HomeMy WebLinkAboutR-00-0569J-00-465
6/13/00
RESOLUTION NO. 0 0 _5 69
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, APPROVING THE RELEASE OF A
COVENANT RUNNING WITH THE LAND, DATED
SEPTEMBER 11, 1981, AND RECORDED IN OFFICIAL
RECORDS BOOK 11217, AT PAGE 2036, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
FOR THE PROPERTY LOCATED AT 1818-1834
NORTHWEST 36TH STREET, MIAMI, FLORIDA, AS THE
PURPOSE FOR THE COVENANT NO LONGER EXISTS AND
THE PROPERTY OWNER INTENDS TO DEVELOP BOTH
PROPERTIES AS A COMMERCIAL USE.
WHEREAS, the property located at 1818-34 Northwest 36th
Street, Miami, Florida, more particularly described on attached
Exhibit "A" (the "Property") is subject to a Covenant Running with
the Land (the "Zoning Covenant"), dated September 11, 1981, and
recorded in Official Records Book 11217, at Page 2036, of the
Public Records of Miami -Dade County, Florida, pursuant to which
the owner of the Property acknowledged and agreed that one
portion of the Property (Parcel "B") would be used to provide
parking for the benefit of another portion of the Property
( Parcel "A") ; and
TTACHMZ T
�� � N E
CITY COMMISSION
MEETING OF
JUN 2 9 2000
Resolution No.
UU_ 0 ZY
WHEREAS, the commercial structure on Parcel "A" has been
demolished, thus eliminating the need for parking on Parcel "B"
and the property owner, AutoZone Inc., has requested release of
said Zoning Covenant in order to develop Parcel "A" and Parcel "B"
as a commercial use; and
WHEREAS, the Director of the Department of Planning has
reviewed the request and recommends the release of the Zoning
Covenant; and
WHEREAS, the City Commission after careful consideration of
this matter finds that it is in the best interest of the general
welfare of the City of Miami and its inhabitants to release the
Zoning Covenant for said Property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The release of a Covenant Running with the
Land, dated September 11, 1981, and recorded in Official Records
Book 11217, at Page 2.036, of the Public Records of Miami -Dade
County, Florida, a copy of which is attached hereto as Exhibit
"B" (the "Zoning Covenant"), is hereby approved and the proper
Page 2 of 3
0
City Officials are hereby authorized to execute a release in
connection therewith for the property located at approximately
1818-1836 Northwest 36th Street, Miami, Florida, more
particularly described on Exhibit "A" attached hereto and made a
part hereof, to allow said Property to be developed as a
commercial site.
Section 3. This Resolution shall become effective
immediately upon its adoption."/
PASSED AND ADOPTED this 29th day of June 2000.
JOE CAROLLO, MAYOR
.In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the ciesi naffed glace rovided, said legisl�+ R'' low
becomes efteciive with the elapse of ten i) days f he date ommis4 : nregarding same, without the Mayor exe ising e' .
ATTEST: Waiter J. Foema ty Clerk
WALTER J. FOEMAN
CITY CLERK
M-171011 molimn.51
PRO VILARELLO
�RNEY
42 r ei
ii This Resolution shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 3 of 3 Go- 5669
EXHIBIT A
A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 27,
TOWNSHIP 53 SOUTH, RANGE 41 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF
TRACT "A", THE TREES, AS RECORDED IN PLAT BOOK 98, AT PAGE
21, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE
SOUTH 900 00'00" WEST ALONG THE NORTH LINE OF SAID TRACT "A"
FOR 244.00 FEET TO A POINT ON THE EAST LINE OF LOT 1, BLOCK
7, "HOLLEMAN MANOR", AS RECORDED IN PLAT BOOK 10, AT PAGE 30,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE NORTH
000 34' 20" WEST ALONG SAID EAST LINE OF LOT 1, FOR 130.42
FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF N.W. 36TH
STREET; THENCE NORTH 90° 00'00" EAST ALONG SAID SOUTH RIGHT-
OF-WAY LINE FOR 244.00 FEET TO A POINT ON THE WEST RIGHT-OF-
WAY LINE OF N.W. 18TH AVENUE; THENCE SOUTH 000 34' 20" EAST,
ALONG SAID WEST RIGHT-OF-WAY LINE FOR 130.42 FEET TO THE
POINT OF BEGINNING;
AND LOTS 1 AND .2 , BLOCK 7, "HOLLEMAN MANOR", AS RECORDED IN
PLAT BOOK 10, AT PAGE 30, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
SAID LANDS LYING AND BEING IN THE CITY OF MIAMI, MIAMI-DADE
COUNTY, FLORIDA, AND CONTAINING 1.07 ACRES, MORE OR LESS.
a'�ttt7
WALTER J. FOEMAN
City Clerk
August 4, 2000
United States Postal Service
Post Master General
5000 N. W. 2nd Avenue
Miami, Florida 33128
Dear Post Master General:
Lob -os
of tit
CARLOS A. GIMENEZ.
i�nv nnu City Manager
Enclosed please find a copy of Resolution Nos. 00=568; .00-569, 00-543 and 00-575 which were
passed and adopted by the City of Miami Commission at its meeting on June 29, 2000. This
legislation is being forwarded to you for your information and files.
Sincer y,
Walter J. oe
City Clerk
WJF: yd
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
aCITY OF MIAMI, FLORIDA
TO: The Honorable Mayor and
Members of the City Commission
�
�.
. •City Manager
.�
INTER -OFFICE MEMORANDUM
DATE:
� PZ -2
SUBJECT: Release of Covenant dated
September 11, 1981 Recorded
No. 818240112
1818-1834 NW 36 Street
REFERENCES: City Commission of
ENCLOSURES: June 29, 2000
RECOMMENDATION
It is respectfully recommended that the City Commission adopt a resolution accepting the Release of
Covenant recorded in the Public Records of Miami -Dade County, Florida.
BACKGROUND
The former Department of Building and Zoning had required this Covenant Running with the Land to
ensure required parking on a lot adjacent to the commercial principal use.
The structure requiring parking at the time the covenant was recorded has been demolished and the
required use for parking is no longer necessary.
The new owners of the Property are proposing a replatting of the land into one parcel that will ensure
that the par inng required for the new commercial use will be provided on site.
AA CAG/GCI/A 96/er
cc: Ana Gelabert-Sanchez, Director
Planning and Zoning Department
FILE:
JUN -21-2000 WED 03:05 PM FAX id 1, P. 02
//Zone
Ross A. Boswell, Attorney Direct (90I) 495-8795
Real Estate, Department 8340 Fax (901) 495-8901
P.O. Box 2198, Memphis, TN 38101.2198
60 Madison Avenue, 10'' Floor
Memphis, TN 38103.210 ross.boswell(a�autozone.cora
June 21, 2000
VIA FACSIMILE (305-416-20351
Maria Faria
City of Miami
Office of Hearing Boards
444 SW 2'd Avenue, r Floor
Miami, FL 33130
RE: AutoZone store #2485,1812 NVQ' ,Wh Street, Miami, fL
Dear Maria:
Enclosed are the following:
1) A copy of the lobbyist registration form to b- sent to the Office of the Ci --y Clerk.
2) A copy of the corporate resolutions which include Robert D. Olsen as ar; officer
of AutoZone.
3) A. certified resolution panting Sam Fischbcin the authority to represent AutoZone
at the June 21' meeting of City of Miami Ciiy Commission Meeting.
I will fax you a copy of the Six Hundred Dollar (5600.00) check when it is issued.
AutoZone hereby requests that the covenant, which currently encumbers the above
referenced property, be released in order to facilita:.e the replat of the property.
Sincerely,
Ross A. Boswell
Encl.
ZZ; 11217 2036
Jsip IB ?+:
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iU- 569
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Robert Olsen
who being by me first duly sworn, upon oath, deposes and says:
1. That helshe is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by Chapter 55 of the Code of the City
of Miami, Florida, affecting the real property located in the City of Miami, as described and listed
on the pages attached to this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their 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 accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current
names, mailing addresses, telephone numbers and legal descriptions for the real property of
which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
STATE OF F1=9141&A- � ,
COUNTY OF A' 4.0 lW
foregoing
CL-.
Ap icant' ign tune
�enlor Ice �resldent
me this rTh day of U/1L
Mtlmlako.. (119y
corporation, on b half of the corporation. &Dghe is personally n to me eF he
and who did QNn-A take an oath.
sOs ••-
s P1 • Z' Name- %
• Z ° Name: tClnerte E- n✓1_
' e PUBLIC c 1 Notary Public -State of Fkwida 10M t✓ c,
° AT
LARGE a•
My Commission Expires:q-25-ZO6
••
•a.
=';6 9y
0
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Scc �-I►tl��� ►fir
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the
Code of the City of Miami requires disclosure of all parties having` a financial interest, either
direct or indirect, in the subject matter of a presentation, request or petition to the City
Commission. Accordingly, question #2 requires disclosure of shareholders of corporations,
beneficiaries of trusts, and/or any other interested parties, together with their addresses and
proportionate interest.
:100%
This is a/publicly traded company 1
3. Legal description and street address of any real property (a) owned by any party listed in
answer to question #2, and (b) located within 375 feet of the subject real property.
None
Owner or Attomev for Owner'
STATE OF'FCQRTDA Ellj C7
COUNTY OF
The foregoing instr nent was acknowledged before me this e1+1 day of _Mne
20M , by a55 A .dffx,)e- t I of
-Ijb Tir, Ply _O-cp. .
corporation,' n behalf of the corporat He he is personall wn to me 4r-1ws
Wasnd who did did not take an oath.
41
••`Ila ob
Y NOTAR•;
. . . � Name- I►�i+e.t�e.�k-�.rtlpr�ii,
a ! PUBLIC e 1 Notary Public -State of E6&id ^IIS. J%JNV SSC t
AT'
LARGE My Commission Expires: Q z- ,;tAv)
°e ••••..... i
JUN -12-2000 nON 01:08 PM AUTOZONE STORE DEV
Consideration: $3801,000.00
PREPARED BY AND RETURN TO:
First American Title Insurance Company
25400 IU.S. 19 North Suite 212
ClcaMatcc, FL 3463
RR�.17t0 � 218
Our rile No.: F19&541
AX NO. 901 495 8969
P. 03
9—/RC+34.:3'r 7 1997 JAW 27 1.:10
SPECUL WARRANTY DEED
Tiro acme of eacb person who executed, witamad, or notarized this document matt legibly be printed, typewritten or
stampod immediately beneath the fowture of svA pereoa.
THIS INDENTURE, made this 24th day of January, 1997 between
D005TPDEE M130,00 40 SURTK 1, 710.0o
MIAMI DISCOUNT MEAT & FISH, INC., HARVEY RUVIN: CLERK DADE COUNTY► FL
a corporation existing under the laws of the State of Florida, whose mailing
address is: 5400 SIN 163rd Avenue, Ft. Lauderdale, Fla. 33331
hereinafter referred to as the GRANTOR, to
AutoZone, Inc, a Nevada corporation
whose mailing address is: 60 Madison Avenue, 9th Floor„ Memphis, Tennessee
38103
hereinafter referred to as the GRANTEE
WITNESSETH, that the said GRANTOR, for and in consideration of the sum of
$380,000.00 Dollars, to It in hand paid by GRANTEE, receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said GRANTEE forever,
the following described land situate, lying and being in the County of DADE,
State of Florida, to wit:
PLEASE SSE ATTACHED LEGAL DESCRIPTION
See Schedule A attached hereto and by this reference matte a pert
hereof.
SUBJECT TO covenants, restrictions, easements of record and as set: forth in
Exhibit B, attached hercto. SUBJECT TO taxes for 1997 and subsequent years,
Parcel Identification Number: 01311270000180; 0131270000190; 01 31270000200
TOGETHER WITH all the tenements, hereditaments and appurtenances belonging or
in any way appertaining to the Property.
TO HAVE AND TO HOLD the same in fee simple forever.
And Grantor hereby covenants with Grantee that Grantor is lawfully seized of
the Property in fee simple; that Grantor has good right and lawful authority
to sell and convey the Property; and that Grantor does hereby fully warrant
the title to the Property and will defend the same against the lawful claims
of all persons claiming by, through or under Grantor, but against none other.
JUN -12-2000 MON 01:09 PM AUTOZONE'STORE DEV FAX NO. 901 495 8969 P. 04
-,;R0lf4 -F-MT COMIERCSAi. ®f 813 731 7240 1
' l 1-23 10:48 8341 P.OS/07
REC17t.06F4` `. 9 1
IN WETNESS WHEREOF, the said GRANTOR has caused these presents to be signed
in its name by its President, Sbdo Mendez, corporate seal affixed,
attested by 16 the day and year above written.
Attest.,--,
MIW, 9e6lee ■nd WYMved In per Preswo:
G1,m c�QL
MIAMI DISCOUNT MCAT & FISHJNC., a
Florida rporatlon
L BY'
�^
5' a dez, Pre ent J.
Z/ y - - �_- t I. ' .
(CORPORATE" SEAL)
STATE Ot~I' January 24, 1997. `
COUNTY OF.
The foregoing Instrument was ackno:%d ed before me this January 24, 1997 by
Sixto Mandez, of Miami Discount Melt � �ish, Inc., a Florida Corporaticrl,
on behalf of the cxyr oration. He/she Is ' eroaliy known to me or has
producerl_ - �g identification andd(did nat} take an oath.
notary public {
auws
Tvpe6A pKHrK lhtE aF 03TIC81 TAKPX: AC✓' NCW :.: X MY COMMISSION II CC 598165
x: ''��• . BPIRES;.ApiUTt,2000 I
notary expiration ° .p,:!: *Y tune Thal Wvy M& Und +s
notary seal
G
JUN -12-2000 MON 0110 PM AUTOZONE STORE DEV FAX NO. 901 495 8969 P. 05
REC:9&4
schedule A
Commence, at the Northeast corner of the Northwest 1/4, Northeast
1/4, Northeast 1/4 of Section 27, Township 53 South, Range 41
East, thence South along the East Zine of the Northwest 1/4 of
the Northeast 1/4 of the Northeast 1/4 of aforesaid section 27, a
distance.. of 35 feet to the Point of Beginning of a tract of land
hereinafter described, thence continue South along the East line
of the Northwest 1/4 of the Northeast 114 of the Northeast 1/4
of aforesaid Section 27, a distance of 130.0 feet, thence west
parallel to the North line of said Section 27, a distance of
269.17 feet to a point of intersection with the East line of
Lot 1, Block 7, HOLLEMAN MANOR, according to Plat Book 10,
Page 34, of the Public Records of Dade County, Florida; thence
North along the East line of said Lot 1, a distance of 1.3000
feet to the Northeast corner of aforesaid Lot 1, thence East
along a line parallel to and 35 feet South of the North line of
said Section 27, a distance of 269 feet to the Point of
Beginning. LLSS the East 25 feat dedicated for road and walk
improvements on June 11, 1949, recorded in Used Book 3162, page
57, of the Public Records of Dade County, Florida. Also the East
S feet of Lot 1, B1ocX 7, HOLLEMAN MANOR, according to plat Book
100 Page 30, of the Public Records of Dade County, Florida,
File No: FL96-541
4'69
.JUN-12-2000 MON 01:10 PM AUTOZONE STORE DEV FAX 140, 901 496 8969
OFF .17506fC,4
REC.
P,
06
�L96-5�tl
F&hijbit B
Subject to any and all matters as rec-,ted on the Plat of HOLLEMAN
Y-AWOR recorded in Plat Book 10, Page(s) 30, DARE county Records.
Covemant running with the land recordeJI septembez is, 1981 in
O.R.'Book 11217, Page 2036, Pude Count•,.Florida.
- f-•fCilnrYER+%f? -
IiARVEx rruvlr,
JUN -21-2000 WED 03:07 PM
FAX N0,
CERTIMM WOUMON OF
BOARD OF DMEOTORS
OF
ALT70ZONJ6 rM
•
b HARRY L. GOLDSMrM do hereby certify' mat I am the wry of AutoZone, be_, a corporabon
organized tender the laws of the State of Nevada (tire "Campay-)' and bast at a meets ofthe Board of Dir ocWrs of
the Compaay convened and held in actordanoe with the laws of the Stan; of Nerads and the Bylaws of'the Company
on dna 9h day of DeeeRnber, 1999, Bas Baa:d ofDkwbors of sac Company adopted the Mlowing rotations, which
are =randy in full force and effect without aueadmen
RESOLVED, Haat arty two officers ofthe Compaty we herby awhorizad and empowered, for and on
behalf of'tite Company, to acne a any and all agreerttents, cotes, deeds, notes, deeds of hast; lenses and
other ID*uzaelt in coutwu o wib any and all purchases, sales, trmtdem leases, or other uses of reel
property or personal ptropeaty naw or bftw ar owned or used by the Ca mpai . in the normal course of
basitm% w furtive a the intion by the Board of Directors.
BE rr FrMTM RESOLVED, tbat: am y two ofliceas of the Company we hereby authorized and
empowered, for and on beM of ft Company, fMM time to time to de5iltatc specific cmvomtc
employees who nee authmmd to withdraw famtls from designated commenial banks on sack terms as may
be deeaaed,}dyable by said offie ts, to make shat term inveme ts, attd to make, a acm and deliver
abaft, notes, remewal notes and Vis, its, fir, tnor".fes, deeds of !ruse,
guna nt=4 sad other` rents or insttuctioas as may be deemed advisable by said officers, in the
normal curse ofbusmess, withatt fmta attthac =dorn by the; Board of Dnwors.
8E Tt FuRTliB.R RFSOI.VED, ti= sty resohniow roo=wd to be adoptod by any bank or other wbty
traosaaing bush= with rho CompcW m the normW comae of business shall be doomed to bays been
adopted by the Board of Directors ofd* Company as ixrlly as if set forth verbatim, bereik and the Secretary
or the Asaiftat Sawcaay of the Compsay is baeby audwriW to ' to the adoption of any suzb
rseVired resolutions.
I fMIba aItify that t#te duly tieated tad gaWhUd Officers of die Company are as foitows:
iobaMit C_ Adorns, Ir.
Cbeir== & Chidrxeoutive OPFica
Timoday D. VAW
Pftsident Bt C bJef Operating offlow
Robert ]. Hunt
IScootdvv Vice President & Chief Financial Officer
i taw l+ Aunbaroh
Senior viae President & Assi $ Mt Seotetuy
Michael B. Band
Samior Vies PnSides
Br= G_ Clark
Settlor; Vice President & Chief hftmatson OSCer,
Geadd S. Colley
Senor Vica Presidet
Rasa A. Easley
Senior Vico President
Joseph M. Fabiano
Senior V;Ce Preskieut
HPVY L. Cioldo milh
Seder Vice Presider!, Secretary & General. Counsel
Michael P3 Lmtgo
Sassior Vim Presitdew
Robert D. Olsen
Senior vice Prewcat
WMism C. Rhodes. til
Senior vice President
Anthony Dean R^ Jr.
Senior vice President
sbgg n W. valenihm
Senior Viet Presideart
Richard F. Adws, Jr.
Vice President
Pott A. Bascotar
'Vice Presiddai
Bensw Graig Bbac I
Vice President
Michael T. Broderick
Vice Prtemad
Mi *=l B. Babanick
vice PresidaM
Wilkens L. Cone
Vice Preswout
P. 05
JUN -21-2000 WED 03:08
PM FAX NO, P. 06
James A. Cook. M
Vico pre4dag
IwAft Dobbs
vice ftfsm=
Tom C. Bilim
Vice president & Tra*=
ramgt*=
Vk*-p,6sidMf
Ciao-. Faddis
We President
Uuy F"Y
Presidw
Wm. D" Gilmow
VIM Pruett & AssuUd S=*Wy
Fronk M 060da�m, M
Vice President
Bic S. Gadd
V'Me Phddent
Trikeis K Gmagmer
Vi=Prftwgw & Contmuir
Lacy Us*
vice Phdi&w
Lesley Harkwy
Vim Pmideat
Matt HOW=
Vim Presidmi
Phillip J. hCIUM
V= ftuideut
E=Mn Jo Ks ftu
Vice President
VAMam R, McCawky, Jr.
Vivo preadmt.
12a hrwAell -
Vim prwdent
Thomas NWL�
Vice preddau
David W. Nichols
vice pmddmt.
Mask PAWW11
vice PresilkMt
Ricbwd C- Smitb
Vice Pne6ident
D=iis P. Toliva, Sr.
'Vice Pmidew
WIMM E Wulf=
Vice ACG39dCRi
Dandd R- Raw1hks,
Amt Secretary.& AssIswT ClenoW Counsel
M MTN= day Of
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By: -
Hwy L, Gbldsm* Senior Vice hwA=iL S=eury & Gftuml C=sel
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JUN -21-2000 WEE) 0306 ?)�
Fhx N0,
CERTIFIED RESOLUTION
OF
ALTOZONE, INC.
•
1, WM. DAVID GILMORE, do hereby certify that I am the Assistant Secretary of
AutoZone, Inc., a corporation organized under the laws of the State of Nevada (the
"Company"), and that 1 am authorized to certify the adoption of any resolution required
to be adopted by any entity transacting normal business with the Company.
RESOLVED, that Saran Fischbein of Gold Coast Engineering is hereby authorized
and empowered, for and on behalf of the Company, to represent the Company and to
speak on the replat issue regarding AutoZone store 42485, 1812 NW 361' Street, Miami,
Florida, which issue shall be addressed at the City of Miami City Commission Meeting
scheduled for June 29, 2000.
BE IT FURTHER RESOLVED, that this authorization relates only to this
particular issue and this specific City of Miami Commission Meeting.
P. 04
IN WITNESS WHEREOF, I hereunto affix my signature as of this 21't day of June,
2000,
By: AppFIOVEa, VERIFIED AND
Wm, David Gilmore, Vice President & Assistant Seoretavy PASSED FOR SIGNING
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