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HomeMy WebLinkAboutR-90-0977• J-90-1027(b) 11/20/90 RESOLUTION NO. 9 0 - 977 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE SPECIAL EXCEPTION, FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, PRINCIPAL USES AND STRUCTURES, TO ALLOW THE CONSTRUCTION OF NINE (9) DWELLING UNITS IN FIVE (5) STRUCTURES ON THE PROPERTY ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY), AND LOCATED AT 3373 S.W. 28 TERRACE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 14, 15 AND 16, BLOCK 2, POMELO PARK, AS RECORDED IN PLAT BOOK 5 AT PAGE 60, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE, SUBJECT TO TWENTY-TWO (22) NEW 14' MINIMUM HEIGHT MAHOGANY OR OAK TREES, 20' ON CENTER, ADDED TO THE THREE SIDES OF THE PROPERTY NOT FACING THE STREET, AND THE PROPOSED MASONRY WALL ON THE WESTERLY AND NORTHERLY PROPERTY LINES TO BE STUCCOED AND PAINTED ON BOTH SIDES, SUBJECT TO LANDSCAPE REVIEW BY THE PLANNING DEPARTMENT; FURTHER, REQUIRING THAT A BUILDING PERMIT FOR SAID CONSTRUCTION BE OBTAINED BY MARCH 2, 1991. WHEREAS, the Miami Zoning Board at its meeting of October 15, 1990, Item No. 1, duly adopted Resolution ZB 86-90 by a eight to zero (8-0) vote, granting a special exception, as set forth herein; and WHEREAS, a Homeowners Association has taken an appeal to the City Commission from the Zoning Board's decision; and WHEREAS, the City Commission, after careful consideration of this matter, notwithstanding the decision of the Zoning Board finds that the application for a Special Exception does not meet the applicable requirements of Zoning Ordinance No. 9500; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. CITY COMMISSION MEETING OF DEC 6 IM 1 WOW=ILgo- 9LI Section 2. The decision of the Zoning Board in granting a special exception from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 1 of 6, Principal Uses and Structures, to allow the construction of nine (9) dwelling units in five (5) structures on the property zoned RG-1/3 General Residential (One and Two Family), and located at 3373 S.W. 28 Terrace, Miami, Florida, also described as Lots 14, 15 and 16, Block 2, POMELO PARK, as recorded in Plat Book 5 at Page 60, of the Public Records of Dade County, Florida, as per plans on file, subject to twenty-two (22) new 14, minimum height mahogany or oak trees, 20, on center, added to the three sides of the property not facing the street, and the proposed masonry wall on the westerly and northerly property lines to be stuccoed and painted on both sides, subject to landscape review by the Planning Department; further, requiring that a building permit for said construction be obtained by March 2, 1991, is reversed and the special exception is hereby denied. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 6th day of ATTE IRAI, CITY CLERK PREPARED AND APPROVED BY: G:AIRTAM MAER V CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: /\ N V JCftGg L. RNANDEZ C11rY ATTOF EY GMM/rcT7M1902 VIER L. Defemb�r , 1990. Z , MAYOR 'i+iAe� i _2_ 90- 977 1i Pza19 ZONING FACT SHEET LOCATION/LEGAL 3373 SW 28 Terrace Block 2 Lots 14, 15 & 16 POMELO PARK (5-60) P.R.D.C. APPLICANT/OWNER Robert S. Geiger, Trustee 1110 Brickell Avenue Miami, FL 33131 Phone 372-1110 Leonard A. Ral by 2620 SW 28 Street Miami, FL 33133 Phone 444-5085 ZONING RG-1/3 General Residential (One and Two Family). REQUEST Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 1 of 6, Principal Uses and Structures to allow the construction of nine (9) dwelling units in five (5) structures on above site, as per plans on file. RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL SUBJECT TO PLANS ON FILE WITH TWENTY TWO (22) NEW 14' MINIMUM HEIGHT MAHOGANY ORW — ., UF THE PROPERTY NOT FACING THE STREET; AND 7W PAINTED ON BOTH SIDES. e subject reques ss consistent with the future land use element of the Miami Comprehensive Neighborhood Plan 1989- 2000 and the intent of Zoning Ordinance 9500 which specify a maximum density of 18 units per net acre. The applicant has satisfied the parking requirements of the Planning, Building and Zoning Department, by providing a total of eighteen (18) spaces. A field check revealed that there are royal palms, coconut palms, oak trees, etc., on the property, which should be protected within the site. 90•- 977 C 0 PUBLIC WORKS DADE COUNTY TRAFFIC AND TRANSPORTATION ZONING BOARD No dedication needed. No objection. At its meeting of October 15, 1990, the Zoning Board adopted Resolution. ZB 86-90, by a vote of- 8-0, approving the above, subject to conditions (1) Grant until March 2, 1991 to obtain a building permit. (2) Providing twenty-two (22) new 14' minimum height mahogany and oak trees, 20'-0" O.C., added to the three sides of the property not facing the street. (3) Providing the proposed masonry wall on the westerly and northerly property lines, painted and stuccoed on both sides. (4) Landscape approval by Planning staff. Four PROPONENTS were present at the meeting. Six replies AGAINST and five in FAVOR were received by maid. 9 0 - 977 1 '. S 10 : 2 / V t , s• !1 ♦1 36 Za 2S t !! so 42 31 29 24 1• All"I 2 6 TER Z ' s s{ ♦t ♦, H Io tI 1► • 4 aSIB ILI o 1141 Q 11 • •. Y s • 3.M. 2T. S T • 2� t� � 1 0 . 2 . ♦ ' !t R w 10 71 7 2 1I •I N w is w 97 N'9 me to 110 III Itt 27 k T. ! 3 = 4 ,� R • ►. •1 1a 100 fail III • •: 67 1! 1 sI 101 106 114 2i 23 ?• 2S tt ; ♦ ' • •! se 7t 1 M sit lot 10t 111 Y• t { w 1 s♦ {• 71 17 •o fl Io! 10♦ 114 _ • 20• ZT T E R O U S E Y j 2 200 207 •It♦ I62 1b ♦It 1 n JE / I 210 20• I 1p I{I' s0 141 1I4 u{ O A D E sit t , IN I" Iss 141 M L A S Ri 1I � 12 YONSTRAT r- to It{ 1.1 I{• 1s• Iq q• Ito N SCHOOL 2 all Jim 1n 1110 m a IIt 121 N z { ' at* Iso 11s 167 1I4 Itt its am 11, 171 we III M K177 1I2 TRACT"A • 3 = III 1 • ti Itt 11I 17{ 170 • t h = ' N • t 1t• Its Elm 11I m 17t 171 Lai Ia Mid? In Ip t10, .. .. •, CLIV[L11110 JL ST. - o • 1♦ I. tl �! 3 1• 17 ! _1• it • 7 20 tI 22 10 :! 11 2♦ 1 ®tea l Q© ©I NMI 7 • I ♦ I t w 1 1 Y ', '' 1 1 1• 1 t t0 12t; S.W. 2'8 4v t0 :o ' s v, ■tea �® 0 .�� %p booloof I �c�srs now go 411 �* 3207113, �. is; -; tom �r October 29, 1990 Ms. Gloria Fox Hearing Board Division 275 NW Second Street Room 226 Miami, Florida 33128 Dear Ms. Fox: This letter will serve a written notice to appeal the decision of the Zoning Board on Monday, October 15, 1990 with reference to Item #1 on the Agenda: 3373 SW 28th Terrace Block 2 Lots 14, 15, and 16 Since this application is based on getting a Special Exception as listed in Ordinance 9500: "Within the City generally, or within certain zoning districts, certain structure uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, AND IN PARTICULAR, TO PROTECT ADJOINING PROPERTIES AND THE NEIGHBORHOOD FROM AVOIDABLE POTENTIALLY ADVERSE EFFECTS. It is further intended that the expertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Class D Special Permits and Special Exceptions." 90-- 977 Ms. Gloria Fox Hearing Board Division October 29, 1990 Page 2 we oppose the decision of the Hearing Board for some of the following reasons: 1) This proposed "cluster" project would definitely have a NEGATIVE HAPACT on this neighborhood, specifically referring to the "Adverse Effects" stated in the Special Exception paragraph. 2) This neighborhood consists of one- and two-family homes and adding these five structures on these three lots would definitely be taking a LOW DENSITY property and converting it to the maximum HIGH DENSITY. We do want this to set a precedent, as we have many low density properties in this area, and this petitioner has already approached three other owners. 3) The street this proposed "cluster" project is on is only thirteen (13) feet wide and the ingress and egress of all the traffic it would create would cause a POTENTIAL HAZARD TO THE OCCUPANTS OF SOUTHWEST 28th TERRACE AND THE ADJOINING STREETS (Southwest 28th Street, Southwest 34th Avenue, Southwest 33rd Avenue, Southwest 33rd Court, and Southwest 29th Street) as Southwest 28th Terrace does not have direct access to major street. We would like to request this appeal be heard after 6:00 p.m. Sincerely, POMELO PARK HOMEOWNERS ASSOCIATION Betty Rivera Otero Representative �..�- E, 9 Ms. Gloria Fox Hearing Board Division October 29, 1990 Page 3 P.S. Enclosed you will find copies of a petition circulated in our neighborhood with ONE HUNDRED AND EIGHTEEN (118) SIGNATURES showing our organized support of this opposition. As owners of property in the City of Miami, and as voters in the City of Miami, the .undersigned express their opposition to the decision made by the Zoning Board on October 15, 1990 relative to 3373 SW 28th Terrace, Block 2, Lots 14, 15, and 16, POMELO PARK, (5-60) P.R.D.C. We look to the City Commission for defending our rights as citizens and taxpayers trying to protect our neighborhood. NAME ADDRESS00,4.j QL )IL kz-�O— e4j • , • As owners or property in the City of Miami, and as voters in the City of Miami, the undersigned express their opposition to the decision made by the Zoning Board on October 15, 1990 relative to 3373 SW 28th Terrace, Block 2, Lots 14, 15, and 16, POMELO PARK, (5-60) P.R.D.C. We look to the City Commission for defending our rights as citizens and taxpayers trying to protect our neighborhood. NAME 'I- �)� ADDRESS 3 3 G'/ .w -/ 1 x' Y sr' 9 7 -E na L '�od 3 Z 93S�- 37 ,� , ,,S • 3 3 FAG i_d 3 „A 5 w 33 MV As owners of property in the City of Miami, and as voters in the City of Miami, the undersigned express their opposition to the decision made by the Zoning Board on October 15, 1990 relative to 3373 SW 28th Terrace, Block 2, Lots 14, 15, and 16, POMELO PARK, (5-60) P.R.D.C. We look to the City Commission for defending our rights as citizens and taxpayers trying to protect our neighborhood. NAME ADDRESS As owners of property in the City of Miami, and as voters in the City of Miami, the undersigned express their opposition to the decision made by the Zoning Board on October 15, 1990 relative to 3373 SW 28th Terrace, Block 2, Lots 14, 15, and 16, POMELO PARK, (5-60) P.R.D.C. We look to the City Commission for defending our rights as citizens and taxpayers trying to protect our neighborhood. NAME ADDRESS O W4 /7w. 2..Z .34 7 V w 3 �.•�,r�, s PETITION As owners of property in the City of Miami, and as voters in the City of Miami, theundersigned express their opposition to the decision made by the Zoning Board on October 15, 1990 relative to 3373 SW 28th Terrace. Block 2, Lots 14, 15, and 16, POMELO PARK, (5-60) P.R.D.C. We look to the City Commission for defending our rights as citizens and taxpayers trying to protect our neighborhood. NAME ADDRESS 3376 sup .2R �gWfT" tt- -- A n ,:Z,? r , 3 3q 3 s T- Lpc 3H- ' � 90- 977 As owners of property in the City of Miami, and as voters in the City of Miami, the undersigned express their opposition to the decision made by the Zoning Board on October 15, 1990 relative to 3373 SW 28th Terrace, Block 2, Lots 14, 15, and 16, POMELO PARK, (5-60) P.R.D.C. We look to the City Commission for defending our rights as citizens and taxpayers trying to protect our neighborhood. NAME ADDRESS 7i J7���✓.� JE, 0 S J 7 ,7 6 ., l %- -: 1 S 1 - ell 7` As owners of property in the City of Miami, and as voters in the City of Miami, the undersigned express their opposition to the decision made by the Zoning Board on October 15, 1990 relative to 3373 SW 28th Terrace, Block 2, Lots 14, 15, and 16, POMELO PARK, (5-60) P.R.D.C.. We look to the City Commission for defending our rights as citizens and taxpayers trying to protect our neighborhood. NAME ADDRESS Q074r,ck alV,6t, 1-4410 va -'-d lerr. ff. MM � ff'' OT 90- 977 As owners of property in the City of Miami, and as voters in the City of Miami, the undersigned express their opposition to the decision made by the Zoning Board on October 15, 1990 relative to 3373 SW 28th Terrace, Block 2, Lots 14, 15, and 16, POMELO PARK, (5-60) P.R.D.C. We look to the City Commission for defending our rights as citizens and taxpayers trying to protect our neighborhood. NAME �ef-r--4 J�-) 1 1 ,33 '73 ,s-&J d r )z Q. 3 2,E37 2 F 9 7 -S)y''('( �I PETITION As owners of property in the City of Miami, and as voters in the City of Miami, the undersigned express their opposition to the decision made by the Zoning Board on October 15, 1990 relative to 3373 SW 28th Terrace, Block 2, Lots 14, 15, and 16, POMELO PARK, (5-60) P.R.D.C. We look to the City Commission for defending our rights as citizens and taxpayers trying to protect our neighborhood. NAME ADDRESS TIN t� . e l - M_ aeila --ten �wf-e-�� 0 3 h 11 0 APPLICATION FOR A CLASS 0 SPECIAL PERMIT OR SPECIAL EXCEPTION File Number DSE-83- Within the City generally, or within certain zoning districts, certain structures, uses, mWor occupancies specified In this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so; the special Iimitation4 condition.4 and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adyoining properties and the neighborhood from avoidable potentially adverse effect& it is further intended that the expertise and judgement; of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and iimttattons relating to Class D Special Permits and�Special Exceptions. (See ArticloJS Format public notice and hearing is not mandatory for Class D Special Permits, but is mandatory for Special Exceptions. In other respects, these classes of special permits are the same. The Zoning Board shall. be solely responsible for determinations on applications for Class D Special Permits and Special Exceptions. All applications in these classes of special permits shall be referred to the director of the Department of PIanning for his ~recommendations and the director shall make any further referral: required by these regulations. 1, Robert S. Geiger, Trustee hereby apply to the City of Miami Zoning g c for r cppr of cheat one Class 0 Special Permit XX Special Exception for property located at 3373 S.W. 28th Terrace, -Miami, Florida 33133 Miami. Nature of Proposed Use (Be specific) The development and construction of four (4 ) duplex and one (1) single family residences in the PG-1/3 zoning disrtict for a total of nixie (9) dwelling units. 0 �j 1 all= the foilowinq in seaport or excionasioa.cf "this cMicci= xx I- TWO surveys- of the Tal-CM iYPIMM by a State of FiarWa Registered i.= xx Z Few -or. site pion snowing (as required) property baszuka iee, existing aezc pcgposed ste ers). P � ! _ sesesning, etc Widinq eievatfont (if regeureo} with dit:sensions 010 0.022tu6066ora of tot area igros= and nevi, i_L'1 rarias (open she. f ioor area: poricincs etc.4 huilciinq arm heighs enwkce. Seo sscttaa =4.Z..t4a. •canon aria discios:ae of XX 3. Affidavit � ownership of properly' covered 5y eppu interar fW as, (Form 4-63 arut actm t to XX .16 CarMed list of awnec of reoiestate within 377 radio:a from the outside boundaries- of pro;= ry covered. by this appiieatton. (Sale Form- 8-83 and. Ir - to xx S. At feast two pimtogrc = that show the entire property (toad and improvenaeocts3.. 6. Other- (apt Floor plans for each proposed dwelling unit - sac 7. Fee of $. 1,300.00 , based an followino: (a) Clms 0 $450.00 Special .E= aricn $650.00 *** (e). SwxhozVe eouat to app}leaaie fee from (a) be tefuceaers if there if no appeei (City Coc NCr= Robert S. above not to exceed $650;to Cott 82-61L %- , Trustee Addle= 1110 Bricj ell Avenue City, State, zo Miami, Florida33131 Phone siZ-1Iiu . STATE OF FLORMA) SS: COUNTY OF DADE ) Robert S. Geiger, Trustee being duly sworn, ono says mat ne is me tuwmw: tovrnortmo ocamy or the rent property described GbDW t!'.ot he has read the icreooinq answers aria that me sorne are true aced =rrepietG and (if ocri=. as agent for owns that. he has authority to exe=e this appfl=ion form on behoif of the owner. Forty 1043 90- 977 �ci SWORN TO AND S?U�B CRIBFn before me this 28 Of MY COMMISSION EXPtRF: Nolrry Pubfic, State of Hondo Aky tomwwon fx m )me 17, Im o.dw no Im 1061 iw.w YY {SEAV ti t Robert S. Geiger tom, rvottc, Mate or r tartan at Large 90- 977 a 4 STATE CF F.ZF A ) SS CXINTY CT. DAM ) AF IDAViT -efCrE: me. =.lL^r^.e.�:.w"TI� auL :C2"+tj', ..-. awl P-ar-s-m1ally area in Robert S. Ceigex, Tnu;tee who cep � t me f-4 .. dui_: slor-:. upon cash, deposes arc says: I. That he is the owner, cr the legal represerr..ative of the owner, rubmitt:Lng the accanpa=fing application for a public hearing as required t7l Cr'..:=ce No. 9500 of the Code of the City of Miami, :' o:^_,.a. effecting the real property located :n the City of ?rsami as described and listed on the pages attached to this affidavit and made a parr thereof. 2. That all owners which he represents, -`f any, have given their full and cmamlete permission for him to act in their behalf for the charge or modification of a classification or regulation of zoning as set cut in the acc==anying petition. 3. That the pages attached hereto and made a part of this affidavit c=min the names, m i 1 i ng addresses, phone rn=ers and legal descriptions for the real property which he is the owner or legal represen=tive. 4. The facts *as represemed in the application and do=re.= submitted iz ccnj==-.:L n with this affidavit are true and correct. Further Aff:ant say eth not. i km (SEAL) (jl FvobE+it GeigQx Sworm to ar_...u.asc _;MA before rw this, day off -¢ 19 . Nc,=r f 'r`ublic. State of Florida at Large + My Camts-sion Expires: Notny Pubk, State of ( OW& My Commission Expires June 17. ?M &0" lbw leer #&W • 40VOOM tar, 90 - 97'7 0 • a 4 OWNER'! L;ST owner's game Robert S. Geiger, Trustee lailino Address 1110 Brickell Avenue Miami, Florida 33131 7eleonone Number (305) 372-1110 _egai %escr*--= ,,. lots 14, 15 and 16? Block 2, POMU O PARK, Plat Book 5, Page 60, Dade County, Florida (Owns 50-6 of the subject property) Owner's Name Leonard A. Ralby Mailing Address 2620 S.W. 28th Street Miami, Florida 33133 Telephone Number (30D 444-5085 Legal Description: Please see above. (owns 50% of the subject property) Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned .individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address 3350 S.W. 28th Terrace Miami, Florida 33133 Street Address 3366 S.W. 28th Terrace Miami, Florida 33133 Street Address 3411 S.W. 29th Street Miami, Florida 33133 UI. pa Legal Description Lots 3 and 4, Block 3, pomelo nark, Plat Book 5, Page 60, Dade County, Florida Legal Description Lots 5 and 6, Block 3, POMEGO PARK, Plat Book 5, Page 60, Dade County, Florida Legal Description Plat Book 3, Page 206, Dade County_- 01 `oN n5. 90--' 977 a 2 +. fecal descr=ion and Street &id*eas of. sumlect real. provert7: Lots 19, 15 and 16, Slock 2,-' PCI&r-.W P.W(, Plat Book 5, Page 60, [fade County 3373 S.W. 28th Terrace Miami, Florida 33133 2. •Ownerts) of subject real property and percentace of ownership. Note: Citv of Miami Ordinance No. 5419 requires disclosure of all parties Raving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordincly, question #2 requires disclosure of all snarenolders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. 50 % Robert S. Geiger 1110 Brickell Avenue Miami, Florida 33131 50. Leonard A. Ralby 2620 S.W. 28th Street Miami, Florida 33133 3. Legal description and street address of any real property (a) owned by any pasty listed in answer to question #2, and (b) located within 375 feet of the subject real property. NO'IH: ALL OF THE }3LT al 7ISTID Prori tTIE.S ARE OWNED RY LFX7[MD A. RALnY 1. pots 3 and 4, Block 3, PCUUA PARK, Plat Book 5, Page 60, Dade County 3350 S.W. 28th Terrace, Miami 2. .Lots 5 and 6, Block 3, PCX+IETO PARK, Plat Book 5, Page 60, Dade County 3366 S.W. 2Sth grace, Miami 3. .Lot 12, Block 9, OVErJMCOK PARK, Plat Rook 31 Page 206, taade County 3411 S.V. 29th Street, Miami A ®r STA= CF FLORMA ) SS : COU&= CF =E ) lbbert S. Robert S. Geiger, Trustee being duly sworn. deposes and says that ne is the (Qvner) (Attorney for Owner) of the real property described in answer to question f1, abovet that he has read the foregoing answers and that t: a same are true and omwletet and (if acting as attorney for owner) that he has authority to execut this Disclosure of Ownershie go= on behalf of the owner. f . Y S''W=4 TO AND SaESCR= cerore mQ this o2PA day of 6LA, (,fame! (SEAL) MEW MILE State or. 977 Florida at Large My CMIUSS= cams Q Sot" fh *I WU of florid+ a � STATE OF FLGR=A } SS: Cal= OF DADE ) Robert S. Geirmr cPina duly swat:., deposes and says trat ne is rme cuiv a000intea attorney -m(I tnict�cor Teem r 4 �_�1 by the owner of the real property descrieen ir, answer to question =„ aove; that ne has read tsne roregomg answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship form on behalf of the owner. SWOIRv TO AM SuESGFSAM before me this day of 'T49o. MY COMMISSZC %1 EXPIRES: Notary PubGt, State of Florida MY Commission Expires luaa m ?m #"* rhjV Twr I"! Iw / (SEAL) lAot.ary PuDllc, state or Florida at Large 0 l: P d 0E �'JrlV 06. and Robert S. Geigex 9 o- 977 a � 0 EXHIBIT MA". Lots 14, 15 and 16, POMELO'PARK, according to the Plat thereof, as recorded in Plat Book 5, Page 60, of the Public Records of Dade County, Florida. 90- 977 C 2881RIabi THIS LAND TRUST AGREEMENT,, dated this 15th day of April, 1990, by and between ROBERT S. GEIGER, of Dade County, Florida (hereinafter together referred to as "Trustee", which designation shall include all successor trustees), and LEONARD A. RALBY and ROBERT S. GEIGER (hereinafter referred to as "Beneficiaries," which designation shall include all successors in interest to Beneficiaries). W I T N E S S E T H: WHEREAS, the Trustee has agreed to take title to certain real property as specifically described on Exhibit "A" hereto (hereinafter referred to as the "Property" or the "Trust Property") on behalf of the Beneficiaries; and WHEREAS, Trustee has agreed to hold title to the Property and any other property conveyed to Trustee hereunder in trust for the following uses and purposes and subject to the following terms and conditions: NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE OF TITLE. The Trustee is holding title solely on behalf of Beneficiaries and there is no intention on behalf of Beneficiaries and there was and is no intent by Beneficiaries to make any gift of the Property to Trustee by virtue of the above conveyance. Trustee is not required to advance any funds necessary to hold or maintain the subject Property. Trustee shall hold title to the Property without any beneficial right, ownership or interest in same and the Beneficiaries of this 90-- 977 Trust shall be entitled to all of the earnings, avails and proceeds of the Trust Property. 2. '[LRrMST OF BENEFICIARIES. me interest of the Beneficiaries shall consist solely of the fllowing rights respecting the Trust Property: A the right to direct the Trustee to convey or otherwise deal with the title to the Trust Property as hereinafter set out; B. the right to manage, control and develop said Property; and t the right to receive the proceeds and avails from the rental, sale, mortgage or other disposition of said Property. The bregoing rights shall be deemed to be personal property and may be assigned and otherwise transferred as personal propwty in accordance with the terms hereof. The Beneficiaries shall not' have any legal or equitable right, title or interest, as realty, in or to any real estate held in trust hereundw or the right to require partition of same (nor shall any parer of the Beneficiaries have any such rights), but shall have only the rights, as personalty, hereinabove set out. The beneficial interest of each initial Beneficiaries of the Trust shaD be as set forth below: Bene5ciary Leonamd A. Ralby Beneficial Interest 50% Robert S. Geiger 50% 3. I=S OF TRUSTEE. lie Trustee assumes and agrees to perform the following actin and affirmative duties hereunder: A4 To Execute Instruments. When and as directed to ncecute instruments in a writing signed by Beneficiaries wring a majority of the beneficial interest of this Trust, Us Trustee shall execute such instruments as shall be necessary to protect and conserve the Trust Property; to sell and grant options to purchase said Property, or any part thereof, and any right, title or interest therein on any terms; to exchange said Property or any part thereof for any other real or personal property upon any terms; to convey said Property by deed or other conveyance to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber said Property or any part thereof; to lease, contract to lease, grant options to lease and renew, extend, amend or otherwise modify leases on said Property or any part thereof from time to time, for any period of time, for any rental and upon any other terms and conditions; and to release, convey or assign any other right, title or interest whatsoever in, to or about said Property or any part thereof; provided, however, that the Trustee shall not be required to inquire into the authenticity, necessity or propriety of any written direction delivered to him pursuant to this paragraph or otherwise hereunder. B. To Terminate Trust Upon the Exoiration of Twenty (201 Years. If the Property as heretofore described or any property remains in this Trust twenty (20) years from the date of this Agreement, it shall be sold at public sale by the Trustee on reasonable public advertisement as determined by him or transferred and delivered to the Beneficiaries hereof at said time upon receipt by the Trustee of written notice to do so. If sold, the conveyance shall be subject to any existing leases and encumbrances and the net proceeds of the sale shall be paid over to the Beneficiaries then entitled thereto under this. Agreement in the proportions to which they are entitled. The Trustee shall, at least six (6) months prior to the twentieth (20th) anniversary date of this Agreement, notify the then Beneficiaries of the pending application of this Article 3(B). C. To Pav QXgIX Receivts. The Trustee shall direct that any proceeds received from a sale, loan, 90" 977 3 encumbrance or other disposition of the Property. -be paid over directly to the Beneficiaries, or the Trustee may endorse over any such proceeds without the necessity of receiving said funds into his own account and thereafter rendering any accounting with respect to same. D. Insurance. Trustee shall hold any policy of insurance with respect to the Property that may be issued to him and any claims and payments to be received thereunder solely for the benefit of Beneficiaries, and will take such action under the policy as Beneficiaries owning a majority of the beneficial interests of this Trust may direct. C. OBJECTS AND RURPOSES OF TRUST. The objects and purposes of this Trust shall be to hold title to the Property, protect and conserve it, to develop same as the Beneficiaries deem fit, and to sell, lease or mortgage the property as and when determined by the Beneficiaries. The Trustee shall not manage or operate the Trust Property nor undertake any other activity not strictly necessary to the attainment of the foregoing objects and purposes. 5. BENEFICIARY MANAGES AND OPERATES TRUST PROPERTY. The Beneficiaries shall, in their right and in accordance with the terms and conditions hereof, have full and exclusive control over the management and operation of the Trust Property and control of the selling, leasing, mortgaging and other handling and disposition thereof, and the Beneficiaries at their option, shall collect and otherwise handle the rents and avails thereof and the proceeds of any sale or other disposition thereof, and the Trustee shall have no duty respecting the payment of taxes, mortgages, liens or encumbrances of any nature whatsoever, insurance premiums or other costs or charges against or concerning the Trust Property. All decisions relating to the Trust Property shall be decided by a vote of Beneficiaries owning a majority of the beneficial interests of this Trust, 90- 077 PfPii''.'rt _P y es �-Fiy.✓.�; FJ` s�.vst x—..` Y �4Y.. i S 6. PROTECTION OF THIRD PARTIES DEALINGAITa TEM=. t i No party dealing with the Trustee in relation to the Trust Property in any manner whatsoever and (without limiting the foregoing) no party to whom said Property or any part thereof or any interest therein shall be conveyed, contracted to be sold, leased or mortgaged by the Trustee shall be obliged: A. to see to the application of any purchase money, rent or money borrowed or otherwise advanced on said Property; B. to see that the terms of this Trust Agreement have been complied with; C. to inquire into the authority, necessity or expediency of any act of the Trustee; or D. be privileged to inquire into any of the terms of this Trust Agreement. Every deed, mortgage, lease or other instrument executed by the trustee in relation to the Trust Property shall be conclusive evidence in favor of every person claiming any right, title or interest thereunder that: at the time of delivery thereof, the Trust created hereunder was in full force and effect; (ii) such instrument was executed in accordance with the terms and conditions of this Agreement and all amendments hereof, if any, and is binding upon the Beneficiaries hereunder; the Trustee was duly authorized and empowered to execute and deliver every such instrument; and (iv) if a conveyance has been made to a successor successors in trust, such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of its, his or their predecessor in trust. 5 ? . TRUST AGBN'P NSA TO..BE- This Agreement shall not be placed on record in the county in which any Trust Property is situated, or elsewhere, but if same is so recorded, such recording shall not be considered as notice of the rights of any person hereunder derogatory to the title or powers of the Trustee. 8. BENEFIG"IM CANNOT BIND TRUST". No Beneficiaries shall have the authority to contract for or in the name of the Trustee or to bind the Trustee. 9. TRUSTEE SHALL NOT FILE TAX RETURNS. The Trustee shall have no obligation to file any ad valorem, income, profit or other tax reports or returns or pay any other taxes. Beneficiaries will make all such returns and reports and pay general real estate and all other taxes or charges payable with respect to the Property and to the earnings and avails of the Trust Property or growing out of their interest hereunder. 10 . ==OD OF ASSIGNING EMMST OF BENEFI=ARY . The interest of a Beneficiaries, or any part hereof, may be transferred only by a written assignment thereof executed in duplicate and delivered to the Trustee. Any such assignment shall be accompanied by a written acceptance thereof by the transferee agreeing to abide by the terms of this Trust. The Trustee shall note its acceptance on the original and duplicate original of such assignment, retain the original thereof and deliver the duplicate original to the assignee as and for his or her evidence of ownership of a beneficial interest hereunder. No assignment of any interest hereunder (other than by operation of law) that is not so executed, delivered and accepted shall be binding upon the Trustee. No assignment of any interest hereunder shall be valid without the written approval of all the other Beneficiaries, if any. 99- 977 i 11. TRUSMN= INDIVID 2&= LIABLE. The Trustee shall not be required,' in dealing with the Trust Property or in otherwise acting hereunder: A. to enter into any individual contract or other individual obligation whatsoever; nor B. to make himself individually liable to pay or incur the payment of any damages, attorneys' fees, fines, penalties, forfeitures, costs, charges or other sums of money whatsoever. The Trustee shall have no individual liability or obligation whatsoever arising from his ownership as Trustee hereunder of the legal title to the Trust Property, or with respect to any act done or contract entered into or indebtedness incurred by him in dealing with the Trust Property or in otherwise acting hereunder, except only so far as the Trust Property and any trust funds in the actual possession of the Trustee shall be applicable to this payment and discharge thereof. 12. BNIMBURSEM.LNT AND INDEMNIFICATION OF MRUS'p'. If the Trustee shall pay or incur any liability to pay any money on account of this Trust, or incur any liability to pay any money on account of being made a party to any litigation as a result of holding title to the Trust Property or otherwise in connection with this Trust whether because of breach of contract, injury to person or property, fines or penalties under any law, or otherwise, the Beneficiaries and all partners thereof, jointly and severally, agree that they will on demand pay to the Trustee all such payments made or liabilities incurred by the Trustee, together with his expenses, including reasonable attorneys' fees, whether.. pre -suit, at trial or on appeal, and that they will indemnify.. and hold the Trustee harmless of and from any and all payments made or liabilities incurred by him for any reason whatsoever as a result of this Agreement, and all such amounts so paid by the Trustee shall constitute a lien on the Trust Property. The Trustee shall not be required to convey or otherwise deal with the Trust Property so long as any money is due to him hereunder, nor shall the Trustee be required to 0 977 7 n. } advance or pay out any money on account of this. Trust or to prosecute or defend any legal proceedings involving this Trust or any property or interest hereunder unless Trustee shall be furnished with funds sufficient therefor or be indemnified to his satisfaction in respect thereto. 13. TERMINATION. This Trust shall terminate at the earlier of the following: A. receipt by the Trustee of a written notice of termination executed by all the,Beneficiaries; B. a determination by any taxing authority that this Trust is taxable as an association; or C. a conveyance by the Trustee of all the Property owned hereunder. 14. FORM OF CONVEYANCE. No instrument of conveyance or transfer executed by the Trustee shall contain any covenants of warranty from the Trustee, but conveyances shall only be required by Special Warranty Deed. However, in the event any covenants or warranties are required to be given in said Deed, the Beneficiaries hereof may be required to join in said Deed for the express purpose of giving said warranties to the grantee thereof. The Trustee may resign at any time by sending a notice of his intention to do so by certified mail to each of the Beneficiaries hereunder at his or her address last known to the Trustee. Such resignation shall become effective ten (10) days after the mailing of such notices. In the event of such resignation, or death or inability of Trustee to serve, a successor may be appointed by Beneficiaries owning a majority of the beneficial interests hereunder and the Trustee, if able, ,shall thereupon convey the Trust Property to such successors in trust. In the event of the Trustee's death or inability to 90 - 977 execute such document of conveyance, then the parties shall record such instruments or affidavits as may be required to effect transfer of the Property to the successor. If no successor is named within ten (10) days after the mailing of such notices, then the Trustee may convey the Trust Property to the Beneficiaries in accordance with their respective interests hereunder. Every successor trustee shall become fully vested with all the title, estate, rights, powers and trusts and shall be subject to the duties and obligations of his or her predecessor. 16. AMENDMENT OF TRUST AGREEMENT. This Agreement contains the entire understanding between the parties hereto and may be amended, revoked or terminated only by a written agreement signed by the Trustee and all the Beneficiaries. 17. CERTIFIED COPIES SATISFACTORY_ MDENCE. Copies of this Agreement or any amendment hereto, certified by the Trustee to be true and correct, shall be satisfactory evidence thereof for all purposes. 18. SUCCESSORS BOUND HEREBY. The terms and conditions of this Agreement shall inure to the benefit of an be binding upon any successor trustee hereunder, as well as upon the personal representatives, heirs, assigns and all other successors in interest of the Beneficiaries. 19. GENDER. Wherever the context so requires, the use of the masculine gender shall include the feminine and vice versa, and wherever the context so requires, the use of the singular shall include the plural and vice versa. 977 IN WITNESS WHEREOF, the parties hereto have executed this Trust Agreement the day .and year first above written. Signed, sealed and delivered in our presence: STATE OF FLORIDA COUNTY OF DADE SS: . GEIGER ( SEAL) ( SEAL) ( SEAL) SWORN TO AND SUBSCRIBED before me this _day of 1! ��, , 1990. / ROTARY PUBLIC, State of Florida at Large My Commission Expires: NOTARY OUMIC 3T;Ti n: Flf•MD4 NY CORAISSMS EXP. %V :1119"r 6=0 MAU ALYER31 I1S. i j to