33
WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. MITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY. INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TEI_EPHONE 305-854-0800 FACSIMILE 305-854-2323 WW'W.WSH-LAW.COM BROWARD OFFICE ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSHUA D. KRUT MATTHEW H. MANDEL 200 EAST BROWARD BOULEVARD· SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 FACSIMILE 954-764-7770 ALEXANDER L. PALENZUELA-MAURI ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN LAURA K. WENDELL VIA HAND DELIVERY Mr. Anel Rodriguez Department of Hearing Boards City of Miami 444 SW 2 nd Avenue Miami, FL 33130 "OF COUNSEL January 20,2012 Re: Public Hearing Application Dear Mr. Rodriguez: ADRIAN J. ALVAREZ LILLIAN M. ARANGO SARA E. AULISIO BROOKE P. DOLARA RAQUEL ELEJABARRIETA CHAD S. FRIEDMAN OLIVER GILBERT" ERIC P. HOCKMAN HARLENE SILVERN KENNEDY" KAREN LIEBERMAN" JOHANNA M. LUNDGREN ALEIDA MARTINEZ MOLINA" KATHRYN M. MEHAFFEY MATTHEW PEARL TIMOTHY M. RAVICH" AMY J. SANTIAGO DANIEL A. SEIGEL GAIL D. SEROTA" JONATHAN C. SHAM RES ESTRELLITA S. SIBILA ALISON F. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON MICHELLE D. VOS PETER D. WALDMAN" JAMES E. WHITE SAMUEL I. ZESKIND ·iJ , .. ;'" Our firm represents Windsor Investment Holdings, LLC, a Florida limited liability company (owner) and Miami River Village, LLC, a Florida limited liability company (contract purchaser) (collectively the "Applicant") in connection with the rezoning of the properties located at 650 NW 8 Street, 570 NW 8 Street, and 566 NW 8 Street, and legally described in the attached Exhibit "A" (collectively, the "Property"). The Propeliy is designated Restricted Commercial in the Miami Comprehensive Neighborhood Plan and is zoned T6-8 0 & T5-0 under Miami 21. The Property is comprised of the entire city block bounded by NW 7 Avenue on the west, NW 7 Street on the south, NW 8 Street to the north, and NW 6 Avenue to the east and two additional parcels on NW 8 Street just east ofN\V 6 Avenue. The Property is an urban infill development site and is located within the Culmer Station Transit Oriented Development Pedestrian shed allowing for easy access to public transit and transportation connectivity. The Property is serviced by existing infrastructure including water, sewer, roads and other utilities.

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Page 1: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

WEISS SEROTA HELFMAN

PASTORIZA COLE & BONISKE, P.L. MITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A.

DANIEL L. ABBOTT GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO

ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY.

INCLUDING PROFESSIONAL ASSOCIATIONS

MIAMI-DADE OFFICE

2525 PONCE DE LEON BOULEVARD

SUITE 700

CORAL GABLES, FLORIDA 33134

TEI_EPHONE 305-854-0800

FACSIMILE 305-854-2323

WW'W.WSH-LAW.COM

BROWARD OFFICE ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSHUA D. KRUT MATTHEW H. MANDEL

200 EAST BROWARD BOULEVARD· SUITE 1900

FORT LAUDERDALE, FLORIDA 33301

TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770

ALEXANDER L. PALENZUELA-MAURI ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN LAURA K. WENDELL

VIA HAND DELIVERY

Mr. Anel Rodriguez Department of Hearing Boards City of Miami 444 SW 2nd Avenue Miami, FL 33130

"OF COUNSEL

January 20,2012

Re: Public Hearing Application

Dear Mr. Rodriguez:

ADRIAN J. ALVAREZ LILLIAN M. ARANGO SARA E. AULISIO BROOKE P. DOLARA RAQUEL ELEJABARRIETA CHAD S. FRIEDMAN OLIVER GILBERT" ERIC P. HOCKMAN HARLENE SILVERN KENNEDY" KAREN LIEBERMAN" JOHANNA M. LUNDGREN ALEIDA MARTINEZ MOLINA" KATHRYN M. MEHAFFEY MATTHEW PEARL TIMOTHY M. RAVICH" AMY J. SANTIAGO DANIEL A. SEIGEL GAIL D. SEROTA" JONATHAN C. SHAM RES ESTRELLITA S. SIBILA ALISON F. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON MICHELLE D. VOS PETER D. WALDMAN" JAMES E. WHITE SAMUEL I. ZESKIND

·iJ ~ ~.<:

, .. ;'"

Our firm represents Windsor Investment Holdings, LLC, a Florida limited liability company (owner) and Miami River Village, LLC, a Florida limited liability company (contract purchaser) (collectively the "Applicant") in connection with the rezoning of the properties located at 650 NW 8 Street, 570 NW 8 Street, and 566 NW 8 Street, and legally described in the attached Exhibit "A" (collectively, the "Property"). The Propeliy is designated Restricted Commercial in the Miami Comprehensive Neighborhood Plan and is zoned T6-8 0 & T5-0 under Miami 21. The Property is comprised of the entire city block bounded by NW 7 Avenue on the west, NW 7 Street on the south, NW 8 Street to the north, and NW 6 Avenue to the east and two additional parcels on NW 8 Street just east ofN\V 6 Avenue. The Property is an urban infill development site and is located within the Culmer Station Transit Oriented Development Pedestrian shed allowing for easy access to public transit and transportation connectivity. The Property is serviced by existing infrastructure including water, sewer, roads and other utilities.

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Mr. Ane! Rodriguez January 20, 2012 Page 2

The Applicant is seeking an amendment to the Miami 21 Zoning Atlas from T6-8 0 & TS-O to T6-12 0 and T6-8 0 in order to develop a multifamily housing development at the Property. The purpose of the rezoning is to accommodate transitions in height within the development so as to create a transition in scale that is compatible with the neighborhood. The rezoning request meets the criteria set forth in Sec. 7.1.2.8(c) (1) as the request involves a property greater than 40,000 square feet and more than two hundred (200) foot of street frontage. More specifically, the Property is approximately 193,600 square feet and has 711 feet of frontage along NW 8 Street. In addition, the change we are seeking meets the successional zone change requirement set forth in Sec. 7.1.2.8(a)(3), be it a rezoning to the next higher transect zone.

The Miami 21 Code is intended to advance the interests of both conservation and development while responding to the existing conditions of the City, its regional context, and its natural features, infrastructure and buildings. The existing conditions in the general area provide for a variety of housing types, marine industrial uses along the Miami River and,' retail opportunities. The change we seek furthers the intent and purpose of the Miami 21 Cod~., Please refer to the enclosed map series depicting the properties within 0.5 miles of the)'Property including aerial, Future Land Use Plan map and Miami 21 Zoning Atlas. ,<~

For the reasons stated herein, we believe that the zoning change is justified and we kindly request your favorable recommendation and approval of this request. Thank you for your consideration of this matter. Please call me if you have any questions or require additional information.

GP/ms

Gilberto Pastoriza

WEISS SEROTA HELFMAN

PASTORIZA COLE & BONISKE, P.L.

Page 3: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

Mr. Anel Rodriguez January 20, 2012 Page 3

Miami 21 Future Land Use Map Properties Within 0.5 Miles

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Mr. Anel Rodriguez January 20, 2012 Page 4

Miami 21 Zoning Map Properties Within 0.5 Miles

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Mr. Anel Rodriguez January 20, 2012 Page 5

Aerial Map Properties Within 0.5 Miles

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This instrument was prepared by and after recording return to: Name: Gilberto Pastoriza, Esq. Address: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., #700 Coral Gables, Florida 33134 Tel. (305)854-0800

(Space reserved for Clerk) ___________________________________________________________________________

DECLARATION OF RESTRICTIONS

WHEREAS, the undersigned Owner holds the fee simple title to the land in Miami-

Dade County, Florida, described in Exhibit "A," attached hereto, and hereinafter called

the "Property," and

IN ORDER TO ASSURE the City that the representations made by the Owner during consideration of a change of zoning from T6-8-O “Urban Core Transect Zone” to T6-12-O “Urban Core Transect Zone” for the property referred to as the “City Block Property”, see Exhibit “A” and from T5-O “Urban Center Transect Zone” to T6-8-O “Urban Core Transect Zone” for the property referred to as the “Outparcel Property”, see Exhibit “A” by the City of Miami Planning, Zoning and Appeals Boards under Application No. PZAB-3 (the “Rezoning Application) will be abided by the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: (1) Owner is hereby withdrawing that portion of the Rezoning Application covering

the Out Parcel Property. (2) Notwithstanding the rezoning of the City Block Property to T6-12-O “Urban Core

Transect Zone”, Owner agrees that any buildings or portions thereof located within the western most 70 feet of the City Block Property shall be limited to a height of 8 stories.

(3) As part of the rezoning, prior to the issuance of a building permit for the

proposed mixed use development in the City Block Property, Owner agrees to contribute, deed, grant and donate in fee simple to the City of Miami the Outparcel Property for any of the purposes outlined in Section 3.14 “Public Benefits Program” of Miami 21.

(4) Except as provided for in (2) above, all buildings within the City Block Property

shall be limited to a height of 17 stories. City Inspection. . As further part of this Declaration, it is hereby understood and

agreed that any official inspector of the City of Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with.

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Declaration of Restrictions Page 2

Covenant Running with the Land. This Deciaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, within thirty (30) days of acceptance by the City of Miami in the public records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit 01. and limitation upon, all present and future owners of the real property and for the benefit of Miami-Dade County and the public welfare. Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Deciaration does not in any way obligate or provide a limitation on the City of Miami.

Term, This Deciaration is to run with the land and shall be binding on all parties and all persons ciaiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Deciaration has first been modified or released by the City of Miami.

Modification. Amendment, Release. This Deciaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, inciuding joinders of all mortgagees, if any, provided that the same is also approved by the City of Miami Commission, after public hearing. Any modification, amendment or release shall be in a form acceptable to the City Attorney.

Should this Deciaration of Restrictions be so modified, amended or released, the Director of the City of Miami Department of Planning and Zoning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release.

Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this deciaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Attorneys fees may not be awarded against the City of Miami under this Section.

Authorization for City of Miami to Withhold Permits and Inspections. In the event the terms of this Deciaration are not being complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this deciaration is complied with.

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Declaration of Resfrlcfions Page 3

Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumUlative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges.

Permissive Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspection and approval shall create a permissive presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. This presumption ' shall be classified as a rebuttable presumption under Florida Law.

Severability. Invalidation of anyone of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion

Recording. This Declaration shall be filed of record in the public records of Miami-Dade County. The City of Miami shall be furnished a recorded copy within 30 days of recordation and the owner must promptly furnished a certified copy of the recorded covenant to the City of Miaml Zoning Administrator at ~44 SW 2nd Avenue, Miami, FL 33130. Acceptance of Declaration. Acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, and the City Commissioners and/or any appropriate City Board retain its full power and authority to deny each such application in whole or in part and to decline to accept any conveyance.

Owner. The term Owner shall include the Owner, and its heirs, successors and assigns.

Executed on this Lf1\ day Of...!.~-'-I~r'-/'-"·Y=--____ ' 2012.

WITNESSES: Windsor Investments Holdings, LLC (Owner)

BY:--:-:-_-I--'::::;;-.,...--.-;,.....,--, __ _ Pri n t N a me :--'a"'~f!!1' -",,'--"''-''L.!\....:b=---~ _~..:.'o....:U''-'V':....t:.=r~ Its: 'fiJI ()< h "--0 =W

Page 10: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

Declaration of Restrictions Page 4

STATE OF FLORIDA ) )SS

COUNTY OF MIAMI-DADE )

I hereby certify that on this L/~ay of A,/": I ~012, before me personally appeared )2.q1 Ml _ ~-G1:I _ as

lY\a~ , o~ndsor Investment Holdings, LLC, and on behalf ofthC(;mpany. ~he is personally known to me or has produced as identification.

2256001

NOT Y PUBLIC, STAT~ OF FlOR IA Prin ame: IgnacIo E. Aran Commission No.: E'~"aff= b Commission Expires: '2.... - 1 -2-0 1S-

'-"""'" ," ~VPIJ";" i'i ', /~\ Notary Public · Siale 01 Florida IGNACIO E. ARANGO

;.: :.~ My Comm. Expires Feb 1, 2015 \~~ ';"~i Commission" EE 60886

"·,.W,:,~,," Bonded Through Nalion!1 Notary Assn.

Page 11: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

Declaratian ot Restrictions Page 5

APPROVED AS TO FORM AND CORRECTNESS:

City Attorney Print Name: _________ _

Zoning Administrator Print Name: _________ _

Director of Pla nning Print Name: _ ________ _

Page 12: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

Declaration of Reslrlctions Page 6

Exhibit "A"

Lots 1 to 24, Block 50, of NORTH CITY OF MIAMI, according to the plat thereof. as recorded in Plat Book B, Page 41 , of the Public Records of Miami-Dade County, Florida . ("City Block Property")

Subject to right-of-way for Northwest 7th Avenue over the West 10 feet of Lots 12 and 13, Block 50, NORTH CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Publ ic Records of Miami­Dade County, Florida.

The North 100 feet of Lots 9 & la, Block 49 of NORTH CITY OF MIAM, according to the Plat thereof. as recorded in Plat Book B, Page 41, of the Public Records of Miami­Dade County, Florida. ("Outparcel Property" )

Page 13: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

This instrument prepared by and after recording return to: Gilberto Pastoriza, Esq. Weiss Serota Helfinan Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134

DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE

KNOW ALL PERSONS BY THESE PRESENTS: That Windsor Investment Holdings, LLC, a Florida limited liability company ("Owner") hereby makes, declares and imposes on the land legally described on Exhibit "A" attached hereto (the "Property") the covenants running with the title to the land set forth herein, which shall be binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees and against all persons claiming by, through or under them.

WHEREAS, Owner holds fee simple title to the Property; and

. WHEREAS, Owner may wish to convey portions of the Property from time to time and this instrument is executed in order to assure that the phased development of the Property with future ownership will not violate any subdivision or zoning requirements of the City of Miami;

NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owner hereby agrees as follows:

1. In the event of multiple ownership ofthe Property or portions thereof, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the tenns, provisions and conditions of this instrument; and Owner will not convey portions of the Property to such other parties unless and until Owner and such other parties shall have executed and mutually delivered in recordable form an instrument to be known as a "Declaration of Restrictions and Reciprocal Easement Agreement' which shall contain, among other things, the following: .

(a) Easements in the common area of each parcel for ingress to and egress from the other parcels.

(b) Easements in the common area of each parcel for the passage and parking of vehicles.

(c) Easements in the common area of each parcel for the passage and accommodation of pedestrians.

Page 14: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

(d) Easements for access roads across the common area of each parcel to public and private roadways.

(e) Easements for the installation, use, operation, maintenance, repair, replacement, relocation or removal of utility facilities in appropriate areas in each such parcel.

(f) Easements on each parcel for construction of buildings and improvements in favor of each other parcel.

(g) Easements upon each parcel in favor of each adjoining parcel for the installation, use" maintenance, repair, replacement and removal of common construction improvements such as footing, supports and foundations.

(h) Easements on each parcel for attachment of building.

(i) Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like.

G) Appropriate reservation of rights to grant easements to utility companies.

(k) Appropriate reservation of rights to road rights-of-way and curb cuts.

(1) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads.

(m) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.

These instruments or portions may be waived if approved by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees, if the provisions are inapplicable to the Property. In addition, the instruments shall contain such other provisions with respect to the operation, maintenance and development of the Property as the parties may agree. Such provision may be modified or amended by such parties (or the applicable association governing such parties) without approval or joinder by the directors, or their designees, if it will be constructed, conveyed and operation in accordance with an approved site plan. The multiple owners may, by mutual agreement, allocate among themselves and the parcels owned by them, setbacks, parking, open space, floor area and similar governmental requirements, and these allocations shall be honored in connection with requests for future site plan changes.

2

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2. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami-Dade County, Florida, after which time it shall be extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subject property over which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications, amendments, or releases, joinder is required by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees to execute the instrument of amendment, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the property for the purposes herein intended.

3. The provisions of this instrument may be amended, modified, or released by a written instrument executed by the then owners of the Property, provided same is also approved by the City Attorney. Should this instrument be so amended, modified or released, the directors of pubic works, community planning and revitalization and building and zoning of the City of Miami, or their respective designees or successors, shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release.

4. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants. The prevailing party in any action or suit pertaining to or arising out of this Declaration of Restrictive Covenants in Lieu of Unity of Title shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both.

5. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect.

6.. This Declaration of Restrictive Covenants in Lieu of Unity of Title shall be recorded in the Public Records of Miami-Dade County, Florida, at the Owner's expense.

7. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it.

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IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the day and date first above written.

WITNESSES:

Print Name: ________ _

Print Name: ---------

STATE OF FLORIDA )

SS: COUNTY OF MIAMI DADE )

WINDSOR INVESTMENT HOLDINGS, LLC, a Florida limited liability company

By: ____________ _ Print Name:, __________ _ Its:, ______________ _

The foregoing instrument was acknowledged before me this __ day of ____ _ by as of Windsor Investment Holdings, LLC, a Florida limited liability company, in the capacity afore stated; such person is (check one) [ ] personally known to me or [ ] has produced as identification.

2256001

4

NOTARY PUBLIC

PRINT NAME My commission expires: (Seal)

Page 17: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

APPROVED AS TO FORM AND CORRECTNESS:

Julie Bru City Attorney

Barnaby Min Zoning Administrator

Mariano Fernandez Building Official

Francisco Garcia Planning Director

Nzeribe Ihekwaba Public Works Director

5

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LICATION

cation is intended to serve as a guide in assisting you I free to contact us, should you have any questions.

ust be typed and signed in black ink. All pertinent and on; i.e., the plans, reports, exhibits, shall be presented at the

e paid receipt. The applicant is responsible for the accuracy of the information n the application and all supporting materials. Should you wish, you could bring the materials to our office for review before the deadline to ensure completeness.

You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8%x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission.

ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COpy OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.

Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose.

Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.

Rev. 06-2011

CIT y o-F~M-rA1Y1 I HEARING BOARDS

Ph: 305-416-2030 444 SW 2nd Ave 7m Floor Miami, FL 33130

www.miamigov.com/hearin~boards 2

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LICATION

the Miami 21 Code for Rezoning information.

) 650 NW 8 ST (01-0105-000-1050), 570 NW 8 ST

5. Pe 2 (g), an analysis of the properties within a one-half mile radius of the subJeGt~15tQE~!~~:1rrc mg aerial photo of the site as to why the present zoning designation is inappropriate proposed zoning designation is appropriate.

6. One (1) original, two (2) 11 x17" copies and one (1) 8%x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application.

7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey.

8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description.

9. At least two photographs showing the entire property showing land and improvements.

10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.

11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner-and contract purchasers, if applicable-of the subject property.

12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation

authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old.

13. Certified list of owners of real estate within 500 feet of the subject property.

14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit.

15. Original Public School Concurrency Management System Entered Requirements form.

16. The subject property(ies) cannot have any open code enforcement/lien violations.

============================~~==C~~-Y-O~--~~I~A=. M~I=;~==============================~ HEARING BOARDS

Rev. 06-2011

Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130

www.rniamigov.com/hearmg...boards 3

Page 21: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

LICATION

4.44

of proposed use? Multifamily residential

a historic site, historic district or archeological zone,( rtl'Y'idJ"it' on the 3rd Floor for information. NO

~~------------

an Environmental Preservation District? Please contact the for information. __ ----'N...:...O=--____________________ _

Section 62-156 of the Miami City Code*:

Change of zoning classification to: a. CS, T3-R, T3-L, T3-0, per square foot of net lot area Minimum

b. T4-R, T4-L, T4-0, T5-R, T5-L, T5-0, T6-R, T6-L, CI, per square foot of net lot area

Minimum

c; T6-8 0, T6-12 0, T6-24 0, 01, 02, 03, per square foot of net lot area Minimum

d. T6-36 0, T6-48 0, T6-60 0, T6-80, CI-HD, per square foot of net lot area Minimum

Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice

$ .15 $ 635.00

$ .20 $ 750.00

$ .25 $ 900.00

$ .30 $ 1,000.00

$ 3.50

n e 12719, all planning and zoning fees in excess of $25, 000. 00, shall be paid in checkrCashier's check, or money order.

Signature Address 2525 Ponce de Leon Blvd, #700

Name Coral Gables, FI 33134

Telephone (305) 854-0800 E-mail [email protected]

STATE OF FLORIDA -- COUNTY OF MIAMI-DADE -::::---

The foregOing was acknowledged before me this n day of ~VV'''-''''.J--''' 2012, by Estrellita Sibila who is an agent of Windsor Investment Holdin s LLC Village, LLC. She is'personally knowl=l.to me or who has produced _________________ _ identification and who did (did not) take an oath. "-

~.~ Signature ~ (Stamp)

!:l'\~V.~~",1;o MARILYN SOMODEVILlA

===============================~~~C~T~T~Y~O~F~M~~~~~~ ~~'_~M~OOMlliS~SIO~N~#~EE~11N6ro~2==============~_ H EAR I N G BOA R D -EXPIRES:-Seplember 13, 2015 Ph: 305-416-2030 "~OFF~O~<l'" Bonded Thru Budget Notal)' Services

Rev. 06-2011 444 SW 2nd Ave 7m Floor :Miami, FL 33130

www.miamigov.com/hearing...boards 4

Page 22: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

·V ! I

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111111111111111111111111111111111111111111111'

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CFN 2010R0736766 OR Bk 27472 Ps 2653' (ips)

RECORDED 1012912010 12:02:10 DEED OOC TAX 3,600.60 ' SURTAX 2r700.45 HARVEY RUVIN, CLERK DF COURT Hr~HI-OAOE COUNTY, FLORIDA LAST PAGE I

LEHMAN BROTHERS HOLDINGS INC Plaintiff(s) I Petitioner(s),

GENERAL JURISDICTION DIVISION

Case No: 08005402CA01 10

VS.

URBAN RIVER PARTNE~S LLC t et al. Defendant(s) / Respondents(s)

Section: , Doc Stamps:

Surtax: $3,600.60 $2,700.45, $600,100.00 Consideration:

CERTIFICATE OF TITLE

The undersigned clerk of the cou~ ~rtifies that a Certificate of Sale was executed and filed in this action on

October 13, 2010, for ~he property described herein and that no objections to the sale have been filed within the

time allowed for filing objections. ,

The following property In Miami-Dade County, Florida:

was sold to:

Lots 1 to 4, Block SO and. the North 100 feet of Lots 9 and 10, Block 9, of HNORTH CITY. OF MIAMr' according to the plat th reof as recorded in Plat Book B, Page 41, of the Public Re ords of Miami-Dade County, Florida. ,

I

Subject to iiht-of-way for Northwest 7th Avenue over the West 10 : feet of Lo s 12 and 13, B.ock SO, uNORTII CITY OF MIAMI" according the Plat thereof as recorded in Plat Book B, page 41, : of the Pub ic ,Records ofMiami-DadeCoun~YI Florida. I

ASSIGNEE: WINDSOR INVESTMENT HOLDINGS LLC

WJTNES~ my hand and the seal of this court on October 26, 2010.

Harvey Ruvin, Clerk of Courts

Miami·Dade County, Florida

-il----Rev.1"07512OO9

Book27472/Page2653 CFN#20100736766 Page 1 of 1

Page 23: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

AFFIDAVIT OF AUTHORITY TO ACT

~~fpre me ~ undersigned personally appeared 12..ol ..... lI\..P L) ~ \j-4l.J' , who being by me first deposes and says:

1. That he/she is the owner submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages.

2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, including responses to day to day staff inquires.

3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative.

4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct.

Further Affiant sayeth not. Windsor Investment Holdings, LLC, a Florida Limited liability company

Applicant(s) Signature

STATE OF FLORIDA -- COUNTY OF MIAMI-DADE

Ih.. J ~ol,--The fore~ing was acknowle~ged befo e me this ) ~ day of q /It v '\111 ~11-;Oy J~o ~ II'- " h.J wlio is a(n) individuallpartner/agent/corporation of Windsor Investment Holdings, LLC, a Florida limited liability company. cAj2£he is personally known to me or who has produced ___ _

as identification and who did (did not) take ath.

(Stamp) .... "w., IGNACIO E. ARANGO Signa~.J! ~~ ~. . rt~ , /~\ Notary Public - State of FlOrida

: • § My Comm. Expires Feb 1, 2015 -::.:-!, "#"<f Commission # EE 60886

, "':;~.9f,f,~~\\" 80nded Through National Notary Assn. ;..~ ..

Page 24: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

CERTIFIED COMPANY RESOLUTION

The undersigned hereby certifies that./2.01 c\'hJ. D"bJk~nager/Member of Windsor Investment Holdings, LLC, a Florida limited liability company (the "Company"), a limited liability company existing under the laws of the State of Florida, that the following is a true and correct copy of the resolutions adopted by its members at a meeting held on

fln ... / ~o I ~ , at the offices of the Company.

RESOLVED by the members of this Company that the Company consents to and joins in the filing with the City of Miami all applications for zoning approvals including a rezoning for the properties located at 650 NW 8 ST, 570 NW 8 ST, and 566 NW 8 ST;

FURTHER RESOLVED, that the Company authorizes Gilberto Pastoriza, Esq., Estrellita Sibila, Esq., and Tony Recio, Esq. of the law firm of Weiss Serota Helfman Pastoriza Cole & Boniske, PL. to act on its behalf and execute and deliver any and all applications, petitions and other documents pertaining to the applications for zoning approval, and to take any and all such actions consistent with obtaining approval of said applications that may be deemed necessary by the Company.

The adoption of said resolutions was in all aspects legal; and that said resolutions are in:-full force and e~t and have not been modified or rescinded. ."'~,

Dated this L day of January, 2012.

State of Florida

County of Miami-Dade

) ) )

Windsor Investment Holdings, LLC, a Florida limited liability company

()J;b; - ,

I HEREBY CERTIFY THAT on this day, beforE{ me, at:!... o~icer duly qualified to take acknowledgments, personally appeared 12-01 (An.-rl D ,;(HJ.S:P9/flAas Managing Member of Windsor Investment Holdings, LLC, a Florida limited liability company, to me personally known [ ] or produced identification in the form of _________ -:--_' and who executed the foregoing resolution and acknowledged before me that he executed the same for the purposes herein expressed.

WITNESS my hand and seal in the county and state last aforesaid, this I:> ~ of January, 2012.

========~-o~~-Signatuf'e of Notary Public

~ --• "11'1/,,, IGNACIO E. ARANGO ,

", f\Y Pu. ", 'd

0 m-N'''''i>,.u,--St"> .. -,,,n , ~. .. : • § My Comm. Expires Fell 1. 201 S-;OJ): ,@~l Commission # EE 60886 "~~ oq;,- I N I ' A • ""119r.f,~'\\' Bonded Through Naliona 9 ary, 55n. ' -- --

I I j

Page 25: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary.

Street A~reSS(es): ,Y1.L

Legal Description(s):

Windsor Investment Holdings, LLC, a Florida limited liability company

BY:~~ __ -=--__ Its: __ ~..<.....:....!~G:I.-~~"""';';~::'--' __ _ o

STATE OF FLORIDA -- COUNTY OF MIAMI-DADE

The foregoing wrs acknowle eq before m this 12"(\." day of J Ct It\uo...../l..L1 2012, by (::) &to V\ ,/ - wli'o is a(n) individuall~tg.er/agentlcorporation of Windsor Investment Holdings, LLC, a Florida limited liability company. ~he is personally known to me or who has produced as identification and who did (did not) take an oath. ~ Ad A ~

) ,\\\\W't~II' IGNACIO E. ARANGO -S-. ~q...-¥-~O~o::::.>.,..L:!:..---=-----=~

(Stamp /~"": :(t%. Notary Public. State of Florida Igna I re c------------~-~..!.!- -; ..!.E-MY_COmm_EXPi[eS~b_L20jJj_ .. -==========================================t­

~~i "ifI:.~·'(l-commISSion-#-EE-60886-r-"",,~r.:,'i\\\'\ Bonded Through National Notary Assn.

Page 26: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

Disclosure Of Interest Windsor Investment Holdings, LLC

Windsor Investment Holdings, LLC, a Florida limited liability company

50% - PTI Developments Florida, Inc. 100% Patrick Iaboni

28 TAHITI BEACH ISLAND ROAD CORAL GABLES FL 33143

50% - Roland & Lissette DiGasborro 28 TAHITI BEACH ISLAND ROAD CORAL GABLES FL 33143 US

Page 27: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

CERTIFIED COMPANY RESOLUTION

The undersigned hereby certifies thatBI'I.a...c S. ~A?fI~Manager/Member of Miami River Village, LLC, a Florida limited liability company (the "Company"), a limited liability company existing under the laws of the State of Florida, that the following is a true and correct cOPy of the resolutions adopted by its members at a meeting held on

'/17 !.?ol ~ , at the offices of the Company. I

RESOLVED by the members of this Company that the Company consents to and joins in the filing with the City of Miami all applications for zoning approvals including a rezoning for the properties located at 650 NW 8 ST, 570 NW 8 ST, and 566 NW 8 ST;

FURTHER RESOLVED, that the Company authorizes Gilberto Pastoriza, Esq., Estrellita Sibila, Esq., and Tony Recio, Esq. of the law firm of Weiss Serota Helfman Pastoriza Cole & Boniske, PL. to act on its behalf and execute and deliver any and all applications, petitions and other documents pertaining to the applications for zoning approval, and to take any and all such actions consistent with obtaining approval of said applications that may be deemed necessary by the Company.

The adoption of said resolutions was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded.

Dated this/?f4day of January, 2012.

State of Florida

County of Miami-Dade

) ) )

Miami River Village, LLC, a Florida limited liability company

I HEREBY CERTIFY THAT on this day, ~fore me, an officer duly qualified to take acknowledgments, personally appeared ',JJP.\A tJ 'S . CA-V'l""\ P ~ G.L(, as Managing Member of Miami River Village, LLC, a Florida Limited Liability Company, to me personally known [><1 or produced identification in the form of ___________ , and who executed the foregoing resolution and acknowledged before me that he executed the same for the purposes herein expressed.

WITNESS my hand and seal in the county and state last aforesaid, this rr day of January, 2012.

--MAAlAA-CANAlEs-­MY COMMISSION # EE 137227

Bon~/AES:November6 2015 Thru Notary Public Underwriters

Page 28: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

.:< .. : ""'" .;, ..... ; .. :,. ~ \1P\'L

{~i~ll'f~i~~;~~~~~; 0 F 0 W N E R S HIP )\ 3)\0

1!:~:::'/Li$t'th,tg;0i~:g:f,(~),,':igt", .... i'; .. ,,J~c prQP'~~Y,~h'd percentage of ownership. Note: The Miami City 'J ,Code !'reqtlIres disd~;s'ureo'fi~U;,pa~ies h~~J'Di9 a financial interest, either direct or indirect, with ':: .i, res'pec,t to,'i a,. pr~~~·rlt<;\tj'o8,'nf~q'Ues.tor p~Jition. Accordingly, disclosure of shareholders of '; )'. ¢orporatioh's;'; benefi8iarle~ bf trust's, .' and/or any other interested parties, together with their

" '>":! i: ,';, =! :/1:,:, i!.:: ::,!' .;,: J .;.:.: ,,;'

\/)a<;ldr~ss(~s) and prdp'ciri:ionate inter~.§ta.r~it~quired. Please supply additional lists, if necessary. ": /::'\ "" ":»""':' ':'.>. >:"'j ,·5'-"' ~(.'./ ./:;;;~;/

7

Subject Property Address(es) 650 NW 8 ST, 570 NW 8 ST, and 566 NW 8 ST

2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary.

Street Address(es):

n)A

Legal Description(s):

Miami River Village, LLC, a Florida limited liability company

A_S~~ By: ~t :5:. C.

Its: ==5 Lr-i%~ STATE OF FLORIDA -- COUNTY OF MIAMI-DADE

The foregoing was acknowledged before me this 1'1 day of l' cRl'\A..lQ c,--\

2012,by :BP-\(.\!'J ~ CAVl'\f\o--<.11 t"who is a(n) individuallpartner/a entlcor oration of Miami River Village, LLC, a Florida limited liability company. @'She i$ personally known to me r who has roduced as identification and w 0 I I no a e an oath.

(Stamp) , ••• ~f"'frr, MARIA A. c~s -'"'~ ;;.~ ~~ MY COMMISSION IIEE 137227 !

=====================:I~;- -EXPIRES:N(jQeml1er6~2015- ~:========================================:l-r~ Bonded Thru Notary Public Underwriters £ >"

Page 29: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

T6-8 0 to T6-12 0

Legal Description Exhibit" A"

Lots 1 to 24, Block 50, of "NORTH CITY OF MIAMI" according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami-Dade County, Florida.

Subject to the right-of-way for Northwest 7th Avenue over the West 10 feet of Lots 12 & 13, Block 50, "NORTH CITY OF MIAMI" according to the Plat thereof, as recorded in Plat Book B, Page 41 ofthe Public Records of Miami-Dade County, Florida.

and

T50 to T6-8 0

The North 100 feet of Lots 9 and 10, Block 49, of "NORTH CITY OF MIAMI" according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami-Dade County, Florida.

Page 30: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO

SUPPORT OR WITHHOLD OBJECTION

The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future.

Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form.

NAME: Estrellita S Sibila

(First Name) (Middle) (Last Name)

HOME ADDRESS: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.

(Address Line 1)

2525 Ponce de Leon Blvd., Suite 700 (Address Line 2)

CITY: Coral Gables STATE: Florida ZIP: 33134

HOME PHONE: (305) 854 - 0800 CELL PHONE: FAX: ( 3 05 ) 854 - 2 3 2 3

EMAIL: [email protected]

BUSSINESS or APPLICANT or ENTITY NAME Windsor Investment Holdings, LLC & Miami River Village, LLC

BUSINESS ADDRESS: c/o The Hart Law Firm, 255 Alhambra Circle, #850 (Address Line 1) Coral Gables, FL 33134

(Address Line 2)

1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee.

Rezoning of property located at 650 NW 8 Street, 570 NW 8 Street and 566 NW 9 Street

2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action?

[8] NO I

I------------I------f -- --Ifyouran-swel"-to-(2u-estinn~-is-N-o,dnll-ot-an-swerqu-estinn-s-J,4-&-S-pro-c-e-ed-toJ"e-a-d-an-d-exe-cute-th-e-,.t-ckn-owle-dgm-ent;-If-- I

DYES

your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Aclmowledgement.

Doc. No.:86543

Page 31: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed.

Name Address Phone#

a.

b.

c.

* Additional names can be placed on a separate page attached to this form.

4. Please describe the nature of the consideration.

5. Describe what is being requested in exchange for the consideration.

ACKNOWLEDGEMENT OF COMPLIANCE

I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur:

1. the application or order, as applicable, shall be deemed void without further force or effect; and

2. no application from any person or en it for the same issue shall be reviewed or considered by the applicable board(s) u I pi ration of a period of one year after the nullification of the application or order.

PERSON SUBMITTING DISCLOSURE: ------f-\f-----!::.------,-~=,,___----------

Sworn to and subscribed before me this d G instrument was acknowledged

STATE OF FLORIDA CITY OF MIAMI MY COMMISSION

I---EX~IRES:

Enclosure(s)

Doc. No.:86543

Estrellita S. Sibila Print Name

Page 2

Page 32: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

City of Miami Public School Concurrenc

Concurrency Management System Entered Requirements

Applicant Fields Information

Application Type Public Hearing

Application Sub-Type Sub-Type

Application Name * Wind~or Invclltmcnt Holdings,1.t.C, & Miumi Rh'cr Village, LtC % Estre]J(l Sihiln

Application Phone * 305-854-0800

Application Email * [email protected]

Application Address * 650 NW 8 ST, 570 NW 8 ST, and 566 NW 8 ST

Contact Fields Information

Contact Name * Estrella Sibila, Esq.

Contact Phone * 305-854-0800

Contact Email * [email protected] Local Govt. Name City of Miami

Local Govt. Phone 305-416-1400

Local Govt. Email GDGax@)ci.miami.tl.lls

Local Govt. App. Number (OFFICIAL USE ONLY)

Property Fields Information

Master Folio Number * 01-0105-000-1050; 01-0104-090-1130 & 01-0104-090-1110

Additional Folio Number

Total Acreage * 4.44 acres

Proposed Land Use/Zoning * T6-8

Single-Family Detached Units * 0

Single-Family Attached Units (Duplex) * 0

Multi-Family Units * 666 (646 permitted under current zoning)

Total # of Units * 666 Redevelopment Information (MUSPs) - Re-development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property Which does not have to be re-platted as deemed by the local government. The number of units to be input into the eMS is the net difference between the existing vested number of units and the newly proposed number of units.

Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the eMS (net difference between the 20 units vested less the newly proposed 4 units).

Required Fields for Application

~J}pl~ wnertttorne1pPlicant Name

STATE OF FLORIDA COUNTY OF MIAMI-DADE

* I -II I

~f;/~ ,-71 ttolt'ey/Applicant Signature

(-8tamp)----------------,

Page 33: WEISS SEROTA HELFMAN PASTORIZA COLE BONISKE, P.L

~ c;.-OEt."OTES CEHrERUNE If.-OENOTESIfCltUIEl'iTUHE

<1t)_O£NOTESItEASUlE

~~~E-C.B.-tlEHOTES CATOIIlASIH

~::i=~~~ _uorr

R/W-OEHOTESRICltTOF""'Y

~:~l~i~ ~TI~~§5~=~RES C.B.S."OIEHOT£S COHOlETE at.OCK STUCCO

FD.P.K _OEHOTU FOUHO P.K. HAlL

~:t::=:ar~ = :r;:",.1x~OO PIPE (00 1.0.)

S.S.M.H.ooOEXarES SANITARY SEWER MAtIHOlE FD./'I&o.-oEHOTESFOIJIWNAILAADDISC SET 14O.-0ENOTES SET NAILA.\'D one SETI,P.-OEtlOTESSErl/2"J:ROH PIPE WITH CAP NO. 2262 BS.aQJr;._OENOTESIIE1.L5ount8OJC

F.F. ELEV.-OEtlOTES FINISH Fl..OOII,ELEVAnOH

IIr"IL. ~::~=~ ~~~91EHT U,P,"OEHOTES UTILnY POLE

D.CUrb.-DEHOTESDlWPCl.R8

~--- -- -----------

I I I I I I

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11 10 I 9 8 I 7 6 S 4

I 3 I I I I

I PLA 71 OF MIAMIINORTH I I I (8-41) I I I I I I I +-----1----I I I I I I I I I 16 I 18 I I I I I I I I I I I I

SURVEYOR'S REPORT ON OLD REPUBLIC NA TlaNAL TTTLE INSURANCE COMPANY POLICY NO. SDC 825020 File No. 01662 50046 dated October 29, 2010. SCHEDULE B EXCEPTIONS:

!l!!!!J..!:!!E.

4.RlGHrSOFWAYASSlKJWNONSAlOPf.ATBOOKB.ATPAGE41,AAESHaWNONTHESUR1IEY. THEREARENDEASEUENTSSHCIIWCNSAJDFtAT.

7.COVENANTW OAB. ,031 PG.~APPtJES TO LOTS 2Z 23 & 2411 STATESTHATW4LLSAREGOINGlOBE WSTAU..E1J W FRONrOF SAID LOTS AND IN THE SlOEWALXA/iEAS. AIOSTOI'THEINS11UIMENr. CANNOTBE"REAO.

B.AGREEMENrW D.R.B. 4G34 PG. ,21 FOR BlDG ENCROACHMENT. SAJDBI.DG HASlJEENRaIOVED.

"JdEUORANOUAf OF AGREEMENT IN OAS. II1P~ PG. 3470 PARENTTRACTl.01S5THRfJ 12EXCEPr~ 10'01' LOT12ANDAU.OFl,OTf7.I..EASEAREASHOWNINSURVEY,

12. ORDER OF TAKING WO.R.S.24B"PG. 23111. PORTION OF LOT 13, Bl.OCK:;r;wWASTAHEHBYF.O.O.T.FORRlGHT~ WAYPURPOSESAS .sHCm1IONSURVEY.

AU.OFlHEABOVENAJ.IEDDOCU&lENTSARERECORDEDINTHEPU8UCRECORDSQC~COUNJY.

Fl.ORDA.

CERTIFIED TO: MIAMI RIVER VILLAGE, LLC THE HART LAW FIRM

I I I

I I I

CIA NT I I AsplWt ~ (~"dIOiaIintJi=)1

I I I I ---I----t-----+----

I I I I I I I I I I I I

19 20 m 21 I 22 I 23 III I I III I I 1111~1 I

~II r ..... "c ... ,. I I ~II ... ". I I III I I I I I

LEGAL D£SCRIPflOH: LOTS' 1024 BLOCK&JN AND THENORTH100FEErOFLOTSflANO 10DLOCK4~'1, OF"MJAMJNOR1W1'IXI)fWIN.G

TO THE PLAT THEREOF AS RECORDED W PLAT BOOK B PAGE 41, OFTHEPUDUC RECORDSOFt.UMfI.OADECOUNrY, FLORIDA. SU!lJE'CT TO RlGHT~WAYFOR NW. 7Ih AVENUE OVER THE WEST10FEErOl'LOTS 12& 13eLOCK5OI\I; OF • MlAAII NORTH" ACCORDWG TO 7HEPl.AT THEREOF AS RECORDEDIN PLAT BOOK B PAGE4f, OFWEPUBUC RECORDSOFMIA.W-OADECOUN1Y,FLOIUDA.

SURVEYOR'S NOTES AND REPORT: OWNERSHIP /S SU!lJECT TO 0PtNi0N0I'1JJI.E.

EXAMiNATIONOPTHEASSTRACTOF'TrTl.EWULHAVETOBEIMOETOOETElWINERECOROED/NSTlWAlENJS, IF ANY. AFFECTING THlSI'ROPERJY,

THERE IdA Y BE AODITIONALRESJRJCT/ONS 1HAT ARE NOT StIOImON THIS S4JRVEf1Hl\T MAYBEFOUNDIN THE PUBUC RECORDSOFTHlSCOUNrY.

BEARINGS SHoWN HEREON ARE REl,AllVETOAN ASSUMED Io'.ER/DWI/lLONG THF" CENTERUNEOF N.W. 81h STREEfWHICHISMlO 'OIlmw.

EXISTING UTIUTIESAND PORTION OFCONCRETE FENCE ENCROACHEStVStDENEWR/GHT.QF.WAYFORNW7thAVEN/JE AS SHOWN ONSURVEY.

OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY NOT VAUD MTHDUTTHE SlGNATIJRE AND lHEORIG/NAL RAJSED SEALOFA FLORIDA UCENSEl) SViZVEYQRNlDII4Pf'ER.

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