HomeMy WebLinkAboutApplication & Supporting DocumentsCOMPREHENSIVE PLAN APPLICATION
JL LPL L
HEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearing boards
Welcome to the City of Miami! This application is intended to serve as a guide in assisting you
with our public hearing process. Please feel free to contact us, should you have any questions.
The deadline to file the complete application with supporting documents is the last five working
days. of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm.
The application submittal date is the date stamped by Hearing Boards' staff on this page.
The responses to this application must be typed and signed in black ink. 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. Should you wish, you
could bring the materials to our office for review before the deadline to ensure completeness.
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. All documents, reports, studies, exhibits (8'/x11") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
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.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
COMPREHE:NLSIVE PLAN APPLICATION
Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information.
Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC as owner
2. Subject property address(es) and folio number(s): approx. 230 SW 3rd Street 01-4137-038-0030
3. Present designation(s)`. Major Institutional, Public Facilities, Transportation and Utilities
4. Future designation(s):
Restricted Commercial / High Density Multifamily Residential
. If, the requested Land Use is approved, will a Rezoning be requested for consistency with the
Zoning Atlas, per F.S. 163.3184(3)(e)? yes If yes, please contact Planning at 305-416-1400.
6. Has the designation of this property been changed in the last year? If so, when? no
7. Do you own any other property within 200 feet of the subject property? no
If yes, has the property been granted a Land Use Change within the last year?
8. One (1) original, two (2) 11x17" copies and one (1) 8'/2x11 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.
9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description.
11. At least two photographs showing the entire property showing land and improvements.
12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
14. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
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.
15. Certified list of owners of real estate within 500 feet of the subject property.
16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
17. Orignal Public School Concurrency Management System Entered Requirements form.
Rev. 03-2011 2
COMPREHENSIVE PLAN APPLICATION
18. The subject property(ies) cannot have any open code enforcement/lien violations.
19. What is ihe acreage of the project/property site? approx. 1.588 acres
20. What is the purpose of this application/nature of proposed use?
affordable housing
21. Is the property within the boundaries, .of a historic site, historic district or archeological zone?
Please contact the Planning' Department on the 3rd Floor for information. no
22. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning Department on the 3rd Floorfor information. no
23 Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning
Department on the 31d Floor for information and further instructions. no
24. Cost of processing according to Section 62-156 of the Miami City Code*:
Application to Amend the Comprehensive Neighborhood Plan to:
a. Conservation, Recreation, Residential Single Family,
Residential Duplex $ 300.00
b. Residential Medium Density Multifamily $ 450.00
c. Residential High Density Multifamily, Office, Major Public Facilities,
Trar.^portation/Utilities
d. Commercial/Restricted, Commercial/General and Industrial
e. Central Business District (CBD)
f. Surcharge for advertising each item
Public hearing tina public meeting mail notice fees, including cost of
handling and malting per notice
$ 550.00
$ 650.00
$ 1,200.00
$ 1,200.00
$ 3.50
*Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be paid in
the form of a cifi cJ chec ier's check, or money order.
Signature
Name
Javier F. Avino, Esquire
Address
333 Avenue of the Americas
Miami, FI 33131
Telephone 305-579-0703 E-mail avinoi(c�gtlaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 20 day of ii111 _(
20 (( , by Javier F. Avino, Esquire
whJ is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who .has produced
as identification and who did (raid not) take an oath.
(Stamp)
Signature — " "
„than„B
L'i
MARISOL RODRIG Z
,
?". ,,�`.`:i Notary Public - State of Florida
My Comm. Expires Sep 27, 2014
'',F,„ ,‘ , Commission # EE 30092
Rev. 03-2011
3
REZONING APPLICATION
AFFIDAVIT OF AUTHORITY T 0 ACT
Before me this day, the undersigned personally appeared Javier F. Avino, Esquire
, who being by me first deposes and says:
1.. That he/she is the owner or the legal representative of the owner, submitting the public hearing
application as required by the Code of the City of Miami, Florida, affecting the real property located in
the City of Miami, as listed on the foregoing pages.
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, x including or 0 not including responses to day to day staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing
addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner
or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant sayeth not,
Javier F. Avino, Esquire
Appiicant(s) Name
�Appli ant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this -)0 day of ___212___
20 ' t , by Javier F. Avino, Esquire
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp) Signaf r�
MARISOL RODRIGUEZ
• Notary Public - State of Florida
• My Comm. Expires Sep 27, 2014
Commission # EE 30092
- ®_4
CITY OF MIAMI
HEARING BOARDS
Ph: 305-416-2030
AAA Cl\/ ')nd A.ro 7d, Rl,ws,. T f .,,,,; 1+'T 411 Rr1
EZ l
G APPLICATION
DISCLOSURE OF 0 WNERSHIP
1 List the owners) 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 necessary.
Owner's Name(es) 230 SW 3rd St,.LLC
Percentage of Ownership George Heisel 60% and Steve Rhodes 40%
Subject Property Address(es) approx. 230 SW 3 Street
See attached Exhibit "A"
2. List all street address(es) and legal description(s) of any property located within 500 feet of the
subject property owned by any and all parties listed in question #1 above. Please supply additional
lists, if necessary.
Street Address(es): Legal Description(s):
none
•< (
Owner(s) or Attorney Name
Owner(s) or Attorney Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was a Cnowledged efore rye this Q0 day of
20 / 1 , by (�a,�. ` J-e
a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Rev. 06-2011
UELYN S. ROBLEDO
o`?'Y ........•. My COMMISSION II EE 035515
'*" EFebruary 16, 2015 a XPIRES• pub0C%Jnden:riters
Bonded Thru Notary
CITY OF MIAMI
HEARING BOARDS
Ph: 305-41 6-2030
111 SW 2nd Ave 71r, Floor Miami, FL 33130
www.mmianv.enm/henrina heard:;
who is
7
EZO
1J\ (....APPLICATION
DISCLOSURE OF 0 WNERSHIP
1 List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code
requires disclosure of all parties having 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 necessary.
Owners Name(es) 230 SVV.3rd St,_LLC
Percentage of Ownership George Helsel 60% and Steve Rhodes 40%
Subject Property Address(es) approx. 230 SW 3 Street
See attached Exhibit "A"
List all street address(es) and legal description(s) of .any property located within 500 feet of .the
subject property owned by any and all parties listed in question #1 above. Please supply additional
lists, if necessary..
Street Address(es): Legal Description(s):
:none
O,wner(s) or Attorney Name Owner(s) otjAttorney Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged pefore me this o� Q day of //�^
20 I ( , by S`�-f t-e . (24 ;)- ! i U U
a(n) .individual/partner/agent/corporation of ?,/) ,S`i-) 3 id S-('L LC a(n)
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who di(did not) take an oath.
(Sta
:21P"�: ;; JACQUELYN S. ROBLEDO
o-rt .:*1 MY COMMISSION 11 EE 035515
%o+ `. e EXPIRES: Febni ry 16 2015
onded ro Notary Public Underwriters
Rrv. (16-2011
CITY OF MIAMI
HEARXNG BOARDS
Ph: 305-416-2030
44.4 SW 2'd .4yc.70, Floor Miami, FL 33.130
www.minmianv.r.nm/hrarina hnarrls
who is
7
EXIIIBIT "A"
LEGAL DESCRIPTION:
Tract J of RIVERSIDE PLAZA; according to the Plot (hereof recorded in Plot Book 139, Page 4J, of the
Public Records of Miami -Dade County, F/orido.
LESS AND EXCEPT.
Mot port of TRACT 3. RIVERSIDE PLO as recorded in Plot Book 139, Page 43, of the Public Records of
Miami -Dade County, Florida and being a portion of Section 37, Township 54 South, Range 41 East.
More particularly described as follows:
Beginning al the Southeast corner of said TRACT 3; thence along the South boundary of said TRACT 3, South
87 degrees 42 minutes 40 seconds West for 2.315 meters (7.60 feel); thence North 00 degrees 30 minutes
114 seconds Wes( for 75.56 meters (247.90 feet) to a point on the East boundary o! the aforesaid TRACT 3
also being the Westerly Right -of -Way line o! S. W. 2nd Avenue; thence along said East boundary, South 02
degrees 15 minutes 35 seconds East for 75.525 meters (247.78 feet) to the POINT OF BEGINNING.
I Together with:
I Commence at the Southeast corner of said TRACT 3; thence along the East boundary of said TRACT 3 also
I being the Westerly right-of-way line of S. W. 2nd Avenue, North 02 degrees 15 minutes 35 seconds West for
78.383 meters (257.16 fee() to the POINT OF BEGINNING; thence South 87 degrees 44 minutes 25 seconds
i West for 1.113 meters (7..65 feet); (hence North 02 degrees 15 minutes 35 seconds West for 6.558 meters
(21.52 feel) to o Point of Curvature; thence Northerly and Northwesterly along the arc of o curve concave
Southwesterly, having for its elements o radius o! 6.420 meters (21.06 feet), o centrol angle of 85 degrees
50 minutes 16 seconds, on arc length of 9.616 meters (31.56 feel) and o chord bearing and distance of
North 45 degrees 10 minutes 43 seconds West for 8.744 meters (28.69 feet) to a point on the aforesaid
East boundary of TRACT 3, said point being on the arc of a non-langen( curve (o rodiol line bears South 01
degree 54 minutes 09 seconds West to the center of said curve); thence along said East boundary,
Southeestedy along the arc of said curve concove Southwesterly, having for its elements a radius of 7.620
meters (25.00 feet), a central angle of 85 degrees 50 minutes 19 seconds, /or on orc length of 11.416
meters (37.45 feel) and a chord bearing and distance of South 45 degrees 10 minutes 45 seconds East for
10.378 meters (34.05 feet); thence continuing along said East boundary, South 02 degrees 15 minutes 35
seconds East for 5.361 meters (17.59 feet) to the POINT OF BEGINNING.
LI.3373(1
RETURN TO:
First American Title Ins, Co,
25400 US 19 N, Suite 135
Clearwater, FL 33763
'lhis instrument was prepared by:
FDIC
1.601 Bryan Street
Dallas, TX 75201
Asset No. 10181004734
Parcel ID # 01-41370380030
STATE OF FLORIDA
COUNTY OF MIAM[-DADE
SPECIAL WARRANTY DEED
RECITALS
CFN: 20110299846 BOOK 27680 PAGE 4769
DATE:05/09/2011 11:51:37 AM
DEED DOC 14,850.00
SURTAX 11,137.50
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
WHEREAS, Florida Community Bank (the "Institution"), acquired the Property by that certain
Certificate of Title recorded on July 8, 2008 in OR Book 26468, Page 2844 of the Official
Records of Miami -Dade County, Florida; and
• W?--JBREAS, the Institution was closed by the Commissioner of the Office of Financial Regulation
on Jana: iy 29, 2010, and the Federal Deposit Insurance Corporation (the "FDIC") was
appointed as receiver for the Institution (the "Receiver"); and
WHEREAS, as a matter of federal law, 12 U.S.C.. § 1821(d)(2)(A)(i), the Receiver
succeeded to all of the right, title, and interest ofthe Institution in and to, among other things, the
Property.
NOW, THEREFORE, the Receiver (hereinafter, "Grantor"), whose address is 1601 Bryan Street,
Dallas, Texas 75201, for and in consideration of the sum of 1LN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration to said Grantor paid by Grantee named herein, the
receipt of w1.i: h is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these
presents does GRANT, SELL and CONVEY unto 230 SW 3" ST, LLC, a Florida limited
liability company (Grantee"), whose mailing address is 2121 SW 3' d Avenue, Suite 401, Miami,
Florida 33129, that certain real property situated in Palm Beach County, Florida, described on
Exhibit "A"
I Lt. (io .'
CFN: 20110299846 BOOK 27680 PAGE 4770
attached hereto and made a part hereof for all purposes, together with any and all improvements
thereto and all and singular the rights and appurtenances pertaining thereto, including, but not
limited to, any light, title and interest of auntor in and to adjacent streets, alleys or rights -of -way
(collectively, the "Property"), subject however to all standby fees, real estate taxes, and assessments
on or against the Property for the current year and subsequent years and subsequent taxes and
assessments for prior years becoming due by reason of a change in usage or ownership, or both, of
the Property, as well as zoning, building, and other laws, regulations, and ordinances of municipal
and other governmental authorities, if any, affecting the Property, and all matters set forth on Exhibit
"B" attached hereto and made a part hereof for all purposes (all of the foregoing being collectively
referred to as the "Permitted Exceptions"). Grantee, by its execution and acceptance of delivery of
this Special Warranty Deed, assu nes and agrees to perform any and all obligations of Grantor or the
Institution under the Permitted Exceptions.
FURTHER, GRANTEE, BY ITS BXECIT ION AND ACCEPTANCE OF' DELIVERY OF
THIS SPECIAL WARRANTY DEED, ACKNOWLEDGES AND AGREES THAT (i) EXCEPT
FOR THE SPECIAL (OR LIMITED) WARRANTY OF TITLE CONTAINED HEREIN,
GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND
DISCLAIMS ANYREPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,
AGREElv1ENTS, OR GUARANTIES OF ANY KIND OR CHARAC 1E,R WHATSOEVER,
WI-EIHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE,
OF, AS TO, CONCERNING, OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY,
OR CONDITION OF =PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER,
SOIL, AND GEOLOGY, (B) AN Y INCOME TO BE DERIVED FROM THE PROPERTY, (C)
THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES
WHICH GRANTEE MAY CONDUCT OR HOPE TO CONDUCT THEREON, (D) THE
COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS,
RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL
AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY, ORFTI'NESS FOR A PARTICULAR PURPOSE OF
'THE PROPERTY OR ANY PART THEREOF, (F) THE MANNER OR QUALITY OF THE
CONS IRUCTION OR MATERIALS, IF ANY, INCORPORA 1'ED INTO THE PROPERTY, (G)
TIC MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY
OR ANY PART THEREOF OR AN Y IMPROVEMENTS THERETO, (I I) THE EXISTENCE,
QUALITY, NATURE, ADEQUACY, OR PIYSICAL CONDITION OF ANY UTILITIES
SERVING THE PROPERTY, OR (I) ANY OTHER MA' 1 "1 'ER WITH RESPECT TO THE
PROPERTY, AND SPECIFICALLY, THAT GRANTORHAS NOT MADE, DOES NOT MAKE,
AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE
WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS,
RULES, REGULATIONS, ORDERS, OR REQUIREMENTS, INCLUDING, WITHOUT
LIMITATION, THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY OR ANY PART
THEREOF, OF ANY HAZARDOUS MATERIALS; (ii) GRANTEE HAS FULLY INSPECTED
THE PROPERTY AND THAT THE CONVEYANCE HEREUNDER OF THE PROPERTY IS
"AS IS" AND "WITH ALL FAULTS," AND GRANTOR HAS NO OBLIGATION TO AUER,
REPAIR, OR IMPROVE THE PROPERTY OR ANY PART THEREOF OR ANY
IMPROVEMENTS THERETO; AND (iii) NO WARRANTY HAS ARISEN THROUGH
TRADE, CUSTOM, OR COURSE OF DEALING WITH GRANTOR, AND ALL STATUTORY,
COMMON LAW, AND CUSTOMARY COVENANTS AND WARRANTIES, iT ANY, OF
Wi IA 1 LVER IUD, CHARACTER, NATURE, PURPOSE, OR EFFECT, WITETT IER
CFN: 20110299846 BOOK 2768D PAGE 4771
EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, ARE HEREBY
EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY WANED, DISCLAIMED,
AND EXCLUDED FROM THIS SPECIAL WARRANTY DEED, NOTWITHSTANDING
ANY CUSTOM OR PRACTICE TO TIIE CONTRARY, OR ANY STATUTORY, COMMON
LAW, DECISIONAL, HISTORICAL, OR CUSTOMARY MEANING, IMPLICATION,
SIGNIFICANCE, EFFECT, OR USE OF CONTRARY IMPORT OF ANY WORD, TERM,
PHRASE OR PROVISION HEREIN.
Further, by its acceptance of delivery of this Special Warranty Deed, Grantee or
anyone claiming by, through, or under Grantee, hereby fully releases Grantor, the Institution,
and the FDiC in any and all of its various other capacities, and their respective employees,
officers, directors, representatives, and agents from any and all claims, costs, losses,
liabilities, damages, expenses, demands, actions, or causes of action that it or they may now
have or hereafter acquire, whether direct or indirect, known or unknown, suspected or
unsuspected, liquidated or contingent, arising from or related to the Property in any manner
whatsoever, This covenant releasing Grantor, the Institution, and the FDIC in any and all of
its various other capacities shall be a covenant running with the Property and shall be binding
upon Grantee, its successors, and assigns.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in any wise belonging to Grantor, unto Grantee, its legal representatives,
successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns,
to WARRANT SPECIALLY AND FOREVER DEFEND all and singular the Property into
Grantee, its legal representatives, successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but
not otherwise, subject, however, to the Permitted Exceptions.
The fact that certain encumbrances, limitations, or other matters or conditions may be
mentioned, disclaimed, or excepted in any way herein, whether specifically or generally,
shall not be a covenant, representation, or warranty of Grantor as to any encumbrances,
limitations, or any other matters or conditions not mentioned, disclaimed, or excepted.
Notwithstanding anything herein to the contrary, however, nothing herein shall be construed
or deemed as an admission by Grantor or Grantee to any third party of the existence,
validity, enforceability, scope, or location of any encumbrances, limitations, or other matters
or conditions mentioned, disclaimed, or excepted in any way herein, and nothing shall be
construed or deemed as a waiver by Grantor or Grantee of its respective rights, if any, but
without obligation, to challenge or enforce the existence, validity, enforceability, scope, or
location of same against third parties.
All ad valorem taxes and assessments for the Property for the year in which this Special
Warranty Deed is executed have been prorated by the parties hereto as of the date of this
Special Warranty Deed. By its execution and acceptance of delivery of this Special Warranty
Deed, Grantee hereby assumes the payment of all ad valorem taxes, standby fees, and
general and special assessments of whatever kind and character affecting the Property which
are due, or which may become due, for the current tax year or assessment period and for any
tax year or assessment period subsequent to the date of this Special Warranty Deed,
including, without limitation, taxes or assessments for prior years becoming due by reason of
a change in usage or ownership, or both, of the Property or any portion thereof.
CFN: 20110299846 BOOK 27680 PAGE 4772
IN WITNESS WHEREOF, this Special Warranty Deed is executed on this
May, 2011,
WITNrSSESS:
r
71‘4ez
day of
GRANTOR: FRDERAL DEPOSIT
INSURANCE CORPORATION, as Receiver
for Florida Community Bank
Printed Name: "J2 ✓k-14. L t7l v,v d Z' By: - STEVEN W. TAYLOR
erne:
.../ „----Z:xrz___ .
PrintedName:./ `
Title: Attorney in Fact
ACKNOWLEDGMENT
ATTORNEY IN FACT
STATE OF 1,,�
COUNTY OF N.\
This instrument as ackn•wledged before me on the J"� day of May, 2011
b - n Q jZa , Attorney in Fact of the Federal Deposit Insurance
Corporation as Receiver or FLORIDA COMMUNITY BAND on behalf of said entity,
Notary Public, State of Texas
Notary Signature Vnd Stam
�cV
CFN: 20110299846 BOOK 27680 PAGE 4773
ACCEPTED AND AGREED TO ON THIS THE LE ! ' DAY OF MAY, 2011.
GRANTEE: )30 E(A 3 R D
c.�
Name: l .e
Title:
STATE OF F- ILz1�
COI.7NTY OF JAI ram
co,Nr.7
I'hih instn.rnei t was knowledged before me on the �� day of May, 2011 by
ev e, ��-..�1 ; �. . Managing Member of 230 SW 3rd ST, LLC, a Florida
limited 1i bility company on behalf of said limited liability company,
io5k6"v °;'eq, JOSEPH R. COLLETTI
* a� * MY COMMISSION 0 DD 988107
EXPIRES, September 4,2014
rqJ'. ,, oe40r Bonded Thru Budget Notary Services
OFF.
Notary Public, State of flu'
CFN: 20110299846 BOOK 27680 PAGE 4774
EXHIBIT A
TRACT 3 OF 'RIVERSIDE PLAZA", ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 139, PAGE 43, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA,
LESS AND EXCEPT:
THAT PART OF TRACT 3, RIVERSIDE PLAZA, AS RECORDED IN PUT
BOOK 139, PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA AND BEING A PORTION OF SECTION 37, TOWNSHIP
54 SOUTII, RANGE 41 EAST.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 3; THENCE
ALONG THE SOUTH BOUNDARY OF SAID TRACT 3, SOUTH 87°42'40" WEST
FOR 2.315 METERS (7.60 FEET); THENCE NORTH 00°0'14" WEST FOR 75.56
METERS (247.90 FEET) TO A POINT ON THE EAST BOUNDARY OF THE
AFORESAID TRACT 3 ALSO BEING THE WESTERLY RIGIIT-OF-WAY LINE
OF S.W. 2ND AVENUE THENCE ALONG SAID EAST BOUNDARY, SOUTH
02°15'35" E FOR 75.525 METERS (247.78 FEET) TO THE POINT OF
BEGINNING.
TOGETHER WITH:
COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 3; THENCE
ALONG THE EAST BOUNDARY OF SAID TRACT 3 ALSO BEING THE
WESTERLY RIGHT-OF-WAY LINE OF S.W, 2ND AVENUE NORTH 02°15'35"
WEST FOR 78.383 METERS (257.16 FEET) TO THE POINT OF BEGINNING;
THENCE SOUTH 87°44'25" WEST FOR 1.113 METERS (3.65 FEET), THENCE N
02°15'35" WEST FOR 6.558 METERS (21.52 FEET) TO A POINT OF
CURVATURE; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE
ARC OF A CURVE CONCAVE SOUTHWESTERLY, HAVING .FOR ITS
ELEMENTS A RADIUS OF 6.420 METERS (21,06 FEET), A CENTRAL ANGLE
OF 85°50' 16" AN ARC LENGTH OF 9.618 METERS (31,56 FEET), AND A
CHORD BEARING AND DISTANCE OF NORTH 45°10'43" WEST FOR 8.744
METERS (28.69 FEET) TO A POINT ON THE AFORESAID EAST BOUNDARY
OF TRACT 3, SAID POINT BEING ON THE ARC OF A NON -TANGENT CURVE
(A RADIAL LINE BEARS SOUTH 01 °54'09" WEST TO THE CENTER OF SAID
CURVE); THENCE ALONG SAID EAST BOUNDARY, SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE CONCAVE SOUTHWESTERLY HAVING
FOR ITS ELEMENTS A RADIUS OF 7.620 METERS (25.00 FEET), A CENTRAL
ANGLE OF 85°50'19", FOR AN ARC LENGTH OF 11.416 METERS (37.45 FEET),
AND A CHORD BEARING AND DISTANCE OF SOUTH 45°10'45" EAST FOR
10.378 METERS 34,05 FEET); THENCE CONTINUING ALONG SAID EAST
BOUNDARY, SOUTH 02°15'35" EAST FOR 5.361 METERS-(17 59 FEET) TO THE
POINT OF BEGINNING.
CFN: 20110299846 BOOK 27680 PAGE 4775
EXHIBIT B
Permitted Exceptions
1. Taxes for the year 2011 and subsequent years not yet due and payable.
2. Provisions of the Plat of Riverside Plaza, recorded in Plat Book 139 Page 43, as affected by:
O.R, Book 16962, Page 733 of the Public Records of Miami -Dade County, Florida,
3, Easement contained in Instrument recorded in Deed Book 3743, Page 114,
4. Easement granted to Florida Power & Light Company by instrument recorded in O,R,
Book 14870, Page 1718, as affected by: O.R, Book 18595, Page 2798. ,
5. The terms, provisions and conditions contained in that certain Memorandum of
Development, Reciprocal Easement and Operating Agreement recorded in O.R. Book 14828,
Page 1204, as affected by: O.R. Book. 15343, Page 3014 and O.R, Book 16962, Page 738.
6. The terms, provisions and conditions contained in that certain Access, Utility and
Construction Easement Agreement recorded in O.R. Book 14828, Page 1210, as affected by:
O.R, Book 16135, Page 1052.
7. Grant of Easement recorded in O.R. Book 15803, Page 4013,
8, Easement contained in Special Warranty Deed recorded k O.R. Book 16506, Page 797,
9, Temporary Easement recorded in O.R, Book 18196, Page 2403, as affected by: O,R, Book
18528, Page 4820.
10. Easement granted to Florida Power & Light Company by instrument recorded in O.R.
Book23647, Page 2895.
CFN: 20110299846 BOOK 27680 PAGE 4776
STA lb OF FLORIDA
OFFICE OF FINANCIAL REGULATION
IN RE: Administrative Proceeding
OFR Casc No: 0703-FI-I2/09
FLORIDA COMMUNITY BANK,
a state -chartered bank
located in Immokalee,
Collier County, Florida,
NOTICE OF TAKING POSSESSION OF FLORIDA
COMMUNITY BANK AND APPOINTMENT OF RECEIVER
NOTICE IS HEREBY GIVEN that as Commissioner of the Office of Financial
Regulation, in accordance with the authority vested in me by the laws of the State of Florida, I
have taken possession of FLORIDA COMMUNITY BANK, appointed the Federal Deposit
Insurance Corporation ("FDIC") as receiver of FLORIDA COMMUNITY BANK, and have
authorized the FDIC to take charge and possession of all assets and affairs of FLORIDA
COMMUNITY BANK pursuant to Sections 658.79, 658,80, and 658,82, Florida Statutes (2009),
effective January 29, 2010, at 6:00 p.m. EST, or at such earlier time on that date as the Office's
duly authorized on site representative specifies,
J. T omas Cardwell, Commissioner
0 ce of Financial. Regulation
EXHIBIT
CFN: 20110299846 BOOK 27680 PAGE 4777
FDIC
Federal Deposit Insurance Corporation
1601 Bryan Street, Dallas, TX 75201
Division of Resolutions and Receiverships
January 29, 2010
Mr, J. Thomas Cardwell, Commissioner
Florida Office of Financial Regulation
200 E. Gaines Street
Tallahassee, FL 32399
Subject: Florida Community Bank
Immokalee, FL
Dear Commissioner Cardwell;
Please be advised that the Federal Deposit Insurance Corporation accepts
appointment as Receiver of Florida Community Bank, Immokalee, FL pursuant to an
.;rder in form and substance as attached.
Sincerely,
By;
Dennis T mper
Receiver in harge, FDIC
AN)
a11
LIMITED POWER OF ATTORNEY
CFN: 20110299846 BOOK 27680 PAGE 4778
201100049929
POP 115
KNOW ALL PERSONS BY THESE PRESENTS, that the FEDERAL
DEPOSIT INSURANCE CORPORATION, a Corporation organized and existing
under an Act of Congress, hereinafter called the "FDIC," acting in its Receivership
capacity or separate Corporate capacity or as Manager of the FSLIC Resolution Fund
has acquired and will acquire certain assets for liquidation and has determined that it is
necessary to appoint a representative to act on its behalf in connection with the
maintenance and liquidation of said assets, hereinafter called the "Acquired Assets."
WHEREAS, the FDIC desires to designate Steven W. Taylor as
Attorney -in -Fact for the limited purpose of facilitating the management and
disposition of the Acquired Assets; and
WHEREAS, the undersigned has full authority to execute this
instrument on behalf of the FDIC under applicable Resolutions of the FDIC's Board of
Directors and redelegations thereof.
NOW, THEREFORE, the FDIC appoints Steven W. Taylor as its true
and lawful Attorney -in -Fact to act in its name, place, and stead, and hereby grants
Steven W. Taylor the authority, subject to the limitations herein, as follows:
(1) Sign, seal and deliver as the act and deed of the FDIC any
instrument in writing, and to do every other thing necessary and proper
for the collection and recovery of any and all monies and properties of
every kind and nature whatsoever for and on behalf of the FDIC and to
give proper receipts and acquittance therefor in the name and on behalf
of the FDIC;
(2) Release, discharge or assign any and all judgments,
mortgages on real estate or personal property, including the release and
discharge of the same of record in the office of any Prothonotary or
Register of Deeds wherever located where payments on account of the
same in redemption or otherwise may have been made by the debtor (s),
and to endorse receipt of such payment upon the records in any
appropriate public office;
(3) Receive, collect and give all proper acquittance for any other
sums of money owing to the FDIC for any Acquired Asset which the
attorney -in -fact may sell or dispose of;
Limited Power of Attorney
Steven W. Taylor
February, 2011
Page 1
CFN: 20110299846 BOOK 27680 PAGE 4779
(4) Execute any and all transfers and assignments as may be
necessary to assign any securities or other choses in action;
(6) Sign, seal, acknowledge and deliver any and all agreements,
easements, or conveyances asshall be deemed necessary or proper by
the FDIC Attorney -in -Fact in the care and management of the Acquired
Assets;
(6) Sign, seal, acknowledge and deliver indemnity agreements
and surety bonds in the name of and on behalf of the FDIC;
(7) Sign receipts for the payment of all rents and profits due or
to become due on the Acquired Assets;
(8) Execute, acknowledge and deliver deeds of real property in
the name of the FDIC;
(9) Extend, postpone, release and satisfy or take such other
action regarding any mortgage lien held in the name of the FDIC;
(10) Execute, acknowledge and deliver in the name of the FDIC
a power of attorney wherever necessary or required by law to any
attorney employed by the FDIC;
(J 1) Foreclose any mortgage or other lien on either real or
personal property, wherever located,
Limited Power of Attorney
Steven W. Taylor
February, 2011
Page 2
CFN: 20110299846 BOOK 27680 PAGE 4780
This Power of Attorney shall be effective October 12, 2010, and shall
continue in full force and effect through October 31, 2012, unless otherwise
terminated by any official of the FDIC authorized to do so by the Board of Directors of
the FDIC.
IN WITNESS WHEREOF, the FDIC, by its duly authorized officer
empowered by appropriate resolutign ofits Board of Directors, has caused these presents
to be subscribed in its name this Z3 day of February, 2011.
FEDERAL DEPOSIT INSURANCE
CORPORATION
By: Q
Name: James L. Parrish
Title: Customer Service Manager
Dallas Regional Office
Signed in the presence of:
Limited Power of Attorney
Steven W. Taylor
February, 2011
Page 3
CFN: 20110299846 BOOK 27680 PAGE 4781
STATE OF TEXAS
COUNTY OF DALLAS
On this a5'day of February, 2011, before me, allotary Public in and for the State
of'I'exas appeared James L. Parrish, to me personally known, who, being by me first duly
sworn did depose that he is Customer Service Manager, Dallas Regional Office of the
Federal Deposit Insurance Corporation (the "Corporation"), in whose name the foregoing
Limited Power of Attorney was executed and subscribed, and the said Limited Power of
Attorney was executed and subscribed on behalf of the said Corporation by due authority
of the Corporation's Board of Directors, and the said James L. Parrish, acknowledged the
said Limited Power of Attorney to be the free act and deed of said Corporation.
TYA
GAAY L CRISS
sr FAY COMMISSION EXPIRES
Aprll23,2014
STA1E OF TEXAS
COUNTY OF DALLAS
NotaryYu�ic
My Commission expires: 11
On this ' '-day of February, 2011, before me, a Notary Public in and for the State
of Texas appeared `c1 1v
(witness #1) and ,W/ice_ V (witness #2), to me
personally known to be the persons whose ..•.i es are subscribed as witness to the
foregoing instrument of writing, and after being duly sworn by me stated on oath that they
saw James L. Parrish, Customer Service Manager, Dallas Regional Office of the Federal
Deposit Insurance Corporation, the person who executed the foregoing instr urnent,
subscribe the same, and that they had signed the same as a witness at the,request of the
person who executed the same.
Limited Power of Attorney
Steven W. Taylor
Notary Pubiic
My Commission expires:
February, 2011
Page 4
TRUE AND CORRECT
COPY OF ORIGINAL
FILED IN DALLAS
• a_ E,Nlialg. 052 SWOV. if
SIGNATURE DA E
CFN: 20110299846 BOOK 27680 PAGE 4782
THE STASE OF TMS
COUHTY.OF DAU I
I hereby certify that the aof thee originalfore9renq S a full, tr hand
correct and possession,
copyed tl In m and.es
custody and possession, flied en the date Stamp
the same Is recorded In the Recorder's ijecords In my office under
the volume and page or Instrument d Stamped thereon...
I hereby serttfy on
CD
By
Filed and Recorded
Offlotal Public Records
John F. Warren, County Clerk
Della; County, TEXRS
02/25/2011 12: 8:47 PM
.y
201100049928
/,cv cu
;:je•`:;+,,� <,�;; •
CITY OFMIAMI
, 'DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearings) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME: (;,-RDpe-, t
HOME ADDRESS:
CITY:
I-� c%15 a✓ l
(First Name) (Middle) (Last Name)
(Address Line 1)
HOME PHONE:
EMAIL: steverhodes@bellsouth.net
(Address Line 2)
STATE: ZIP:
CELL PHONE: FAX:
BUSSINESS or APPLICANT or ENTITY NAME
230 SW 3rd Street LLC
BUSINESS ADDRESS: 2121 SW 3 Avenue, Suite 401
(Address Line 1)
Miami, Florida 33129
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Rezoning and Land Use approval for property located at 230 SW 3rd Street
2. Ilas any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
11 YES ® NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a. n/a
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
'n/a
5. Describe what is being requested in exchange for the consideration.
n/a
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE: �-2`..--a_(
cp.-Tato-re°
G.c 01)5 I n
Print N
day of tee
me
Sworn to and subscribed be/'are me this 6_
0/I. 7he,fin•egoing
instrwncnt was acknowledged before me by
as identification
(2. )/ aeYSw__--r , who has produced
and/or is personally known to me and who did/did not lake an oath.
STATE OF FLORIDA
OF MIAMI
�jCITY
AP
N.ta
6
MY COMMIS ION
EXPIRES: �
V . Pt(c.-?--io
l/
� 0/
(1' l `
Enclosure(s) ;;,„','+ fli".,, JACQUELYN S. ROBLEDO
' b, MY COMMISSION N EE 035515
Doc, No.:86543 "„•', in' :<_ FXPIRES: February 16, 2015.
(nt
Prnt It7
Page 2
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