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HomeMy WebLinkAboutApplication & Supporting DocumentsREZONING :APPLICATION g PP a 5 ,'v11 0 c ii-;Q MIAMI 21 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 requires: if neither applicant or legal counsel representing the applicant execute the application or u,3sire 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 s;ur.sport or withhold objection to the requested approval, relief or action. The Disclosure of (:;consideration Provided or Committed for Agreement to Support or Withhold Objection Affid_-;it 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. Rev. 06-2011 • MIA. 1R2 M1 R4Rv1 7-20-11 CITY OF MIAMI HEARING B OARDS Ph: 305-416-2030 444 SW 2hd Ave 7thh Floor Miami, FL 33130 www.miamigov.com/hearing_boards 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. . "Applicant(s): 'Javier F. Avino, Esquire on behalf of 230 SW 3rd St LLC as owner Subject property address(es) and folio number(s): 230 SW 3 Street - 01-4137-038-0030 3. Present zoning designation(s.): >- CI' 4. Proposed zoning designation(s) T6-36b 0 5. Per Miami,21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) orginal, two (2) 11x17" copies and one (1) 8'/x11 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. 7. 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. 8. A clear and legphre 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. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. 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. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavi . 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 06-2011 MIA 182 nn1 R4Rv1 7-9fl-11 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www. miamigov. com/hcaring_b oard s 3 REZONING APPLICATION 17. What is the acreage of the project/property site? approx. 1.588 acres 18. Wha'r is the purpose of this application/nature of proposed use? affordable housing 19. Is the property withinthe boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. no 20. Is the property within''the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. no 21. `Cost of processing according to Section 62-156 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, per square foot of net lot area $ .15 Minimum $ 635.00 b. T4-R, T4•-L, T4-0, T5-R, T5-L, T5-O, T6-R, T6-L, CI, per square foot of net lot area $ .20 Minimum $ 750.00 c. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, per square foot of net lot area $ .25 $ 900.00 Minimum d. T6-•33 0, T6-4.8 0, T6-60 0, T6-80, CI -HD, per square foot of net lot area $ .30 $ 1,000.00 Minimum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 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 certified check -cashier's check, or money order. Signature Address 1221 Brickell Avenue Name Javier F. Avino Telephor,9 305-579-0703 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Miami, FI 3313 E-mail AutNbJ t.6TU4UJ •cern The foregoing was acknowledged before me this 2.40 day of 20. (( , 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) Signature Rev. 06-2011 MIA 7'.42 nn1 R4Rv1 7-2 -11 CITY OF MIAMI HEARING B OARD Ph: 305-416-2030 411 SW 2nd Ave 7'' Floor Miami, FL 3313 www.miamigov.com/hearing_boards • MARISOL RODRIGUEZ Notary Public - State of Florida Expires Sep 27, 2014 _E My Comm. Exp' Commission # EE 30092 4 REZONINGAPPLICATION 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: That he/she is the owner or the legal representative of the owner, submitting the public hearing applicationas 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 ❑ 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 representatve. 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 App:'icant(s) Name 72- Applisant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 I l , by Javier F. Avino, Esquire _ who is a(n) individual/partner/agent/corporation of a(n) individual/partftership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Sig naturg MARISOL RODRIGUEZ Notary Public - State of Florida My Comm. Expires Sep 27, 2014 , Commission # EE 30092 71ev. 06-2011 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2^d Ave 7,1, Floor Miami, FL 33130 wunv.miamignv.cnm/hearing hoards 5 REZONING 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 Georoe Heisel 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 Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was apcnowledgec}pefore rge this cQQ day of 20 I ( , by (-ekt_ a(n) individual/partner/agentIcorporation of 'fit),(` (A) f+LtC:- 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) R ev. 01-2011 .�Y �'••, JACQUELYN S. ROBLEDO MY COMMISSION # EE 035515 2015 EXPIRES: ota V February Undemriters Bonded Thai Notary Sign CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.minmivnv.cnm/hearinrr bonrds who is 7 EZON G Al°PLICATION 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 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 Helsel 60% and Steve Rhodes 40% • Subject Property Address(es) approx. 230 SW 3 Street See attached Exhibit "A" 2.. List all street address(ea) 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): MOM ug 0 cat-S Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAM1-DADE The foregoing was acknioyvledgp,d efOr me this day of 20 11 , by SW. V A it,eA a(n) individual/partneriagent/corporation of ?1() id3a(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. •(Sta JACQUELYN S. ROBLEDO .:i31 MY COMMISSION # EE 035615 EXPIRES. February 16, 2015 4;4;4W Bonded Thru.Notacy Public Undenvriters Rev. (16-2(111 CITY OF MIAMI HEARING BOARDS Ph: 305416-2030 444 SW 2" Ave 7,), F1orMiami, 1:1., 33.130 Ixriuw.iii in migov.r.nrii/hmt rin hoards who is 7 EXIEIBIT "A" LEGAL DESCRIPTION: Tract 3 of RIVERSIDE PLAZA; according to the Plot thereof recorded in Plot Book /39, Page 43, of the Public Records of Miami -Dade County, florid°. LESS AND EXCEPT: Thal port of TRACT 3, RIVERSIDE PLAZA os 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 at 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 (760 feet); thence North 00 degrees 30 minutes 14 seconds West for 75.56 meters (247.90 feet) to a point on the East boundary of the oforesoid TRACT 3 also being the Westerly Right -of -Way line of 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. Together with: Commence at the Southeast corner of said TRACT 3; fhence along the East boundary of said TRACT 3 also 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 feet) to the POINT OF BEGINNING,; thence South 87 degrees 44 minutes 25 seconds West for 1.113 meters (3.65 feet); thence 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 of 6.420 meters (21.06 feet), a central angle of 85 degrees 50 minutes 16 seconds, on arc length of 9.618 meters (31.56 feet) and o chord bearing and distance of North 45 degrees 10 minutes 43 seconds West for 8.744 meters (28.69 feet) to o point on the aforesaid East boundary of TRACT 3, said point being on the orc of o non-tongent curve (a radial line bears South 01 degree 54 minutes 09 seconds West to the center of said curve); thence along said Eost boundary, Southeasterly along the arc of said curve concave Southwesterly, having for its elements a rodius of 7.620 meters (25.00 feet), o central angle of 85 degrees 50 minutes 19 seconds, for an orc length of 11.416 meters (37.45 feet) and o 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. Analysis - This is a request for rezoning from CI to T6-36b O. -- Prior to the implementation of Miami 21, the Property was zoned SD-15, which translates to T6-36b 0 under Miami 21 (please see attached prior zoning map). - However due to the location of the property, immediately abutting the City's administration building, the Property was included in the re-classification of the City property to CI. This is an error, as this site is independent from the City site and as such, should be afforded the same zoning as the other abutting property that is not City owned. - The CI designation is inappropriate as the Property is vacant and not part of the City property. It has never been used for Civic use and does not intend to be used for Civic use. - The current staff interpretation is that while the Property is not used for Civic uses it cannot revert to the abutting district since the CI use is still in place for the immediately adjacent, but independently owned City Administration building. As such, a rezoning is the only solution that will allow for development of this site for use other than CI. - Miami 21 allows CI property to be rezoned to the classification which it abuts, in this case T6-36b O. - This designation will allow for much needed affordable housing, which is consistent and compatible with the surrounding area. City of Miami - Zoning Application http://maps.miamigis.com/miamizoningsite/ Page 1 of 1 7/21/2011 L33-73(4 RETURN TO: First American Title Ins, Co, 25400 US 19 N, Suite 135 Clearwater, FL 33763 (Qt-a 'Ibis instwmentwas prepared by: FDIC 1601 Bryan Street Dallas, TX 75201 Asset No. 10181004734 Parcel ID # 01-41370380030 . STATE OF FLORIDA COUNTY OF MIAMI-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 WI II REAS, 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 • Wt'ERE.AS, the Institution was closed by the Commissioner of the Office of Financial Regulation on Januy 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 of the 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 TEN AND NO/100 DOLLARS ($10.00) and ether good and valuable consideration to said Grantor paid by Grantee named herein, the receipt of whi;ih is hereby acknowledged, has GRAN 1'ED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto 230 SW 3'd ST, LLC, a Florida limited liability company (Grantee"), whose mailing address is 2121 SW 3rd Avenue, Suite 401, Miami, Florida 33129, that certain real property situated in Palm Beach County, Florida, described on Exhibit "A" 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 Grantor 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 hi 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, assumes and agrees to perform any and all obligations of Grantor or the Institution under the Permitted Exceptions. FURTHER, GRANTEE, BY ITS EXECUTION 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 NOTMAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARAC-tER WHATSOEVER, WI-MTBER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING, OR wax H RESPECT TO (A) THE VALUE, NATURE, QUALITY, OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LMTATION, THE WA TER, SOIL, AND GEOLOGY, (B) ANY 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, OR FI T NES S FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY PART THEREOF, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE 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 PHYSICAL CONDITION OF ANY UTILITIES SERVING THE PROPERTY, OR (1) ANY OTHER MA l ' 1'ER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS 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 LINUTATION, 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 CON VEYANCE HEREUNDER OF THE PROPERTY IS "AS IS" AND "WITH ALL FAULTS," AND GRANTOR HAS NO OBLIGATION TO AL 1ER, REPAIR, OR IMPROVE THE PROPERTY OR ANY PART THEREOF OR ANY IMPROVEMENTS THERETO; AND (iii) NO WARRANTY HAS ARTSE'N THROUGH TRADE, CUSTOM, OR COURSE OF DEALING WITH GRANTOR, AND ALL STATUTORY, COMMON LAW, AND CUSTOMARY COVENANTS AND WARRANTIES, TF ANY, OF WHATEVER KIND, CHARACTER, NATURE, PURPOSE, OR EFFECT, WTTETTTER CFN: 20110299846 BOOK 27680 PAGE 4771 EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, ARE HEREBY EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVED, DISCLAIMED, AND EXCLUDED FROM THIS SPECIAL WARRANTY DEED, NOTWITIISTANDING ANY CUSTOM OR PRACTICE TO THE 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 nnuling 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 in admission by Grantor or Grantee to any third party of the existence, validity, enfoi i eability, 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 chang in usage or ownership, or both, of the Property or any portion thereof. CFN: 20110299846 BOOK 27680 PAGE 4772 IN WITNESS WHEREOF, ibis Special Warranty Deed is executed on this 7 day of May, 2011, WITNESSES: „ve )7(70'—mC Printed Name: `2z 6-K L Pil+/Zo By: ; "1 Dame; STEVEN W. TAYLOR Title; Attorney in Fact ATTORNEY IN FACT GRANTOR FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Florida Community Bank ACKNOWLEDGMENT STATE OF \�� COUNTY OF\If I This instru n nt as ackn wledged before me on the I— day of May, 2011 by D -• , Attorney in Fact of the Federal Deposit Insurance Corporation as Receiver or FLORIDA COMMUNITY BANK on behalf of said entity, Notary Public, State of Texas Notary Signature Vnci Stain CFN: 20110299846 BOOK 27680 PAGE 4773 ACCEPTED AND AGREED TO ON THIS THE Li -!' DAY OF MAY, 2011. GRANTEE: 30 Stt3 cr. cu. / cy ja,1 Name: lr 1 Title: gq""' R STAFF., OF COUNTY OF p1 Thies instrr.mei t was knowledged before me on the 4 day of May, 2011 by Q�• ��'�� . Managing Member of 230 SW 3rd ST, LLC, a Florida limited 1'rdbiJ ty company on behalf of said limited liability company, �ottiaY Aa&c JOSEPH R. COLLETTIu * MYCOMMISSIONNDD988187 EXPIRES,September42014 ��FOF Fl���� 9onded Thru 6udpaf Notary Services—• Notary Public, State of t lotti` d 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 MIAIv11.-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 SOUTH, 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 RIM -if -OF -WAY LINE OF S.W. 2ND AVENUE THENCE ALONG SAID EAST BOUNDARY, SOUTH 02°15'35" E FOR 75.5'25 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 TIE WESTERLY RIGHT-OF-WAY LINE OF S.W, 2ND AVENUE NORTH 02° 15'35" W'VBST 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 CTJRVE); 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 SOUTI-I 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 13 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 Instillment recorded hi 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 in 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. Book 23647, Page 2895. CFN: 20110299846 BOOK 27680 PAGE 4776 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE: Administrative Proceeding OFR Case No: 0703-FI-12/09 FLORIDA COMMUNITY BANK, a state -chartered bank located in Immokalee, Collier County, Florida, NOTICE OF TAKING POSSESSION OF FLORIDA COMMUNITY BANK_AND APPOINTMENT QF 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. Tomas Cardwell, Commissioner Offce of Financial Regulation 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 Ader in form and substance as attached. Sincerely, By: Dennis Tr miler Receiver in harge, FDIC i���lig,1P�4NJ�! LIMITED POWER OF ATTORNEY CFN: 20110299846 BOOK 27680 PAGE 4778 201100049928 POR 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: (I) 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; (5) Sign, seal, acknowledge and deliver any and all agreements, easements, or conveyances as shall 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; (l 1) Foreclose any mortgage or other Iien 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 resoluti9n of its Board of Directors, has caused these presents to be subscribed in its name this Z day of February, 2011. Signed in the presence of: I-9 Witn.tib Naule: Witness Name: Limited Power of Attorney Steven W. Taylor FEDERAL DEPOSIT INSURANCE CORPORATION By:Q Name: James L. Parrish Title: Customer Service Manager Dallas Regional Office 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 Texas 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. • QARY L. CRISS MY COMMISSION EXPIRES Apd 23, 2014 STATE OF TEXAS COUNTY OF DALLAS Notary Pu •lic My Commission expires: ' L1., 3 On this 49-5 day of February, 2011, before me, a Notary Public in and for the State of Texas appeared V7 la, t1rPck. (witness #1) and ` q V# /i (witness #2), to me personally known to be the persons whose -...'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 instrument, subscribe the same, and that they had signed the same as a witness at the,request of the person who executed the same, GARY L. CHJSS f MY COMMISSION EXPIRES April 23, 2014 .y Limited Power of Attorney Steven W, Taylor i Notary Public i y �� �/r J My Commission expires: -/ February, 2011 Page 4 CFN: 20110299846 BOOK 27680 PAGE 4782 TRUE AND CORRECT COPY OF ORIGINAL FILED INDALLA}S CE SIGNATURE DA E THE STATE OF TYiNS COUNT .OF OALLAS I hereby certify that the awve and roregoing Is.a full, tree, and correct photographic copy of the original record now wren my'aud•ul custody and possession, fried on the date stamped the same Is recorded In the Recorder's Reconls.in my office under the volume and page a Instrument d stamped thereon.., 1 hereby rertIfy on " 1 ... i ,'` , , FEB 25.2D11: Flied and Recorded Official Public Raoorda John F. Warren, County Clark Dallas County, TEXAS 02/26/2011 12:[6:47 PM $28.00 9 .1 201100049928 • 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 hearing(s) 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 asthe applicant, or owners' legal representative are not required to fill out this form. • NAME: Agop, c7S�(� (First Name) (Middle) (Last ame) HOME ADDRESS: CITY: (Address Line 1) HOME PHONE: EMAIL: steverhodes@bellsouth.net (Address Line 2) STATE: ZIP: CELL PHONE: FAX: BOSSINESS 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. Has 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? 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: /� —1.- --. ra t Sign 1--Ce"-- EiT LT° , Print IN, me Sworn to and subscribed before me this day of _ 0t`` . The foregoing instrument was acknowledged before me by ��c. . who has produced as identification and/or is personally known to the and who did/did not take an oath. STATE O.F FLORIDA % CITY OF MIAMI/t I .O j,4C- MY COMMIS ION N. aiy EXPIRES:S / , (: * / V rinf a Enclosure(s) 1 +'Py�., JACQUEL'IN S. ROBLEDO ,' *? MY COMMISSION # EE 035515 Doc. No.:86543 1'* 110 :< EXPIRES: February 16, 2015 Page 2 -1 Bonded Thru Notary Public un RIVERSIDE PLAZA � I I Gift OF MIAMI `(P.B.19A", S.5420NIC 11140 zI IQ• LOCATION MAP LE L 7l atl >u soil •vo Jw 7e•RSa(IdO:Mse,Aw tweMMrw.•ott•Ar 11•l plPyre 4 el Pt Rot am* e •t:-a. Om%realm 1135 No (W. Ile pat w RC 1 MEW RNA r worm eM AO IX Prot1wl4Polk aem /pw-Ot O••9A I••• M •e cif vibe ADar J7. A•I+j Sr; b7• •7 (w. r. 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A. -4f5a Oat. 1• w qY Imo 31 I •l 1 Oe• I"\375A+I \PIVEP SIDE PLAZA \A.:A\TPACT 3_d..ri, 7/21,2011 3,51-55 PM. \\shislinsb3\PICOR LIP 2500 PCL 5e