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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2nd Avenue, 7trh Floor • Miami, Florida 33130 Telephone 305-416-2030 + Fax 305-416-2035 www.miamigov.com PUBLIC HEARING APPLICATION FOR A SPECIAL EXCEPTION 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. 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. An additional fee to record Zoning Board resolutions will be charged and it is determined contingent upon fees charged at the time of recordation. Go to the Miami -Dade County Recorder's Office at 22 NW First Street, First Floor, and ask for a certified copy. Please have the original recorded document mailed to the address above and bring the certified copy to our office. 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 given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 01-06-06 Within the City generally; or within certain zoning districts, certain structures, uses, and/or occupancies specified; 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 the 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 judgment of the Miami Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions, except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Planning Department for his/her recommendation(s) and the Director shall make any further referrals required by these regulations. Yolanda A. Ga t arraga hereby apply to the Miami Zoning Board for approval of a Special Exception for the property located at 3065-6 i West 1'lagler Street folio number The property/location listed does not have any open code enforcement/lien violations. 2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 3. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 4. Plan needs to be stamped by Hearing Boards first and then signed by a) Public Works on the 8th Floor, b) Zoning on the 4t" Floor and c) Planning on the 3'd Floor, prior to submittal. Note: Plans are to be submitted to Zoning for review by appointment only starting from the 8t`' through the 30th of each month. Zoning will not be accepting plans on the first seven days of the month. 5. After obtaining signatures from the above departments, two (2) l lx 17" and one (1) 8 '/2 x 11" copies of the original plan, including the survey. 6. At least two photographs that show the entire property (land and improvements). 7. 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. 8. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as 'Exhibit A". 9, Affidavit and disclosure of ownership of the subject property (see pages 4 and 5). 10. Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7). 11. What is the acreage of the project/property site? 0.137 acres. Rev, 01-06-06 2 12. What is the purpose of this application/nature of proposed use? J1 1 ow a lnrtnr Off i in a, r-3 inn nr strict 13. is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the Floor for information. sic 14. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. +Jo 15. For corporations and partnerships, 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) For non-profit organizations only: A list of Board of Directors less than one (1) year old 16. Cost of processing according to Section 62-156 of the Miami City Code: Special Exception $ 800.00 Special Exception requiring automatic City Commission review $ 2,000.00 Extension of time for Special Exception $ 500.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from the applicant or a property owner within five hundred (500) feet of the subject property. Signature Address 198 SW 80 Ave. , of Name la.da A. Galarraga o Miami . fFlorida 33144 Telephone (305) 261 961 3 Date 02 /27 /2007 E-mail Address STATE OF FLORIDA COUNTY OF M1AMI-DADE The foregoin Was acknpwledged�laef re me this 7 day o 20 (0 , by %'h CIe rrr �% e who is a(n) individual/partner/agent/corporation 5bf a(n) individual/pprtnershipfcorporation. He/She is personally known to me or who has produced rslas identification and who did (did not) take an oath. (Stamp) Rev, 01-06-06 HELLEN FAIRBAIRN . MY COMMISSION # DO 537071 . EXPIRES: June 29, 2010 t4t"V BrndeuThru {Votary °vbk Under° rwerr r tfP> Signature AFFIDAVIT Before me, the undersigned, this day personally appeared Yolanda A. Galarraqa , who being by me first deposes and says: 1. 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 which 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, 0 including or 0 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 Affia•nt sayeth not. Yolanda A.Galarraga Applicant Name fi A Ica it Signatur STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoirqws acknowledged peore m this 62 7 day o 20 , by who is a(n) individuallpartner/agent/corPoration a(n) individu partnors i /corporation. He/She is personally known to me or who has produced tYt3nas identification and who did (did not) take an oath, Signature (Stamp) Rev. 01-06-06 MELLEN FAIRiAIRN fof t4. MY COMMISSION # DD 537071 ' - EXPIRES: June 29, 2010 Bonded That Notary Pubac Lindangritera DISCLOSURE OF OWNERSHIP 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. Owner's Name(es) Yolanda A. ,alarraga Subject Property Address(es) (1009-) Telephone Number (305) 261-9613 E-mail Address 2. Street address(es) and legal description(s) of any property: a) Owned by any party listed in answer to question #1; and b) Located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address Legal Description Yolanda A. Galarraga Owner or Attorney Name STATE OF FLORIDA COUNTY OF MIAM1-DADE 0 ner or A torney Signature The foregoiruwas acknowledge be ore me this V- '7 day of re 20,c 7 , by -,-cl(e-r-2 4 who is a(n) individualipartneriagenticorpo of a(n) individu /partners p/corporation. He/She is personally known to me or who has produced (Stamp) co as identification and who did (did not) take an oath. HELLEN FAIFIBAIFIN COMMISSION # co 537071 EXPIRES: June 29, 2010 Bonded Thru Notary Pub iic UnderwrOre Signature Rev. 01-06-06 5 DISCLOSURE OF OWNERSHIP 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 theft address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Jorge Rodriguez (100%) Subject Property Address(es) 3065-67 W Flagler Street Telephone Number E-mail Address 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 N/A Owner(s) or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description Owner(s) or Attorney Signature The foregoin as acknowledg d before me this day of 20 rpl , by -..L._):\A„..-.1€1,--------, V...k-- ,,,,,----\,),.. ei}k..-S who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me -6?-\who has produced , > '\..,,,i ,..--e„'Y-,%ek-as identification and who,did (did not) take an oath. 1 ',7--- el (Stamp) GABRIELA BENAVIDES NOTARY PUBLIC - STATE OF FLORIDA COMMISSION #DD0321548 MY COMMISSION EXPIRES MAY 19, 2008 nature Rev, 09-20-06 5 EXHIBIT 'A" 3065-67 WEST FLAGLER STREET. EL DORADO HEIGHTS. LOT 21 BLOCK 14 PLAT BOOK 5 PAGE 72 MIAMI .DADS COUNTY FL. PAGE 02 CONTRACT FOR SALE AND PURCHASE Date Prepared: October 7, 2006 PARTIES: YOLANDA A, ;ALARRAGA-RAMIREZ, M.D, P.A. ("8uyor") end JORGE E. RODRIG'UEZ ('Seller") hereby agree that Seller shell sell and Buyer shall buy the following reel property ("Real Property) and personal property ("personalty") (collectively "Property) upon the Perms and conditions of this Contract For Sale and Purchase ("Contract), which includes any Riders attached hereto. DESCRIPTION Or PROPERTY; A. Tax Folio No.: 01-4104-020-1760 B, Legal Description of Real Property: Lot 21, Block 14, ELDORADO HEIGHTS, Fiat Book 5, page 72, Public Records of Miami -Dade County, Florida. C. Street Address: 3065.3067 West Flaoler Street, Miami, Ronda. D, Personalty: (included in this sale are all fixtures including, but not limited to: antennae: fans; central and room A/Cs and heating units: all other electrical, plumbing, mechanical systems: and interior and exterior lighting fixtures, as presently attached to the Real Property,) The following items are excluded from the purchase: E. The real and personal property described above as included in the purchase is referred to as "Property" and The personal property listed above is included in the purchase price, but has no contributory value and is being left for Seller's convenience. 2. PURCHASE PRICE AND METHOD OF PAYMENT: A. PURCHASE PRICE: B, DEPOSIT to be held in escrow by JUULIO E. CASO, ESQ. Trust Account (''Escrow Agent") 1, Initial Deposit $1,000,00 2, Additional Deposit due within 10 days after Effective Date $ 9,000.00 3, Total Deposit ("Deposit") $10,000,00 C. FINANCING as a percentage of the purchase price (%) or dollar amount 95% to be provided by (please check as applicable): [ x j 1. New third party conventional mortgage loan a. [ x j first, or [ j second mortgage b.. { j fixed rate, (j adjustablelvarieble rate, [ x } fixed or adjustable/variable rate c. Term: thirty (30) year [ 2. New third party FHA or VA loan (see FHA/VA Rider) [ j 3. Assumption of existing mortgage(s) (see Financing Rider) [ j 4, Seller financing (see Financing Rider) j j 5. Other. D. OTHER TERMS_ Contract is subject to en appraisal. E. BALANCE TO CLOSE, in U.S. Dollars in cashier's check(s) issued by local financial institutions or in certified checks certified by local financial institutions, subject to adjustments and prorations. 3. FINANCING: If a portion of the Purchase Price is to be financed by a third party loan described in Paragraph 2.C.(1) or 2.C.(2) ("Loan"), Buyer shall obtain the Loan at Buyer's expense at the prevailing interest rate and loan costs, Buyer agrees: (a) to apply for the Loan within five (5) days (five (5) days if left blank) after the Effective Date; (b) to use reasonable diligence to obtain the Loan; (c) thereafter, to meet the terms and conditions of the Lean commitment; and (d) to close the Loan. If Buyer fails to obtain a written commitment for the Loan within thirty (30) days (forty-five (45) days if left blank) after the Effective Date, this Contract shall be automatically canceled (unless Seiler grants a written extension, which shall not exce:d an additional 45 days), the Deposit shall forthwith be returned to Buyer, and Buyer and Seller shall be relieved, es to each other, of all obligations under this Contract. ACCEP T ANCE;FACS?MILE; EFFECTIVE DATE If this offer is not executed by and delivered to all parties on or before October 11,2006, the Deposit will, at Buyers option, be retumed to Buyer and this offer withdrawn. Facsimile copies of b°;" 1.<': aria rPic - this Contact, signed and initialed In counterpart, shall be considered for all purposes; including doiivery, as originals. The "Effective Date" of this Contract will be the latter of: {e) the date when the last one of the Buyer and Setter has signed this offer; (b) it changes in this offer (after signature) have been made and initialed by the parties, the date when the last one of the Buyer and Seller has initialed those changes; or (c) Buyer obtains a Special exemption (see special clauses). DATE AND PLACE OF CLOSING; This transaction shalt close on a date Viet by lender, but no later than 90 days from the Effective Date, ,.-; ..actfGtee' , : .. - . • _, A: -'!ll. .id rA 6.. f- Dui on of -t '! : e - E . ii! :lilt exemption to operate a medical office on sub]act exemption. If Buyer is unable to obtain a special immediately returned to the Buyer.;3) • • Alimmar T� (2) Contract is strictly contingent on Buyer obtaining a special property. Buyer shall pay for the expenses to obtain said special exemption. Buyer shall notify Seller in writing and all deposits shall be -f all l vows 7. RIDERS. (Check applicable Riders which are attached to this Contract), [ 1 1. Association Rider [ j 5. Interest Bearing Escrow Rider [ j 2. FHM/A Rider [) 6. "As Is" Rider [ ) 3, Latent Defect Rider (] 7. Miscellaneous Clauses Rider j ] 4. Financing Rider j ] S. Coastal Construction Control Line Rider [ j 9. Other: -STANDARDS FOR REAL ESTATE TRANSACTIONS---------------------- 8. EVIDENCE OF TITLE: A. DEFINED: Evidence of title shall be defined as; (1) AN EXISTING ABSTRACT OF TITLE, prepared by a reputable and existing abstract firm ;If firm is not existing, then abstract must be certified as correct by an existing firm), purporting to be an accurate synopsis of the instruments affecting the title to the Real Property recorded in the public records of the county wherein the Real Property is located, which shall commence with the earliest public records ("Abstract'), or (2) IF AN EXISTING ABSTACT OF TITLE IS NOT AVAILABLE, Seller shall provide an existing or prior owner's title insurance policy qualified for use as s title base for reissuance of coverage on the Real Properly at the Purchase Price ("Prior Policy) together with copies of all exceptionsthereto and, at Seller's option, either. (a) an abstract continuation from the sffectve date of the Prior Policy; or (b) a computer title search printout and name search printout, from the effective date of the Prior Policy and certified to Buyer's closing agent, together with copies of all documents recited in the Prior Policy and in the computer searches; or IF NEITHER. AN EXISTING ABSTRACT NOR A PRIOR POLICY IS AVAILABLE, Seller shall provide, at Seller's option, either (a) alternative title evidence acceptable to Buyer's closing agent; or (b) a standard title insurance commitment issued by a Florida licensed title insuror agreeing to issue to Buyer, upon recording of the deed to Buyer, en owner's policy of title insurance in the amount of the Purchase Price, subject only to those title exceptions set forth in this Contract or which shall be discharged by Seller at or before Closing, If Seller provides a titie insurance commitment, Seller shall pay the premium for the owner's title insurance policy. B. CERTIFICATION, MARKETABILITY Evidence of title shall be certified or brought current through a date not more then 30 days prior to Closing. Evidence of title shall show a marketable title of record in Seller, in accordance with (3) 82aeoece. .AGE 84 current title standards adopted by the Florida Bar, sesb)ect only to these title exceptions permitted by tills contract or wh h shall bo discharg,ad by Salley at or before Closing. At Cimino, Seiler shall convey to Buyer a marketable title of record as described in this paragraph. C_ DELIVERY, EXAMINATION: Seller, at Seller's expense, shall deliver evidence of the to Buyer at least 15 days prior to Closing and if evidence of title is not received by Buyer as required, Buyer may delay the Closing so that Buyer shall have up to 15 days from date of receipt of evidence of title to examine same, Buyer shall examine evidence of title within 15 days after receipt thereof, and Buyer shall, within the same 15 day period, notify Seller in writing of any title defects. if any title defects render the title unmarketable, Seller shall use diligent effort to cure such defects (including the bringing of necessary lawsuits) within 60 days from receipt of such notice. If Seller shall fail to cure such defects within the 60 day period, Buyer shall have the option di: (1) accepting title as it is; or (2) demanding a refund of the Deposit, in which case, the Deposit shall forthwith. be returned to Buyer, and Buyer and Seller shall be relieved, as to each other, of ail obligations under this Contract. Upon Closing, the evidence of title shall become the property of Suter. RESTRICTIONS AND EASEMENTS, BUILDING AND ZONING: (A) Buyer shah take title subject to: (1) zoning restrictions imposed by governmental authority; (2) restrictions and matters appearing on the plat, or otherwise common to the subdivision; (3) taxes for the year of Closing; (4) assumed mortgages and purchase money mortgages, if any; (5) restrictions, utility easements or other matters which do not render the title unmarketable or adversely affect the present use of the Property. (3) Sailer warrants that, at the time of Closing, there shall be no violation of building or zoning codas. If the Property is in violation of such codes, Seller shall pay for the expenses required to bring the Property into compliance with such codes at time of Closing, subject to Subparagraph 12,E. below. This warranty shall not survive Closing. 10. SURVEY: Buyer, within the time allowed for delivery of evidence of title and examination thereof, may have the Real Property surveyed at Buyers expense, If the survey shows any encroachment on the Real Property or that the improvements presumed to be located on the Real Property in fact encroach on setback lines, easements, or ;ands of others, or violate any restriction, Contract covenant, or applicable governmental regulation, the same shall be treated as a title defect which renders title unmarketable. 11, INGRESS AND EGRESS: Seller covenants and warrants that there its Ingress and egress to the property over public roods. 12, INSPECTIONS: The parties acknowledge that the Property is not new construction. Within 15 days after the Effective Date, Buyer may, at Buyers expense, obtain and furnish to Seller the written inspection reports described below, All reports, repairs and/or treatments described in Subparagraphs A and B below shall be performed by a person or firm holding an appropriate Florida license. Ail reports, repairs and treatments described in Subparagraph C below shall be performed by a person or firm specializing In such matters and holding an occupational license (if required) for such work or by an appropriately licensed Florida contractor. Buyer may have repairs and treated iterne reinspected prior to Closing, Should the Property suffer any damage as a result of any inspections performed at Buyer's request, Buyer shall be solely responsible for repair of any such damage and restoration of the Property. Seller shall provide access and utilities to the Property for all inspections. A. TERMITES: (1) If the report discloses evidence of live ternites, other wood -boring insect infestation, crwood destroying organisms (collectively "Infestation'), Seller shall be required to have said Infestation chemically treated or repaired prior to Closing by a person or firm chosen by Seller, subject to Subparagraph E below. (2) If the report discloses evidence of prior Infestation, then Seller shall have the affected area chemically treated or repaired prior to Closing by a person or firm chosen by Seller, subject to Subparagraph E below, unless Seller furnishes Buyer with a certificate of chemical treatment by a person or firm within five (5) years of the Effective Date and a current transferable guarantee, (3) If the report discloses damage from Infestation, Seller shall pay for the cost of such repairs, subject to Subparagraph E below. B, ROOF: If the report discloses evidence of existing leaks, or damage to facia, soffit, sheathing or rafters, Seller shall pay for the required repairs by a person or firm chosen by Seiler, subject to Subparagraph E below. C. OTHER INSPECTIONS: If the report discloses functional defects (as distinguished from aesthetic defects) with respect to air conditioning and heating systems, electrical systems, alarm systems, plumbing systems, septic tank, appliances, machinery, sprinkler systems, seawall, pool, structural, radon and environmental inspections, and lead - paint hazard inspections. Seller shall pay for the required repairs by a person or firm chosen by Seiler, subject to a 4WE Subparagraph E below, to lace such inspected items it ;. r .ing condition or free from cant amin ation, as appropriate, poor to iDlo6in�. D. SECOND INSPECTIONS: trVithin 5 days of Seller's receipt of Buyer's written inspection reports, Seller shall have °he right at Sellef s expense, to obtain, and deliver to Buyer, a second written inspection repot, in the event Buyer's and Seller's respective reports do not agree and the parties cannot mutually resolve their differences, Then Buyer and Seller shell agree on a third inspector and obtain a third written report within 3 days, which report shall be binding upon the parties. The cost of a third inspector shall be borne equally between the Buyer and Seller. LIMI T ATiON: in no event shall Seller's total liability under paragraph S.(B) and Subparagraphs A, 2, C and D above exceed four percent (4%) of the Purchase Price. if the total cost of all required expenses, treatment and repairs does exceed said percentage, Buyer may elect to pay such excess, Should Buyer elect not to pay the excess, Seiler may pay the excess ar cancel the Contract by delivery of written notice to Buyer or his agent, and the Deposit shall forthwith be returned to Buyer, and Buyer and Seller shall be relieved, as to each other, of ail obligations under this Contract. F. WALK-THROUGH: Within forty-eight (48) hours prior to Closing, Buyer shall be ended to inspect the Property to ensure that all items included in the sale are on the Property, that all required repairs have been made, and that the Property has been maintained, including but not limited to the lawn, shrubbery and pod, if any, in the condition as contracted, ordinary wear and tear excepted, G. WAIVER OF BUYER'S INSPECTION RIGHTS: Buyers failure to provide written inspection reports in accordance with this paragraph shall be deemed a waiver of Buyer's inspection rights hereunder and the Property shall be accepted in "as is' condition. in such event, Seller shall not have further responsibilities as to repairs or treatments as described above, 13. EXISTING MORTGAGES: Seller shall obtain, and furnish to Buyer no later than 10 days prior to Closing: (a) an estoppel letter for each existing mortgage containing the necessary data for payoff, and (b) for equity line loans, a written statement from the mortgagee showing that the account has teen closed in accordance with mortgagee's requirements to facilitate payoff at Closing. Any prepayment penalties charged by mortgagees shall be paid by Seller_ 14. POSSESSION; LEASES: finless otherwise specified in this Contract: (a) Seller warrants and represents that there are no parties in possession or with a right to possession of the Property other than Seller, and (b) Seller shall deliver possession of the Property to Buyer at the time of delivery to Seller of the proceeds of the sale in accordance with Paragraph 20. If this Contract specifies that there are parties in possession or with a right to possession who shall retain such possession or right to possession after Closing and delivery to Seller of the proceeds of sale, then; (c) Seller shall, no later than 15 days after Effective Date, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenants occupancy, rental rates, advance rent and security deposits paid by tenant, and (d) at Closing; (1) the rent shall be prorated; (2) any security deposit and advance right shall be paid to Buyer, and (3) all original [eases shall be assigned and delivered to Buyer. See Special Clauses for additional terms. 15. INSURANCE: The premium on any hazard insurance and flood insurance policies in force covering improvements on the Property shad be prorated between parties, ar the policies may be canceled as Buyer may elect_ if insurance is to be prorated, Seiler shall, on or before Closing, furnish Buyer all insurance policies or copies thereof. Seller shall not be responsible if the insuror cancels the policies. 16, RISK OF LOSS: if the improvements are damaged by fire or other casualty before delivery of the deed and can be restored tc substantially the same condition as now existing within a period of 60 days thereafter, Seller may restore the improvements and the Closing shall be extended accordingly. If Seiler fails to so restore the Property, Buyer shall have the option of (a) taking the Property in 'as is' condition together wilh the insurance proceeds, if any, or (b) canceling this Contract and the Deposit shall forthwith be returned to Buyer, and Buyer and Seller shall be relieved, as to each other, of all obligations under this Contract. 'r MAINTENANCE: Eetween the Effective Date and the Closing, the Property, including lawn, shrubbery and pool, if any, shall be maintained by Seller in the condition es it exists as of the Effective Date, ordinary wear and tear excepted, 18. ESCROW AGENT: Any escrow agent (°Agent) including the Escrow: Agent for the Deposit, receiving funds or equivalent: ("Escrow Funds"), is authorized to receive the Escrow :Funds, hold the Escrow Funds in escrow, and, subject to clearance, disburse the Escrow Funds according to this Cent act. If Agent is in doubt as to Agent's duties or liabilities under this PAGE OE Contract, Agent may, at A.gent's option: (a) continua to hold the Escrow Funds „irnil Buyer and Seller mutually agree t� its cisbursement or until judgment of a court of competentdetermine the rights of the parties; or (h) place the Escrow Funds into the registry of the circuit court having jurisdiction of the dispute and interplead the parties having err interest in the Escrow Funds, Upon notifying all interested parties or such action, ail liability on the part of Agent shall fully terminate, except to the extant of accounting for the Escrow Funds. If Agent is a licensed real estate broker, Agent will comply with the provisions of Chapter 475 FC (1991) as amended, Any suit between Myer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent places the Escrow Funds into the registry of the court and interpleads the interested parties, Agent shall recover attomey's fees and costs incurred, which foes and costs shall be paid from and out of the Escrow Funds and charged and awarded as court costs in favor of the prevailing party. All parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of the Escrow Funds unless such misdeliverj is due to willful breach of this Contract or gross negligence of Agent. 19. CLOSING DOCUMENTS: Seller shall deliver to Buyer at Closing: (a) statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, free and clear of all reverter clauses and reservations for draining, phosphate, minerals, metals, petroleum and road rights -of -way, whether in favor of an individual or governmental unit (waiver of right of entry from governmental unit shall be sufficient), but subject to matters contained in paragraph 8.(A); (b) Bill of Sale conveying Personalty; {c) affidavit attesting to the absence of liens or potential knots known to Sailer, gap affidavit, and affidavit of possession: (d) IRS form 1099b or such other forms as may be required by federal government from time to time; (e) FIRPTA affidavits or exemption certificates as may be required to exempt Seller or any agent from the income tax withholding requirements or Seller shall authorize Buyer to withhold the necessary amount 20, CLOSING PROCEEDS; ESCROW AND DELIVERY; The proceeds of the sale, including the Deposit, shall be held in escrow by Seller's attorney, or by such other mutually acceptable escrow agent, for a period of not longer than 7 days after Closing, to allow evidence of title to be continued at Buyer's expense, to show record title in Buyer without any intervening liens, encumbrances, or defects which would render Buyer's title unmarketable. If title is rendered unmarketable through no fault of Buyer, Buyer shall, within 7 day period, notify Seiler and the escrow agent in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure said defect. If Seller fails to timely cure said defect, all monies paid hereunder, including the Deposit, shall, upon written demand therefore and within 5 days thereafter, be returned to Buyer by escrow agent and, simultaneously with such repayment, buyer shelf vacate the Property, reconvey same to Seiler by Special Warranty Deed, and return the Personalty. If Buyer faits to timely notify Seiler of any such title defects, Buyer shall take title "as is", waiving ail rights against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contained in the deed. Buyer shall be entitled to possession of the Property upon delivery to Seller of the proceeds of the sale, which shall be at Closing if the escrow of closing proceeds is waived. The escrow of closing proceeds required by this Paragraph shall be waived if the Buyer receives title Insurance against adverse matters pursuant to Section 627,7841 F.S. (1991), as amended. Seller shall have the right to receive Seller's net proceeds of sale in cashier's checks issued by local financial institutions if Seller gives Buyer written demand for such checks at least 7 days prior to Closing, 21. EXPENSES: State documentary stamps and surtax on deed and the cost of recording any corrective instruments shall de paid by Seller. Documentary stamps to be affixed to the note secured by the purchase money mortgage, intangible tax on the purchase money mortgage and the cost of recording the deed and purchase money mortgage shall be paid by Buyer_ 22. PRORATIONS: All prorations shall be made as of midnight of the day preceding the Closing. Real and personal property taxes shall be prorated based on the currant year's tax with due allowance being made for the maximum allowable discount and for homestead or other exemption if allowed for said year, if Closing occurs at a date when the current year's assessment is not available, then taxes shall be prorated based on the prior year's tax. However, if there are completed improvements on the property by January 1- of the year of Closing which improvements were not in existence on January 1'I of the prior year, then the taxes shall be prorated based upon the prior year's mil$age and at an equitable assessment to be agreed upon between the parties_ However, any tax proration based on an estimate may at the request of either party be subsequently radjusted upon receipt of the tax bill, and a statement to that effect will be set forth in the closing statement, Waste fees, association fees, expenses and revenues of. the Property shall also be prorated. 23. SPECIAL ASSESSMENT LIENS; Certified, confirmed and ratified speciai assessment liens as.of Closing are to be paid by Seller. Fending flans as of Closing shall be assumed by Buyer, provided, however, that where the improvement has been substantially completed as o! the Effective Date, such pending lien shall be considered es certified or ratified and Seller all, at Closing, be charged an amount equal to t`ca estimate: by the public body of the assessment for the improvement. 24. PROPERTY TAX DISCLOSURE SUMMARY: Buys responsible for property, tax increases due to change in ownership. Buyer should not rely on the Seller's currant property taxes as the amount of property taxes that Buyer may be obligated to pay in the year subsequent to purchase. A change of ownership or property improvements triggers reassessments of the property that could result In higher property taxes, if you have any questions concerning valuation, contact the county property appraiser's office for further information. 25, JOINDER OF SPOUSE: in the event there is failure of a spouse of Buyer or Seller to join In the execution of any documents required by a mortgage lender due to Florida homestead law considerations, whether in the case of a new mortgage or an assumption of an existing loan, such failure shall be deemed a default under this Contract_ 26. PERSONS BOUND; GENDER; FLORIDA LAW: The benefits and obligations of this Contract shall enure to and bind the respective hairs, personal representatives, successors_ and assigns of the parties hereto. Whenever used, the singular shall 'include time plural, the plural the singular, and the use of any gender shall include all genders, This Contract shall be governed by the law of the State of Florida, 2?. DEFAULT: If Buyer fails to perform this Contract within the time specified (including the payment of the Deposit), the Deposit made, or agreed to be made by Buyer, may be retained or recovered by or for the account of Seller as agreed upon liquidated damages as consideration for the execution of this Contract and in full settlement of Sellars claims, whereupon Buyer and Seller shall be relieved, as to each other, of:all obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Sellers rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Sevier fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the right of Buyer's Deposit without thereby waiving any action for damages resulting from Sellers breach. 28. A T LORNEY'S FEES AND COSTS: In connection with any litigation including all appeals and interp!eaders) involving the Seiler, Buyer, Listing Broker, cooperating SubAgent of Broker, Buyer's Broker, or Escrow Agent, arising out of this Contract, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees at trial and appellate levels. 29, ASSIGNABILITY: The Buyer may not assign this Contract without the written consent of Seller. 30. TIME: Time is of the essence for ail provisions of this Contract. 31. ENTIRE AGREEMENT; TYPWRITTEN OR HANDWRITTEN PROVISIONS; NOT RECORDABLE: This Contract, including any exhibits and Riders attached, sets forth the entire agreement between Buyer and Seller and contains all of the covenants, promises, agreements, representations, conditions and understandings. Typewritten or handwritten provisions inserted in this Contact or attached hereto as exhibits or Riders shall control all printed provisions in conflict therewith, Neither this Contract, nor any notice of it, shall be recorded in any public records. 32. RADON GAS: Radon is a naturally occurring radioactive gas that, When it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it aver time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, Additional information regarding radon and radon testing may be obtained from your county public health unit. 33, MOLD: Mold is part of the natural environment that, when accumulated in sufficient quantities, may present health risks to susceptible persons. For more information, contest the county indoor air quality specialist or other appropriate professional, 34. PRE-1978 HOUSING LEAD -BASED PAINT WARNING STATEMENT: "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1378 is notified that such property may present exposure to lead from lead -based paint that may place young children, at risk of developing lead poisoning. Lead paiscnina in young eaoaciaeFjoD PAGE ;- Qintioran rnzy produce permanent near logical damage, including learning disabilities, reduced intelligence quotient, behavierat nrobk m5, rind impaired memory. Led poisoning also posnec, perticdk r r5k to pregnant women. The s 1[er of any interest in residentlai real property is required to provide the buyer with any information on lead -based paint hazards from risk assessments or Inspections in the seller's possession and notify the buyer of any known feed -leased paint hazards. A risk assessment or inspection, for possible lead -leased paint hazards is recommended prior to purchase." For purposes of this paragraph, lead -based paint will be referred to as'LEP" and lead -based paint hazards will be referred to as "LBPH Seiler has no knowledge of LBPILBPH in the housing and no available LBF/LBPH records or reports, except es indicated: Buyer may, within the inspection period, conduct a risk assessment:or inspection for the presence of LBP/LBPH in accordance with the provisions of the "As Is" Rider/Clause, LBPILBPH conditions that are unsatisfactory to Buyer will be treated pursuant to paragraph 12, Seller is aware of his obligation lc provide and disclose information regarding LBP!LBPH in the property as required by federal law and is aware of his or her obligation to ensure compliance with federal lead -based paint law. Buyer and Seller have reviewed the information in this paragraph and certify, to the best of Buyer's knowledge, that the information provided is true and accurate. 35. FLOOD INSURANCE: Seller discloses and Suyer acknowledges that if the real property described in this contract is located in Unincorporated Dade County, it is likely that the property is located in a Coastal High Hazard Area or a special Flood Hazard Area as those terms may be defined by Section 11 of the Code of Metropolitan Dade County. Buyer is given days (five days if left bank) from the effective date of the contract (the 'inspection period' for purposes of this paragraph) within which to determine whether the Property is located in a Coastal High Hazard Area or a Spacial Flood Hazard Area in Unincorporated Dade County and the special dsks associated with property located in such areas. If the property is located within one of such areas, then the Buyer rnay terminate this contract and receive a refund of the deposit by delivery to Seiler (and to Broker, if applicable) of written notice of Buyer's election to terminate this Contract within the inspection period. If the Buyer fails to deliver said notice of termination within the inspection period, Buyer waives the right to make any objections with regards thereto, and thereby agrees to be bound by the contract regardless of whether the property is located in either area. IF THE HOME OR STRUCTURE IS LOCATED IN A COASTAL HIGH HAZARD AREA OR SPECIAL FLOQID HAZARD AREA, AND THE HOME OR STRUCTURE IS BELOW THE APPLICABLE FLOOD ELEVATION LEVELS AND IS SUBSTANTIALLY DAMAGED OR SUBSTANTIALLY IMPROVED, AS DEFINED IN CHAPTER 1'[C OF THE METROPOLITAN DADE COUNTY CODE, IT MAY, AIv1CNG OTHER THINGS, BE REQUIRED TO BE RAISED TO THE APPLICABLE FLOOD ELEVATION LEVEL, 3U_ WARRANTY: Seller werrants and represents that there are no facts known to Seller which materially affect the value or desirability of the Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer. 37, REAL PROPERTY DISCLOSURE Seller discloses to the Buyer the following which is material information regarving the condition of the property: THIS I5 INTENDED TO BE A LEGALLY BINDING CONTRACT IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING BUYER: - Tax I,D.# 7�r"-f4- a Address: 1 <5> Date rest initialed by Buyer, if applicable: Date signed by Buyer. OLANDA A. G,ALAR . A -RAM 1REl, M.D., P.A, ax I.D,# BROKERAGE FEE; Seller acknowledges that this Contract has been read in its entirety and agrees to sell the Property for the terms and conditions stated in this contrect, and does hereby approve, ratify, and confirm the Contract le all respects. The undersigned Seller acknowledges the employment of The Broker(s) nad herein as sole agent(s) of the Seiler (or of the Buyer, i so designated) and agrees to pay said Broker(s) rite ,i/i1 % of the Purchase Price of ,tr {plus service sale tax, if applicable) for services performed in finding a Buyer ready, willing, and able to pi base the Property pursuant to this Contract, Said lee is payable at time of Closing of this transaction. The provisions of this paragraph shell survive the Closing_ if Buyer fails to perform and the Deposit is retained, 50% thereof, but not exceeding the Broker's tee provided above, shall be paid to Broker as full consideration tor Broker's services, and the balance shall be paid to Seiler. if the transaction shell not close because of refusal or failure of the Seller to perform, or; if Buyer and Seller shall mutually rescind this Contract without Broker's consent, Seiler shall pay the full fee to Broker upon demand, In any litigation arising out of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable attorney's fees and costs, including at trial and appellate level. SELLER: orS-e Tax 1.0,# Address: Date East initialed by Seller, if applicable: Date signed by Seller, z--T35 JORGE E. F1O IGUEZ Tax1.D# 35. BROKER: The Broker(s) named below constitute the agent(s) of the Seller (or of the Buyer, if so designated) regarding the sale of the Property, and each Broker hereto will hold the ether Broker harmless from any claims for brokerage fees arising from his/her dealings with any Broker not specified herein. By their execution, the Brokers) agree to the brokerage fee specified herein and to the proportions set out adjacent to their names, n/a Firm name of Listing Broker By:� (Authorized Signatory) (Authorized Signatory) 36. DEPOSIT RECEIPT; The Deposit (subject to clearance) vvas received on disbursed according to this Contract by the undersigned Escrow Agent, Firm name of Escrow Agent Telephone: By: n/a Firm name of Seller Broker as (check one): ( 1 Cooperating Sub -agent of Listing Broken or ( j Buyer's Broker By; and shall be held and (Authorized Signatory) w ■MIIN in WI IM NW NIN INN OFF. REC 228338PG1485G PAGE �-h!s tnses'�smeae 7Prgnreri bya P I3A M1. DAVIS 201 ALaiAJ414J CIRCLE S UTTt B©1 COi?'L GABLES, FL, 33134 rcel M 7'4Utnbcr: 01. tl-4Q104-©20-1760 Grantee #7 TiN:ar.�3 1 i t \ — - Crrantee i12. TIN: Warranty Deed 0121(23-76 1S 2002 APR 58 10; it OOCTDERIX IfARVEY RUVIh9Y��CLEM(�DADE Cflub4r bpFt This indenture, Made this I S T14 day- of } c"�A 1...._- 9 2002 AD- r JOHN R DAVIS and 'EL13A M. DAVIS, h/w of 1/3 interest; IDA TEO-ERA and 'AtJL .7'. TE.3ERA7 th/w of 1/3 interest; and MArfl3 L H. GUUTIERREZ and SOFIA _E...__..... , lk/-w, _. _ of 113 interest , as to r antra in common c/o 1252 veanetia ANrenuea , Coral Gables, F l . 33134 of tree County of MIAMI -DADE t State of Fle.sa.cL JORGE E. RODRIGUEZ Between grantor, and Fsyse address ia30 (01 r1V a'.5FL A c ✓ - 1�^ �iL- ,,-.?-7---i *' t* 1v ( A .y 1. : 5 13 5' M of the Cennty of MIAS—DADE State of Er.1orida,. �.J , granteee, Watnesseth that the GRANTOR, for and in consideration of the sum of -----TEN DOLLARS ($10) DOLLARs, and other good and valuable consideration to GRANTOR. in hand paid by GRAN! t.E, the rc ceipt Whereof is hereby acknowledged., ha, granted, hargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, sireatc, lying and being in the County of ji .raj—cia,de Sttic of Florida to..vit: Lot 21, in Block 1.4 of EL DORADO HEIGHTS, according to the Plat thereof as recorded in Plat E©ok 5, at Page 72, of the Public Records o£ Miami -Dade County, Florida_ (Care.t.inuetd on Attached) and the grantor does hereby fully warrant rho title so said land, and will defend the same against Iawful claims of sl1 persons in SV1tneSS VIte8•CQfr the grant°, has hereunto sc4 his hand and ;5eai the day and year first above written. Signed, sealed and delivered in our psescrnre: Printed Name : 1,.. Printed Witness Nt am : \I- Printed Name Witness ..49ZOLAT Printed Name: Witn.ens Y rt iLeti Wit'ess xd . Printed Name: Witness n'totnfioever. JOHN (R ?Avis P.O. Add 1252 Venetia Ave.. CORAL GABLES, FL 33134 ELbA M. DAVIS + P.©, Address: 1252 Venetia, Avc_,lORAL GABLES, FL 33134 IDA TE3F R1 P.O_ Address: 4201 S.W. 871-111 AVENUE, 0,11AA11, FL. 33164 PAUL _ TE RA P.0_ Acith:e 0 SOFIA P.O.A ddr STATE OF Florida COUNTY OF MIAMI -LADE Tbc £ rcgaitag Instru¢nent was acknoveledged before me this l da-y of JOHN R DAVIS and E.I.DA M _ DAVIS , hUsbarxd and. IDA Tr -MBA and PAUL H. '.CFJ RA, husband an wife_ he is personally known to me or he has produced his AVENUE, MIAMI, FL. 33165 ate, Coral Gables, FL 33134 1252 Venetia Avenue, Coral Gnblea, Ft, 33134 TESTER G_ KATES MY COdtvMISSl0N;CC 734277 EXPIRES: June 10, 2002 aOod Thu NNmry Pi@tie tincla rrnprs 'rife and (SeaJ) (Seal) (Seat) (Seal) (Seal) (Seal) as identification. Pro �1/ a'ted lA7 tie: i F L3 Public My Coanmi.,seon Expires: • Ly a.` Display SYnxcme. Sac.. 2'300 (7.63) Forma 7F7.u%0-6 ra d Page 2 grr. REC 9PC 20338PG4867 Parse IP Nownbe.r: 410 4_020...,1760 Subject to oanaments and restrictions of =eaccora, witholst J.ntent to reimpose the ammo, mind nubj'ect to taxr tho year 2002 and sl-ibnoquent yearn_ STATE OF -€0-UNV34, The foregoing inohowverir won acio”awledged bel9rc a this day 0.f MANUEL H. GUTIERREZ and SOVIA E. GUTIERREZ who is pmscsno)ty Xr,,,0 to me or who hos producrd Printed Name: Notary Public My Commission Expires: FICLALIYOTARY griLl SAMDFIA eaAmrro COMUJIMON NLIMPZR GUMBOS MY 001,0460104.4 EXPIRE/3 0 Ay 20o2 b, itioratification. glartjaCtEr, OF4WAAt. RECORDS L7- CPCVICE COGNTV, R_PRADAL. aettimroOtta VIKAVF,sc> 1-LAIIVEY FWVIPti C..LERX CaRCOCT couRr Laser Oence.rad b, D1,rday inc .2,X1E1 <N*3) '5.3-5.555 ror, FV1V1:1-1