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HomeMy WebLinkAboutApplication and Supporting DocumentsFirst Name: Email: City of Miami Planning Departnrnt & Office of Zoning httpl/www.nianigov.com'planning httpl/www.nianigov.com'zoning E-naiE eplanp crmiamigov.com Planning (305) 416-1400 Zoning (305) 416-1495 Special Appearance Application SUBMITTER INFORMATION Ethan Last Name: wasserrmne@gtlaw.com Wassemmm Request Number PZ-25-19370 PRIMARY APPLICANT INFORMATION First Name: Ethan Corporation: Greenberg Traurig, P.A. Adch-ess: 333 SE 2nd Ave, 4400 City: Miami Email: wasserrnane@gtlaw.com Last Name: Wassemmn State: Phone: Florida Tip: 3055790784 33131 PRIMARY OWNER INFORMATION First Name: Corporation: European Automotive LLC Address: 3850 S Dixie Hwy City: Miami Email: wassernnne@gtlaw.com Last Name: State: Phone: Florida hp: 3055790784 33133 PROJECT INFORMATION Project Name: Project Address: City: Master Folio Number. The Nine 3850 S DIXIE HWY Miami 0141200000060 State: Florida Unit Number. hp: 33133 That under the penalty of perjury, I declare that all the information contained in this permit application is accurate to the best of my knowledge. • That NO work or installation w> 1 cormmence prior to the issuance of a building permit and that all work w> 1 be perfonred to meet the standards of all laws regulating construction and zoning in this jurisdiction • I will, in all respects, perform work in accordance with the scope of the permit, the City of Miami's codes and all other applicable laws, regulations, standard and ordinances. • That all infomiition given will be accurate and that all work w]Il be done in compliance with all applicable laws regulating construction and zoning • That separate permits maybe required unless specifically covered with the submittal of this application. • That there may be additional permits required from other entities. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Permit fees are non-refundable APPLICANT OWNER / OWNER REPRESENTATIVE First Name: Ethan Last Name: Wasserman First Name: Peter Last Name: Kilissanly Signature: Signature: Date: February 19, 2025 Date: Signature: Date: Odalys Kilissanly SI NATURE -11111111111--1111 Tbat under the pertly of perjury, I deckare that all the information contained in this permit application is accurate to the best dray knowledge. • That NO work or installation will commie prior to the issuance of a building permit and that all work will be performed to meet the standards of ali hws regrkatmg const<uction and zoning in this jurisdiction • I will, m all respects, perform work in accordance with the scope of the permit, the City of Maffi's codes and all other applicable laws, ceggations, standard and ordinances. • That all information given will be accurate and that all work will be done incompliance with all applicable laws regkatiig construction and zoning. • That separate penes nay be requited unless specifically covered with the submittal of this application. • That there maybe additional permits requited fomotber entities. • Fees shall be pail prior to the rtvieward issuance of the perm, as rle x'aary. • Pemit lees are non-refundable First Name: Ethan last Name: Wasserman iRtStt �. �i...rrx:t RI First Name: Signature: Signature: Date: February 19, 2025 Date: Peter Signature: Odalys Ki1is'§an1y Date: 2— 71 .�J z ob% last Name: Kilissanly Drawings Indes (PZ-25-19370) A-1: City of Miami Stamped Approved Site Plan (PZ-22-15483) A-2: City of Miami Stamped Approved Elevation Plan sheets (PZ-22-15483) V-1: City of Miami Stamped Approved BBL Survey ((PZ-22-15483) V-2: Covenant Property Survey ACTIVE 706699116v1 GT GreenbergTraurig April 28, 2025 VIA E-PLAN Mr. David Snow City of Miami Planning Director 444 SW 2nd Avenue, 2nd Floor Miami, Florida 33131 Ethan B. Wasserman, Esq. 305-579-0784 wassermane ggtlaw. com Re: Letter of Intent Special Appearance for Release of Declaration of Restrictive Covenants / Property Located at 3850 S Dixie Highway, Miami, FL (Folio No.: 01-4120-000- 0060) (the "Property") Dear Mr. Snow: Our firm represents 908 Group Holdings LLC (the "Applicant")' in connection with land use, zoning and general development matters. Please accept this letter as our formal request for City of Miami Commission release of the Declaration of Restrictive Covenants recorded in Official Records Book 27719 at Page 1358 in the Public Records of Miami -Dade County, Florida (the "Covenant") as it applies to the parcel outlined in yellow in Figure 1, below (the "Covenant Parcel"). A copy of the Covenant is enclosed as Exhibit A. Figure 1 I. PROJECT BACKGROUND On October 19, 2023, the Applicant obtained site plan approval for a seventy-nine (79) unit multifamily residential project on the Property, also known as Nine at Miami (the "Project"). A 1 Applicant is the contract purchaser of the Property. European Automotive LLC is the current owner of the Property. 2 As required by the express terms of the covenant ACTIVE 710443090v1 copy of Waiver Final Decision No. PZ-22-15483 is enclosed as Exhibit B. In connection with this approval, the Applicant also secured City of Miami Plat Approval under T-Plat #2029-A and Miami -Dade County Plat Approval under T-Plat #25008 (the "T-Plat Approvals"). A copy of the T-Plat Approvals is enclosed as Exhibit C. Additionally, on May 7, 2024, the City of Miami (the "City") adopted Resolution R-24-0166, vacating a portion of Higgs Street to facilitate the Project's development. A copy of Resolution R-24-0166 is enclosed as Exhibit D. II. REQUEST As the Applicant prepared to close on the Property and commence development of the Project, First American Title Insurance Company conducted an updated title search (as it routinely has over a three (3) year period), which revealed the existence of the Covenant restricting, among other things, building height to three (3) Stories along a limited portion of the Southern boundary of the Property and access to the Property from Day Avenue. A legal description of the Covenant Parcel is enclosed as Exhibit E. The Covenant is no longer necessary and should be released because the Applicant has fully satisfied all applicable regulatory requirements, including site plan approval, plat approvals, and a street vacation from the City of Miami. The height limitation in the Covenant conflicts with the legally approved entitlements, creating an unnecessary restriction on the Property's lawful development. We are not sure how First American Title Insurance Company came to find the Covenant after so many years of entitlements. In any event, we request that the City Commission terminate and release the Covenant given the many City and County approvals the Applicant has obtained for redevelopment of the Property, including the intended uses that exist on the Property today. The Applicant is ready to close on the Property and commence development, but the Covenant imposes an unnecessary encumbrance that was not considered in the extensive public review process for the Project. III. CONCLUSION In light of the above, we respectfully request the formal release of the Covenant by the City Commission. The Covenant's height and access limitation is inconsistent with the Property's current zoning, surrounding development, and is superseded by the City's approvals for the Property's redevelopment. Releasing the Covenant will allow the Project to proceed in alignment with the City's planned growth and economic development objectives. If you require any additional information or would like to discuss further this request, please contact me at 305-579- 0784. Thank you for your attention to and favorable consideration of this matter. Sincerely, �" ci% U . !mac/ Ethan B. Wasserman, Esq. ACTIVE 710443090v1 EXHI This instrument prepared by, and after recording return to: Name: Javier F. Avino, Esq. Address: Greenberg Traurig, P.A. 333 Avenue of the Americas Miami, Florida 33131-3261 1111111111111111111111111111111111 CFN 201 1 RO38 OR 8k 27719 Fos 1358 - 13 RECORDED 06/13/2011 10:1..; HARVEY RUVIPI, CLERK. OF COURT MIAMI-DADE COUHTY► FLORIDA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day AO of 77 cc , 2010, by European Automotive, LLC (the "Owner"), in favor of the City of Miami, a Florida Municipal Corporation (the "City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at approximately 3825 Day Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, an approval was obtained for a zoning change and land use amendment for the Property from the City Commission of the City of Miami, pursuant to Ordinance No. 13208, adopted on September 23, 2010 and attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, it is the Owner's intent to renovate the Property for continued use as an auto repair shop and electric car sales. 1 MIA 181,274,928v2 11-9-10 Book27719/Page1358 CFN#20110383279 Page 1 of 8 NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Zoning Regulations. The Owner agrees to adhere to the "T5-O Designation" under Miami 21. In addition, the Owner agrees to the following restrictions: 1) installation of a concrete wall fronting Day Avenue, per Miami 21 guidelines; 2) A landscape buffer along Day Avenue, per Miami 21 guidelines; 3) There shall be no ingress or egress to or from the Property from Day Avenue; and 4) irrespective of the T5-O regulations no building on the Property shall exceed 3 stories. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 2 MIA 181,274,928v4 4-6-11 Book27719/Page1359 CFN#20110383279 Page 2 of 8 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the owner(s) of the fee -simple title to the Property to be effected 3 MIA 181, 274, 928v4 4-6-11 Book27719/Page1360 CFN#20110383279 Page 3 of 8 by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the City Clerk at 3500 Pan American Drive, Miami, FI. 33133 within thirty(30) days of recordation. 4 MIA 181,274,928v4 4-6-11 Book27719/Page1361 CFN#20110383279 Page 4 of 8 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this 2 0 day of ,e izz IN WITNESS WHEREOF, t v �.0 t�f-1J fr U iv! ha caused these presents to be signed in its name bly its proper officals. Witnetsel: Signature rc. Cc ignature / .ve r II v"P'1�.le? Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE European Automotive, LLC 3850 S. Dixie Highway Miami, Florida 33133 By: fa-rA • The foregoing instrument was acknc� ledged before me by f� T R 11,k SS f3 N Ly' the-'anager of ! ► ' A-� AuTo MEWS orporation, on behalf of the corporation. is personally known to or has produced Florida Driver's licence: s identification. Witness my signature and official seal this oRD day of Ote!G, , 2010 in the County and State aforesaid. My Commission Expires: Alsr /44 Notary Public State W Florida `F Evelyn Rodriguez My Commission EE005108 'kor t. Expires 06/29/2014 5 MIA 181,274,928v2 11-9-10 Notary PState of FLORIDA Book27719/Page1362 CFN#20110383279 Page 5 of 8 CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE The undersigned, holder of that certain Mortgage Deecl dated 4/18/2008 and recorded in Official Records Book 26333 at Page 1920 , of the Public Records of Miami -Dade County, Florida, as amended, encumbering the real property to be subjected to the foregoing Declaration of Restrictive Covenants made by Savage LLC, in favor of the City of Miami, Florida, hereby consents to said Declaration of Restrictive Covenants and agrees that the lien of said Mortgage Deed shall be subject and subordinate to the terms of said Declaration of Restrictive Covenants. IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of �%L , 2011. STATE OF IDAHO COUNTY OF ADA ) ss: By: (A) l l cAftc-ej (Corporate Seal) The foregoing instrumenf was q,knowled9ed before me this /3 day of II, , 2011 by /L'dliQrit 1.4✓r,§ , as 11W abe of Wye_, << e , on behalf of said company. He/She personally appeared before me, is personally known to me or produced as identification. 6 4_ .,LJ Name: `‘..) y Notary Public, State Idaho Commission No. , 4�1 e/ Book27719/Page1363 CFN#20110383279 Page 6 of 8 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU City Attorney APPROVED: FRANCARCIA Director of Planning /94€6/0/ 7 BARNABY-SJW Zoning A fninistrator f t' Book27719/Page1364 CFN#20110383279 Page 7 of 8 OR BK. 27719 PG 1 LAST PAGE Exhibit "A" LEGAL DESCRIPTION: Parcel Lots 6 and 7, Less South 5.0 feet of "PERCIVAL PLAT REVISED" according to the Plat Thereof as recorded in Plat Book 1 at Page 140, of the Public Records of Miami -Dade County, Florida. AKA 01-4120-013-0050. Book27719/Page1365 CFN#20110383279 Page 8 of 8 frif EXIIIBIT B WAIVER FINAL DECISION Zoning Administrator/Director Daniel S. Goldberg, Esq. This finaldeosicn maybe appeal. to Appeals Board tryairy aggrieved parry withinthe date of posungtry flung awatten appeal ardappleplatekewlt the Hearing Boards DMsbn. located at 4445W 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number 50941fi-2030. EPLAN PZ NUMBER PZ-22-15483s APPLICANT Ethan Wasserman C/o Greenberg Traurig P.A. TITLE The Nine @ Miami ADDRESS 3850 S. Dixie Hwy and 3791/3793 Day Ave TRANSECT ZONE T6-8-O / T5-O / T4-O / NCD-2 NOTICE DATE August 31', 2023 FINAL DECISION Approval Approval with Conditions Denial Final Decision Package Page 1 Cover Page Page 2 Waivers Applied for and project development information Page 2-3 Zoning Department Findings Page 3-4 Final Decision and Conditions Attachments Letter of Intent, Architectural Plans, Landscaping Plans, Survey, Mailed Notice, as well as all other documents included in the applicable PZ Eplan Number ("Application Package"). CITY OF MIAMI WAIVER FINAL DECISION APPLICATION DETAILS PoMINISTiz?, DSO This final decisicn maybe appeal. to a Appeals Board blanY aggrieved party within FYi C the date of pesWg lay flung awetten appeal arapprcplate kewlt the Hearing Boards DM.on. located at 4445W 2nd Avenue. 3rd Floor, Miami, FL 33130. Telephone number(305)416-2030. PZ-22-15483 10/19/23 Waiver final decision is based pursuant to Zoning Ordinance determinations, and conditions on the application information provided by the Applicant, ani 13114, as amended ("Miami 21") consistent with the findings, as described in this decision. Miami 21 Code Section Waiver Description Article 4, Table 5 Waiver to substitute one (1) commercial loading berth for two (2) residential loading berths. 7.1.2.5(a)(29) Waiver for a 10% reduction in required Front Setback from 10' to 9'. 7.1.2.5(a)(29) Waiver for a 10% reduction in required Side Setback (Eastern Frontage) above the 8th Story from 30' to 27' in the T6-8-O Transect Zone. 7.1.2.5(a)(29) Waiver for a 10% increase in T4-O required Lot Coverage from 60% to 66%. 7.1.2.5(a)(16) Waiver to allow Frontage Setbacks above the eighth floor for Lots having one dimension one hundred (100) feet or less may to be reduced to a minimum of zero (0) feet (North Frontage — South Dixie Highway) in the T6-8-O Transect Zone. 7.1.2.5(a)(29) Waiver for a 10% increase in T5-O required Lot Coverage from 80% to 88%. Appendix A, Section 2.3 Waiver to request demolition in the NCD-2 District. 7.1.2.5(a)(29) Waiver for a 10% decrease in the amount of facade required in the "Build to Zone" from 70% to 63%. DEVELOPMENT INFORMATION NOTE: ALL DEVELOPMENT PROPOSED IN THE TABLE BELOW OTHERWISE PROCEEDS BY -RIGHT Lot Size — Pre -Dedication 40,366 SF; by survey Lot Size — Post -Dedication 40,116 SF; by survey Density Proposed 79 units Square Footage Proposed 177,435 SF Parking Proposed* 127 parking spaces 2 CITY OF MIAMI WAIVER FINAL DECISION Uses Proposed Multifamily residential *If a Waiver for a parking reduction is requested, this number represents the parking the Waiver is issued. However, the Waiver is for a percentage of reduction and the over parking space count may change based on changes to the by -Right development program for project. This finaldeosicn maybe appeal. to Appeals aced byarry aggrieved parry withinthe date of posungtry flung awatten appeal aruiappleplatekewlt the Hearing Boards DMsion. located at 4445W 2rd Avenue 3rd Rao,, Miami, FL 33130. Telephone number 50941fi-2030. INCOCITY OF MIAMI WAIVER FINAL DECISION FINDINGS AND APPLICABLE DETERMINATIONS In reviewing this application, the following findings have been made based on Miami 21 zoning code, development information proposed, and the Application package provided: (1) It is found that the Guiding Principles in Article 2 described in the Letter of Intent are in compliance with Miami 21. (2) It is found that the Waivers specified are minor deviations from the Miami 21 Code, as described in the Application Package. (3) It is found that the 10% Waiver(s), if any, included in the Application Package are granted as it promotes the intent of this Transect Zone where the proposal is located; is consistent with the guiding principles of this Code; and there is practical difficulty in otherwise meeting the standards of the Transect Zone, or when doing so promotes energy conservation and Building sustainability. The practical difficulty requiring such Waiver(s) are described in the Letter of Intent. (4) It is found the required notice and hearing procedures, as applicable, in Section 7.1.2.5(c) of the Miami 21 Code were followed. (5) It is determined that the Application Package is consistent with all applicable zoning regulations as described in this Final Decision. FINAL DECISION CONDITIONS Based on the above, and in consultation with all the applicable officers, agencies, authorities, the Application is APPROVED WITH THE FOLLOWING CONDITIONS: Project Specific Conditions: 1. At the time of the building permit, provide the resolution vacating SW 37th Court. 2. At the time of the building permit and pursuant Miami 21, Article 7 Section 7.1.7.1, submit a Unity of Title including all lots, addresses and folio numbers in the project. 3. At the time of the building permit and pursuant Article 3, Section 3.13.1.b.1., provide: (a) Proof of registration with the Green Building Certification Institute, or equivalent agency; (b) A signed and sealed affidavit from a LEED Accredited Professional, or applicable designation, stating that the proposed Building is designed to achieve the required certification; and (c) A LEED Scorecard, or equivalent document, identifying anticipated credits to be achieved. 3 CITY OF MIAMI WAIVER FINAL DECISION 4. The roof shall comply with the solar reflectance criteria under the provisions of 5. At the time of the building permit, provide verification that the required public b been provided in order to be eligible for the bonus floors (Levels 9-12). 6. Provide Final determination of Public School Concurrency and Capacity Reservatio This final dedsicn maybe appeal. to Appeals aced byarry aggrieved parry.withinthe Gate of posungtry flung awatten appeal aruiapprcplatekewlt the Hearing Boards DMsbn. located at 4445W 2rd Avenue, 3rd Floor, Miami, FL 33130. Telephone number 50941fi-203a 7. At the time of the building permit, provide a letter from the Miami Parking authority indicating the number of on -street parking spaces which are directly adjacent to the site and which are available for use by the project. 8. Provide the approved UDRB resolution and conditions, to be reviewed by Urban Design. 9. At the time of the building permit, the mechanical equipment on the roof shall be enclosed by parapets in compliance with the maximum height allowed in the corresponding transect zone. 10. Any deficiencies in trees required can be resolved by providing a tree trust fund contribution, condition to be reviewed by the Environmental Resources Division. 11. If the minimum number of trees required cannot be reasonably planted on the ground level of the subject property, the applicant may plant forty percent (40%) of the required trees on upper levels such as open recreation areas or exposed decks. All trees located on upper levels used towards the minimum requirements shall be regulated through Chapter 17: Environmental Preservation. 12. At the time of the building permit and pursuant Article 9, Section 9.11, provide Preparers Certification of Landscape Compliance. 13. The Department of Resilience and Public Works has provided comments and conditions for this submittal for informational purposes. They are not conditions of this Waiver but may be conditions of a subsequent building permit obtained pursuant to this Waiver. 14. Parking structure/garage to conceal internal elements including, but not limited to, vehicles, lights, and mechanical equipment from the public realm both day and night. Spacing of 2 inches between battens should adequately screen the garage's internal elements as Code requires. (Urban Design Review Group). Standard Waiver Conditions: 1. This Waiver shall be valid for a period of two (2) years during which a Building Permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one-time extension, for a period not to exceed an additional year, may be obtained upon approval by the Zoning Administrator. 2. Only the Waivers granted by this Final Decision are approved. Full compliance with all other aspects of Miami 21 shall be required. 3. The Waiver approval is conditioned on a full review by the Office of Zoning at the time of Building Permit application. Any substantial changes that arise may require a new Waiver or other applicable Miami 21 permit. Additional comments will be provided to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. 4. As may be applicable a Unity of Title or Covenant in Lieu of Unity of Title will be required prior to Building Permit. 5. As may be applicable, a Parking Covenant may be required prior to Building Permit for any off -site parking. 4 CITY OF MIAMI WAIVER FINAL DECISION dam/ r�~ rY 11\ 6. Compliance with Miami 21 Section 3.13, Sustainability, Tree Permits and equivalent is required prior to Building Permit. Compliance with the City of Miami Neighborhood Comprehensive Plan is req consistent with the review, comments and findings by the City of Miami Plannin Department. Compliance with City of Miami Code of Ordinances, Chapters 54-55, Street, Sidewalks and Subdivision is required prior to Building Permit. 9. If the project proposes bonus Height or Floor Lot Ratio, it shall be satisfied prior to Building Permit pursuant to Section 3.14 of Miami 21. 10. If applicable, at time of Building Permit (including a phased vertical permit, if sought) provide a letter from the Miami -Dade Aviation Department and the Federal Aviation Administration approving the project's height in accordance with the airspace protection provisions of Chapter 33, Article XXXVII of the Code of Miami -Dade County, Florida for Miami International Airport. 11. If located in the Downtown or Southeast Overtown / Park West Development of Regional Impact ("DRI"), provide verification that the DRI fee has been paid at time of building permit. 12. A Warrant may be required for any proposed outdoor dining. Obtain a Warrant prior to or at time of building permit or remove the proposed outdoor dining. 13. At time of Building Permit, if residential units are proposed, provide proof of satisfaction of school concurrency requirements. This finaldeosicn maybe appeal. to Appeals Board byarry aggrieved parry withinthe date of posungtry flung awatten appeal aruiappleplatekewlt the Hearing Boards DMsbn. located at 4445W 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number 50941fi-2030. WAIVER FINAL DECISION BY ZONING ADMINISTRATOR The final decision of the Zoning Administrator may be appealed to the Planning, Zoning, Appeals Board by any aggrieved party, within fifteen (15) calendar days of the posting of the decision on the City's website by filing a written appeal and payment of appropriate fee with the office of Hearing Boards, located at 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130; telephone number (305)416-2030. For more information visit: https://www.miamigov.com/Services/Solve-a-Problem/Appeal-a- Warrant-or-a-Waiver Goldber Signatg, Dan i Digitally signed by Goldberg, Daniel I Date: 2023.10.19 e 09: :13 -04'00' 5 Date: 10/19/2023 EXHIBIT C (Eitg of 4I1amt September 13, 2023 Oswaldo Jaramillo and European Automotive, LLC c/o Greenberg Traurig, PA / Ethan Wasserman 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 ARTHUR NORIEGA, V City Manager 908 Group Holdings LLC 109 N. Brush Street, Suite 500 Tampa, FL 33602 NINE AT MIAMI TENTATIVE PLAT #2029-A (FIRST RESUBMITTAL) LOCATED ALONG THE NORTH SIDE OF DAY AVENUE, ON THE EAST AND THE WEST SIDES OF HIGGS STREET; AND ALONG THE SOUTHEASTERLY SIDE OF SOUTH DIXIE HIGHWAY (U.S. 1). Ladies and Gentlemen: The City of Miami Plat and Street Committee at its meeting of July 6, 2023, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions and/or comments have been satisfied: Resilience and Public Works Department 1. The Transect Zoning Sketch needs revisions on the line work of the subject site. 2. The Tentative Plat needs revisions, contact the Survey Section. 3. The right-of-way information for the southeasterly right-of-way line of U.S. 1 / State Road No. 5 requires review and approval from F.D.O.T. 4. Provide corrections to underground information of existing stormwater drainage system adjacent to proposed plat - underground lines, inlet rim elevation, inlet type, structure bottom elevation, pipe material and direction, pipe size, pipe length, covered ditches, exfiltration trenches. All information obtained from the City records must be field verified. Field verifications are also required for all new structures that are not on the City records. All structures must be cleaned to be accessible for the field verifications and researches, if necessary. Missing bottom elevations. Qualify, as per City records, existing covered ditch along Day Avenue. 5. For coordination of underground information for stormwater drainage system. Contact Mauricio Valdes at 305-416-1288 or MauValdes@miamigov.com, Development and Roadway Plans Section for comments. To obtain copy of Stormwater As-Builts, Capital Projects, and any other underground City's Records, contact Justo De La Torre at jdelatorre@miamigov.com. 6. Drainage structure(s) in the private property might be connected to public stormwater system and/or abutting properties. Provide complete underground information. 7. Corrections on underground information to be completed prior the issuance of the Subdivision Improvements letter. Standard Comments 8. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. DEPARTMENT OF RESILIENCE & PUBLIC WORKS 444 S.W. 2nd Avenue / Miami, Florida 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 Nine at Miami- TENTATIVE PLAT # 2029-A (FIRST RESUBMITTAL) September 13, 2023 Page 2 of 3 9. Verify with Miami -Dade County that the proposed plat name is acceptable. 10. All encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal. 11. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. 12. Current backup documentation will be required for all who execute the final plat. A resolution for authority to execute documents and a Certificate of Good Standing from the Secretary of State are required, if applicable. 13. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 14. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is the owner's responsibility to work with his/her surveyor and his/her attorney to assure that everything is in order before submitting the final plat package. 15. Be advised that if all requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 16. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat submittal. 17. A letter from the Miami -Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. Also, a letter to release the final plat in connection with water and sewer service agreements. 18. Provide two 8 1/2" by 11" paper location sketch exhibits, one "Before Replat" and one "After Replat". 19. Existing utilities located within the right-of-way to be closed and vacated must be relocated or easements provided. 20. An opinion of title as to reversionary rights for the right-of-way to be closed and vacated will be required by the Planning, Zoning and Appeals Board. The opinion of title must also address whether or not there are individuals, in addition to the abutting property owners, having an interest in the right-of-way to be closed and vacated. A copy of the opinion of title must be provided to the Survey Section of Resilience and Public Works Department. 21. The Planning, Zoning, and Appeals Board will require a Sketch and Legal Description with a square footage, on an 8 1/2" X 11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Survey Section of Resilience and Public Works Department. 37. The Subdivider or applicant is to comply with the requirements of Chapter 55, Sec. 55-15(a) City of Miami Code before scheduling a public hearing before the city commission for the vacation and closure of the right-of-way. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights - of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases, this could represent a substantial investment on your part. REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to the City of Miami Public Works Department, Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement letter required for the final plat approval. 2. Execution of Covenant for Postponement of Subdivision Improvements is required in cases where the required subdivision improvements are not completed. 3. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. Nine at Miami- TENTATIVE PLAT # 2029-A (FIRST RESUBMITTAL) September 13, 2023 Page 3 of 3 4. A building permit will not be issued on the property being platted until the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i). Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 5. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 6. In order to mitigate problems associated with access and construction activities throughout the neighborhood, the contractor/developer is encouraged to notify the affected neighborhood residents, in writing, of the project starting and completion dates at the time of issuance of permits. 7. Additional items must be provided to the City of Miami Department of Resilience and Public Works, Development and Roadway Plans Section before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. It is required that the applicant contacts the Survey Section of Resilience and Public Works Department of the City of Miami to verify that all final plat submittal documents are complete prior to final plat submittal. 8. Tentative plat approval is only valid for 1(one) year and 6 (six) months from the date of the Plat and Street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sul3er4isor oPlats - Plat and Street Committee Director — Public Works Department of Resilience and Public Works JS/EP/ep/ss Enclosure: Contact Sheet c: Ethan B. Wasserman Greenberg Traurig, P.A. 333 SE 2 Avenue Miami, FL 33131 Mark Johnson Shwebke-Shiskin &Associates 3240 Corporate Way Miramar, FL 33025 Plat and Street Committee Members Nzeribe Ihekwaba, Ph.D., P.E., Deputy City Manager Development and Roadway Plans Survey Major Richard Perez Police Department 400 NW 2nd Avenue Miami, FL 33128 305.603.6505 5630@miami-police.orq Collin Worth Transportation Office 444 SW 2nd Avenue, 8th Miami, FL 33130 305.416.1725 cworth@miamigov.com City of Miami Plat and Street Committee Contact List Evelyn Abraham Florida Power & Light Co. 122 SW 3rd Street Miami, FL 33130 305.377.6108 Evelyn. M.Abraham@fpl.com Luis Torres Building Department Floor 444 SW 2nd Avenue, 4th Floor Miami, FL 33130 305.416.1195 LTorresIII@miamigov.com Maria Nunez Comcast 2601 SW 145 Avenue Miramar, FL 33027 954.447.8405 Maria nunez@comcast.com Lt. Joselin Fernandez Fire -Rescue Department 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 305.416.1722 iofernandez@miamigov.com Daniel S. Goldberg, Esq. Zoning Administrator Office of Zoning 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130 305.416.1488 DaGoldberg@miamigov.com Angel Quant Regional Operations Manager TECO GAS 5101 NW 215T Avenue, Suite 460 Ft. Lauderdale, FL 33309 954.453.0805 alauant@tecoenergy.com Guillermo Guerrero Miami -Dade Water & Sewer 3071 SW 38th Avenue Miami, FL 33146 786.268.5268 Guillermo.Guerrero@miamidade.gov Walter Sancho-Davila Hotwire Communications 2100 W Cypress Creek Road Fort Lauderdale, FL 33309 954-699-0900 walter.sancho- davila@hotwirecommunication.com Robert Diamond, P.E. Professional Engineer III Resilience & Public Works Dept. 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 305.416.1200 rdiamond@miamigov.com Elizabeth Hernandez Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 305.416.1859 elhernandez@miamigov.com Darren Murphy Planning Department 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 305.416.1428 dmurphy@miamigov.com Ivan Rodriguez Miami -Dade County Public Schools 1450 NE 2nd Avenue, Room 525 Miami, FL 33132 305.995.7285 irodriduez@dadeschools.net Stefan Eriksson / PEA, Inc For: AT&T 6000 Metro West Blvd., Suite 201 Orlando, FL 32835-7631 407.578.8000 seriksson@pea-inc.net Juvenal Santana, P.E., CF Director of Public Works Resilience & Public Works Dept. 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 305.416.1218 jsantana@miamigov.com Henry Urena AT&T Florida for Bellsouth 600 NW 79th Ave, Room 360 Miami, FL (305) 913-1408 hu083i@att.com Enrique Pousada, P.S.M. Sr. Professional Surveyor / Mapper Resilience & Public Works Dept. 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 305.416.1232 epousada@miamigov.com Terran Steed Zoning Office 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130 305.416.1419 tsteed@miamigov.com Jon Baker / Mark Klinkenberg SPRINT Communication National Field Operations 851 Trafalgar Court, Suite 300 Maitland, FL 32751 jabaker@cogentco.com mark.klinkenberu@t-mobile.com Wade L. Sanders Director Solid Waste Department 1290 NW 20 Street Miami, FL, 33142 (305)960-2804 Wasanders@miamigov.com Erlande Omisca Florida Department of Health Miami -Dade County 11805 SW 26 Street, Room 120 Miami, FL 33175 (786) 315-2452 Erlande.Omisca@flhealth.gov MIAMI DADE COUNTY PLAT COMMITTEE NOTICE OF ACTION Plat No: T - 25008 - 1 - NEW STR1: 20 54 41 Municipality: MIAMI Zoning: District: 7 Name: NINE AT MIAMI Location by Streets: S. DIXIE HWY & DAY AVE Owner: Surveyor: OSWALDO JARAMILLO AND EUROPEAN AUTOMOTICE LLC, GREENBERG TRAURING, 333 SE 2 AVE., STE, 4400 MIAMI, FLORIDA 33131 Phone: (305) 579-0784 SCHWEBKE-SHISKIN & ASSOCIATES, INC. 3240 CORPORATE WAY MIRAMAR, FL 33025 Phone: (305) 652-7010 This is to advise you that on Friday, September 8, 2023 the Dade County Plat Committee reviewed the above plat and that the same was: Recommended for approval subject to conditions indicated on attached action copy. Approved as an extension of time, subject to previous requirements and: Deferred for reasons indicated below: Denied for the reasons indicated below: NoticeOfAction 9/8/2023 11:17:23 AM NINE AT MIAMI TENTATIVE PLAT NO. 25008-1 Sec. 20 Twp. 54 Municipality: MIAMI Zoned: T4-O, T5-O & T6- RECOMMEND APPROVAL RECOMMENDS APPROVAL Rge. 41 Date. Regulatory an • • • is Resou�es jjEpt. (Zoning) Q Recommends approval subject to the City of Miami requirements and the requirements checked below: • Traffic concurrency approval by the Municipality is required prior to final plat review and prior to the issuance of a building permit. Municipality concurrency review to include all City, State and County roads. Q Tentative Plat valid until '- - Note: The Plat Committee must officially review the Extension of Time request prior to the expiration of the Tentative Plat. Application request must be submitted at least ten (10) days prior to said Plat Committee meeting. • No road, sidewalks, or drainage facilities within unincorporated Miami Dade County or on County maintained rights -of -ways are to be constructed or installed without prior knowledge, approval and complete progressive inspection by the Department of Transportation and Public Works. Construction or installation of these facilities does not guarantee acceptance by the County unless final plat is approved and recorded. ▪ Final approval and recording subject to the Department of Regulatory and Economic Resources (Environmental Resources Management) and the Florida Department of Health approval on sewage disposal facilities and water supply. • Site to be filled to County Flood Criteria Elevation or to an elevation not less than the approved crown of the road fronting the property. Cutting of existing grade is not permitted below the established base flood elevation of the F.IR.M. for Miami -Dade County Florida Community # 125098. Q Road closing petition to vacate a public road must be approved by the Municipality prior to final plat review. Q The City of Miami and the Traffic Division of the Miami -Dade County Department of Transportation and Public Works must approve the Site Plan prior to Final Plat submittal. Q Florida Department of Transportation approval required prior to final plat review. Contact (305) 470-5489 for concerns and requirements. Q An approved Traffic study report is required prior to Final Plat submittal. Please contact the Traffic Division of the Miami -Dade County Department of Transportation and Public Works. Q Compliance with the Department of Regulatory and Economic Resources (Environmental Resources Management). Contact Ingrid Guerrero at (305) 372-6507 or Inarid.Guerrero(i1 miamidade.eov for environmental concerns and requirements. School Board approval required prior to final plat review. MDWASD approval required prior to final plat review. Compliance with the Miami Dade Water and Sewer Department (MDWASAD). Contact Maria Capote at (786) 268-5329 or Maria.Capote(a)miamidadc.gov for water and sewer concerns and requirements. Final Mylar(s) plus five (5) prints. Opinion of Title (Valid for 30 days, unincorporated; 45 days municipality). An update is usually required before the County Commissioners meeting and/or recordation. Paid Tax receipts (and escrow, if applicable). Processing fee for Final Plat. Recording fee for Final Plat. Water Control Division approval after final plat submittal. (DRER) Approval regarding method of water supply. Approval regarding method of sewage disposal. Certified copy of municipal ordinance and/or resolution accepting final plat and letter(s) stating paving and drainage plans have been approved and Improvement Bond held by Municipality (if applicable). Letter from F.P.&L. Company (TP-7 letter) regarding underground electric service (ORD. 68-69). State Plane Coordinate Data Sheet. AFTER SUBMITTAL OF FINAL PLAT, CHECK THE PUNCH LIST AT THE FOLLOWING WEBSITE FOR ADDITIONAL SCHEDULING AND/OR RECORDATION REQUIREMENTS. (http://www8.miamidade.eov/apes/rer/platstatus/) EXHIBIT D City of Miami Certified Copy City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 15778 Enactment Number: R-24-0166 A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FOR PUBLIC USE A PORTION OF HIGGS STREET GENERALLY BOUNDED BY SOUTH DIXIE HIGHWAY TO THE NORTH, SOUTHWEST 37 AVENUE TO THE EAST, DAY AVENUE TO THE SOUTH, AND BROOKERS STREET TO THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ethan B. Wasserman, Esquire, on behalf of Oswaldo Jarmillo c/o 908 Group Holdings LLC, ("Applicant") applied to the City of Miami ("City") to close, vacate, abandon, and discontinue for public use a portion of Higgs Street generally bounded by South Dixie Highway to the north, Southwest 37 Avenue to the east, Day Avenue to the south, and Brookers Street to the west, in Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Public Right -of -Way") pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Applicant is (re)platting certain property within the City as part of "Nine at Miami" Tentative Plat #2029-A (Higgs Street) ("Property"); and WHEREAS, the Property consists of multiple Miami Comprehensive Neighborhood Plan ("MCNP") Future Land Use Designations: Duplex Residential, Low Density Restricted Commercial, Medium Density Restricted Commercial, and Restricted Commercial; and WHEREAS, the Property consists of multiple Zoning Transects in the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"): "T4-R," General Urban Transect Zone — Restricted, "T3-O," Sub -Urban Zone — Open, "T5-O" Urban Center Transect Zone — Open; "T6-8-O," Urban Core Transect Zone — Open, and "T6-12-0," Urban Core Transect Zone — Open; and WHEREAS, the Property is also within the Miami 21 Code's Neighborhood Conservation District-2 (NCD-2) Zoning Overlay; and WHEREAS, based on the Applicant's plan drawing - PZD-2, Tentative Plat, the area of the Public Right -of -Way is approximately 4,659 square feet or 0.107 acres; and WHERAS, on October 19, 2023, the Applicant received an approval for their Waiver Application: PZ-22-15483 - 3850 South Dixie Hwy and 3791 Day Avenue ("Approved Waiver"), which consists of the same two (2) property addresses as this current vacation and closure application; and City of Miami Page 1 of 4 R-24-0166 File Number: 15778 Enactment Number: R-24-0166 WHEREAS, based on the Approved Waiver, the project was approved "By Right" for seventy-nine (79) Residential Multi -Family Housing units and 127 parking spaces for the Property; and WHEREAS, pursuant to Chapter 55, Section 55-15 of the City Code, the Applicant is replatting the Property with the intent to vacate and close a portion of Higgs Street, referred to as the Public Right -of -Way, that currently bisects the Property; and WHEREAS, the Applicant intends to plat a portion of the property fronting South Dixie Highway, which is currently unplatted; and WHEREAS, pursuant to the provisions of Chapter 55, Section 55-15(a) of the City Code, as amended, the City's Department of Resilience and Public Works ("RPW") and Office of Capital Improvements ("OCI") has researched for any City projects involving this Public Right -of - Way to be vacated and closed by the subject Tentative Plat; and WHEREAS, both RPW and OCI Departments confirmed in writing based on their records, that the City has not expended any funds within the prior fifty (50) years and/or any restricted funds on improvements; and WHEREAS, pursuant to Chapter 55, Section 55-15(c) of the City Code, the City's Plat and Street Committee met on July 6, 2023, and reviewed the Applicants Tentative Plat for technical compliance; and WHEREAS, the City's Plat and Street Committee approved the "Nine at Miami" Tentative Plat #2029-A (Higgs Street) and recommended approval of the vacation and closure of the Public Right -of -Way on July 6, 2023, (refer to Memorandum dated November 1, 2023 — Plat and Street Committee); and WHEREAS, the City's Plat and Street Committee considered the request for the vacation and closure of the subject Public Right -of -Way with respect to the following four (4) criteria/questions in Section 55-15(c) of the City Code in making their recommendation for approval to the Planning, Zoning, and Appeals Board ("PZAB"): (1) Is it in the public interest, or would the general public benefit from the vacation of the rights -of -way or easements? (2) Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles? (3) Would there be no adverse effect on the ability to provide police, fire or emergency services? (4) Would the vacation and closure of the rights -of -way or easements have a beneficial effect on pedestrian and vehicular circulation in the area?; and WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way consistent with Article 2, Section 2.1.2(b)(3) of the Miami 21 Code; and WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way consistent with the Capital Improvements Goal CI-1 of the MCNP; and WHEREAS, the City's Planning Department found the proposed vacating and closing of the Public Right -of -Way to be consistent with Article 2, Section 2.1.3.3(b) of the Miami 21 Code; and City of Miami Page 2 of 4 R-24-0166 File Number: 15778 Enactment Number: R-24-0166 WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way to be consistent with Goal TR-1 of the MCNP; and WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way consistent with Article 3, Section 3.8.2.b of the Miami 21 Code; and WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way consistent with Article 3, Section 3.8.2.c of the Miami 21 Code; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 20, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-020 by a vote of nine to one (9-1), Item No. PZAB.10, recommending approval of right-of-way closure application; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, the City Commission finds that there is competent substantial evidence to approve the closure and vacating of the Public Right -of -Way described herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission approves the closure, vacation, abandonment, and discontinuance for public use a portion of Higgs Street generally bounded by South Dixie Highway to the north, Southwest 37 Avenue to the east, Day Avenue to the south, and Brookers Street to the west, in Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," with the following conditions: 1. The closure and vacation shall be developed in accordance with the "Nine at Miami" Tentative Plat #2029-A (Higgs Street) consisting of two (2) sheets, digitally signed, and sealed by Mark Steven Johnson, Professional Surveyor and Mapper, LS No. 4775, State of Florida, with a Survey Date of January 19, 2023. 2. The Applicant, owner, and any successor shall comply with all conditions and/or comments in the letter signed by Juvenal Santana, P.E., CFM, Supervisor of Plats - Plat and Street Committee, Deputy Director - Public Works, Department of Resilience and Public Works on September 13, 2023 for the Tentative Plat # 2029 located along the north side of Day Avenue, on the east and the west sides of Higgs Street; and along the southeasterly side of South Dixie Highway (U.S.1). 3. The Applicant, owner, and any successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 4. The Applicant, owner, and any successor shall provide an access plan for review and acceptance by the City's Fire -Rescue, Police, Solid Waste Departments, and the Capital Improvements Program/Office Transportation. 5. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded or as authorized by Section 55-10(i) of the City Code. City of Miami Page 3 of 4 R-24-0166 File Number: 15778 Enactment Number: R-24-0166 6. Approval of the requested vacation and closure shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period, pursuant to Section 55-15 of the City Code. 7. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 8. The City reserves the right to inspect the site to ensure compliance with the conditions listed. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall be effective immediately upon its adoption. DATE: 4/25/2024 RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Christine King. Joe Carollo, Miguel Angel Gabela, Damian Pardo, Manolo Reyes I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Resolution No. R- 24-0166, with attachment(s), passed by the City Commission on 4/25/2024. A Ack. (1_ (..Q Ci y Clerk, Deputy City Clerk (f•"Todd B. Hannon, City Clerk) May 7, 2024 Date Certified City of Miami Page 4 of 4 R-24-0166 City of Miami Master Report Enactment Number: R-24-0166 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15778 Revision: File Name: Closure - 3850 S Dixie Hwy Requesting Dept: Department of Planning File Type: Resolution Status: ADOPTED Controlling Body: City Commission Introduced: 3/22/2024 Final Action Date: 4/25/2024 Title: A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FOR PUBLIC USE A PORTION OF HIGGS STREET GENERALLY BOUNDED BY SOUTH DIXIE HIGHWAY TO THE NORTH, SOUTHWEST 37 AVENUE TO THE EAST, DAY AVENUE TO THE SOUTH, AND BROOKERS STREET TO THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Notes: Links: Linked To: PZAB-R-24-020 : A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE CITY COMMISSION PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FOR PUBLIC USE A PORTION OF HIGGS STREET GENERALLY BOUNDED BY THE FOLLOWING THOROUGHFARES: SOUTH DIXIE HIGHWAY TO THE NORTH, SOUTHWEST 37 AVENUE TO THE EAST, DAY AVENUE TO THE SOUTH, AND BROOKERS STREET TO THE WEST MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Attachments: 15778 - Exhibit A (PDF) 15778 - Analysis and Maps (PDF) 15778 - Application and Supporting Documents (PDF) 15778 - Noticing for April 25 2024 CC Mtg (PDF) History of Legislative File: Revision: Acting Body: Date: Action: Result: Erica Lee David Snow Legislative Division Amber Ketterer George K. Wysong III City Commission City Commission Mayor's Office City Clerk's Office 4/8/2024 4/9/2024 4/10/2024 4/15/2024 4/15/2024 4/25/2024 4/25/2024 5/1/2024 5/1/2024 City Clerk's Office 5/6/2024 Planning Legislative Review Department Head Review Legislative Division Review ACA Review Approved Form and Correctness Meeting ADOPTED Unsigned by the Mayor Signed and Attested by the City Clerk Rendered Completed Completed Completed Completed Completed Completed Passed Completed Completed Completed City of Miami Page 1 of 2 Printed on: 5/7/2024 City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 Master Report www.miamigov.com Enactment Number: R-24-0166 oe\(<• 4ctsP'4. \-\ke cl(<'fr toy 49- �P City of Miami Page 2 of 2 Printed on: 5/7/2024 EXHBIT "A" LEGAL DESCRIPTION: 541.10.1112.10 .cmo PZ-23-16892 03101/24 THAT PORTION OF THE RIGHT-OF-WAY OF HIGGS STREET LYING IN SECTION 20, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED ON THE NORTH BY THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 20, BEING BOUNDED ON THE SOUTH BY A LINE 25.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF DAY AVENUE, BEING BOUNDED ON THE EAST BY THE WEST LINE OF LOT 5 AND BEING BOUNDED ON THE WEST BY THE EAST LINE OF LOT 6, OF THE "REVISED PLAT OF PERCIVAL & SANFORD," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 140, OF THE PUBLIC RECORDS OF MIAMI-DARE COUNTY, FLORIDA. ACTIVE 693174438v1 EXHIBIT E LOTS 6 AND 7, LESS THE SOUTH 5.0 FEET OF REVISED PLAT PERCIVAL & SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 140, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ?2/57.!Lacy? 2a.75 ?7555ac55a THIS IIILSTRUENT WAS PREPARED BY: JOSEPH II. IAEHBY, ESQUIRE FONTAInEB EAU EXECUTIVE PLAZA 8370 WEST FLAGLER STREET, SURE 260 MIAMI, FLORIDA 33144 TELEPHONE NO.: (306) 364.6300 FAX NO.: (306) 664 4668 Parcel IdenQ1ICa0on Number: 01 41200080060 01 4120000006(1 01 41200000070 WARRANTY DEED 1111111111111111111111111111111 1111111111111 CFN 2008R0320183 OR Bk 26333 Pss 1918 - 1919; (lass) RECORDED 04/18/2008 13:22:03 DEED DOC TAX 161800.00 SURTAX 12,600.00 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA THIS INDENTURE Is by and brew SAVAGE, LLC, an bider Ikd1M IIabIMy company, whose post office address Is 4110 Casale Shed, Seas, Idaho SMOG, of the County of Ads. WA of Idaho, Orator' and EUROPEAN AUTOMOTIVE, LLC, a Florida Iambic OehIty oompsser, whose poet office address is 3840 S.Ovctd Kr/ MWwy Florida 331315, of the County of MIamFDede, State of Florida, Grantee' wrTNEaeETH, That add Girder, for and te eonsiersidas e1 Me wen of TEN DOLLARS ($10.00), said MMwr good and valu.ble coualdrallara to sal Genitor In had paid by said Grimes, the melee whereof le hereby aoksorsid,.4 1ws polo, Implied and sod to the add Grated and Grantee's hells and assigns forever, the wOowti dreaded land, tlhhate, lying and being In Misnl-Dod• County. Florida, to -wit See Exhibit A attached hereto SuMect, however, to the following: 1. Taxes 10r the extent add subsequent years, zoning oemtsnces end reablotene, Ra1Mlona and eseements. If arr. of record which ere net hereby Intended to be reknpoeed. And said Grantor doss hereby fully warrant the Mte to salt real property, and will defend the acme against the lawful claims of all pereens whomsoever. "Grantor" and "Grantee" are used for singular or plural, as corded requires. Mf tWITIEMS WHEREOF, the Grantor hue hereunto sat Grantor% hand and seal this -�J day of MOIL air delivered in �r�yray 1r7� j�1' (PRINT OR TYPE NAME OF WITNESS) COUNTY OF ADA STATE OFIDAHO SS I HERBY CERTIFY that on this day personally appsswt hdere one, an etler duly arthateed to administer oaths and Mar adowiledgemints, MAY MAIIIK a r as Msshler d MVAOE LLC. OO i PwsshhdY known to me or wlho 1� ri . JO✓t I C1 N , are Idenli keton and who enecoled the�eoa+ng pooduced document asknowledgsd before me that he executed the same Seely and wolhntadly for the purpose therein exprewsd. �2 �ESS my hand and official seal in the Stage and County last aforesaid tthle day o1 �rr�",`f / A.D., 2001. raY �3�r8Z:// Book26333/Page1918 CFN#20080320183 Page 1 of 2 EXHIBIT A Parcel 1: OR BK 26333 PG 1919 LAST PAGE From the SE corner of the NE 1/4 of the NE 1/4 of Section 20, Township 54 South, Range 41 East run Westerly along the South line of the NE 1/4 of the NE 1/4 of said Section 20 for a distance of 304.89 feet the Point of Beginning of the Tract of land hereinafter described; thence run North parallel to the West line of Lot 5, of Revised Plat Percival & Sanford Subdivision, according to the Plat thereof, recorded in Plat Book 1, at Page 140, of the Public Records of Miami -Dade County, Florida; for a distance of 144.76 feet, more or less, to the intersection with the Southeasterly line of the Right of Way of State Road No. 5, according to the Plat thereof, recorded in Plat Book 57, Page 65, of the Public Records of Miami -Dade County, Florida; thence run Southerly and Westerly along the Southeasterly line of said Right of Way of State Road No. 5 to the intersection with the South line of the NE 1/4 of the NE 1/4 of said Section 20; thence run East along the South line of the NE 1/4 of the NE 1/4 of said Section 20 to the Point of Beginning. Parcel 2: Lots 6 and 7, less the South 5.0 feet of Revised Plat Percival & Sanford Subdivision, according to the Plat thereof, as recorded in Plat Book 1, Page 140 of the Public Records of Miami -Dade County, Florida. 16 Initials Book26333/Page1919 CFN#20080320183 Page 2 of 2 Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Office of Zoning, Attn.: Zoning Administrator 444 S.W. 2nd Avenue, 4th Floor Miami, FL 33130-1910 Folio No: 01-4120-000-0060 (Space Above for Recorder's Use Only) RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, on December 20, 2010, EUROPEAN AUTOMOTIVE, LLC, the then owner of the real property described below ("Property") entered into a Declaration of Restrictive Covenants ("Covenant") in favor of the City of Miami ("City") pertaining to use of said Property, which was recorded on June 13, 2011, in Official Records Book 27719, Pages 1358-1365 of the Public Records of Miami -Dade County, Florida; WHEREAS, the Covenant limits building height on the Property to a maximum of three (3) stories and prevents access from Day Avenue; and WHEREAS, EUROPEAN AUTOMOTIVE, LLC ("Owner") owns the Property, which is legally described as: Lots 6 and 7, less the South 5.0 feet of Revised Plat Percival & Sanford Subdivision, according to the Plat Thereof as recorded in Plat Book 1 at Page 140, of the Public Records of Miami -Dade County, Florida. 3850 S Dixie Highway, Miami, Florida 33133 01-4120-000-0060 WHEREAS, the Owner(s) of the Property has requested that the Covenant be canceled and released; and WHEREAS, the need for the Covenant is no longer in existence, and the City is willing to cancel and release the Covenant; and NOW THEREFORE, the City hereby releases and cancels the Covenant described above, as to any interest whatsoever that the City has in the Covenant. This Release of Declaration of Restrictive Covenants ("Release") may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Release. The parties shall be entitled to sign and transmit an electronic signature of this Release (whether by facsimile, ACTIVE 707737268v1 Release of Declaration of Restrictive Covenants Folio No. 01-4120-000-0060 PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Release upon request. [SIGNATURES FOLLOW ON NEXT PAGE(S)] Page 2 ACTIVE 707737268v1 Release of Declaration of Restrictive Covenants Folio No. 01-4120-000-0069 In witness whereof the undersigned has caused his hand and seal to be affixed hereto on this 27 clay of February 2025. OWNER EUROPEAN AUTOMOTIVE, LLC By: STA IL OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) rr Peter E. Kilissanly, Manager The foregoing instrument was acknowledged before me by means of X physical presence OR online notarization, this 2, clay of fe4«9e , 20 ZS: by Peter E. Kilissanly, as Manager of EUROPEAN AUTOMOTIVE, LLC. Personally Known( or Produced Identification Type of Identification Produced -•���` .. fe'= Comm : MHi1615682 ,, Expires: Jan. 26, 2029 , , �' Notary Public • Stsle of Ronde ACTIVE 707737268v1 Print or Stamp Name: ///JG?IQ M C3a.rr,e Notary Public, State of F/or,11. Commission No.: ff 45-40e, : - My Commission Expires: jekn'z Ia6, At,' Page 3 Release of Declaration of Restrictive Covenants Folio No. 01-4120-000-0060 In witness whereof the undersigned has caused his hand and seal to be affixed hereto on this 27 day of February 2025. OWNER EUROPEAN AUTOMOTIVE, LLC l; Od 'lys Kilissanly, Manager STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of physical presence OR online notarization, this o? 7 day of Fe/ rva e , 20 -$ by Odaly Kilissanly, as Manager of EUROPEAN AUTOMOTIVE, LL'C. Personally Known X or Produced Identification Type of Identification Produced Alicia M. Barren it A. 7:1 Comm.: HH 615682 * Expires: Jan. 26, 2029 . Wary Sulk - Stale et Aorija ACTIVE 707737268v1 Print or Stamp Name: 4h.ey` /1' r'r Notary Public, State of brhi 6 /5 k :$ 2 PJvr. A Commission No.: f} My Commission Expires: jam, .204 " Page 4 Release of Declaration of Restrictive Covenants Folio No. 01-4120-000-0060 CITY OF MIAMI: APPROVED: OFFICE OF ZONING Tamara Allen -Frost Zoning Administrator APPROVED: Luis Torres III Building Official David Snow Planning Director Juvenal Santana Director of the Department of Resilience and Public Works APPROVED AS TO FORM AND CORRECTNESS: OFFICE OF THE CITY ATTORNEY George K. Wysong, Esq. City Attorney ACTIVE 707737268v1 Page 5 Exhibit "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION LEGAL DESCRIPTION: NOTICE s9\N=9� j REVIEW GOt LOTS 6 AND 7, LESS THE SOUTH 5.0 FEET OF REVISED PLAT PERCIVAL & SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 140 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. LEGEND: P.B. - PLAT BOOK PG. - PAGE - CENTERLINE - MORE OR LESS SURVEYOR'S NOTES: 1. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES 3. ORDERED BY: 908 GROUP HOLDINGS LLC ,,,s-c EN Jo THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 7 �.'��\,� G •E N SF*••%. — Si.��! �,4 & 74�o.�}�cc. ` * y LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORP01 4T WAY-MIRAMAR, FL 33012E FAX No. (954)4384 PREPAREp UG PHONE No.(954)435-7010 ORDER NO. 219347 DAZE FEBRUARY, 24 2025 THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 STATE OF a - biy9ON• Q MARK STEVEN JOHNS*,, N IPAL 0� o`O FLORIDA PROFESSIONAL LAISl1��$ Iffi �l 04,7/5 ET 1 OF 2 SHEET REVISIONS K:\205441\PERCIVAL \PERCIVAL AND SANFORD (3850)\SKETCH LEGALS\DWG\LOTS 6 AND 7 (02-24-25).DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION S'ct SCALE: 1 "=30' LOT 8 UNPLA TTED 1 NOTICE s9\N=9� j REVIEW GOt N8730'40"E 1100.00' REVISED 'PLAT OF PERCIVAL & SARI 0RD (P.B. 1, PG. 140) LOT 7 LOT 6 AREA: 1-11,632 SQUARE FEET (10.267 ACRES) CITY OF ML4MI BASE BUILDING UNE SOUTH I LINE LOTS 6 & 7 S873714311/ 1100.00' DAY AVE. LEGEND: P.B. - PLAT BOOK PG. - PAGE - CENTERLINE f - MORE OR LESS S0311 '20"E 116.43' 20' 20' , . EV EN jr THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S M. 9 7,lc F ; SURVEYOR'S NOTES: 1. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTI TIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES 3. ORDERED BY: 908 GROUP HOLDINGS LLC ScAwake - & 7444a Ivo. 9iticc. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORP01 4T WAY-MIRAMAR, FL 330t5 PHONE No.(954)435-7010 FAX No. (954)4384_ 7? ORDER NO. 219347 PREPARED UG DATE FEBRUARY, 24 2025 THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 STATE OF a MARK STEVEN JOHNS*,, N•1PAL FLORIDA PROFESSIONAL LA1Sl1�ii$ I ffi N007/5 ET 2 OF 2 SHEET REVISIONS mark S Jonrrson -�__ K:\205441\PERCIVAL \PERCIVAL AND SANFORD (3850)\SKETCH LEGALS\DWG\LOTS 6 AND 7 (02-24-25).DWG JOINDER BY MORTGAGEE The undersigned Savage, LLC, an Idaho limited liability company (the "Mortgagee") being the owner and holder of the Security Documents (as defined below) covering all/or a portion of the property described in the foregoing agreement (the "Property"), does hereby consent and acknowledge that the terms of this Release of Declaration of Restrictive Covenants (the "Release") and shall be binding upon the undersigned and its successors in title, and the lien and effect of the Security Documents shall be subject and subordinate to the terms of the Release, including, without limitation, in the event that Mortgagee or any other party shall obtain title through foreclosure or deed in lieu of foreclosure. (a) Mortgage, Security Agreement and Assignment of Rents, Leases and Profits from European Automotive,LLC a Florida limited liability in favor of Savage, LLC, an.Idaho limited liability company dated March 20,2008, and recorded April 18, 2008, in Official Records Book 26333, Page 1920, as modified by that certain Agreement for Modification of Mortgage, recorded September 28,2020, in Official Records Book 32118, Page 608, all of the Public Records of Miami -Dade County, Florida (the "Mortgage"). (b) Assignment of Rents, Leases and Profits between European Automotive, LLC a Florida limited liability and Savage, LLC, an Idaho limited liability company dated March 20, 2008, and recorded April 18, 2008, in Official Records Book 26333,Page 1936 as modified by that certain Agreement for Modification of Assignment of Rents Leases and Profits, recorded September 21, 2020, in Official Records Book 32107, Page 3084, and re-tecorded in Official Records Book 32107,Page 3155, all of the Public Records of Miami -Dade County, Florida. (the "Assignment"). (c) UCC-I Financing Statement naming Savage, LLC as secured party recorded April 18, 2008, in Official Records Book 26333,Page 1944 of the Public Records of Miami -Dade County, Florida (the "Financing Statement 1"), and together with the Mortgage, Assignment collectively, the "Security Documents"). The sole purpose of Mortgagee joining in the execution of this Release is to subject the interests of Security Documents in the Property to the provisions of the Release. [Signature Page to Follow] ACTIVE 707780385v1 Release of Declaration of Restrictive Covenants Folio No. 01-4120-000-0060 IN WITNESS WHEREOF, these present have/has been executed as of the day of 27 r- (c_ 2025. WIT'1_E 7 S: rac 119ttur Print Name JOi+5a Li Signature 144 ma, (Ait#1oAkt Print Name STATE OF...2W {f A 7c4(ko Ad& COUNTY OF - presence Savage, LLC, an Idaho limited liability company By: Name: Title: The foregoing instrument was acknowledged before me, by means of iphysical or ❑ online notarization, on this Z 7 day of - , 2025, by 13c.ie e,G/ , the Savage, LLC, an Idaho limited liability company, who :s known to me or has produced PL._ as identification. MY COMMISSION NO. 20224622 NOTARY PUBLIC STATE OF IDAHO 1 MY COMMISSION EXP: 10/07/2028 ACTIVE 707737268v1 NOTARY PUBLIC, STATE OFF Print Name: IJ)v1 �?'« Commission No. °2c3 j -16 2Z Commission Expires: i [mil a 7/202-* Page 7 of 7 This instrument prepared by, and after recording return to: Name: Javier F. Aviri , Esq. Address: Greenberg Traurig, P.A. 333 Avenue of the Americas Miami, Florida 33131-3261 I 111111 11111 11111 11111 11111 11111 II C FH 201 1 R038 OR E'.k 27719 F'ss 1358 - 1. RECORDED 06/13/2011 10:1 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day AO of J cC- , 2010, by European Automotive, LLC (the "Owner"), in favor of the City of Miami, a Florida Municipal Corporation (the "City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at approximately 3825 Day Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, an approval was obtained for a zoning change and land use amendment for the Property from the City Commission of the City of Miami, pursuant to Ordinance No. 13208, adopted on September 23, 2010 and attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, it is the Owner's intent to renovate the Property for continued use as an auto repair shop and electric car sales. 1 MIA 181,274,928v2 11-9-10 Book27719/Page1358 CFN#20110383279 Page 1 of 8 NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Zoning Regulations. The Owner agrees to adhere to the "T5-O Designation" under Miami 21. In addition, the Owner agrees to the following restrictions: 1) installation of a concrete wall fronting Day Avenue, per Miami 21 guidelines; 2) A landscape buffer along Day Avenue, per Miami 21 guidelines; 3) There shall be no ingress or egress to or from the Property from Day Avenue; and 4) irrespective of the T5-O regulations no building on the Property shall exceed 3 stories. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 2 MIA 181,274,928v4 4-6-11 Book27719/Page1359 CFN#20110383279 Page 2 of 8 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the owner(s) of the fee -simple title to the Property to be effected 3 MIA 181, 274, 928v4 4-6-11 Book27719/Page1360 CFN#20110383279 Page 3 of 8 by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the City Clerk at 3500 Pan American Drive, Miami, FI. 33133 within thirty(30) days of recordation. 4 MIA 181,274,928v4 4-6-11 Book27719/Page1361 CFN#20110383279 Page 4 of 8 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this 2 0 day of ,e izz IN WITNESS WHEREOF, t v �.0 t�f-1J fr U iv! ha caused these presents to be signed in its name bly its proper officals. Witnetsel: Signature rc. Cc ignature / .ve r II v"P'1�.le? Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE European Automotive, LLC 3850 S. Dixie Highway Miami, Florida 33133 By: fa-rA • The foregoing instrument was acknc� ledged before me by f� T R 11,k SS f3 N Ly' the-'anager of ! ► ' A-� AuTo MEWS orporation, on behalf of the corporation. is personally known to or has produced Florida Driver's licence: s identification. Witness my signature and official seal this oRD day of Ote!G, , 2010 in the County and State aforesaid. My Commission Expires: Alsr /44 Notary Public State W Florida `F Evelyn Rodriguez My Commission EE005108 'kor t. Expires 06/29/2014 5 MIA 181,274,928v2 11-9-10 Notary PState of FLORIDA Book27719/Page1362 CFN#20110383279 Page 5 of 8 CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE The undersigned, holder of that certain Mortgage Deecl dated 4/18/2008 and recorded in Official Records Book 26333 at Page 1920 , of the Public Records of Miami -Dade County, Florida, as amended, encumbering the real property to be subjected to the foregoing Declaration of Restrictive Covenants made by Savage LLC, in favor of the City of Miami, Florida, hereby consents to said Declaration of Restrictive Covenants and agrees that the lien of said Mortgage Deed shall be subject and subordinate to the terms of said Declaration of Restrictive Covenants. IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of �%L , 2011. STATE OF IDAHO COUNTY OF ADA ) ss: By: (A) l l cAftc-ej (Corporate Seal) The foregoing instrumenf was q,knowled9ed before me this /3 day of II, , 2011 by /L'dliQrit 1.4✓r,§ , as 11W abe of Wye_, << e , on behalf of said company. He/She personally appeared before me, is personally known to me or produced as identification. 6 4_ .,LJ Name: `‘..) y Notary Public, State Idaho Commission No. , 4�1 e/ Book27719/Page1363 CFN#20110383279 Page 6 of 8 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU City Attorney APPROVED: FRANCARCIA Director of Planning /94€6/0/ 7 BARNABY-SJW Zoning A fninistrator f t' Book27719/Page1364 CFN#20110383279 Page 7 of 8 OR BK. 27719 PG 1 LAST PAGE Exhibit "A" LEGAL DESCRIPTION: Parcel Lots 6 and 7, Less South 5.0 feet of "PERCIVAL PLAT REVISED" according to the Plat Thereof as recorded in Plat Book 1 at Page 140, of the Public Records of Miami -Dade County, Florida. AKA 01-4120-013-0050. Book27719/Page1365 CFN#20110383279 Page 8 of 8 SIIRVFYOR•S NOTES - 1. BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING OF S8.4753'W ALONG THE CENTER LINE OF DAY AVENUE BETWEEN BROOKER STREET AND DOUGLAS ROAD LEGAL DESCRIPTION SHOWN HEREON WAS PROVIDED BY CLIENT 3. UNLESS OTHERWISE NOTED, THIS FIRM HAS NOT ATTEMPTED TO LOCATE FOOTINGS AND/OR FOUNDATIONS. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON. THE ATTACJHCD CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 5. THE PROPERTY SHOWN HEREON FALLS WITHIN FEDERAL FLOOD HAZARD ZONE 'X" PER FLOOD INSURANCE RATE MAP NO, 12086C045A, COMMUNITY NO 120039. PANEL NO.. 0457, SUFFIX L. OF FEMA MAP DATED SEPTEMBER 11, 2009. 6 VISIBLE INDICATORS OF UTILITIES ARE SHOWN HEREON HOWEVER NO ATTEMPT HAS BEEN MADE TO LOCATE (UNDERGROUND PRESSURE MAINS, CABLES OR CONDUITS Z. THE DISTANCES SHOWN ALONG THE BOUNDARY OF THE SUBJECT PROPERTY ARE RECORD AND/OR MEASURED UNLESS OTHERWISE STATED. 8. SHOWN HEREON ARE COMMENTS TO ALL THOSE EXCEPTIONS CONTAINED IN SCHEDULE B-11 OF THE COMMITMENT REFERENCED IN THE NOTES REGARDING EXCEPIONS PER SCHEDULE B-II"AND TO THE EXTENT THAT THEY CAN BE PLOTTED, ARE SHOWN HEREON. 9. THE ELEVATIONS SHOWN HEREON REFER TO NATIONAL GEODETIC VERTICAL DATUM OF 1929 (TUG. RD. 2. AND ARE EXPRESSED IN FEET. 10 UNLESS OTHERWISE STATED, THIS FIRM DOES NOT CERTIFY TO THE EXTENT TO WHICH THE SUBJECT PROPERTY COMPLIES W M APPLICABLE ZONING REOUI'REMENFS, REGULATIONS AND/OR RESTRICTIONS TT THE REVIEW AND EXAMINATION OF TITLE EXCEPTIONS. WHEN CONDUCTED BY THIS FIRM, HAS BEEN PERFORMED UNDER THE SUPERVISION OF A LICENSED LAND SURVEYOR AND MAPPER, THE ATTESTING LAND SURVEYOR AND MAPPER IS NEITHER TRAINED NOR LICENSED TO PROVIDE LEGAL ANALYSIS. 1NTERPREIAEON OR CONCLUSIONS ABOUT THE DOCUMENTS AND INSTRUMENTS REFERENCED IN ANY SUCH TITLE EXCEPTIONS, 12 BENCHMARKS: a. CITY BENCHMARK 0160: LOCATOR 1. GRAND AVE--B NORTH OF CENTER LINE; LOCATOR 2. SW. 3)N AVE--113' WEST OF CENTER LINE. ELEVATION=12.094' KCVO 1929 CERTIFY() TO: • 908 GROUP MANAGER MC SURVEYOR'S CERTIFICATION: AS PROPERTY S JRUE AND CORRECTIO THE BEST OE MY 0101.1tEDGE AND Mir; (o az )Nid ONBY IHE FLORIDA BOARD OF PROFESSIONAL SURVEY.- AND MAPPERS PURSUANI SGhWeBf e- SCCO.t[en, S * 4s iP.d. °I o[C. IHE SEA A., ON MS DOCUMENI, BY, Sco4 E,�%incru /61 emn STATE OE FLOOD., LEGELSCSCITIETKEIL LOT 5. REVISED PLAT OF PERGVAL AND SANFORD ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 140. OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. PARCEL 1: FROM THE SC CORNER OF THE NE 1/4 OF THE NE 1/4 OF SECTION 20. TOWNSHIP 54 SOUTH RANGE 41 EAST RUN WESTERLY ALONG THE SOU. LINE OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 20 FOR A DISTANCE OE 304.89 FEET THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE RUN NORTH PARALLEL TO THE WEST LINE OF LOT 5. OF REVISED PLAT PERGVAL & SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT ROOK 1, AT PACE 140. OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA FORA DISTANCE OF 144.76 FEEL, MORE OR LESS, TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY OF STATE ROAD NO. 5. ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 57, PAGE 65, OF THE PUBLIC RECORDS OF MAMI-DADE COMM FLORIDA; THENCE RUN SOUTHERLY AND WESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY OF ,ATE ROAD NO 5 TO THE 1MERSECEON WITH THE SOUTH LINE OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 20: THENCE RUN EAST ALONG THE SOU. LINE OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 20 TO THE POINT OF BEGINNING, PARCEL 2' LOTS 6 AND 7, LESS THE SOUTH 5.0 FEET OE REVISED PLAT PERGVAL & SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140 OF THE PUBLIC RECORDS OF M11AAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION OF LAND DESCRIBED HEREIN REFERRED TO IN THE ORDER OF APING AS RECORDED IN OFFICIAL RECORDS BOOK 30338, PAGE 943. OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, MORIDA la SMBER SUBD/V/SION T64-31r -rrowAVL. AWNS; (e4-zT) can STIRRUP y V<� FRP8 !'PM�S%EAoi a C? Dan 0-AT! POWSitAhti 61 FROW: Feow AVE. LOCATION SKETCH A PORTION OF NE 1/4 AND SE 1/4 SECTION 20-54S-41E CITY OF MIAMI MIANI-DADS CWMY, FLORIDA. 21E INEQ61 21/ OWNER NAME: 908 GROUP HOLDINGS MC 109 N. BRUSH STREET, STE 500 TAMPA. FL 33502 CARE OF. oX COLE rc le@908gmup.com PRE -DEVELOPMENT.: CURRENT NET PER LEGAL P RIV TO BE DEDICATED: R.O.W TO BE VACATED: OVERALL ZONING GROSS 700 86,078 12.330 18.408 fa,15a T5-0 .1,632 12.329 .13,961 .13,961 135.707 SO. FT (10.820 ACRES) 3250 SO. FT. .0.006 AGES) 34,659 SO, FT (+0107 ACRES) 140.366 SO FT (10.927 ACRES) SO.. FT CURRENT ZONING GROSS SO FT (TO BE VACATED BY PUT) SO. FT (0193 ACRES) FUTURE ZONING GROSS SO, FT. (0187ACRES) FUTURE ZONING NET SO. FT CURRENT ZONING CROSS SO FT (TO BE VACATED BY PUT) SO, FT. (0.321 ACRES) FUTURE ZONING GROSS SO, FT (0321 ACRES) FUTURE ZONING NET T6-8-0 .7,,997 S]. FT. 0413 ACRES) CURRENT/FUTURE ZONING GROSS T6-8-0 .7,,997 SD. FT. 0413 ACRES) CURRENT/FUTURE ZONING NET UNITES MIAMI-DADE WATER AND SEWER DEPARTMENT MIAMI-DADE COUNTY FLOOD CRITERIA.' 10.5' NG.V.D. 29 (NEW CRITERIA) FLOOD INSURANCE RATE MAP.' SEE SURVEYOR'S NOTE .5 FOR INFORMATION EXISTING ZONING T4-0 (GENERAL URBAN TRANSECT ZONE) T5-0 (GENERAL URBAN TRANSECT ZONE) T6-8-0 (URBAN CORE TRANSECT ZONE) EIGHT (8) STORIES MAXIMUM HEIGHT NOTES REGARDING SCHEDULE B-II OF AMERICAN LAND TIRE ASSOCIATION COMMITMENT UNDER FILE NUMBER 1062-6036I12, ISSUED BY FlRST AMERICAN TITLE INSURANCE COMPANY WITH A COMMITMENT EFFECTIVE LATE OF APRIL 22, 2022 AT 8.o00. 9. ResliNions, dedirotions, condGons, TeservaGons, easements and other mailers shown on the plot of, o recorded & Plot Book 1, Poge(s) 140, but deleting any covenant. condition or res!ricl'w indcalPg o preference. IdmitoSon w discrminalion based on roc& color, religion see handier. f d'd status or notional origin to the eetenl such coven... conditions or TesUicl'onr viable 42 USC 3604(c). 10 Terms and conditions of DedoroMn of ResI.Mons Commun. Redevelopment Area. Coconut Grove S'Le 19 recorded P Book 10758, Poge 2091, 11. Easement recorded P Book 12923, Page 1513. NOTES REGARDING SCHEDULE 8-11 OF AMERICAN !AND TITLE ASSOCATION COMMITMENT UNDER FILE NUMBER 1062-5701070, ISSUED BY FlRST AMER/CAN TITLE INSURANCE COMPANY WITH A COMMITMENT EFFECTIVE DATE OF MARCH 01, 2022 AT 8:OD. REWSION I DATED MARCH 24, 2022. 10 RESTRICTIONS DEDICATIONS. CONDITIONS. RESERVATIONS EASEMENTS AND OTHER MATTERS SHOWN ON THE PLAT OF REVISED PLAT OF PERGVAL & SANFORD SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE(S) 140, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE. LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS. CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C). M. PROVISIONS OF THE URBAN RENEWAL PLAT COCONUT GROVE AS RECORDED IN BOOK 10751, PAGE 348 12 EASEMENT RECORDED IN ROOK 12921. PAGE 2691. 13 TERMS AND CONDITIONS OF ANY EXISTING UNRECORDED (£ASE(S), AND ALL RIGHTS OF LLSSE£(S) AND ANY PARTIES CLAIMING THROUGH E LESSEES) UNDER THE LEASE.).14. ANY ADDITIONAL TAX YEAR TAXES RESULTING FROM THE LAX ASSESSOR CHALLENGING THE VALIDITY DE ANY REDUCTION IN THE ASSESSED VALUE OF THE LAND GRANTED BY THE VALUE ADJUSTMENT BOARD TREE TABLE TREE MO NAME CABBAGE PALM PALM CABLIAGEPALM MEEMPACM 4UtN PANDA IlArEPPLAA DATEFALM DAMPALM WOMAN'S TONGUE WOMAN'S TONGUE SPECIES 'moo. suebe,enii" .110/0 SO NOTE: THE TREE INFORMATION AS INDICATED ON THE 'TREE LIST" IS SUBJECT TO REVISION BY SUBSEOUEN SITE INSPECTION BY A CERTIFIED ARBORIST OR OTHER INDIVIDUAL WITH SIMILAR EXPERTISE GNAT 0 15 15 72 15 o as Ad-6237 up vc. w89ARCE( 194 (GR,B30Ji8, P6,943) H8770101- 108.66' LOT 12 T LOT 10 R/W line as per FDOT R/W Map PB 154 Pg 29 DOUGLAS ROAD STATION VINTAGE (PB. 169, PG 33) .8=851'17•12t R-22601.25' S873010 LOT9 LOT8 REVISED PLAT OF PERCIVAL & 40108D (PB 1, PG 140) !av 'SB731'13'W 21259• J PCR ORB.3684 PG'2)f) jRT3�; z11„SO• - 5R731'131Y 2I2.46' T T This Survey has been electronically signed and sealed by Mark Steven Johnson, PSIA on the date noted hereon. 0.11 signatures rnust be verified on electronic copies. Printed copies are not considered signed and sealed, unless they include an additional raised embossed seal of the surveyor. REVISED PLAT OF PERCIVAL & SANFORD (P.P. 1, PC. 140) LOT 13 LOT 14 ONE LOT 15 FDOT PRY MAP PLATT (ZONE T6-8-0 2 PERCIVAL GARDENS (P.B, 106, PC. 34 ce.'r= 3750 City of Miami Department of Resilience and Public Works BASE BUILDING LINE ONLY MAS 47D SIMPER SUBDIVISION (BB. 64, PG 31) 10 Note :The BBL and the 25' comer radius on SW 37CT "proposed to be closed by this Tentative plat" do not apply once the R/ W is closed vacated and Approved Final plat is recorded. Dashed red line 2.5' within property along U.S. Highway No.! North Bound State State Road No. 5 is NOT BBL, a possible dedication by FDOT. SOIOH U7)1: NG 1/4: NE I/4,: ACCTION 32 IN,, 53(5), RGE 42B) REVISED PLAT OF PERCIVAL & SANFORD (P.B, 1, PC. 140) LOT 4 e — PERCIVAL & SANDFORD (P,B 1, PC, 140) LOT 15 LOT3 107 2 1 LOT 7 L ▪ 1 —6 PERCIVAL GARDENS (PR, 106. PC, 3) �!w c17 BOUNDARY SURVEY • 2 o, 2 • AJ-6237 NW F59 CORNER, THEAST THEAST 1/4: P54S GE41E RTVPTP V SUPPIVISIO _i GWOENSILI (10R5) � Y M ''CRCI SOUTHWEST CORNER NORTHEAST 1/4; SECT TWP54S RCE41E I„ FRowAP LOCA70N SKETCH Scalp 1,500r E 1/1 AND STI 1/1 OF THE N.C. 1/4 SECTION 10-54441E CITY OF VIM PTA( DESCRIPTION NORTHEAST CORNER NORTHEAST 1/4; NORTHEAST 1/4; SECTION 20 TWP54S RGE 41E LOTS 6 AND Z. LESS THE SOUTH 50 FEET OF REVISED PLAT P£RCIVAL SANFORD SUBDIVISION, IT 70 RECORDED IN PLAT BOOK 11. PAGER HE 140 OF THE PUBLIC RECORDS OF MIAUI-MOE COUNTY, WON. SURVEYOR'S NOTES' m (P0.267 ARM. grzoormsp NO, IBS FA, HAS NOT ATICANICO 70 LOCATE T0074105A10/oR THE OTAuasSSH W ALONGTxrEw mPP aw HE SUBJECTRICAN PROPERTY raYTARE RBCORO /o. M< e1 ABARE SnRELSSEON RF Io NORTH 0,988 TREE TABLE Jell shlmooskl.certilledArborlat1052.1 1/1,11Is rounded.. to the nearest Inch x i:.wm.im.T....rsi he 1<ne.:..ap.,n. CERTIFIED TO; SURVEYORS CERTIFICATION RWC BY T'PFIO STATE BOARD Of pbE1waYy ..5RIPB111,O COPlIR Sdt eatenGQ'a`�-`� " wuctatea. THE SEAL ABB:VINO .1414 SOAAPS SOUTHEAST CORNER: NORTHEAST 1/4; NORTHEAST 1/4; SECTION 20 TWP.54S RCE 41E LOT 11 LOT 12 LOT 10 LOT 13 6-6 6-6 SOUTH LITC N£1/4; N6I/4.; 66666N 24 TWP. 54S, RCP 41E LOT 9 LOT 8 LOT 14 LOT 15 `FO J' LOT 7 Cm OF MAI ' BASE 9UIL0I 0 5PER (ORB2633, PG.19181 20 AVE 4rni' PERCIVAL GARDENS (Pa 106, PG 3) 03. NCH = 20 FEET CORNER. NE /4. PT" 1N20 WP 545 ll\- _PPE a1L SOUTH UNE,'IN£1544: NLI/4. SECTION V 'f 20, TWP_ 545. ROE 41E LOT 4 III LOT 15 III LOT 3 LOT 1 10' ALL EXISTING IMPROVEMENTS ON SITE ARE TO B£ REMOVED I ELEVATIONS SHOWN HEREON RELATE TO NORTH AMERICAN VERTICAL DATUM OF 1988 (NA VD 88) AND ARE EXPRESSED IN FEET I c '"a` 63-6237-ALP1 TRANSECT ZONE LINE ZONE T9-R PROPERTY LINE 104.46' SOJQG�Rvyf a 20 5.4 Site Plan - Level 1 KALE 06'>ld' DAY AVE SECONDARY FRONTAGE ZONE T5-O • • ZONE T6-8-O .13 PER 55C110.132 WO FOR PANN4 MAIERWLS. oLLPANN T F.UsEa 10 COMPLY V.I. L6RaM.1..bH.. LNEL, wLLO. MOO. LW' COMM 035 MIMED GUY CON°. OtO LT 005 MnMFHreV AT6Pw1 COnW OttCOVER DER. MERCROUND. MR DECK U'r'NIER 9ACE3OrUNDEE' EXISTING 8 STORY BUILDING TRANSECT ZONE LINE EXISTING 5 STORY GARAGE ZONE T5-O I FENCE NM Maneuver - IN SCALE. I'>30 0 413111 The Nine @ Miami 3850 5 Dixie Hwy Miami, FI Client: 908 Group J seal Digitally signed by Robert K aaberc K Mansette Morisette Dale'. 2023.08.03 16'.16'. 52-04'00' 2 Waiver Submittal 2van22 auaen3 4 Waiver Res... 42 asnv23 5 Waiver Res... 43 aeLav23 drawing data LEVEL 1 project number Projectlt21274 drawn by LMS proj. manager: LMS drawing scale: drawing date As indicated phase 05/01/2 WAIVER RESUBMITTAL sheet number: A101 NW Elevation - S Dixie HWY SCALE>n6 Real g!.124'�- V 114' �" evell2 ll 0-16evel5' .0'� 9Ieve1510 V 56' Leve1-6 �" /� levees 2 South Elevation - Day Ave SCALE.1n6' -. Ct)C BUNNa6BTJND HT -ME 41 -E — I E ..— IIIIIMu 116518All IiiiisiI 1 11111II8 II 11111101i Illlllq 11U 0 IllII8l5IIII l01mU 11IIIIm1I 1111 111111111�l IIIIIIIIIIIIIIIIIIIIe".311Ks ZONE T5-O IIIIIII fll dti81856 II C PT-1 ) Re59al Dcrk rio /RAONG rWWfEX�N ZONE T9-O Reel Level � 124'-Grit Level l2 114' 105' of COLOR SCHEME n SYSTEM ELEVATION LEGEND ALUMINUM BATTENS SCREEN SYSTEM METAL MESH RAILING STUCCO REVEAL LINES STUCCO BANDS ALUMINUM AWNING DECORATIVE FRAMES SW7023 - INCREDIBLE WHITE PT 3 SW7066 GRAY MATTERS 411121111, The Nine @ Miami 3850 5 Dixie Hwy Miami, FI Client: 908 Group seal Digitally signed by Robert K Raberc K Manse. Dale'. Mo6sette 2023.08.03 16'.16'.49-04'00' aa/25/22 2 Waiver Submittal 1a/al/22 02/03/23 05/19/23 03/04/23 drawing data ELEVATION project number Projectlt21274 drawn by: proj. manager: drawing scale, drawing date As indicated phase 05/01/2 WAIVER RESUBMITTAL sheet number: A201 LULLLE I IL r'rul LLL __ rr r r r[r- r[r rrr (-PT-2-) 15. DV .I.,ER C PT-3-) Reel Dcrk- - Level. I Leve165 i 43'-" as Level" -2 Level2 0esl Novo West Elevation LE Ne-. IMF ZONE T6-8-O aw MUER 2,1/ 0t-19 el -. Reel Dcrk � of � Level. 4 East Elevation IF II NI alLs11 LI ZONE T5-O PT-i LEELE 1 1 M. _ r� 1©❑ 0 0 0 ❑ nl� 0 �� ❑ CJ © 0 p 1 1 1E1 [] E❑ 0 i Liu I 1111111, 1 ZONE T9-O ZONE T6-8-O o �a MN SHWA. NAT, COLOR SCHEME ELEVATION LEGEND ALUMINUM BAUENS SCREEN SYSTEM METAL MESH RAILING STUCCO REVEAL LINES STUCCO BANDS ALUMINUM AWNING DECORATWE FRAMES SW7028 - INCREDIBLE WHITE SW7066 - GRAY MATTERS NOTICE PZ-25-19370 5/7/2025 The Nine @ Miami 3850 5 Dixie Hwy Miami, FI Client: 908 Group J seal 019dellyslgned by Robed K Hobert Mori.:.e e e e"'we De,e 2023.05.19 11.17:94-94'99' 02/2s/22 2 Waiver Submittal 10/07/27 a2/aa/23 4 Waiver Resubmit. 3,2 as/c9/23 drawing data ELEVATION project number drawn by LMS Projectlt21274 proj. manager: LMS drawing scale: drawing date As indicated phase 05/01/2 WAIVER RESUBMITTAL sheet number: A202 ACKNOWLEDGEMENT BY APPLICANT The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. 2. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62-of the City Code (Code). 3. Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6 Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Acknowledgment by Applicant Updated 08.13.2020 Page 1 of 4 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. Ethan B. Wasserman, Esq. Applicant(s) Name Printed Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ®physical presence or 0 online notarization, this N-St , 20 :2.5. by Ethan B. Wasserman, Esq. (name of person acknowledging), who is personally known to me or who has produced identification. [Notary Seal] MARIA JOSE LOPEZ •;. Notary Public - State of Florida Commission # NH 619345 My Comm. Expires Jan 14, 2029 as Name typed, printed or stamped My Commission Expires: \Gt.. VA > STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this , 20 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a State of Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal] Acknowledgment by Applicant Updated 08.13.2020 Page 2 of 4 Notary Public Name typed, printed or stamped My Commission Expires: Note: Annual Registration Expires on 12/31/2024 CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK. THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up to date. (1) Lobbyist Name: Wasserman, Ethan, B. (Last Name, First Name, Middle Initial) Business Phone: 305-579-0784 Email: wassermane@gtlaw.com Business Address (include Zip Code): Greenberg Traurig, P.A. 333 SE 2nd Avenue, 41st Floor, Miami, FL 33131 (2) Principal Represented: 908 Group Holdings LLC (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 109 N Brush Street, Ste. 500, Tampa FL 33602 (3) Are you the Principal of the corporation, partnership, trust, etc.? YES NO ✓ (vou 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 tenn "principal" also includes the person, finn, 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". Please see exhibit "A" r1 -3 I . F ir9 W i,y _q- (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 Registi i'tion",and the year that you are registering for (ex: Annual Registration 2024). Zoning and Land Use Entitlement. 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. 12/2023) (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 Miami City Code, as amended, and Miami -Dade County Code Section 2-11.1(s). STATE OF Florida COUNTY OF Miami -Dade Signature of Lobbyist:' f � f� Sworn to (or affirmed) and subscribed before me by means of 7 physical presence or ❑online notarizatldi'1; this.' -'day Personally Known• , by Ethan B. Wasserman OR Produced Identification: (Name of person making statement) Maria Jose Lopez Type of Identification Produced: Name of Notary Typed, Printed or Stamped .alL1m4a. A JOSS LC%='_ • . • notary c iic • Stara cf:;c.rcz // Commission = HH 081354 "QF' My Comm. Expires Jen H. 2025 FOR OFFICE USE ONLY: Check # Receipt # CM-LRF (Rev. 12/2023) Page 2 of 2 Exhibit A 908 Group Holdings, LLC- Ownership Structure 50%- Justin J. Wilson 1105 Marquina De Avila Tampa, FL 33613 50%- Alexander M. English 5816 Bayshore Boulevard Tampa, FL 33611 AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ethan B. Wasserman, Esq. who being by me first deposes and says: Contract Purchaser and Applicant 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, Elincluding or ❑not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: Greenberg Traurig, P.A. c/o Ethan B. Wasserman or Ryan Bailine 333 SE 2nd Avenue, 4400, Miami FL 33131 Further Affiant sayeth not. Ethan B. Wasserman, Esq. Applicant(s) Name Printed Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this .•_`6 day of \ 20 25 by Ethan B. Wasserman who is a(n) individual/partner/agent/corporation of Greenberg Traurig, P.A. a(n) individual/partnership/corporation. He/She is i ersonally known to me or ❑who has produced _ as identification and who 0 did l did not take an oath. (Stamp) MARIA JOSE LOPEZ Notary Public - State of Florida Commission # HH 619345 My Comm. Expires Jan 14, 2029 Rev. 10-18 City of Miami Payments 4/30/25, 10:02AM Success. Confirmation #175368156 An email confirmation has been sent to bwolfe©908group.com PAYMENT METHOD EAM **** **** **** EX CONTACT INFORMATION Brad Wolfe TRANSACTION ID 1183450 Processing Fees Total: OPTION AMOUNT Balance Due $2,750.00 $0.00 $2,750.00 https://www.paydici.com/city-of-miami-fl/orders/709147955/print_receipt Page 1 of 1