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HomeMy WebLinkAboutApplication & Supporting DocsPlanning Designee initial & Date HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com/hearing boards PUBLIC HEARING APPLICATION FOR AN AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT 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. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm, and on the fifth day, at 12:00 pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed Zoning Referral. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid 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. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed and dated by the Planning Department designee. Rev. 09-20.O6 :Jerome Filer on behalf of Steve's Parking, Inc, hereby apply to the Miami City Commission for approval in accordance with Article 22 of the Miami Zoning Ordinance, and in support of that request, furnish the following: Obtain signature or initial and date by the Planning Department designee prior to submittal. The property/location listed does not have any open code enforcement/lien violations. Address(es) and folio(s) of property: 2721 and 2735 Coconut Avenue 01-4116-029-0040 / 01-4116-029-0040 �-` Two (2) 11x17" original and one (1) 8 '/z x 11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. Present zoning designation(s): R-3 Multifamily Medium -Density Residential, SD-19 F.A. R. of .4 Statement as to why the present zoning designation is inappropriate: The present zoning is inappropriate because the owner is unable to obtain a permit to allow the property to be used as a parking area for the adjacent restaurant. Future zoning designation(s): R-3 and SD--I9, '.A. R. of .4 and SD-12 Statement as to why the proposed zoning designation is appropriate: Because the future zoning will allow the owner to obtain a permit to improve the property to be used as a parking area for the adjacent restaurant patrons. At least two photographs that show the entire property (land and improvements). V. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. . A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description. . Affidavit and disclosure of ownership of all owners and contract purchasers of the subject property (see pages 4 and 5). 11. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). . What is the acreage of the project/property site? 14,250 sq. ft. 13. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3`d Floor for information. NO, veetrItro 15,ycrry 14. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3`d Floor for information. 1. vvr24ct LID T . Rev. 09-20-06 2 c. C-1, C-2, I, per square foot of net lot area Minimum 15. For corporations and partnerships indicated, the following documents are to be submitted: a) Articles of incorporation; b) Certificate from Tallahassee less than one (1) year old showing good standing; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 16. All documents, reports, studies, exhibits (8 "Az x11") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. Cost of processing according to Section 62-156 of the Miami City Code*: Change of zoning classification to: a. CS, PR, R-1, R-2, per square foot of net lot area Minimum $ .15 $ 635.00 b. R-3, R-4, 0, Gil, HP per square foot of net lot area $ .20 Minimum f 4 S ?tit 55L $ 750.00 $ .25 $ 900.00 d. CBD and all SD's, per square foot of net lot area Minimum $ .30 $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Pursuant f Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be paid in the fr of a ert• ed check, cshier's check, or money order. Signature Address Name Telephone 30 , 80 ` - . _ .,_ E-mail 7438A SW 48 Street Miami, FL 33155 The application submittal date is the date stamped by Nearing Boards' staff on the front page. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this S day of 1 A13t5+''ti 20 '1 , by tgic-E who is a(n) individuallpartne a en corporation of c-C IE' $ 19A42Kt 01c a(n) de/oar ner I iplcorpor n. He = is personalknown to me or4ho s produced /C as identification and who did (did not )itake}'an oath. (Stamp) Rev. 69-20-06 BA BA A ESTEVEZ MY COMMiSSON 0042E52. EXPIRES May 8, 2009 3 Signature _pro STEVE'S PARKING, INC. WRITTEN CONSENT TO RESOLUTIONS OF SPECIAL ACTION OF THE OFFICERS IN LIEU OF A SPECIAL MEETING The undersigned, being the sole officer of STEVE'S PARKING, INC. (the "Corporation"), in lieu of holding a special meeting of the Officer of the Corporation, does hereby consent to the adoption of, and hereby does adopt, the following preamble, resolutions and the actions specified herein: WHEREAS, the Corporation owns the real properties located at 2721 and 2735 Coconut Avenue, Miami, Florida 33133 (hereinafter referred to as "Properties"); WHEREAS, the Corporation is applying for a change in the zoning designation for the Properties from its present designation to R-3 and SD-19. F.A..R. of .4 and SD-12; WHEREAS, the change in zoning will allow the Corporation to obtain the proper and necessary permits to improve the Properties in a manner consistent for the use of a parking area for the adjacent restaurant patrons; and WHEREAS, the Corporation has directed JEROME .FILER, to file the necessary application and to do all things necessary to change the zoning designation of the Properties to such proper designation so as to allow the Corporation to improve the Properties in a manner consistent with a parking area. NOW, THEREFORE, be it RESOLVED, the Corporation shall apply for a change in the zoning designation of the Properties; RESOLVED, that JEROME FILER is hereby authorized to apply for such zoning designation changes and do all things necessary, including attend the zoning hearing, represent the Corporation, and execute any and all documents necessary and proper to change the current zoning designation to R-3 and SD-19, F.A.R. of .4 and SD-12 or as otherwise necessary to improve the Properties for the purpose of a parking area; RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolutions, and each of them, in the name and on behalf of the Corporation by the Officer of the Corporation be, and it hereby is authorized and empowered to be. deemed conclusive proof of the approval thereof; and RESOLVED. that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of these resolutions be, and they hereby are, approved, ratified and confirmed in all respects. IN WITNESS WHEREOF, the undersigned has executed this Written Consen to h Resolutions in Lieu of a Special Meeting in order to give his consent thereto effective as i 6 2006. STEVE ORISON, President CERTIFICATE OF COMPANY RESOLUTIONS, COMPANY STATUS AND INCUMBENCY OF COCONUT COVE, LLC, A FLORIDA LIMITED LIABILITY COMPANY The. undersigned, comprising the sole Member of COCONUT COVE, LLC, a limited liability company organized and existing under the laws of the State of Florida (the "Company"), hereby certify that: 1. The Company is a duly formed, validly existing, limited liability company in good standing under the laws of the State of Florida and is authorized to transact business in the State of Florida. 2. At a special sneering of the sole Member of the Company duly and regularly held in accordance with its Articles of Organization and its Regulations on February 9th, 2005, the following resolutions were unanimously adopted by the sole member of the Company, said resolutions are not inconsistent with any provisions of the Articles of Organization of the Company attached hereto as Exhibit A ("Articles") or the Regulations of the Company attached hereto as Exhibit B ("Regulations") or any other Resolution of the Company currently in effect and are within the power of the sole Member to pass as provided in the Articles and Regulations of the Company, there is no provision in the Articles or Regulations or other Resolutions of the Company limiting the power of the sole Member to pass the foregoing Resolutions, and the same have not been revoked, canceled, annulled or amended in any manner and are in full force and effect on the date hereof. RESOLVED, that the Company hereby ratifies and approves of the sale of the real property herein described as: Lots 4 and 5, Block 1, PALM TERRACE, according to the map or plat thereof, recorded in Plat Book 3, Page 47, of the Public Records of Miami -Dade County, Florida; and located at 2721 & 2735 Coconut Avenue, Miami, FI 33133 (the "Property") by the Company to STEVEN F. EDMONSON and/or STEVE'S PARKING, INC„ a Florida corporation ("Buyer"), IT IS, FURTHER RESOLVED, that the Company hereby ratifies and approves the execution of any and all documents in connection with the sale of the Property by Coconut Cove, LLC to Buyer, including the Purchase and Sale Contract by and between Buyer, Steven F. Edmonson, and Seller, Coconut Cove, LLC, for the purchase price of S1,400,000.00. 1 of 2 IT IS, F€ TIER RESOLVED, that JOHN D. COLE, as Managing -Member o the Company, be and hereby is authorized to execute and deliver any and all documents on behalf of the Company necessary to accomplish and close the foregoing sale. The following are the Members and the duly elected or appointed Managers and officers of the Company set forth opposite their respective names and are incumbent in such offices as the date hereof, and the signatures appearing opposite their respective narnes are the genuine signatures of such persons: NAME TJTLE SIGNATURE JOHN 1). COI E Managing Member IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the Company seal this 9th day of February 2005. (Company Seal) 2 of AFFIDAVIT OF AUTHORITY TO ACT Before me, the undersigned, this day personally appeared Jeranie Filer , who being by me first deposes and says: That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners who he/she represents, if any, have given his/her 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 foregoing petition, ❑ including or ❑ not including responses to day to day staff inquires. 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. Jerome Filer Applicant(s) Name 4PP ; STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 200/ ,by E t who is a(n) individual/partne'/agen orporation of tftgs P . 11/4. ; , a(n) individual/partnership/co`•'ration. He/She is personally known to me or who has producedF440 q7a A Gas identification and--w. o did (did not) take an, oath. (Stamp) Rev. 09-20-06 A.R8ARA ESTE. 426621 6 Signature day of ,s-iZel 40 0 DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect; with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owners Name(es) Steve a s Parking, Inc. Subject Property Address(es) 2721 and 2735 Coconut Avenue Miami, FL 33133 Telephone Number 305.807.2840 E-mail Address Steve Edmonson 100% 2. Street address and legal description of any property owned by any and all parties listed in answer to question #1 located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address Legal Description 2884 SW 27 Avenue Exhibit "B" (attached) R*Wrqr Jerome Filer -Owner(3) or Attorncy Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 0 , by K) ffl/LiZ t.t. who is a(n) individual/partne agen ;°corporation of Sr Ve 5 #'4-12-gi a(n) individual/partnership/corporation. He/She is personally known to me or who has produced f : Ilo n2 teals identification and who did (did not) take oath. (Stamp) A BARAETVZ MYCOMISSUWOMW PXFIR S: May I. 20C3 H eu 3 day of J4-1 Signature Rev, 09-20-06 5 10 20 40 wfritaloyeanwimitsai FF PHIC. SCALE IN FEET I,LEGEND: 9NC CONCRETE TY._ — STORY S CONCRETE BLOCK d STUCCO UTILITY:-EASEMENT F.E. —'LOWEST FLOOR ELEVATION AIR'CONDITIONING UNIT (R) RECORD ;VALUE (M) yEIELD MEASURED VALUE yYo FIRE HYDRANT Qr) - WATER METER :.. POWER POLE - LIGHT POLE - WOOD FENCE — CHAIN LINK FENCE - IRON FENCE - OVERHEAD NOIRE XIS11NG ELEVATIONS kT( ADDRESS 2735 C; CONUT AVE FLI')RIDA 33133 7 j 6 COCONUT AVE. LOCATION MAP N.T.S. LEGAL DESCRIPTION: LOT 4 AND 5, BLOCK 1 OF "PALM TERR", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 47 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALL ELEVATIONS THUS .1. ARE ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929, AS MEASURED CITY OF MIAMI, BENCHMARK LOCATED AT WEST CORNER OF VIRGINIA ST. AND COCONUT AVE. WITH ELEVATION 11.783' STAMPED. SURVEYORS CERTIFICATION: THIS CERTIFIES THAT THIS SURVEY OF THE PROPERTY DESCRIBED HEREON WAS MADE UNDER MY SUPERVISION AND THAT THE SAME MEETS THE MINIMUM TECHNICAL STANDARS SET FORHT BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT •TO SECTION 472.027, FLORIDA STATUTES. ARTURO R. TOIRAC P.L.S. DATE PROFFESSIONAL SURVEYOR AND MAPPER 3102 Not valid without the signature and original raised seal of o Florida Licensed Surveyor and Mapper. THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP. EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO OE MADE TO DETERMINE RECORDED INSTRuu-PITS, iF ANT, AFFECTING THE PROPERTY. THIS SURVEY IS SUBJECT TO DEDICATIONS. UAMTATICNS. RESTRICTIONS. RESERVATIONS OR EASEMENT OF REcctos, 1=WA< DE5OUPT10N PROVIDED BY CLIENT. THE LIABILITY OF INS SURVEY IS LIMITED To THE COST OF THE SIVEY. UNOERGRouND ENCROAC}IEMENTS, F ME NOT SWAN. Nis Fsem HAS N0T ATTEMPTED TO LOCATE FOOTING AND/CR FauNDA11ONS AND/OR UNDERGROUND MAPROVEMENTS OF ANY NATURE. IF SHOMdW. BEARINGS ARE REFERRED TO AN ASSUMED MERIDIAN. iF S10MN. ELEVATIONS ARE REFERRED TO N.GV.O. OF 1929. THE CLOSURE IN THE BOUNDARY SURVEY IS ABOVE 1:t0€00 SURVE IRvEY) CERTIFIED .TO: .A -HOME EQUITY MORTGAGE CORPORATION ATTORNEY'S TITLE INSURANCE FUND MYRON J. RAYVIS,'ESQ. MYRON J. RAYVIS, ESQ "JOHN COLE. DATE; o 05/211/04 2 14 DRANK `)' DESIO NED (NECKED M '• 5_00' i "" 2000' 13, •�3 a. a 0 7 AVENUE LOCATION SKETCH SCALE: NTS BLK 1 Original Pmperfy Line by Praf 2 COCOANUT AVENUE SETBACKS 5.00' ON 27TH AVENUE 0.00' ON SOUTH PROPERTY LINE 0.00' ON WEST PROPERTY LINE 0.00' ON NORTH PROPERTY LINE CERTIFIED TO: JBST, INC., 2884 N.W. 27TH AVE., MIAMI, FLORIDA 33133. NEAL S. LITMAN, P.A., ATTORNEYS' TITLE INSURANCE FUND, INC., ALAN JACOBSON AND JAN HART, THEIR SUCCESSORS AND/OR ASSIGNS, ATIMA. LEGAL DESCRIPTION: LOT 2 AND LOT 3 LESS THE EAST 15 PEET OF PALM TERRACE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK OF THE PUBLIC RECORDS MIAMI—DADE COUNTY, FLORIDA i'HEREf3Y CERTIFY That the survey represented thereon meets the minimum technical requirements adopted by the STATE OF FLORIDA Board of Land Surveyors pursuant to Section 472.027 Florida Statutes, There are no encroachments, overlaps, easements appearing on the plat or visible easements other than as shown hereon ADIS N. NUNEZ PROFESSIOIIAL SURVEYOR KO MAPPER STATE OF FLORIDA f5924 BLOCK 1 SUBDIVISION 3 AT PAGE 47. SINCE 1987 BLANCO SURVEYORS INC, Engineers , Land Surveyors • Planners = LB # 0007059 555 NORTH SHORE DRIVE MIAMI BEACH, FL 33141 (305) 865-1200 FLOOD ZONE: PANEL: 0189 SUFFIX; J COMMUNITY # Fax: (305) 865-78' A DATE: 7J17/9SSASE:N/ 120650 SURVEY DATE: 12/26/02 SCALE: = 20' OWN. BY: F. Blanco JOB No. 02- 25ia'.. Division of Corporations Page 1 of 2 Document Number P05000006884 State FL Florida Profit STEVE'S PARKING, INC. PRINCIPAL ADDRESS 2721 COCONUT AVENUE MIAMI FL 33133 MAILING ADDRESS 2721 COCONUT AVENUE MIAMI FL 33133 F'EI Number APPLIED Status ACTIVE Registered Agent Date Filed 01/13/2005 Effective Date NONE Name & Address ZAMORA, GEORC,E S 3191 CORAL WAY SUITE 404 MIAMI FL 33145 Officer/Director Detail Name & Address Title EDMONSON, STEVE 2721 COCONUT AVENUE MIAMI FL 33133 ED l Annual Reports Report Year 2006 Filed Date 04/26/2006 http://vvww. sunbiz. org/scripts/cordet. exe?a 1=DETFIL&n 1=P05000006884&n2=NAMF W... 1/22/2007 Division of Corporations Page 2 of 2 Previous Filing j Return to List No Events No Name History Information Next Filing Document Images Listed below are the images available for this fling. 04/26/2006 -- ANNUAL REPORT 01./ 13/2005 -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://v.rww. sunbiz. org/scripts/cordet. exe?a 1=DETFIL&n 1=P05000006884&n2=NAMFW... 1/22/2007 AA) e 57 t )c. Wendy Mitahler, Esc. 2477 E. Commercial Boulevard Suite 102 Fort Lauderdale, FL 33308 Parcel JDNumber: 01-41160290030, 01-41160290040 Warranty Deed This indenture, Made this 9th day of February , 2005 A.n. Between COCONUT COVE,' LLC, a Florida limited liability company cfthe Cotatty of Miami -Dade state of Florida . gratltor9 and STEVE'S PARKING, INC., a Florida corporation whose address ts: 2721 Coconut Avenue, Miami, FL 33133 of the County of Miami -Dade sate of Florida , grantees. Witnesoeth that the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and vaIunble consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged; has Fronted, bargained and sold to the said CiRANTEES and GRANTEES' heirs, successors and assigns forever, the fetto'aing described Land: situate, lying and being in the County of Miami -Dade State of Florida to"wd Lots 4 and 5, Block 1, according to the plat of PALM TERRACE, recorded in Plat Book 3, Page 47, of the Public Records of Miami -Dade County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to December 31, 2004. and the grantor does hereby fully warrant the title to said land, and will defend the same against Lawful claims of ail persons w In Witness Whereof, the grantor has hereunto set its hand and seat the day and year first above written. Signed, sealed and delivered in our presence: Printed Name:1-0 1 /142/0 is Witness -i/] j A Printed Witness COCONUT COVE, LLC, a Florida limitelability company By• ramsoever. Y 1 N DOUGLAS COLS MANAGING MEMBER O. Address: 422 Daroen Avenue, Coral Gable STATE OF Florida COUNTY OF Broward The foregoing it55vnment was acknowledged before me this 9th day of February JOHN DOUGLAS COLE, MANAGING MEMBER of COCONUT COVE, LLC, a Florida limited liability company is personally known to me or he has produced his Florida driver s license as identification. L, 33146 (Seal) , 2005 by Priryt d Name: Not y Public My Commission Expires: 1.C5c7 Cece,ece 15 nizpiay eys.•_ar.:;ne., 2003 Ihn3) 753-5555 zn a High til+Cuki?.1155': ✓Oflci9d. re.G.P_ Gctotae 28, 2 ,5 ENTITY(ics) OWNER'S AFFIDAVIT NON -FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER STATE OF Florida COUNTY OF Brow.ard BEFORE ME, the undersigned authority, personally appeared JOHN DOUGLAS COLE, MANAGING MEMBER of COCONUT COVE, LLC, a Florida limited liability company (the "Seller"), ("Seller" refers to singular or plural as context requires) who, first being duly sworn, deposes and says: A. OWNER'S AFFIDAVIT I, Seller is the owner of the following described property (the "Property"): Lots 4 and 5, Block 1, according to the plat of PALM TERRACE, recorded an Plat Book 3, Page 47, of the Public Records of Miami -Dade County, Florida. Street Address:2721 and 2735 Coconut Avenue, Miami, FL 3 313 3 2. There is no outstanding contract for the sale of the property to any person or persons whomsoever, nor any unrecorded deed, mortgage or other conveyances affecting the title to the Property. 3. There are no liens, encumbrances, mortgages, claims, boundary line or other disputes, demands or security interests in, on or against the Property or any goods, furnishings, appliances, fixtures or equipment now installed in or which are to be affixed to the Property; (except for mortgages described in the deed given by the undersigned); that there are no unpaid taxes, levies, assessments, paving liens or utility liens against the Property (other than real estate taxes for the current year). 4, There have been no improvements made upon the Property within the past ninety (90) days for which there remain any outstanding and unpaid bills for labor, materials or supplies for which a lien or liens might be claimed by anyone. 5. There are no matters pending against Seller which could give rise to a lien that would attach to the Property during the period of time between the effective date of the title insurance commitment and the time of recording of the instruments evidencing the Buyer's fee simple or other interests in the Property; and that the Seller has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 6. There are no judgments, claims, disputes, demands or other matters pending against Seller that could attach to the Property. Seller has complied with the Florida Sales Tax laws where applicable. Seller acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Buyer, whichever first occurs. 7. Seller is in sole constructive or actual possession of the Property and no other person has any right to possession of the Property, or asserts any claim of title or other interests in it. 8. Seller represents there are no violations of governmental laws, regulations or ordinances pertaining to the use of the Property. Laser Generated hy ® Display 3yste:ns, Int., 2903 0363j 763-5555 For, F1AFF.I AFFIDAVIT (NO LIEN- GAP) STATE OE Florida COUNTY OF Brcwar. Before me, the undersigned authority, personally appeared COCONUT COVE, LLC, a Florida limited liability company who being by me duly sworn, on oath, deposes and says: ?. That COCONUT COVE, LLC, a Florida limited liability company is the owners) of the following described property, to wit: Lots 4 and 5, Block I, according to the plat of PALM TERRACE, recorded in Plat Book 3, Page 47, of the Public Records of Miami -Dade County, Florida. 2, That the above described property is free and clear of all liens, taxes, encumbrances and Bairns of wary kind, nature and description whatsoever, except for mortgage or mortgages, if any, described in the deed given between the parties named herein, and except for real estate and personal property taxes for the year 2005. 3. That within the past 90 days there have been no improvements, alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid, except Me }ollowin4,: None. 4. That there are no mechanic's, rnaterialmen's, or laborer's liens against the above described property. 5. That the personal property contained in the buildings on said property, or on the said premises, and which, if any, is being sold to the purchaser(s) mentioned below, is also free and clear of all liens, encumbrances, claims and demands' whatsoever. 6. That afant(s), in the operation of said building and property, complied in all respects with the SALES TAX .TAW of the State of Florida. 7_ That there are no violations of Municipal Ordinances pertaining to the above described property. 8. That this affidavit is made for the purpose of inducing STEVE'S PARKING, INC., a Florida corporation to purchase said property from afant(s): COCONUT COVE, LLC, a Florida limited liability company. 9. That no judgment or decree has been entered in any court of this state or the United States against said afant(s), and which remains unsatisfied. 10. That there are no person in possession of the property or with a claim of possession to the property except the owner(s), 11- That there are no matters pending against the Seller that could give rise to a lien that would attach to the property between the disbursing of the funds and the recording of the interest to be insured, and that the Seller has not and will not execute any instrument that would adversely affect the Title or interest to be insured. 12. Affiant(s) further state that they are each familiar with the nature of an oath; and with the penalties as provided by the laws of the State aforesaid for falsely swearing to statements made in an instrument of this nature. Af ant(s) fitrther certij5., that they have read, or have heard read to them, the full facts of this affidavit, and understand is context. By: COCONUT COVE, LLC, a Florida limited liability company 1 DOUGLAS COLE MANAGING MEMBER STATE OF Florida COUNTY OF Broward Sworn to and subscribed before this February, 2005 by JOHN DOUGLAS COLE, MANAGING MEMBER COVE, LLC, a Florida limited liability company he is known to me or he has produced his Florida driver's identification. me Prii ed Name: Notary Public My Commission Expires: day of of COCONUT personally license as 7vdith A High MyCONEMdss1ON#` L'11i5744t EXPIRES October 28, 2005 iQNtD € 1 U TROY FAIN sN$URANCE, i1G i /.28 /7bos— Owners Affidavit _Pap. 2 B. NON -FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NLLM 3ER Section I445 of the Internal Revenue Code provides that a transferee ("Buyer") of a U.S. real property .interest must withhold tax if the transferor ("Seller") is a foreign person. For U.S, tax purposes (including section 1445), the owner of a disregarded entity (which has legal_ title to a U.S. real property interest under local law) will be the Seiler of the property and not the disregarded entity. To inform the Buyer that withholding of tax is not required upon the disposition of a tJ.S. real property interest by Seller, the undersigned hereby certifies the following on behalf of Seller: 1. Seller's Legal Name Is: COCONUT COVE, LLC, a Florida limited liability company 2. Seller's Office Address is: 422 Daroco Avenue, Coral Gables, FL 33146 3. Seller is not a foreign corporation, foreign partnership, foreign trust, or foreign. estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). 4. Seller is not a disregarded entity as defined in § 1.1445-2(b)(2)(iii). In connection with the sale or exchange of the Property you are required by law to provide JOHN E. AURELIUS, P.A. with your correct taxpayer identification number (TIN). If you do not so provide your TIN, you may be subject to civil or criminal penalties imposed by law. 5. Seller's Taxpayer Identification Number is: COCONUT COVE, LLC 20-0673128 6. For purposes of reporting this transaction to the Internal Revenue Service on Form 1099-S, the property is Seller's (check one): Principal Residence Other Real Estate This taxpayer identification number is being provided in connection with a real estate transaction. The undersigned understand that this Certificate maybe disclosed to the Internal Revenue Service by the Buyer and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to signs this document as or on behalf of the 'Seller, and that the number shown on this statement is Seller's correct TIN, Seller states that this instrument is given for the express purpose of inducing STEVE'S PARKING, INC., a Florida corporation to purchase the Property and to cause JOHN E . AUREL IUS , P . A . as agents for Attorneys' Title Insurance Fund, Inc . to disburse funds and insure title to said property. This Affidavit is made under the full understanding of the law regarding liability for any misrepresentation herein. DATED this9th day of February , 2005 COCONUT limityei liability company By, COVE, LLC, a Florida fJ HN DOUG AS COLE MANAGING MEMBER STATE OF Florida COUNTY OF Froward Sworn to and subscribed before me this 9th day of February , 2005 by JOHN DOUGLAS COLE, MANAGING MEMBER of COCONUT COVE, LLC, a Florida limited liability company he is personalty known to me or he has produced his Florida driver's license .identification. Prin Name: Nota Public My Commission Expires: ud th A High MYCOMM55€ON# 5D a79a0 ESPIOS October 28, 200S GO nQ:C FHiL`TROY FAN WSJRdN�E'vC CDMDNS ON Use: Gmrmaxcc by IC €Ssp]ay System, 3 o, 20a3 (.1e3)763-5555 Form FLAFF.: i [BoundarYSurvey Page 'P of 2 Survey Number: 8949A See Reverse Property Address: 2721Coconut, Avenue. Miami_ f=iclrida 33 133 Certified To: Stoves Parking, inc., , its successors and/or assigns, as their interests may appear_ Flood Insurance Rate Map (FIRM) Information: Community Number: 120650 Panel Number: 0189 Suffix: J Flood Zone: X Panel Revised Date: 03/02/94 Notes_ 1. Legal Description provided by the client. This survey does not determine or imply ownership. 2. Examination of the abstract of title will have to be made to determine recorded instruments, if any, affecting this property. 3. Unless a comparison is shown, all measured bearings. angles and distances shown along the boundary lines are same as platted values. 4. Elevations and vertical data. if shown are referred to N,G.V.D. 1929. 5, Underground utilities, footings, and/or underground encroachments are not located on this survey map- 6. Fence ownership not determined. Apparent fence clearances and/or encroachments are noted by visual means only_ 7. No identifications caps found on recovered monuments, unless otherwise noted. 8. This survey is exclusively For the use of the parties to whom it is certified, 9. Additions or deletions to this survey map and/or report are prohibited_ 10. This survey map is not valid without the signature and originai raised seal of a Florida Registered Land Surveyor and Mapper_ Legal Description: Lots 4 and 5. Block 1, PALM TERRACE according to the map thereof, as recorded in Plat Book 3, Page 47 of the Public Records of Miami -Dade County, Florida. I hereby certify that this Sketch of Survey of the hereon described property is a true and correct representation of a survey made under my direction and said survey meets the minimum technical standards as set forth by the FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS in Chapter 61.GI7-6 Florida Administrative Code pursuant to Section 472.027 Florida Statutes and is accurate and correct to the best of my knowledge and belief. Field Work Date: z Odalys C. Bello, P. S. M. Professional Surveyor and Mapper No. 6169 12230 S.W. 131 st Avenue, Suite 201 Miami, Florida 33186 Tel: (305) 251-9606 Fax: (305) 251-6057 E3 LAr1c.1 ry 'mot s Scale: 1" = 20' This Survey Map is not vafid without the signature and eriginai raised seal of a Florida Rc istered Land Surveyor and Mapper. BLOCK-5 ! LOT-6 (3 - 51 ) BLOCK-1 LOT-6 FD. NAf, Survevor'z Note, BLOCK-5 LOT-5 (3-51 ) 50.48' M. 50.00' P. ROYAL POINCIANA DIAMETER= 36" HEIGHT= 38' CANOPY- 30' 50.00' 50.10' M. ORIGINAL LOT LINL--� ____ —COCONUT AVENUE 50° TOTAL ( ASPHALT PAVEMENT ) BLOCK-5 LOT-4 (3-51 ) 50.0' P. & M. 50.00` P. & M ©WM —.�.._4 ORIGINAL LOT LINE Bear:,`, Mirk LJaed Dade County BM tt CG-25 E3ev= 10.83' € FCLND Z2 ABBREVIATIONS C PENCE nc}-ra F•=rr 0w O£EL l ,.. REF- .. rornro un« rco a,F a, - Pyre PAC,. e F._ ,-rr, u,s H ,.,scn ter, ,JnvFa,.t r)-Es c.c"-`orP t .o�222=a,ui),+troH 5 ❑H,"„ti�,., r r Ea¢ A+c,*n+MCN, n_c : <.a). r-n 3 wEN.;�.� RN, r�,,.�7 or :unr a oe r riG, OOD cc--nr�,� _N. r „r,, Pam, o> -MANHOLE Page 2 of 2 Survey Number: 8949A See Reverse BLOCK-5 LOT-1 ( 3-51 ) FD. 3/4'JA BLOCK-1 LOT-3 I3LOCK-1 LOT-2 0.48 0.56' BLOCK-1 I LLI LOT-1 120-00' P FO. NAIL FD. NAIL ! N- 8 DISK 8 DISK 1 BLOCK CORN88 P. P. 407,1 1 ci5 CD,c6 6y C _ l316, i _ _ IV1 _ PROFESSIONAL SURVEYOR AND MAPPER 12230 S-W. 131st Avenue, Suite 201 Miami, 1"lorida 33166 Tel: (305) 251-9606 Fax: (305) 251-6057 Boundary Survey Page 1 of 2 Survey Number: 8950 See Reverse Property Address: 35 Cocoduf enhe Mia. n. E=1:>rida 33l33 Certified To: 3teves Parking Inc; its successors tared/or < ssiss= s, as thenterests may appear_ Flood Insurance Rate Map (FIRM) Information: Community Number: 120650 Panel Number: 0.0169 Suffix: J Flood Zone: X Panel Revised Date: 03/02/94 Notes_ Legal Description provided by the ctient. This survey does not determine or imply ownership. 2 Examination Of the abstract of title will have to be made to determine recorded instruments, if any_ affecting this property. 3 Unless a comparison is shown. ail nreasured bearings_ angles and distances shown along the boundary lines are same as platted values_ 4. Elevations and vertical data, if shown are referred to N.G.V.D. 1929. 5. Underground ut€litres, footings, and(or underground encroachments are not located on this survey map. 6_ 1=ence ownership not determined. Apparent fence clearances and/or encroachments are noted by visual means only. 7 No identif cations caps found on recovered monuments, unless otherwise noted. 8. This survey is exclusively for the use of the parties to whore it is certified 9. Additions or deletions to this survey map siicdor report ore prohibited... 1"bis survey map is not vaibr4 wr'rtirout t1Ie signature and original raised seal of a f=lorida Registered Land Surveyor and Mapper. Legal Description: Lot , Block. i, PALM TERRACE, according to the map thereof, as recorded !n Plat Book 3, Page 47 of the Public Records of Miami -Dade County, Florida_ I hereby certify t53t this Sketch of Survey of the hereon described property is a true and correct representation of a survey made under my direction and said survey meets the minimum technical standards as set forth by the FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS in Chapter 61612-6 Florida Administrative Code pursuant to Section 472.027 F€orida Statutes and is accurate and correct to the Mast of my knowledge end belief. Field Work Date: I'u Odalys C. Bello, P. S. NL Professional Surveyor and Mapper No. 6169 12230 S-W. 1 31 st Avenue, Suite 201 Miami, Florida 33186 Teti (305) 251-9606 Fax: (305) 251-6057 a a rr7 #wry S Iry �- y Scale: 1 " = 20' This Survey Map is not valid without the signature and original raised seer[ of Florida Registered Land Surveyor and Mapper. BLOCK-5 BLOCK-5 LOT-6 LOT-5 i BLOCK-5 ( 3-51) Fri_ l -i (3-51) j LOT-4 ��.,0 50.48'M. 50.00' P. FO r 1.F _ 50 0 P. )& M. Fa /P. BLOCK-1 LOT-6 Page 2 of 2 Survey Number: 8950 See Reverse 410 ROYAL POENCIANA DEAMETER= 36" H E I G H T= 38' CANOFY= 30' BLOCK-1 LOT-5 60 CNJ CO -r- FD_ N.4fL 0.2' << 50.00' P. 50-10' M. ORIGINAL LOTLINE Fp NAIL & 0ISK COCONUT AVENUE 50' TOTAL RNV Surveyor's Note: Bench Mark Used : Dade Couriy BM #f CG-25 Ekey:, 10.83' I..FC;END ABBREVIATIONS -- - C.-:1 cr.-M1�c. _ a �:c�-:sy:n�Fr. <e _ < ., 3cn.. EN- rwNA -, ec rucncnrsunrn, z n�mr�NA, E FOUND nouEFLA, -r. ocezorean,rr .., FDur<, p. , - M E ki S RA, CC M1F-- U CE -' LDEL, LAW. N H yC 1 1 HE Nu. wA�rn NI _n< _ .._ �[ UQ♦vF v. [k]D CE BLOCK-1 LOT-4 170.00' P. & M. CORNER Lnr.4 5.00 CN SLOCKCORNER 7 LOT-7 MFD_ NAIL 1 CO & DISK i E3 1 1 , PROFESSIONAL SURVEYOR AND MAPPER 12230 S.W. 131st Avenue, Suite 201 Miami, Horida 33156 Tel: (305) 251--9606 Fax: (305) 251-6057