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HomeMy WebLinkAboutO-11828s 0 s J-99-456 6/18/99 11828 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 32 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3880 NORTHWEST 7TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting of May 3, 1999, Item No. 4, following an advertised hearing, adopted Resolution No. ZB 1999-0172, by an eight to zero (8-0) vote, recommending a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, 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; 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, Page 32, Article 4, Section 401, Schedule of District Regulations, is. hereby amended by changing the. zoning classification from R-3 Multifamily Medium Density Residential to C-1 Restricted Commercial for the property located at 3880 Northwest 7th Street., Miami, Florida, more particularly described as Lots 2 and 3, Block 1, DURHAM TERRACE SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 44, Page 55, of the Public Records of Miami -Dade County, Florida. Section 2. It is hereby 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 -2- 11828 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; (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. 32 of the Zoning Atlas, made a part -3- 118218 of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is hereby 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 hereby 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. Section 6. This. Ordinance shall become effective simultaneously with its companion Comprehensive Plan amendment (Ordinance No.11827 ), which takes effect thirty-one (31) days after final reading and adoption thereof pursuant to Section 163.3187(3)(c)., Fla. Stat. (Supp. 1998)." PASSED ON FIRST READING BY TITLE ONLY this 22nd day of June , 1999 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY y 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. -47 - 11828 P� this 2nd day of Augustt- 1 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of this legislation by signing it in the designated place provi(jed, I.c?r 1 now becomes effective with the elapse of ten (1 ."ays m the Ut commissf, regarding same, without the Mayor exercising o. ATTEST: WRltqQ-X8man,N;eit—y Clerk WALTER J. FOEMAN CITY CLERK TNESS:y", - 5 - i PZ-5 SECOND READING ZONING FACT SHEET Case Number: 1999-0205 03-May-99 Item No: 4 Location: Approx. 3880 NW 7 St. Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Hasred, Inc. Ben Fernandez, Esq. 200 S. Biscayne Blvd. #850 200 S. Biscayne Blvd. #850 Miami, FL 33131 Miami, FL 33131 App. Ph: (305) 377-6235 Rep. Ph: (305) 377-6235 ext Rep. Fa ext Zoning: R-3 Multifamily Medium -Density Residential Request: 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-3 Multifamily Medium Density Residential to C-1 Restricted Commercial Recommendations: Planning and Development: Approval Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: This case was recommended for approval to the City Commission by the Planning Advisory Board on 4/21/99. Analysis: Please see attached. Zoning Board Resolution No: ZB1999-0172 Zoning Board: Approval Vote: 8-0 1182City Coamission: Passed First Reading on June 22, 1999. 8 ANALYSIS FOR ZONING CHANGE Approximately 3880 NW 7" Street. CASE NO: 1999-0205 Pursuant to Article 4, Section 401 and Article 22 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: Lots 2 and 3, in Block 1, DURHAM TERRACE SUBDIVISION, (44 - 55), from R-3 "Multifamily Medium -Density Residential" to C-1 "Restricted Commercial". The following findings have been made: • It is found that the subject property is under the same ownership as the lots immedi- ately adjacent to the west, facing NW 7`' Street, designated C-1 "Restricted Commer- cial". • It is found that there are only three lots in this area with the R-3 "Multifamily Me- dium Density Residential" designation. • It is found that if this petition is granted, only one lot will remain with the R-3 "Multifamily Medium Density Residential" designation and it is also found that the City will include the aforementioned lot in the citywide revision to the Zoning Atlas that the Planning Department is preparing to be soon presented to the Planning Advi- sory Board and to the City Commission. • It is found that this petition to change the zoning designation is in order to have the same designation for all the property. It is found that the requested change to C-1 "Restricted Commercial" will increase the possibility of the subject property being enhanced in a manner which will directly benefit the adjacent area. Based on these findings, the Planning Department is recommending approval of the application as presented. k�, i 0 . 0 11828 ' 2 i R.Ct v r y 10 N W. 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IMMM".1 Miami Zoning Board Resolution: ZB 1999-0172 Monday, May 03,1999 Ms lleana Hernandez -Acosta offered the following Resolution and move its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS MENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF THE ZONING ORDINANCE NO. 11000, PAGE 32, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-3 MULTIFAMILY MEDIUM - DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3880 NW 7 STREET LEGALLY DESCRIBED AS LOTS 2 AND 3, BLOCK 1, DURHAM TERRACE SUBDIVISION (44-55) PUBLIC RECORDS OF DADE COUNTY; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. Upon being seconded by Mr. Juvenal Pina, the motion was passed and adopted by the following vote: Mr. George Barket Yes Ms. Gloria M. Basila Away Mr. Charles J. Flowers Yes Ms. lleana Hemandez-Acosta Yes Mr. Osvaldo Moran-Ribeaux Yes Mr. Humberto J. Pellon Yes Mr. Fidel A. Perez Yes Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz Yes Ms. Fernandez: Motion carries 8-0 AYE: 3 NAY: 0 ABSTENTIONS: 0 NO VOTES: C ABSENTS: t eresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1999-0205 item Nbr: y 11828 SECTION 2210. NATURE AND REQUIRE&S OF ZONING BOARD REPORT TO CITY CO SSION (CIRCLE APPROPRIATE CONDITIONS) When pertaining to the rezoning of land under application made under (n) The proposed change conveys the same treatment to the individual Article 22, the report and recommendation of the Zoning Board shall show owner as to owners within the same classification and the immediate that the Zoning Board has studied and considered, where applicable, whether area and furthers the protection of the public welfare; or not: (a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment; �DIhe proposed change is in harmony with the established land use pattern; (c The proposed change is related to adjacent and nearby districts; (d) na change suggested is not out of scale with the needs of the neighborhood or the city; fe) The proposed change maintains the same or similar population density vpattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, 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 \ Uchange 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; 6) The proposed change has the same or similar impact on drainage as the existing classification; J(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; C(m)Tbe proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations; (o) There are substantial reasons why the use of the property is unfairly limited under existing zoning; (p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. (MOTION) After considering the factors set forth in Section 2210 of Ordinance 11000 I moveAhat the request be recommended to the City Commission fb� APPROVAL (DENIAL). Signature y J Agenda Item 5/:!) 11=- :_' 11828 • CITY OF MI* OFFICE OF HEARING BOARDS * INCOAI IOATID " of 10�' APPLICATION FOR AMENDMENT TO ZONING ATLAS AND/OR OVERLAY DISTRICT SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES 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. NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. 1, RF.N FERNANDEZ , 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, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 3880 N.W. 7th Street 2. Folio number: 41050080020 3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 4. Affidavit disclosing ownership of property covered by application and disclosure of interest (see attached form). 5. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by this application. 6. At least two (2) photographs that show the entire property (land and improvements). 7. Present zoning designation(s): R— 3 8. Future zoning designation(s): C-1 9. Other (Specify and attach cover. letters explaining why any document you are attaching is pertinent to this application). 10. Statement explaining why present zoning designation is inappropriate. The property is on a busy major section line roadway and presently abuts property zoned C-1. This area has become increasingly commercialized and is not as viable for residential use as for commercial use. (see letter of intent) _ 11. Statement as to why proposed zoning designation is appropriate. The property abuts the C-1 zoning district and the rezoning would accomodate the expansion of the neighboring medical facility. 12. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 13. Other (specify): 14. Filing fep of $ 3,620.75 according to Section 62-156 of the Zoning Ordinance: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area ..... ............................................... $ .15 Minimum............................................................. :................................................... $ 635.00 R-3, R-4, O, G/I, HP per square foot of net lot area ...............................................$ .20 Minimum................................................................................................................$ 750.00 C-1, C-2, I, per square foot of net lot area..............................................................$ .25 Minimum............................. ................................................. .................................. $ 900.00 $ 3 , 2 9 8.7 5 CBDand all SD's, per square foot of net lot area ..................................................$ .30 Minimum................................................................................................................$1,000.00 Public hearing mail notice fees, including cost of handling and mailing per notice...................................................................................................$ 3.50 $1 61 . 0 0 x 2 (2 hearings) Signature TOTAL $3,620.75 Name Ben Fernandez, Esq. Address 20.0 S. Biscayne Blvd. , #850 Miami., Florida 33131 Telephone 305-377-6235 Date March 5, 1999 {._ 11828 produced STATE OF FLORIDA 10 COUNTY OF MIAMI-DADE Ile forego* g instrument was , by produced A. JIMENEZ .t MY COMMISSION # CC 71M ro: EXPIRES: February 24 2002 Bonded Thru Notary P'ft �yp*M STATE OF FLORIDA COUNTY OF MIAMI-DADE 0 me this '4� day of_ AkO- -CJ--? who is personally known to me or who has as identification and who did (did not) take an oath. N Commission No.: \­- My Commission Expires: The foregoing instrument was acknowledged before me this day of 19 , by f a He/She is personally known to me or has produced and who did (did not) take an oath. STATE OF FLORIDA COUNTY OF MIAIvU-DADE 0 corporation, on behalf of the corporation. as identification Name: Notary Public -State of Florida Commission No.: My Commission Expires: The foregoing instrument was acknowledged before me this day of 19 , by partner (or agent) on behalf of a partnership. He/She is personally known to me or who has as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: 11828 JEFFREY BERCOW BEN J. FERNANDEZ JANA K. McDONALD MICHAEL E. RADELL March 30,1999 0 • LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 200 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 DIRECT LINE: (305) 377-6235 Ms. Teresita Fernandez, Chief Hearings Board Office City of Miami Building & Zoning Department 444 SW 2nd Avenue Miami, Florida Re: Hasred Property Amendment of Comprehensive Plan and Rezoning for Lots 2 and 3, Plat Book 44, Page 55 Durham Terrace, Miami -Dade County Dear Ms. Fernandez: 99 PEAR 33 P3;% TELEPHONE (305) 374-5300 FAX (305) 377-6222 This law firm represents Hasred, Inc. (the "Applicant") with respect to the above captioned property (the "Property"). The Applicant is requesting a redesignation of the property from Multi -family Medium Density Residential to Restricted Commercial, and a rezoning of the Property from R-3 to C-1. This letter shall serve as the Applicant's letter of intent. The Property. The Property is located near the southeast intersection of N.W. 7d~ Street and N.W. 39f Avenue. The Property abuts an existing medical testing facility which is located on lots 4, 5 and 6 of Plat Book 44, Page 55. The Property is presently designated Multi -family Medium Density Residential on the Comprehensive Neighborhood Plan (MCNP) and is zoned R- 3, Multi -family residential. The Request. The Applicant requests a resdesignation to Restricted Commercial and a rezoning to C-1 for the Property. The Applicant intends to file an application for a special exception to permit the expansion of the existing SeaView Medical Testing Facility which abuts the Property. The redesignation and the rezoning apply only to lots 2 and 3 since the existing 11828 Ms. Teresita Fernan* March 30,1999 Page 2 0 99 VAR 133 P 1 4• 3? facility is already designated for commercial use, is zoned C-1 and has been approved for a special exception to permit the medical testing facility. Compatibility. The proposed redesignation of the Property and rezoning would be compatible with the surrounding area which is mostly developed with commercial uses along N.W. 7 Street, a major section line transportation corridor within the City. Based on the foregoing reasons, the Applicant requests your favorable recommendation concerning this application for a redesignation, and a rezoning of the Property. BF / anj cc: Dr. Stuart Harris Ms. Celina Alvarez Sincerely, 1., Ben Fernandez BERCOW & RADELL PROFESSIONAL ASSOCIATION 11828 0 • AFFIDAVIT STATE OF FLORIDA } ) SS COUNTY OF MIAMI-DADE } Before me, the undersigned authority, this day personally appeared who being by me first duly sworn, upon oath, deposes and says: BEN FERNANDEZ I. That he/sU i:6%ffeY,X6f the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to 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. 3. That the pages attached hereto and 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. ' Applicant's Signa STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 1991 , by eu 1 SPX n CL4-) GI. Q� of MU rG1-, a corporation, on behalf of the corporation. ' /She is Qersonally known to me or has produced as identification and who did (did not) take an oath. �ygfi A. JIMENEZ MY COMMISSION B CC 719M a' EXPIRES: FebnM 24, 2002 Bonded Th U Notary PWft UnftM ba My Commission Expires: 11828 OWNER'S LIST Owner's Name HASRED, INC. Mailing Address C/0 Ben Fernandez, 200 S.Biscayne Blvd. #850 Zip Code 33131 Telephone Number 305 377-6235 P Legal Description: Lots 2 & 3, Block 1, Durham Terrace (44-55) Public Records of Dade Co. Owner's Name Mailing Address Zip Telephone Number Code Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, 375 feet of the subject site is listed as follows:Partnership or privately) within Street Address Legal Description Lots 4, 5, 62 Block 1, Durham Terrace (44-55 ) Public Records of Dade County Street Address Street Address Legal Description Legal Description 11828 DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: Lots_2 & 3, Block 1, of DURHAM Terrace, according to the plat thereof, as recorded in Plat Book 44, Page 55, of the Public Records of Dade County, Florida. 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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, together with their addresses and proportionate interest. HASRED, Inc. 100% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375feet ofthe subject real property- Lots 4,5,6, Block 1, Durham Terrace (44-55) Public Records of Dade County XXWMXKIXAttorney f r Own r BEN FERNANDEZ, ESQ. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of M Q Y Ch 19� , by �17 �,V ri Cu7cUge of a corporation, on behalf of the corporation. She is ersonally known to me or has produced as identification and who did (did not) take an oath. ^s A. JIMENEZ My COMMISSION # CC 719590 a-' EXPIRES: February 24, 2002 Bonded Thru Notary Public Underwriters My Commission Expires: 11828 PERCENTAGE OWNERSHIP HASRED, INC. Revocable Intervives Trust of Ernest Harris Dated Sept. 1,1988 Stuart I. Harris, Trustee Dolores L. Harris, Trustee Robert Stamen, Trustee 35% Celina R. Alvarez 25% Stuart I. Harris 20% Danny and Andrea Shosfy 20% TT TEN WROS (cAsmart\owhasred) 11828 4044D :W4 4D db db+db jo "m VI i% Dt. �Cc qm ZD Wt=41 rAr I I 06/ 17,' 1995 10: 20 30532107585 0 CRAIG A. JASLOW, ESQ 0 PAGE 03 ARTICLES OF INCORPORATION LOA HASRED, INC. (a Florida corporation) ARTICLE I - NAME The name of the Corporation is HASRED, INC. (hereinafter called the "Corporation"). ARTICLE II - CAPITAI. STOCK The aggregate number of shares of capital stock which the Corporation shall have the authority to issue is 1,000,000 shares of Common stock, par value $ . 001 per share. Fully paid stock of this Corporation shall not be liable to any further call or assessment. ARTICLE III - MAILING ADDRESS The current mailing address of the principal place of business of the Corporation is 7901 Ludlam Road, Miami, Florida 33143. ARTICLE IV - INITIAL BOARD OF DIRECTORS The Corporation's Board of Directors (the "Board") shall consist of not fewer than one (1) nor more than five (5) directors, and shall, initially consist of two (2) directors. The number of directors within these limits may be increased or decreased from time to time as provided in the By -Laws of the Corporation. The name of the initial directors of the Corporation are Stuart I. Harris and Celina R. Alvarez. ARTICLE V - SPECIAL MEETINGS OF SHAREHOLDERS Except as otherwise required by law, special meetings of the shareholders of. the Corporation may be called only by (i) the Board, upon resolution duly adopted by a majority of the members of the Board, (ii) any person authorized in the By -Laws of the Corporation, or (iii) the holders of at least fifty percent (50%) of the outstanding shares of the capital stock of the Corporation entitled to vote generally in the election of directors. ARTICLE VI - SHAREHOLDER ACTION BY WRITTEN CONSENT Any action required or permitted to be taken at any annual or special meeting of the shareholders of the Corporation may be taken without a meeting, without prior notice and without a vote if such r ry 1182� A i 08/17/1995 10:20 3052207585 CPAIG 4. JdSLOW, ESQ PUGE 04 action is taken by the written consent of the holders of the outstanding shares of capital stock of the Corporation entitled to vote on such matter having not less than the minimum number of votes necessary to authorize or take such action at a meeting at which all shares of capital stock entitled present and voted. to vote thereon were CLE VII - INITIAL REGISTERED AGgENT The street address of the initial registered office of the Corporation is 9351 Fontainebleau Blvd., Suite B-307, Miami, Florida 33172. The name of the initial registered agent of the Corporation at that address is Craig A. Jaslow, Esq. TICLE VII - IN ORPORA The name and address of the Incorporator is Craig A. Jaslow, Esq., 9351 Fontainebleau Blvd., Suite B-307, Miami, Florida 33172. ARTICLE IX - LIMIT TIO ON IRECTO ARIL TY A director shall not be personally liable to the Corporation or the holders of shares of capital stock for monetary damages for breach of fiduciary duty as a director, except (i) for any breach of the duty of loyalty of such director to the Corporation or such holders, (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (iii) under Section 607.0831 of the Florida Business Corporation Act (the "FBCA„), or (iv) for any transaction from which such director derives an improper personal benefit. If the FBCA is hereafter_ amended to authorize the further or broader elimination or limitation of the personal liabilities of directors, then the liability of a director of the Corporation shall be eliminated or limited to the fullest extent permitted by the FBCA, as so amended. No repeal or modification of this Article IX shall adversely affect any right of or protection afforded to a director of the Corporation existing immediately prior to such repeal or modification_ TICLE X - INDEMNIFICATION The Corporation shall indemnify and advance expenses to, and may purchase and maintain insurance on behalf of, its officers and directors to the fullest extent permitted by law as now or hereafter in effect. without limiting the generality of the foregoing, the By -Laws may provide for indemnification and advancement of expenses to officers, directors, employees and agents on such terms and conditions as the Board may from time to. time deem appropriate or advisable. ARTICLE XI - BY-LAWS The Board shall have the power to adopt, amend or repeal the E 11828 08/17/2995 10:20 3052207585 CR44IG A. JASLOW, ESQ RAGE 05 By -Laws cf the 0 t�o�orati rP on or any -part thereof. TI L XZI - These AMEND ENT { Articles of Incorporation may be altered, amended repealed by the shareholders of the corporation in accordance with the applicable provisions of Florida law. IN WITNESS WHEREOF, the Incorporator has executed Articles of Incorporation of Hasred, Inc. this llth day of Augus-thete 1995. Craig A. slo , Esq. Incorpora r CONSENT OF REGISTERED AGENT OF HASRED, INC. The undersigned, Craig A. Jaslow, Esq., whose business address is 9351 Fontainebleau Blvd., Suite B-307, Miami, Florida 33172, hereby accepts appointment as the initial registered agent of HASRED, INC., a Florida corporation, and accepts the obligations provided for in section 607.0505, Florida Statutes. Craig A. J to , Esq. -� �, co Reg istere g t r r C'a y' 4 C r rnx. 3 ;0 �P am c0 ® �9R Yt3$ Aiii3 1999 FES 74 1412- e9$wig CJ' �,�•• �L�'a u31Vd srnwt >o Ia.rMr A 10 5- o o a- O 3 0 B a.r.w - o L a? t w 14 Warranty anLy ]Deed 19�' w.D.r Between J fmdeaturu. Aafa00 this t dwY of t MSAAT-szv=,rrR CORP. a oorpordcion ex;acirag under the lower Of th. utt:ate of Ft+0ft%0^ dl dw a..ry a" 142 ANIT - DADLF . aeu of F 1 o r 1 da . QTaotar. ..a H"RFD. INC . Is Corpora.tiort 03cleuing under the lards of tits eta-e of FLORIVA ttrww•reddresfw3&60 KW ') STRUMT, MIAMY, rlurid.w 33126 wfdrfC+r"4et iKIAM1-DJ%DLr r tuneof Flcrid& f g'ossK- where letb that ore OVANTOR, fer O / : TBaf catrrr'A sip ubb am cr 4 ($1 Q . O t7) - - - - - - - - - - - tavat.wus. oats wdm sower sw vpuaMe a&rwtd.ra.bA err aaAUTOa to woos Pow try ORA%-ME- '•aaeQ. Dst arrtf•d, ber"Jawd anA •eht to 04 fr.d GRAPrr= 'and GM?"T88'7 ewoae•ao.a •n4 awyrw ta,•var, .Re ni.0a-otew dots AinQ ued •ctt.saa. WNy eattl betww .w the Cerwnr e! MIAM= -DADii @awn or Florida w �� Iota 2 and 3, i,n Gioak i, DURHAM 'r"RRACF., aaaordIng Cc the Plat t.haroof, as rWuQrdod Ln Plat oaok 44, art Paige 53, of rho public RaCorclw nr f4lam- -Dade County. Plorida. atabi eCr. r v rtetrs et stainer, XVV6Y't16.0 ions and "Moe•ment: a Of rvr orci, if arty. and taufts oubswqutAnti t0 1998. zllilr ffvr4 t pQ to ALJ rTx�r 1rSY CLDa DARE CwxfM �•eCp+aKd N p..wr.... ..c,.-.s pear. Ott a.. Aa •ague. � > C. VAV . f ia,r...,wt." • .. •a.Mt . eed Ye c •wear d.re• ltarvor "IY wvt.,o awe pH• .a anti Is". and •rttt doo nd ow —" •war+• •.wti,t ..fa.w.a ..r .0 F—... �w..w.•u...•. iss Vt'It1aMs W ereotr Om er.aror nap hso.raue set eta Rana aim esel ow ..ay .we "or flt•t ■bon. -ritw- R*wmd afaaled and iv 1 i.a mar prwwns.as: MIAMI - ter- YEItIT7-I CORP. Printed iv ►ntw: o A �DrteaideTzt ul to 0 �I r 0 r..M.,. MVd Onus 20J Ksa mta .t n..rt.) r t •'t n od or l t sse ee �_ $TINS OF rLORI>QA Cvravrfwt + Seaal ; COYJNTV VF m;jLm7: -nuns Than aaraae•aa Mwwwwwom trot atanewiaoa pa uwfbtn awe Zhu -Or dsY ,rf �..ft�►.,M�A.r . I!G'{a{ w• A-JWWbcf C L. O , �d 4$� -PCV-b'* drn4 o.0 jr4l A► t + - tyv errs & j t .-f aw.w t• pam°•w 4p' I-..rw t,. rw• or ..A.. w•, n...?.w.a hip 't► e f ptwerlw rr . 04ia00 M .�—_ .. 001 tray a�v PRlra. t•r��efl�aot f Oda Is. I= tt 7'aC)zAwr p;..weec a wTg or FLpA>'a ft MWI. R )f A e 7 spew tiew "Imp 6Afwa 0000 ewre t HLLEH k lD GiALE13Li :4C14 F02 1-4HP 05 ' D'D 11 : 1 _ CLOSING STATEMENT DATE: February 22, 1999 SZLZXR: Miami -Seventh Corp. BUYER: Hasred, Inc. PRQPERTY: Lots 2 & 3, Block 1, Durham Terrace, Plat Book 44, Page 55, Miami -Dade County, Florida CREDIT SELLER SELLING/PURCHASE PRICE $ Certificate of Use - $215 184.37 313 days Deposit Documentary Stamps on Deed Surtax on Deed Real Property Taxes - Based on 1998 taxes 52 days at $18.96 per day Rent Prorati.ons - 7 days (2/22 - 2/28) $3,740 per month Tenant Security Deposits Record Satisfaction of Mortgage Title Evidence Holdback Subtotal BALANCE DUE ESOM BUYER CREDIT BUYER 25,000.00 2,010.00 1,507.50 985.92 935.00 1,425.00 6.00 200.00 2,00.0.00 $ 34,069.42 $ o � 7 _0-51- r,�-90-1 _= HLLD I k ID 13ALEGi=1 li i 1 F'=�- f PP 05 7 �'3 0 DIgBURSZMVXTS FOR SELLER'S EXPENSES To be made by Allen & Galego Mortgage Payoff to Beverly J. Campbell,, as Trustee Under Trust Agreement dated November 8, 1991 14,475.58 Certificate of Good Standing, to Allen .& Galego 51.00 Miscellaneous Costs, to Allen & Galego 150.00 Attorney fees, to Allen & Galego 3,250.00 Attorney fees on other matter, to Allen & Galego 5,504.19 Total ,,,E $ 23,431.17 NOTES TO CLOSING STATEMENT 1. Seller shall be responsible for all commissions due to The Daniels Group, or otherwise. The Daniels Group shall retain its commission of $20,100.00 from the Deposit it is holding and deliver the remaining $4,900.00 to Seller by check payable to Allen & Galego Trust Account. Accordingly, Seller is to receive (a) Balance Due from Buyer of $301,114.95, plus (b) the excess Deposit from The Daniels Group of $4,900.00, less (c) Disbursements for Seller's Expenses to be made by Allen & Galego of $23,431.17, (d) for a total of $282,583.78. it is Seller's responsibility to insure that it receives said check from The Daniels Group and said total from Allen & Galego, and Buyer and its attorney shall have no liability therefor. 2. In the event the real property taxes for 1999 differ from that set forth above, the parties agree to re -prorate among themselves, and pay the difference to the other as appropriate, promptly upon the written request of either party. Request from Buyer shall be delivered to Seller's attorneys. 3. Seller shall pay all utilities, water and sewer, maintenance, taxes and other costs through February 21, 1999. Buyer will use the �2,000.00 holdback to pay Seller's required payments, and will deliver the excess to Seller, by check payable to Allen & Galego Trust Account. 4. Seller is responsible for and.,gediate'' ..ems the Mortgage recorded in ORB 9191, Page 1857 and owned and held by Beverly J. Campbell, as Trustee Under Trust Agreement dated November S, 1991. Allen & Galego., attorneys for Seller, shall immediately disburse from the closing funds and deliver the payoff amount of $14,475.98 to Beverly J. Campbell, as Trustee under Trust Agreement Dated November 8, 1991. in the event said amount is not sufficient to completely pay off said Mortgage, Seller shall be responsible for and shall immediately pay any additional amounts required. Allen & Galego shall insure that such required additional amount, if any, is paid from Seller's funds. Seller and 118 5-=3_1 +1711^ HLI-DI HFILI I ALDC H1HP. 11:1' Allen & Galego have a duly executed Satisfaction of Mortgage from Beverly J. Campbell, as 'Trustee under Trust Agreement dated November 8, 1991 as to said Mortgage, which they are duly authorized to release to Buyer released to Buyer at Closing.J�t 5. Seller authorizes and directs the Balance Due From Buyer to be paid to Allen & Galego Trust Account, and acknowledges and authorizes the foregoing disbursements to be made by Allen & Galego. Allen & Galego represent that it is authorized by Seller to sign this Closing Statement on behalf of Seller, to receive the Balance Due From Buyer and to make such disbursements. Seller and Allen & Galego confirm that Seller has received payment in full from Buyer, and that Buyer and its attorney. shall have no liability or obligation to Seller in connection with said disbursements. Miami Seventh Corp., a Florida corporation By: Nora Galego , Authors d Representative Hasred, Inc., a Florida corporation By: Stuart 3 U ar s, President Allen & Galego Hy: Nora Galego ADDITIONAL SUMS DUE FROM BUYER Owner's Title insurance Policy $ 1,750.00 Documentary Stamps on Deed 2,410.00 Surtax on Deed 1,507.50 Recording Costs 12.00 Total $ 5,279.50 Buyer to provide check at closingfor the foregoing .amount, payable to Craig A.,Jaslow, Esq. Trust Account. 3 11828 0 • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11828 In the.....................XXXXX ........................................................... Court, I s Puublished iq said pt?wspaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised on, irm or corporation anFp=l unt, rebate, co n or ref nd for the purpose of this adv m t for pu Iication in the said ne., me 9 SnM!ubscribed before me this ........day of............./../........................................... A.D.19...... yct�lw .Gdn++►........................ (SEAL) ., ,Ry P& OFFICIAL NOTARY SEAL CHERYL H MARMER Octelma V. Fe yre ; 41139 knmal+tttiamN NUMBER Q CC545384 BAY COMWSSIOI•' r"vIR£S of FVO APR. 12,;'`1" s 9'�Y ®F i11p1 i41 4KL ORODA All interested persons`will take notice that on the 2nd day of August,. 1999, the City Commission of Miami,,Florida adopted the following ti- .tled ordinances: ORDINANCE NO. 11826 ' AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 24 OF THE ZONING ATLAS'OF THE CITY OF MIAMI,: FLORIDA, BY, CHANGING THE -ZONING CLASSIFICATION FROM ,: G71 - ,GOVERNMENT. AND INSTITUTIONAL ; IN ORDER TO ADD 'SD 10-JACKSON MEMORIAL -'HOSPITAL MEDICAL- CENTER .OVERLAY' . DISTRICT FOR THE , PROPERTY LOCATED AT APPROXIMATELY 1975 NORTHWEST 12TH AVENUE, MIAMI, . FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A .SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11827 AN ORDINANCE,.OF- THE. MIAMI CITY (,WMMiSSION AMENDING THE FUTURE LAND USE - N rAP OF TH , COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE" aNb USE DESTINATION OF 'THEEROPERTI(n COCATED`'AT APPROXIMATELY 3880 NOF3TtiHWEST 7TH,= i STREET, MIAMI, FLORIDA ..FROM, MEDIUM DENSIT`n RESIDENTIACTO RESTRICTED COMMERCIAL"; MAKING FINDINGS;' DIRECTING" TRANSMITTALS -TO AFFECTED AGENCIES;' CONTAINING A, REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO 8' AN ORDINANCE ,OF TH WMIVri' COMMISSION AMENDING PAGE NO. 32'OF THE ZONING ATLAS OF THE, CITY OF MIAMI, FLORIDA, BY CHANGING THE ,ZONING CLASSIFICATION FROM R-3' MULTIFAMILY ILY MEDIUM . DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY .LOCATED 'AT AP 1 PROXIMATELY 3880'NORTHWEST -7TH STREET, MIAMI,- FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER { I PROVISION ''AND, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11829 AN ORDINANCE OF THE -MIAMI CITY COMMISSION 'AMENDING .THE -FUTURE LAND USE MAP OF THE;--_� COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING' THE_.LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 16, 20, . 24 AND 28 NORTHWEST 36TH COURT, MIAMI, FLORIDA, FROM DU- PLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING 'FINDINGS, -DIRECTING TRANSMITTALS TO ' AFFECTED AGENCIES; CONTAINING A REPEALER j PROVISION - AND A SEVERABILITY . CLAUSE; 'AND. PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO..118301 AN ORDINANCE OF THE MIAMI CITY COMMISSION I AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF THE CITY OF MIAMI; .FLORIDA, BY CHANGING THE ZONING j I CLASSIFICATION FROM' R-2 TWO-FAMILY RESIDENTIAL AND .SD-12 BUFFER. OVERLAY DISTRICT TO _ C-1 RESTRICTED.COMMERCIAL -FOR HT PROPERTY ' LOCATED .AT APPROXIMATELY 16120,* 24, AND '28 NORTHWEST 36TH COURT,"MIAMI, FLORIDA;1 MAKING FINDINGS; CONTAINING A REPEALER'PROVISION AND A SEVERABILITY CLAUSE;-. AND PROVIDING 'FOR AN EFFECTIVE DATE. ORDINANCE.NO. 11831 AN ORDINANCE OF THE MIAMI ._CITY COMMISSION AMENDING ORDINANCE N0. "11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 25 DEFINITIONS, IN ORDER TO MODIFY THE DEFINITION OF ."CLUB OR LODGE" TO ALLOW CLUBS AND. LODGES,. INCLUDING PRIVATE CLUBS AND LODGES, TO BE UTILIZED FOR BANQUET FUNCTIONS BY THE PUBLIC; CONTAINING A REPEALER Donvicinni Arun CFVFRARII ITY CLAUSE: AND