) to illustrate setting, including landscaping, adjacent building(s), and roadways. General or environmental view(s) to illustrate setting, including landscaping, adjacent building(s), and roadways. ii. Front facade (East) Perspective view, front and one side iv. Perspective view, rear and opposing side. v. Detail, front entrance and/or typical doorway. vi. Typical window. vii. Exterior details indicative of era of construction or of historic and architectural interest. This shall include the courtyard. viii. Interior views to capture spatial relationships, structural evidence, a typical room, and any decorative elements; these include hallways, stairways, attic and basement framing, fireplaces and mantels, moldings, interior shutters, kitchen (especially if original), and mechanicals. III. "As -built" drawings illustrating the existing condition of a building at the time of documentation, including additions, alterations, and demolitions which have occurred since the building was first constructed. This shall include the courtyard. IV. Compendium of historic plans, images, and/or ephemera pertaining to the School Annex. 3. The ten (10) foot buffer proposed between the east wall of the Historic Church and future new development will be increased to 15 feet. 4. At time of design review, Applicant shall provide an inventory of salvaged architectural items from the School Annex and proposed reuse of same. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN SIXTY (60) DAYS. Powered by Granicus EXHIBIT B EXCERPTS FROM CITY CODE Sec. 1-2. Definitions. This section provides definitions of terms to be used throughout the Code, as defined herein, unless inconsistent with the manifest intent of the city commission or the context of this Code: Ways; streets; highways. The terms "ways," "streets," and "highways," shall mean any way, street, and highway and include but not be limited to boulevards, avenues, courts, lanes, alleys, squares, places, terraces, and sidewalks, so far as the same are public; and each of these words includes every other of them. (Code 1967, § 1-2; Code 1980, § 1-2; Ord. No. 11564, § 3, 10-28-97; Ord. No. 13748, § 2, 3-8-18) Sec. 23-2. Definitions. The following definitions shall apply only to this chapter; undefined terms shall be defined as set forth in the National Historic Preservation Act of 1966, as amended, or as commonly used: * Intervenor. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public. A person shall be entitled to the presumption of intervenor status if the person owns the subject property or owns property abutting the subject property. Furthermore, a person shall be entitled to intervenor status if the person owns property within a 500-foot radius from the subject property but is not the property owner or abutting property owner and has a particular interest in the application that is different in kind and degree than the general public. Abutting shall mean to reach or touch; to touch; to touch at the end or be contiguous with; join at a border or boundary; terminate on; and includes properties across a street or alley. A person recognized by the decision -making body, including the historic and environmental preservation board and the city commission, as an intervenor may make a presentation, call and examine witnesses, conduct cross- examinations of witnesses, introduce exhibits, rebut evidence, and make final arguments in the order as decided by the chair of the body to effectuate orderly and efficient proceedings. (Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13133, § 1, 1-28-10; Ord. No. 13180, § 2, 5- 27-10; Ord. No. 13537, § 2, 7-23-15; Ord. No. 13712, § 2, 11-16-17; Ord. No. 13785, § 2, 9-13-18; Ord. No. 13971, § 3, 2-25-21) Sec. 23-4. Designation of historic resources, historic districts, multiple property designations, and archaeological sites and zones. (a) Criteria for designation. Properties may be designated as historic resources, historic districts, multiple property designations, or archaeological sites and zones only if they have significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation; possess integrity of design, setting, materials, workmanship, feeling, and association; and meet one or more of the following criteria: (1) Are associated in a significant way with the life of a person important in the past; (2) Are the site of a historic event with significant effect upon the community, city, state, or nation; (3) Exemplify the historical, cultural, political, economic, or social trends of the community; (4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; (Supp. No. 19) Created: 2024-11-21 09:50:50 [EST] Page 1 of 6 (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; (6) Are an outstanding work of a prominent designer or builder; (7) Contain elements of design, detail, materials, or work of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or (8) Have yielded, or may be likely to yield, information important in prehistory or history. (b) Criteria exceptions. Ordinarily cemeteries, birth places, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years shall not be considered eligible for listing in the Miami register of historic places. However, such properties will qualify for designation if they are integral parts of districts or multiple property designations that do meet the criteria, or if they fall within the following categories: (1) A building or structure that has been removed from its original location but is significant primarily for architectural value, or is the surviving structure most importantly associated with a historic person or event; (2) A birthplace or grave of a local historical figure of outstanding importance if no appropriate site or building exists directly associated with his or her productive life; (3) A cemetery that derives its primary significance from graves of persons of outstanding importance, from age, from distinctive design features, or from association with historic events; (4) A reconstructed building when accurately executed in a suitable environment and presented appropriately as part of a restoration master plan and no other building or structure with the same association has survived; A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; (6) A property achieving significance within the past 50 years if it is exceptionally important; or (7) A religious property deriving primary significance from architectural or artistic distinction or historical importance. (c) Procedures for designation. Properties which meet the criteria set forth in section 23-4 may be designated as historic resources, historic districts, multiple property designations, and archaeological sites and zones according to the following procedures: (1) Proposals and preliminary evaluation. Proposals for designation may be made to the board by a supermajority vote of its members present after one or more members of the board request it to be placed on a board agenda, by the mayor, by the city manager, by resolution of the planning, zoning and appeals board approved by a supermajority vote of the members present, by resolution of the city commission approved by a supermajority vote of the members present, by the property owner, by resolution of the county historic preservation board approved by a supermajority vote of the members present, by resolution of any organization that has been a registered non-profit corporation in the state for at least five years with a recognized interest in historic preservation approved by a supermajority vote of the members present, or by the preservation officer. In those instances when a historic district or multiple property designation is being considered, the preservation office shall conduct outreach involving all relevant homeowner associations and neighborhood associations, ultimately ascertaining their level of support by way of resolution or vote. Said level of support shall be taken into consideration by staff and members of the HEPB when evaluating any proposed historic (5) (Supp. No. 19) Created: 2024-11-21 09:50:50 [EST] Page 2 of 6 district or multiple property designation. The board shall conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth in subsection (a); and shall, if appropriate, direct the planning department to prepare a designation report. The board may require the party initiating such proposal to provide any necessary documentation, and to pay any applicable fees. a. Notification. At least ten days prior to the meeting at which the board will consider the preliminary evaluation, the owner of property or his designated agent or attorney, on file with the city, which is the subject of said proposal for designation shall be notified by certified mail of the board's intent to consider the preliminary evaluation of the property. Should the applicant be a person other than the property owner or designated agent or attorney on file with the city, the applicant shall be notified and the owner of record of the subject property shall be notified. For historic districts or multiple property designations where there are more than 50 properties to be considered, for designation, the owners shall be notified by first class mail and by the published notice. The notice sent by certified mail of the board's intent to consider the preliminary evaluation of the property, when sent to the property owners of involuntarily designated residentially zoned properties in a T3-O designated transect zone that are not the applicants, will state the right to appeal the board's final decision regarding designation to the city commission, and will include in the notification a statement of the fee waiver provision contained in subsection (c)(7) herein. b. Interim protection measures. From the date said notice of the preliminary evaluation is mailed, no building permit for any new construction, alteration, relocation, or demolition that may affect the property proposed for designation shall be issued until one of the following occurs: 1. The board finds that the property does not appear to meet the criteria for designation and votes not to direct the planning department to prepare a designation report in accordance with subsection (c)(1); 2. The board approves or denies the designation in accordance with this section, or 120 days have elapsed, whichever shall occur first, unless this time limit is waived on the record by mutual consent of the owner and the board; or 3. The owner applies for an accelerated certificate of appropriateness prior to final action on the designation by the board, and such certificate of appropriateness has been issued in accordance with the provisions of section 23-6.2. The preservation office shall place said application for a certificate of appropriateness on the next available agenda of the board. Any owner who carries out or causes to be carried out any work without the required certificate of appropriateness shall be subject to the provisions of subsection 23-6.2(f). (2) Preparation of designation report. For every proposed historic site resource, historic district, multiple property designation, and archaeological zone, the planning department shall prepare a designation report containing the following information: a. Designation report. The designation report shall contain a statement of the historic, architectural, and/or archaeological significance of the proposed historic resource, historic district, multiple property designation, or archaeological site or zone; the criteria upon which the designation is based; a physical description of the property; an identification of contributing structures, landscape features, and/or thematically -related historic resources; present trends and conditions; and incentives to encourage preservation, rehabilitation, or adaptive use. b. Boundaries. The designation report shall include a map or maps indicating proposed boundaries. Boundaries for historic resources shall generally include the entire property or tract of land, unless such tract is so large that portions thereof are visually and functionally unrelated to any (Supp. No. 19) Created: 2024-11-21 09:50:50 [EST] Page 3 of 6 (3) contributing structure or landscape feature. Historic district boundaries shall in general be drawn to include all contributing structures reasonably contiguous within an area and may include properties which individually do not contribute to the historic character of the district, but which require regulation in order to control potentially adverse influences on the character and integrity of the district. Multiple property designation boundaries shall, in general, be drawn to include all historic resources related by a common theme and may include properties which individually have no relation to the theme. Properties within the boundary that have no relation to the theme will not require regulation under this chapter of the City Code unless they are individually designated historic resources or included within a historic district or archaeological zone. Archaeological zone boundaries shall generally conform to natural physiographic features which were the focal points for prehistoric and historic activities or may be drawn along property lines, streets, or geographic features to facilitate efficient management. c. Interiors. Interior spaces that have exceptional architectural, artistic, or historic importance and that are regularly open to the public may be subject to regulation under this chapter. The designation report shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. Interior spaces not so described shall not be subject to review under this chapter. Notice and public hearing. The board shall conduct a public hearing to determine whether the proposed historic resource, historic district, multiple property designation, archaeological site or zone meets the criteria set forth in subsection (a) and shall approve, amend, or deny the proposed designation. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request intervenor status as defined in this chapter. All approvals or amendments of designations by the board shall require an affirmative vote of a supermajority of the board members present. The board may rehear proposals based upon policies set forth in its rules of procedure. All public hearings on designations conducted by the board, except as provided in subsection (c)(1)a., and hearings on appeals of board decisions to the city commission regarding designations shall be noticed as follows: a. The owner of property or his/her designated agent or attorney, if any, which is the subject of such designation shall be notified by mail at least 30 days prior to the board's meeting and 15 days prior to subsequent administrative appellate hearings. The owner shall receive a copy of the designation report unless there are more than 20 owners, in which case the notice shall state that a copy is available and where it may be obtained. b. An advertisement shall be placed in a newspaper of general circulation at least ten days prior to the hearing. c. Signs shall be posted pursuant to subsection 62-129(2)a., as amended. d. Notice of the time and place of the public hearing by the board, or city commission, as the case may be, shall be sent at least ten days in advance of the hearing by mail to all owners of property within 500 feet of the property lines of the land for which the hearing is required. The applicant, or the appellant as applicable, shall be charged the appropriate fee established for this purpose. e. For the purpose of this chapter, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Miami -Dade County. The preservation officer, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on his/her certification by the placing in the mail system of the United States on the date certified the herein required notice, the certification shall be conclusive of the giving of such notice; in the case of condominiums, notice will be sent solely to the condominium association. No action taken by the board, or the city commission, (Supp. No. 19) Created: 2024-11-21 09:50:50 [EST] Page 4 of 6 shall be voided by the failure of an individual property owner or property owners to receive notice pursuant to this chapter. (4) Historic and environmental preservation atlas. Historic sites, historic districts, multiple property designations, and archaeological zones designated pursuant to section 23-4 shall be shown in the "Official Historic and Environmental Preservation Atlas of the City of Miami, Florida," as amended. (5) Electronic building records. Following the designation of a resource, the historic preservation officer shall note the property as a historic resource in the city's building department records. (6) Notifications. Following the designation of a resource, the historic preservation officer shall notify the following parties with a copy of the resolution: a. The owner(s) of record. The notification to the owner(s) of record shall clearly state that the property has been designated and such designation may be appealed to the city commission within 60 days. The notification shall also summarize the procedure for appeals to the city commission as detailed in subsection (7) below. b. The Miami -Dade County Clerk of the Courts. (7) Appeals. a. The property owner, any one member of the city commission, the planning department, or any aggrieved party that has standing under Florida law may appeal to the city commission any decision of the board on matters relating to designations by filing within 60 calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. Such notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Appellate fees for property owners of involuntarily designated residentially zoned properties in a T3-O designated transect zone that are not the applicants, are waived. The city shall bear the cost prescribed by chapter 62 for each mailed notice required pursuant to this section. Except as appellate fees and mailed notice costs are expressly waived above, each appeal shall be accompanied by a fee of $525.00, plus the cost prescribed by chapter 62 for each mailed notice required pursuant to this section. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request intervenor status as defined in this chapter. The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The city commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three -fifths vote of all members of the city commission. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The provisions of this section shall remain in effect during the entire appeal process, unless stayed by a court of competent jurisdiction. The appeal shall be a de novo hearing and the city commission may consider new evidence or materials in accordance with the zoning ordinance. Appeals concerning designations shall be made directly to the city commission, within 60 calendar days after the date of the decision, and follow the procedures described herein. The office of hearing boards shall schedule the appeal on the next available city commission meeting following receipt of the appeal. (8) Amendments. The board may amend any designation by following the same procedures as set forth in this section. The board may likewise rescind any designation if the structure or feature of principal historic significance has been demolished or destroyed. (d) Reserved. (e) Effect of designation. Upon designation, and thereafter, the provisions of section 23-6.2 shall apply. (Supp. No. 19) Created: 2024-11-21 09:50:50 [EST] Page 5 of 6 (Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13142, § 10, 2-11-10; Ord. No. 13512, § 2, 4- 9-15; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13712, § 2, 11-16-17; Ord. No. 13777, § 2, 7-26-18; Ord. No. 13912, § 2, 7-23-20; Ord. No. 13971, § 3, 2-25-21) (Supp. No. 19) Created: 2024-11-21 09:50:50 [EST] Page 6 of 6 EXHIBIT C DECLARATION OF RESTRICTIONS AND REVERTER PROVISION This instrument was prepared by: Name: John Shut9n, Esq, Address: 48 SW 1" Street Third Floor Miami, Ft. 33130 11111111111111111111111111111111111111111111r CFN 2005R1349186 OR Bk 24097 P9s 2107 - 2128; (22129s) RECORDED 12/29/2005 13:O5:05 HARVEY RUVIN, CLERK OF COOK IMIAMI-DADE COUNTY, FLORIDA (Space Reserved for Clerk of the Court) DECLARATION OF RESTRICTIONS AND REVERTER PROVISION WHEREAS, the undersigned, City National Bank of Florida, as Trustee (the "Trustee"), under Trust No. 2401-0915-00 dated November 29, 2000 (the 'Trust), holds the fee simple title to that certain parcel of land, which parcel Is legally described in Exhibit "A' to this Declaration (the "Property"); and WHEREAS, prior to the date of the Assignment (as hereinafter defined) the persons identified in Exhibit "B" to this Declaration (the `Backe Heirs") were the sole beneficiaries of the Trust; and i WHEREAS, by Assignment dated, the 16th day of May, 2005, (the "Assignment"), the Brickell Heirs assigned to City National Bank of Florida, as Trustee under Land Trust No. 2401-1863-00. (`TRG"): (i) all of their beneficial interest in the Trust, less the Brickell Heirs' rights under the Reverter Provision set forth in paragraph 4(D) of this Declaration; and (ii) the Brickell Heirs position in that certain litigation against the City of Miami, in case no. 88-0230-CIV- HIGHSMITH, in the United States District Court for the Southem District of Florida (the "Litigation;") and Book240971Paae2107 CFN#700513491 RR Pane 1 of 97 WHEREAS, a portion of the Property hereinafter referred to as `Brickell Park" shall be used solely as a public passive park, except as hereinafter provided that a portion of the Brickell Park (that portion hereinafter referred to as the "Construction Easement Parcel", as legally described on Exhibit "D" attached hereto and made a material part hereof) may be used for a temporary construction, staging and/or development area and temporary sales office, as hereinafter set forth in paragraph 1. The Brickell Park, which may also be referred to as the "Park Land" is legally described on Exhibit "C" attached hereto and made a material part hereof; and WHEREAS, the Brickell Heirs have consented to the waiver and release of the Property from (a) the restrictions and reversionary provisions set forth in that certain Deed to the City of Miami recorded February 3, 1925, in Deed Book 528, Page 56, and (b) the dedication by Mary Brickell as to burial ground recorded January 27, 1923, in Deed Book 323, Page 298, as applicable with respect to the Property (collectively, the "Restrictive Documents"); and WHEREAS, in consideration of the Assignment, TRG agreed to authorize ,and instruct the Trustee to execute this Declaration and to record same in the public records of Miami -Dade County as a covenant running with the title to the Park Land, and the Trustee hereby confirms that it has received said authorization and instructions. NOW, THEREFORE, the Trustee freely, voluntarily, and without duress agrees that the Park Land shall be subject to the following restrictions that are intended and shall be deemed to be covenants, covering and running with the Park Land and binding upon the Trustee, its successors in interest and assigns, as follows: 1. Use as Public "Passive" Park. The Trustee agrees to specifically limit the use of the Park Land to those uses expressly permitted as hereinafter provided: (1) 2 StIVI !" I290 Pm Rnnk74f197/PanP71lR C;FN#of1f1Fi1u41 RR Panp 9 of 99 a passive public park; and (2) for a term not to exceed sixty (60) months from the date of this Declaration, the Construction Easement Parcel may be used by TRG as a temporary construction, staging and/or development area and a temporary sales office (the "Construction Easement") with and solely for the benefit of TRG, which is the owner of that certain abutting property to the north commonly known as the "Sheraton site. (the "Sheraton Site"), which is legally described on Exhibit "E" attached hereto and made a material part hereof. The Construction Easement shall be recorded in the Public Records of Miami -Dade County, Florida, immediately following the recording of this Declaration. 2. Permanent Identification as "Brlckeil Park". The Park Land shall be forever identified, referred to and known as "Brickell Park." The Brickell Heirs acknowledge and agree that the restrictions contained in this Declaration shall replace and supersede the restrictions set forth in the Restrictive Documents and upon the recordation of the Declaration in the Public Records of Miami -Dade County, Florida the Restrictive Documents shall be of no further force and effect. 3. Maintenance of Brickell Park. Following the expiration or earlier termination of the Construction Easement and the contemplated renovations and Improvements of the Park Land, TRG shall cause the master homeowner's association or applicable condominium associations operating the common areas of the Sheraton Site for which TRG is the developer and TRG shall be the "Declarant" under one or more declarations of condominiums and/or homeowner's associations, to assume and be responsible for the proper maintenance and upkeep of the Brickell Park In perpetuity (the "Obligations"). However, should the referenced master homeowner's association 3 peou.mpcooctiw_mi ?mom 3nl+ao r *Wpm Rnnk74ng7/Pana71 nq C:FIJ 7fifl1 14.Q1 RR Pari A 1 of 99 or condominium association either not be formed, be terminated or otherwise dissolved, these Obligations shall be a covenant running with the land of the Sheraton Site. 4. Miscellaneous. A. Covenant Running with the Land. This Declaration on the part of the Trustee shall constitute a covenant running with the Park Land and shall be recorded in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Trustee, and its successors and assigns until such time as the same is modified or released as hereinafter provided. These restrictions shall be for the benefit of, and limitation upon, all present and future owners of the Park Land and for the public welfare and may not be released or modified without the prior written consent of the Brickell Heirs, TRG and the City of Miami, which written consent shall only be evidenced by a document executed by each of the referenced parties and recorded in the Public Records of Miami -Dade County, Florida. 8. Term. This Declaration is to run with the Park Land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date that this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the Brickell Heirs, TRG and the City of Miami has been recorded agreeing to change the covenant in whole, or in part, provided that no such modification or change to this Declaration shall be effective until the consents required in Section 4A above have first been obtained. C. Enforcement. In the event of any breach of this Declaration, the remedy shall be an action for specific performance or injunctive relief, together with attorneys fees and court costs at trial and all appellate levels to the prevailing party. It is 4 711 IA6 r 1270 pm. FRnnk74f197/Pane711 0 C;FN#7lf1.ri1:145:11 RR PanP 4 of 77 Intended that this Declaration be enforceable by any of the Brickell Heirs, TRG and/or the City of Miami. D. Reversion. In addition to the foregoing enforcement rights, in the event that the Park Land is hereafter sold then in such event title to the Park Land shall automatically revert to and be vested in the Brickell Heirs. Any conveyance of all or any portion of the Park Land by the Trustee or any subsequent conveyance, in either case, to either the City of Miami or any not -for -profit organization, for the use of the Park Land as either a public passive park, shall not cause or otherwise trigger this Reverter, however this Reverter shall continue in full force and effect, as to any other subsequent conveyance or transfer of interest in the Park Land. In the event this Reverter is triggered, and title to the Park Land is vested in the Brickell Heirs, then the obligations of TRG set forth in Section 3 above shall terminate and be null and void. 5 3lI1/03r U:%om Rnnk74f1Q7/Para 71 11 r`.1= NIi7nm11401 SIR Dona of ')') Sign: Print: Sign: Print: IN WITNESS WHEREOF, we have hereunto set our hands and seal this ! f day of /14t , 2005. Signed, sealed and delivered in the presence of: WITNESSES, CITY NATIONAL ' • NK OF FLORIDA, as Trustee un • - r T'r st No. 2401-0915-00 dated No �9, 2000 By: rfd=;r;«+ G;s�u OF i FIi 1Nt TRUhti:NT STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) The fpregoing instrument was acknowledged before me this 1S day of /l/odefit , 2005, by William E. Shockett as Executive Vice President and Trust Officer of CITY NATIONAL BANK OF FLORIDA, as Trustee under Trust No. 2401- 0915-00 dated November 29, 2000 on behalf of the Trustee, who is personally known to me or has produced as identification. NOTARY PUB Sign: ,ice Print: t,�' My Comtfficil:ia . State of -Pe (Seal) in7,,7.,,,,,,,,,„7„.„,,,z T ..,....,. z�' J . u-4as41 .....1 r1161•. •• .• • a W4 6 C'Ctna.nwtu aoa ClaiMIv.wt'L e..1 R.erq/tTrmpeq.11 P-O.titraibm of riandbengt41 DOC stuns N 12100m. D...I, Aff7ID....t..')l1 ') rt KI4 flfl d)An4oc JOINDER CITY NATIONAL BANK OF FLORIDA, as Trustee under Land Trust No. 2401- 1863-00 hereby joins in the foregoing Declaration for the purpose of confirming its agreement and obligations to comply with the provisions of this Declaration. • , t ;L70rIt4 'E11• Oi 1H1Bl'r43TRUMENT 1 City National Bank of Florida, as Trustee under Land T r No. 2401-1863- 00 By. Name: Title: Trust Officer STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this /gi day of Jcw.scll4 , 2005, by William E. Shockett as Executive Vice President and Trust Officer of CITY NATIONAL BANK OF FLORIDA, as Trustee under Trust No. 2401- 1863-00 dated November 29, 2000 on behalf of the Trustee, who is personally known to me or has produ - t as identification. NOTARY PUB Sign: Print: My Commi i, ires: State ofj FI rids - - rge (Seal) 4 Oka*: .. .• •+t 36=17. 9 7 C o.o.n.nq w 3rrng M.I.nacr s.rt y,ir.roBia.w Pert deunean ar,estha,ny.q coc 3II uo$ • I?o.,,t Book240971Paoe2113 C;FN#2I1f15134G1RR Pan 7 of 97 JOINDER The "Brickell Heirs° hereby join in the foregoing Declaration for the purpose of confirming its acknowledgement of and agreement with the provisions set forth in paragraph 3 of this Declaration. THE BRICKELL HEIRS: (i) As to the heirs of George M. Brickell: Paul Sanders, Edward Sanders and Barbara Jean Bradford (daughter of Vinnie L. Sanders and daughter of Jack Sanders (deceased) By: Robert E. Gallagher, Jr., their authorized representative and attomey-in-fact (ii) As to the heirs of Maude E. Brickell: Kathy D. Glenn (daughter of and legal heir to Archie K Purdy a/k/a David K. Purdy), David E. Snyder, Elizabeth Snyder Gordon, Carol M. Snyder, Dwight P. Snyder and John W. Snyder By: 'bw+NA.t Stu:4,i. Dwight Sullivan, their authorized representative and attomey-in-fact (iii) As to the heirs of Charles C.B. Brickell: Beatrice A. Brickell, James B. Brickell, Jr. and Elinor Brickell (wife of James B. Brickell, deceased) By: Robert E. Gallagher, Jr., their authorized representative and attorney -in -fact (iv) As to the heirs of William B. Brickell: Linda C. Minor (as personal representative of the Estate of William O. Brickell), Marjorie O. Brickell, Marjorie Brickell Family Trust and William O. Brickell Family Trust By: Robert E. Gallagher, Jr., as the authorized representative and attomey-in- fact 8 C ■ d 3 tumlin tuss+L.au Semyarwmgaawr.a •md.,.,,m or,ssi,es n d) OOC Yt 1AS.112.20 A+et Rnnk7dflQ7/PanA71 1 d rPI Ili')Mc1'tAa1 �tr1 Dmna Q STATE OF FLORIDA SS COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this d/€day of April, 2005, by Robert E. Gallagher, Jr., Esquire as authorized representative and attomey-in-fact for the heirs of George M. Brickefl, the heirs of Charles C.B. Brickell and the heirs of William B. Brickell,,who is personally known to me or has produced as identification. n: rint: My Commission Expires: State of Florida at Large (S - al) STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me thi�cy Z "a of Dwight D. Sullivan, Esquire as authorized representative and attomey-in-fact for thril, e by heirs o Maude E. Brickell, who is personally known to me or has produced j _ Bb Li coo 4 litrA60094810as identification. NOT --Y PU: LIC: ign: /Z. Print: ir'ai;l(vst�/�tri My Commission Expires: 277 State of Florida at Large ( ea a man OOLDMO coAMMION NUMBER qr DER=7B mv COMINSMON DAME f F4" APR.30.200B 9 C.Oeenrealr and 8rmgenl.. rLLaa BrINIATwryrprktal Part , ernanran d ranrreann(W )HOC Y7 Mal 1270Pin. Dr-inler) A n1:17iDnritnn 4 1 F. r'rn14')nfS1 '1.An1 oc JOINDER The City of Miami hereby joins in the foregoing Declaration for the purpose of confirming its acknowledgement of and agreement with the removal of the Property from the Restrictive Documents. Approved by: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was ,Toe NOV a and the City of Miami, a municipal produced and NOTA Sign: Print: Y D4cL My Commission Expires: State of Florida at Large (Seal) CITY OF MIAMI By: By: ) SS Dere," bet/ acknowledged before me is a day of I, 2005, by as (4ij V k5 Mid WI,, respectively, of corporation, who are personally known to me or have as iden icafion. PUBLIC: 4 APPROVED AS TO FORM AND CO SS: Jor Cit rnandez ey ;;; ',,,. Ofella E. Perez • ' . Commission #DD2213}9 ''•- : Jul Expires26, 2007 qj,,1F,WAtlantic Bonding Co., hc. 10 C 10aaaaun anC s.aroalmm+Lver felNeWrimp9ndku Pw-dednaien d Nsmaw,Kw) DOC 311IA5 a1 1230 0 m Rnnk'MfQ7IDonc')11R rO1RR Dnraem l n r.f ')') JOINDER HSBC Realty Credit Corporation (USA), a Delaware corporation, the holder of a mortgage encumbering the Sheraton Site, hereby joins in the foregoing Declaration for the sole purpose of consenting to the recordation of this instrument. By its execution hereof, the undersigned does not make any representations or warranties with respect to any matters set forth in or pertaining to this instrument or undertake any of the obligations or liabilities contained therein. STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS HSBC REALTY CREDIT CORPORATION (USA), a Delaware corporation By: 7 Name: & NAp6E(L Its Vice PeES!D The foregoing instrument was ackno dged before me this /7 day of December, 2005, by m> il+ /ep as Viet* iicr of HSBC Realty Credit Corporation (USA), a Delaware corporation, who is personally known to me or has produced as identification. NOTARY PUBLIC: • �� Sign: 4:7*(1 , .~,• Print: My Commission Expires: State of Florida at Large (Seal) 11 c?P43 .yam l74 ye �; ;. • #DD 38690 j =8CIA"J6nu7orwa5e 317 tAS M l 3 p m b....1.r1Anr 7In...._ rA +17 l�CRiAinatricA 4APnAOIL n___ A A _i net EXHIBIT "A" THE PROPERTY Beginning at a concrete monument at the intersection of the East line of Brickell Avenue with the Northerly line of S.E. Fifth Street, according to the plat thereof as recorded in Plat Book 8, at Page 93, of the Public Records of Miami - Dade County, Florida; Thence run South 76 degrees 39'35" East, along said Northerly line of said S.E. Fifth Street projected Easterly, for a distance of 233.52 feet to a concrete monument; Thence Northeasterly along the arc of a curve with a radius of 25.0 feet, through an arc of 71 degrees 04'35", for an arc distance of 31.01 feet, to a concrete monument; Thence continue Northeasterly along the arc of a reverse curve with a radius of 40.0 feet, through an arc of 122 degrees 23'40", for a distance of 85.45 feet, to a concrete monument; Thence South 76 degrees 39'35" East, for a distance of32I.10 feet, to a point on the U.S. Harbor line along the West side of Biscayne Bay; Thence South 5 degrees 37'19" West, along said Harbor Line, for a distance of 171.54 feet, to the Southeast corner of the tract herein described. Thence North 76 degrees 39'35" West, parallel with and 141.08 feet distance from the said Northerly line of said S.E. Fifth Street projected Easterly, for a distance of 670.29 feet to a concrete monument on the Easterly line of Brickell Avenue; Thence North 13 degrees 20'55" East, along said Easterly line of said Brickell Avenue, for a distance of 141.08 feet, to the Point of Beginning. Book240971Paae2118 CFN#20051349186 Paae 12 of 22 EXHIBIT "B" THE BRICKELL HEIRS The Heirs of George M. Brickell: (i) Paul Sanders (ii) Edward Sanders (iii) Barbara Jean Bradford, the daughter of Vine L Sanders and Jack Sanders, both deceased The Heirs of William B. Brickell: (i) Linda C. Minor, as Personal Representative of the Estate of William O. Bricked (ii) Marjorie O. Brickell (iii) Marjorie O. Brickeli Family Trust (iv) William O. Brickell Family Trust The Heirs of Charles C.B. Brickell: (i) Beatrice A. Bricked (ii) James B. Bricked. Jr. (III) Elinor Bricked, wife of James B. Brickell, deceased The Heirs of Maude Brickell: (i) Kathy D. Glenn, the daughter and legal heir of Archie K Purdy, alkla David K Purdy (ii) David E. Snyder (iii) Elizabeth Snyder Gordon (iv) Carol M. Snyder (v) Dwight P. Snyder (vi) Richard L Snyder (vii) John W. Snyder Gtile44tEGMSMIVIOMBrldiellliedis.doc Q.,t-11,041107ID.,,,n)l en r•CnI4F7nna .2An4 an EXHIBIT "C" THE PARK LAND Beginning at a concrete monument at the intersection of the East line of Brickell Avenue with the Northerly line of S.E. Fifth Street, according to the plat thereof as recorded in Plat Book 8, at Page 93, of the Public Records of Miami - Dade County, Florida; Thence run South 76 degrees 39'35" East, along said Northerly line of said S.E. Fifth Street projected Easterly, for a distance of 233.52 feet to a concrete monument; Thence Northeasterly along the arc of a curve with a radius of 25.0 feet, through an arc of 71 degrees 04'35", for an arc distance of 31.01 feet, to a concrete monument; Thence continue Northeasterly along the arc of a reverse curve with a radius of 40.0 feet, through an arc of 122 degrees 23'40", for a distance of 85.45 feet, to a concrete monument; Thence South 76 degrees 39'35" East, for a distance of 321.10 feet, to a point on the U.S. Harbor line along the West side of Biscayne Bay; Thence South 5 degrees 37'19" West, along said Harbor Line, for a distance of 171.54 feet, to the Southeast corner of the tract herein described. Thence North 76 degrees 39'35" West, parallel with and 141.08 feet distance from the said Northerly line of said S.E. Fifth Street projected Easterly, for a distance of 670.29 feet to a concrete monument on the Easterly line of Brickell Avenue; Thence North 13 degrees 20'55" East, along said Easterly line of said Brickell Avenue, for a distance of 141.08 feet, to the Point of Beginning. LESS AND EXCEPT: A portion of "BRICKELL PARK", according to a Plat thereof; as recorded in Plat Book 15, at Page 39 and a portion of Deed Book 323, Page 298, as shown on "BRICKELL POINT", according to a Plat thereof, as recorded in Plat Book 8, at Page 34, both of the Public Records of Miami -Dade County, Florida, lying and being in the City of Miami, Miami -Dade County, Florida, being more particularly described as follows: Begin at the intersection of the Easterly extension of the North line of Southeast 5th Street with the East right-of-way line of Brickell Avenue as shown on said plat of "BRICKELL POINT" recorded in Plat Book 8 at Page 34; thence South 76°39'35" East, along the North line of the PRIVATE DRIVE as shown on said "BRICKELL POINT" for 62.36 feet; thence South 13°20'25" West for 17.93 feet; thence South 88°07'25" West for 49.35 feet to a point of curvature; thence southwesterly along a 20.00 foot radius curve, leading to the left, through a central angle of 74°46'30" for an arc distance of 26.10 feet to a point of cusp, said point lying on said right of way line of Brickell Avenue; thence in-1."AI((V1Iri....... -01Ann r1 1..I. f t% .1 n ACI nrr n_�_ A A _Z r1�1 North 13°20'55" East along said East right of way line for 50.18 feet to the Point of Beginning. LESS AND EXCEPT: A portion of "BRICKELL PARK", according to a Plat thereof, as recorded in Plat Book 15, at Page 39 and a portion of Deed Book 323, Page 298, as shown on "BRICKELL POINT", according to a Plat thereof, as recorded in Plat Book 8, at Page 34, both of the Public Records of Miami -Dade County, Florida, lying and being in the City of Miami, Miami -Dade County, Florida, being more particularly described as follows: Commence at the intersection of the Easterly extension of the North line of Southeast 5th Street with the East right-of-way line of Brickell Avenue as shown on said plat of "BRICKELL POINT" recorded in Plat Book 8 at Page 34; thence run South 76°39'35" East, along the North line of the PRIVATE DRIVE as shown on said "BRICKELL POINT", for 62.36 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue South 76°39'35" East for 65.92 feet to Reference Point "A"; thence South 88°0725" West for 68.31 feet; thence North I3°20'25" East for 17.93 feet to the Point of Beginning of the hereinafter described parcel of land. AND Commence at said Reference Point "A"; thence South 76°39'35" East along said North line of the Private Drive as shown on said BRICKELL POINT for 105.24 feet to a point of curvature; thence Northeasterly along a 25.00 foot radius curve, leading to the left, through a central angle of 28°25'34" for an arc distance of 12.40 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue along said circular curve, leading to the left, through a central angle of42°39'01 " for an arc distance of 18.61 feet to a point of reverse curvature; thence Northeasterly and Southeasterly, along a circular curve to the right, concave to the South, having a radius of 40 feet, through a central angle of I22°23'40", for an arc distance of 85.45 feet to a point on a non -tangent line; thence South 76°39'35" East for 284.60 feet; thence South 08°49'52" West for 20.06 feet; thence North 76°39'35" West for 286.23 feet; thence North 63°46'58" West for 45.61 feet; thence North 77°43'17" West for 10.49 feet; thence South 57°08'37" West for 14.11 feet; thence South 83°47'28" West for 17.02 feet to the Point of Beginning of the hereinafter described parcel of land. As further set forth on the drawing attached hereto. Book240971Paae2121 CFN#20051349186 Pane 15 of 22 GG I-Geuud/L601701oo8 9IIbn45UUG#NzIJ CC J•Li VI, dUUCI --.------• _MlAM! R►VER ONE BR1CKELL PLAZA Th. &lured Group of Roddy �rsotrinNr N 11.•..wN se0•1104 PEN.16•4wM Book240971Page2123 CFN#20051349186 Page 17 of 22 LEGAL DESCRIPTION: EXHIBIT "0" COrrmy4Eb A portion of "BRICKELt. POINT", according to a Plot thereof, as recorded in Plot Book 8, at Page 93 and a portion of Deed Book 323, Page 298, as shown on "BRICKELL POINT'. according to a •Pict thereof. as recorded in Plot Book 8, at Page 34, and o portion of Brickell Park, according to the Plat thereof. as recorded in Plat Book 15 at Page 39. all of the above being recorded In the Public Records of Iiliomi—Dade County, Florida, Tying and being in the City of Miami. Miami —Dade County. Florida, being more particularly described as falkrws: Commence at the intersection of the Easterly extension of the North line of Southeast 5th Street with the East right—of—way line of Brickell Avenue as shown on said plat of 'BRICKELL POINT' recorded in Plat Book 8 at Page 34; thence South 76'39'35" East, along the North One of the Private Drive as shown on said 'BRICKELL POINT" for 128.28 feet to the Point of Beginning of the hereinafter parcel of land; thence continue South 76'39'35' East, along said North One for 105.24 feet to a point of curvature: thence Northeasterly along the North Line of said Private Drive, as shown on said plat. and along o circular curve to the left, concave to the Northwest. having a radius of 25 feet. through a central angle of 28'25'34", for on arc distance of 12.40 feet to a point of non —tangency; thence North 83'4728" East for 17.02 feet; thence North 57'08'37" East for 14.11 feel; thence South 77'43'17' East for 10.49 feet; thence South 63'46'58' East for 45.61 feet; thence South 76'39'35" East for 286.23 feet; thence North 08'49'52' East for 20.06 feet; thence South 76'39'35" East for 36.41 feet to a point on the Dade County Bulkhead Line according to the plat thereof as recorded In Plat Book 74 at Page 18 of said Public Records of Miami —Dade County. Florida, also being the U.S. Harbor Line; thence South 05'37'19" West along said Bulkhead and Harbor Imes for 99.82 feet; thence deporting said Bulkhead and Harbor Mn,,eNorth 76'39'35" West along a line being 70.00 feet South of and parallel with sold Easterly extension of the North line of Southeast 51h Street, for 660.66 feet to a paint on said East right of way line of Brickell Avenue; thence North 13'20'55' East along said East right of way line for 19.82 feet to o paint of curvature; thence Northeasterly along a circular curve to the right, concave to the Southeast, having o radius of 20 feet. through a central angle of 74'46'30", for on are distance of 26.10 feet to a point of tangency; thence North 86'07'25" East for 117.66 feet to the Point of Beginning, SURVEYOR'S NOTES: — This site lies in Section 6, Township 54 South, Range 42 East, City of Miami, Miami —Dude County, Florida. — Bearings hereon ore referred to an assumed value of North 13'20'55' East for the East right of woy line of Brickell Avenue. — Dimensions indicated hereon are based on Fortin, Leavy, Skiles, drawing no. 293D-049-1. — This is not a 'Boundary Survey" but only a graphic depiction of the description shown hereon. SURVEYOR'S CERTIFICATION: I hereby certify that this 'Sketch of Description' was mode under my responsible charge on May 16. 2005, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61C17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid me:haul the signature and the WOW rowed seal of a Maids Lbnsed Suniynr end Mapper FO ; - , L€AW, : KILES, INC., L83653 Daniel C. Fortin, For The Finn Surveyor and Mapper. L_52853 State of Florida. lam By DANJR 050122 RaCDws. 293D-049-1 5/16/05 1:08p p r DESCRIP770N, NOTES, & CERTIFICATION 1 FORTIN, UAW, S ems, INC. CONSULTING BNB,, SURVEYORS & MAPPERS FLORIDA CHW�1cA.TE OF Amm17 Hr : 00003633 180 Northeast 168th. Bisect / North Nixed Bcsch. Pladd.. 33162 h 30S.653-4193 / Fax 305•d31 7152 F Bm.il figgiemarray.oacit LEGAL DESCRIPTION . nits 5/16/05 tira* NO SCALE Joh Na 050897 I Dw Na. 1005-007-1 Mat 2 of 3 1 D.,..I.r1Af1f17fi7......r]'!.1 A rt1-11.144rinnG4 rf An4 or. t1--- .r n -r nn 123 57.0 sr7 A=7446130" R=20.00' L=26.10' N1720'55"E 1111 111' 050122 EXHIBIT "p " c 0,31-/aueb BRICKELL HOMEPLACE LOT 1 OF BLOCK 103S mum POINT PLAT BOOK E. PAGE 03 POINT OF COMMENCEMENT W TERSECT ON OF EA8IEMY O TENSION OF NORTH LINE OF S E. 6TH STREET 8 EAST RIGHT OF WAY LINE OF BRiOOLL AVENUE PER PLAT BOOK 6. PAGE 34. POINT OF BEGINNING s "41°0 GRAPHIC SCALE 1 eo too 200 , 293D-049-1 5/16/Os 1:O6p (I nrs ) 1 Wok - 100 It. 9 A=28°25's4" R"`25•00. S 77°43117" E L=12.40' 10.49' S 83°46'58" E SKETCH OF DESCRIPTION FORTIN, LEA VY, S JULES, INC. CONSULTING ElICIINEERS, SURVEYORS & MAPPERS PLORE3A CERTIFICATE OF Ax ATION NTllldEIER:00003653 180 Naaherst 168t11. Meet / Minh Muni Beach. P1 rekla. 33162 Pbans 305-653-4493 / Pox 9O5.431-71S2 / Ewell thransmurvoyAman Sr6. 39,35. Npg°4 482. 20 06, E ZW10 5/16/05 INIZ Nit 1005-007-1 Book24097/Paae2125 CFN#20051349186 Pane 19 of 99 EXHIBIT "E" SHERATON SITE All that part of "Brickell Point", according to the plat thereof as recorded in Plat Book 8, at Page 34, of the Public Records of Miami - Dade County, Florida, lying and being in the City of Miami -Dade County, Florida, described as follows: PARCEL 1: Commence at the intersection of the Easterly extension of the North line of Southeast 5th Street with the East right-of-way line of Brickell Avenue as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34; thence run South 76 degrees 39'35" East, along the North [Inc of the Private Drive as shown on said "Brickell Point", for a distance of 40.00 feet, to the Point of Beginning of the parcel of land hereinafter to be described: Thence continue South 76 degrees 39'35" East, along the last described course, for a distance of 193.52 feet, to the Point of Curvature; thence run through the next 3 courses along North line of said Private Drive, as follows: run Easterly and Northeasterly along a circular curve to the left, concave to the Northwest, having a radius of 25 feet, a central angle of 71 degrees 04'35", through an arc distance of 31.01 feet, to a Point of Reverse Curvature; thence run Easterly and Southeasterly, along a circular curve to the right, concave to the South, having a radius of 40 feet, a central angle of 122 degrees 23'40" through an arc distance of 85.45 feet, to a point; thence run South 76 degrees 39'35" East, for a distance of 295 feet, more or less, to the shoreline of Biscayne Bay as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34 (dated: September 1921): thence meander Northwardly along said shoreline, on a general direction of North 9 degrees East, more or less, for a distance of 361 feet, more or less, to a point, said point being marked as H.L. 36 as shown on a Metropolitan Dade County Bulkhead Line map recorded in Plat Book 74, at Page 18, of the Public Records of Miami • Dade County, Florida; thence meander Northwesterly along said shoreline on a general direction of North 22 degrees West, more or less, for a distance of 180 feet, more or less, to a point, said point being the Easterly end point of a Tentative Harbor Line as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34 (dated: September 1921) and also being marked on said Plat Book 74, of Page 18 as HL 1; thence meander further Northwesterly, along said shoreline, on a general direction of North 37'30" West, more or less, for a distance of 62 feet, more or less, to a point: thence run South 38 degrees 07'25" West, for a distance of 240 feet, more or less, to a point; thence run South 88 degrees 07'25" West, for a distance of337.50 feet, to a point on the arc of a 35-foot radius curve, said point bearing South 88 degrees 07'25" West to the center of said curve; thence run Southerly and Southwesterly along said circular curve to the right, concave to the West, having a radius of 35.00 feet, a central angle of 55 degrees 09'00", through an arc distance of 33.69 feet, to a Point of Reverse Curvature; thence run Southwesterly and Southerly along a circular curve to the left, concave to the East having a radius of 35 feet, a central angle of 55 degrees 09'00" through an arc distance of 33.69 feet to a Point of Tangency; thence run South 1 degrees 52'35" East, for a distance of 55.33 feet to a Point of Curvature; thence Southerly and Southwesterly, along a circular curve to the Book240971Paae2126 CFN#2005134G1 RR PanP 7f1 of 77 right, concave to the West leaving a radius of 572.28 feet, a central angle of 15 degrees 13'30" through an arc distance of 152.07 feet, to the Point of Beginning: containing 5.001 acres, more or less. PARCEL 2: an undivided 9115 fee simple interest in and to the following parcel: Begin at the intersection of the Easterly extension of the North line of Southeast 5th Street with the Easterly line of Brickell Avenue as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34 of the Public Records of Miami - Dade County, Florida; thence run Northerly on the Easterly boundary line of Brickell Avenue (Southeast 2nd Avenue bridge approach) across the Miami River, according to Condemnation Proceedings recorded duly 16,1928, in Circuit Court Minute Book 36, at Page 290 of the Public Records of Miami - Dade County, Florida, along a circular curve to the left, concave to the West, having a radius of 532.28 feet, a central angle of 15 degrees 13'30", for an arc distance of 141.44 feet, to the Point of Tangency; thence continue along the East boundary line of said Southeast 2nd Avenue bridge approach across the Miami River, along the line whose bearing is North 1 degrees 52'35" West, for a distance of 112.78 feet, to a point; thence run Northerly, Easterly and Southerly along a circular curve to the right concave to the South, having a radius of 35 feet, a central angle of 235 degrees 09'00" through an arc distance of 143.65 feet, to the Point of Reverse Curvature; thence run Southwesterly and Southerly along a circular curve to the left, concave to the East, having a radius of 35 feet, a central angle of 55 degrees 09'00", through an arc distance of 33.69 feet, to the Point of Tangency; thence run South degrees 52'35" East, along a line parallel to and 40 feet Easterly from the Easterly boundary line of said Southeast Second Avenue bridge approach across the Miami River, measured at right angles thereto, for a distance of 55.33 feet to a Point of Curvature; thence run Southerly on a line parallel to and 40 feet Easterly from, measured radially to the Easterly boundary line of the said Southeast Second Avenue bridge approach across the Miami River, along a curve to the left, concave to the West having a radius of 572.28 feet, a central angle of 15 degrees 13'30", through an arc distance of 152.07 feet to a point on•the North boundary line of the Private Drive as shown on said plat of Brickell Point; thence run North 76 degrees 39'55" West, along the North boundary line of said Private Drive, for a distance of 40 feet to the Point of Beginning; containing 032 acre, more or less. Less and except from the foregoing Parcel 2 the following fee simple right of way known as "Parcel 102" taken by the State of Florida Department of Transportation pursuant to Order of Taking recorded in Official Records Book 15569, Page 1203, Public Records of Miami - Dade County, Florida: PARCEL 102: That portion of Brickell Point, according to the plat thereof as recorded in Plat Book 8, at Page 93, of the Public Records of Miami - Dade County, Florida, and lying in Section 38, Township 54 South, Range 42 East, Miami- Dade County, Florida being bounded and described as follows: COMMENCE at the point of intersection of the Easterly Right of Way line of Brickell Avenue with the Northerly line of S.E. 5th Street as shown on the plat of Brickell Point, Rnnlr')A f1071Dnrrc7 4 77 01 RA evr '1 ' OR BK 24097 P( 2128 LAST PAGE as recorded in Plat Book 8, at Page 93, of the Public Records of Miami - Dade County, Florida, said point being the point of curvature (P.C.) for circular curve having the following elements, a radius of 532.28 feet, a central angle of 08 degrees 08'44", a chord of 75.61 feet and a chord bearing of NO8 degrees 52'32"E; thence run along said Easterly right of way line of Brickell Avenue and said curve to the left an arc distance of 75.67 feet to the Point of Beginning of the parcel of land hereinafter to be described, said point lying on the arc of a curve, said curve having the following elements, a radius of 532.28 feet, a central angle of 07 degrees 05'04", a chord of 65.77 feet and a chord bearing of NO I degrees 15'38"E; thence continue along said Right of Way line and said curve to the left an arc distance of 65.81 feet to the point of tangency (P.T.) of said curve; thence NO2 degrees 16'54" W along Right of Way line a distance of 112.78 feet to a point of curvature (P.C.) of a circular curve to the right having the following elements, a radius of 35.00 feet, a central angle of 77 degrees 23'35", a chord of 43.76 feet and a chord bearing of N36 degrees 24'53"E; thence continue along said Easterly Right of Way line of Brickell Avenue and said curve to the right of an arc distance of 47.28 feet to a point of intersection with a non -tangent line; thence run SO2 degrees 16'54" E along said non tangent line a distance of 16.37 feet to a point of curvature (P.C.) with a circular curve to the right having the following elements, a radius of 604.25 feet, a central angle of 15 degrees 13'48", a chord of 160.15 feet and a chord bearing of NO5 degrees 20'00" E; thence run along said curve to the right an arc distance of 160.62 feet to the point of tangency (P.T.); thence run S12 degrees 56'54" W a distance of 38.84 feet to the Point of Beginning. Being a portion of those lands described in Official Records Book 11262, at Page 739, of the Public Records of Miami - Dade County, Florida. Together with all rights of ingress and egress established in that certain Order dated March 9,1945, entered in Chancery Case No. 54811 of the Circuit Court of the Eleventh Judicial Court in and for Judicial Court in and for Dade County, Florida, as recorded in Chancery Order Book 719, at Page 191, of the Public Records of Miami - Dade County, Florida. PARCEL 3: Together with the rights of ingress and egress from the- publicly dedicated and maintained street known as "Brickell Avenue" to Parcel 1 of the Insured Property over and across Parcel 2 of the Insured Property created as a Common Easement for private road right of way in Chancery Case No. 54811 of the Circuit Court of the Eleventh Judicial Court in and for Judicial Court in and for Miami -Dade County, Florida as recorded in Chancery Order Book 719, at Page 191, of the Public Records of Miami - Dade County, Florida, as affected by Private Access Road agr between MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation, 97807 CANADA LTDJLTEE., a Canadian corporation, 275214 CANADA, INC., a Canadian corporation and 468310 ONTARIO, INC., a Canadian corporation, recorded May 24,1995 in Official Records Book 16791, Page 2561 of the Public Records of Miami - Dade County, Florida. Rnnk74f1A7/Panp717R C:FRI#oilml14G1 RR Pang. 9) r f 99 410 „„,_.,,10 fir„,..u..„,_,,,z.,„_ _.. ...„..„..„,„.„,_,..,,__,• .,.,±ii„.....,..,_, ,..... . ... ___ AMERICAN LAN!) TITLE ASSOCIATION COMMITMENT --- 1966 CHICAGO TITLE INSURANCE COMPANY COMMITMENT # 300406620 COMMITMENT FOR TITLE INSURANCE CHICAGO 'I I°TLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedules A and II and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is.prelimtnary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WI fNLSS WHEREOF, Chicago Title Insurance Company has caused this Contntitment to be signed and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. GREENI3ERG I RAURIG, P.A. 1221 Brickell Avenue Miami, FL 33131 (305) 579-0500 CHICAGO TIME INSURANCE COMPANY By: 20,!_ff cr. President By ATTEST Rum C 3360 (Itcptinted Ioiot» ACCA Commitment • 1966 American Land Title Association 0 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Office File Number 07632.055000 1. Policy or Policies to be issued: Effective Date September 6, 2004 at 11:00 pm OWNER'S POLICY (Rev. 10-17-70 and 10-17-84) with Florida Modifications Proposed Insured: TRG-Rrickell Point, Ltd., a Florida limited partnership Commitment Number 300406620 $94,000,000.00 2. ] he estate or interest in the land described or referred to in this Commitment and covered herein is fee simple, and title thereto is at the effective date hereof vested in: Massachusetts Mutual Life Insurance Company, a Massachusetts corporation 3. The Land is described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. Note: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This Commitment is of no force and effect unless all schedules are included. along with any Rider pages incorporated by reference in the insert pages. ARA 4199 SU ^T/ A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 9 Commitment Number 300406620 1. The following are requirements to be complied with: 1 Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. a)Special Warranty Deed from Massachusetts Mutual Life Insurance Company, a Massachusetts corporation, to the TRG-Brickell Point, Ltd., a Florida limited partnership, conveying the land described in Schedule A. (NOTE: If the proposed instrument of conveyance is to be executed by an Officer other than a Chief Executive Officer, President or Vice President, a certified Resolution authorizing said Officer to sign on behalf of the corporation must be recorded.) 2 Payment of the full consideration to, or for the account of, the grantors or mortgagors. 3 Payment of all taxes, charges, assessments, levied and assessed against subject premises for the year 2004 and all prior years. 4 Satisfaction of the Mortgage from Maprops Three, Ltd. to Manufacturers Hanover Trust Company, recorded January 7, 1980, in O.R. Book 10617, Page 2239, as modified and consolidated by that certain Mortgage and Consolidation Agreement recorded in O.R. Book 10732, Page 40, and as assigned to Massachusetts Mutual Life Insurance Company by Assignment of Mortgage and Security Agreement recorded in O.R. Book 11686, Page 925, as further modified and consolidated by Mortgage and Mortgage Consolidation Modification Agreement and Security Agreement recorded in O.R. Book 11286, Page 930, all of the Public Records of Miami -Dade County, Florida. 5 Release of the Assignment of Rents and Leases executed by Massachusetts Mutual Life Insurance Company and Maprops Three, Ltd. to Massachusetts Mutual Life Insurance Company, recorded December 4, 1991, in O.R. Book 11286, Page 976, of the Public Records of Miami -Dade County, Florida. 6 Termination of or indemnification acceptable to the Company over any liens arising by virtue of the Notice of Commencement filed August 23, 2004 in Official Records Book 22598, at Page 2474. 7 Satisfactory evidence must be furnished showing that Massachusetts Life Insurance Company is a corporation organized under the laws of Massachusetts and is currently in good standing in that state. ARO1 4199 SB • A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE 6 - Section 1 8 Satisfactory evidence must be furnished showing that the TRG-Brickcll Point, Ltd. is validly organized under the laws of the State of Florida and is currently in good standing in that state 9 Determination must be made that there are no unrecorded special assessment liens or unrecorded liens arising by virtue of ordinances, unrecorded agreements as to impact or other development fees, unpaid waste fees payable to the county or municipality, or unpaid service charges under Ch. 159, C.S., or county ordinance. 10 Satisfaction or Release of the Certified Final Judgment recorded May 27, 2004 in O.R. Book 22343, Pagc 1590 in favor of Mary Lou "Terwilliger and against Massachusetts Mutual Life Insurance Company d/b/a Sheraton Brickcll Point Miami and Interstate Hotels Corporation. Note: A Notice of Filing Satisfaction of Judgment was recorded in O.R. Book 22564, Page 963 by Sheraton Brickcll Point Miami and Interstate Hotels Corporation, however, a Satisfaction from the judgment debtor has not been recorded. 11 The Company must review the litigation matter filed in Miami -Dade County Circuit Case No. 99-4219 (CA 32) with respect to the adjoining property (Miami Circle Site) to determine who the current owner is of the 6/15 interest to Parcel 2. At this time, the Company believes that the current owner is the Board of Trustees of the Internal Improvement Fund of the State of Florida but it must obtain confirmation of same. Consequently, the Company reserves the right to amend and revise Schedule B-II, Item Number 9. End of Schedule B - Section 1 ARBI 4199 S0 Id/ • • A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 Commitment Number 300406620 l[, Schedule I3 of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1 Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2 Standard Exceptions: a. Rights or claims of parties in possession not shown by the Public Records. b. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. c. Easements, or claims of casements, not shown by the Public Records. d. Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. e. Taxes or special assessments which are not shown as existing liens by the Public Records. f. Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. g• Taxes and assessments for the year 2005 and subsequent years. 3 Standard exceptions (b) and (c) may be removed from the policy when a satisfactory survey and surveyor's report and inspection of the premises is made. 4 Standard exceptions (a) and (d) may be removed upon receipt of a satisfactory affidavit -indemnity from the party shown in title and in possession stating who is in possession of the lands and whether there are improvements being made at date of commitment or contemplated to commence prior to the date of closing which will not have been paid tar in full prior to the closing. 5 Easement for ingress and egress granted to Florida East Coast Properties, Inc., recorded August 24, 1972 in Official Records Book 7862, Page 743. (As to Parcel 2) 6 Riparian rights arc neither guaranteed nor insured. NOTE: On loan policies junior and subordinate matters, if any, will not be reflected In Schedule B. ARD2 4I99 S© It/ • • A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 Commitment Number 300406620 7 That portion of the insured Property that lies easterly of the most westerly line of the mean high water line of Biscayne Bay is not insured. 8 The interest of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida of an undivided 6/15 fee simple interest in and to the lands described as Parcel 2 pursuant to Amended Consent of Final Judgment recorded November 30, 1999 in Official Records Book 18879, Page 1101 is not insured. 9 This Policy affirmatively insures title to all naturally accreted land, which is not submerged, lying west of the mean high water line (NCV Datum December 22, 23, 1979 as shown on survey titled "Sketch of Survey of a portion of Brickell Point" dated October 26, 1981, and prepared by Post, Buckley, Schuh & Jernigan, Inc.) and not included within Parcel 1 of the property described in Schedule A. 10 Those portions of the property herein described comprising artificially filled land in what was formerly navigable waters, are subject to any and all rights of the United States goverrunent arising by reason of the United States government's control over navigable waters in the interest of navigation and commerce. NOTE: If the Proposed Insured elects to obtain a Navigational Servitude Endorsement issued with the final owner's policy then the following Note shall apply: "Note: The forced removal coverages afforded under the Navigational Servitude Endorsement attached hereto and made a part hereof shall apply to the improvements existing as of date of Policy and to the improvements to be constructed by the Insured after date of Policy on the Lands described in Schedule A." 11 Agreement for the Construction of Sanitary Sewage Facilities and for Disposal of Sanitary Sewage between Maprops III, Ltd. and Miami -Dade Water and Sewer Authority dated March 4, 1980 and recorded March 6, 1980 in Official Records Book 10678, at Page 2173. I2 Agreement for the Construction of Water Facilities and for the Provision of Water Service between Maprops II1, Ltd. and Miami -Dade Water and Sewer Authority dated March 4, 1980 and recorded March 6, 1980 in Official Records Book 10678, at Page 2148. 13 Unrecorded Riverwalk easement along Biscayne Bay as shown on the "Sketch of Survey of a Portion of Brickell Point" dated October 26, 1981 and prepared by Post, Buckley, Schuh & Jernigan, Inc., which easement has been delivered to the City of Miami Planning Department for recordation in the Public Records of Miami -Dade County, Florida. AHH2 4199 SO NOTE: On loan policies, junior and subordinate matters, if any, will not be reflected in schedule B fl� • • A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 Commitment Number 300406620 14 Grant of Easement to Miami -Dade Water and Sewer Authority dated February 12, 1982 and recorded April 22, 1982 in Official Records Book 11419, Page 901. (As to Parcel I) 15 Grant of Easement to Miami -Dade Water and Sewer Authority dated June 1, 1982 and recorded December 8, 1983 recorded in Official Records Book 11990, Page 2185. (As to Parcel 2) 16 Permanent Easement in favor of the State of Florida Department of Transportation described as Parcel 802 in that certain Order of Taking recorded in Official Records l3ook 15569, Page 1203 and re -recorded as an attachment to that certain Certificate of Payment in Official Records Book 15579, Page 3192. (As to Parcels 1 and 2) 17 Perpetual Easement Agreement between Massachusetts Mutual Life Insurance Company and The State of Florida Department of 'Transportation dated November 16, 1992 and recorded December 7, 1992 in Official Records Book 15737, Page 4438. 18 Private Access Road Agreement between Massachusetts Mutual Life Insurance Company and 97807 Canada Ltd/Ltec., 2757214 Canada Inc., and 468310 Ontario, Inc. as recorded May 24, 1995 in Official Records Book 16791, Page 2561. 19 Easement Agreement between Massachusetts Mutual Life Insurance Company and 97807 Canada Ltd/Ltee. and 2757214 Canada, Inc. and 468310 Ontario, Inc. as recorded May 24, 1995 in Official Records Book 16791, Page 2538. 20 Covenant Running With the Land in Favor of Miami -Dade County regarding the docking facility recorded in Official Records Book 18117, Page 1497. NOTE: All of the recording information contained herein refers to the Public Records of Miami -Dade County, Florida, unless otherwise indicated. End of Schedule 13 - Section 2 NOTE: On loan policies, junior and subordinate matters, If any, will not be reflected in Schedule 9. AHB2 4/ 9 Se \k/ EXHIBIT "A" LEGAL DESCRIPTION Commitment Number 300406620 All that part of "Brickell Point", according to the plat thereof as recorded in Plat Book 8, at Page 34, of the Public Records of Miami - Dade County, Florida, lying and being in the City of Miami - Dade County, Florida, described as follows: PARCEL 1: Commence at the intersection of the Easterly extension of the North line of Southeast 5th Street with the East right-of-way line of Brickell Avenue as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34; thence run South 76 degrees 39'35" East, along the North line of the Private Drive as shown on said "Brickell Point", for a distance of 40.00 feet, to the Point of Beginning of the parcel of land hereinafter to be described: Thence continue South 76 degrees 39'35" East, along the last described course, for a distance of 193.52 feet, to the Point of Curvature; thence run through the next 3 courses along North line of said Private Drive, as follows: run Easterly and Northeasterly along a circular curve to the left, concave to the Northwest, having a radius of 25 feet, a central angle of 71 degrees 04'35", through an arc distance of 31.01 feet, to a Point of Reverse Curvature; thence run Easterly and Southeasterly, along a circular curve to the right, concave to the South, having a radius of 40 feet, a central angle of 122 degrees 23'40", through an arc distance of 85.45 feet, to a point; thence run South 76 degrees 39'35" East, for a distance of 295 feet, more or less, to the shoreline of Biscayne Bay as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34 (dated: September 1921): thence meander Northwardly along said shoreline, on a general direction of North 9 degrees East, more or Tess, for a distance of 361 feet, more or less, to a point, said point being marked as H.L. 36 as shown on a Metropolitan Dade County Bulkhead Line map recorded in Plat Book 74, at Page 18, of the Public Records of Miami - Dade County, Florida; thence meander Northwesterly along said shoreline on a general direction of North 22 degrees West, more or less, for a distance of 180 feet, more or less, to a point, said point being the Easterly end point of a Tentative Harbor Line as shown on said plat of "Brickell Point" recorded in Plat Book 8, at Page 34 (dated: September 1921) and also being marked on said Plat Book 74, of Page 18 as HL l; thence meander further Northwesterly, along said shoreline, on a general direction of North 37'30" West, more or less, for a distance of 62 feet, more or less, to a point: thence run South 38 degrees 07'25" West, for a distance of 240 feet, more or less, to a point; thence run South 88 degrees 07'25" West, for a distance of 337.50 feet, to a point on the arc of a 35-foot radius curve, said point bearing South 88 degrees 07'25" West to the center of said curve; thence run Southerly and Southwesterly along said circular curve to the right, concave to the West, having a radius of 35.00 feet, a central angle of 55 degrees 09'00", through an arc distance of 33.69 feet, to a Point of Reverse Curvature; thence run Southwesterly and Southerly along a circular curve to the left, concave to the East having a radius of 35 feet, a central angle of 55 degrees 09'00" through an arc distance of 33.69 feet to a Point of Tangency; thence run South 1 degrees 52'35" East, for a distance of 55.33 feet to a Point of Curvature; thence Southerly and Southwesterly, along a circular curve to the right, concave to the West having a radius of 572.28 feet, a central angle of 15 degrees 13'30" through an arc distance of 152.07 feet, to the Point of Beginning: containing 5.001 acres, more or less. STATUS 5/99 8B O • EXHIBIT "A" LEGAL DESCRIPTION Commitment Number 300406620 An undivided 9/15 fcc simple interest in and to the following parcel: PARCEL 2: l3egin at the intersection of the Easterly extension of the North line of Southeast 5th Street with the Easterly line of Brickell Avenue as shown on said plat of "Brickell Paint" recorded in Plat Book 8, at Page 34 of the Public Records of Miami - Dade County, Florida; thence run Northerly on the Easterly boundary line of Brickell Avenue (Southeast 2nd Avenue bridge approach) across the Miami River, according to Condemnation Proceedings recorded July 16, 1928, in Circuit Court Minute Book 36, at Page 290 of the Public Records of Miami - Dade County, Florida, along a circular curve to the left, concave to the West, having a radius of 532.28 feet, a central angle of I5 degrees 13'30", for an arc distance of 141.44 feet, to the Point of Tangency; thence continue along the East boundary line of said Southeast 2nd Avenue bridge approach across the Miami River, along the Tine whose bearing is North 1 degrees 52'35" West, for a distance of 112.78 feet, to a point; thence run Northerly, Easterly and Southerly along a circular curve to the right concave to the South, having a radius of 35 feet, a central angle of 235 degrees 09'00" through an arc distance of 143.65 feet, to the Point of Reverse Curvature; thence run Southwesterly and Southerly along a circular curve to the left, concave to the East, having a radius of 35 feet, a central angle of 55 degrees 09'00", through an arc distance of 33.69 feet, to the Point of Tangency; thence run South 1 degrees 52'35" East, along a line parallel to and 40 feet Easterly from the Easterly boundary line of said Southeast Second Avenue bridge approach across the Miami River, measured at right angles thereto, for a distance of 55.33 feet to a Point of Curvature; thence run Southerly on a line parallel to and 40 feet Easterly from, measured radially to the Easterly boundary line of the said Southeast Second Avenue bridge approach across the Miami River, along a curve to the left, concave to the West having a radius of 572.28 feet, a central angle of 15 degrees 13'30", through an arc distance of 152.07 feet to a point on the North boundary line of the Private Drive as shown on said plat of Brickell Point; thence run North 76 degrees 39'55" West, along the North boundary line of said Private Drive, for a distance of40 feet to the Point of Beginning; containing 0.32 acre, more or less. LESS AND EXCEPT FROM THE FOREGOING PARCEL 2 THE FOLLOWING FEE SIMPLE RIGHT OF WAY TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURSUANT TO ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 15569, PAGE 1203, PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA. PARCEL 102: That portion of Brickell Point, according to the plat thereof as recorded in Plat Book 8, at Page 93, of the Public Records of Miami - Dade County, Florida, and lying in Section 38, Township 54 South, Range 42 East, Miami- Dade County, Florida being bounded and described as follows: STATUS 5199 5© EXHIBIT "A" LEGAL DESCRIPTION Commitment Number 300406620 COMMENCE at the point of intersection of the Easterly Right of Way line of Brickell Avenue with the Northerly line of S.L. 5th Street as shown an the plat of Brickell Point, as recorded in Plat Book 8, at Page 93, of the Public Records of Miami - Dade County, Florida, said point being the point of curvature (P.C.) for circular curve having the following elements, a radius of 532.28 feet, a central angle of 08 degrees 08'44", a chord of 75.61 feet and a chord bearing of N08 degrees 52'32"E; thence run along said Easterly right of way line of Brickell Avenue and said curve to the left an arc distance of 75.67 feet to the Point of Beginning of the parcel of land hereinafter to be described, said point lying on the arc of a curve, said curve having the following elements, a radius of 532.28 feet, a central angle of 07 degrees 05'04", a chord of 65,77 feet and a chord bearing of NO l degrees 15'38"E; thence continue along said Right of Way line and said curve to the left an arc distance of 65.81 feet to the point of tangency (P.T.) of said curve; thence NO2 degrees 16'54" W along Right of Way line a distance of 112.78 feet to a point of curvature (P.C.) of a circular curve to the right having the following elements, a radius of 35.00 feet, a central angle of 77 degrees 23'35", a chord of 43.76 feet and a chord bearing of N36 degrees 24'53"E; thence continue along said Easterly Right of Way line of Brickell Avenue and said curve to the right of an arc distance of 47.28 feet to a point of intersection with a non -tangent line; thence run SO2 degrees 16'54" E along said non tangent line a distance of 16.37 feet to a point of curvature (P.C.) with a circular curve to the right having the following elements, a radius of 604.25 feet, a central angle of 15 degrees 13'48", a chord of 160.15 feet and a chord bearing of N05 degrees 20'0O" E; thence run along said curve to the right an arc distance of 160.62 feet to the point of tangency (P.T.); thence run S12 degrees 56'54" W a distance of 38.84 feet to the Point of Beginning. Being a portion of those lands described in Official Records Book 11262, at Page 739, of the Public Records of Miami - Dade County, Florida. Together with all rights of ingress and egress established in that certain Order dated March 9, 1945, entered in Chancery Case No. 54811 of the Circuit. Court of the Eleventh Judicial Court in and for Judicial Court in and for Dade County, Florida, as recorded in Chancery Order Book 719, at Page 191, of the Public Records of Miami -Dade County, Florida. PARCEL 3: Together with rights of ingress and egress from the publicly dedicated and maintained street known as "Brickell Avenue" to Parcel 1 of the Insured Property over and across Parcel 2 of the Insured Property created as a Common Easement for private road right-of-way in Chancery Case No. 54811 of the Circuit Court of the Eleventh Judicial Court in and for Judicial Court in and for Miami -Dade County, Florida, as recorded in Chancery Order Book 719, at Page 191, of the Public Records of Miami -Dade County, Florida, as affected by Private Access Road Agreement between MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation, 97807 CANADA LTD./LTEE., a Canadian corporation, 275214 CANADA, INC., a Canadian corporation and 468310 ONTARIO, INC., a Canadian corporation, recorded May 24, 1995 in Official Records Book 1679I, Page 2561 of the Public Records of Miami -Dade County, Florida. STATUS 5199 Se �TANDARD EXCEPTIONS FOR OWNER'S. Y The owner's policy will be subject to the mortgage, if any, noted under item one of Section 1 of Schedule B hereof and to the following exceptions: (1) rights or claims of parties in possession not shown by the public records; (2) encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey and inspection of the premises; (3) easements, or claims of easements, not shown by the public records; (4) any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records; (5) taxes or special assessments which are not shown as existing liens by the public records, CONDITIONS AND STIPULATIONS I. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. 1f the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commit- ment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. a I • CHICAGO TITLE INSURANCE COMPANY ENDORSEMENT No. 1 TO CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 300406620 1. The Effective Date is hereby amended to be December /0 , 2004, and through recordation of the Conveyance Deed to Trustee Under Land Trust Agreement to the Proposed Insured. 2. The Proposed Insured is hereby changed to the following and the word "Proposed" is deleted: City National Bank of Florida, a national banking association, as trustee under Land Trust No. 2401-1863-00 and (a) TRG-Brickcll Point Common, Ltd., a Florida limited partnership, (h) TRG-Brickell Point NE, Ltd., a Florida limited partnership, (c) TRG- I3rickcll Point SE, Ltd., a Florida limited partnership, and (d) TRG-Brickell Point West, Ltd., a Florida limited partnership, as the sole beneficiaries under Land Trust No. 2401- 1863-00, as their interests may appear 3. The Insured Amount is hereby changed from $94,000,000.00 to $108,000,000.00. 4. Schedule A, Item 2 is amended to indicate that title is vested in City National Bank of Florida, a national banking association, as trustee under Land Trust No. 2401-1863-00. 5. The requirements set firth in Schedule 13-1, Items 1 through 11 inclusive, arc hereby deleted or waived. 6. Schedule 13-Section II, Items 1, 2(a) is hereby deleted and replaced with the following: "Rights of Massachusetts Mutual Life Insurance Company ("Mass Mutual") as tenant only, pursuant to that certain Lease between Mass Mutual and City National Bank of Florida, a national banking corporation, as Trustee under Land Trust 2401-1863-00, dated December 9`f' , 2004, as evidenced of record by Memorandum of Lease to be recorded in the Public Records; rights of parties of possession, as subtenants only, or having concession or license rights, claiming by, through or under Mass Mutual; rights of transient hotel guests." 7. Schedule B-Section II, Item 2(b) and (c) are hereby deleted and replaced with the following: "Survey prepared by Fortin, Leavy, Skiles, Inc., Job No. 930105, Drawing No. 293-049-1 dated March 1, 1993, last certified on October 8, 2004 shows the following: a. Fence Meandering along the southerly property lint on and beyond property line. Ownership of the fence has not been determined. • CIIIICAGO TITLE INSURANCE COMPANY ENDORSEMENT No. 1 TO CIIICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 300406620 h. c. d. (CONTINUED-- Page 2) Planter on the 12' easement in U.R. Book 11419 Page 901 given to Miami Dade Water and Sewer Authority and encroaching onto the Department of Transportation Easement Parcel 802 and the access casements. Various utility dcviccs located within the casement areas shown on the survey and throughout the property without the benefit of recorded easements. Ownership of these dcviccs has not been determined. Retention Wall on property line, wood utility with guy wires inside property line without the benefit of recorded easement, chain link fence encroaching onto neighboring property on and along northerly line. f. Title to the Wood Dock on easterly side of property encroaching into Biscayne 13ay is not insurcd. g. Stairs encroaching onto the 50 foot building setback line along the easterly property line. 8. Schedule 13-Section II, Items 2(d), (e) and (t) arc hereby deleted. 9. Schedule 13-Section 11, Item 2(g) is hereby deleted and replaced with the following: "Taxes for the year 2005, which are not yet due and payable." 10. Schedule B-Section 11, Items 3, 4, 7 and 9 arc hereby deleted. 1. Schedule B-Section II, Item 8 is hereby amending by adding the following at the end: "(As to Parcel 2)" 12. Schedule B-Section If, Item 13 is amended by deleting it in its entirety and replacing it with the following: "Grant of Easement in fervor of the City of Miami for pedestrian access along easterly portion of property along Biscayne Bay dated March 6, 1981 which easement was delivered to the City of Miami in 1981 but never recorded and is being recorded immediately prior to insured deed as an attachment to that certain Affidavit Regarding Delivery of Easement dated on or about the date hereof and attached as Exhibit "13" hereto." Note: Actual recording information tier the Affidavit will be added to the final owner's policy. • CHICAGO TITLE INSURANCE COMPANY ENDORSEMENT No. 1 TO CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 300406620 (CONTINUED-- Page 3) 13. Schedule B- Section 11, Item 16 is hereby amended by deleting the parenthetical at the end and replacing it with the following: "(As to Parcel 1 )" 14. The following exceptions are hereby added to Schedule B-Section II: "21. Pending improvement of the insured property, this policy only insures to the amount actually expended in the acquisition of the land and the improvement thereof by the insured, but as sums are expended in good faith and without actual knowledge of any adverse matters in title, the amount of insurance under this policy shall increase to the extent of such expenditures to improve the insured property up to the amount of insurance stated in Schedule A, but neither the date of policy nor any other part of the policy shall be deemed changed by virtue of such disbursement. The company acknowledges that $95,390,043.75 in insurance is in effect has been actually expended as of the date hereof. 22. Financing Documents delivered by the Insured to FISBC Realty Credit Corporation (USA), a Delaware corporation to be recorded in the Public Records of Miami -Dade County, Florida." AGENT NAME: Greenberg Traurig, P.A. 1221 Brikel venue Miami/ c 31 Steve A. Lan \V' IIA•SRVO1`.1602571 0-1tI2F1tI.M7632 055300 hii911-- Thls Instrument prepared by and after recording return to Name Steven A Landy, Esquire Address Greenberg Traurig, P A 1221 Brlcicell Avenue Miami, Florida 33131 (Spar,* Reserved for Clerk al the Court; AFFIDAVIT OF DELIVERY OF GRANT OF EASEMENT BEFORE ME, the undersigned authority, personally appeared Clifford A. Schulman ("Affiant"), who upon being duly sworn, on oath, deposes and says: 1. Affiant is a zoning and land use attorney at the law firm of Greenberg Traurig, P.A. 2. In connection with Affiant's representation of the prior owner of the Sheraton Biscayne Bay Hotel (f/k/a Brickell Holiday Inn), Affiant delivered to the City of Miami, Florida on or about March 31, 1981 that certain Grant of Easement ("Easement") dated March 6, 1981 given by Maprops Three, Ltd., a Georgia limited partnership to the City of Miami, Florida with respect to the real property more particularly described in the Easement. 3. Although it was intended that the Easement be recorded in the Public Records of Miami -Dade County, Florida, a search of the public records indicates that the Easement was never recorded by the City. 4. Attached hereto and by this reference made a part hereof is a true, correct and complete copy of the Easement. 5. The recordation of this Affidavit in the Public Records of Miami -Dade County, Florida is intended to provide constructive notice of the Easement. FURTHER AFFIANT SAYETH NAUGHT Signer,, sealed and delivered in th Clifford A. Schulman Print or Type Name e foregoing instrument was sworn to, subscribed and acknowledged before me this --day of December 2004 by Clifford A. Schulman. He personally appeared before me and is personally known to me. [NOTARIAL SEAL] OFFICIAL NOTARY SEAL E3KENDA M FERNANDF2 NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DDI2S003 MY COMMISSION EXP. JUNE 20,2006 N O1%12 11/o4. Notary: Print Name: . Fr - Notary Public, State of Florida My commission expires: (n- ZO -O 60 Commission Number: by /nj JXj.3 • • GRANT OF EASEMENT THIS GRANT 0P EASEMENT is made this 6- day of ?7)a , 1981, by MAPROPS THREE, LTD., a Georgia limited. partnership, hereinafter called "GRANTOR", in favor of the CITY OF MIAMI ("CITY"). WHEREAS, the GRANTOR is the fee -simple owner of that certain real property located in the City of Miami, Dade County, Florida, described in Exhibit "A", attached hereto and made a part hereof, hereinafter referred to as the "Property"1 and WHEREAS, the GRANTOR has offered to dedicate and grant to the CITY an casement for pedestrian acceaa on, over and across the Easterly portion of the property more specifically described in Exhibit "B", attached hereto and made a part hereof and hereinafter referred to as the "Bay Easement"; and WHEREAS, GRANTOR deeirea to conatruct and maintain landscaped walkwaya and other pedestrian oriented amenities in the Bay Easement for the benefit of the citizens and residents of the CITY and general public. NoW, THEREFORE, GRANTOR, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants the following easements: 1. GRANTOR hereby grants to the CITY , its 6ucceasore and assigns, a perpetual non-exclusive easement on, over and across the Bay Easement, more particularly described in Exhibit "8", for the use and benefit of the public as a pedestrian walkway reaerving to GRANTOR, its successors and assigns, the reversion of the Bay Ease- ment in the event of the discontinuance of such use for a period of six (6) months, 2. GRANTOR hereby reserves to itself, its successors and assigns, the right, privilege and easement to go on, over and across said Bay Easement and to use portions thereof to construct, recon- struct, maintain, repair, replace, improve, alter, remove, relocate and inspect landscaping, walkways and appurtenant equipment and accessories reasonably necessary for the creation, operation and maintenance of a landscaped pedestrian walkway on said property. 3. GRANTOR hereby covenants and agrees to construct and maintain landscaped walkways on the Bay Easement. 4. GRANTOR, its successors and assigns, hereby agrees to indemnify and save harmless the CITY, its successors and assigns, from any and all liability, coat and expense (including reasonable attorneys' fees) arising in connection with the construction and maintenance of the landscaped pedestrian areas by GRANTOR. Nothing stated horeinabove shall be construed as an assumption of liability by the GRANTOR resulting from the public's use of the landscaped pedestrian areas. 5. This Grant of Easement shall be recorded in the public records of Dade County, Florida, and is to be construed as a covenant running with the land binding on GRANTOR, its suCCeaeOre and assigns. EXECUTED as of the day of n701r'cA Signed, sealed and delivered in the reeonnce `of: Ve d1..,/. day MAPROPS THREE, W. B. gener Attest: , 1981, LTD. HNSON, sole partner I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 64-day of t lAtcL.L , 1981, by rsa►, mesa on behalf of MAPROPS THREE, LTD. by W. B. JOHNSON, Sole general partner. My commission expires: Nasty Public, Georgia, Slav of Large My Commission Espies June 20, 1991 NOT Y PUBLIC, STATE OF [{}Nvra� AT LARGE HOLIDAY INN Job 1 000-403.20 LEGAL DESCRIPTION All that part of "BAICKELL pOIHT" Plat Book 8,'at Page 34 of the Public RecordsoofhDade e aCount ty, Floride,�lying and being in the City of Miami, Dade Count BEGIN at the intersection of the Easterl prolongation Florida, described as follows: BEGINau east 5th Street with the Easterly line of 8rickell Avenue according to Plat of "BRICKELL POINT" recorded in Plat Book 8, atnthe North Page 34 ofePublic line of Records of Dada County, Florida; thence run Northerly on the Easterly boundary Miami River, according CondemnationnProceedingsr recorded Jul the in Circuit Court Minute Book 36, at Page 290 of the gPublicRecords rafsDade County, Florida, along a circular curve to the left, concave to tithe West, having a radius of 532.28 feat, a central angle of 15°13'30°, for an are distance of 141.44 feet, to the Point of Tangency; East boundary line of said Southeast 2nd Avenue ridge apce proach across the the Miami River, along the line whose bearing is N01°52'35 W, for a distance of 112.78 feet, to a point of curvature of a circular curve concave to the South and having a radius of 35.00 feet ° through a central angle of 180°00'00" 109.96 feet to a point; thence N80 07 25 E along a non -tangent line for 337.50 feet; thence Hag 07'2y'E for for ne as per survey by Post, Buckle 1 feet to a point on the Mean High Water d 23, 1979; thence along the shore line and said Mean High Water Line for the y, Schuh & Jernigan, Inc. dated December 22 next eight (8) courses; (1) thence 539°56'18"E for 44.51 feet 2 53102 34 E for 89.29 feet; (3 thence 514°00'16"E for 62,35 feet;(4) for 99.35( ) thence S08°36'51"W for 72.359feet; (57 thence S09°10.33uW for 59.66 feet; 6thence 508°29'O8"W for feet; thence ( thence 508 36 I5 W for 92.40 feet; (8) thence circular curve concave to thehSouth,i7hav! gSaWradiusfor 0of 402.00 r00tfto a eet; said ton a bears N64°39'30"E from the center of said curve along the arc of said curve throughthence �3' Northwesterly 85point feet to a Point of Reverse Curve to a circular curve concave to the Northwest, a central angle of YZZ 23 40 for 85,45 having a radius of 25.00 feet through a central angle of 71°04'35" for 31.01 feat to a point of tangency; thence N76°39'35"W for 233.52 feet to the POINT OF BEGINNING. CERTIFICATE: WE HEREBY CERTIFY: That the above Legal Oescription was prepared under our direction and supervision, that the shore -line is based in the Post, Buckley, Schuh & Jernigan, Inc., Mean High Water Survey dated December 22 & 23, 1979 and it is true and correct to the best of our knowledge and andbeliIs subject to easements or dedications of r cord. ef, Post, B kle chu Jarn an, Inc. s rveyor No 3087 Exhibit "B" 25' Maintenance Easement Job # 000-403.20 LEGAL DESCRIPTION A portion of "BRICKELL POINT" according to PIat thereof, recorded in Plat Book 8, at Page 34 of the Public Records of Dade County, Florida, lying and being in the City of Miami, Dade County, Florida, more particularly described as follows: Commence at the intersection of the Easterly extension of the North line of Southeast 5th Street with the east right-of-way line of Brickell Avenue as shown on said plat of "BRICKELL POINT"; thence run S76°39'35"E, along the North line of the PRIVATE DRIVE as shown on said plat of "BRICKELL POINT" for a distance of 233.52 feet to the Point of Curvature of a circular curve concave to the Northwest and having a radius of 25.00 feet through a central angle of 7l°04'35" for 31.01 feet to a Point of Reverse Curve of a circular curve concave to the South, having a radius of 40.00 feet, through a central angle of 122°23'40" for 85.45 feet, to a point; thence run S76°39'35"E on a non -tangent line for 276.86 feet to the POINT OF' BEGINNING of the strip of land hereinafter to be described; thence along a line 25.00 feet Westerly of and parallel with the Mean High Water Line by Post, Schuh and Jernigan, Inc. survey dated December 22 & 23, I979 for the next eight (8) courses; (1) thence N07° 14'33"E for 64.25 feet; (2) thence N08°36' 15"E for 92.67 feet; (3) thence N08°29'08"E for 72.47 feet; (4) thence N09° l 0'33"E for 55.67 feet; (5) thence N09°36'15"W for 94.26 feet; (6) thence N 14°00' 16"W for 57.65 feet; (7) thence N31°02'34"W for 83.60 feet; (8) thence N39°56'18"W for 37.28 feet; thence N38°07'25"E for 25.55 feet to a point on said Mean High Water Line; thence along the shore -line and said Mean High Water Line for the next eight (8) courses; (1) thence S39°56' 18"E for 44.51 feet; (2) thence S31°02'34"E for 89.29 feet; (3) thence S14°00'16"E for 62.35 feet; (4) thence S09°36'51"E for 99.35 feet; (5) thence S09°10'33"W for 59.66 feet; (6) thence S08°29'08"W for 72.35 feet; (7) thence S08°36' 15"W for 92.40 feet; (8) thence 807° 14'33"W for 66.62 feet; thence N76°39'35"W for 25.14 feet to the POINT OF BEGINNING. I\MIA-SRVO IWCRNANDEZIY 1604145v0111C_I Ii f0l_ DOC1I2/9/04W7633 JOINDER The undersigned, Manufacturers Hanover Trust Company Mortgagee under that certain mortgage from Hapropa Three, Ltd. day of January , dated the 3rd , 1980 , and recorded in Official Records Book 10617 , at Page 2239 ,MTOIXECCDECOODOOMUZCOOMIX , of the Public Records of Dade County, Florida, and Hortgag: t dated April 23, 1980, from Maprope Three, Ltd. being recorded in * a portion of the property described in the foregoing hereby join in and consent to the attached Grant of the 6th day of March , 19 81 , the terms be binding upon the undersigned and its (their) itle. and Consolidation Agreemcn covering all or Agreement, does Easement dated of which shall successors in t IN WITNESS lath day of Official Records Book 10732 of bade County. Florida, Signed, seled in the presence STATE OF COUNTY OF WHEREOF, these presents have been executed this March , 19 81. page 40, of the public Records and delivered of: } ) SS } MANUFACTURERS HANOVER TRUST COMPANY The foregoing Joinder was acknowledged before me this llth day of March , 19 81 , by Jansen Noyes. III and Prank L. Bryant, Jr. as Vice President and Senior Vice President respectively, of Manufacturers Hanover Trues Comm, corporation in whose name the foregoing instrument was acknowledged for the purposes therein expressed. NOTARY Pti8LIC, STATE OF AT LARGE My Commission Expires: Molary ?ub(iC. Georgia, Stabs ai Lane My Commacan bores June 20, 1983 the MIkw' I —_.._^ ru,_—.,..-ate—.� • rilEE w.—K... _z� ffg CV le COIN s brh prac R 7. oo..• �os..me..r rrr ram. wi.` r..w. RIVER ._ LOCATION SKETCH Moir TOSiµ[ a -:1q .r 1 ELI in 11a241- tlEtr l, - • ., ateT T • L7 4.4 ▪ • -- wTogai •r.. d-�•��-• it#, ICY-- • �w�� �''..• .. • tfi I EXHIBIT D STAFF REPORT City of Miami Planning Department Historic Preservation Division ANALYSIS FOR PRELIMINARY EVALUATION FOR DESIGNATION APPLICANT: Iris Escarra, Esq. PROJECT ADDRESS: 609 Brickell AV. COMMISSIONER DISTRICT OFFICE: Downtown-Brickell COMMISSION DISTRICT: District 2 (Damian Pardo) STATUS: Individually Designated FILE NO.: PZ-23-16792 ZIP: 33131 HEARING DATE: 7/2/2024 TDR/TDD ELIGIBLE: No COE on file A. GENERAL INFORMATION: REQUEST: Pursuant to Section 23-4(c)(8) of the City Code of Ordinances, as amended, the Applicant is requesting an Amendment to the Historic Designation Report for the individually designated site known as First Presbyterian Church located on a parcel zoned T6-48A-0 "Urban Core Transect Zone" at 609 Brickell Avenue. Section 23-4(c)(8) states the Board may amend any designation by following the same procedures as set forth in Section 23-4 "Designation of historic resources, historic districts, multiple property designations, and archaeological sites and zones". The subject property is located within the plat of Amended Map of Brickell's Addition and the Downtown-Brickell Net Area. The site is located on the east side of Brickell Avenue, south of the intersection of Southeast 6 Street. The property extends from Brickell Avenue eastward to Biscayne Bay. (Complete legal description is on file with Hearing Boards). Reference Folio: 0102100301010 Lot Size: Approximately 132,708 sq. ft. B. BACKGROUND On June 17, 2003, the City of Miami Historic and Environmental Board (HEPB), pursuant to Resolution HEPB-2003-36, designated the subject property located at 609 Brickell Avenue, also known as "First Presbyterian Church" as a Locally Designated Resource. K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 1of15 COMPREHENSIVE PLAN: The subject property is an individually designated historic resource. Pursuant to Goal LU-2, 2.3 and 2.4 of the Miami Neighborhood Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration, and public awareness of Miami's historic and archeological resources. The Applicant's request for an amendment to the historic designation report for the individually designated site known as First Presbyterian Church, located at 609 Brickell Avenue is found to be in partial accordance with Chapter 23 of the City of Miami Code of Ordinances and the Miami 21 Code. C. PHOTOS: Historic Photograph (West and South Elevations c.1950): Historic Photograph (West Elevation c.1957) K. Kalmis 05/20/24 First Presbyterian Church, 609 Brickell AV File No. PZ-23-16792 Page 2 of 15 Current Photograph (West Elevation): \\,',14,i1 \IANN\s%s 111111 7kc 1 \\k, FIRST PRESBYTFRIAN CHURCH K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 3 of 15 Current Photograph (West Elevation) K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 4 of 15 Lester W Geisler Elevations, June 1962 K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 5 of 15 Current Photograph (school addition East and South Elevations) K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 6 of 15 D. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T6-48A-0; Urban Core Transect Zone Surrounding Properties FUTURE LAND USE DESIGNATION Restricted Commercial Maximum of 500 D.U. per acre NORTH: CS; Civic Space Transect Zone Parks and Recreation N/A SOUTH: T6-48A-0; Urban Core Transect Zone Restricted Commercial Maximum of 500 D.U. per acre EAST: N/A (Biscayne Bay) WEST: T6-48A-0; Urban Core Transect Zone Restricted Commercial Maximum of 500 D.U. per acre E. ANALYSIS: The following is a review of the request pursuant to Section 23-4 of the City Code of Ordinances. The General Information and Comprehensive Plan section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Analysis: The First Presbyterian Church is a four-story masonry edifice executed in the Mediterranean Revival style of architecture with elements of the Romanesque mode. The church building was designed to house 1,200 worshippers and was completed in 1949. The First Presbyterian Church is a cruciform -plan building supported by a masonry structural system. The exterior walls are clad with a combination of stucco and native keystone, and its roof is covered with standing seam copper. A two-story school building addition is located directly behind the church and is physically connected to the main structure. The exterior of First Presbyterian Church is characterized by a projecting central section that features three arched entrance portals and terminates in a gable roof. The central gable is perpendicular to the wings of the two-story sections that flank it on the north and south. Decorative brackets emphasize the shallow eaves of the roof overhang. The wing to the north of the entrance is the Flagler Memorial Chapel, whose interior contains salvaged portions of the original First Presbyterian Church building constructed in 1900. The chapel is the most decorated portion of the church and features compound arches in relief carried on rectangular pilasters that frame the stained-glass windows. K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 7 of 15 The wing that extends to the south of the central entrance reflects a simpler architectural vocabulary tied more to then -current preferences in style. The two-story section contains three evenly spaced windows on the first and second floor. Their only embellishment is a cutout in the lintel of the second -floor windows, and a simple band course that divides the stories. The sanctuary of the church rises to a height of four stories and terminates in a gable roof running in an east -west direction. The side elevations feature broad planes of stuccoed surface embellished by bands and moldings of cast stone. Narrow windows that are framed by an arch springing from pilasters in relief are regularly spaced along the side elevations. The altar is situated within a semicircular apse end, and behind it is a two-story portion that contains meeting rooms. An educational wing or annex was added to the east elevation of the Church, its current configuration represents multiple phases of construction. In 1953 a one-story L-shaped addition was added. Between 1962 and 1963 a second story was added to the original L- shaped addition, and a U-shaped, two-story addition was inserted into the void creating an enclosed courtyard. An annex was added to the north of the church in 1946. The two-story, hipped -roof educational addition is clad in stucco with a standing -seam metal roof, the fenestration is symmetrical, balanced, and comprised of mostly metal, casement windows. Surface ornamentation visible to the public include applied quoins, belt courses, Tuscan columns, simple piloti, and metal railings featuring sections with intersecting, metal oval forms set between runs of vertical metal pickets. The west elevation features a cantilevered marquee of exaggerated scale while the east elevation features a two-story colonnade with flanking, exterior stairs. The eastern third of the property is comprised primarily of an asphalt parking lot. The boundaries of the historic resource encompass all that property acquired by, and historically associated with, the 1940's purchase by the Church with the explicit intent to house a larger congregation, provide additional educational facilities and expand church amenities. Per the historic designation. "The First Presbyterian Church is situated on a three - acre parcel of land that is located between Brickell Avenue and Biscayne Bay, between SE 6th Street and SE 7th Street", and The building and grounds are a rare exception to the streetscape of Brickell Avenue's high-rise office and condominium buildings". The resource was found to possess integrity of design, setting, materials, workmanship, feeling, and association; and is eligible for designation under the following criteria: 3. Exemplifies the historical, cultural, political, economic, or social trends of the community. The First Presbyterian Church houses Miami's oldest congregation, having been organized in April 1896. While this is the third location for the congregation, it has met continuously since its founding. Henry M. Flagler, the individual responsible for providing a railroad link to Miami, provided the lots and funding for the erection of a permanent church building in 1900. The First Presbyterian Church was made K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 8 of 15 nationally known by William Jennings Bryan, who was a member of the church and taught a Sunday School class there. 5. Embodies those distinguishing characteristics of an architectural style, or period, or method of construction. The First Presbyterian Church represents an exceptionally fine example of late Mediterranean Revival styling in Miami with elements of the Romanesque mode. While the Mediterranean Revival style was popular throughout the 1920s and 1930s in South Florida, its appearance as late as 1949, the year the First Presbyterian Church was constructed, is rare at mid-century. The visual composition of the church is architecturally noteworthy for its stylistic features and use of local materials. The applicant is requesting as "part of the Church's strategic plan to create an endowment for the continued maintenance and operation of the historic church building on the Church Property. In furtherance of this strategic plan, the Church seeks to amend the Designation Report to include to encompass only the property which contains the original church structure (the "Church Property) and remove the rest of the property (the "Educational Building and Surface Parking Lot)", i.e. the boundary would be redrawn to terminate ten (10) feet from the east wall of the church structure thus all structures and improvements east of the original church structure would be removed from the designation. In support of the request, the applicant has submitted a report by R.J. Heisenbottle Architects, P.A. and Jorge L. Hernandez, Architect, which provides an opinion on the architectural and historical significance of the church building and the lack of significance of the additions and parking lot. The report states the design of the church is inspired by both "the vocabulary of monastic churches and complexes of the Italian Romanesque and Spanish "Romanico" style", as well as "paying homage to the Neoclassical high -style character"of the Church's previous Flagler Street building. With regard to the addition, the report describes it as "strangely eclectic and dissonant. The clashing of elements more closely associated with the Mid -Century modern style, counter - positioned to stout disproportioned Tuscan colonnades, creates a dissonance within the architecture of the educational building that also clashes with the architecture of the church. This creates a disorder and lack of unity when church and educational buildings are seen together. This may have resulted from the phased design and construction schedule that produced the finished building, the vicissitudes of the commissioning, and other circumstances currently unknown to us. Nevertheless, the design of the Educational Building is far inferior to the skilled and novel composition that Geisler crafted when designing the church building. The Educational Building lacks "integrity of design." The report goes on to suggest a cantilevered awning on the south elevation "appears to be about to topple the overall structure" and the two-story loggia on the east elevation "seems disconnected from the general architectural language of the building". The report states, "At K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 9 of 15 the east building. On the first floor, brut -paired Tuscan columns are inserted into an abstract composition- a box- like porch with a second -story Mid -Century Modern metal guardrail more typical of ubiquitous modern apartment buildings from the 40s, 50s, and 60s. The pencil -thin metal columns of the second floor seem visually incapable of supporting the roof and are unexplainable as the continuation of the brut Tuscan columns below." With regard to the Designation Criteria, per the applicant's report, "the First Presbyterian Church building's is eligible for designation because it possesses architectural significance, maintains integrity in design, setting, materials, workmanship, feeling, and association and meets criterion 5 due to its embodiment of the distinguishing characteristics of a style, period, or construction method." The report goes on to assert "The Church stands out in the architectural heritage of the City of Miami. The Church building combines and embodies distinguishing characteristics of the Mediterranean Revival and Neoclassical architectural styles. The Mediterranean Revival style was prevalent in South Florida in the 1920s and 1930s, making its use in 1949 particularly distinctive." Findings: The Applicant's Letter of Intent states that the application is part of the Church's strategic plan to create an endowment for the continued maintenance of and operation of the historic church building and as such is requesting an amendment to the Designation Report to include only that portion of the property that contains the original church structure and removing the rest of the property. Despite this assertion, the Applicant has not provided documentation of a framework or mechanism that provides for the perpetual preservation of the historic church. Nor has the Applicant demonstrated how the current parameters of designation preclude the creation of said endowment. Furthermore, a review of City records indicates that, as the Applicant has not filed a request for a Certificate of Eligibility, the Applicant has not pursued utilization of the City's Transfer of Development Rights or Transfer of Development Density programs, either or both of which provide mechanisms for the maintenance and continued preservation of the church structure. The Applicant proposes the resource is eligible solely under Criterion 5 as, "The Church stands out in the architectural heritage of the City of Miami. The Church building combines and embodies distinguishing characteristics of the Mediterranean Revival and Neoclassical architectural styles. The Mediterranean Revival style was prevalent in South Florida in the 1920s and 1930s, making its use in 1949 particularly distinctive. The Applicant's contends that the "Designation Report incorrectly asserted that the First Presbyterian Church met criteria 3 because of "its significant for its association with Miami's oldest congregation, Henry M. Flagler and William Jennings Bryan." However, since the Church building was constructed well after the death of both Henry Flagler and William Jennings Bryan, that structure cannot convey the earlier history associated with these persons." K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 10 of 15 Staff find this conclusion erroneous and is contradicted by the Applicant's own report which concludes, salvage from the previous church structure was incorporated into, and specifically guided, Geisler's design; "The design of the Flagler Memorial Chapel's exterior draws direct inspiration from the original church on East Flagler Street". Staff finds this provides for a direct continuum of association of persons related to the historic development of the Church and historical, cultural, political, economic, or social trends of the community. Staff finds the Church significant under Criterion 3 The Applicant concludes the School Annex does not retain "integrity of design" conflating integrity with congruence. It is important to recognize integrity, as used in the context of historic designation, expresses the retention of a resource's essential physical features that enable it to convey its historic identity. It does not, as the Applicant asserts, relate to design composition or aesthetics. Furthermore, while the Applicant posits that the design of the School Annex is "flawed" and does not follow the "cannons of spacing distances... the language of classical architecture requires," the Applicant's report describes a modernized pastiche of the Regency period, Late Regency Moderne. Late Regency Moderne shares contextual roots with both the Art Deco and Art Modern movements, endeavoring to be modern but utilizing a different vocabulary of abstracted and historicized Neo-classical ornamentation. High -style examples such as Royal Poinciana Plaza, Regency Park, and St. Mary's Hospital in Palm Beach would have been familiar to Geisler. Working in this new vocabulary, he successfully designed a stylistically unified structure from multiple phases of construction. Furthermore, his design introduced both an auto -centric -specific threshold to the south elevation, as well as creating a secondary edifice that engages the church parking lot and embraces Biscayne Bay beyond. This mid-century interpretation of classical elements represents a building of its own time that contextually relates to the stricter classicism of the existing church structure. Staff finds that the School Annex, is significant as an example of Late Regency Moderne architecture and remains substantially unaltered from Geisler's 1962 Regency Moderne design and therefore retains integrity of design, setting, materials, workmanship, feeling, and association. However, Staff agrees that the School Annex does not rise to the level of architectural or artistic significance pursuant to Section 23-4(b) as it relates to religious properties and therefore should be considered a non-contributing addition to the original church structure. The Applicant contends that the paved parking lot is a non-contributing feature of the historic resource. While the Applicant has provided little evidence to the contrary, it should be noted that within the greater context of Post -War America, as auto -centric development and society grew, so did the requirement for facilities, including religious institutions, to provide access to parking. K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 11 of 15 Staff finds that the provision for, and construction of parking significant as a representation of historical, cultural, economic, and social trends of Miami's Post -War development. However, Staff agrees that the parking lot does not rise to the level of architectural or artistic significance or historical importance pursuant to Section 23-4(b) as it relates to religious properties, and therefore should be considered a non- contributing feature. The Applicant's report notes that the property is within a high -probability Archaeological Conservation Area (ACA). It states that the proposed amendment to the boundaries of the First Presbyterian Church historic designation is not intended to amend the property's location within the ACA nor preclude future requirements pursuant to such overlay. However, it is imperative to note that the Applicant specifically requests that following any amendment to the boundaries of the designation, "any hardscape and landscape improvements to the Access Easement area along the south side of the Historic Church Property be approved via a Standard Certificate of Appropriateness." Furthermore, the Applicant failed to include in their report that the subject property is adjacent to the Mary Brickell Park locally designated archaeological site, part of the larger 8DA12 Miami Midden site which includes the Miami Circle and the recently designated 444 Brickell Ave Historic Sites. Staff finds the Applicant's request to amend the exiting boundary to eliminate that portion of the site that may be likely to yield information important in prehistory or history, as well as the request to specifically limit approvals within the access easement area to Administrative -level, potentially limits future Historic and Environmental Preservation Board purview and may circumvent the process of public engagement relating to decisions of said Board and is antithetical to City Code of Ordinance Sec. 23-1(a) the intent of which is to preserve and protect the heritage of the city through the identification, evaluation, rehabilitation, adaptive use, restoration, and public awareness of Miami's historic, architectural, and archaeological resources. The Applicant's report contends that the property consists of Lot 2 of the Plat and an unplatted parcel of land which was formerly submerged and later filled in connection with the extension of the bulkhead line c.1920. They conclude that that the 2003 Designation Report incorporated areas that do not contribute to the understanding or preservation of the integrity of the historic Church building and that the filled parcel was not included in the legal description of the designation report and is therefore not historically designated. Staff finds that the while the legal description in the 2003 Designation Report, as an oversight, fails to include that portion of the site that was filled, the Designation Report describes the property as three acres and the Site Map identifies the entirety of the subject property, thus including the riparian rights of Block 103. Furthermore, the Applicant's report concedes that the Brickell Avenue property was chosen as it satisfied the Church's need for future growth, was suited to the congregation's need to allow for additional wings as membership grew, and that the resource maintains integrity of design, materials, workmanship, feeling, association, and setting. The fill project occurred nearly three decades prior to the Church's acquisition and as such this filled K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 12 of 15 K. Kalmis 05/20/24 portion the property appears to be integral to allowing the Church to provide additional, requisite amenities to serve the congregation. The 2003 Designation Report clearly states that, "the building and grounds are a rare exception to the streetscape of Brickell Avenue's high-rise office and condominium buildings. The rarity of the resource combined with the quality of its architecture and history creates a rare opportunity to save a most unique resource." Pursuant to The National Park Service, National Register Bulletin, Technical information on the National Register of Historic Places: Defining Boundaries for National Register Properties: Boundaries should include surrounding land that contributes to the significance of the resources by functioning as the setting. This setting is an integral part of the eligible property and should be identified when boundaries are selected. For example, do not limit the property to the footprint of the building, but include its yard or grounds; consider the extent of all positive subsurface test units as well as the landform that includes the archeological site. Historic Boundaries: Use the boundaries shown on historic plats or land- ownership maps (such as fire insurance or real estate maps) Natural Features: Use a natural feature, such as a shoreline, terrace edge, treeline, or erosional scar, which corresponds with the limit of the eligible resource Staff maintains that the boundaries of the historic resource encompass all that property acquired by, and historically associated with, the 1940's purchase by the Church with the explicit intent to house a larger congregation, provide additional educational facilities and expand church amenities. This land purchase, inclusive of filled land, bounded by Brickell Avenue to the west and Biscayne Bay to the east is illustrated by the Sanborn Fire Insurance Maps and aerial imagery submitted in the Applicant's report. The Applicant asserts that the legal description for the "property that will retain the historic designation goes ten (10) feet east of the historic church building. This additional area is meant to ensure that any future construction on the Educational Building and Surface Parking Lot respects and protects the historic church building." Pursuant to The National Park Service, National Register Bulletin, Technical information on the National Register of Historic Places: Revising Boundaries: Boundaries for listed properties need to be revised when there are changes in the condition of the resources or the setting. If resources or setting lose integrity and no longer contribute to the significance of the property, it is appropriate to revise the boundaries. Staff maintains that the boundaries of the historic resource encompass all that property acquired by, and historically associated with, the 1940's purchase by the Church with First Presbyterian Church, 609 Brickell AV File No. PZ-23-16792 Page 13 of 15 the explicit intent to house a larger congregation, provide additional facilities and expand church amenities. At this time, the resource possesses integrity of design, setting, materials, workmanship, feeling, and association as designated and therefore Staff finds an amendment to the boundary to be premature. Findings: Partially Consistent F. NEIGHBORHOOD SERVICES: Code Compliance No Objection Building No Objection NET No Objection G. CONCLUSION: The application merits further review in accordance with the applicable criteria pursuant to Chapter 23 entitled "Historic Preservation" of the City of Miami Code of Ordinances. Staff finds the request for an amendment to the historic designation report partially complies with applicable criteria as stipulated in Section 23-4. Preservation Office staff notes that additional research by the Applicant may address the question of the potential for the resource to yield information important in prehistory or history. It will also allow the Applicant additional time to provide the Historic and Environmental Board with information regarding the proposed mechanism intended to provide perpetual preservation of the historic church structure. H. RECOMMENDATION: Pursuant to Section 23-4 of the City of Miami Code, as amended, the Planning Department recommends that the request for an amendment to the boundary to the historic designation report for the property located at 609 Brickell Avenue known as the First Presbyterian Church be denied. Staff also recommends denial of the Applicant's request to have all hardscape and landscape work within the Access Easement approved administratively, at staff level. However, Staff recommends approval of the request for an amendment as it pertains to specifically classifying the School Annex and parking lot as non-contributing. Staff recommends that pursuant to an approval of the specific classifications of the School Annex and parking as non-contributing, approval of demolition of all or part of same may be approved Administratively at Staff level with the following conditions: 1. As a significant example of Late Regency Modern architecture, Applicant will provide HABS- Level II -like documentation including (three sets; two hard copy, one digital): a. An outline format report documenting the historical context of the building inclusive of the historical information and physical aspects of the building and the physical history of the building, including significant dates in the initial planning and construction as well as in later alterations, plus names of the designers and suppliers. The report should also include architectural information, with categories intended to produce an analysis and description of the building form as it exists and some discussion of the landscape including designed elements and plan. K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 14 of 15 b. Medium- or Large -format, archival, black and white photographs inclusive of, but not limited to: i. General or environmental view(s) to illustrate setting, including landscaping, adjacent building(s), and roadways. ii. Front facade iii. Perspective view, front and one side iv. Perspective view, rear and opposing side. v. Detail, front entrance and/or typical doorway. vi. Typical window. vii. Exterior details indicative of era of construction or of historic and architectural interest. This shall include the courtyard. viii. Interior views to capture spatial relationships, structural evidence, a typical room, and any decorative elements; these include hallways, stairways, attic and basement framing, fireplaces and mantels, moldings, interior shutters, kitchen (especially if original), and mechanicals. c. "As -built" drawings illustrating the existing condition of a building at the time of documentation, including additions, alterations, and demolitions which have occurred since the building was first constructed. This shall include the courtyard. d. Compendium of historic plans, images, and/or ephemera pertaining to the School Annex. neth Kalmi reservation Officer K. Kalmis First Presbyterian Church, 609 Brickell AV 05/20/24 File No. PZ-23-16792 Page 15 of 15 EXHIBIT E BUILDINGS WITHIN 500 FEET OF FIRST PRESBYTERIAN CHURCH Note: Annual Registration Expires on 12/31/2025 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 Iobbyist registration forms submitted in previous years, remain up to date. (1) Lobbyist Name: Lawrence Silverman (Last Name, First Name, Middle Initial) Business Phone: (305) 391-5204 Email: lawrence.silverman@sidley.com Business Address (include Zip Code): 1001 Brickell Bay Drive, Suite 900, Miami, Florida 33131 (2) Principal Represented: iconbrickell Condominium No. Two Association, inc., a Condominium Association (3) (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 495 Brickell Ave Suite 200, Miami, FL 33131 Are you the Principal of the corporation, partnership, trust, etc.? YES X NO X (you must check YES or NO) NOTE: Principal means the person, firm, corporation, or other entity that performs lobbying activity on behalf of itself or that has designated, employed, or retained a lobbyist to lobby on its behalf. The term "principal" also includes the person, firm, corporation, or other entity receiving the benefit of the lobbying effort and on whose behalf the lobbyist is lobbying, even if the lobbyist is retained, engaged, or employed by a third -party for such purposes. 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 2025). Represent Iconbrickell Condominium No. Two Association in connection with an appeal of a resolution passed by the City of Miami Historic and Environmental Preservation Board. 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. 12/2024) (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. Lobbyists shall file amendments to their registration forms within fifteen (15) days of any change of information required to be set forth on their registration forms. (Miami -Dade County Code Section 2-11.1(s)(3)(h)) Each lobbyist shall file a form with the City Clerk within thirty (30) days after ceasing all lobbying activities with a principal. (Miami -Dade County Code Section 2-11.1(s)(3)(i)) 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 iami City Code, as amended, and Miami -Dade County Code Section 2-11.1(s). STATE OF Flog( DA COUNTY OF 1'404& —'bAbE Sworn to (or affirmed) and subscribed before me by means of of JAtUvA - �( Persona (Month (Year) itell ope ry Known: re of Note Public Signature of i byist physical presence or online notarization, this by t w)PJ 1\JC j t i_ t ICri..p4 J ...,. f pet. ent) 01.0180.31M OR Produced identification: 'k'ot ne ofFerte ry Typed Printed or Stamped Type of Identification Produced: (NOTARY SEAL) day FOR OFFICE USE ONLY: Check # Receipt # CM-LRF (Rev. 12/2024) Page 2 of 2 Received from: For: Sales Tax 7,\zS )\ ".un This Receipt not VALID unless dated, filled in and signed by authorized employee of department or division designated hereon and until the City has collected the proceeds of any checks tendered as payment herein. C FN/TM 402 Rev. 01/24 By: City of Miami OFFICIAL RECEIPT Total $ 6 {! x li (k 6ijia‘ No. 515827 Date. \ 1 5I 1 (,5 Dollars R f N ` � - ]�1J� 4 e erefllC�e no: Departmen OjtlI Division: Distribution: White - Customer; Canary - Finance; Pink - Issuing Department January 31, 2025 Date CITY OF MIAMI HEARING BOARDS MIAMI RIVERSIDE CENTER 444 SW 2ND AVENUE, 3RD FLOOR MIAMI, FLORIDA 33130 RE: Property Owner's List Within 500 Feet of: Street Address(es) S�.C1_:'+ ..+.GIs 1L vi> I.5 111 }� Ic%ssrltY J'3: 1 1f 1W2j.UQ• Total number of labels without repetition: 54 I certify that the attached ownership list, map and mailing labels 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. Sin /ely Signature r 7e_ Connor Evans Printed Name or Company Name 1001 Brickell Bay Drive, Suite 900, Miami, Honda 33131. Address (305) 391-5233 Telephone con nos.evanley.cona E-mail Rev. 10-18 OWNER'S NAME(S) MAILING STREET ADDRESS GP 500 LLC AVE BARLAT DE PERERA MUNOZ MARIANELA GRIMALDI URBANIZACION CALLE 1571, #105 91 QTA MORELLA VALENCIA 444 BRICKELL ONE LLC 2850 TIGERTAIL AVE STE 800 444 BRICKELL TWO LLC 2850 TIGERTAIL AVE STE 800 CITY OF MIAMI 444 SW 2ND AVE 3RD FLOOR TIITF/DEPT OF STATE MIAMI CIRCLE 3900 COMMONWEALTH BLVD 444 BRICKELL THREE HOLDINGS LLC 2850 TIGERTAIL AVE STE 800 MDR ICON LLC 1200 BRICKELL AVE STE PH2O10 MDR ATIK LLC 1111 BRICKELL AVE STE 1139 ICON BRICKELL MASTER ASSOC INC 465 BRICKELL AVE STE 200 ICON FDP OWNER LLC C/O CARLOS CARBALLO 1300 BRICKELL AVE FIRST PRESBYTERIAN CHURCH 609 BRICKELL AVE BRICKELL CITY CENTRE PLAZA LLC 98 SE 7TH ST STE 601 BRICKELL HOLDINGS LLC 600 BRICKELL AVE STE 2515 BRICKELL FINANCIAL CENTRE LLC 600 BRICKELL AVE 2515 BRICKELL HOLDINGS III LLC 600 BRICKELL AVE STE 2515 BRICKELL FINANCIAL CENTRE LLC 600 BRICKELL AVE 2515 BRICKELL HOLDINGS III LLC 600 BRICKELL AVE STE 2515 BRICKELL FINANCIAL CENTRE LLC 600 BRICKELL AVE 2515 500 ENTERPRISES RETAILS LLC 1110 BRICKELL AVE STE 407 500 ENTERPRISES RETAIL LLC 1110 BRICKELL AVE STE 407 500 BRICKELL MASTER ASSN INC C/O THE RELATED GROUP OF FL 315 S BISCAYNE BLVD 500 ENTERPRISES RETAIL LLC 1110 BRICKELL AVE STE 407 500 NET LLC 5805 BLUE LAGOON DR STE 200 500 NET LLC 5805 BLUE LAGOON DR STE 200 500 NET LLC 5805 BLUE LAGOON DR STE 200 MY BRICKELL UNIT LLC 3811 SW 107 AVE 500 BRICKELL RETAIL LLC 1110 BRICKELL AVE # 505 500 BRICKELL CU LLC 75 SE 6 ST #101 TAFACA I LLC 1110 BRICKELL AVE #300 500 BRICKELL CU LLC 75 SE 6 ST #202 500 BRICKELL CU LLC 75 SE 6 ST #202 DREAMS ARE REAL LLC 75 SE 6 ST 201 500 ENTERPRISES RETAILS LLC 1110 BRICKELL AVE STE 407 MAROVA LLC 55 SE 6TH ST STE 206 DISA 1 LLC 70 SE 5 ST STE 108 DGM PROPERTIES GROUP CORP 304 INDIAN TRACE #615 500 ENTERPRISES RETAILS LLC 1110 BRICKELL AVE STE 407 500 ENTERPRISES RETAIL LLC 1110 BRICKELL AVE STE 407 500 ENTERPRISES RETAILS LLC 1110 BRICKELL AVE STE 407 ALLIANCE RE HOLDINGS LLC 777 BRICKELL AVE #615 T C 701 BRICKELL LLC 730 3 AVE 500 BRICKELL WEST CONDO ASSN 55 SE 6TH ST APT 1104 500 BRICKELL WEST CONDO ASSN 8200 NW 33RD ST., SUITE 300 500 BRICKELL EAST CONDO ASSN 55 SE 6TH ST APT 1104 500 BRICKELL EAST CONDO ASSN 8200 NW 33RD ST., SUITE 300 ICONBRICKELL CONDO NO 1 ASSN 465 BRICKELL AVE STE 202 ICONBRICKELL CONDO NO 3 ASSN 485 BRICKELL AVE., OFFICE ICONBRICKELL CONDO NO 2 ASSN 495 BRICKELL AVE., SUITE 200 BK PARCEL HOLDINGS LLC 98 SE 7TH ST., STE 500 BK PARCEL HOLDINGS LLC 98 SE 7TH ST., STE 500 COURTS BRICKELL KEY CONDO ASSN 801 BRICKELL KEY BLVD, #408 COURVOISIER COURTS CONDO ASSN 701 BRICKELL KEY BLVD, MGMT OFFICE CARBONELL CONDO BRICKELL ASSN 901 BRICKELL KEY BLVD, #410 CITY STATE ZIP CODE CARACAS ESTADO CARABOBO 2001 MIAMI Florida 33133 MIAMI Florida 33133 MIAMI Florida 33130-1910 TALLAHASSEE Florida 32399 MIAMI Florida 33133 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131-2510 MIAMI Florida 33131-3530 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33126 MIAMI Florida 33126 MIAMI Florida 33126 MIAMI Florida 33165 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 WESTON Florida 33326 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 NEW YORK New York 10017 MIAMI Florida 33131-2561 MIAMI Florida 33122 MIAMI Florida 33131-2561 MIAMI Florida 33122 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 COUNTRY FOLIO NUMBER VENEZUELA 0102100301509 VENEZUELA 0142060630010 USA 0102100001020 USA 0102100001025 USA 0102100001040 USA 0102100001050 USA 0102100001060 USA 0102100001065 USA 0102100001070 USA 0102100001075 USA 0102100001080 USA 0102100301010 USA 0102100301180 USA 0102100301330 USA 0102100301390 USA 0102100301420 USA 0102100301440 USA 0102100301450 USA 0102100301470 USA 0102100301501 USA 0102100301502 USA 0102100301500 USA 0102100301503 USA 0102100301505 USA 0102100301506 USA 0102100301507 USA 0102100301508 USA 0102100301510 USA 0102100301511 USA 0102100301512 USA 0102100301513 USA 0102100301514 USA 0102100301515 USA 0102100301516 USA 0102100301517 USA 0102100301518 USA 0102100301519 USA 0102100301521 USA 0102100301522 USA 0102100301523 USA 0141380340010 USA 0141380340020 USA 0141381430001 USA 0141381430001 USA 0141381430001 USA 0141381430001 USA 0141381470001 USA 0141381490001 USA 0141381500001 USA 0142060510010 USA 0142060510013 USA 0142060620001 USA 0142060630001 USA 0142060640001 OWNER'S NAME(S) MAILING STREET ADDRESS GP 500 LLC AVE BARLAT DE PERERA MUNOZ MARIANELA GRIMALDI URBANIZACION CALLE 1571, #105 91 QTA MORELLA VALENCIA 444 BRICKELL ONE LLC 2850 TIGERTAIL AVE STE 800 444 BRICKELL TWO LLC 2850 TIGERTAIL AVE STE 800 CITY OF MIAMI 444 SW 2ND AVE 3RD FLOOR TIITF/DEPT OF STATE MIAMI CIRCLE 3900 COMMONWEALTH BLVD 444 BRICKELL THREE HOLDINGS LLC 2850 TIGERTAIL AVE STE 800 MDR ICON LLC 1200 BRICKELL AVE STE PH2O10 MDR ATIK LLC 1111 BRICKELL AVE STE 1139 ICON BRICKELL MASTER ASSOC INC 465 BRICKELL AVE STE 200 ICON FDP OWNER LLC C/O CARLOS CARBALLO 1300 BRICKELL AVE FIRST PRESBYTERIAN CHURCH 609 BRICKELL AVE BRICKELL CITY CENTRE PLAZA LLC 98 SE 7TH ST STE 601 BRICKELL HOLDINGS LLC 600 BRICKELL AVE STE 2515 BRICKELL FINANCIAL CENTRE LLC 600 BRICKELL AVE 2515 BRICKELL HOLDINGS III LLC 600 BRICKELL AVE STE 2515 BRICKELL FINANCIAL CENTRE LLC 600 BRICKELL AVE 2515 BRICKELL HOLDINGS III LLC 600 BRICKELL AVE STE 2515 BRICKELL FINANCIAL CENTRE LLC 600 BRICKELL AVE 2515 500 ENTERPRISES RETAILS LLC 1110 BRICKELL AVE STE 407 500 ENTERPRISES RETAIL LLC 1110 BRICKELL AVE STE 407 500 BRICKELL MASTER ASSN INC C/O THE RELATED GROUP OF FL 315 S BISCAYNE BLVD 500 ENTERPRISES RETAIL LLC 1110 BRICKELL AVE STE 407 500 NET LLC 5805 BLUE LAGOON DR STE 200 500 NET LLC 5805 BLUE LAGOON DR STE 200 500 NET LLC 5805 BLUE LAGOON DR STE 200 MY BRICKELL UNIT LLC 3811 SW 107 AVE 500 BRICKELL RETAIL LLC 1110 BRICKELL AVE # 505 500 BRICKELL CU LLC 75 SE 6 ST #101 TAFACA I LLC 1110 BRICKELL AVE #300 500 BRICKELL CU LLC 75 SE 6 ST #202 500 BRICKELL CU LLC 75 SE 6 ST #202 DREAMS ARE REAL LLC 75 SE 6 ST 201 500 ENTERPRISES RETAILS LLC 1110 BRICKELL AVE STE 407 MAROVA LLC 55 SE 6TH ST STE 206 DISA 1 LLC 70 SE 5 ST STE 108 DGM PROPERTIES GROUP CORP 304 INDIAN TRACE #615 500 ENTERPRISES RETAILS LLC 1110 BRICKELL AVE STE 407 500 ENTERPRISES RETAIL LLC 1110 BRICKELL AVE STE 407 500 ENTERPRISES RETAILS LLC 1110 BRICKELL AVE STE 407 ALLIANCE RE HOLDINGS LLC 777 BRICKELL AVE #615 T C 701 BRICKELL LLC 730 3 AVE 500 BRICKELL WEST CONDO ASSN 55 SE 6TH ST APT 1104 500 BRICKELL WEST CONDO ASSN 8200 NW 33RD ST., SUITE 300 500 BRICKELL EAST CONDO ASSN 55 SE 6TH ST APT 1104 500 BRICKELL EAST CONDO ASSN 8200 NW 33RD ST., SUITE 300 ICONBRICKELL CONDO NO 1 ASSN 465 BRICKELL AVE STE 202 ICONBRICKELL CONDO NO 3 ASSN 485 BRICKELL AVE., OFFICE ICONBRICKELL CONDO NO 2 ASSN 495 BRICKELL AVE., SUITE 200 BK PARCEL HOLDINGS LLC 98 SE 7TH ST., STE 500 BK PARCEL HOLDINGS LLC 98 SE 7TH ST., STE 500 COURTS BRICKELL KEY CONDO ASSN 801 BRICKELL KEY BLVD, #408 COURVOISIER COURTS CONDO ASSN 701 BRICKELL KEY BLVD, MGMT OFFICE CARBONELL CONDO BRICKELL ASSN 901 BRICKELL KEY BLVD, #410 CITY STATE ZIP CODE CARACAS ESTADO CARABOBO 2001 MIAMI Florida 33133 MIAMI Florida 33133 MIAMI Florida 33130-1910 TALLAHASSEE Florida 32399 MIAMI Florida 33133 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131-2510 MIAMI Florida 33131-3530 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33126 MIAMI Florida 33126 MIAMI Florida 33126 MIAMI Florida 33165 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 WESTON Florida 33326 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 NEW YORK New York 10017 MIAMI Florida 33131-2561 MIAMI Florida 33122 MIAMI Florida 33131-2561 MIAMI Florida 33122 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 MIAMI Florida 33131 COUNTRY FOLIO NUMBER VENEZUELA 0102100301509 VENEZUELA 0142060630010 USA 0102100001020 USA 0102100001025 USA 0102100001040 USA 0102100001050 USA 0102100001060 USA 0102100001065 USA 0102100001070 USA 0102100001075 USA 0102100001080 USA 0102100301010 USA 0102100301180 USA 0102100301330 USA 0102100301390 USA 0102100301420 USA 0102100301440 USA 0102100301450 USA 0102100301470 USA 0102100301501 USA 0102100301502 USA 0102100301500 USA 0102100301503 USA 0102100301505 USA 0102100301506 USA 0102100301507 USA 0102100301508 USA 0102100301510 USA 0102100301511 USA 0102100301512 USA 0102100301513 USA 0102100301514 USA 0102100301515 USA 0102100301516 USA 0102100301517 USA 0102100301518 USA 0102100301519 USA 0102100301521 USA 0102100301522 USA 0102100301523 USA 0141380340010 USA 0141380340020 USA 0141381430001 USA 0141381430001 USA 0141381430001 USA 0141381430001 USA 0141381470001 USA 0141381490001 USA 0141381500001 USA 0142060510010 USA 0142060510013 USA 0142060620001 USA 0142060630001 USA 0142060640001 C:itg of iauu BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 1156074 Transaction Date: Jan 30 2025 5:16PM Permit Number: HEP APPEAL HEPBR24032 FEE SUMMARY CONNOR EVANS 1001 BRICKELL BAY DR connor.evans@sidley.com (305)391-5233 Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - PUBLIC HEARING MS-350 PUBLIC HEARING - APPEAL - ADVERTISING 0.0000 N/A $1,500.00 HEARING BOARDS - PUBLIC HEARING MS-352 PUBLIC HEARING - APPEAL - MEETING MAIL NOTICE - REGISTERED HOAS AND PERSONS 24.0000 UNITS $108.00 PLANNING -HISTORIC PRESERVATION MS-244 APPELLANT NOTICE 1.0000 UNITS $4.50 PLANNING -HISTORIC PRESERVATION MS-245 APPLICANT NOTICE 1.0000 UNITS $4.50 PLANNING MS-103 MISCELLANEOUS - PLANNING 157.5000 DOLLARS $157.50 HEARING BOARDS - PUBLIC HEARING MS-351 PUBLIC HEARING - APPEAL - MEETING MAIL NOTICE - NEIGHBORS 54.0000 UNITS $243.00 Total: $2,017.50 Rev. Jul/02/2012 Generated on Jan/31/2025 2:19 PM Success. Confirmation #170362824 An email confirmation has been sent to connor.evans©sidley.com PAYMENT METHOD 6003 CONTACT INFORMATION Connor Evans 1300 Brickell Bay Drive, Apt 1907 Miami, FL 33131 connor.evans@sidley.com TRANSACTION ID OPTION AMOUNT 1156074 Balance Due $2,017.50 Processing Fees $0.00 Total: $2,017.50