HomeMy WebLinkAboutO-12339J-03-132
02/11/03
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF
THE ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING
THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY
RESIDENTIAL'TO C-1 RESTRICTED COMMERCIAL, FOR
THE PROPERTY LOCATED AT APPROXIMATELY
3221 SOUTHWEST 23RD STREET, MIAMI, FLORIDA,
LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;"
CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of
January 27., 2003, Item No. 13, following an advertised hearing,
adopted Resolution No. ZB 2003-0668, by an eight to zero (8 to 0)
vote, thus constituting a RECOMMENDATION OF DENIAL for a change
of zoning classification, as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, and notwithstanding the Zoning Board decision, the
City Commission deems it advisable and in the best interest of
the general welfare of the City of Miami and its inhabitants to
grant this change of zoning classification as hereinafter set
forth;
7,
7 A .� a t'a � E i�'a�
1'2339
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of - the City of Miami, Florida,
Article 4, Section 401, Schedule of District Regulations, is
amended by changing the zoning classification from R-2 Two -Family
Residential to C-1 Restricted Commercial, for the property
located at approximately 3221 Southwest 23rd Street, Miami,
Florida, as legally described in attached "Exhibit A."
Section 2. It is found that this zoning classification
change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing conditions;
(g) will not adversely influence living conditions in the
neighborhood;
Page 2 of 4�
.2
(h) will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property value in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner so as to compromise the protection of
the public welfare.
Section 3. Page No. 42 of the Zoning Atlas, made a part
of Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, by reference and description in said
Ordinance, is amended to reflect the changes made necessary by
this Amendment.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 5. 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.
Page 3 of 4 12339
Section 6. This Ordinance shall become effective
thirty-one (31) days after second reading and adoption thereof
pursuant and subject to § 163.3187 (3) (c) .1/
PASSED ON FIRST READING BY TITLE ONLY this 27th day of
February , 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of March , 2003.
MANUEL A. DIAZ, MAY
Y
c
ATTEST:
61 �� .
z 4�2'
O-
PRISCILLA A. THOMPSON
CITY CLERK
APP4MVED ArS/UrFORM/AND CORRECTNESS:
EJ RO VILARELLO
ATTORNEY
yV'1`�0"
409:YMT:smg
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 4
i
EXHIBIT "All
Legal Description_ AwACRrrr PRoPERTY
UNDER CONTRACT
LOT 1NC
`RTW AND 11 LESS TWE NRTW 10 .SNC LESS TWE EAST :_,B P=ET
TWEREOF IN BLOCK A. CF A!"IENDED -'LAT ''-r- MAMI .SUBURBAN ACRES
ACCCRDING TO TWE PLAT TWERECF AS oEC.:RCEC IN PLAT BCCK i.
AT PAGE 13. OF TWE PUBLIC RECCRCS CF DACE CCUNT7, FLORIDA
AND LOTS 13 AND 1910 LESS TWE EAST :38 MET rWERECF IN et-ce—: 1 Cr-
AMENDED
FAMENDED PLAT CF MIAMI SUBURBAN ACRES. ACCCPCING TC TUE PLAT
TWERECF AS RECORDED IN PLAT BOCK 1 AT ParE 73 CF rWE PUBLIC
RECORDS CF DADE CCLWY, FL
SW 32nd Ave. i
Location Plan
Scale: MTs
SITE
12339
ITEM PZ 12
SECOND READING
ZONING FACT SHEET
Case Number: 2002-0607 27 -Jan -03 Item 13
Location: Approximately 3221 SW 23rd Street
Legal: (Complete legal description on file with the Department of Hearing Boards)
Applicant: Vicky Garcia -Toledo, Esquire, on behalf of
Shamrock at the Gables, LLC
3221 SW 23`d Street
Miami, FL 33145
(954) 980-6222
Zoning:
Request
Purpose:
R-2 Two -Family Residential
Change of Zoning as listed in Ordinance No. 11000, as amended, the'Zoning Ordinance
of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from R-2
Two -Family Residential to C-1 Restricted Commercial.
This will allow a zoning change to Restricted Commercial at the above address.
Recommendations:
Planning & Zoning Dept.:
Recommended denial.
Public Works:
No comments.
Plat and Street Committee:
N/A.
Miami -Dade County:
No comments.
Enforcement History, If any
Case No: N/A Last Hearing
Found: N/A
Violation(s): N/A
Ticketing Action: N/A
Daily $0.00 Affidavit Non -Compliance Issued
Warning Letter sent
Total Fines to
$0.00 Lien Recorded Comply Order
CEB Action:
History: The Planning Advisory Board recommended denial on December 18, 2002, due to failure
to obtain the required five favorable votes to the City Commission by a vote of 4-2.
Analysis: See supporting documentation.
Zoning Board Resolution: ZB 2003-0668
Zoning Board: Recommended denial to City Commission. Vote: 8-0
City Commission: Passed First Reading on February 27, 2003.
12339
ANALYSIS FOR ZONING CHANGE
Approximately 3221 SW 23rd Street
CASE NO: 2002-0607
Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of
the City of Miami, Florida, the subject proposal for an amendment to the Zoning Atlas has
been reviewed as follows:
The request is to change the Zoning designation as follows:
One (1) lot west of SW 32nd Avenue fronting SW 23�d Street (complete legal description
on file with the Office of Hearing Boards), from R-2 "Two -Family Residential" to C-1
"Restricted Commercial".
The following findings have been made:
It is found that immediately adjacent to the west of the subject property there is an area
designated C-1 "Restricted Commercial".
• It is found that the character of SW 23rd Street is residential.
It is found that the change to C-1 "Restricted Commercial" is not a logical extension of
that category and will be an intrusion of commercial activities into a well define R-2
"Two -Family Residential" area.
Based on these findings, the Planning and Zoning Department is recommending
denial of the application as presented.
ANALYSIS FOR ZONING CHANGE
Yes No N/A
❑ 7 ❑
❑ W ❑
F-1 - 0
❑ W-1 ❑
❑ 0 ❑
❑ E-/1 ❑
❑ 0 ❑
❑ W-1 ❑
❑ ❑
❑ ❑
❑ D ❑
❑ o ❑
❑ E%ll ❑
❑ a ❑
❑ D ❑
❑ ❑ ❑
❑ ❑ ❑
❑ O ❑
❑ ❑ ❑
CASE NO. 2002-0607
In harmony with Comp. Plan; does not require amendment.
In harmony with established land use.
Is related to adjacent and nearby districts.
Is within scale with needs of neighborhood or City.
Maintains similar population density pattern.
Existing district boundaries are illogically drawn.
Changes or changing conditions that make change necessary.
Positively influences living conditions in neighborhood.
Has similar impact on'traffic; does not affect public safety.
Has similar impact on drainage.
Has similar impact on light and air to adjacent areas.
Has'similar impact on property values in adjacent areas.
Contributes to improvement or development of adjacent property.
Conveys same treatment as to owners within same classification.
Property is unfairly limited under existing zoning.
Difficult to find other adequate sites in surrounding area.
12339
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0 Miami Zoning Board i
Resolution No.: 2003-0668
Monday, January 27, 2003
Mr. Allan Shulman offered the following resolution and moved its adoption
Resolution: -
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000,
THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE
CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 42, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3221 SOUTHWEST 23RD STREET, LEGALLY DESCRIBED AS LOT 78,
BLOCK 4, AMENDED PLAT OF MIAMI SUBURBAN ACRES (4-73), PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL.
Upon being seconded by Mr. Charles A. Garavaglia,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers
Yes
Mr. Joseph H. Ganguzza
k.rivili
Away
Mr. Charles A. Garavaglia
I , -
Yes
Ms. Ileana Hemandez-Acosta
Yes
Mr. Humberto J. Pellon
Yes
Mr. Juvenal A. Pina
Yes
Mr. Allan Shulman
Yes
Mr. Angel Urquiola
Yes
Mr. Georges Williams
Yes
AYE:
8
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENT:
1
Ms. Fernandez: Motion carries 8-0
Teresita L. Fernandez, Executive Sectary
Hearing Boards
Case No. 2002-0607 Item Nbr: 13 2 3 39
L FR*_0
W1.
k.rivili
I , -
I
Teresita L. Fernandez, Executive Sectary
Hearing Boards
Case No. 2002-0607 Item Nbr: 13 2 3 39
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LEGAL DESCRIPTION:
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- LOTa BRAw .I_ OF ksU-6 9!
ACCOP=NO TO T!R PLRT
THERE OF RECORDED IH PLAT BOOK Q'
AT r!6 F I F THE PUBLIC RECORDS OF
BADE COUNTY', FLORIDA.
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LEGAL DESCRIPTION:
�a ,hpi ht�jjZGAW
- LOTa BRAw .I_ OF ksU-6 9!
ACCOP=NO TO T!R PLRT
THERE OF RECORDED IH PLAT BOOK Q'
AT r!6 F I F THE PUBLIC RECORDS OF
BADE COUNTY', FLORIDA.
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LEGAL DESCRIPTION:
�a ,hpi ht�jjZGAW
- LOTa BRAw .I_ OF ksU-6 9!
ACCOP=NO TO T!R PLRT
THERE OF RECORDED IH PLAT BOOK Q'
AT r!6 F I F THE PUBLIC RECORDS OF
BADE COUNTY', FLORIDA.
cERI FICATwN
I HEREBY, CERTIFY T Ha THIS MMT01 OF BIRRVEY
RBPPIESM,a A TRUE AND CORRQY sunnnY. micro 1y
MADE UNDER rT DRREMON AND T uT IT RS IN
COARPUAIILF WITH THE MINIMUN TE"ICAL STANDARDS
SET FORT" BY THE FLORIDA BOARD OF LAND S RRVETORS
P£RSUANT TO SECTION 4TZ. 027 FLORIDA STATUES.
Ld�d�(iaa hKCii'(Ghl. h� 1u.tioo'.;.,.:.
H4�. f •�>ff8 G46c�S y �nlc . .. r
- -p ''iia: ••• ii{`''+f� s•'
NOTES:- EL.EVATIONs slawN ARE BASED p+ N.:
PROPERTY DESCRIPTION SHOWN HEREON 10
• AS FURNISHED AND SAID LANDS NAVE NOT '�•,-
BEEN ABSTRACTED FOR ROM -OF 'WAY
AND/DR EASEHENT11 OF RECORDS.
B�I
EARRIpG,l�Ai�c41
6 o5rm) italrib►i E�6A�;"'
wE C h pe•:w
vo e." = 3221 5w vb" h(R TI Wiwi, fry. 03145
Ya
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sr /✓+ C l '+..suwveki*, ow—
rEL Es Pa TI[ PBpPB�PrBFOR:' 6494 S.W. 24 51REE I a
LS. No. 01DATE. ups MIAMI, FLORIDA JJ Ibb
TE OF FLORIDA O SuRdE
101H01dEs (305) 740J318 .,
.or VALM trM%Kff Rarossm a"%.. SCALE: o ' DfA'L° :`1�4J BEEPER: (305) 058-1503 +'
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Section 2210. Nature and Requirements of Zoning Board
Report to City Commission
Circle appropriate condition(s):
When pertaining to the rezoning of land under application made under Article
22, the report and recommendation of the Zoning Board shall show that the
Zoning Board has studied and considered, where applicable, whether or not:
a) The proposed change conforms with the adopted Miami
Comprehensive Neighborhood Plan and does not require a plan
amendment.
b) The proposed change is in harmony with the established land use
pattern.
c) The proposed change is related to adjacent and nearby district.
d) The change suggested is not out of scale with the needs of the
neighborhood or the city.
e) The proposed change maintains the same or similar population density
pattern and thereby does not increase or overtax the load on public
facilities such as schools, utilizes, streets, etc.
f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
g) Changed or changing conditions make the passage of the proposed
change necessary.
h) The proposed change positively influences living conditions in the
neighborhood.
i) The proposed change has the same or similar impact on traffic and does
not affect public safety to a greater extent than the existing classification.
j) The proposed change has the same or similar impact on drainage as the
existing classification.
k) The proposed change has the same or similar impact on light and air to
adjacent areas as the existing classification.
1) The proposed change has the same or similar impact on property values
in the adjacent area as the existing classification.
m) The proposed change will contribute to the improvement or
development of adjacent property in accord with existing regulations.
12339
n) The proposed change conveys the same, treatment to the individual
owner as to owners within the same classification and the immediate area
and furthers the protection of the public welfare.
o) There'are substantial reasons why the use of the property is unfairly
limited -under existing zoning.
It is difficult to find other adequate sites in the surrounding are for the
proposed use in districts already permitting such use.
Motion: After considering the I factors set forth in Section 2210 of Ordinance
11000, 1 move that the request on agenda item #
recommended to the City Commission for (approvia (denial).
Signature Print Name
/Agenda item Date
=-0 oPLANNING AND ZONING DEPARTMENT
'C� HEARING BOARDS DIVISION
444 SW 2"d Avenue, 7"Floor Miami, Florida 33130
Telephone 305-416-1480 • Fax 305-416-2035
* iRcesr ORITER * ''
..�.
is S6
�;:�` •o4if APPLICATION FOR AMENDMENT TO
ZONING ATLAS AND/OR OVERLAY DISTRICT
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 (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM.
I ;��M VUCKOVICH., MANAGING DIRECTOR OF SHAMROCK AT THE GABLES LLC
hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas
of the City of Miami as more particularly described herein and, in support of that request,
fumish the following information (see Article 22 of the Zoning Ordinance):
3221 SW 23 ST, MIAMI, FLORIDA 33145
1. Address of property:
2. Folio number: 4116-009-1790
Three
3. X Wdi 11x17" original current surveys prepared by a State of Florida Registered Land
Surveyor within six months from the date -of application.
4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
attached forms). See exhibit "D'
5. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of the
subject property (see pages 5 and 6).
6. At least two (2) photographs that show the entire property (land and improvements).
7. An 8'/ x11" copy of all exhibits that will be presented at the hearing shall be attached to this
application.
R-2
8. Present zoning designation(s):
9. Future zoning designation(s): C-1
Rev. 06104/02.
12391
{ 10. Other (specify, and attach cover letters explaining why any document you are attaching is
pertinent to this application).
11. Statement explaining why present zoning designation is inappropriate.
PRESENT ZONING DOES -NOT ALLOW A PARKING GARAGE STRUCTURE.
12. Statement as to why proposed zoning designation ,is. aooropriate.
PROPOSED ZONING ALLOWS ,A PARKING GARAGE STRUCUTURE.
13. Recorded warranty deed and tax forms of the most .current year available that show the.
present owner(s) of the property. See Exhibit "C"
14. Cost of processing according to the City Code:,
Change of zoning classification:
CS, PR, R-1, R-2, per square foot of net lot' area
Minimum
R=3, R-4, O, G/l, HP per square foot of net lot area
Minimum
C-1, C-2, I, per square foot of net lot area
Minimum
CBD and all SD's, per square foot of net lot area
Minimum
$ :15
$ 635.00
$ '.20
$ 750.00
$ .25
$ 900.00
$ .30 -
$1,000.00
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice $ 3.50
15. What is the purpose of this zoning change? ADD ADDITIONAL PARKING SPACES TO
ADJACENT APARTMENT BUILDING.
16. 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
17. Is the property within the boundaries of an Environmental Preservation District designated
pursuant to Chapter 17 of the Miami City Code?
NO
Signature
BRANKO WCKOVICH Managing director of
Name = Sbamr.=k at the Gables,
LT1C.
Address 3221:SW 23 STREET'
MIAMI, FLORIDA 33145
Telephone 954-980-6222
Date SEPTEMBER 5, 2002
Rev. 05/14/02
2 9239
1
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) to an oath.,
this day of
who is personally
(Stamp) J Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 5th day of sEPTa4BER
20 0 2 , by BRAwo ViJCKnVICH, MANAGING DIRECTOR of
SHAMROCK AT THE -GABLES LLC a FLORIDA
corporation, on behalf of the corporation. He/She i personail o me or has
produced as identification and who did (did not) tae oath.
MANUS a GALL Wno
#CC971019 Signature
amw T"
(Stamp '
EXPIRES: January 28, 2005
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged
20 , by
behalf of
me this day of
partner (or agent) on
, a partnership.
He/She is personally known to mew has produced
as identification and who did (did nor take an oath.
(Stamp) Signature
Rev. 05/14/02
3
12339
AFFIDAVIT
Before me, the undersigned authority, this day personally appearedBRA O VUPCOVICH,
PQMGING DIRECTOR OF SHAMROCK
AT THE GABLES,LLC. who being by me first deposes and says:
1. That e/gshe is the owner, or the legal representative of the ' owner, submitting the
I I
accompanying application for a public hearing as required by the Code of the City of Miami,
Flodda, '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, KI including responding to day
to day staff inquires; 13 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
MAMGING DIRECTOR OF SHAMROCF,
AT THE GABLES,LLC
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Signatt
The foregoing instrument was acknowledged before me this 5 day of September
2002 - by BRANKO VICKOVICH of MANAGING DIRECTOR
OF.SHAMROCK AT THE GABLES,LLC a
corporation, on behalf of the corporation. He/She is personally knpvM to me or has
produced, as identification and who did not) take an oath.
(Stamp) 9aWMANUEL (�.MMISSION � CC971019RES:January2B,200.5ru Nobry p Was
nature
Rev. 12/05/01
12339.
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
of' Dade County, Florida
Owners Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Owners Name
Mailing Address Zip Code
Telephone Number
Legal Description:
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 S11 32 AVENUE SEE ATTACHED
MIAMI, FLORIDA LEGAL DESCRIPTION , Exhibit "A"
(UNDER CONTRACT, SEE EXHIBIT D)
Street Address Legal Description
Street Address
Legal Description
Rev. 05/14/02
4 ��3�9
J
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject -'real property:
3221 SW,23 ST., Miami, Florida 33145
Legal:. Lot 78, Block 4 Amended plat of Miami,Suburban acres,
according to the plat thereof asi.recorded in Plat 4,page 73 i
of the Public Records of.Dade County, Florida
2. Owners) 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
0- trusts, and/or any other interested parties, together with their addresses and
proportionate interest.
50%- CARLOS ZO-E CHUMAN and ROSA MARTA CHUMAN
50%- BRANKO VUCKOVICH and MARIA JOSE VUCKOVICH
see exhibit "B"
3. Lecal 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 DIREC'IOOR OF SHAMROCK
AT THE GABLES, LLC.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument.was acknowledged_ before me this 5th day of SEPTEMBER
SO OHA2 . bboB�tANKO VUCKOVICH of
THE GABLES LLCa FLORIDA
corporation, on behalf of the corporation. He/She is ersonaliy known me or has
produced as identification and who take an cath.
(Stamp)
MMUELC%cameo
My G0MMW" # cc9rl01s
r` Y EXWRES: JerxM 28, 2005
.. �� Bonded iMu Nomry WDAc lhidei+nRa�s
Rev. 12/0510112339
t
EXHIBIT A
6"
Description: Adjacent property with C-1 zoning under contract by Shamrock at the
Gables, LLC. The property closing is scheduled for September 28, 2002
-12339
EXHIBIT - "A"
Legal Descriptio AWACENT PROPERTY
UNDER CONTRACT
LOT 11 AND 12 LESS TWE 14CRTW 10 ,);C LESS TWE FAST .35 YET
rwEFmCF- IN eLCCK 4 OF AJIVENDED PL..!T :!= MIAMI 14JeURBAN ACRES
.ACCOZZ TO TWE PLAT TuERECF AS MECC-RCEID IN PLAT BOOK 4,
AT PAGE "73, Cf TWE PUBLIC RECCRCS OF DACE CCUNTr. FLCRfDA
AND LOTS 1'j AND 80 LESS TWE EAST :38 FSET 7WERECit IN BLOCK A Cr -
AMENDED PLAT CIF MIAMI SUBURBAN %r -RES. -kr-=CP-Dlw, TO ""E PLAT
,WERECF AS RECORDED IN PLAT -3CCK A At PAGE -3 CF "WE PUBLIC
RECORDS OF OADE =UNTv FL.
I 111!
U
v! 41
In
:(n
Al
A3
SITE
SW' 32nd AJe.
Location Plan.r%
scale) NTS �—/
EXHIBIT B
Description: Ownership percentage of Shamrock at the Gables, LLC.
2 33
Exhibit "B"
IN WITNESS WHEREOF, this Agreement has been signed by all Members
and the Manager(s), on June 6, 2002.
1
FIOVR�
CARLOSE�Z'OE CHUMAN
BRANKO VUCKOVICH
MARIA JOSE VUCKOVICH
EXHIBIT A
Initial Members: Aggregate Capital: $ ,000.0.0
1. Name: 50%
CARLOS ZOE CHUMAN and ROSA MARIA CHUMAN
As tenants by the entirety of
12615 SW 91 Street, Miami, .Florida 33186
I. Name: 50%
BRANKO VUCKOVICH and MARIA JOSE VUCKOVICH
As tenants by the entirety.of
337 Mallard Road, Weston, Florida 33327.
Managers-
1.
anagers:1. Name.:
Address:
2. Name:
Address:
3. Name:
Address:
4. Name:
Address:
CARLOS ZOE CHUMAN
12615 -SW 91 Street,
Miami, Florida 33186.
ROSA MARIA CHUMAN
12615 SW 91 Street,
Miami, Florida 33186.,
BRANKO VUCKOVICH
337 Mallard Road,
Weston, Florida 33327.
MARIA JOSE VUCKOVICH
337 Mallard Road,
Weston,.Florida 33327.
123,39
EXHIBIT "C"
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 41-6506489. 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 GOftEALEZ
April Rodriguez 5110 W 4 Street,
Lehigh Acres, Florida 33971
C�sn�� - (SEAL)
Nam Wi s: JORGE LUIS ILA
Ricardo Mart nez-Cid 5110 W 4 Stfreet,
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)
ARpO MARi1ND 4943
N ry Pub x. P� ,J80
'Tnry NouryP��
THIS INSTRUMENT PREPARED BY RICARDO MARTINEZ-CID, ESQ.
1699 CORAL WAY, SUITE 510, MIAMI, FLORIDA 33145
12339
EXHIBIT D
Description: Contract for adjacent property located at 2280 SW 32 Avenue
Miami, Florida: The closing is scheduled for September 28,'2002
1.2339
CONTRACT FOR SALE AND PURCHASE Data Prepared:6/24,'2002
PwRTIES = SHAMROCK AT TIM GABLES LLC a fiords Iuidted lisbillty eaepoe"ion. AND= ASSIGNS CBuyet" ). and CONQLU TADOR
PLAZA. INC- a Florida corporation ("Seller"), hereby agree that Seller shall call and Buvcr shalt buy the following real property ('Reil Przveny'l and
personal property f-paswaity") (collectivelv'ProtMNteems and upon the teeand conditions of this Contract tot Sale and Purchase ("Contac'), wnnc� Includes
3nv Ridersanached hereto.
1. DESCRIPTION OF PROPERTY:
A I.EGAL DeSCRIPTICFN OF REAL PKOPERTY: As usam pwiticuiarlycicteribed in that cerainitisedre=rclad in Official Recards Rook 194r— Page
2814, Public Recurds of Miami -Dade County, Florida. to be established by the render of Seller's must curreu Hovey and title insurance Polity
..-ithm fisc (5) days of the Effective Date, eorrsnoniy known as 2250-2280 SW 32 Avenue. Miami. Florida 33145, Tax Polio Numbers 01 •1116 009
1 RM and 01 4116 Ong 1430. '
B. Other Property RiWW Included: Plana and Specs prepared for Conquistador Ptxa by Galindo is Sulcto. dated April 1.:000. for a sixty (60) unit
apartment building (respectively the "Project,- the "Architect'the Klaus A Speea'l, all rigiw title and intersat in and to the General Contractor
Agreement -its Encore Services. Inc. and the agrearrxnt, if any, with Fidiss Pla ruff (haretnalter reapeetively the -Genera. Contractor." the
-C:ontiacror's Agreentan." His Engineer: and the -Project Engtneer's Agreemad-). all pemuu cvvenag the on going eonraucnan of an apartment
building on the Prupem-. including, without linnmtion. and the pertnus enurnersted in Exhibit 'A," attracted and by reference mode a pan hereof
t coNectnvciy the "Pc:rnus-) .
PURCHASE PRICE AND METHOD OF PAYMENT: �-. W
A. PURMASE PRICE
B. DEPOSIT to be held in escrow by RICARDO MARTINEZ-CID. TRUST ACCOUNT ("Escrow, Agent"):
1. Initial Deposit.----- 100,000.00
2. Additional deposit due within twerarfour (24) days attar the Effective Date..--. . S I00.000 x10 X10
3. Tool Deport, 200.000.00
C. BALANCE TO CLOSE, in U.S. Dollars in cashier's check issued by local financial irotinitiom'or in
certified cheeks certified by local financial institutions, subject to adjustments and prtmtroru _ ---� _53339 OOt790 3 �, r ' ��-
3. ACCE PTANCE: FACSIMILE: EFFEC'Tf VE DATE: If this offer is am executed by and delivered to all parties on a beforeJuric 24, 2002.the
Depesil will, at Buyer's option, be returned to Sir)= and this offer witbdtawu. Facsimile copse, of the contnet. signed Had minaied to counurpa:
shall be considered for all purposes, including delivery, as origuals. The-trffeetive Dare" of this Contract will ire (a) the date when the hat one
of the Buyer and Seller has signed this offer, or (b) i f changea in this offer (after signature) have been made and initialed by the parties, the data when
the lace one of the Suver and Seller bas Initialed those changes.
I) ATE AND PLACE OF CLOSING: This transaction shill dose on or before rdaity(90) days from the Effoexlve Date, unlet emended by other
provisions of this Contract ("Closing-), at the office of Buyer's attorney if said office is located in the county in which the property is located.
5. Et'IDENCEOFTITLE:
A. DEFINED: Evidence ofTitie skull be defined or.
(1) AN E.YIMNG ABSTRACT OF TITLE, prepared by a reputable and a xiong abstract flat (if ftrro is not existing, than
abstract must be certified as correct by an existing firm), purporting to be an see== synopsis of the instruments affeetn8 the
title to the Real Property recorded in the Public, Records of the county wbaein the Real Property is located, which "I
r conurtence with the earliest pubUt rceords ("Abstract' or
11 (2) iF AN EXISTING ABSTRACT OF TITLE IS NOT AVAMABLE. Sellar shalt provide to existing prior owner's title
mi urance policy qualified for use as a title ban for relevance of coverage an the Real Properly at the Purchase Price ("Prior
I�tV/ Policy") together with copies of all exception thereto and. at Sellers option. eider. (a) an aborted eontiuution fond the
c fecti ve data of the Prior Policy; or (b) a eoeriptaer title search printout and asnte ecateh pri,nauC ltam the etTecrive date of the
Prior Policy and certified to Buyer's dosing agent, together with copies of all doameennt teeitad in the Prior Policy and 'int be
- (3) ITN searcher or
(3) tF NEiT'HER AN EXISTING ABSTRACT NOR A PRIOR POLICY 19 AVAII.ASY„E; Sella shall provide, at
Seller's option, either (a) alternative title evidence acceptable to Buyer's closing -gait; or (b) a standard lith inearanee
convnitnscot issued by a Florida licensed title inwror agrectag to ague to Soyer. upon cuing ofthe deed to BuM, an owner's
Policy a(uitle insurance in the arnount of the Purchase Price, subject only to them tick exceptions set forth in this Corurset or
1 u which shalt be discharged by Seiler a or before Closing. if Seller provides a tide itsitenince emeadi■asoL Saba dull pay rhe
praaium for owner's title best policy.
B. CERTi riCAT1Ort. AtARKETABILrrY: Bvidem ofTide dWl be ardfied or brought amens tfreougir a dere dot asere drsat 30 de rs
prior to Closing. Evidence of Tis snail allow a marketable ddo of record in Seller, in weardsoce .with emretat title standards adopted by
Florida Bar. subject only to these thle ssceptlow perailteed by this Contract or which duw
ll be discharge by Seller at or before CSosioy
At Closing. Seller drip convey to Buyer a marketable Ude of, tie dsaernbed lo dais pasagsph
C. DELIVERY, EXAMINATION: Sellar, at Seller's e:tpe se, dell ddive Evidence ofllds to Bayer at lease Ancea (15) days prior to
Closing and if Evidence of TsUe is not received by Buyer W required, Boyer may delay the closing so that Bayer shall have up to fifteen
(15) days from due of receipt of EvidenceerTule to examine wda Buyershall examine Evidence orride within fifteen (15) days aRa
receipt thereof. mid Buyer stall, within the sante fifteen (1 S) day period notify Selo in writing of say thk defect if wry title defects
render the tide uninarkettable, Seller shell use dill" effort to cure well defects (including the bringing ofneasseary ratau)whhiaainely
(90) days boat receipt of ane% notice. KScU= vhaD tWl to eme arch ddvm withid the nfnety (90) days Peiod. Bayer shall have that etpdan
of (1) accepting title as it ir. or (2) demanding a refund of the Deposit. in which ecu, the Deposit WWI forthwith be ratut to Bayer.
and Buys and Seller shell be raliesed, as to each other• of all oblige I under this Cwwum Upon C7oemg, the evidenco of Tits shall
beco!re the property of the Buyer
6 BUILDING PERIII ITS TO BE E.iTZNDED, ARCnMCT AND GENERAL CONTRACTOR: Seller Ind Boyar sban work tagelha to
renew the building permit, which expires an July 9, 2002. Said rear wal will be at Buyer's arpeass, with the sabWrmicto of tate genual contractor
and project architect to be hired by Buys. In the event the parties an unable to emerd and pe rrisk Buyer troy Icseittd !Erie Agreanzok wilb the
immediate return of rho Deposit
RESTRICTIONS AND YASLASENTS; BUILDING AND ZOhIMG: (A) Bayer shall tele tick tadjeet to: (1) casing nswicdm impend by
govemmened autborit); (2) reaaietlerss said maters appearing an the pteL or driestica con alanto abs asbdtMsit n; (3) tastes foram your of c la,M. M
(a) asaureied tnongages and purchase noney tinertgsgeI If any: (3) restrictions, atlUty mem=o or either musters whiels ate sot railer tlts Udo
unmarketable or adversely affect the present use of the Peopeny (B) Seller warnrts that. N tin rima of (lode g, there aluli be no violation of
building or Tuning codes. If the Property is in such violation of suds codas, Sena scan pay for the expenses required to being the Property into
cce. lisnee wUh such codes at the mise of Closing
SURVEY: Buyer, within the timeallowed ferdslvtvyof Evidence of TWe and atanslnetien thereat maybave the Rai Properey aaveyed at Buyer's
expense. If the survey shown any encroachment an the Real Property or that the tntprover, to presented to be lieased an the Real Property in fact
12339
k orboadafaw
darris -vtoelayfoowicdmcmmm applicable troverramental reguiatun,4 the same
Mian he as a to dft tommart-able.
9. fmr-Xtn AND ECRM: Salta, covown; end warrants that then it Wgrqoo and egress to the Property over public roads -
M tXIMNC MORTGAC=t %after dW1 obtain, end litratish to Buyer so him don ten (10) der prior to Closuar. (a) an as I— for Mach
etre mp mortgage containing the necessary data for payoM and (b) far sourry finc IGML a wn= natenherif Atm the -wrtgart showing that the
account has been closed in accordstatee with haortgogee's requirarraints to beflitatit powff at Closm& Any preparnent perialtirs chiagod by
nwtple" snail be paid by Seller.
It. ACCESS &DELVERY OF]POSSLSSION: Seller warrarusand repossen that them are no panic$ to possession or with & nght to possession
of the honesty other than Seller-. and Saner " deliver possession of the Property to Buren at the am of delivery to Setter of the procreds of the
sale. but Adl and wMIc meess " be gramited, &* Buyer durrag the Due Diligence Period -
12. MMIRANCE. The prarournon any heard "trartance and flood insurance, holicra; m force eovennri"wrovernents of the Property. if say, shall
be r-roratted between parves, or the policici may be cwm*lod as Buyer may ekct- It insurance is to be prorated L Seller shall, an or before Closing.
forrusla Buyer all insurance policies at copitee that C. Seller SWI not be responsible if the mrarar cancels the pohetes
RISICOIFLOSS: If the improvitriverru are darnipgal by fire of other casualty before dellvery of the deed and can be restored to subact=ally-the
sum condition as now emitting " dm a period o(stxry (60) days tharsaft, ScHcramy restore the onprovernents and the Closmg shift be extended
accordingly. Irselterwit toso rer.M. the Property, Buyer titiall hm the option ef(s) taking the Proverry"as Is" condition toMhcr with the
insurance procadsifany, or(b)cianc: ling this Contract and the Depositshall forthwith be reautnedto Burow, and Rum and ScUtr shall be relieved,
as to each other, of all obligations under this Ctmnaet
14 MAINTENANCE., Between the E:Fecfiw Date and the Closing. the Property. incinAing lawn; sirrubbayand pool. If any. shall ritammined by Seller
in the condition as it cxtm am of the Effacrive Dole, ordinary war and test excepted
Is. ZSCROWACZKTt Any escrow apar ("AtIcat-) Including the Escrow Agent for the Dalsom remy4mg fktn& or equivalent rEswow Fun&"),
isamhorizedtoreceive the l2scrowPunds. hold the Escrow Prods in escrow. and. subject to clearance ill' m - ' - q the Escrow Funds oczardinS to this
COMMIL If spirt is in doubt a to Agent'& dude or liabilities this CAU&SM ASM may. U Ariist's option: (a) centime to hold the Iscrow
Funds until Buyer and Salter rnutual)y or" to its disbursesnant or cam a jadgmeas ofit Conn af=m'P'OM*'
of the parties: or (b) place the Escrow Funds law dwiegisby *(the eitwit stmt having lunsidictionofthe rl, sed interplead the parties
barving
on interest in the Escrow Funds. Upon notifying till intented intentpettier ofsuch actiort, all liability et
Ps"
to the extent of accounting for the Excrow Funds. if Agent is a I,nasuad mall Matic broker. Agent will cornoy with ther provisions of Chipw 475
F.S (1991), as assn led. Any suit beeweett Buyer and SMU wherein Agent is nods a party because of acting im Agent haimider, or ra 'my ant
wherein Agent places the Escrow Funds into the rgimyofthe cow and intapiestisthe interested parties, Allent shall recover renonable aasanty*z
fees and cam Incurred, which feta and costs shall be paid atom and out afibe Bee" Funds and citalted and swirded a eanit coatsinfIrvorafthe
P -t ding party. AN parties agree that Agent shall not be liable to any party or person for anadeliveryto Buyer or Seller of the Escrow Funds milm
such misdelivery, is d= to willful breach of the Contract or gross neftliftenct of Agent
16. CLOSING DOCUMENT M: Seller skill deliver to Bum it Closing, USeller's expense. (a) statutory 4wimnty deed. free and clear of all rrvwtcr
Wu and reservations for dratussM phosphate, minerals. nictals, peackvm and road right"f-way. whether. In favor of an individual or
9.1.60.ztal unit (waiver of right of entry man governanertial unit shall be sufscicat).: (b) Assigni"ent ofthe Plans & Sped, sisdoonfirnistmothat
they are *d in fall; W allststifnent ofContrator'll Agreement. and cionfintristion that there at Do put due ii—m-stiberamader:. (i),advoiciu
a
1 f all Permits. (d) affidavitattestingto the absence of hens or potential lienors known to Seller (c) Stisaffidiiirir.(I)SMarvitof
1 . "POOnaim (2)
Z,,,,,IRS form 10991S or such other fanny as rnsy be requffed by federal sovactnem Aon lima ftw. (h) FMPTA affidavin otew " 'on certisimisn'
as may be reoutred to exempt Seiler or any agent from the income in widtholtifing requirements or Seller shall authorize Buyer to withhold die
nceetrsaryamount. (i) assigrizient of all rights under the =MVM SCUCT111 CWKMCZW and archilew agr indernaity aratromot by Sofia. and
the undersigned president orSeller, to indernaffy wid hold Rowt hwnden for any cialm "a "id's sermal-an I mr.crigineatandilisr
architect. and (k) fmal mica, of sten by gertmi contractor, Project archdans. and Sertwof conwaou_
CLOSING PROCEEDS; ESCROW AND DELIVERY OFPROCMS:.Thewoce ofthe&tleimiudiistheDeposikdW]bcbeidbyStlkr*t
attorney, or by such other mutually acceptable escrow agent, for a period of not iortW than seven (7) days after Clostn& to allow Evkkn= dTsdc
to be continued m Buyer s expwac m show record title m Bayo to v er ing fie= encimstantacca, ordtficts which would railer Buyer's
title unrrprketable. tftitt* is revidered umnarketable through no fmh 16 Buyer. Buyer shelf. arI I id seven M days penod. not I ifySithertaultbe
agent in writing of the defect and Seller *aU have 3 o days horn time of. tat- pt of aueb noii ficatihn to cuts said defect . If Seller fails to nanely cum
said defect all montes paid hereunder. inchading the Deposaj; shall, upon writteadcossid tbcW*m MW within five (5) do" thatalfter. be raainred
to Buy= by escrow agent ar4 surtialtanwastywith such relsayincat, Buyer shelf vacaut the Property.Y to ScfkT by special evirtmay
deed. aid re tun the Personalty. If Buyer fails to lithely notify Seller of any such titledefeets, Bow duo take &it -AS �M-, waiving all, rigiftt
292mst Seller as to V-16 intervening 1 r,- except as nary be available to Buyer by i. ofwwMUhcsjf=YeoMVnedinthe d@*d. Buys Milli
be entitled to powasioh ofthe Property upon del way to Seller ofthe proceeds of0ii nle: vVitclishail be at Closing ifthe socrow, ef -1
iswitived. The escrow of efoaag proeseds; required bythis-Paragraph "I be waived ifthe Buyer rmaires *is iaanramee M=ain. adverse wtataas
pursuant to Section $27.7941, Florida Statutatfl"l). assrocoded. Seller shall have the right tomccrn Seller's ad procli6da of we in cashices
checks rental by local financial ftwWations If Sellar gives Boyer written demand for such cheeks at ism seven M dais prior to Casing.
VXPENSESt S me docurnentary Wrens and turtax an deed and the cast or recording any corrective Linatrurnator Shall be paid by SCOW
Docornentar-y stornpi; to be affixed to the neve secured bythe purchase rnancymontage. intangible tax on the purchase nioncynnartgage and the cost
of recording the dead and purchase trioney triontlage WWI be paid by buyer.
19 PRORATIONS: All prorations shall be attedc, so of Inl4night of the day preceding the Citiong. Real and personal property taxes shell be prorated
bond on the cwmtyear'3 tact with due allowmace bang trade forthe rrusxia u sUowabladWcmmwWfwbomeundaradurcx tion ifellh)"Fed
for said year. if dosing patina at a due when the carseat year's assessomm is not available, than is o shall be prorated based an the pn'w year's
tax. However, ifthaearc compined inissrovanctits an the property by JImmory 11*ofthe year ofClovoillt white in ctinsimm
on JanuwY I ' of the prior year. then the taxes shall be protrued based upon the prior yows milzue ad at in . . . . . . . anointment to be agreed upon
between thepantes. rinwever. any tax prorWtn based on an estimae mop ss abs of eithv parry a aYreadjusted upon -compt of
the tax bill. and staiscumcm to that erred will base forth to the closing mkwa=L Wrist: fen, -asoci fass, expenses and row"Uses of tine Property
Null Also boprorated
20, SPECIAL ASSEMMT MNS: Certified, coulInnod and radfled special assessment heris as ofClosiV4 wit to be paid by Sella. Paidang Uses
nefC3*mg*Wboassumed byBuya.provided, bowew,rims where the broraircmautbas been substardallycomplated asitful" HReeeivs Dftl,
such paidmg Uen sloall be considered as cartified orratifted and 3ellersball. at Closing be chat" and ' equalus"imetestinumby"pubho
body of the aseemernmet for " irnprovarient
21.
22.
�4-
PFRSONS BOUND; GMNDM FLORIDA LAW' The benals and obfiXtiaonii of this Comma idieff =We to and baud the Pnpccd" latimr
personal represtentatives. soccommors and.sellas of the ponies hereto When ever -cd, *0 ftgd- " -Cludift list plural. the plural singular. end
the — ofariygend- shall include all tenders. Phis Canmkd&WbepvwnedbytbelinneftMStmofF6�idL
DEFAMT: IfElayer bile to perform this C4Mmd whitit, the firitespecifigaill (inchadis dacpayment ofthe Dapadt).die Depo,oftmado--orep
tobenode byBoyer. any bemah,tedor recovered byarfor the aceemit of seller as speed Upon 4vidated dor ow as eoasideraamn for the
execution of this Contract and in full makenew of Seller's cishim wbastralams Dam and Seller d" be relieved, as to each other, *fail obl*MM
12339
a dY Coaaact oP Pao m ddb to aaiosc+Shca'aA-4:6.40.
met. ILforstayematotherthanAdime+rsdWtomoks�n lovd6Hpsta![xt.l�ertlilr.a+e�Mssasemiowiecou ect11"arney�romse
Psfe.eeo err elect to tseerva� eras aattsa of Btryet'a Gapers rrilhoot eery oetieraauhatg stem Seller's breech.
23. ArruRNO S ACLS ARID COSTS: is eaernactian -illi ferry titiptim (bteladi Sell
appeals sad itrs�phadsrs) 4 the Sdkr. Sura. lutuetg
_ brokes.eoopmannfsubelemofBnrkw.Buyts'sBeaker,arEsm wA{eikarrtiatgoatafthi$Cmnsaa.dwpeevuhugpwrysd&Ubscnntiedtoreeova
all emus incurred. including reasonable sworney's fees at trial and appdW& levels.
24 TIME: Tamer IS of the essence for all provisions of this Contact
Z. ENTIRE AGRMIXNT: TYPEWRITTEN OR IIANDWRI a I EN; NOT RECORDABLE. This Convect mcttdtns my exhibits and Rider
mnehsd, use forth theenture a;natre+u benwat 8u7a r+d Sella and co,asios aU of d+e eavemty, pronmea. .ata. te>umattadaa�, eondino^f
and umdcrxmndmS& 7ypowntten or itaadwrnum provisions inmted m this Cana= or.am coed bacto a e:bt'ba or Riders shell control tall pruned
pro.isiotn is eeallia wn-ith Ncidw this Caoaaet nee tray noticeof it "be noordad in any public recorder
.26 BROKERAGE: The parties repseuent and wasrm to end► other that they have not mw the services of s broker m eonnemon with this Contract.
acrd .(tree to indernaih tied hold eachother haratiw for say brdraraga t3aias
V. WARRANTY: Seller warrents and rep cMM that m these ere no few keaneet to ScW w kid matmally .Rea the value err doavabil"y of the
_ Property or coaQtenree the esmW*am tt of the Project, wfiieb aro no sca ily observable by Buys or which have not been disclosed to Buyer, at
w mvrg. 0i) the ►mneib atm goad sanding, and (iii) the Pim A Speer ism been paid in hell. wilt atzomqmymg Arcluteet't receipt.. These
was vartttes droll r Luvrve the Closing and shall be boding opera Seller and, paswn[Fy. upas the --Bac ctecrmng thn Ceautnct an its bebalf.
TNIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT
IF NOT FULLY UNDERSTOOD. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
BUYER: Date Signed by Huyer hme 24_ ±ODI
SHAMROCK ATTIRE GABLES LLC.
(COMPANY SEAL)
BY:
BRANKO VUCKOVICH. Manager
''
SELLER: Date Signed by Salter. ]we .1002
CONQUISTADOR PLAZA. INC. roj�uJt r
L (CORPORATE SEAL)
BY:
CIiRI H$R ASTRO, .President
29. DErOSIT RECEIPT: The Inmal Deposit in the amount of SIOO.ODO.00 (subject to elevanco) was received oa j ne 24.2_002 and #W be bold
and disbursed according to this Con act by the undersigned Escrow Age:n.
R.(CARDO MARTINEZ-CID. TRtn'f ACCOUNT ❑OS) 839-7494 By.
Firm name of Escrow Agent Telephone• (Authorized Sigsaory)
655 (Go , Ut�1t0uie14 �1-,)D erf�eb7»P.¢e e
1,2339