HomeMy WebLinkAboutO-12338J-03-139
2/21/03
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTY
LOCATED AT APPROXIMATELY 3221 SOUTHWEST
23RD STREET, MIAMI, FLORIDA, FROM "DUPLEX
RESIDENTIAL" TO "RESTRICTED COMMERCIAL";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of December 18, 2002, Item No. 7, following an advertised
hearing, adopted Resolution No. PAB 95-02 by a vote of four to
two (4-2), RECOMMENDING DENIAL of amending Zoning Ordinance No.
10544 as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter and notwithstanding the decision of the Planning
Advisory Board deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
Ordinance No. 10544 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Future Land Use Map of Ordinance
No. 10544, as amended, the Miami Comprehensive Neighborhood Plan
1989-2000, is amended by changing the land use designation from
"Duplex Residential" to "Restricted Commercial" for the property
located at approximately 3221 Southwest 23rd Street, Miami,
Florida, more particularly described as Lot 78, Block 4 of
AMENDED PLAT OF MIAMI SUBURBAN ACRES SUBDIVISION as recorded in
Plat Book 4 at Page 73 of the Public Records of Miami -Dade
County, Florida.
Section 3. It is found that this Comprehensive Plan
designation change:
(a) is necessary due to changed or changing conditions;
(b) involves a residential land use of 10 acres or less and
a density of less than 10 units per acre or involves
other land.use categories, singularly or in combination
with residential use, of 10 acres or less and does not,
in combination with other changes during the last year,
produce a cumulative effect of having changed more than
60 acres through the use of "Small Scale development"
procedures;
Page 2 of 5 ',
(c) is one which involves property that has not been the
specific subject of a Comprehensive Plan change within
the prior twelve months;
(d) is one which does not involve the same owner's property
within 200 feet of property that has been granted a
Comprehensive Plan change within the prior twelve
months;
(e) does not. involve a text change to goals, policies, and
objectives of the local government's comprehensive
plan, but proposes a land use change to the future land
use map for a site-specific development; and
(f) is one which is not located within an area of critical
state concern.
Section 4. The City Manager is directed to instruct the
Director of the Planning and Zoning Department to immediately
transmit a certified copy of this Ordinance after its adoption on
second reading to: the Secretary, Florida Department of Community
Affairs; the Executive Director, South Florida Regional Planning
Council, Hollywood, Florida; the Executive Director, South
Florida Water Management District, West Palm Beach, Florida; the
Secretary, Department of Transportation, Tallahassee, Florida;
and the Executive Director, Department of Environmental
Protection, Tallahassee, Florida.
Pa e 3 of 5 4 9 3 g .�3
Section S. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 6. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty-
one (31) days after second reading and adoption thereof, pursuant
and subject to § 163.3187 (3) (c) , Fla. Stat. (2001)._11
PASSED ON FIRST READING BY TITLE ONLY this 27th day of
_February 1 2003.
1� This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 4 of 5
2338
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of March , 2003.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS ORM AND CORRECTNESS:
ALEJ VILARELLO
Y TORNEY
13:GKW:et
Page 5 of 5
JfANUEL A. DIAZ, MAYO.
ITEM PZ 11
SECOND READING
PLANNING FACT SHEET
APPLICANT Vicky Garcia -Toledo, Esquire, for Shamrock at the
Gables, LLC
HEARING DATE December 18, 2002
REQUEST/LOCATION Consideration of amending the Miami Comprehensive
Neighborhood Plan.
LEGAL DESCRIPTION Complete legal description on file with the Department of
Hearing Boards.
PETITION Consideration of Amending Ordinance 10544 of the
Miami Comprehensive Neighborhood Plan by
amending the Future Land Use Map for the property
located at approximately 3221 SW 23rd Street,
Miami, Florida; from "Duplex Residential' to
"Restricted Commercial".
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER
Denial.
See supporting documentation.
Recommended denial due to
failure to obtain the required
five favorable votes to the
City Commission.
Passed First Reading on
February 27, 2003.
02-07.1
VOTE: 4-2
Item # 7
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 3/14/2003
Page 1
12338
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 3221 SW 23rd Street.
_Application No. LU- 2002-0030
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from "Duplex Residential" to "Restricted
Commercial". The subject property consists of one lot facing SW 23rd Street. (Complete
legal description on file at the Hearing Boards Office).
Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established
future land use categories according to the Future Land Use Plan Map and the
"Interpretation of the Future Land Use Plan Map". The subject .property is currently
designated "Duplex Residential" and the same designation is to the west, south and north;
to the east there is a "Restricted Commercial land use designation.
"Duplex Residential": Areas designated as "Duplex Residential" allow residential struc-
tures of up to two dwelling units each to a maximum density of 18 dwelling units per
acre, subject to the detailed provisions of the applicable land development regulations and
the maintenance of required levels of service for facilities and services included in the
City's adopted concurrency management requirements.
Community based residential facilities (14 clients or less, not including drug, alcohol or
correctional rehabilitation facilities) also will be allowed pursuant to applicable state law.
Places of worship, primary and secondary schools, child day care centers and adult day
care centers are permissible in suitable locations within duplex residential areas.
Professional offices, tourist and guest homes, museums, and private clubs or lodges are
allowed only in contributing structures within historic sites or historic districts that have
been designated by the Historical and Environmental Preservation Board and are in suit-
able locations within duplex residential areas, pursuant to applicable land development
regulations and the maintenance of required levels of service for such uses. Density and
intensity limitations for said uses shall be restricted to those of the contributing struc-
ture(s).
"Restricted Commercial": Areas designated as "Restricted Commercial" allow residen-
tial uses (excepting rescue missions) to a maximum density equivalent to "High Density
Multifamily Residential" subject to the same limiting conditions; any activity included in
the "Office" designation as well as commercial activities that generally serve the daily
retailing and service needs of the public, typically requiring easy access by personal auto,
and often located along arterial or collector roadways, which include: general retailing,
personal and professional services, real estate, banking and other financial services, res -
12338
taurants, saloons and cafes, general entertainment facilities, private clubs and . recreation
facilities, major sports and exhibition or entertainment facilities and other commercial
activities whose scale and land. use impacts are similar in nature to those uses described
above, places of worship, and primary and secondary schools. This category also includes
commercial marinas and living quarters on vessels as permissible.
The Planning and Zoning Department is recommending DENIAL of the application
as presented based on the following findings:
• It is found that immediately adjacent to the west of the subject property there is an
area designated Restricted Commercial.,
• It is found that the character of SW 23rd Street is residential.
• It is found that the change to "Restricted Commercial' is not a logical extension of
that category and will be an intrusion of commercial activities into a well define
duplex residential area.
• It is found that MCNP Goal LU -1 (5) require the City to promotes the efficient use of
land and minimizes land use conflicts and, Policy LU -1.1.3 which require the City to
provide'protection of all areas of the city from the encroachment of incompatible land
uses.
These findings support the position that the existing land use patternin this neighborhood
should not be changed.
It also. should be stated, that whereas MCNP Land, Use Policy 1.1.1. requires development
or redevelopment, that results in an increase in density.or intensity of land use, to be
contingent upon availability of public facilities and services that meet or exceed the
minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy
1.2.3.). It is found that the attached Concurrency Management Analysis pertaining to
concurrency demonstrates that no levels of service would be reduced below. minimum
levels.
2
CONCURRENCY.MANAGEMENT. ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal No. 02-30 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 10/9/02 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant: Shamrock of the Gables
RECREATION AND OPEN SPACE
Address: 3221 SW 23 Street
Population Increment, Residents
58
Space Requirement, acres
0.08
Boundary Streets: North: East:
Excess Capacity Before Change
182.80
South: SW 23 Street West:
Excess Capacity After Change
182.72
Proposed Change: From: Duplex Residential
Concurrency Checkoff
OK
To: Restricted Commercial
POTABLE WATER TRANSMISSION
Existing Designation, Maximum Land Use Intensity
Residential 0.17 acres @ 18 DU/acre
3 DU's
Population Increment, Residents
58
Peak Hour Person -Trip Generation, Residential
3
Transmission Requirement, gpd
13,070
Other 0 sq.ft.@ 0 FAR
0 sq.ft.
Excess Capacity Before Change
>2% above demand
Peak Hour Person -Trip Generation, Other
0
Excess Capacity After Change
>2% above demand
Concurrency Checkoff
OK
Proposed Designation, Maximum Land Use Intensity
Residential 0.17 acres @ 150 DU/acre
26 DU's
SANITARY SEWER TRANSMISSION
Peak Hour Person -Trip Generation, Residential
13
Population Increment, Residents
58
Other 0 sq.ft.@ 0 FAR
0 sq.ft.
Transmission Requirement, gpd
10,795
Peak Hour Person -Trip Generation, Other
0
Excess Capacity Before Change
See Note 1.
Excess Capacity After Change
See Note 1.
Net Increment With Proposed Change:
Concurrency Checkoff WASA
Permit Required
Population
58
STORM SEWER CAPACITY
Dwelling Units 23
Peak Hour Person -Trips
9
Exfiltration System Before Change
On-site
Exfiftration System After Change
On-site
Planning District Coral
Way
Concurrency Checkoff
OK
County Wastewater Collection Zone
310
Drainage Subcatchment Basin
S2
SOLID WASTE COLLECTION
Solid Waste Collection Route
35
Population Increment, Residents
58
Transportation Corridor Name Coral
Way
Solid Waste Generation, tons/year
Excess Capacity Before Change
75
500
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Excess Capacity After Change
425
Concurrency Checkoff
OK
Land Use Policy 1.1.1
TRAFFIC CIRCULATION
CIE Policy 1.2.3
Population Increment, Residents
58
Peak -Hour Person -Trip Generation
9
LOS Before Change
A
LOS After Change
A
Concurrency Checkoff
OK
NOTES
ASSUMPTIONS AND COMMENTS
1. Permit for sanitary sewer connection must be issued by
Population increment is assumed to be all new residents. Peak -period trip
Metro -Dade Water and Sewer Authority Department (WASA).
generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average
Excess capacity,
p ty, if any, is Currently not known
occupancy for private passenger vehicles. Transportation Corridor capacities and
LOS are from Table PT -2(R1) Transportation Corridors report
Potable water and wastewater transmission capacities are in accordance with
Metro -Dade County stated capacities and are assumed correct Service
connections to water and sewer mains are assumed to be of adequate size; d
not, new connections are to be installed at owner's expense.
Recreation/Open Space acreage requirements are assumed with proposed
change made.
CM-1—IN 03/13/9
12338
sw 21 ST
Is -
71, fjii�
RESOLUTION PAB - 95-02
A RESOLUTION RECOMMENDING DENIAL OF A MOTION WHICH
FAILED (DUE TO FAILURE TO OBTAIN THE REQUIRED FIVE
FAVORABLE VOTES), CONSTITUTING A DENIAL OF A
CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED,
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY
AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND
USE DESIGNATION FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3221 SOUTHWEST 23RD STREET, MIAMI, FLORIDA,
FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL".
HEARING DATE: December 18, 2002
ITEM NO.: 7
VOTE: 4-2
ATTEST:
Aabert-%dhcheY, Director
Planning and Zoning Department
x.2-90.38
OLANNING AND ZONING DEPARNT
HEARING BOARDS DIVISION
444 SW 2nd Avenue, r Floor • Miami, Florida 33130
Telephone 305-416-1480 Fax 305-416-2035
APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
�-
0a-30
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. -
APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY
PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. 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.
THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK IT WILL BE ACCEPTED BY THIS DIVISION
ONLY THE FIRST SEVEN M DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM.
Section 62-32 of the Code of the City of Miami, periodic review of the adopted
comprehensive plan and adoption of evaluation and appraisal report reads as follows:
(a) Periodically, but not less often than once in five years or more often than once in two
years, the comprehensive plan shall be reviewed, evaluated and appraised by the
planning advisory board to determine whether changes in the amount, kind or direction
of development and growth of the city or area thereof, or other reasons, make it
necessary or beneficial to make additions or amendments to the comprehensive plan.
The Planning and Zoning Department shall prepare an evaluation and appraisal report
for the planning advisory board which shall evaluate the comprehensive plan pertaining
to the major problems of development, physical deterioration and the location of land
uses and the social and economic effects of such uses; the status of each element of
the comprehensive plan; the objectives of the comprehensive plan compared to actual
results and the extent to which unanticipated and unforeseen problems and
opportunities occurred; all as compared between the date of adoption and the date of
the report. The report shall suggest that changes needed to update the comprehensive
plan including reformulated objectives, policies and standards.
(b) The planning advisory board may recommend the report as presented, modify the report
or reject the report in duly noticed public hearing pursuant to the procedures in Section
62-31.
(c) The city commission shall adopt, or adopt with changes, the report or portions thereof by
resolution in public hearing within 90 days after the planning advisory board date of
recommendation. The city commission shall thereafter amend the comprehensive plan
based on the recommendation in the evaluation and appraisal report. Adoption of the
report and recommended amendments to the plan may be made simultaneously
Rev. 05!14!02
12338
pursuant to section 2-31 or if not simultaneous, the evaluation and appraisal' report
shall contain a schedule for adoption of the recommended amendments within one year.
See also Article 22 of the Zoning Ordinance.
2. Two 11x17" original current surveys, prepared by a State of Florida . Registered Land
Surveyor within six months from the date of application.
3. An 8 Y2 x11 ° copy of all exhibits that will be presented at the hearing shall be attached to this
.application.
4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
attached form). _
5. Complete application should be reviewed and initialed . by Planning and Zoning designee
prior to submittal.
6. .Cost of processing, according to the City Code:
Conservation, recreation, residential single-family duplex $ 300.00
Residential medium density multifamily $ 450.00
Residential high-density multifamily, office,
major public facilities, transportation/utilities $ 550.00
Commercial/restricted, commercial/general and industrial $ 650.00
Commercial (CBD)
Surcharge for advertising each item,
$ 1,200.00
$ 1,200.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ 3.50
7. This petition is proposed by:
( } Planning and Zoning Department BR irm WCKOVICH, MMJMU DIRE= OF
(XS Other (please specify): SHAMROCK( AT THE GABL S,LLC
8. The subject property is located at: 3221 SW 23 St. , Miami, Florida 3,3145
Folio number. 4116-009-1790'
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) 78
Block(s) 4
Subdivision_ Amended Plat of Miami Suburban Acres C4--�3�
e
Rev. 06/04/02
2
0. The undersigned being the owner or the representative of the owner, of the subie-- property
•
do(es) respectfufly request the approval of the City of Miami for the following amenament(s)
to the Miami Comprehensive Neighborhood Plan for. the above-described property as
indicated in the Land Use Plan:
FROM: DUPLEX RESIDENTIAL
TO: RESTRICTED COMMERCIAL
I
10. Please supply a statement indicating why you think the wdsting plan designation is
inappropriate:
The existinr• designation does not allow for a Parking garage structure.
11. Please supply a statement justifying your request to change the pian to your requested
plan designation.
The cr000sed designation allows for a parking garage structure.
12. What is the acreage of the property being requested for a change in olan designation?
.172 ACAS
i 3. Has the designation of this property been changed in the last year?
NC
14. Do ycu own any other property within 200 feet of the subject property?
If yes, has this other nrooerty been granted a change in plan designation within the last
twelve months? =311,7G PENDING FOR 2280 SW 32 AVENUE, SEE ATTR= COPY
PROPER'T'Y HAS NO Cid OF ZONING -See Exhibit "D".
15. Have you made a companion application for a change of zoning for the subject property
with the Hearing Boards Division?
NO
16. Have you filed with the Hearing Boards Division a(n):
• Owner's list form? YES
• Affidavit of ownership? YES
■ Disclosure of ownership form? yF
■ List of owners of property within 500 feet of the subject property?
If not, please supply them. YES
Rev_ 05/14/02 Q
3
233
l
17:. is the property within the boundaries of a historic site, historic district or archeological zone
designated pursuant to Chapter 23 of the Miami City Code?
NO
18. is the property within the boundaries of an Environmental Preservation District designated
pursuant to Chapter 17 of the Miami City Code?.
NO
19. What is the purpose of this amendment? _ TO PROVIDE PARKnu SPAS TO ADJAG'EM
APARTMENT BU==
Rev. 05/14/02
VJ
Signature I ---
Managing
Managing Director of
Name BRANM WaKoyi H Shamrock at the Cables
Address 3221 SW 23 STREET
_MIAMT+ FLORMA 33145
Telephone 954-980-6222
Date SEPTEMBER 5, 2002
4
12338
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged befc
20 , by
known to me or who has produced
as identification and who did (did not) take an oath.,
(Stamp)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
this day of
who is personally
Signature
The foregoing instrument was acknowledged before me this 5th day of �sEpTEmBER
20 02 , by CKOVICH, MANAGING DIRECTOR of
SHAMROCK AT THE ->GABLES LLC .a FLORIDA _
corporation, on behalf of the corporation. He/She i personal! o me or has
produced as identification and who did (did not tae oath.
C� -) C__(.0
& GNIARDO
(Stamp Myr#CC 971019
EXPIRES: Mxm 28.2005
BmWedTMJNMYPW* ^ •
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged
20 , by
behalf of
He/She is personally known to me or
as identification and who did (did ngt,
(Stamp)
has prod
an oath.
Signature i
me this
Signature
day of
partner (or agent) on
, a partnership.
Rev. 05/14102 �p Q
3 2338
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared BRAVO VtJC{OVIClI,
MMGING DIRECTOR OF SHAMROCK
AT THE GABLES,LLC. who being by me first deposes, and says:
1. Thate he is the owner, or the legal representative, of the owner, submitting the
I
accompanying application for a public hearing as required by the Code of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their 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 accompanying petition, ZI including responding to day
to day staff inquires; 0 not including responding to day to day staff inquiries in which case
he/she should be contacted at 954-980-6222
3. That 'the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4. The facts as represented in the application and. documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
BRANKO VUCKOVICH
Applicant Name
MAMA= DIRECTOR OF SHAMROCK.
AT THE GABLES,LLC
STATE OF FLORIDA
COUNTY OF MIAMI DADS
Applicant Signa�t e..--
The foregoing instrument was acknowledged before me this 5 day of September
20 02 by HRANKO VICKOVICH of MANAGING DIRECTOR
OF- SHA>`IF2oCK AT THE GABLES, LLC a
corporation, on behalf of the corporation. He/She is personally kngAq to me or has
produced as identification and who didnot) take an oath.
(Stamp) "° MMU9,G i§nature
C
My OMMISSION BCC � 019
EXPIRES: JenuW2g, 2005
Bortob ThN No" p* a
Rev. 12/05/01
12338
OWNER'S LIST
Owners Name SHAMROCK AT THE GABLES, LLC.
Mailing Address 3221 SW 23 STREET, MIAMI, FL._ Zip Code 33145
Telephone Number 954-980-6222
Lot 78, Block 4
Legal Description:
Amended plat of Miami Suburban acres, according to the plat
thereof as recorded in Plat 4, page 73 of the Public Records
o:c Dade County, Florida
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owners Name
Mailing Address
Telephone Number
Legal Description:
Zip Code
Zip Code
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
Street Address Legal Description
2280 91 32 AVENUE SEE ATTACHED
MIAMI, FLORIDA LEGAL DESCRIPTION , EXhibit "A"
(UNDER CONTRACT, SEE EXHIBIT Di
Street Address Legal Description
Street Address
Rev. 05/14/02
4
Legal Description
12338 _
f
DISCLOSURE OF OWNERSHIP
1: Legal description and street address of subject real property:
3221 SW 23 ST.,r Miami, Florida 33145
.Legal: Lot .78, .Block 4 Amended plat of..Miami Suburban acres,
according to the plat thereof asirecorded in Plat 4,page 73
of the Public Records of Dade County; Florida
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City
of Miami requires disclosure of all parties having a financial interest, either direct or indirect.
in the subject matter of a presentation; request or petition to the 'City Commission.
Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries
of trusts. and/or any other interested parties,tcgether with their addresses and
proportionate interest.
50%- CARLOS 210E; CHUMAN and ROSA MARIA CHUMAN
50%- BRANKO VUCKOVICH and MARIA JOSE VUCKOVICH
see exhibit "B"
3. Local description and street address of any real property (a) owned by any party listed in
answer to question #2, and (b) located within 500 feet of the subject real property..
Closing pending for 2280 SW 32 Avenue, see attached exhibit r
legal description:
BRANKO VUCKOVICH
Owner or Attorney for Owner Name Owner or Attorney for Owner Signature
MANAGING DIRECTOR OF SHAMROCK
AT THE GABLES, LLC.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument -was acknowledged.b_efore me this 5th day of SEPTEMBER
2002 BWKO VUCKOVICH of
SFiA1�Ft tby A' THE GABLES LLCa FLORIDA
corporation, on behalf of the corporation. He/She' isersonally known me .or has
produced as identification and wno take an cath.
(Stamp) . Signature
MY
�019
Rev. 12/05/01
�23��
EXHIBIT A
Description: Adjacent property with C-1 zoning under contract by Shamrock at the
Gables, LLC. The property closing is scheduled for September 28, 2002
12338
r�
EXHIBIT "All
Legal Description-AzjA= PROPERTY
UNDER CONTRACT
LOT -il ANC) A2 L-155 TWE jCRTW „0 ANC _=55 -WE :AST :,35 =SST
rWEME-CF 'm LmLCCK A _^F AMENDED m 1 CF MIAMI 141eUR5AN ACRES
A=Rvw4-1 Tc -WEPLAT TWE!cZECF AS QEj=.=r, VCE;N �LAT 5CCk 4.
AT PAGE 13. OF TWE
.JeLlr- REC.CFeCe C!- --ACE C0.04TY. =LCRIVA
AND LOTS 1S AP40 *0 LESS TWE EAST -WC-.RECF'W P -1 -CCK -L Cr-
AMENCEC -LAT 'IF ?-.IAMI SUBURBAN ACPS5, A=CRCI�* rC TWE -LAT
TWEFFEOF AS RCCCRCED IN PLAT 9C0< 1 AT -drE -3 --F -WE —JOLIC
qE=1W5 CF DACE COUNT' . =L.
&A.
e6 i 55
64
en 7r
7j
IN
In;
A,
46
13
-2
SITE
i d/
SIN 32nd A.'g'
Location Plan
ecej& NT -9
EXHIBIT B
Description: Ownership percentage of Shamrock at the Gables, LLC.
12338
Exhibit "B"
IN WITNESS WHEREOF, this Agreement ,has been signed by all Members
and the Manager(s), on June 6, 2002.
CARLO Z'OE CHUMAN R A MARIA CHUMAN
BRANKO VUCKOVICH MARIA JOSE VUCKOVICH
EXHIBIT A.
Initial Members: Aggregate, Capital: $ ,000.00
1. Name: 50%
CARLOS ZOE CHUMAN and ROSA MARIA CHUMAN
As tenants by the entirety of
12615 SW 91 Street, Miami, Florida 33186
1. Name: 50%
BRANKO VUCKOVICH and MARIA JOSE VUCKOVICH
As tenants by the entirety of
337*Mallard Road, Weston, Florida 33327.
Managers:
1. Name: CARLOS ZOE CHUMAN
Address: 12615 _SW 91 Street,
Miami, Florida 33186.
2. Name: ROSA MARIA CHUMAN
Address: 12615 SW 91 Street,
Miami, Florida 33186.
3. Name: BRANKO VUCKOVICH
Address: 337`'Mallard Road,
Weston, Florida 33327.
4. Name: MARIA JOSE VUCKOVICH
Address: 337 Mallard Road,
Weston, Florida 33327.
12338
EXHIBIT D
Description: Contract for adjacent property located at 2280 SW 32 Avenue
Miami, Florida. The closing is scheduled for September 28, 2002
12338
-.0
SIT ..',a' , 1'l
' WARRANTY DEED
THIS WARRANTY DEED is made this August 29, 2002, by GRISSEL GONZALEZ and JORGE LUIS
VILA, husband and wife, whose respective Social Security numbers are 591-13-7985 and
591-13-6946, of 5110 W 4 Street, Lehigh Acres, Florida 33971, hereinafter called
"Grantor," and is given to SHAMROCK AT THE GABLES LLC, a Florida limited liability
company, hereinafter called "Grantee," of 12615 SW 91 Street, Miami, Florida 33186,
whose Tax Id No. is EIN 41-6506459. Whenever used herein the terms "Grantor" and
"Grantee'+ include all the parties to this instrument and their heirs, legal
representatives, successors and assigns:
WITNESSETH•
That Grantor, for and in consideration of the sum of TEN & N0/100 DOLLARS ($10.00)
and 'other good and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and
confirm unto Grantee, all their claim, title and interest in and to that certain
property, situate in Miami -Dade County, Florida, to wit:
Lot 78, Block 4, AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the
plat thereof as recorded in Plat Book 4, Page 73, Public Records of
Miami -Dade County, Florida,.commonly known' as 3221 SW 23 Street,•Miami,
Florida 33145, Folio No. 01 4116 009 1790.
TOGETHER with all tenements, hereditament and appurtenances thereto belonging or in
appertaining.
TO HAVE AND TO .HOLD, the same in fee simple.forever.
AND Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
land in fee simple; that Grantor has good 'right and lawful authority to sell and
convey said land; that Grantor hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons whomsoever; and that said
land is free of all encumbrances, except;
1. Real Estate taxes for the year 2002, and subsequent years;
2. Conditions, covenants, restrictions, limitations and easements of record,
if any, but this shall not operate to reimpose the same; and
3. Zoning, land use and other governmental restrictions.
IN' WITNESS WHEREOF, Grantor has signed and, sealed these presents the day and year'
first above written.
Signed, sealed and delivered
in our presence:
(SEAL)
Name of Witness:, GRISSEL GO ALEZ
April Rodriguez 5110 W,4 Street, ,
Lehigh Acres, Florida 33971
ti
(SEAL)
Nam Wi s: JORGE LUISILA
Ricardo Mart nez-Cid 5110 W.4 S reet,
Lehigh, Acres,Florida 33971
State of Florida )
SS.
'Miami -Dade County ) .
The foregoing instrument, which was sworn to, subscribed and acknowledged before me
before me by GRISSEL GONZALEZ and JORGE. LUIS VILA, this August 29, 2002, who produced
.their Florida driver's licenses as identification, and they did take an oath.
(NOTARY SEAL)
CL
' ARDO M��p X0949
N ry F Pu
THIS INSTRUMENT PREPARED BY RICARDO MARTINEZ-CID, ESQ.
1699 CORAL WAY, SUITE 510,''MIAMI, FLORIDA 33145
12-338
Ql r,
CONTRACT FOR SALE AND PURCHASE Daft P`ep`r'd loa=
PARTIES: SEIAhtROCK AT THE GABLES LLC, a Floods limited liability corroratim ANDIOR ASSIGNS ('Bayed, sad CONQUISTADORReal Property') and
PLAZA. INC., a Florida corporation ("Seller'), hereby agree that Seller shall sell and Buyer shall buy lbs lollowtng real properryn -) vvhic a mciudes
personal property ("Pasonaity') (collectively -ProPc"Y ) upon the terms and conditions of this Cantract for Sale and Purchase ( C
arty Rider attached hereto.
1. DESCRIPTION OF PROPERTY:
A I.EGALDPSCRIPTiONOFREALPROPERTY- Asmorepstiwlariydcxribedinthat cermdeed recordedinOflicialRecords 9ook194T Page
2gR4. Public Records of Mian i -Dade County. Fiends to be established by the tender of Seller's most current survey and title insurance policy.
a ithm five (5) days of the EtTecttvc Date. commonly known as 2250.2290 SW 32 Avenue, Afiami. Fiorida 33145, Tax Folio Numbers 014116 009
I RM and 01 411 f 009 1430.
13. Other Property Right, Included: Plana and Specs prepared for Conquistador Pima by Oahnndo & Suiero, dated April 1.:000. for a sixty (60) utast
apartment building (respectively the "Project." the "Architect "the "Plans & Spea7, all rights title tend interni To and to the General Contractor
Agreemntt with Encore Serviea. Inc and the agreement. If any, with Fidiss Plaques (hereinafter tnpcetive2y the -General Contractor.» the
-Contractor's Agreement." the Engineer." and the "Project Eagirteer's Agreement") . all psiauts covering the on going construction of an apartment
building on die Property, including, without limitation. and the permits enumerated in Exhibit "A•" attached and by reference made a part hereof
i collectively the "Permits-) . �
PURCHASE PRICE AND METHOD OF PAYMENT:
--3. Em a--)
CN
A. I'URCIIASE PRICE ..... •..----- ------------------_.._.-._..._-------- ._........-----......._..----- r__- _._........ _...._........_..._A6BA�-
B. DEPOSIT to be held in escrow by RICARDO MARTINEZ-CID. TRUST ACCOUNT ("Escrow Ageri ): /
1. Initial Deposit - __..._" __.._»_. " _.._.....»» _ _.._..._� ... S 100.000.00
2. Additional deposit due within twenty-four (24) days after the Effective Due ......._._._S 100. 00 b
3. Total Deposit Deponit S 200.000.00
C. BALANCE TO CLOSE. in U.S. Dollars in cadtler's check issued by local fmaneid institutions or to
certified cheeks certified by local financial institutions, subject to Adjustments and prontiona..•••• "•••-_- » - •53359 OOQ00 3
3. ACCEPTANCE: FACSIMILE: EFFECTIVE DATE: If this offer is not executed by and delivered to all panics on or before June 24.2002. the
Deposit will, at Buyer's option, be returned to Buyer and this offer withdrawn. Facsimile copies of this contract, signed and initialed in counterpart.
-hail be considered for all purposes, including delivery, as oriolsis. The "Effective Date" of this Contract will be: (a) the date when the hot
one
of the Buyer and Seiler has signed this etTer, of (b) if changes in this offer (&hersigttaturc) have been made and initiaicd by the panics. the dao when
the Ina one of the Buyer, and Seller has initialed thoso changes.
a DATE AND PLACE OF CLOSING: This trastttaction shall close on or before ninety (90) days from the Effaetive Date, unit" extended by other
provisions of this Contract ("Closing-), at the office of Buyer's attorney if said office is lowed in the county in which the property is located
�. EVIDENCE OF TITLE:
A. DEFINED: Evidence ofTirle shall be deAned as:
(1) AN EXISTING ABSTRACT OFTITLE, prepared by a reputable and cxfsti l; abm= firm (if fano is not existing, than
abstract must be certified as correct by an existing Arm), purporting to be an accurate synopsis of the inswimenls sffe=l the
tide to the Real Property recorded in the Public Records of the county wherein the Real Property is located, which shill
commence with the earliest public records ("Abstract-): or
(2) I F AN EXISTING ABSTRACT OF TiTLE IS NOT AVAn ABLE, Seller shall provide an exu=g prior owner's tide
insurance policy qualified for use as a title base for relssuence of coverage on the Real Property at the Purehaeo Price ("Prior
UV Policy') together with copies of all exceptions thereto and. at Seller's option. either. (a) an abona continuation form the
effective date of the Prior Polley; or (b) a computer title search printout and name search printout, from the effective date of the
Prior Policy and wed to Buyer's c)osiog agent, together with copies 11 ,11 doau este rerimd in the Prior Policy and int be
(3) 1F ter seitrehesEITHER
or
/ � (3) IF NEITHER AN EXISTING ABSTRACT NOR A PRIOR POLICY I9 AVAII.ASLE: Seller shall provide, at
Seller's option, a ithct ( a) alternative tido evidence acceptable to Buyer's closing agent; or (b) a standard title insurance
commitment issued by a Florida licensed title inwror agreeing to issue to Burger, upon recording of the deed to Hoyer, an owner's
(� 1 policy of title insurance in the amours of the Purchase Price, subject only to those tide extestoons set forth in this Contract or
which shall be discharged by Seiler at or before Cloftg. if Seller provides a title insurance eammitrtraot Sella shall pay the
prernium for owner's title insurance policy.
B. CERTIFICATION.141ARKETABILM: Evidence of Title shall be certified or brought currern through a data am more then 30 days
prior to Closing. Evidence ofTitle shall show a marketable talo of resotd to Seller, in accordance with current titk standards adoptied by
Florida Bar, subject only to those title exceptions perndtted by this Contract or which shall be discharged by Seller at or before Closing.
At Closing. Seller shall convey to Buyer a marketable title of record as deserr>>ed In this paragraph
C. DELIVERY, MCAMINATION: Seller, at Seller's expense, shall deliver Evidence orTlte to Boyer at lout>7Etxa (15) days prior to
Clotting and if Evidence of Title it not received by Buyer aa required, Buyer may delay the closing iso that Bayer &hall have up to fifteen
(1 S) days from date of receipt of Evidence of Tale to examine aazee Buyer shat( examine Evidence ofTtdc within fifteen (15) days after
receipt thereof. and Buyer shall, within the same fifteen (I5) day pQiod, nodes Sena in writing of avy title defects. If any title defects
render the tide unmarketable. Seller shah use diligent effort to cure such ddeW (including the bringing of nee.arylawsuiu) within ninety
(90) days from receipt of such notice. If Selltx abaft till to cues such defects within then" (90) days period, Buyer shall have the option
of: (1) accepting title as it is; or (2) demanding a refund of the Deposit, in which case, the Depoo shall forthwith be returned to Boyw.
and Buyer and Seller shall be relieved, as to each other, oral] obligations under this Contract. Upon Closing, the Evidence of Title shall
become the property of the Buyer
6 BUILDING PERMITS TO BE EXTENDED, ARCHITECT AND GENERAL CONTRACTOR: Sella and Buyer shall work together to
renew the building permit, which expos on July 9, 2002. Said renewal will be at Buyer's expense, with the subadmttain of the general contractor
and project architect to be hired by Buyer. In the event the panics are tunable to extend said permits Buys any rescind this Agrccmeat, with the
immediate return of the Deposit
1 RESTRICTIONS AND EASEMENTS: BUILDING AND ZONING: (A) DOM &hall take ttic subjea to: (1) coning snoiu ttorut imposed by
govomrricntal authority. (2) restrictions and masers appearing an the PUL of Otherwise eonmwn to the arbdhitswit; (3) woes for the year of toeing:
(4) assumed morgages and purehaae money mortgage, if any; (5) restrictions. udi ty amential" Of other tnatten which do not reader dw title
wnrm ketable or adversely affect the lxacint ute of the Property. (B) SeUer warrants that, at the thm of Ching, there :lull be no violation of
building or zoning codes. if the Property to in such violation of such codes, Sella shall pay for the expanses required to bring the Property into
compliance with such codes at the time of Closing
SURVEY: Buyer. within the timeapowrd fordeliveryofEvfdeocs orotic and examination thereoC —Yb— the Real Property surveyed at Buyer'I
expense. If the survey shown any encroachment on the Real Property or that the irnprovernento presumed to be located afl the Red Property in fact . 6
1.2 3
, ,•.atitsaoar
acaehaduomsetbeek� atta.arludSsfothers orriolaeooysrseriaioa,Contrstx 7p►tabiegovenmxaulregu460Ntbesame
4ball be truncal as a mme-which rancho tate unmarketable.
9. ilYGgtE]S AND SGRYSbt Seller covenants ad hwwraat0 that there is Ingres ard egteaa to the Property over public roads.
1 n EXISTING MORTGACM;t Seller shall obtain, and fan dsh to Buyer no later than ten (10) days prior to Closiug; (a) an sawmei ismer for each
evisnng mongage containing the necessary data fa payoff: and (b) for equity lite laws. a w m statement Rorer the mortgagee showing that the
account hen been closed in accordance with ntaegee's requirements to fatilitats payoff at Closing. Any prepsynent penalhee charged by
ntongsgres anall be paid bo y Seller.
ACCESS & DF.LrVERY OF POSSESSION: Seller warrants and represents that these aro ao lunges in posaeaaton or with a nght to poaesaon
of the Property other then Seller, and Seller shall deliver possession of" Propertyto Buyer at the time ofdelivery to Seiler of the proeeeda of the
sale. but full and ample S1CGLaa shall be granted to Buyer during the Due Diligence Period.
12. - INSURANCE: The premium on any hassid insurance and flood insurance politics in force covering improvements of the Property, if any, shall
be momted between parties, or the policies may be canceled as Buyer may elect If inwrancc is to be prorated. Seller shall, on or before Closing,
furnish Buyer all inwronce policies or copies thereof., Seller shall not be responsible if the inswor carotis the policies.
13. RISK OF LOSS: If the impirovcttents are damaged by fire or other eanrslty before delivery of the deed end an be restated to substantially the
sane condition as now existing within a period ofstary (60) days thereafter. Scllermay, restore the improvements and the Closing shall be eataded
accordingly. if Seller fails to so restore the Property, Buyer ab all have the option of (a) taking the Property "b is" condition together with the
insurance proceeds, if arty, or (b) canceling this Contract and the Deposit shall forthwith be returned to Bar,ver, and Baryes and Seller shall be relieved,
as to each other, of all obligations under this Consam
14 MAiI ENANCE: Between the E:iective Date and the Closing, the Property, including lawn. shrubbery and pool, if any, shell) maintained by Sella
in the condition as it exists as of the Effective Date, ordinary war and tear excepted.
15. iiSCROW AGENTS Any escrow agent ("Agcas' Including the Escrow Agent for the Deposit, rceetvitg (tends or equivalent ("Escrow Funds"),
is authorized to receive the Escrow Funds, hold the Esetow Funda in escrow, and, subject to clearance, disburse the Escrow Funds according to this
Contract. If agent is in doubt as to Agent's duties at liabilities under this Contrast Agent may, at Agent's option: (a) continue to hold the Escrow
Funds until Buyer and Seller mutually agree to In disbtmseneat w'tmtil a judgmxtrt of a court of competent jurisdiction shall duamfne the rights
of the panics: or (b) piece the Escrow Funds into the registry of the circuit noun having jurisdiction of the dispute and interplead the parties having,
an interest iri the Escrow Funds. Upon notifying all inttxestcd parties ofaueh action. all liability an the portafthc Agent shall fluty terminate, except
to the extent of accounting for the Escrow FuAda. if Agent is a licensed real estate broker. Agent will comply with the provisions of Chaptu 475
F.5 (1991), as amended. Any suit between Buyer and Seller who ,rein Agent is made a party bexatne of acting u Agent hereunder, Orin arty Cant
wherein Agent places the Escrow Funds into the registry ofthe court and Interpleads the interested parties, Agent shall recover reasonable atmmey's
fees and costa incurred. which fees and cow shall be paid from and'out of the Etemw Funds and charged and si arded as court cotta In flvor of the
pm -tiling party. All parties agree that Agent shall not be liable to any party or person for nuMeliveryto Buyer or Seller of the Escrow Funds unless
such misdelivery is due to willful breach of the Contract or gtou negligence of Agent.
16. CLOSING DOCUMENTS: Seller shall deliver to Buyer at Closing. at Seller's expense: (a) statutory warranty deed free aid clear of all reverter
ciauscs and reservations for drainage, phosphate, minerals, morals, petroleum and road rights -0f --way, whether In favor of an individual or
l
governmental unit (waiver arrighi ofentry from go, e menial unit "I be rufficient).; (b)A"gnmentofthet Plarrs& a
Stx. and cotitlraatitmthu
Vthey are paid in full (e) assignment of Contractor's Agreement, and confirmation that then are no past due payments thereunder, (c) usigament,
j of all Permits; (d) andant attesting to the absence of liens or potential lienort knoam to Seller. (e) gap Lmdavit, (f) aMdavit of possession (g)
1RS form I099S or such other fottrte its may be required by federal government from time to timr, (h) FIRPTA affidavits or exemption certifaates
/es may be required to exempt Seller or any agent from the income tax widtholding requirements or Seller shall authorize Buyer to withhold the
nccesssry amount, (i) assignment of all rights tinder the eureat getaeral contractor and architects agreemmt Q) indemnity agreement by Seller, and
the undersigned president of Seller, to indemnify and hold Buyer harmless for any claims bythe Project's current general contractor, engineeratd/or
architect, and (k) final rclessc of lien by general contractor, Project 'architects and geasral'eatametor_
r
CLOSING PROCEEDS; ESCROW.AND DEL.IYERY OF PROCEEDS: The proceeds ofthesde. including the Deposit, shall beheld bySemSx's
attorney or by such other mutually acceptable escrow agent, for a period of not longer than seven (7) days after Closing, to allow Evidence ofTtde
to be continued at Buyer's expense, to show record title in Buyer without anytntervening lierts, encumbrances. ordefeetswhich would raider Buyw's
title unrrLvketable. I Mile is rendered uamsrketable through no fault to Buyer. Buyer shall, within seven (7) days period. notify Seiler and the asaa-
agent in writing of the defect and Sella shall have 70 days from date of receipt of such notification to cure said defect. if Seiler fails to timely cure
said defect all monis paid hereunder, including the Deposit, shall, upon written demand therefore and within five (5) days thereafter, be remand
to Buyer by escrow agent and, simnitanemily with such repaymcn ,"Buyer shall vacate the Property, reeopvey now to Sella by special warranty
decd. and return the Petsonalry. if Buyer fails to timely notify Seller of any such tide defects, Buyer "I tike title "AS IS", waiving all. rights
against Seiler ata to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contained in the deed. Buyer shall
he entitled to possess= of the Property upon delivery to Seller of the proceeda ofthe sale. which shall be at Closing if the coca oov efelosiog proceeds
is waived. The escrow of closing proceeds required by thicParagrapih shall be waived if the Buyer receives title iuwraneo a)sinat adverse miaeis
pursuant to Section 627.7341, Florida Statutes, (1991), as aru aided.Seller shall have the right to receive Seller's met proceeds of gala in cashier -'s, .
checks issued by local financial institutions If Seller gives Bayer written demand for such checks at lett seven (7) days'prior to Closing.
I R- E%PENSHSn S rote documentary stumps and suns: on deed and lithe coat or recording any co rccow instruments shall be paid by Sella.
Documentary stamps to be affixed to the note secured by the pwehafe'matey mortgage. intangible tax on the purchase money mortgage and the cost
of recording the decd and purchase money mortgage shall be paid by Buyer.
19 PRORATiONS: All prorations dull be made as of midnight of the day pretadimg the Closmg. Real and persona) property tea shall be pew we
based on the current yew's tax with due allowance being made for the nutcimurn allowable discount and for homestead orother excmpuoo if allowed
for'aid year. if Closing occurs at a due when the current yew's waunent is not available, then takes shall be piqued basad an the prior yew's
tax. However, if there we completed improvensents on the property by January i" of the yew of Cloaotg which improvement were not in eadsta tar;
on January I"of the prior year, then the taxes shall be prorated based upon the prior yews mileage tad at an equitable assesamont to be agreed upon
between the parties However. any tax proration bared on an estimate: mtey et the request of either party be aubsequendy readjusted upon reewpt of
the tax bill. and statement to that effect will be art forth In the closing mtmment. Wets fees, association feta, eaprnssa and revenues of the Progeny
shall also be prorated
20. SPECIAL ASSESSMENT LIENS: Certified, canalmod and mtlW special asat>rmlat liens as of Closing are to be paid by Seller. Pending liens
as of Closing sham be aoaurraed by Buyer, provided, however. the where the imp ni rcia test has been substwniaUy completed as of the Effective Date,
such pending lien shall be considered as certified or ruined and Seller shall, at Closing be charged and anoint equal to tho let athlete by the public
body of the saaamat for the improvement
21. PERSONS BOUND; GENDM* FLORIDA LAW: The bencilts and obligsuops of this Contract shall areae to and bled the respective baits,
personal representatives, successor end assigns of the pestles heretic. „Whew ever used, the singular shall include the plural, deo plural simgltlrir, and
the dire of any gander shall include all genders. 'ihis Contract shell be governed by the laws of the State of Florida
22. DEFAULT: if Buyer fails to perform this Contract within the time specified (Including the payment of the Dsposft). the Deposit trade. or agreed
to be made by Buyer, may be retained or recovered by or for the account of Sema es agreed upon liquidated damages as c"lileration for the
execution of this Contract and In full settlement of Seller's claims. whereupon Buyer and sella sham be relieved, as to each other, of all obiiganema
upder this Cencaet or 3d 'e optsoa, trtey Ixoeaed is egtsity m euf m seaees tights Conttaet IL for tnY* 4 oilaet than
�of3eiWtonmks aroksome albrdlNjeotelfort.9eBerallz.negieeoats�ree 1LYtontrtac:8tsyatr+yaMkroeasc
Pasfarmersee a ekxt to teems. tetmo of auyces Deposit teittaom thereby wwvwS any mdoe -uintg florn Seller's breech.
23. ATTORNEY'S FEES AND COSTS: In connection with any li igstion (Inchdiat W appealer and ) tmroivittgtbe Shccr, Buys. Uuu'4
broker. cooperating subagent ofBroker, Buyer's Broker,orEscrowAge. wising out ofthisContnet,theprevailingismW hall ba entitled torecover
all costs incurred, including reasonable anorney's fees at trial and appdwo level&
24 TTM E: Time is or the testate for all provisions of this Contrut
23, ENTIRE AGR.EERIENT; TYPEWRITTEN OR RANDWRrrTEN; NOT RECORDABLE: Ibis Contras, iaeludmg any exhibiu and Rider
attached, sett forth thecatiresgreanahtbenveenBuyvandSeUerandcontamall oftheeovanumyromim.agrarrxtta.tcareaahraaoas conditions
and understandings. Typewritten or hm dwnuen provisions matrted in this Ctnaaes or attached hetero es exhibits or Riders shall control all pruned
provisions in conflict Uwewith. Neither this Convect, nor any node's of iL shop be recorded in any public records.
26 BROKERAGE: The partiesrepreaent and warrant to each other that they have nor retained the services of a broker in connection with this Contract.
and agree to indeimify and hold each other karmic" for any brokerage claum
27. WARRANTY: Seller warrants and represahto that (D there ere no facts Imma to ScHer Which materially affect the value at desirability of the
Property or comprorrtise the cos. ttom of the Project, which ata no readily observable by Bayer or Vvhieh have not been disclosed to BUM. in
writing, (ii) the Femmes is in good standing, and (iii) thee Plum & Sperm have been told in RFU. with accorriparrying Architect's roceipL- There
wacnrines shell survive the Closing and shall be binding upon Seller and, personally, upon the officer exeearing this Contract an to behalf.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIONING.
BUYER: Date Signed by Buys hme 24_ 2t)02
SHAMROCK AT THE CABLES LLC,
(COMPANY SEAL)
BY:
BRANKO VUCKOVtCH. `tanager
SELLER: Date Signed by Stilet June . 2002
CONQUISTADOR PLAZA. INC. .0t�uJrSr
c
L (CORPORATE SEAL)
B Y:
CHR t HSR ASTROJ .President
29. DErOSIT RECEIPT: The Initial Deposit, in the amount cf$100,000.00 (subject to clearatcc) was received on jute 24. 2002 and eh4 be held
and disbursed according to thio Conrmct by the undersigned Escrow Agent.
RCAP,DQfART1NFZ-CID. TRUST ACCO [305)159-7494 By
Firn: name of Escrow Agent Telephone- (Authorized Signatory)
b Pile vC
I.1i7o1cSSe� , Uf�KOU1614 il'r�d eelYt1s 7
t
f Miami, December 12`h, 2002.
Zoning Board
City of Miami
Florida
To Whom It May Concern:
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami Fl 33145 and the construction of a parking for the near future.
Sincerely,
Jac Rodriguez
29 S W 23 St
Miami F133145
Cel phone: (305) 3105986
�U3MITTED INTO THE
PUBLIC RECORD FOR
'.TEM Z-� ON a -a7 -o3
12338
Miami, February 5`h, 2003.
Zoning Board
City of Miami
Florida
To Whom It May Concern:
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami Fl 33145 and the construction of a parking for the near future.
Sincerely,
, , /-20 --, 67 za�e�
Jose A. Adan
3220-3222 SW 22 Terrace
Miami F133145
Tel: (305) 4439282
Maria C. Fuster
110, Witness
1780 SW 22 Terrace
Miami F133145
Tel: (305) 8548633
r
u
Zoning Board
City of Miami
Florida
To Whom It May Concern:
4
Miami, February 25`", 2003.
I have no objections to the Zoning changes for the property locatmb
at 3221 SW 23 St, Miami Fl 33145 and the construction of a parking for the near future..
Sincerely,
4Euio" Pino
3246 SW 23 St
Miami Fl 33145
Tel: (305) 4612643
Maria C. Fuster
011 Witness
1780 SW 22 Terrace
Miami F133145
Tel: (305) 8548633
U B MI TT E D INTO THE
Miami, January 23th, 2003.
Zoning Board
City of Miami
Florida
To Whom It May Concern:
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami Fl 33145 and the construction of a parking for the near future.
Sincerely,
Graciela Carollo
3230 SW 22 Terrace
Miami Fl 33145
Phone: (305) 4421573
Maria C. Fuster
Witness
1780 SW 22 Terrace SUBM""ITTED INTO THE.
Miami F133145
Phone: (305) 8548633 PUBLIC RECORD FOR
ITEMP2->1a a'7 o� .
12338
Miami, January 21 th, 2003.
Zoning Board
City of Miami
Florida
To Whom It May Concern:
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami Fl 33145 and the construction of a parking for the near future.
Sincerely,
1�9
Tomds Blanco
3245 SW 23 St
Miami F133145
Tel: (305) 4467203
Maria C. Fuster
Witness
1780 SW 22 Terrace
Miami Fl 33145
Tel: (305) 8548633
•
Miami, January 21 th, 2003.
Zoning Board
City of Miami
Florida
To Whom It May Concern:
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami Fl 33145 and the construction o parking for the near future.
Sincerely, —'�' /, -
Orestes Morales
3370 SW 24 Terrace
Miami F133145
Tel: (305) 4436672 / 4461295
0
= -"V
Maria C. Fuster
` Witness
1780 SW 22 Terrace
Miami Fl 33145
Tel: (305) 8548633
ITEM
z,
Miami, January 24th, 2003.
Zoning Board
City of Miami
Florida
To Whom It May Concern:
I have no objections to the "Zoning changes for the property located at
3221 SW 23 St, Miami FI 33145 and the construction of a parking for the near future.
Sincerely.
�ncisco J. Mald6s
2255 SW 32 Ave
Miami Fl 33145
Tel: (305) 5930587
Maria C. Fu.ster
Witness
1780 SW 22 Terrace
Miami F133145 SUM"UTTED"INTO THE
Tel: (305) 8548633
PUBLIL; KECORD FOR
INFO. ITEmf'i U^ N
2'd 9bSb-Sbb (906) uojno�onA o�lueJH d60:10 60 b2 ueC
Francisco J. Valdes
2255 SW 32 Ave
Miami FI 33145
Dear Sir:
0
Miami, January 24th, 2003.
This is regarding the parking facility of the property located at 3221 SW 23
St. The property is located in a residential zone, we look forward to construct a
two storages building parking garage in the near future.
This parking lot will take advantage of available space and the tasteful
construction of this building and facility will undoubtedly help to beautify and bring
property values up in the area.
Should you have any questions, please feel free to contact me.
Yours Truly,
Branko Vuckovich
Shamrock at The Gables
Tel: (305) 4438222
FIRM
Miami, January 22th, 2003.
Zoning Board
City of Miami
Florida
To Whom It May Concern:
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami F133145 and the construction of a parking for the near future.
Sincerely,
o`s haul Hernandez
3181 SW 23 St
Miami F133145
Tel: (305) 3239291
Maria C. Fuster
Witness
1780 SW 22 Terrace
Miami Fl 33145
Phone: (305) 8548633
SUBMITTED INTO THE'
PUBLIC RECOR FDR
ITEM
r2 - - --) i O' N 03.
Miami, January 25th, 2003.
Zoning Board
City of Miami
Florida
To Whom It May Concern:
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami F133145 and the construction of a parking for the near future.
Sincerely,
3204 W 23 Terrace
Miami F133145
Tel: (305) 4618589
Maria C. Fuster
Witness
1780 SW 22 Terrace
Miami F133145
Phone: (305) 8548633
SUBMITTED
INTO
THE
PUtB'LIC RECORD F R
�7EM P2-.)) UN-i�ja-) 0
•
Miami, January 22th, 2003.
Zoning Board
City of Miami
Florida
To Whom It May Concern:
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami F133145 and the construction of a parking for the near future.
Sincerely,
Haydee Elias
2340 SW, 32 Ave
Miami F133145
Tel: (305) 4451313
Maria C. Fuster
Witness
1780 SW
22 Terrace
Miami F133145
Phone: (305) 8548633
12338
0
Zoning Board
City of Miami
Florida
To Whom It May Concern:
•
Miami, January 22th, 2003.
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami F133145 and the construction of a parking for the near future.
Sincerely,
9BIaA6pn
3121 SW, 23 St
Miami F133145
Tel: (305) 4430340
Maria C. Fuster
Witness
1780 SW
22 Terrace
Miami F133145 SUBMITTEUr"' IN'TO THE
Phone: (305) 8548633
12338
•
Zoning Board
City of Miami
Florida
To Whom It May Concern:
t
Miami, Jartuary 23rd, 2003.
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami F1 33145 and the construction of a parking for the near future.
Sincerely,
a.
Danny�Caniel
3334 SW 22 Terrace
Miami F133145
Phone: (305) 4438353
LQ -a -A CL- Q ,
Maria C. Fuster
Witness
1780 SW 22 Terrace .;��
Miami F133145 ;�UBm
INTO T E
Phone: (305) 8548633
U LICF R
IT 2,),1 �a-,
12338
r
�J
Zoning Board
City of Miami
Florida
To Whom It May Concern:
Miami, January 22th, 2003.
I have no objections to the Zoning changes for the property located at
3221 SW 23 St, Miami Fl 33145 and the construction of a parking for the near future.
Sincerely,
FORSE
252 S(oral Way
Miami 3145
Tel: (305) 5290047
Maria C. Fuster
Witness
1780 SW
22 Terrace
Miami F133145
Phone: (305) 8548633
12338
Jacobo Rodriguez
3229 SW 23 St
Miami F133145
Jose Addn
3220-3222 SW
22 Terrace
Miami F133145
Eudelio Pino
3244 SW 23 St
Miami F133145
Graciela Carollo
3230 SW 22 Terrace
Miami Fl 33145
Tomds Blanco
3245 SW 23 St
Miami Fl 33145
Orestes Morales
3370 SW 24 Terrace
Miami F133145
Francisco J. Valdds
2255 SW 32 Ave
Miami F133145
Josd Raul Herndndez
3181 SW 23 St
Miami F133145
Juan Morales
3204 SW 23 Terrace
Miami F133145
1
12338
Haydde Elias
Renaissance at The Gables
2340 SW, 32 Ave
Miami F133145
Blas Pellon
3121 SW, 23 St
Miami Fl 33145
Danny C. Daniel
3334 SW 22 Terrace
Miami F133145
Lazaro Garcia
Sergio's Restaurant
3252 SW, Coral Way
Miami Fl 33145
12338