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HomeMy WebLinkAboutR-2004-098 Double D Properties Va-29-04 RESOLUTION NO. 2004-098 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY DOUBLE D PROPERTY HOLDINGS, LLC, FOR PROPERTY OWNED BY THE CITY OF DANIA BEACH, FROM CHAPTER 28(ZONING)ARTICLE 4(SCHEDULE OF LOT YARD AND BULK REGULATIONS); FOR PROPERTY LOCATED AT THE SE CORNER OF NW 14T"COURT AND NW 2 TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28 Zoning,Article 4, sets the Lot, Yard and Bulk regulations within the City of Dania Beach; and WHEREAS, Double D Property Holdings, LLC, has applied for a variance(VA-29- 04) for the following: 1. To allow 6.25 foot side setbacks where 15 feet is required. 2. To allow 12.67 foot rear setback where 15 feet is required. • for a single family dwelling owned by the City of Dania Beach located at the SE corner of NW 14t' Court and NW 2"d Terrace, Dania Beach; and WHEREAS, the Planning &Zoning Board on May 19, 2004, recommended that the City Commission grant variance request VA-29-04 based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, Zoning, of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-29-04, for a variance as described above (from requirements in Chapters 28, Zoning, Article 4, Schedule of Lot, Yard and Bulk Regulations), a copy of which is attached as Exhibit"A" is approved, provided the applicant complies with the following: 1) Curb cut and driveway apron must match the width of the driveway on the property, i.e. 18'. (Rectify)- (Planning). 2) The site inspection revealed only a Mango tree present onsite located along the rear (south) property line and outside the proposed building line, which should be preserved. Identify its location on the site plan (Landscape). 1 RESOLUTION NO. 2004-098 3) Applicant to identify location of any patio, porch, or deck to verify compliance with minimum 40% pervious area requirement. 4) Single family unit should only have two bedrooms. Section 2 . That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 25T" DAY OF MAY, 2004. C.K. CEL MAYOR — COMMISSIONER ATTEST: ROLL CALL: S±La2 COMMISSIONER ANTON - YES COMMISSIONER CHUNN - NO LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TO O AND CORRECTNESS: BY: T MA . J. B CITYATTORNEY 2 RESOLUTION NO. 2004-098 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MAY 25, 2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-29-04 VARIANCE REQUEST 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Staff Report Application Resolution 2004-021, authorizing the sale of the property to Double D Realty Holding L.L.C. Public Hearing Notice/ Location Map Mailing List 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date May 18, 2004 Community Development Department City Manager Date CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: May 25, 2004 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director C C i FROM: Corinne Church, AICP, Principal Planner SUBJECT: VA-29-04: Request by Double D Property Holdings, LLC. for side and rear yard setback variances to construct a single family unit at the southeast corner of Nil 14 Court and NW 2 Terrace. Variance 1. To allow 6.25 foot side setbacks where 15 feet is required. 2. To allow 12.67 foot rear setback where 15 feet is required. The applicant is in the process of purchasing the subject property from the City and is proposing to construct a single family unit on the property. The property is zoned Residential (RD-8000) and has a Low Medium (10) Residential land use designation. The applicant is requesting a reduction in the side and rear setback as identified in the table below. Building SIte'Data Re wired Provided Front Yard Setbacks 25 feet 25 feet Side Yard Setbacks 30/ 15 feet 12.5/6.25 feet Rear Yard Setbacks 15 feet 12.67 feet Lot Size 8,000 square feet 3,665 square feet Lot Width 80 feet 42.5 feet Due to the lot size, the setback variances are necessary in order to construct on the site. The applicant exceeds the minimum pervious area requirement (40 percent required; 51% proposed). The proposed site plan has been reviewed by various City departments and the following issues have been identified: 1. Curb cut & driveway apron must match the width of the driveway on the property, i.e. 18'. Rectify (Planning). 2. The site inspection revealed only a Mango tree present onsite located along the rear (south) property line and outside the proposed building line, which should be preserved. Identify its location on the site plan (Landscape). 3. Applicant to identify location of any patio, porch, or deck to verify compliance with minimum 40% pervious area requirement. The applicant's hardship is not self created and the requested variances are the minimum amount reasonable necessary. Therefore, staff is in support of these variance requests. STAFF RECOMMIENDATION Approve of both variances, provided the applicant addresses the above comments prior to this item being scheduled for a City Commission meeting. PLANNING AND ZONING ADVISORY BOAR® RECOMMENDATION To be presented at the May 25, 2005 Public Hearing. • City of Dania Beach, Florida Department of Community Development • Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: _VA-29-04_ ❑ Special Request ❑ Trafficway Waiver Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the "Application Type" and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. Location Address: N.W. 2 Terrace Lot(s): E Y2 Lot 6 Block: 2 Subdivision: Sun Garden Recorded Plat Name: _Sun Garden Folio Number(s): Legal Description: �Appllcanonsultant/Legal Representative (circle one) Double D Property Holding, LLC. Address of Applicant: _720 S.W. 8 Street, Dania Beach, Florida Business Telephone: (954)445-6212 Home: (954)921-0191 Fax: (954)921-0193 Name of Property Owner: City of Dania Beach Address of Property Owner: 100 W. Dania Beach Boulevard, FL 33004 Business Telephone: (954)924-3640 Home: Fax: • Explanation of Request: To build a single family home I need approx. 1 foot on both sides and 2.5 feet on back. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: 3,655 • Existing Use: Vacant Proposed Use: Single Family Is property owned individually, by a corporation, or a joint venture? Corp. APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This�day o 20 0 a • Signature: Date: CZ- 7O c-- �---- Ed Darling ig ame of Notary P blic (Print Name) Stat of C4/op-I o A ) a r� 720 S.W. 8 Street, Dania Beach FL 33004 Print Nam&f I* Street Address, City, State and Zip Code Commis§ion!, it - 6 (954)455-6212/(954)921-0193 Seal: % ��y' . \�.�` Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_�day of�—20 0'4 Signature: � Date: ✓jam\\11tt111!!11 y�� ig i Nanig of '' (Print Name) S t of Fff l. y�°cn'����9�,�. #DD1 719'Jr _-e WA,' d 0 Print Name' Street Address, City, State and Zip Code w,M chi., '3 3 o o N nnuttt"' Commission Expires: /a' /S•o L 9S5 - 964- 97L 7 Seal: Telephone No. &Fax No. • CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. RESOLUTION NO. 2004-021 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING AND APPROVING THAT CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LEGALLY DESCRIBED AS EAST ONE-HALF OF LOT 6, BLOCK 2 , SUN GARDENS, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGE 37, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BY BETWEEN DOUBLE D REALTY HOLDINGS, INC. , AS BUYER, AND THE CITY OF DANIA BEACH, AS SELLER, FOR A SALES PRICE OF $16,500; PROVIDING A CONTRACTUAL CONTINGENCY THAT THE CITY COMMISSION APPROVE A VARIANCE OR VARIANCES TO BUILD A SINGLE-FAMILY RESIDENCE WITH LOT DIMENSIONS LESS THAN REQUIRED BY CITY CODE; AUTHORIZING THE CITY MANAGER TO CLOSE THE TRANSACTION FOR SALE WITH RESTRICTIVE COVENANTS LIMITING THE USE OF THE REAL PROPERTY TO A SINGLE-FAMILY RESIDENCE AND PROHIBITING RENTAL OF THE RESIDENCE FOR A PERIOD OF TEN YEARS AFTER THE SALE ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part XII, Article 3, Section 5 of the Charter of the City of Dania Beach authorizes the City Commission to exchange, sell or convey real property acquired by the City of Dania Beach from enforcement or foreclosure of city liens and the transfer of lands available for taxes from Broward County and determined by the City Commission to be surplus real property; WHEREAS, the real property legally described as The East one- half of Lot 6, Block 2, of SUN GARDENS, a subdivision according to the plat thereof, as recorded in Plat Book 26, Page 37, of the • 1 RESOLUTION NO. 2004-021 Public Records of Broward County, Florida, was determined to be surplus property in accordance Part XII Art icle 3, Section 5 of the Charter of the City of Dania Beach, by City Commission Resolution No. 2003-264 on November 25, 2003; WHEREAS, a Contract for Sale and Purchase of the real property legally described above was entered into by the City Manager in accordance with City Commission Resolution No. 2003-264; WHEREAS, the Contract for Sale and Purchase includes a contingency that the Buyer' s purchase of this property is subject to approval of a variance or variances by the City Commission to build a single-family residence on a lot with dimensions less than those required by the City Code for construction of a single-family residence; WHEREAS, the Dania Beach City Commission finds that it is cost effective, in the best interests of the City of Dania Beach, and promotes the welfare of the residents of the City to efficiently dispose of the aforesaid surplus property by selling the property to Double D Realty Holdings, Inc. for $16, 500. NOW, THEREFORE, be it resolved the City Commission of the City of Dania Beach, Florida; Section 1 . That the Contract for Sale and Purchase of the real property described herein is accepted and approved. Section 2 . That the City Manager is authorized to close the aforementioned Contract for Sale and Purchase of the real property • described herein, subject to compliance with Section 3 herein. 2 RESOLUTION NO. 2004-021 Section 3. That the Warranty Deed transferring the subject property shall include covenants that restrict the use of the real property to a single-family residence and prohibit rental of the residence for a period of ten years after its sale to the buyer by the City. Section 4 . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5 . That this resolution shall be enforced and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 10" DAY OF FEBRUARY, 2004 . �LZ -- • B B AN ON MAYOR-COMMISSIONER ATTEST: MI IAM NASSER ACTING CITY CLERK ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES COMMISSIONER MIKES - YES VICE-MAYOR MCELYEA - YES MAYOR ANTON- YES APPROVED AqATO FORM AND CORRECTNESS : THOM S J N L CITY AT RNEY • 3 RE90LI ITION No �nna_m DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 10, 2004 7:00 P.M. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING AND APPROVING THAT CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LEGALLY DESCRIBED AS EAST ONE-HALF OF LOT 6, BLOCK 2, SUN GARDENS, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGE 37, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BY BETWEEN DOUBLE D REALTY HOLDINGS, INC., AS BUYER, AND THE CITY OF DANIA BEACH, AS SELLER, FOR A SALES PRICE OF $16,500; PROVIDING A CONTRACTUAL CONTINGENCY THAT THE CITY COMMISSION APPROVE A VARIANCE OR VARIANCES TO BUILD A SINGLE-FAMILY RESIDENCE WITH LOT DIMENSIONS LESS THAN REQUIRED BY CITY CODE; AUTHORIZING THE CITY MANAGER TO CLOSE THE TRANSACTION FOR SALE WITH A RESTRICTIVE COVENANT LIMITING THE USE OF THE REAL PROPERTY TO A SINGLE-FAMILY RESIDENCE; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the Resolution by title. In response to Commissioner Mikes' question regarding whether or not neighbors of the adjoining properties had been contacted, City Manager Pato stated that he personally had contacted both property owners and neither one expressed an interest in buying the property. Commissioner Mikes requested that a stipulation be added to the agreement to require that the property be owner-occupied, not rented at all, for the first ten years. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the Resolution with the additional stipulation that it not be used as a rental property for ten years. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea—yes Commissioner Flury—yes Mayor Anton—yes Commissioner Mikes —yes L /� J nV 6u.er nr?A,r CTIVEDATE TO BE USED ONLY FOR-MULTIPLE FAIM1LY(FIVE 13)UNITS OR.MORE).CON1MERCIAL. OR INDUSTRIAL PROPERTY. NOT TO BE USED FOR BUSINESS OPPORTUNITIES rum C:ed:nm i.,e Pry!o i:rn ur -Jer• CITY OF DAINI.�BENCH FLORIDA Seiler Tel: 954 924 3610 of DANIA Buyer:DOUBLE D REALTY HOLDING L.L.0 Tel: 954 445 6212 ut' 720 SW STH STREET DANIA 33004 hereby agree that the Seiler shall sell and the Buyer shall buy the following described property together with existing improvements thereon.UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH. 1.LEGAL DESCRIPTION of real estate located in DANiA County,Florida ax Folio F 504233140140 EAST ONE-ILALF(E1/2) OF LOT 6.BLOCK 2 OF SUN GARDENS CR26 ADDRESS: 1311 NAY 2ND TERRACE DANIA 33004 _ PERSONAL PROPERTY: A complete inventor%of all personal property of Seiler nifi current purchasepurchase price shall be: used in the operas un of the property and included in) I a) In entor•to be provided within days from Effective Date.initialed and agreed upon by both the Buyer and the Seller. I b) Inventory attached hereto. LEASED EQUIPMENT IF ANY: Seller represents that the property can now be used for the following purposes: RESIDENTIAL -. PURCHASE PRICE in U.S.funds..............................• S 16.�00 ........................................................... 3. METHOD OF PAYMENT: (a) Depositisi to be held in escrow by F.W.B LAW ....................S 11000 I b) _additional escrow deposit due:within_banking days after Effective Date,time being of the essence............S Escrowed funds may be placed in an interest bearing account with interest to accrue to the escrow.k:eat unless precluded by law. - �c) amount of note and mortgage to be executed:•w the Buyer to anv lender other(heart the Seiler.......................S TYPE t)F'•.IORTGAGE,CHECK ONE)[ ]Conventional.[ ]FHA.[ ]VA I if FHA or VA see Riders ]Fuca Rate•[ ]variable.[ ]Other at prevailing interest rate.payable in monthly installments to include interest for n period of years.(30}'ears if Teti blank) Buyer agrees to make a written application within rive_ankine days and to make a good faith.diligent effort to obtain the loan. The commission or omission of any act by the Buyer calculated to produce a rejection by the prospective lender shall constitute an act of default under this contract. t dt Conditioned upon Bu}•er assuming i ]fixed rate ]adiustable rate[ )balloon mortgage in favor of ?resently bearing interest at °„and presently oayabir per munch t P.i._._.1 hawing an approximate balance of......... ................S (APPROVE Bl'CHECKIN'G ONE ONLY) ] m;•resent terms and interest rate for the:eriod of the mortgage ] I an interest rate chanseable to the rate of interest prevailing at time of closing and upon such terms and conditions as are required by lender,which Buyer agrees to accept. Note- if more dean one existing mortgage is being assumed.place total of other balances here and des:r; e its terms in Paracrann p i SPECL-\L CLAUSES)of this Contract or on an Addendum. Mortzage �..........................S tee Purchase❑tuna;.'mortgage and note to Seller in the-rind?al amount of S :earin__ Interest t °u for wears.Payable as follo'.t•s: ft 9ai;:n:c:rf r'tnr's due von Buyer in the form of U.S. :urTcncy or cashier's check drawn on a Florida rinancial S insututton.,oun dosing and delivery of deed i ur such leater or lesser amount as maybe necessary ro complete nawnlent of rurchase nrice attercredits.adiusimenrs and nrorations).............. .............S 15.500 t iASF PRIG......................... A_-TAC ilMENTS MADE?ART OF THIS CON, TR_-CT(check appropriate'ioxt i 'Addendum ]Exhibit [ Other 'I\Il: r��2.•.i ?T:��CG: If this Contract is not executed:-Seiler and Buyer,m or bctore J._V 1'ARY 9TH 04 3uyer. e returned to Buyer and this Contract shall be null and void. -� the deh,., it i,. l LOS N(i c).�: ... �ti�Contract 4hail and the ciostn"documents and nossession skull:`e,ial:cere:i.,n Jr before J.�.tNL'.aR1 3U •� it j iaiI.�`.Anar^rOt't,i,)nS, tr:;.,,tr :f•air i.•n •anarate;tgreemwnt. TillS roR.\l IL%S iDEEN.%PPRO\rD B THE SOUT1I BROW M fIO.%Rf)OF RE.QTORS. . _, _... '�ir,.,r_-,. .-.'_......;cad..-_lc.c,`a.:a} •.,,:..., ...,__.:i.....-.. .:�.....�e:. �._ . of CI. 'NSPECTIONS IVITH LIMITATION CLAUSE: A. SCOPE OF INSPECTIONS: Buyer shall,at his expense,have the right to make the following inspections: 1. Termite: Property may be inspected by a licensed exterminating company,to determine whether there are active tennite,fungus(dry. rot)or other wood-destroying organisms on the property or damage from present or prior termite or wood-destroying organisms. If there is such infestation or damage, Seller shall pay the cost of treatment,repair or replacement of the property which is infested or damaged. Where no active wood destroying infestation is observed,treatment or eradication shall not be required at Seller's expense. Roof.Property maybe inspected by a licensed Florida roofer or licensed Florida General Contractor to determine that there is no vidence of existing leaks.If inspection reveals that repairs is found to be leak tree,no re-roofing will be required,notwithstanding he condition of r000r replacements are fing materials.costs of me shall be paid by Seller.If roof 3. General: Buyer,at his expense,may make such other inspections of the premises as he deems reasonably necessary.Said inspections shall be made by licensed persons or companies qualified to perform the inspections and give estimates.If the inspections reveal functional defects(as distinguished from aesthetic defects),the cost of same shall be paid by Seller. 4. Personal Property:Seller represents that all appliances,machinery and equipment shall be in working order at date of closing.If inspections reveal that repairs or replacements are necessary,the cost of same shall be paid by Seller. 5. All inspections and repairs shall include any other structures on the property except for fences and sheds. B. TIME FOR INSPECTIONS:All inspections,written reports and estimates shall be completed no later than fifteen(15)days prior to the date of scheduled closing.Failure of Buyer to make one or more of the above inspections shall be deemed a waiver of the in not made and any rights derived thereunder. spec tions C. RESULTS OF INSPECTION: 1. Copies of inspection reports and estimates pertaining to same,must be provided to all Buyers,Sellers,real estate brokers,lending institutions,attorneys and title companies as requested. 2. Inspection reports must include monetary value amounts relating to the repairs cited. 3. Inspections pursuant to this Contract are the responsibility of the parties,Brokers shall not incur liability to either parry stemming from assistance rendered in the inspection process. D. RENSPECTION:If Seller disputes Buyer's inspection reports,Seller shall have the right to have additional inspections made at his cost which will be completed within five(5)days of receipt of the disputed report.If Buyer's and Seller's inspection the parties shall agree on a third inspector,whose report as to condition and required u reports do not agree, es.Said inspection shall be completed within five(5)days of said agreement.The cost of the third inspection shall be borne equally llt b Buyer and Seller. y E. LIMITATION CLAUSE: Seller shall be responsible for the aggregate costs of the above treatmen up to per cent(4%)of the purchase price including the cost of tenant relocation,if necessary.If the total cost oacement f matters to beirs andunderor Paragraph Cl A.exceeds this amount,any party shall have the option of paying any amount in excess thereof and this Contract shall •remain in full force and effect. Seller may use a licensed Contractor and materials of Seller's choice to perform all necessa -)viding they meet the applicable building codes. If neither art a ry tau' .ntract tray be cancelled by delivery of written notice t party agrees to pay such excess,then,at Seller's or Buyer's option,this returned to Buyer,whereupon all parties shall be relieved of all obligations ue other party.Innder this Contract. he event of uch cancellation all deposits made shall be [ J C2.PROPERTY SOLD IN-AS IS"CONDITION: Seller shall convey the property in its present"as is"condition.With the exception of Paragraph H.Environmental Hazards, Seller makes no warranties other than marketability of title and will make no repairs. Buyer has inspected the property or waives any right to inspect and accepts the property in its"as is"condition.By accepting the property as is," Buyer waives all claims against Seller and Broker.In the event of inconsistencies between this Paragraph and other provisions of this Contract,the provisions combined in this Paragraph shall prevail. [ J C3.PROPERTY SOLD IN"AS IS"CONDITION NVITH RIGHT OF INSPECTION: Seller shall convey the property in its present"as is condition.With the exception of Paragraph N. 9.Governmental and Related Matters and Paragraph H.Environmental Hazards,Seller makes no warranties other than marketability of title and will make no repairs.Buyer may,at Buyer's expense and within days(ten(10)days if blank is not filled in)from Effective Date,conduct inspections and make tests and investigations of the property as Buyer deems necessary to determine suitability of the property.Buyer may terminate this Contract by written notice to Seller and Broker within the time allowed to make inspections if the inspections reveal conditions which are reasonably unsatisfactory to Buyer. Buyer's failure to give written notice to Seller and Broker shall be deemed a waiver of Buyer's right to terminate this Contract according to the terms of this Paragraph. D. PRE-CLOSING EXAAIINATION: In addition to the above inspections,Buyer shall have the right to a pre-closing examination (xyalk through)of the premises prior to closing. The sole purpose of the"walk through"shall be limited to identifying changes in condition of the property which have arisen or circumstances which could not have been readily observed since the execution of this Contract.The pre-closing examination expressly is NOT an additional inspection.Any changes in condition noted at the"walk through", with the exception of normal wear and tear,shall be the responsibility of Seller. E. LENSES AND TENANCIES: Seller shall expressly disclose to Buyer at time of execution of Contract,a statement describing the rental,nature,duration and terms(including any special clauses or covenants)of all occupancies.Within fifteen(15)days after execution of Contract.Seller shall furnish to Buyer copies of all written leases and a statement from each tenant verifying the accuracy of statements pre%iously furnished by Seller.If Seller is unable to obtain the foregoing statements from tenants,the same information shall be provided in a Seller's Alfdavit. If there is a material discrepancy between statements made by Seller and verification received by Buyer,at Buyer's o lion this Contract shall be cancelled and all deposits made shall be returned to Buyer.No new occupan/ciess shall be created without the THIS FORM fL\S BEEN APPROVED BY THE SOUTH v Buyer[� .+I �[ !T J Seller[ [ This is a lee-a"Y Eindin2_contract and accordingly,ou may wish seek and/or tax advice. INC. t'i'('i.�PO ftt' Page 3 of 1 12/10"02 mortgagz,and the cost of recording the deed and any financing statements shall be paid by Buyer. Seller shall pay any prepavment penalties incurred or charged in satisfying existing mortgages. 4. PRORATIONS:Any references in this Contract to prorations shall be as of the date of closing unless occupancy occurs prior to closing,in which case proration shalt be as of the date of occupancy,unless otherwise provided: (a)Proration of Taxes(Real And Personal):Taxes shall be prorated on the current year's tax without regard to discount. If closing 0 occurs on a date when the current year's treillage is not fixed,and the current year's assessment is available,taxes will be prorated based upon such assessment and the prior year's millage.If the current year's assessment is not available,taxes will be prorated on the prior year's tax without regard to discount. If there are completed improvements by January Ist of the year of closing,which improvements were not in existence on January Ist of the prior year,taxes will be prorated based upon the prior year's millage and an equitable estimated assessment of the property,as improved.Any tax proration based upon any estimate shall be subsequently readjusted upon receipt of the tax bill. (b)Other Prorations: Insurance if Assumable, Rent,Association Dues,Condo Dues,interest,appliance service contracts (if Buyer requests transfer),any other expenses and revenues of the property shall be prorated. K.AFFIDAVITS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence of any claims of lien or potential Henors known to Seller.If the property has been improved within ninety(90)days prior to closing,Seller shall deliver to Buyer an affidavit setting forth names and addresses of all Contractors,sub-Contractors,suppliers and materialmen and stating that all bills for work on subject property have been paid.Buyer may require releases of all potential liens. Seller shall also furnish a"Gap"affidavit and any other afftdavits.which may reasonably be required by the closing agent. L.CONVEYANCE AND TRANSFER: Seller shall convey real property to Buyer by Statutory Warranty Deed(unless selling in a representative capacity)subject to: (1)taxes for year of closing and subsequent years;(2)zoning and/or restrictions and prohibitions imposed by governmental authority;(3)restrictions and other matters appearing on the plat and/or common to the subdivision;(4)utility easements of record,provided said easements do not reasonably interfere with the intended use of the property;and(5)other matters specified in this Contract,including mortgages to be assumed by Buyer and Purchase Money Mortgages,ifanv.All reverter provisions and reservations shall be released of record at Seller's expense unless extinguished by the Marketable Record Title Act or unless the right of re-entry or the reservation has been released by other statutory authority or by the state of Florida.Personal property shal l be transferred by Bill of Sale Absolute,subject only to such liens as agreed to by the parties. M.OCCUPANCY AND POSSESSION: Seller agrees to deliver possession,and all keys for locks and security systems if any,upon closing and funding and represents that there are no other persons in occupancy,unless expressly agreed to by the parties.If the property is rental property,Seller shall provide the information required by this Contract as to existing tenants. N.MISCELLANEOUS: I. SUITABILITY FOR MENDED USE: Buyer shall [ ] shall not[ ](not applicable if not filled in)within days(five(5) days if blank is not filled in) from the Effective Date, at Buyer's expense, determine the property including laws,zonsuitability of the Property throu gh due diligent •inquiries,investigations,studies or any other means regarding the ing,ordinances,referendums,initiatives d votes,etc.If such matters are unsatisfactory to Buyer,Buyer shall give written notice of disapproval to Seller and Broker within the .ae period specified herein,whereupon this Contract shall be considered null and void and any deposits shall be forthwith returned. Buyer's failure to give written notice of disapproval shall conclusively be deemed approval. 2. SURVEY: Buyer may have the property surveyed at his expense.If the survey,certified by a registered Florida surveyor,shows any encroachment on the property or that improvements intended to be located on the property do,in fact,encroach on lands of others or violate any other Contract covenants, the same shall be treated as a title defect. 3. SPECIAL ASSESSMENT LIENS:Certified special assessment liens as of the date of closing are to be paid by Seiler. Pending liens as of the date of closing shall be assumed by Buyer. Where the improvement has been substantially completed as of the Effective Date of this Contract,such pending liens shall be considered as certified,and Seller shall,at closing,be charged an amount equal to the last estimate of the public body of the assessment of the improvement. 4. (a)RISK OF LOSS:lithe improvements are damaged by fire or other casualty prior to closing,and the cost of restoring the same does not exceed five percent(5°'o)of the sales price,the cost of restoration shall be an obligation of Seller and closing shall proceed pursuant to the terms of this Contract with the cost thereof being escrowed at closing.If the cost of repair or restoration exceeds five percent(5%)of the sales price.Buyer shall have the option of taking the property "as is,"together with any insurance proceeds by virtue of said loss or damage,or cancelling this Contract and all deposits will be returned forthwith to Buyer and the parties released of any further liability hereunder. , (b)CONDEIN•IVATION: In the event an order of taking has been issued by any governmental authority,Buyer shall have the option to cancel contract or require Seller to convey any remaining portion of the property.Should the Buyer not elect to cancel the Contract,then the Buyer shall have the right to participate in negotiations with government and this Contract shall remain in full force and effect. 5. INCOME& EXPENSE STATEMENT: Seller shall [ ] shall not[ ] (not applicable if not filled in) within days (five(5) days if blank is not filled in) from the Effective Date, make available to Buyer a statement of income and expense pertaining to the subject property for the period from '10 to _ 30 .Seller represents that income and expense statements are based upon records maintained in the ordinary and normal course of business and used by Seller in the computation of federal income tax returns. Buyer shall be allowed days(five(5)days if blank is not filled in)after receipt of said records to provide written notice to Seiler and Broker of disapproval,whereupon this Contract shall be considered null and void and any deposits shall be forthwith returned.Buyer's failure to give written notice to Seller shall conclusively be deeme approval. Buyer[ ' '; ] [ ] Seller[ ] [ ] THIS FORDt HAS BEEN.APPROCED Bl'THE SOUTH BROW,kRD BOARD OF REA ORSR.INC. This is a legally binding contract and accordingly.you may wish to seek lecal ardor ta.�odvice. CMAPORP Page oi' i'_! )n'_ from the Florida Real Estate Commission and shall be saved harmless by the patties from any liability arising from thedistributio_n made pursuant to such order or direction providing,however,all parties shall strictly comply with the rules of the Florida Real Estate Commission. 23.THIRD PARTY BENEFICIARIES:The Buyer and Seller each acknowledge that the Listing Broker and the Cooperating Broker are Third Party Beneficiaries of this Contract. Notwithstanding privity or the absence of same,said Brokers have an interest in the • Performance of this Contract.Accordingly,the parties agree that this Contract shall not be changed or modified in any way which would effect the Broker's rights without the consent of said Brokers.Further,in the event of breach by either Buyer or Seller,then the ,:oopemting Broker,Listing Broker, or both may bring g an action against the breaching party for the amount of the professional service fee said Broker or Brokers would have received had the breaching party not breached.In the event of any such litigation,this Contract and the Listing Agreement,if any,shall control.In the event of conflict,this Contract shall prevail over the Listing Agreement.The prevailing party in any such action shall be entitled to attorney's fees and costs. 24. FAX AND COWTERPARTS:A signature transmitted by telefix shall be deemed to have the same effect as an original signature. This agreement may be executed in counterparts. 25. EFFECTIVE DATE:The Effective Date shall be the last date of execution by Buyer or Seller.All time periods shall be calculated commencing the day after the Effective Date unless specified herein. O.FINAL AGREEMENT:No modification or change in this Contract shall be binding unless in writing and executed by the parties. Where in conflict,typewritten provisions shall supersede printed provisions and handwritten provisions shall supersede typewritten and/ printed provisions. or P. SPECIAL CLAUSES: SUBJECT TO BUYER GETTING THE NECESSARY VARIANCE TO BUILD A FAMILY HOME ACCORDING TO THE LAW BEFORE CLOSING DUE ON,hH 2O04. CL;5 Q.REPRESENTATIONS AS TO BROKER INVOLVEMENT: In consideration of Seller entering into this Contract,Broker and Buyer each represent and warrant to Seller that to their knowledge the Broker. •-.^uned below are the only Brokers involved in this transaction,and to their knowledge no other Broker has produced the Buyer i?. ,Lransaction.Buyer agrees to indemnify and hold Seller rmless from and against all claims,actions,demands or judgments asserted, obtained against Seller by any Real Estate Broker other .an the Broker named in the Contract on account of this transaction.Seller rep;.:sents that Seller knows of no other Broker involved in this transaction except as stated in the Contract. R. BROKER'S COMPENSATION: (check one) [ ]If a written Listing Contract is currently in effect, Seller agrees to pay the Brokers named below a professional service fee according to the terms of the Listing Contract. [ ]If no written Listing Contract is currently in effect,Seller shall pay the Brokers named below a professional service fee of 7 % of the purchase price or S at the time of closing. If the transaction does not close because of refusal or failure of Buyer to perform,Buyer shall pay Broker's professional service fee in full upon demand,without thereby releasing the Seller from said obligation. In such event,fifty percent of Buyer's deposit(made or agreed to be made)shall be paid to Brokers and shall be credited against Buyer's liability for the total professional service fee.The balance of Buyer's deposit shall first be applied toward Broken'attorneys' fees and costs arising from Buyer's breach,then to other expenses incurred by Broken on Seller's behalf,and the balance paid, if any,to the Seller.Nothing in thi Paragraph shall preclude Seller from asserting Seller's rights against Buyer as provided for at Paragraph I,relating to default.If er defaults or if there is a recision without Brokers'consent,Seller shall pay Broken' professional service fee in full upon demand,-' Bever / Date - Sell Date twff Buyer Dat—e----_ Seller Date'— BUY IT REALTY INC.954-983-5135 (Firm Name and Phone Number of Cooperating Broker) (Firm Name and Phone Number of Listing Broker) THIS FORM HAS BEET APPROVED BY THE SOUTH BROWARD BOARD OF REALTORS2,INC. CCFSAPORP This is a legally binding contract and accordingly,you may wish to seek legal and/or tax advice. Page 7 of 7 12110,02 d - 9 i� r � �u,� P Pr r it w�•�1', <1� '� A •r, 6y m�P tr.u Fr •'� A�''i �,$xR :� x •w C V,a it? t � 1 °t a ° NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED RESOLUTION: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on February 10, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission room of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Resolution entitled: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING AND APPROVING THAT CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LEGALLY DESCRIBED AS EAST ONE-HALF OF LOT 6, BLOCK 2, SUN GARDENS, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGE 37, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BY BETWEEN DOUBLE D REALTY HOLDINGS, INC., AS BUYER, AND THE CITY OF DANIA BEACH, AS SELLER, FOR A SALES PRICE OF $16,500; PROVIDING A CONTRACTUAL CONTINGENCY THAT THE CITY COMMISSION APPROVE A VARIANCE OR VARIANCES TO BUILD A SINGLE-FAMILY RESIDENCE WITH LOT DIMENSIONS LESS THAN REQUIRED BY CITY CODE; AUTHORIZING THE CITY MANAGER TO CLOSE THE TRANSACTION FOR SALE WITH A RESTRICTIVE COVENANT LIMITING THE USE OF THE REAL PROPERTY TO A SINGLE-FAMILY RESIDENCE; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 0 A copy of the proposed Resolution is on file in the City Clerk Department, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3624 at least 48 hours prior to the meeting. /s/ Miriam Nasser Acting City Clerk Run in Sun Sentinel: January 30, 2004 ..OTICE OF PUBLIC HEARINk. �' CITY OF DANIA BEACH VA-29-04 1904 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, May 25, 2004 at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Chambers, Dania Beach Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: Applicant: Double D Property, Holdings, LLC. Owner: City of Dania Beach Location: NW 2"d Terrace (East '/z of Lot 6 Block 2 Sun Gardens Subdivision) SE Corner of NW 141h Ct. and NW 2"d Terrace VA-29-04 — Request by Double D Property, Holdings, LLC., for variances to construct a single family residence on a lot which does not meet minimum side and rear yard requirements for properties within the RD-8000 zoning district. (Chapter 28, Zoning Article 4, Schedule of Lot Yard and Bulk Regulations) gh- 11, Nr,!r"e ME ? . M Side Yard Setbacks 30/ 15 feet 12.5/6.25 feet Rear Yard Setbacks 1 15 feet 12.67 feet 0 Legally described as the East '/2 of Lot 6, Block 2 of "Sun Gardens" according to the plat thereof, as recorded in Plat Book 26, Page 37 of the public records of Broward County, Florida. Copies of the proposed request is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Publication Date: Friday, May 14, 2004 • ��'PUBLIC HEARING GI�j OF gANIA BEACH p NOTI-"i-bHEREBY Y)� iGIVEN! ���s —j}�f ` that a puohc heanng•Will' be held beforejthe City; COmmrss11_ ionwOn Tuesday; ;May 25 2004 at 7 00 p m;;; S ,`or�as soon thereafter as possible;�m the :,;Dania Beach}1 City Q Commission Chambers Dania "Beach AdrhmrTytraUver center; �CiY 100) West�rDamaa�Beachi ;BIvd4 Dania Beach;Floe„ da 83004;`for the purpose of-hAaring any comments which=`inight�behmade to the foHowrng request App lcanf Double f)Prop; s erty Holdings LLCtna •" Owner�=:uCity,�of IDania�, Beachp LocationicSE Corner of NW. 14thtCta,ndt NW 2 Terrace:i VA 29 OG' r 'Request by': '°".Dou'bie,�D Property,+cold rugs L'LG for,v'ari es,'tq construct a singl_e!,family h '� residence on a lot wich, does not meet;rmmmum side and,rear yar e- t for properties with m the;RD 8000 zortrng dis=;3 r( tnct�:(Chepter.28;yZonmg Article�4,;Scheduleof Lot Yard andi-Buik RegulaU;'. I;n ons)< >' ? A) Srde£Yard Setbacksi=' 30/15 feet Required /6 25 Provided ;! r;.Yard Setbacks`%l B),Rea feet„Regwred� 12 67 feet; r f.1 5 l.egaliy;descnbetlras-the East;1/21of Lot 6?Block 2. of.Sun;GerdensQaccor , to e:plat thereof as re; corde&,1jW,Plat Book 26, Page;.37 ci the public recordst of t �,Broward; County,�FlOnda '. A copyof the"proposed re-"quest, is avallablev for viewing ri.the Community Development '` Depart, _ men't,'•, 0 wesin! ani6 Baach(BIVd Dania Beach;k Florida between`the hours', of 8`.00 a m:and 4 Monday Friday pleasei call' .(954)' 924-3645 more information'. Inter- ested parties may.appear j at the pubiic.h'eanng and be:heard with respect to the proposed;peUion ` j In accordance' with', the Americans With Disabili- ties Act_persons-needing assistance>to-pa_rticipate in any,of`tnese proceed. in ' should' contact Louise Stilson,'City Cleric; 100 W. Dania Beacil Blvd Dania`-Beach;!R.33004, r (954),924-3622;.atleast48 hours prior to meeting:; Any person,who;decide's to appeal any, decision made by,the city.Commis; sion wlth:regard to any matter considered at this meeting, or.,hearing.will need.a record of�the pro= ceegings and for suchpur-, pose may need.to ensure that verbatim•recoed of the proceedings-is,made,' wti'ch record includes the testInioriyy and evidence updn'bvh(ch the appeal is to.based Lou�,Ann Cunningham Plahnmg Associate Metz 14 2004`'- • a - + / ' o v ` a ,•waar .,,... .b....-.w..m�•+o gym_ .,.-w,..l-...._......„....,4. A tt i - _sa k R r,. ' a p iI' r a i w v $_ N .y ON OI � � � OOr Ord � � n � �i t{7 O O N r O O r 0 r 0 Q r O O O r o 00 O O O Z O O O O O O M O M O O O M O O Q O O O O O M O O O O O O O t` 0 0 0 0 0 0 0 J � � Q 0 J LJL W LL U) LL J J w Z U) LL LL Y J J J J W J W J W J J J J J J J J J J J J J J J J J x J J J J J J J LL LL LL LL Z LL J LL J LL LL LL J LL LL LL LL LL LL LL LL g LL LL LL J LL LL LL a. 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