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File Ref #773 Alternative Portofino DRI- Annual Report C c c�krc G�cc� i1C14 7?3 Oc To AM /0, 2.0�! February 28, 2011 Mr. Jorge Gonzalez City Manager 1700 Convention Center Drive, 4t" Floor Miami Beach, Florida 33139 Re: Alternative Portofino DRI —Annual Report Dear Mr. Gonzalez: Pursuant to Condition 7.C.2 of the Alternative Portofino DRI Developmer*Or(Wr .-n (Miami Beach Ordinance No. 98-3121), enclosed please find the Annual Report < for the reporting period of March 1, 2010 through February 28, 2011. U' S Copies of this Annual Report have been furnished to all parties listed IFeIowQ Please call me with any questions. Thank you. n o -� Sincerely, Matt All for TRG Alaska I, Ltd. cc: Donna Harris, Department of Community Affairs MJ Matthews, CRI (formerly Javier Betancourt), South Florida Regional Planning Council Aileen Boucle, FDOT, District VI Tim Gray, DEP, Eco-system Management Ivan Rodriguez, Miami-Dade County Public Schools Robert Parcher, City of Miami Beach City Clerk Jose Smith, City of Miami Beach City Attorney Jorge Gomez, City of Miami Beach, Assistant City Manager Richard Lorber, Planning & Zoning Director Laura Gangemi, Greenberg Traurig FORM RPM-BSP-ANNUAL REPORT-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2470 Centerview Drive Tallahassee, Florida 32399 (904)488-4925 ANNUAL STATUS REPORT Reporting Period: March 1, 2010 — February 28, 2011 Development: Portofino Location: Miami Beach, Miami-Dade County Developer Name: TRG-Alaska I, Ltd. Address: 315 S. Biscayne Blvd Miami Beach, Florida 33131 1. Describe any changes made in the proposed plan of development, phasing, or in the representation contained in the Application for Development Approval since the Development of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. Note: If a response is to be more than one sentence, attach as Exhibit A is a detailed description of each change and copies of the modified site plan drawings. Exhibit A should also address the following additional items if applicable: a. Describe changes in the plan of development or phasing for the reporting year and for the subsequent years: b. State any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year: c. Attach a copy of any notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Paragraph 380.06(15)(f), F.S. RESPONSE: See attached Exhibit "A"-Notice of Adoption of Development Order. 2. Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopted a new Development of Regional Impact development order for the project? Provide a copy of the order adopted by the annexing local government. RESPONSE: No change. 3. Provide copies of any revised master plans, incremental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentences, attach as Exhibit B. RESPONSE: No change. 4. Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total of development proposed and actually conducted for the reporting year as well as a cumulative total of development proposed and actually conducted to date. Example: Number of dwelling units constructed, site improvements, lots sold, acres minded, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. RESPONSE: See attached Exhibit "C" — Development Summary. 5. Have any undeveloped tracts of land in the development (other than individual single-family lots) been sold to a separate entity or developer? If so, identify tracts, its size, and the buyer. Provide maps which show the tracts involved. Tract Buyer Note: If a response is to be more than one sentence, attach as Exhibit D. RESPONSE: See attached Exhibit"DIE" — Sale/Purchase (Exchange) of Land. 6. Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit E. RESPONSE: See attached Exhibit "D/E" — Sale/Purchase (Exchange) of Land. 7. List any substantial local, state and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response is to be more than one sentence, attach as Exhibit F. RESPONSE: See attached Exhibit "F" — Permit Information. 8. Provide a list specifying each Development Order Condition and each Developer commitment as contained in the ADA and state how and when each Condition or commitment has been complied with during the annual reporting period. Note: Attach as Exhibit G. RESPONSE: See attached Exhibit "G" — Development Order Conditions Compliance List. 9. Provide any information that is specifically required by the Development Order to be included in the annual report. RESPONSE: Not applicable. 10.Provide a statement certifying that all persons have been sent copies of the Annual Report in conformance with Subsection 380.06(15) and (18), F.S. RESPONSE: Pursuant to the Condition 7.C.2 of the Development Order, copies of this Annual Report are being furnished to the City of Miami Beach, South Florida Regional Planning Council, Dade County School Board, Office of Eco-System Management of the Department of Environmental Protection (WBP) and the Department of Community Affairs. Person(s) completing the questionnaire: Laura Gangemi GREENBERG TRAURIG, P.A. 333 Avenue of the Americas Miami, Florida 33131 And Matt Allen for Representing: TRG-Alaska I, Ltd. 315 S. Biscayne Blvd Miami, Florida 33131 List of Exhibits Exhibit "A" Notice of Adoption of Development Order Exhibit "B" Not Applicable Exhibit "C" Summary of Development Activity Exhibit "D/E" Sales/Purchase (Exchange) of Land Exhibit T" Permit Information for Reporting Period Exhibit "G" List of Development Order Conditions with Compliance Information for Reporting Period with the following attachment: Notice of Adoption of Development Order adopted July 28, 2004 and recorded in O.R. Book 22758 at Page 2571. Exhibit "A" See attached Notice of Adoption of Development Order i . I il�lll�tli�III�1 IlIII 11111 Ilill QIIII Illl Ili This instrument prepared by, or under the GFW 2004RO932961 supervision of OR Bk 2275E Pas 2571 - 25811 (11p3s) (and after recording, return to): RECORDED 10/22/2004 13:32:10 HARVEY RUVINr CLERK OF COURT Clifford A. Schulman, Esq. MIAMI-DADE COUNTYr FLORIDA Greenberg Traurig, P.A. i 1221 Brickell Avenue Miami, FL 33131 1 i i I � Reserved for Clerk of Courl i NOTICE OF ADOPTION OF DEVELOPMENT ORDER I FOR THE PORTOFINO DRI DEVELOPMENT OF REGIONAL IMPACT IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN in accordance with Section 380.06(15)(0, Florida Statutes, that the City of Miami Beach, by Ordinance No. 2004-3456, has adopted an amendment to the Development Order for the Portofino DRI Development of Regional Impact. 1. The legal description of the property included in the Portofino DRI E Development of Regional Impact and subject of the Development Order is j attached hereto and made a part of this Notice as Exhibit"A". f i 2. City of Miami Beach Ordinance No. 2004-3456 was adopted on July 28, 2004, and is attached hereto as Exhibit "B". As of the date of this Notice, there are no further modifications to the Development Order, 3. The Development Order constitutes a land development regulation applicable i to the Property. i i i t 4. The Development Order runs with the land and is binding on the applicant, its i successors and/or assigns,jointly or severally. i 1 I I I i Greenberg Traurig,PA \1 Book22758/Page2571 CFN#20040932961 Page 1 of 11 I i • I 1 I 5. The recordation of this Notice and of the Development Order shall not constitute a lien,- cloud or encumbrance on any real property or actual or constructive notice of the same. Clifford A. Schulman GREENBERG TRAURIG, P.A. I 1221 Brickell Avenue, 23rd Floor Miami, Florida 33131 i i I r STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) I The foregoing instrument was acknowledged before me thin-n day of October, 2004 by CLIFFORD A. SCHULMAN, who personally appeared before me and is personally known to me, and [did] [did not]take an th. eiz) L"� ARY 0 U�LIC, Stat of Florida P t Name: My Commission Expires: i y '•My=rNsdonDD201132 E0.S.O ber 21,2006 i I i 1 i i i i i I tt t i i I I I I I Greenberg iraurig,P.A. I i Book22758/Page2572 CFN#20040932961 Page 2 of 11 i I I i I i 1 j EXHIBIT "A" SSDI NORTH PARCEL I Lots 30 through 42 inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION j NO. 3, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida, together with the accretions thereto; ALSO; Lots 43, 44, 45, 46, 47, 48A, 49B, and 50C of MIAMI-DADE COUNTY PROPERTY, according to Plat thereof, recorded in Plat Book 14, Page 70, of the Public Records of Miami-Dade County, Florida, together with the accretions thereto. I� SSDI SOUTH PARCEL f Lots 1 through 14, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the Plat thereof as recorded in Plat Book 2, Page 81, in the Public 4 Records of Miami-Dade County, Florida, together with the accretions thereto; i ALSO; That Part of Biscayne Street(also known as Biscayne Avenue)as shown on said Plat of OCEAN BEACH ADDITION NO. 3, lying westerly of the southerly projection of the west Right of Way line of Jefferson Avenue as shown on said Plat and being bounded on the i west by Biscayne Bay, together with the accretions thereto; ' I � ALSO; All that part of the North 132.0' of Section 10, Township 54 South, Range 42 East, J described as: Beginning at a point on the Northern boundary of said Section 10, which is intersected by the Easterly boundary of Jefferson Avenue extended Southerly across Biscayne Street as a point or place of beginning; . thence Southerly continuing the Easterly boundary of Jefferson Avenue extended for a distance of 132.0' to a point; thence Westerly 208,1' more or less along a line parallel to and 132.0' Southerly from j the Northern line of said Section 10 to Biscayne Bay; thence Northwesterly meandering the Bay to the intersection of the Northern line of Section 10; thence Easterly along the ` Northern line of Section 10, 285.0' more or less to the point or place of beginning (the Northerly boundary of said Section 10 being common with the Southerly boundary of Biscayne Street); Also described as: All of that part of the north 132.0' of Section 10 Township 54 South, Range 42 East, known as Tract A or the Smith Company Bay Front Tract, more particularly described as follows to wit: Bounded on the North by the { Northern line of said Section 10; bounded on the East by the East line of Jefferson Avenue extended; bounded on the South by a line parallel to and distant 132.0' South of the Northern line of said Section 10, and bounded on the West by Biscayne Bay, together with the accretions thereto. i Greenberg Traurig,P.A. 1 Book22758/Page2573 CFN#20040932961 Page 3 of 11 I I I I I 1 EXHIBIT "A" I i I SSDI NORTH PARCEL Lots 30 through 42 inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the Plat thereof, recorded in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida, together with the accretions thereto; I ALSO; Lots 43, 44, 45, 46, 47, 48A, 49B, and 50C of MIAMI-DADE COUNTY PROPERTY, { according to Plat thereof, recorded in Plat Book 14, Page 70, of the Public Records of i Miami-Dade County, Florida, together with the accretions thereto. ' SSDI SOUTH PARCEL I Lots 1 through 14, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO, 3, according to the Plat thereof as recorded in Plat Book 2, Page 81, in the Public Records of Miami-Dade County, Florida, together with the accretions thereto; i ALSO; That Part of Biscayne Street(also known as Biscayne Avenue) as shown on said Plat of OCEAN BEACH ADDITION NO. 3, lying westerly of the southerly projection of the west Right of Way line of Jefferson Avenue as shown on said Plat and being bounded on the i west by Biscayne Bay, together with the accretions thereto; i ALSO; All that part of the North 132.0' of Section 10, Township 54 South, Range 42 East, described as: Beginning at a point on the Northern boundary of said Section 10, which is intersected by the Easterly boundary of Jefferson Avenue extended Southerly across Biscayne Street as a point or place of beginning; . thence Southerly continuing the Easterly boundary of Jefferson Avenue extended for a distance of 132.0' to a point; thence Westerly 208,1' more or less along a line parallel to and 132.0' Southerly from the Northern line of said Section 10 to Biscayne Bay; thence Northwesterly meandering the Bay to the intersection of the Northern line of Section 10; thence Easterly along the Northern line of Section 10, 285.0' more or less to the point or place of beginning (the i Northerly boundary of said Section 10 being common with the Southerly boundary of Biscayne Street); Also described as: All of that part of the north 132.0' of Section 10 Township 54 South, Range 42 East, known as Tract A or the Smith Company Bay Front Tract, more particularly described as follows to wit: Bounded on the North by the �. Northern line of said Section 10; bounded on the East by the East line of Jefferson Avenue extended; bounded on the South by a line parallel to and distant 132.0' South of the Northern line of said Section 10, and bounded on the West by Biscayne Bay, i together with the accretions thereto. ; F 1 1 I I Greenberg Traurig,P.A. i I Book22758/Page2573 CFN#20040932961 Page 3 of 11 I i i i t I I GOODMAN TERRACE PARCEL Part of the Northwest quarter of Section 10, Township 54 South, Range 42 East, ? described as follows: Begin in North line of Section 10, which line is also South line of Biscayne Street at its intersection with East line of Jefferson Avenue extended; then South in line drawn at right angles to South line of Biscayne Street 132 feet, thence, East in line drawn parallel with South line of Biscayne Street to West line of Washington Avenue; thence, North along West line of Washington Avenue to its intersection with South line of Biscayne Street; thence, West along South line of Biscayne Street to point of beginning. Also i described as: all that part of North 132.0 feet of Section 10-54-42 known as Smith Cottages Tract and also as Tract B and bounded on North by North line of Section 10; on West by East line of Jefferson Avenue extended; on South by line parallel to and I 132' South of North line of Section 10; on East by West line of Washington Avenue I extended. I HINSON PARCEL BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida, less and excepting therefrom the following two dedications: ! l A 50.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, Page 77, of the Public Records of Miami-Dade County, Florida. Said 50.00 foot dedication being described as follows: Bounded on the North by the Northerly line of said BLOCK 8; Bounded on the South by the Southerly line of said BLOCK 8; said Southerly line also being the Northerly line of the Government Reservation shown hereon; Bounded on the East by a line parallel to I and 50.00 feet distant Easterly of, as measured at 90-degrees to the Westerly line, of E said BLOCK 8; Bounded on the West by the Westerly line of the above-referenced ! BLOCK 8, said Westerly line also being the Easterly line of Biscayne Bay. ! A 40.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in I Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida. Said 40.00 foot dedication being described as follows: f Bounded on the North by the Northerly line of the above-referenced BLOCK 8; Bounded on the South by the Southerly line of the above-referenced BLOCK 8, said Southerly line also being the Northerly boundary line of the Government Reservation i shown hereon; Bounded on the east by the Westerly line of Washington Avenue, said Westerly line also being the Easterly line of BLOCK 8; Bounded on the West by a line k GreenbergTraurig,P.A. t i I Book22758/Page2574 CFN#20040932961 Page 4 of 11 i I i i i parallel to and 40.00 feet distant Westerly of, as measured at 90-degrees to the Westerly line, of the above-referenced Washington Avenue. ALASKAN/COOK INLET PARCEL I ` A parcel of land and accreted land located in Section-10 Township 54 South, Range 42 j East, Miami-Dade County, Florida, and being more particularly described as follows: For a Point of Beginning commence at a 10-inch-square concrete monument located on the northerly boundary of the U.S. Army Corps of Engineers Reservation, being the westernmost corner of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat book 6, Page 77, of the public records of Miami-Dade County; said monument k designated "C" having grid coordinates of X-784,440.39 and Y-521,912.47. Said monument also lies approximately South 24 degrees 27'26" West a distance of 592.30 , feet South of and North 65 degrees 36'16" East of a distance of 554.97 feet West of the i northeast corner of the northwest 1/4 of Section 10, Township 54 South Range 42 East. From said Point of Beginning run thence South 24 degrees 25'50" West a distance of 420.43 feet, more or less, to the Mean High Water (M.H.W.) line of the northerly shoreline of the "Government Cut" for the entrance channel of the Miami Harbor; thence North 65 degrees 35'19" West along said M.H.W. line a distance of 261.59 feet I to a point on a bulkhead; thence North 31 degrees 08'28" West along said bulkhead a distance of 242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having a grid coordinate of X-783,902.72 and Y-521,845.63; thence North 57 degrees 41'41" East a distance of 226.20 feet to Monument "West" having a grid coordinate of X- i 784,093.91 and Y-521,966.52; thence North 87 degrees 38'37" East a distance of 208.58 feet to Monument "G", having a grid coordinate of X-784,302.32 and Y- 521,975.14; thence South 65 degrees 3512" East a distance of 151.63 feet to Monument"C' and the Point of Beginning. i BLOCKS 51 AND 52 PARCELS t Lots 21, 22, 23, 24, and the West 1/2 of Lot 25, in Block 51, of OCEAN BEACH ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. I Lots 4, 5, 6, and the East 22 feet of Lot 7, in Block 52, of OCEAN BEACH ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Lots 19, 20, the East one-half of Lot 25, and all of Lots 26, 27, and 28, in Block 51, of OCEAN BEACH ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Also, a J 10.00 foot strip of land shown on the referenced Plat as a 10.00 foot walk; adjacent to and bounded on the North by the Southerly line of above referenced Lots; bounded on r f i j Greenberg Traurig,PA. l t t Book22758/Page2575 CFN#20040932961 Page 5 of 11 i I the South by the Northerly line of Biscayne Street, said line being 10.00 feet Southerly of the Southerly line referenced Lots; bounded on the West by the Westerly line of Lot 19, extended Southerly; bounded on the East by the Easterly line of Lot 28 extended i Southerly; Lots 5, 6, 7, 11, 12 and the Easterly 26 feet of Lot 8, in Block 51, of OCEAN BEACH i ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Lots 25, 32, and 33, in Block 52, of OCEAN BEACH ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami- f Dade County, Florida. } Lots 9, 10 and 11, in Block 52, of OCEAN BEACH ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami- Dade County, Florida. Lot 9 and the West 4 feet of Lot 8, in Block 51, Ocean Beach Addition No. 3, in Plat k Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. i Lot 8 and the Westerly 8 feet of Lot 7, in Block 52, Ocean Beach Addition No. 3, in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. a i BISCAYNE COURT A Parcel of land lying and being in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida; and being more particularly described as follows: i For a Point of Beginning commence at the northwest corner of Lot 19, Block 51 of OCEAN BEACH, FLA. ADDITION NO. 3, according to the plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida; thence N 120 46' 09"W,for a distance of 7.50 feet;thence N 770 13' 28" E, for a distance of 60.00 i feet; thence N 120 46' 09" W, for a distance of 7.50 feet to a point on the Southwest corner of Lot 12, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence along the Southerly lot line of said Lot 12, Block 51, N 770 13' 28" E, for a j distance of 60.00 feet to a point on the Southeast corner of Lot 11, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence leaving said Southerly lot line, S 1211 46' 09" E, for a distance of 7.50 feet; thence N 770 13' 28" E, for a distance of 63.18 feet; thence N 120 46' 09" W, for a distance of 7.50 feet to a point on !. j the Southwest corner of Lot 8, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence along said Southerly lot line; N 77° 13' 28" E, for a distance of k i Greenberg Traurig,PA I Book22758/Page2576 CFN#20040932961 Page 6 of 11 i i i i I i i 116.00 feet to the Southeast corner of Lot 5, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence leaving said Southerly lot line; S 120 46' 09" E, j for a distance of 15.00 feet to a point on the Northeast corner of Lot 28, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence along said Northerly lot line, S 770 13' 28"W, for a distance of 300.00 feet to the Northwest corner of Lot 19, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3, said point also being the Point of Beginning. Containing 0.082 Acres, more or less. COMMERCE COURT I A parcel of land lying and being in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida, and being more particularly described as follows: For a Point of Beginning commence at the Northwest corner of Lot 25, Block 52 of OCEAN BEACH, FLA. ADDITION NO. 3, according to the plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida; thence N 12° 46' 09" W, for a distance of 10.00 feet; thence NO 77 13' 28" E, for a distance of t '30.00 feet; thence N 120 46' 09" W, for a distance of 10.00 feet to a point on the Southwest corner of Lot 11, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence along said Southerly lot line N 770 13' 28" E, for a distance of f 90.00 feet to a point on the Southeast corner of Lot 9, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence leaving said Southerly lot line S 120 46' 09" E, for a distance of 10.00 feet; thence S 771 13' 28" W, for a distance of 90.00 feet; thence S 120 46' 09" E, for a distance of 10.00 feet to a point on the Northeast E corner of Lot 25, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence along said Northerly lot line S 771 13' 28"W, for a distance of 30.00 feet to the Northwest corner of Lot 25, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; also being the Point of Beginning. [ Together with: k I. For a Point of Beginning commence at the Southeast corner of Lot 4, Block 52 of OCEAN BEACH, FLA. ADDITION NO. 3, according to the plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida; thence leaving said Southerly lot line S 12° 46' 09" E, for a distance of 20.00 feet to a point on the Northeast corner of Lot 33, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence along said Northerly lot line S 770 13' 28"W, for a distance of 60.00 feet to a point on the Northwest corner of Lot 32, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence leaving said Northerly lot line, N 120 46' 09"W, for a distance of 10.00 feet; thence S 770 13' 28" W, for a distance of 51.70 I f I Greenberg Traurig.P.A. I I Book22758/Page2577 CFN#20040932961 Page 7 of 11 i i i feet; thence N 120 46' 09"W, for a distance of 10.00 feet to a point on the Southerly lot line of lot 7, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3; thence along said Southerly lot line N 770 13' 28" E, for a distance of 111. 60 feet to a point on the Southeast corner of Lot 4, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO. 3, also being the Point of Beginning. I Containing 0.067 acres, more or less. i I WASHINGTON AVENUE EXTENSION j I A parcel of land lying and being in Section 10, Township 54 South, Range 42 East, Miami-Dade County, Florida, and being more particularly described as follows: j i For a Point of Beginning commence at the North line of said Section 10, also being the South line of Biscayne Street, at its intersection with the West line of Washington j Avenue extended; thence along the West line of Washington Avenue extended bearing S 100 46' 31" W, for a distance of 660.63 feet, more or less, to the Mean High Water (MHW) line of the Northerly shoreline of the "Government Cut" for the entrance channel j i of the Miami Harbour: thence S 651 35' 19" E, along said MHW line for a distance of 26.30 feet; thence leaving said MHW line, N 240 25' 50" E for a distance of 315.32 feet; thence N 100 46' 31" E, for a distance of 108.11 feet; thence N 65° 35' 12" W, for a distance of 62.02 feet; thence N 10°47' 35" E, fora distance of 246.97 feet to a point on the North line of Section 10, also being the South line of Biscayne Street; thence along said North line and South line S 870 38' 57" W, for a distance of 40.87 feet to the Point of Beginning. Containing 0.932 acres, more or less. j F c I I { k t I i i k i I f k E 1 f 1 l f i 1 i 1 f i GreenbergTraurig,P.A. Book22758/Page2578 CFN#20040932961 Page 8 of 11 t ALCI-09-2004 1436 P.01 ORDINANCE NO, 2004-3456 AN ORDINANCE OF THE 1VlAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FIa0RlbA,ADOPTING AN AMENDMENT TO THE PORTOFINO DEVELOP I4I];NT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER, AS ADOPTED BY CITY OF MIAMI BEACH ORDINANCE NO. 98-3121, PURSUANT TO A NOTIFICATION OF PROPOSED CHANGE (NOPC) PROPOSED BY TRG-ALASKA 4 LTD I AND TRG-ALASKA III,LLC,TO ALLOW:(1)THE FILLING AND BULK HEADING OF THE EXISTING BOAT BASIN ON THE ALASKA PARCEL;AND(2)ADDING APPROXIMATELY 7,200 SQUARE FEET OF LANDS TO THE DRI; FINDING THAT THESE CHANGES DO NOT CONSTIT1UTl�, A SUBSTANTIAL DEVIATION PURSUANT TO CHAPTER - 380 FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE k i DATE. WHEREAS, in 1998 the Miami Beach City Commission approved a Development of j Regional Impact ("DRI') for certain properties in the South Pointe area, which approval is contained in Ordinance No.98-3121;and WHEREAS, the current Owners of certain properties within the boundaries of the DIZI have filed a Notification of Proposed Change("NOPC")to the DRI with the City of Miami Beach Planning Department, City Attorney,City Clerk and City Manager, and with copies to the South ' Florida Regional Planning Council, Department of.Comtnunity.Aflairs, Florida Department of Environmental Protection, South Florida Water Management District, U.S. Army Corps of Engineers, Department of Environmental Resource Management and Florida Department of Transportation; and WHEREAS, the NOPC seeks approval to allow: (1) the filling and bulk heading of the existing boat basin on the Alaska Parcel; and(2)the addition of approximately 7,200 square feet of lands to the DRI;and WHEREAS, the development, as approved originally and as proposed in the NOPC, makes adequate provision for the public facilities needed to accommodate the impacts of the Proposed development in accordance with the City of Miami Beach Comprehensive Plan; and k WHEREAS, approval of the following amendments to the Portofino Development of Regional Impact ("DRI'), subject to the provisions of this Ordinance, is consistent with the Requirements of Chapter 380, Florida Statutes, and is in conformity with all other applicable local and state laws and regulations;and I WHEREAS, the City Commission, after complying with all applicable notice requirements has reviewed the recommendations of staff; the Planning Board recommendations made after its hearing of June 22,2004 and has conducted a public hearing, on July 28, 2004,and has determined that approval of the following amendments to the Portofino DRI Development Order, subject to the conditions and requirements specified in this Ordinance, will further the interests of the health, safety and welfare of the citizens of Miami Beach. i EXHIBIT "B" I f Book22758/Page2579 CFN#20040932961 Page 9 of 11 k RUG-09-2004 14:37 p,02 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Miami Beach,Florida: I SECTION 1. City of Miami Beach Ordinance No. 98.3121 shall be amended so that the I attached Exhibit C shall be substituted for Exhibit"C"of Ordinance No, 98-3121 and, therefore, the following additional properties shall be included in the DRI: Lot 9 and the West 4 feet of Lot 8,in Block 51,Ocean Beach Addition No. 3, in plat Book 2,at Page 81,of the Public Records of Miami-Dade County,Florida, � I j Lot S nod the Westerly 8 feet of Lot 7,in Block $2, Ocean Beach Addition No.3, in Plat Book 2,at Page 81,of the Public Records of Miaml-Dade County,Florida. i SECTION 2. Section 7 A. 18 of City of Miami Beach Ordinance No, 98-3121 shall be amended to read as follows: I Section 7 A. 18. Ref 18. � I . d slwl be , i I ' TA I i i eN-idene,e,-that SuGh propQ�eri -►, . . ��� . _ «., . L I D deviafi In no event shall any alteration or maintenance, excluding work related to the proposed Baywalk, of the exiging slip on the Alaska. Parcel be commenced or conducted without eempliawe wM applicable approvals from regulatory agencies, with jurisdiction, including the Metfepa}hpn Miami-Dade County Department of Environmental Resources Management, the Florida Department of Environmental Protection, the South Florida Water Management District and the United States Army Corps of j Engineers. SECTION 3. The City Commission determines that the changes provided for in this Ordinance do not constitute a substantial deviation in accordance with Section 380.06(19), Florida Statutes. i SECTION 4. Except as otherwise modified herein, City of Miami Beach Ordinance No. E 98-3121 shall remain in dill force and effect. f 2 E I Book22758/Page2580 CFN#20040932961 Page 10 of 11 i I RUG-09-2084 14:37 OR B K 22758 P G 2581 LAST PAGE I SECTIONS. RECORDATION. This Ordinance shall be recorded in the Official Records of Miami-Dade County, and the provisions contained herein shall run with the land and are binding upon the Developer,its grantees and assigns. SECTION 6. AUTHORIZATION, The City of Miami Beach, in accordance with its i Charter,is authorized to amend this Development Order. i i SECTION 7. CODIFICATION, It is the intention of the City Commission that this ; Ordinance not be entered into the Code,and this Ordinance and its Exhibits shall not be codified, but shall be kept on file with the City Clerk's Office. j SECTION & TRANSMITTAL. The City Clerk is instructed to transmit a copy of this Ordinance and all Exhibits attached hereto to the Florida Department of Community Affairs,the South Florida Regional Planning council, and the Applicant's Agents, as required pursuant to Florida Statutes. SECTION 9.REPEALER All Ordinances or parts of Ordinances in conflict herewith f be and the same are hereby repealed. SECTION 10.SEVERA$ILITY, If any section, subsection, clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 11. EFFECTIVE DATE, This in a shall take effect ten days after i adoption,except that if this ordinance is timely ap as p ovided in sections 380.06(19) and 380.07,Florida Statutes,effectiveness shall be del ed til a resolution of such appeal,if any. PASSED and ADOPTED this 28th d of J ,2004. I ATTEST: OR I CITY CLERK I I VERIFIED APPROVED AS TO FORM&LANGUAGE r &FOR EXECUTION PLANNING DIRECTOR BATE CI Y ATT Y DATE E 7:uOBNDA\2004Uu12804112egular11671-DRI Ordinance on NOPC.revo71604.1)OC I I I I I 3 I I i Book227581Page2581 CFN#20040932961 Page 11 of 11 Exhibit "B" Not Applicable EXHIBIT "C" Summary of Development Activity Portofino DRI Development Program Anticipated Maximum Development to Date Residential 1,400 units 2,500 units 1,175 units Retail 258,000 SF 400,000 SF -- Office 120,000 SF 250,000 SF -- Live Theater 800 seats 800 seats -- Hotel 250 rooms 700 rooms -- * Yacht Club at Portofino, a 361-unit, high-rise residential development, was issued a Final Certificate of Occupancy on June 23, 2000. Murano at Portofino, a 189-unit, high-rise residential development, was issued a Final Certificate of Occupancy on July 2, 2002. Murano Grande, a 270-unit, high-rise residential development, was issued a Final Certificate of Occupancy on August 30, 2004. ICON, a 288-unit, high-rise residential development, was issued a Final Certificate of Occupancy on November 30, 2005. Apogee, a 67-unit, high-rise residential development, construction is nearing completion. The building Permit was issued June 1, 2005 and a Final Certificate of Occupancy was granted on July 31, 2009. Viceroy Residences, a 63 unit, mid rise residential development with some ancillary retail space, located on Block 51, was issued a building permit#B0701345 and the permit has been granted an extension thru September 2012 to commence work. The development is currently on hold and is under further review given the current economic climate. Exhibit "D/E" Sale/Purchase (Exchange) of Land Parcel Size Buyer N/A Exhibit "F" Permit Information (Issued unless noted otherwise)* SSDI North (North) n/k/a ICON —450 Alton Road FDOT Special Permit 04K 691 0026 for Alton Road/51" Street dedicated right turn lane Alaska, Goodman Terrace and Hinson Parcel n/k/a Apogee — 800 South Pointe Drive DERM Class 1 Permit No. CC04-022 for seawall repair and debris removal (pending) DERM Class 1 Permit No. CC04-149 for seawall repair and debris removal (pending) DERM Class 1 Permit No. CC004-214 for seawall repair and debris removal (pending) ACOE Permit No. SAJ-2004-699 for bank stabilization and fill ACOE Permit for seawall repairs and debris removal (pending) SFWMD Permit No. 13-02277-P for seawall repairs City of Miami Beach Permit No. B0403942 for temporary sales trailer EQCB Board Order No. 04-69 Miami Dade County Plat No. T-22128 City of Miami Beach Permit No. B0503861 for Foundation City of Miami Beach Permit No. B0503236 for Construction Trailer City of Miami Beach Permit No. B0505820 for Seawall Basin Blocks 51 Parcel City of Miami Beach Permit No. B0701345 - Full Building Permit Exhibit "G" Development Order Conditions Compliance m m r � 0o a, N u N a O a m N 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) C) ccccc c c c c c c c c c o 0 o 'o 'o 'o 'o 0 0 'o 'o 'o 0 0 0 o L) U 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) c c c c c c c C c C C C C c CO 00000 0 0000 0 0 0 0 Div a) Y O .a a) c a) oc - E0) 7 c -0 C a) '0 .0 O O O � 7 - Q U m In 4--E O f3 O 0) 7 o N o O N >, O+� +-� c U f0 C c cn O C I�i O a) a) cn C E > m (A to N a 0 0 o a C cn (n N Lj.cV cn -C _ p U r ++ 0 cu cm N ` c0 (O O E w a7 V O C a) +. 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