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HomeMy WebLinkAboutR-96-0366,) J-96-402 (a) 05/23/96 96- 366 RESOLUTION NO. ATM AFFIRMING A RESOLUTION, WITH ATTACHME (S), THE DECISION OF' THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 931.2, REQUIREMENTS FOR RESERVOIR SPACES, TO ALLOW A DRIVE -THROUGH FOR A COMMERCIAL FACILITY WITH A REDUCTION OF SAID SPACES. - REQUIRED FOR OTHER DRIVE -THROUGH FACILITIES OTHER THAN EATING AND DRINKING ESTABLISHMENTS (1ST LANE; EAST SIDE): 3 SPACES BEFORE THE SERVICE WINDOW, PROPOSED: 2 SPACES BEFORE THE SERVICE WINDOW; REQUIRED FOR EATING AND DRINKING ESTABLISHMENTS (2ND LANE; WEST SIDE): 8 SPACES BEFORE THE SERVICE WINDOW, PROPOSED: 7 SPACES BEFORE THE SERVICE WINDOW, FOR THE PROPERTY LOCATED AT 222 SOUTHWEST 7TH STREET/201-227-231-255- 299 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ZONED C-1 RESTRICTED COMMERCIAL, SUBJECT TO THE FOLLOWING: (1) A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; (2) ONLY THE FOOTPRINT IS APPROVED, PER PLANS ON FILE, BY THIS SPECIAL EXCEPTION; (3) THE FACADES AND FINAL SITE PLANS, WITH ANY MODIFICATIONS AS DISCUSSED AT THE URBAN DEVELOPMENT REVIEW BOARD, SHALL BE SUBJECT TO THE APPROVAL OF THE COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT; AND (4) THE APPLICANTS SHALL PROVIDE THE COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT WITH AN EXECUTED COPY OF A LONG-TERM LEASE FOR 30 OFFSTREET PARK?NG SPACES UNDER THE EXPRESSWAY FOR USE BY THEIR EMPLOYEES. WHEREAS, the Miami Zoning Board at its meeting of April 1, 1996, Item No. 4, duly adopted Resolution No. ZB 33-96 AYTACt3E�€63Y (S)1 CID VAT A9RED CITY COPMUSSIoN MEETING OF MAY 2 3 1996 Resolution No. 96- 366 i �I by an eight to one (8-1) vote, granting a special exception as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the special exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds that the application for a special exception does meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the special exception and to affirm the decision of the Zoning Board; 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 decision of the Zoning Board to grant a Special Exception requiring City Commission approval, as listed in Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 9, Section 931.2, requirements for reservoir spaces, to allow a drive -through commercial facility with a reduction of said spaces. - Required for other drive -through facilities other than eating and drinking L establishments (1st lane; east side): 3 spaces before the service window, Proposed: 2 spaces before the service window; Required for eating and drinking establishments (2nd lane; west side): 8 spaces before the service window, Proposed: 7 spaces before the service window for the property located at 222 Southwest 7th Street/201-227-231-255-299 Southwest 8th Street, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof, zoned C-1 Restricted Commercial, subject to the following: (1) a time limitation of twelve (12) months in which a building permit must be obtained; (2) only the footprint is approved, per plans on file, by this Special Exception; (3) the facades and the final site plans, with any modifications as discussed at the Urban Development Review Board, shall be subject to the approval of the Community Planning and Revitalization Department; and (4) the applicants shall provide the Community Planning and Revitalization Department with an executed copy of a long-term lease for 30 offstreet parking spaces under the expressway for use by their employees, is hereby affirmed and the Special Exception is hereby granted. Section 3. This Resolution shall become effective immediately upon its adoption. ;,' / �/ 1996. PASSED AND ADOPTED this 23rd ` ay of May , r i ATT ST : WALTER . FOEMAN CITY CLERK - 3 - P. CLARK, MAYOR 56- 366 L �� 444 PREPARED AND APPROVED BY: I" \" . ! I F T,paal Descri- t--On, Lot 19, Block 51 South, CITY OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page ai, of the Public Records of Dade County, Florida, less the South 10 feet thereof. Lot 19, Block 51 South, CITY OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, lgs_:s. the South 10 feet thereof. Lot 20, Block 51 South, CITY OF MIAMI, according to the Plat thereof, recorded 'in Plat Book B, Page 41, of the Public Records of Dad® County, Florida, je$A ten South 10 feet thereof, 3e I the Easet 10 feet thereof and less the following; { The external area of a circular curve hawing a radius of 15 feet rand tangents which are 35 feet North of and parallel with the centerline of S.W. 9Ch Street and 35 feet West of and parallel with the centerline of S.W. end Avenue. Lot 17, Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41 of the Public Records of Dade County, Florida. Block 51 South CITY OF MIAMI, according to the Lot 16, ► Plat thereof, as recorded in Plat Book "B", Page 41, of i of the Public Records of Dade County, Florida. 1 Lots 11, 12, 13, 14 and 15, less the South 10 feet thereof, 1 in Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B10, Page 41, of the Public Recorder of Dade County, Florida. i Lot 4, Block S1, CITY Og MIXMI SOUTH, Plat Book "8", Page 41, Dade County, Fla. { 6- 366 4 ZONING FACT SHEET P Z LOCATION/LEGAL 222 S.W. 7th Street / 201-227-231-255-299 S.W. 8th Street. (Complete legal description with the Office of Hearing Boards). APPLICANT/OWNER Leon Torres (Owner) Juan Hernandez & Kvriam de Hernandez for Warley Investments, N.V. (Owners) Carol Murphy for Coconut Grove Bank (Owners) Serge Crucke, Irving Goldstein, Sylvia Ben (Owners) Harvey Taylor for Bridgestone Inv., Inc. (Buyer) ZONING C-1 Restricted Commercial REQUEST Special Exception requiring City Commission approval, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 931.2, Requirements for Reservoir Spaces, applying generally, to allow a drive-thru for a commercial facility with a reduction of said spaces. Required for other drive-thru facilities other than eating and drinking establishments (1st lane; east 1 side): 3 spaces before the service window. Proposed: 2 spaces before the service window. Required for eating and drinking -establishments (2nd lane; west side) 8 spaces before the service window. Proposed: 7 spaces before the service window; { zoned C-1 Restricted Commercial. This is a companion to Item #5. RECOMMENDATIONS: PLANNING, BLDG & ZONING Denial. PUBLIC WORKS No comments. PLAT AND STREET No comments. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: Failure to maintain lot in a safe, clean condition; not allowing accumulation of j debris, trash or dense growth of grass. Ticketing Action: Complaint #9510228, 9510230, 9520671 & 9603043 (T-5324). Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A i CEB Action: Violation is for address's 201-227-231 SW 8 ST. Ticket #5324 amount is $200. HISTORY i i 1 r i' ANALYSIS See Attached. { i { i ZONING BOARD Granted for 12 months in which a bldg. permit must be obtained & bj. to conditions of C.P.R: Department. APPELLANT N/A.su CITY COMMISSION N/A. APPLICATION NUMBER 95- 465 Page 1 April 1, 1996 Item# 4 96-- 366 ANALYSIS FOR SPECIAL EXCEPTION 299 SW 8" Street. Pursuant to Section 931.2 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for drive-thru that do not meet the minimum reservoir spaces required as follows: East side drive-thru: Required stacking before service window - 3 Proposed stacking before service window - 2 West side drive-thru: Required stacking before service window - 8 Proposed stacking before service window - 7 The following findings have been made: • It is found that the proposed reduction of the required number of stacking before the east and west service windows is the result of an overbuilding of the subject property that will have an overall adverse impact on the neighborhood and adjacent streets. • It is found that although the use is compatible with the area and will be beneficial, the companion request for parking variances could result in a parking deficit of 58 parking spaces that will have an adverse impact on the surrounding area due to over- flow parking having to be accommodated on the adjacent streets. • It is found that because of the location of the subject property this project should be presented at the Urban Development Review Board (UDRB) for comments, and such comments or/and conditions should be incorporated in the plans. • It is found that since this proposal is new construction , it should be designed to comply with all zoning requirements. Based on these findings, the Department of Community Planning and Revitalization is recommending denial of the application as presented. 3 96- 366 •y M .ze fIT to to 30 In Ell. 3 ST 3 ` • , ♦ , i 9 � Iell. n o i� �el eaom m LI ovo©o ooeva eeds u2MIIRu v ' .YY. J "'�""'e'�' S 1. 17 JUG ,� s w ae PROPERTY OF N MIAMI STEAM E ECTRIC STATIC) \� 4 LORIOA Owen 1RI AH0 LIGHT CC sc e a� \ IT rolls �u n n H 1s a 1r 1e CT goills. im E�ro�ra 10 e e T e , :. ➢ 1 oil s w -kx �ml0g= THATCHEN ENTERPRISE PROPERTI TT �A tTu �o. e She Too % a o 24 1s 3 1sR�- 98 x] uj 10 7 11 �, Q S y n ➢' } _ N, le IT Is to �] S.W 8 ST. Elf W � A A .zr. r ------------- I tie lnforonotion Mnnngrilrc;it Company 6954 N.W. 12 STREET, MIAMI, FLORIDA 33126 305-477-9149 • 800-287-4799 • FAX 305-477-7526 Mr. Henry Crespo offered the following Resolution and moved its adoption. RESOLUTION ZB 33-96 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD GRANTED A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 931.2, REQUIREMENTS FOR RESERVOIR SPACES, APPLYING GENERALLY, TO ALLOW A DRIVE-THRU FOR A COMMERCIAL FACILITY WITH A REDUCTION OF SAID SPACES. REQUIRED FOR OTHER DRIVE-THRU FACILITIES OTHER THAN EATING AND DRINKING ESTABLISHMENTS (1ST LANE; EAST SIDE): 3 SPACES BEFORE THE SERVICE WINDOW. PROPOSED: 2 SPACES BEFORE THE SERVICE WINDOW. REQUIRED FOR EATING AND DRINKING ESTABLISHMENT (2ND LANE; WEST SIDE) 8 SPACES BEFORE THE SERVICE WINDOW. PROPOSED: 7 SPACES BEFORE THE SERVICE WINDOW FOR THE PROPERTY LOCATED AT 222 S.W. 7TH STREET/201-227-231-255-299 S.W. 8TH STREET LEGALLY DESCRIBED AS "EXHIBIT .A" HERETO ATTACHED, PUBLIC RECORDS OF DADE COUNTY; ZONED C-1 RESTRICTED COMMERCIAL. THIS SPECIAL EXCEPTION WAS GRANTED WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND IT IS SUBJECT TO THE FOLLOWING CONDITIONS BY THE DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION: 1) THAT ONLY THE FOOTPRINT AND FACADES BE APPROVED, PER PLANS ON FILE FOR THIS SPECIAL EXCEPTION; 2) THAT THE APPLICANTS CONTINUE WORKING WITH THE COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT ON THE SITE PLAN; 3) THAT THE THIRTY (30) OFFSTREET PARKING SPACES THAT THE APPLICANTS HAVE PROFFERED WITH THE LONG TERM LEASE UNDER THE EXPRESSWAY FOR THEIR EMPLOYEES BE FOLLOWED THROUGH. Upon being seconded by Mr. Lorenzo Luaces, the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez and Morales Messrs. Crespo, Luaces, Barket, Carman & Moran-Ribeaux NAYES: Mr. Goldstein ALTERNATE: Mr. Tucker Gibbs. Ms. Fernandez: Motion carries 8-1 April 1, 1996 Zoning Board A Item #4 67 96- 366 Lot 18, Block 51 South, CITY OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, ss the South 10 feet thereof. Lot 19, Block 51 South, CITY OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, Igsp the South 10 feet thereof. Lot 20, Block 51 South, CITY OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 41, 4g the Public Records of Dade County, Florida, j,ega the South 10 feet thereof, j,esa the East 10 feet thereof and less the following: The external area of a circular curve having a radius of 15 feet and tangents which are 35 feet North of and parallel with the centerline of S.W. 8th Street and 35 feet nest of and parallel with the centerline of S.W. 2nd Avenue. i Lot 17, Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41 of the Public Records of Dade County, Florida. Lot 16, Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41, of of the Public Records of Dade County, Florida. Lots 11, 12, 13, 14 and 15, less the South 10 feet thereof, in Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41, of the Public Records of Dade County, Florida. i Lot 4, Block 51, CITY OP MIAMI SOUTH, Plat Book "B", Page 41, Dade County, Fia. 96- 366 ZONING BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION I move that the request on agenda item -4f= be (denied) (grantedp in that the requirements of Section 2305 (were) (were not) satisfied by relevant evidence in the record of the public hearing. a) as stated in the City's findings of fact, or as demonstrated by the petitioner, or c) on the basis of the following: ----------------------------------------------------------------- The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2305, (have) (have not) been met. Circle appropriate conditions: 1305.1 Ingresas and Egress - Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. 1305.2 Offstreet Parking and Loading Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to acceacct in case of fire or other emergency, and screening and landscaping. 1305.3 Refuse and service areas.. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored; and to the manner and timing- of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Sian and lighting. Due consideration shall be given to the number, size, character, location and orientation of proposed signs, and of proposed lighting for signs and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 96- 366 E 10 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drainag Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of natural feature@. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of pmtentially adverse, ©ffocts ganorally. In addition to consaideration of detailed elements indicated abovo, an appropriate to the particular classy or kind of special permit and the circumotancoo oi` tho particular case, due consideration shall be given to potentially advarzo effects generally on adjoining and nearby proportion, tho arsn, the neighborhood, or tho City, of the use or occupancy an proposed, or its location, construction, design, charactor, scale or manner of operation. Whore such potentially advarGa affectso area found, consideration shall be given to spacial remedial measures appropriate in tho particular circumstances of tho case, ` including screening or buffering, landscaping, control of manner or hours of operation, alteration of usa of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that they use of occupancy will be compatibles and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. Sigtsatus� / / Item 96- 366 t APPLICATION FOR SPECIAL EXCEPTION File VUNber a,tn-n c^e ty ;eneraliy, or, within certain ton-9 districts, :!r•dln St^Vcturts, uses, and/or OCCUf7anCies specified in this ordinance ire of a nature etaurr,ng soec,al and intensive rtvies to dtteretne wImether or not they should be pervitt w in specific locations, and if so, the special 11eitationi, conditions, and safegua"s .nick should be applied as reasonably necessary to proeote the gentral purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighbor9sood fide avoidable potentially a4rer°3o effetts. It is further intended that the expertise erM judge nt of the Zonirsg Ward be exercised in rating such determinations, in accord wce with the rules, considerations arM limitations rtlating to Sp*cial Exceptions. (See Article 15) Foresail public notice arsd hearing is etrul atary foe Special Exceptiont. TAo Zoning 4oarl shall ba saiQly r•vsmtibia for dtterssinations on applications for saccio1 Ex mtiana. All applications shnil ba rtzforrcd to tho dimr.gor of ilia Domrt=t of Plami", Buildi" md ZOMRg for his U4 the dirtetor shall cake my furchor r0arrols re ie5A by the%Q regulations. Harvey S. Taylor, as President of Bridgestone Investments, Inc. I, , hQ"bq apply to the City of FliMi Zanirsg board for approval of a Spgriai Excoption for prmm,;�orty locAtW. AL 201-299 S.W. 8th St. /222 S.W. 7 St aaturt of Proposed U30 (Be sp"ific) Special exCeo ,ion fc�= the reduction of reservoir spaces In support of this a"lication, the folloeinq material is suM1ttfA: 1. Two copies of 4 survey of thQ prt"rty p bY 4 State of Florida Rrgister,;� Lam Sup'e'ey�r. ,ems 2. Four co®ieS oft tM site plan shouirq (n required) pr"dirty bw4ari", existirrq (if my) VW pressed struQturo(s), paritinq, laindscaoinq etc; building elevations &-A dimcnions aM• ca utatiwn of lot area ar}d 'ou i l d i tag 3. Affidavits disclosinq vmer•ship of pro94rty c> Ore4 by Mlicaticn and disclosure of interest form (attach to Mlicatien). 4. Certified list of Owwrs of real estate within a 375•f"t radius of the outside ba;riea of property eov®r1W by the lication. S. At least tv* pfttcqraoh that shore tht @ROM PrOVIM 0QMA� te�arare• • e�+rit8). � 6. Other (Specify) �, 7. Fee of S� to a*ly toward the Gist of pramsinq: 9 5 — 366 i I Special Exception .......................... S850.00 Surcharge tonal to aoulicable fee frm ,tee &bow, lot to exceed six hundred and fifty dollars (5650) except fr'm agencies of the city; such aurtharge to be refund@d to the applicant if there is no appeal freA a property owner within three hundred and seventy-five (375) feet of the subject property. (City Codb - Section 62.61) BRIDGESTONE INVESTMENTS, INC. Signature w�> B.: Harve S. Taylor, President Co—Appli nt—Developer Andress 1815 Griffin Road, Suite 102 Dania, Florida 33004 P41oRe . 305/923-9904 I i i STATt OF FLORIDA) COUNTY OF DAG - ) Harvey S. Taylor, as President of BRIDGESTONE INVESTMENTS, INC. j� beirq duly seaorsr, deloses meal saes that he is the (Owener) (Authori jed Agent of Omer) of the real pr�rty de$criM in ans,wr to question 11 !� above; that ho has "ad the for 014 afnswom aged that the sap are tress mw co"Itte; and (if actin, as &jent for o r) that he has allttritl tna umto this petition on behalf of the owner. BRID STONE _ (19 Harvey Taylor Presi nt C pplicant—Developer SWOfi9i TO AI® SU IT l 44forg a� tAls � daj► � !"' wotar� pol ie, State of Florida at forr t � Mj Coa■ei s s i ore Expi rr>) : v�.1•��� . .� . .. :: ... � a 9� 366 5TA7E AI�-A } 'S r� :OUMTr OF-3*4 } C . BOOM ee, the undersigned authority, this day personalty appeared Harvey S. Taylor, as President of BRIDGESTONE INVESTMENTS, INC. rho being by as fiat duly swam, upon oath, 10003e3 and says: Co -Applicant -Developer 1. Tm4t he is the 00R1;%xxogxtpgc'�A�x!�!t6xq:x1tfxk"x K. submitting the accoeWyinq application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of nimi, as dascribed aW listod on the pages attached to this affidavit wd eta a p4in tharwf. 2. nat all o-om rl)ich ho mpmzcata, if c y, have givca their full and coWlete poraissica for hio to c; in ti;oir brlalf for tfto c ci—t4a or arAifica. tion of a classificeeion or rqulatien of xenial n sot amt in trio tcc *vying petition. 3. nat tfvo PeGo attar hento ad eme a pan of this affidavit contain the current nay, milirg cAdmsez, Omm nazters aW lgel descriptions for the the real proo&M of dlich 14 is tM o or lool re sentative. d. The fats as reVaented in the WoliCAUGA UW 40CUMU subeitted in conjunctio6s with this affidavit are true wwd correct. Further Affiant sayeth not. BR GESTONE .INNC• (ate) BY': Hary S. Taylor, President Sworn to and Subscribed before a- Co- pplicant-Developer this da3► 01, %„ Z "tary-oublic, State of Florida _� _.._. _..._.___......... .r 96- 366 DISCLOSURE IF :YMERSHIP 1. .tgal Itscription and street eddrass of subject -eel property: See Applicants - Warley Investments, N.V. Serge Crucke, P.O.A. Max Chan Leon Torres Arthur Ben & Irving Goldstein Coconut Grove Bank 2, ?"er(s) of subject real oroo®rty and pertentage of o%mership, Note: City of hiaei om inance No. 9419 requires disclosure of all parties navinq a financial inttrast. either direct or indirect, in the subject Batter of a pr" entation, request or petition to the City Comission. Accordingly, Question 02 rtquires disclosure oi+ snarooide n of corva rations, beneficiaries of trusts, and/or any other intertstea oartits, together rich their addresses and proportionate interest. See above 3.. Legal descriotion am street address of any real property (a) owed Dy any party listed in answer to Question 02, and (b) locate® ®ithin 375 feet of the subject real property. N/A BRIDGESTONE INVESTMENT, INC. . � ..tip _ • By: Harvey §,c' Taylor, President Co -Applicant -Developer STATE OF FLORIDA } SS: COUNTY OF -0 "1, � CZ - Harvey S . Taylor, as Pres being dully BRIDd"NesNnd ISs" &TTV"n0"Wi "4TNC. (Omer) (Attorney for ) eP tide real prey daacri@W to w~ to qtMtio" M above: that " has read the my Anvers aa4 than t" I= AM tree am cmilta: and (if acting act atormy fer ) that M has autswity to "Mte the Cisclosure of Ownership fore an b4half'of tm rBRIDGE TONE IN , ME • By: Harvey 4,/ Taylor, President Co—Appk!lcant'Developer SYORM TO An Stb85CAdJ \ 12 day of likAry malit. State of Florli a !i MY COM I SS ION EXD I M: _.... -... , 96- 366 I certify the attached is a true and correct copy of the Articles of Incorporation of BRIDGESTONE INVESTMENTS, INC., a Florida corporation, filed on October 17, 1994, as shown by the records of this office. The document number of this corporation is P94000076489. CR2E®22 (2-91) Oiben under mp hanb anb the great 1real of the *tate of 11oriba, at Tallabaiwe, the Capital, this the Eighteenth Dap of October, 1994 Tsui 'Sunit4 ,!ivecretaq of Mate 96'-r 366 F ARTICLE, OF INCORPORA TIOONN OF BRI.DGUTONE INVESTMENT' i. INC. The undersigned, acting as Incorporator of a Florida corporation under the Florida General Corporation Act, Chapter 607 of the Florida Statutes, hereby adopts the following Articles of incurporadon for such Corporation: ARTICLE I �A241E t;::..:ti,-a:::., is : n��,� ;�". �f�— �NVS.ST:/41;NTS, :NC.. ARTICLE U PR114'CIPAL0F'FICF AND MAIL[NG ADDRESS The principal office of the Corporation is 1815 Griffin Rd., Suitc 102 Dania, Florida 33004. The mailing address of the Corporadon is 1815 Griffin Rd., Suite 102 Dania, Honda 33004. ARTICLE III PIMSE The Corporation is organized for the purpose of transacting any and all lawful business for which corporations may be incorporated under the laws of the State of Florida. ARTICLE 1V CAPITAL SIOCK The Corporation is authorized to issue 7,500 Shares of One i}oiiar is i .uu) ,a; ;,due Common Stock. ARTICLE V 1TN1't' ESL REGLSTERE12 OFFICE AND AGENT NT The strcct address of the initial registered office of the Corporation is 1815 Griffin Rd., Suite 102, Dania, Florida 33004 and the name of the initial Registered Agent of the Corporation is HARVEY S. TAYLOR. 96- 366 AR71CLE V1 1,NIT1AL_ROARD OE DiM1'ORS Me Corporation shall initially have One (1) director to hold office until the first annual enacting of shareholders and successors to said director shall have been duly elected and qualified, or until the earlier resignation, removal from office, or death of said director. The number of directors may be either increased or decreased from time to time in accordance with the Bylaws of the Corporation. The name and address of the initial director of the Corporation: NAME, ADD S HARVEY s, '1"nYLOIt 1815 Griffin Rd., Suitc 102 Dania, Florida 33004 ARUCU V[1 ZK-QR PORAM The name and address of the person signing these Articles is: I NAME ADDS i HARVEY S. 'I^AYLOR 1815 Griffin Rd. , Suite 102 Dania, Morida 33004 ARTICLE VM The power to amend these Articles of Incorporation in accordance with law is reserved to the shareholders. Any right conferred upon any shareholder by these Articles of lncurporation is subject to this reservation. b 1111 .NMI EREOF, the undersigned has executed these: Articles of tncoWnation this 14%y or' tm� 94. 4i� H Y S. TffOR Page 2 of 3 Y-A STATE OF FLORIDA ? )SS: COUNTY OF BROWARI) > 1 HEREBY CERTIFY that on this day before me, an officer duly authorized in the state and county aforesaid to take acknowledgments, personally appeared HARVEY S. 'TAYLOR, who is personally known to me _ �--- -rt� '1—a— who who is described in and who executed the foregoing Articles of Incorporation, and he acknowledged before me that he executed these Articles of Incorporation. WITNUSS my hand and official scat in the county and state last aforesaid. thi, /y day Of Jec, 1994. - �t ,' G � ��• � ,,�, Name: S. OJ BLI C My Commission Expires: _ : �� ,�r�' �%� —. ACC 275720 : o 9;�• t ed . 'ji, a.�Y Fain-IM�it ;• �, \.��� -T1 � y. cn ACCEIyLANCE OF n SIGNAT1ON AS REGISTERED ` I hereby accept the appointment as the initial Registered Agent of BRIDGESTONL INVI-STMENTS, INC. as made in the foregoing Articles of Incorporation. l� DATE: J 1994 _ ARVEY S AYLOR i lPage 3 of :; 96- 366 APPLICATION FOR SPECIAL EXCEPTION File auabar .itn•'I :`e Clty I04NAlly or ,,thin Carta IM Ion ,n4 dISte Itts, *rtblm $11,4CtUPe1, 4145, Apo/or OCCUpamcits 1petifiee In trait ir41nlnCa sre Of a nature -73u1rin9 100e1al an4 int+nllre rayfeir to detar"ine aiWW Or not they should be Penlitted Iq 11aCifit - ioCattloRs. and If 10, th6. 10eelal 110itatiOA1. COWti01ti, AN 1afe9v80qf W(iI % 1houl4 be applied as PeasOnably netissary to proeote the g"aral ourvaires of this toning Ordinance, af1d, in particvlar, to protett adjoining prop4rties alb the neighboraiood fine avoidable potefitieliy adver10 WMA. It is further Intended that the expertise a.M jvdigeWt of the Yonirg (fro @a extrtited in 1rpllirtq fyCh detergihatiOAfi.. in accorlerice vith the P.m141, COAsi4er®tioAs WA limitations relatirq to SINKi$I EAC11000+3. (See Arf;icela 14) rorloal publtc n®gic® a hggPiM� 1$ etof� fog Sp�.itipi Exeeptiooe. die loninq o and shall 1i solely res Pisi®14 for detorlainations on epgliC®tWit for S01i41 Woolens. All 4cplicationa Shall be refarra to no 9ir"tor of tf,4a 0-,-04rt1=t of pIgnning. euildiq t4tj Zvinq foe M2 rV--=77.::C'N0ti0V�in t-4 the director Shell &ntti any fu tho;' F1001°rOls r liMI Ono roquiationi. Myriam de Hernandez 50% owner of WARLEX INVESTMENTS, N.V. i. a, ., harQGy • apply 9P NM' i ZOni" lard f" approtltl of a $© cial 9xGalatioa1 foe IfrQ.E:;apty 1c.j:0%J ag 201�5 w 8th Street 44ture of Propsased Use (00 a[#rcific) Special exception Co.� r th y „ reduction of reservoir spaces in iuppor4 of this COIkOticl+, tPQ fQ11cuiesq Ut®riel is as it4 : L, Two co%io% of 0 lure" of t" prmmy pmmvd by a State of Florida ...®... ao�ister� 1,•b�, 3. four tagilm Ot tM sit® ales sliefiwq (a! F"Virw) or>1 1 WftW' ^I eaittinq (if 07) lir'o"Sed sim4turet(tl). Fq. etc: Wildifq ®ler®tions ate 41amiefts W4 • C�dqUttitieft of lot `ree WW ,PuildiF4 s9�i1e • �. pffidealts d1ee1H11>� +®r9h1P of /f`epqr%h C"afw 09 awlie®tion W►! _�� disCl99ut"® of intef"lt foe,e (411,00 to G"liCetiQ"). t. CertmW list of co in ®f reel aftbto ,sithi1a r, 371.4 Pulliam of the —"~ out2id® boum4fies 41 6ro��y c,rret� S. At leUt t» 11011'that tM ant're ()CM 04 idOMIS. owts). 6. Ot"r (Soactfq) Iq 7. Sao of 1S _ to Anly tofard ttao C"t oP 9 6 _ 366 I Ti rAQ S04041 E1eeotion ....•.........•.......,,.. 100.00 Surcharge rCuel to 40011cable fea f►wa it" above. lot to exceed t,a hundred &nil fifty Qollarl (S&S0) except froe lq"cie! of the city; ltfch %wrchar®e to be ref,04e4 to the applicant if there to np appeal fM Q ® property over eithin thr" hundre0 and >leref+ty•fire ()») feet of the 9uD4e4t OMO%My, (City Cods - Sectioh 62.61) WARLEY INVESTMENTS, N.V. Signature K�� or aMyrian ernandez NNW A44j,"I 10 Ca e Florida Drive Ke Biscayne, on a tea ' STATt OF FLORIDA) ss: • C0U4Tt 00 m},,-jam de Hernandez, 50% owner of WARLEY INVESTMENT _ , peirq dviy q%MF r, domes�9 >eyyt t 6t the ►ei y{ (Owj= Author !, @4 A94MI, of OWIGr) of the Mal pr rt), descriV4 in angwor to gya%tiom e1 a oe; that he lime reed the for vaime AMIW M Wd th4t tea 9M OM MO " c leto: am (if ow"I a1 846"t for am"?) that he h0 Wavtpwity to °$� ENTSis N "IM on ARLSV. waif of the ter. () By: M iam de Hernandez S W PM TO AND SSA t betor� � this 4� i� riy Camisslw Utairwt � o• wat" polio, state of Florida at Leno 96— 366 I Attf0Avlt S'Art 1t :0410A } ! COuaTT OF WE } S•for• �, th. und•rsigm*0 Autheirity, this day pemonaiIy ADP•Ar•d Myriam de Hernandez, 50%g c1w r o WARLFY INVESTMENTS, N.V. 0 oa r 07• tint . daily war", yW e®th, 4•potst and says: 1. That Sht 19 the Q%MQr, or the 1"ai r"mientativQ of the ovaer, :ubmittiml OR accomwying tpollcAtion for a P A11c havinsg as required by Ordlnane® 11000 of tho C040 of th(B City of MI MI, Florid®, offettirq the peal ° Pmeorty 1oe804 in they City of Picni, as 40SCril CRI 11stes aa the p"es 1 Attachsa to this affidavit c,— C�MQ b "M tPaa tia. 1. that nil C-'naar'l IQ) Pao N�vmacmn, if C"Y, tovo 9ivz.a their full i and CMIM pemistian foe hia to c;L in flair ©'w-ielf for tua ci 6mle or mWifica. i %ion of a ciassificatasm er r ul®ticn of miq ba sat "t in tho otcowmyinq I petition. j, That tm pq" Attedkm hanto ad Cma a pan of this affidavit contain the CurMt, AM, e3flinq UNMIGS, OWA mMbQri 04 11n,41 deiieriptions i for the the ral ® of Aidi list Is tM omw air lop] F"Mc stative. P� , " i 4. The fWU w momented in tm Apt icatica W4 60cumts sub®itt•4 in conjunction vith this Wi®srait arl tMA ad COMM WARLEY TMENTS, N.V. ' trurthoP A,ffiasst ley•th not. By: y iamde Hernandez Sworn t0 ww Sw"Cribw before �® ::'•;v �:{i :<<F '�., this day of -if i ariat l,erya •> 'salary hAlie, State t 1 I Lr6r IVW l.J.JeZJIJ! +WMEA'S LIST rwa e,eJ6 17:61 Na.012 F,06 ;tintr s 44J" Juan Ramon Hernandez 50% owner & Myriam de Hernandez 50% owner E , N.V. 148111mg Address 10 Cape Florida Drive, Key HiGca-yLle. FIR 111_44 f 01 fghamt 4UNOOr Ltgel Oescr10tion: See Attached Exhibit "All owner, I NO" Me11tn' b4drt16 Telepwt Ovabor Le@ol 0escrlptiont Meiling A44r"S Telephone MU04F t.tgel Oescriptloa+: Any wer real tt m prove" c+oa� 1fW1e16U411y, jointly, (W werolly (by corgentle++, pertfleMMO or prlvetety) witoin in felt of tm suwsct site is listed as fall*": Strut Addy I 700 S.W. 2nd Avenue Streyt A dMi Le,41 Ustrlptiso Blo k CITY 0 1 n IfBff Pa a 41 Dade Country L"et prt�6rlp@4�1 Le"I 1 Cr1p4 4% n nr• 0nn 015CLOSQ11 Of :aNt1SHI► 1. .r;&I 9e1criot'on and strut address of 1141ject Pets property: See Attached Exhibit "A11 2. arner(s) of lubjtct pall proeyrty d+Q osrcenteg' of oanamh(O. Notes city of 414mi 7rainamce No. 9419 requires d11t10ture of 411 oarttes havlFq a f1ruKlel Interest. either direct or indtr9et, to the tub,)ect e4tter of A or""tWon, 'a"uest or 9etitton to the City Coow11t1o". Accormtnyly, queAtiom #I r"vi ree disclosure 04 1Aerw(ojdere of corvorattons, beneficiaries of trusts, "/or spy other +nteralted parties, together pith their addresses v4 Aro""ionate tntereot, Juan Hernandez 50% owner & Myriam ae Hernandez 50% owner of WARLEY INVESTMENTS, N.V. 3. Legal dtacriotion sins street address of wy reel broeierty (a) owe by arr Party t+stt4 in alsver to Question #a. sA N located within 37S fm of tho 10joct Peal orotrorty. Lots 1 and 2, Block 51 South, City of Miami, according to the Plat thereof, as recorded in Plat nook "B" Page 41, of the Public Records of bade County, Florida. WARLEY INVES ' &N,1'S, N.V, owe Do ffmol .F" 0MA By: yriam de Hernandez Start Or FLORIDA ) SSs COON" Or Um Myriam de Hernandez, 50% owner of WARLE'�Ij�y 't T t f the bslal� dilly t�r4t, ��im (o (Aetorl for Oar) of tAo roes progeny areeriDoA is ovftw tosti®as at, Vie; that M ha$ r thQ fWVpiF4 aMVIRM WA t"t the 'M aro tM WW tMIote: and (if actiq ea atteerm fff ) thet he No sut ity to exoWls tm Disclosar, of 0014mmo fen an bamlfof the WW. WARLEY INVES NTS, N.V. (S6Ab) BY: Myriam de Hernandez 5VOM TO An SUISCRI before this day of ;. r1eP/d` `t lea ' - eotvv7y Wit, Slits e{ h`i c>a�11SS1a1 Wii'Et3t. ��:';`'• . 95_ ��4441<44 . 366 APP(LCariCN FOR SPEC�A� EXCEPTiu,`# r+t�I ;`t pity yr�ryrelly, ;r Y ^•4 difiri,;1, :t�;t.n 6tr•Nct�raS, �sa3, ar,d;ur ,cca:�nc��s: sotCti`4d to t9,3 9^Ct�inCf are of a nat,e'4 tVn3lvi rtvtt,i tC CtttMirt+ ,fiatt•sr or ^at t" , 7hCv bx ��;;;ltteci 1n fostrf+C 1�tatranr, trnt �f �9, the �Na� al ��r;ttae�X;i• Co+`dltt®nt, end lift9uA^C3 r!11G,y iT�:,�l� �¢ .t;N9';� bdr{r.,';,r�:k1r '+xt'eil�ery tC M r_t►uta t" f ,trK`<a i i nir6l c.^, of tcl :,;y r jtniJ+Cf, srd, to Y a pirt�Cvldr, to a cce;t �� n�nzq �rowt,e{�� ��S tr.a r,$i$h5oril lwi ara+deDle ��ts,'�t',>:19y i;�:�•as s�'t�;r• iK is further 'ntlndW tMdt G'1� Vt.;�4i'0�3$ i;�.��'(`�"=:,:;•�Z �?' tr°� 2R`19t4� �4t� bti txoWsO in eakini Ie-1h with th# j rvlas, cc;�sideb�tio,;i 'n;� 9 a:t+;e';•,-y r.'S ,-q to S6%*,�ial Excoationa. Sat �trttct� 6!ij raraal p•abtio notict Q1 A 4r'rq 43 for SWia) £,c:fptiont. nt ;off it'=1 is: , s ;' ii l �0 n!'Tl ' ralPonyibla for C/tstr91n1tipn8 Gct a;;',tGaiir�a,t f;+r' :1; :it;? CzCt;Siws' All a0pl icstiorisi 1h411 Aq 'Qf+aY?`srC to tr14 of t.`ra i of PIvorl, kiidi'-'j 4 Z'mi�:� for h�L �'�;;:,�° Ctfia�� a tht dirictor i".all eoo z'iy fvrOv r"�wr:`af& r. uir by thtle � r�ufat9cnl?. JU��ri ;2 • Hezn anG*'.z C•1 Y'F.'Pito vi-t RLEY ;�':V ST:• ENTSr N V. f'Y1City of Wmni Zoning twl for i icGvtl of 4 ;eKqt DCep4i;x,ur Pn.r,=`tip ih�;04tc� t<i;?.,}h,r-o4t Hlturt of Prcxlk JIQ (114 15nniYic) i rec�ucf~zon o� ze.3�zvca.:� s,�,ce:� f j I,m support of thi>l t�tic�;iorr, t?!� icrtl+"ai;,:n c ;tt�i8t is wtaitt" i 1wo coditj of 6. 3at" 4f t<<3. jli"i�;>'rti its`;'+ by i statt of flotid4 i A'yi�t#ram t.&�A Skt-vci:�r, . ..,.,•_...,, �. l�o+ur C�.if� C;s .,,� �i�8 D1:;. 5�::�r�,� ,,.K r�1�i Qr0"11 Y cfiaia+s o4 lot srti are! �+ittt+►,� :i��,. 3• Affidavits Oit%%11 c;Gz+4�•shi 4f �:i^cr;r;r$y cq�arwd iry t licatio+t anal disclosuro of in'4rfclt 4r;4 #. Cirtifio iist of '41mi,'I of fdal P"k r rkiw of N outsidt "arlo pf: S. At 1144% 1,14 0ut:jr�i''1 _t s,''+rs � +� �t i+'� ; r'ty {lat'►! to 10.0t,"t- • 4 7 f&A �/ i t1� I4M'.`_i'� t .J. �i•u� C:,a �i G� pY1'�lXi i'!�: i:.,�.•.� 96— 366 j I SGtcitl E�teat�on ., Sb5O. t1,0 15GYv, ( '+6L :Q 9XGt'� s'X hyil4r+n9 dPQ f1'ty d011�r3 i1;5sQ} i t�t�4t frc� t g:,�1pg of trt :f ty; 1,40 Wr�Tor9t to Ct rlfurCsi to t. as !,L;.,,t I tnQr't is no 3pGtQ1 !r•;;�� 8 o�•�a•�r;y :•�r:':4r atll;trt t,hr'wt �u"drvd and sty&-,ty-lift !3;1S} ra;tt of tP,o m44Ct Ar004r4y, (t�tjr C.3db Sat¢'cn 6ti-�1� i � Ci�i:•1•qu� ,T, / �iZ`LI 'Y,L •f.'�. fy�-f.: �L�C�(.L!_/.;C• : ;ar ar A4tMrt; )k�R-),. Z;Y INVESTME'NTS, N.V. ram' FlOvi. a PriVe, Key Bivcayr.e 5'ATC OF FLORIDA) C4VMTY 0r� 040C ) Juan d0y'srCrrn dot; tM $acs that h4 i$ tht (fir.'+ (/,titt�crss�d ag�+L: a4 �'`5�°}. of t,�v r;;R9 ;;•;,�.:i� ty d�trj� iti �Sa�P t0 Qu�;3t�O�1 dl abaft; %hot hq has rtA tl4t V4 s &M4 trt trltt c'M911ts; V4 (if wir+f As §qvt ! !et;4l-.:rtty to exmto this P40V v1 On b041f of thq N'04'. rtl,i~L X xNV�/S�C�FN�,i N.V, .(i`;,) -':;y" uan )�. Hez'nandez , S+tOm TO A4 SuW9,40 , h4fa" w this d Gf c t4lio, Suto of FIQHda at Wit My Ceti s a i *A U p i r d: ; :: CLGA MCUF.E WY COMMISMS10 CC MM - � EMIES'. Much 20, 190 %�pdk Bond Trau t*tarY WICb I nd•twftra .w . g5-- 366 S"A ICA SS dAY W-sond I I po4 4rt-I t.Tuan R. Hernardez, N.V. '11'.0 L'it-f tj 0 i.,Mfft Wy %*0m, IJDOA oath, IsP4143 and says: .0pr4l wlt4ti v of the ower't it 1fat hl is 01*% qw.0 Env r s0mittiq t.Nt as rt1wiro t,y Or-Jimoct 1104C tho f-tal ;rltq4rty locit*4 in %ts City of Ili llfe,l at tA jiit4'4 Qln the ;4141$ itt4chqd to this 41`fidm6vil w4l: V-44"t t 9, '�At all tJ: m;-.— wnts' if h4,v9 gill thill, N11 vj cNvIlts ;,smijsiQl foe h A t*'Oi-tin 11"c' r Nr tho 0"4 or 004ificl' bolt of I C14$31f!cWjm ;r r�llvl WWI 0 vA"r-q az set Cut In tAq 44co"Ying 3. Tbal LN �A part of "it 4ffidavit WA foe Of tho rJ41 or'*" Uam,'. 0"' �-r iW &I IN t4lk" 4. Th4 f4ct4 N Ig *4 4ocumwti z4Wtt*d F. Y I !q v S'r Yj E N T S N v elc r n arn d r,- Sworn to V4 S�urit*4 t-11161"t rn ,this dq of OLGA Mr. 'E hW(Y BW40d wmmlmsssm # 2ew W"ES' Mfirch 20,1997 Thm hotry hxbk wdwft, W9A-44—Nb Fk. St4t9 Of F 1 .4 414'. C27 96- 366 :aNER'S t:ST ".ner i m&** Juan Ramon Hernandez & Myriam de Hernandez of Warley Investment N. 11e11inq Address 10 Cape Florida Drive, Key Biscayne, Fla. 33149 'eloohone Number Legal Description: See Attached Exhibit "A" Owner's Now Mailing Address Telephone Nu*er Legal pescriptioe: Omer' s 4480 Nailing Address Telephone Nu W Legal Oescri®tioa: Any other reel ast&te p irAiriftelly, jointly, or severally (by corporation, ptrtnenhip or privately) within in feat of tm srawm site is listed ass follows: Street Address Logo) ftscripti= -700 S.W. 2nc3 Bran„p Lots 1 and 2, Block 51, City of Miami South, Miami, Florida Plat Book "B", Page 41, Dade County Street Address Legal �scri�ti+ Street Address Leal O"CriPtioos 96-- 366 DISCLOSVor: Of OYkIFSHIP 1, 'ltpel ducriptiyn Brad street eddrtil of subject reel property: see attached exhibit "A" Z. OvnerW of 3ubjtct real propgrtr e1`14 per-wtepe of owfrship. rote; City of KiA*i Orbinance No. 9419 rtcuirss disCtotury of efi partist hating a financial int4rtlt, either direct or ik ir"t, in the subject wstter of • presentation, request 01, W itlon td tht City CP=itston. Accor4ingiy, qusttion 02 t'ogvires disclotbrs v`i 1h0ehold4rJ of co►poratlons, b"efieia+riet of trusts, W/or 4roy oth4r interettirl porties, tpgethIr vith their e4011SA; end proportiostate intent&. Juan Ramon Hernandez 50% ownership Myriam de Hernandez 50% ownership of Warley Investments, N.V. 3. logsl deseriptim wq atr*vt addrett of 4ny rre{ pmp4rtr (a) 0"%4 by 4py p4riy listed in $A$Wor to Qumstiarr 02, and (b) located Withi" 9r3 Not of the su�jw ' rtal pro4arty, ' Lots 1 and 2, Block 51, City of Miami South, according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Dade County Florida. o r ca 04 $TAT E or• FLORIDA } S3: MINTY OF Gad } JUAN R . HERNANDEZ , Wrof MY SWOM, d"41 and soya that he is the ,!foes$ Print (Qwase (Attarv* for per) of the r�a1 f ray do 4riW in ant"r to question $1 ab"o� shot he has Mad tiro for "Ing onswrs W4 that the )ts,a ore tM4 *M 08090 WA (if actir►d sir attWay for wryer) tMt N hil -' a'athority t4 ezecvto the disctaevft of % A*"hip fore on t04lf of %M oar, , r Si4nattart cf a •r SVO" N An StlbSGA]AtD before this day of 24�t Notary MI R, State of Florid& as Larlt by 0M I S S I Oai EXP 1 FtS : MAR!/, k. t,aRRFA Notary Pub%. State of Honda MY Comm. espims J_{v 30. 1SO No. CC4571, 3 Bonded TNu 6•': tir._i ?�`aier; �rThl(r r• f;OO1723-Ci2f i 1 4 i l .i Lot 18, Block 51 South, CITY OF MUMI, according to the Plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, less the South 10 feet thereof. Lot 19, Block 51 South, CITY OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida, es!� the South 10 feet thereof. Lot 20, Block 51 South, CITY Or MIAMI, according to the Plat thereof, recorded 'in Plat Book B, Page 41, oY the Public Records of Dade County, Florida, 2es;Z the South 10 feet thereof, j es_* the East 10 feet thereof and less the following: The external area of a circular curve having a radius of. 15 feet and tangents which are 35 feet North of and parallel with the centerline of S.W. 8th Street and 35 feet West of and parallel with the centerline of S.W. 2nd Avenue. ' rww..nrm.wrr+s J � i ' I .I I i 96- 366 i ; SEP- to-9S WED 11 : 2? , P 0 1 THIS AMENOMENT;ND 1 (" Arnondment No. 1") entfred Into effective the Qth day of September, 1095, by and between VRIDGESTONE INVE$TMENTS,INC. ("Purchasor") andW( RLtY.INVIrsT EM ("Seller"), • MEREAS, Pprchaspr and Seller entered into a certain Agroarnent of Sale and Purchase of active May 01 199a (the "Contract") fbr tha purchat�e and aale of the property dascrlbed' in gL61, .j '2 a'ached hereto {the "Property"); end WHEREAS, Me partlas wish to amend certain proyislons of 0* Contract aS horainafter set forth, NOW, THEREFORE, in CUrisidemllon of Ten Dollars ($10100) and otlre;r good en j. v,plunble considora,tlon� re"Ipt a►4 sufficiant of vibiO Is hereby eck�cWodged, the P.ar�ias' grata .ae iotl�w,a; t. The foregolnq roojtals ore represented by the parties to be True grid corTOOt end incprporated herein by referepo end mado a pert heravt. - Z Paragraph 2,02 of the Contract is hereby amended to delete ,therefrom "T%vanty Five Thousand Dollars ($Z5,000-dO)" and substitute' in its place; `Forty Thousand Do(iira ($46,006"®0)"; 3. The Seller scknowiedgas that upon receipt of ft sum of Ton ThoVasnd DQUaM (�10,000,00) representing thi actdlil ilal depoQit under th® GonEract pursuant to l era ropf� 6.R6,;�olther i thle origlhal Ten Thousand Do lam ($10,000100) pspoolt nor this edditlonal vsit of Ton "l}MpuarjAd ! Dollars (310,000.00) ahell bo'at'riok if Purahat6i elects to tomlilicite tho ContrW �Pripr to 00to The total deposits shall be non—refundable & usable as of 10/6/95. d, The Closing date get forlh in Paragraph 4.01 of the Contract Is hereby amended tv,bo "0 i or before March 15, 1590". 6. Except As amended heroin Ail other arms and condltlons of the Contract shalt rernaln in full force and affacL • IN WITNFESS VVHM� OF, the parties have executed thit Amotldment No. I No, 1 the day ohd year flr5t above written. Signed In the presence ot: BRIDOESTON� INVESTMENTS, iNO. Witness Printed Name V,AtRAss Printed Name k\950146\000`INWbr)eyadd,h29 ey Title: data: 3/ 96- 366 .._._--- ----------------------===...��..__.�---------- S--19,5 FR I 1 al R 03 1 WARLEY 1 ,9TMtNTGr Witness 7A}a►7ie: �v .� Pnntod Name .......�. _ Trtle: ,y.--...... t'NIS,AM�N�� r a,1 Coarrgondmer�t >vo. 1") 0r)WOd Ir t'PCCOV0 the;6t>? dgy. Of $Wetnbert 1095, by 0110 bdtrvet'r' SGSST. Nr.1NYWM�NTS, INP, CPU gat) and ltviri~��+My$ I WHEWS, NO r and ScIlCr We* into 0. Co;Oa+ln A3! Olwmj of Sale 00 P!1 OC 0 Offe►t A May 4, 1905 ;(ti!® "Gontreot�or tt.b purchaa:a end' a©IA of the prop�tty desaitd .1 tbj, { hptN(O�thd PPopert�f")!!•1�� f , !"MCREA9, th6 wish to amend 06ria;n prov1s1Qn9 of do ContreCt 5s hpralftafle� Im topsldet-Vat .ot Tem 0ollare (310,00) awd otW �o AnQ volug, W, . WCdifVon' re"Ipt and ¢u i9nt 9f wt►Ich to hereby ec vvrledgod, �e art `b�reo; i4 f po�t4; 4. Tho 1v �;,1n*q rml�. I* Firo reprosonlod ,by the paft►e-s to. ba a SW op�•0cl, end. it "r4lied h0*4 by rafehe�� Ono mid® 6 purl h , r r 2'. paragraph ?:02 of the Contract Is hereby omcndod IQ delete Jhsroftorq 11T�4nty Ova. 1*nW0hd 0911ars ($25,000,00)" tod svWitute In Ite plMl'-ToO ThotiMM'DQiik ($40,66O;Ob)`: S, 1110 Seer that upon teco'pt pf " ®vm of T#n If,oua O ns ns. 410,000,00) representiog lb e 1000al deposh under the �rt2r>sct PvtSVer►t to. a;�tt t 6,06,"t}�►#h� Ihq orl4IM4l Yen Tho0and Plats ($10,000.00i. b(,poell 60 thls vad ionml, 04It of Teii ;ihoYesigd } t?p�lactz (�#o,GaO•bpj �h�,►I b#�,at r+ok If F'utctre�dr U to 1 4, "ne Glpeing' i2t9 jol forth to paragraph 4.01 Qf the Core iq hqp eby err),andel W 0 60A. Pr Wore March 15, Igo", 1 4. Except ds vpended, here'n.ell othor tons end oprdtions Qf thb �,00jrbQt romoln, In, i s evil torcQ and eN�ct, � ' IN WITNESS WHER( o the parties hayq ewi tad this Amondment No. No. i �hra daly od yeast tit9t ohiyv� �VPI!len, . } S)OKcd in the pe8lme of- To -t,k INv� : .AI ....11 D i ' r+�.... r• 41 Printed N©me Z • '' Printed Name k`;►; C14 G10Q011Yyart4:Ytidd,h �'' �3 ss- 36F uC.Vur11tN I TEL �-,.3059230118 Cat DDEAH tOZO. 00. _------------------------------- Oct N,95 17si9 No.01.i P.02 SOS' -ps P. elm i CYO• ��►4+L' TN1.� , 16!09 . AMtNDM�f�'� P . 0 1 � Y�ifS AM�N�M�t�Y�°Amandrne•nt"� � m.a�� �hd entered Into this �, dsy Of �ota��r, .t�9.�� �yy end b�lw�r� �iD,� 1'QN� 11�Y s`tNi i`t �, tH�,, f►, iond� 40rpatat�ott { Pur ►R�t"�.andlrlM�RI� Y. PvrOas r and �oslof ente�td Wo,0 04r xn AgWftnent ot.S®'•.s1 end P ..r hm, PF, vtfve Mdy 9, t8P6 �b modlred ayrn�txJrnnt N. �,daft�d'S�plembor ti`t.�Q95.(esiljs�thr�9y, t AC+1o� r� :1�r.' !h� pAhAkO 4j rr�plp of the►propi�ty d�9cn'bed i� t{�ohQd her�tp $i � � ebpf> `;)' . WHEREAS, the p;dl, 5 wtsh to pwv,'Alorq � tho Qomt ot,D.s weihPRv,;0 earth,, Nd1�,: F2ibt✓�r : !r► eonsldrr�tion 01 Tpr Oollsm and otho gad tend WV61s.. r�f�.9�d.Etdt�On, r�c�►pt and 3� fc�9nt��t wh!0 11 f,arsby' pr�t4e�lodg�d, the p Ior ,a �r�g �l� $a� ; r � Tj)l twg6;q reaulis ore roprPW.W .by ihp partie8 to bi t�'o And Gorto'L and, ir,+.corprratpd. >1�rom by t�er��^C� �i�.madt� p pad fi�r,ect, 11 °fht Oplrot;cn 9l (ha Sn6p6®ffarti,pQrfar pot t00 in pa�bv6p.N 0.01 of, tho opntrbo4 i4,, ,hereby exlen�ed t0 �:�p p.m{, �ta�dr ��, 19A5, R• , i 3r C��pS es vv"Wd S)erolN 011 O,hur tCrt3 Ano Condtf;om� 4t,t .D pot Qt 6'1'p tl In In. Mull form and of o'Qt, r ,�� 1N I�li'N�9� i�N�.�E?qi�, the p�rEfeta I°d�'� �u�cutc� tfi!� �hi�'rtdmt;n�,lh�,��y bid y6�t��iratt,f�bOv� ; w�I,tan, 8 s;gned In the pr ; DRIDOEMNE INV M-NM INO I . •fir / �/�,� `� `� � ,r �� �: ►% ;Printf�� �.� .�.�`���' ,.Two" • P , ., . i Prfnt'o am��� WAR tz� vt:siME Ito g, ' I�Yitn�9� i Name- PrW#4 NPR+,Iva Awl- ,.,;...— 1 4 1 t I 1 I 96— 366 Certificate nr. 1 For 60 shares numbered 1 through 60 inclusive. WARLEY INVESTMENTS N.V. established in Curacao, Netherlands Antilles. Incorporated June 19, 1985 Certificate of No -objection dated June 18, 1985 number 1581/N.V. Authorized Capital Stock US$30,000.00 divided into 300 shares of US$100.00 par value each. T h i s i s t o c e r t i f y t h a t MR. JUAN RAMON HERNANDEZ and MRS. MYRIAM DE HERNANDEZ are registered owners of 100 shares numbered 1 through 100 inclusive in the Capital Stock of WARLEY INVESTMENTS N.V. Issued in Curacao On May.. By _ Managing CORPORATE AGENTS N.V. A. Hallev une jlrry C ?,w! Luciu_Managing Director. tz 71 / '0" .s . �A the mnntfon Management Cwnp11-y 6954 N.W. 12 STREET, MIAM1, FLORIDA 33126 305-477-9149 • 800-287-4799 • FAX 305-477-7526 FC 017 ••• • 1 G 1 N If r ` • f0 :2 A_ c�F- Lvt[_N7 OF snyE AND pURC�In�^ THIS AGRCcMENT is made and entorad into by and tu:tween t3RIQGESTONE INVESTMENTS,. INC., a Florida corp-oration and/or asslrins (hereinafter referred to as "purchase►") and WARLEY .. { i r INVESl'Ml NTS (horeinakQr referred to au WV! jN f S•FTH: 1' WHEREAS, Seller I5 the owner of n certain p<7rcol of rant prnpnrty (thn "Proprrfy") Ioc�,taq in, bade it County, Stato of Florida, and being more � ortic v!.,rty des.•nritMd on Exh(htt "A"•BttaU�rd horelo nhd made e part horeof,hy rarerenoo containing approximately twenty thouuand(20,000). square feet. ' WHEREAS, Purchaser is de0ous of purchnsIng the Property, subject to the conditions tind other AgreemenE, h€!relnaftor set. forth, and Seller Is ngwable to such Bale and to such condaipt>a and,' : • 'I sgr6ements: .L ++ NOW, THEREFORE, for and In connider�ition of tho prorn;r^S rind thfr rc►�twetive under(?klnegs of the parties herolnafter set forth, tho reoelpt and sufticlency of whi�,h aro:hereby eckno�utedged, It is agreed i { as foliolwo; (, �F2E=EMEN1; i. 1.Q1 In consldcratlon of the purehasr; prim and upon the terms and conditfonS h13Teih,11`t0r �pt forth, Scifr:r shall sell to Purchaser and Purchaser shall purchase from Seller the property, • i whfeh hrorerty shall include, eollectivgly, as applicable, the fullowinrd' (1) rill improvem'Ints locstedon the , Property Ind all easomonts, rights -of -way, tenements, herodltnmenls ,tulle. �s a urtonanoci�; rS, ht5" '' r`Y 5 Y� � of rave rt'er, o6riltudes And other rirghts, belonging themto or inurimp to the bonefit of tho Seller with'eeoect : to the Property, (I) nil licenses, permits, (ranchirAs, Impact fees, and utility C t,aClty' r?nervation foes, NsOod' or colh5cttd by any Fedr3ral, Stat© or Munlclpal authority rPlaling to the dr�vrloprrn, nt, Elsa, mafnten3na2 or occajptlon of the Property, issued or running to or In favor of Seiler to tho'exlent that cer pre os3lvrwl-le by the Collor, and (lii) all engineer(ng pinny, r,i e developmr-tnt plans, sol('to5tg, ; ' aurveys'ond q, F ecifi,ations, 1t any, regarding thr, Property which are In tho pos. ession of Seller'iA (ii0 time. • I i of ox^,�,utlon of this Agreement. II, CHA -,F {'RIGE AN_f�EAttNFS7 MgNC� i The purchw a pdcA (the °Purchnso Price") for tho Property shall 'he LIGHT . HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($850,000 00) p.iyabl6 In the manner, 0t,forth In.*, �{ Article'fil.herein bcicw, i• ,t Eurnoot Mority of TEN THOUSANO AND 00110Q DOUARS ($10,000-M) will bo deposited , `. in oscr w with Tdop, Scott, onkUn &Smith (the `Eacrrrw Ag►.nt") withiri flyt (5). banking days Of. Purchaser's re^elpt oi' a fully oxeculed copy of this Agreement. 9 011 If Purchaserolect; to proceed with ih?! iran"clion c�ont!!mplated,by this Adr"mrsnt, after the axpirat',on 01 tho tnspoctfoh Per)od reTP('nCAd in Artic►o VI h?reof, Purchaser shall,dpasit an; , addillO'nal 1V1:NTY FIVE `f110USAN0 AND OOf100 DOLIARS (525 OOfj,Ob) with Escrow Agdrit, I � A4 usr,d elsevvheri in thl6 Ag`eement, the terms "Escrow Car f 09it,� °Earn t Money' and "reponit' ahsil Include the orl4?in rl Escrow Monoy 8nd t� ad�itlorSnl rlapos�i to thi'`oxtent the same has tree kposited wit crowL. *, Agent. ��5 0 c,�- .4 Escrow Aq�!nt Is authori7ad and narees to proMptly deooslt the E%. row Deposit, 96 w- 3:6 6 in an interesf'6earing account with all interest thereon accruing to Purchaser's benefit. Escrow Agent shall hold and disburse the Escrow Deposit as well as any other funds which may be delivered to it pursuant to this Agreement or subsequent agreement of the parties, in accordance with the terms and conditions of this Agreement or any subsequent agreement. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent may In Its sole discretion continue to hold the Escrow Deposit until the parties mutually agree to disbursement thereof, or until a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Dade County, Florida, and, upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully terminate. In the event of any suit between Purchaser and Seller wherein Escrow Agent is made a party by virtue of acting as such hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, Escrow Agent shall be entitled to recover reasonable attorneys' fees, paralegal charges and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party (notwithstanding that Escrow Agent may represent itself in such proceeding). All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for misdelivery to Purchaser or Seller of money subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or gross negligence on the part of Escrow Agent. Seller acknowledges that the Escrow Agent acts In the capacity of counsel to Purchaser and waives any objection that it may have with regard to its acting In either capacity. 2.06 A copy of all letters delivered or mailed by the Purchaser or Seller to the Escrow Agent pursuant to this Agreement shall be sent or delivered simultaneously to the other party to this Agreement. Ill. PAYMENT OF PURCHASE PRICE 3.01 The Purchase Price shall be payable as follows: 3.011 All cash or by wire transfer subject to prorations, adjustments and credit for the Escrow Deposit and all interest earned thereon at the Closing. IV. CLOSING 4.01 The Closing of the transaction contemplated herein shall be held not later than sixty (60) days after the expiration of the Inspection Period (the "Closing Date" or the "Closing") unless extended by mutual agreement of the parties hereto. The Closing shall be held at the offices of Tripp, Scott, Conklin & Smith, 110 Southeast Sixth Street, 110 Tower, Twenty -Eighth Floor, Fort Lauddrdale, Florida, 33301, or at such other (oration as may be acceptable to both parties. The procedure to be followed by the parties in connection with the Closing shall be as follows: 4.01.1 At the Closing, the Seller shall cause to be delivered to the Purchaser the Items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 4.01.1.1 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions as may be approved by Purchaser after its title examination. 4.01.1.2 Mechanics' Lien and Possession Affidavit. 96- 366 1 F 4.01.1.3 Assignment without recourse of all developers agreements, permits, plans and specifications, if any, for the development of the Property. 4.01.1.4 Sufficient funds from the sale proceeds paid by Purchaser 1 to pay any valid monetary liens against the Property. 4.01.1.5 Combined Purchaser -Seller closing statement. 4.01.1.6 A "non -foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 4.01.1.7 Such instruments as may be required by the title insurance underwriter in order to insure the "grip" and issue the policy contemplated by the title insurance commitment. 4.01.2 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: I _ 4.01.2.1 Funds payable to the Seller representing the cash payment due in accordance with Article Ili hereof, subject to adjustment for prorations as hereinafter set forth. 4.01.2.2 Combined Purchaser -Seller closing statement. 4.02 Each pnrly shall be responsible for payment of their own attorneys' fees. Seller, I at Its sole cost and expense, shall pay at Closing all documentary stamp taxes and surtax due relating to I the recording of the Warranty Deed, the cost of recording any instruments necessary to clear Seller's title to the Property and the cost of the abstmr.t of title provided for in Section 5.01.1 below. Purchaser shall j pay for the cost of recording the Warranty Deed, title premium and examination costs, all costs associated with its inspections, and any other closing cost not attributable to Seller hereunder. j V. REQUIREMENTS AND CONDITIONS 5.01 Upon execution of this Agreement or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: , 5.01.1 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser a copy of its existing Owner's Title Insurance Policy plus ATIDS computer update. Purchaser shall have until the expiration of the Inspection Period to examine same. if title is found to be defective, Purchaser shall, within said period, notify the Seller in writing, specifying the defects that render title unmarketable. Should Purchaser fail to advise Seller of such objections in Seller's title { in the manner herein required by this Agreement, the title shall be deemed accepted. Upon notification of Prrrch?ser's objections to title, Seller shall have thirty (30) clays to make title marketable, except for liens ! for monetary obligations which will be satisfied at Closing. Seller shall use its good faith efforts to make title marketable, but shall not be required to bring any lawsuits or to expend more than $5,000.00 (in the aggregate) to cure title defects. In the event Seller is unable to cure said objections within said time period or same cannot be cured for less than S5,000.00 or without bringing a lawsuit, at the option of Purchaser, by written notice given to Seller within ten (10) days after the expiration of said thirty (30) day period: (i) Purchaser may terminate this Agreement, in which event, the Escrow Deposit, together with any Interest earned thereon shall be returned to Purchaser and thereupon both parties shall be released from all liabilities and obligations hereunder; or (ii) Purchaser may accept title as it then Is, waiving the objection, 3 :31 96- 366 } and Purchaser shall close on the Property and the Warranty Deed to Purchaser shall be subject to all matters approved by Purchaser after its title examination. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed that Purchaser has elected subparagraph (ii) of this Section 5,01, 5.01.2 During the Inspection Period, Purchaser, at its expense, may obtain an accurate and current survey of the Property, by a surveyor licensed in the State of Florida. In the event that the survey shows any encroachments, strips, gores or any portion of the Property noncontiguous to any other portion of the Property, Purchaser shall give written notice of such defect to Seller, In which event said defect shall be governed In the same manner and time as objections to the condition of title are dealt with in Paragraph 5.01 and the parties shall have the same rights, privileges and obligations as if the defect so specified was a defect in the condition of title which was discovered by examination of the title insurance commitment required by Paragraph 5.01 of this Agreement. The survey shall be certified to the Purchaser and the title insurance company, and meet the minimum requirements currently in effect as adopted by the Florida Land Title Association and as currently adopted by the American Land Title j Association and the American Congress of Surveying and Mapping and the Florida Society of Professional Land Surveyors. _ 5.01.3 Within ten (10) days after the date hereof, Seller shall deliver to Purchaser for its review, copies of all plans, surveys, engineering reports, If any, relating to the Property which are in the possession or control of Seller. VI. INSPECTION PERIOD 6.01 Purchaser shall have one hundred twenty (120) days from the date hereof ("Inspection Period") to determine to Purchaser's satisfaction that: 6.01.1 Soil tests and enrtinepring studies indicate that the Project, defined as a retail center (the "Project"), can be constructed on the Property without any abnormal demucking, soil stabilization or foundations. j f 6,01,2 Adequate water, sewer, electric and other utilities are available at the property line. i 6.01.3 There are no abnormal drainage or environmental requirements for the development of the Project. i 6,01.4 All necessary curb cuts are available. 6,01_5 Current zoning allows the construction of the Project and that no further platting of the Property is required. j 6.01.6 All necessary permits for the construction of the Project can be obtained without i unreasonable delay or expense. 6.01.7 Construction of the Project wiii not violate any federal or state environmental protection statutes or regulations including without limitation the following: Clean Air Act, Federal Water Pollution Control Act, National Environmental Policy Act, Regulations of the Environmental Protection Agency, and Chapters 373, 380 and 403 of the Florida Statutes. 6.01.6 Construction of the Project will not violate any existing, pending or threatened ruler, regulations, citations, ordinances, orders or statutes of any government or municipal authority. AA 4 96- 366 6,01.9 The Project is feasible in Purchaser's sole and absolute discretion. 6.02 if Purchaser is not satisfied with the results of such investigations, it shall have delivered to Seller within twenty-four (24) hours after the expiration of the Inspection Period, written notice of Its intention to terminate this Agreement. It Purchaser terminates this Agreement, the Escrow Deposit, together with any interest earned thereon shall be returned to Purchaser and thereupon both parties shall be released from all liabilities and obligations hereunder. If Purchaser fails to notify Seller in writing of its dissatisfaction as provided herein, it shall be deemed that Purchaser is satisfied with the results of its inspections and the contingencies of this Article VI shall be deemed waived. If Purchaser elects to proceed to Closing, Purchaser shall deposit the additional deposit set forth in Paragraph 2.03 with Escrow Agent. 603 Purchaser and its agents, employees and servants shall, at their sole risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analysis, soil borings and all other necessary testing. Purchaser shall, in performing such tests use due care and shall indemnify Seller on account of any liability, claims, loss, damages, costs and expensas occasioned thereby (including, without limitation, attorneys' fees and costs). The provisions of this paragraph shall survive closing and any termination of this Agreement notwithstanding anything herein to the contrary. 6.04 Seller will cooperate and assist Purchaser, at no cost to Seller, In obtaining the building and other development permits and approvals required by Purchaser, and will execute all documents reasonably required therefor upon request by Purchaser. 6.05 The Inspection Period shall be extended one (1) day for each day elapsing after the date Seller was to deliver to Purchaser any material required hereunder (e.g., prior title policy or existing survey). 6.06 Purchaser shall have the right to extend the Inspection Period for thirty (30) days upon written notice to Seller on or before the expiration of the initial Inspection Period and delivery to the Escrow Agent of an additional deposit of TEN THOUSAND and 00/100 (310,000.00) DOLLARS, which additional deposits, but not the original deposit, shall be non-refundable even if Purchaser terminates this Agreement before the extended Inspection Period. 6.07 Purchaser has previously reviewed and considered the nature of this transaction and the Inspection Period will enable Purchaser to thoroughly investigate the Property and all aspects of the transaction. In electing to proceed with this transaction, Purchaser shall have determined that the Property is satisfactory to Purchaser in all respects and i:, purchasing the Pronf�rty in "as is" condition. Purchaser has and will rely solely on Purch iser's own independent investigations and inspections, and Purchaser has not relied and will not rely on any representation of Seller other than as expressly set forth in this Agreement (and provided that Purchaser understands and agrees that none of the representations of Seller shall survive the Closing nor are intended to be relied upon by Purchaser after Closing). Purchaser further acknowledges and agrees that, except for the specific representations made by Seller in this Agreement, Seller has made no representations, Is not willing to make any representations, nor held out any inducements to Purchaser; and Seller Is not and shall not be liable or bound In any manner by any express or implied warranties, guaranties, statements, representations or Information pertaining to the Property, except as may be specifically set forth in this Agreement. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. 5 96- 366 VIII _. PRORATIONS 8.01 Ad valorem taxes and assessments next due and payable after Closing on the Property shall be prorated at Closing based upon the amount of the 1994 taxes (with allowance made for the maximum allowable discount), unless an estimate or tax bill for the 1995 taxes is available. In that event, the 1995 assessment or tax bill shall be utilized to prorate taxes. IX. COMMISSIONS 9.01 Purchaser and Seller do hereby represent and warrant that they or their employees and agents have not contracted for any real estate commissions or similar fees, and that they have not acted in a manner so as to give rise to a claim for any real estate commissions or similar fees, to any broker except Wilisch Huttoe & Associates, Inc. and Tecton, Inc. ("Ilrokers"), and Purchaser and Seller do hereby agree to indemnify one another and hold one another harmless from and against any such real estate commissions or similar fees, including costs, attorneys' fees and paralegal charges incurred In any lawsuit regarding such commissions and fees except those due to the above -named Brokers. The Indemnity set forth herein shall survive the Closing of the transaction contemplated by this Agreement. Seller agrees to pay a commission to the Brokers pursuant to the terms -of a separate agreement. X. TERMINATION AND REMEDIES 10.01 if Purchaser is not in default of its obligations or agreements, and Seller fails to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, Purchaser, at its option, may (i) terminate this Agreement by giving written notice of termination to Seller and receive a full and immediate return of the Earnest Money together with any interest accrued thereon and upon submission of invoices, reimbursement of costs expended as a result of this Agreement up to $10,000 in the aggregate, or (ii) seek to enforce specific performance of this Agreement as its sole and exclusive remedy for such failure, Purchaser hereby waiving any and all rights which It may have for damages as a result of Seller's default under this Agreement. 10.002 If Snller is not in default in its obligations or agreements, and the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement on the part of Purchaser to be performed, Seller shall be entitled to receive as agreed and liquidated damages the Earnest Money together with any interest accrued thereon as Seller's sole and exclusive remedy for such failure, Seller hereby waiving any and all rights which it may have to specific performance and damages, other than to the Earnest Money, as a result of Purchaser's default under this Agreement. 10_03 Upon termination of this Agreement by either party pursuant to any provision of this Agreement, Seiler and Purchaser shall have no further obligation or liabilities one to the other hereunder, 100.04 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs including reasonable attorneys' fees, paralegal charges and all fees and costs through the appellate process. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS, 11.01 Seller represents the following; 11,01.1 Except for Seller and Purchaser, no party shall at Closing be In or have 6 96- 366 tea k: ti any right to possession of all or any portion of the Property. 11 nil Seiler hat, full right and authority to execute this Agreement and to!. undertake: all -notions end to parrorm all trt3k3 required of it hurponder, Seller Is not presently the• subject! of a pending, threatened or eontomplvted bankruptcy pruc;t!c-Jing. 1 1.41,,3 On the data this Agreement is signed by the Purchaser and the Seller and Ij continuing through Cioslnrg, or the earner tcrmination of this Agrt+emont, neither Seller nor any of ns jolated entl4s, sha(I enter into any other option or contract of sale or execute any deeds, ;ea&endnts, of Nght.4-of-%jny with rospeot to the Property. j j,Q1,A As of the-, dryte of this Agrr_cment and continuing throuryh Closing, there Is i no ni)n•profit or profit corporation or property owners' ascoclattoh which governs or adminl§ten: the'aKalm of the Property, and no such organizutlon exl%;ts with rights to exert any control over or assoO,ahy fees agallst' the Property. 11� The Sailer Is nut awaro of any order, notice, charge, olaim; , litigationoil procoteding or Invostigalion, pending, or threaten�i a9elnrt the Seiler, or otheivIse, which :cannot beI resolYed prior to or at Closing, which affecti titio to tho Pro(wrty, i 1�.2L the Seller has received no pfliclal notice from any public n9onc y. rcaqulrin� , the periorMance of any work or the m;�king of any repairs or aIteraticns on or about the Property or In t}tU�, ` stroots bounding the Property, and the Si3ilor flan recoivrjd no order wl)ich has bean lssued by any such authority for the construction, repair or alteration of any public Improvement on or about the Property, or� !i the MrQC6 bounding thom-on, which may be or might become a lien agalnst the Prgeily'prlor to Closing,, i ij QI1z Elotwer.n tho date of this Agreement and continuing through Closing, Seiler; &hail: not mortgne, pledge or subject the Property to a lien or other onc;urnbrances and shall' iiQt t;,nute or permlf to t}e placed of record any d%umont or instrument affec.tin; the title to the Property which wouldil prevt<rnt the cellar\ from Consummating the transaction set, forth herein unless same Is removed on ot'l bcfoit3 Cloning. (I I� To the knowledge of the Seller, the Property caw 16 X presently buing used for tho production, handling, storage, Imnsportation, or disposal of hazardous'i 1 or tox,ig rriaturinis or any other activity which could have toxic results, and there is no pros I ding" orjhquirill by .any authority with respect thereto except ne may bu di,ciosed in an environmental r&port deilyared ti�j Pu4ase� by Seller, 11.Q1,G To Seller's knowled9c, the execution, delivery andpr:rforrnnr)ca by Gollerli of thl:, Agreement la not precluded by, rind wl;I not'vlo!nte, any provisions of any oxi.sting law, ataMe, rulo'i or rerlutakn, or any judgmunt, order, doocrce, writ or InJunCtlon of Any court, governmental d�partmen comhtlsslon, board, bureau, agency or Instrumentality, and will not result In a breazoh of, or dc-60 under any egroemerit,-mortgape, contract, undertaking or other inslrurr.ent or d0cumr3nt to wl1Ich'.Selisr13.SI pa 1 or by whloh Seller Is bound or to which Seller or any portion of the, Property is subject.' l 11 01.1n Seller her, not entered, nor will It enter, into any agreements or, commitments with any person including without ilmitutlon any govnrrrmental unit or agency;; authortty� schocl board, church or other religious body, or with any other organization, group or individual relatingi to the Prop ilrty, which would or min ht Impose an oblirgntion upon Purchaser to make lany conk iMon 0?, Iran: for at money, tend or other property or to install or maintain uny Improvements with reopogt to.6a"jj ILPI-11 Neither Stiller nor someone at the direction of Seller shall WP a or agree, 7 3 96� 366 to take any action which would caure any of the Seller's representations and covenants contained in this Agreement to be untrue, or which would be contrary to any of the covenants, terms and conditions to be complied with, fulfilled and performed by Seller under this Agreement. 11.01.12 Seller shall promptly inform Purchaser of any notice which it actually receives or actual knowledge which it possesses of any existing o : alleged (i) violation of or nonconformity with any law, rule or regulation relating to the Property or Seller to the extent that same affects Seller's ability to perform hereunder, and (0) breach of any of Seller's representations to be complied with, fulfilled or performed by Seller under this Agreement; and Seller shall promptly cure, correct or obtain the waiver of any such violation, nonconformity, breach or default at its sole cost and expense. 11.01.14 The representations and warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. The representations, warranties and covenants of the parties set forth in this Agreement shall merge into the deed and not survlve Closing, except as otherwise expressly provided to the contrary herein. 11.02 Purchaser represents the following: 11.02.1 Purchaser has full right and authority to execute this Agreement and to undertake all actions and to perform all tasks required of it hereunder. Purchaser is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. XII. ASSIGNMENT OF AGREEMENT 12.01 Purchaser may not assign this Agreement without Seller's written consent which consent shall not be unreasonably withheld or delayed. XIII. NOTICES 13.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, and shall be deemed to be delivered upon receipt, addressed as follows: If to Purchaser. Bridgestone Investments, Inc, 1615 Griffin Rd., Suite 102 Dania, FL 33004 With a Copy to: Drake M. Batchelder, Esquire Tripp Scott Conklin & Smith 110 Southeast Sixth Street 110 Tower, Twenty -Eighth Floor Fort Lauderdale, Florida 33301 If to Seller: WARLEY INVESTMENTS 328 Crandon Boulevard Suite 222C Key Biscayne, Florida 33149 Attn: J. R. Hernandez With a Copy to: Albert D. Quentel, Esquire Greenberg, Traurig, et al. 1221 Brickell Avenue Miami, Florida 33139 8 96- 366 If to-zEscrow Agent: Drake M. Batchelder, Esquire Tripp Scott Conklin & Smith 110 Southeast Sixth Street 110 Tower, Twenty -Eighth Floor Fort Lauderdale, Florida 33301 13.02 The addresses for the purpose of this Article may be changed by either party by giving notice of such change to the other party in the manner provided herein for giving notice. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last address and addressee stated herein shall be deemed to continue in effect for all purposes. XIV. CONDITIONS TO CLOSING 14.01 Purchaser's obligation to close this transaction is specifically conditioned upon the following: 14.01.1 No moratoriums exist which prohibit the commencement of construction of the Project or which prohibit the obtaining of a certificate of occupancy if the Project were completed. 14;02 if any of the above conditions are not satisfied as of the Closing Date, Purchaser shall have the right to terminate this Agreement or waive such condition and proceed to Closing, If Purchaser elects to terminate this Agreement, the Escrow Deposit and all interest earned thereon shall be returned to Purchaser and the parties shall be released of all further liability hereunder. XV. CONDEMNATION 15.01 If, prior to Closing, any portion part of the Property shall be taken by condemnation in any proceeding by a public authority or other body vested with the power of eminent domain or shall be acquired by public or quasi -public body for public purpose, or condemnation proceedings therefor shall have been instituted or a notice of condemnation is given, Purchaser may elect to cancel this Agreement by giving the other party notice to such effect (a) within thirty (30) days after the Purchaser shall have received notice of such occurrence, or (b) prior to the date of Closing if less than thirty (30) days, and, if Purchaser shall so elect, all parties hereto be relieved and released of and from any and all further liability hereunder to oach other and to the broker, and thr� Escrow Money with all accrued interest thereon shall be refunded by Seller to Purchaser. If no such election to so cancel is given, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any portion of the Property taken by eminent domain or condemnation, shall be effected without reduction of the purchase price, and Seller shall, at the Closing, assign, transfer and set over unto Purchaser all of Seller's right, title and interest In and to any awards paid or payable for such taking, Prior to the termination of this Agreement due to condemnation. Seller shall allow Purchaser to participate in any and all negotiations relating to such condemnation and keep Purchaser advised of all proceedings and negotintions relating thereto. XVI. MISCELLANEOUS 16_01 This Agreement may be executed in any number of counterparts which together shall cc .;;;tituty the agreement of the parties, The article headings herein contained are for purposes of identification only and shall not bn, considered in construing this Agreement. 1G.02 This Agrno: rent and the terms and provisions hereof shall be effective as of the date hereof (as the term is defined in Section 16.05 of this Agreement) and shall inure to the benefit of and bn binding upon the parties hereto and their respective heirs, executors, personal representatives, successors and assignees, whenever (tie context so requires or admits. 0 44450 ss- 366 T7 16 171 Prior to Closing, Purchaser may, at Purchaser's sole expense, erect signage upon the Property indicating the future development of the site, the Purchaser's or intended developer's corporate name and telephone number for leasing information and other appropriate items. All signs placed on the Property must conform to any existing city or county ordinances and regulations. Seller agrees to join with Purchaser in making application for all governmental approvals with regard to the erection of said signage. Purchaser shall remove its signs at its expense, and repair any damage caused thereby, within twenty four (24) hours of the termination of this Agreement irrespective of the reason for such termination. 16.004 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included In this Agreement or any such referenced agreements has been or is relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed by both Purchaser and Seller. 16.05 All references in this Agreement of Sale and Purchase to "the date hereof' or similar references shall be deemed to refer to the date that Purchaser and Seller have executed this Agreement of Sale and Purchase. Unless sooner terminated or withdrawn by notice in writing, this offer to enter into an Agreement of Sale and Purchase shall lapse and terminate at 5:00 p.m. on '�. 11, 1�7� unless, prior to such time, each party has executed this Agreement of Sale and Purchase and caused two (2) fully executed copies of this Agreement of Sale and Purchase to be delivered to the other party. 16.06 Neither this Agreement nor any notice thereof shall be recorded by either party In the public records of Dade County, Florida. EXECUTED by Purchaser this)) day ofr. , 1995. WITNESSES: PURCHASER: BRIDGESTONE INVESTMENTS, INC. a Florida corporation zz 13 Na 17-•%�����/�— �/'� -- Air- Name: HARVEY S. AYLOR Title: President amp: lA<e;, Address: 1815 Griffin Rd. Suite 102 Dania, FL 33004 ` A4 10 96- 366 17 j Lot 18, Block 51 South, CITY OF MIAMI, according to the Plat thereof, recorded in Plat Book R, Paco 41, of the Public Records of Dade County, Florida, �c�ss the South 10 feet ' thereof. Lot 19, Block 51 South, CITY OF MZAMI, according to the Plat thereof, recorded in Plat Book B, Page 41, of the Public Recordn of Dade County, Florida, 1`ss, the South io Poet thereof. Lot 20, Block 51 South, CITY Or MIAMI, according to-tho PlAt thereof, recorded in Plat Aook B, Page 41, of the Public Records of 1),Ido County, Florida, des; the South 10 feet thereat, �e the East 10 feet thereof and lP r the £ollawing: The external ar.r:a of n circular curve having A radius of 15 feet and tangcntc which arc 35 fect r4orth of and par,mllrl with the centerline of S.W. Sth Street and 35 feet West of and parallel with the centerline of S.W. 2nd Avenue. ' MLL/..MIMS .1 a1f7.M r i 1 •, t � 1 j 96 366 0",w WILISC.-H HUTTOE A$SOCIATESI- INC* i Ll(',NSE-D REAL FSTAT6 DROKER :P,O.'Box 16010141 Mlor�l, Flcyldo 33116 0 loloph�no 006) 02,0661. f FQA (30,i)') 02-204, Tt is wiiisoh/guttoo AA9100�1 IAC 2, pried, of $056,000 at tne time of Clooi6g, Tb'l S c0mmissiOn ehacr 'll be split betvo6n the broko' '$0/$,0 w�'Q. :. .:'J r,� ..: �•� FF S!.U!T .i-_sump 3 f 12645 rc 2073 V,f-iW✓ A. 0. ivd� �dtma'e RAYMOND D. WEITLNER, a single man .1 tl,. C.wy d Dade LA. Sias. i Florida P.M y d Jw (w" r.+. ta W RLEY 1NVESTKENTS, N.V. d dw C'wr.f v, tA. Siaia,.� _; WA." peg elfw e.Jr... u C/. .. p:ra c. (. �:w C•er E i f'Tt.'; ,•,�; l:: &Ai:,rEl: AvENVE can d ala ..oerd oaa. Alt L FLORIDA 3= f'Atl du .+a w• y •1 4w F- ML f- d s, a...tirtwei .++ .! A. rec..1 --_---------"` ------ Ten and No/100 (510.001--""'-""""" "' a ham A L*Q a+d 6, cis to W awl y .1 sic areswl roc 16,ee.res %A-wl N L.+ebr cr uw•v1•' .do.i 62 pares 6M.V.4r,i soli is As eald out y .f dal $grad vat its (wn and 40epw ja.r l., dr, W,.ft v 6.4 wtv. a tai 6mv in t6 Canty d Dada r %► , Sw..f Florida . ►.,or: r� . Lot 19, lots the South 6' theruof, Lot 19 and Lot 10, lost the South 10' and less the best 5' thereof, � ao- . Block 51 South, CITY OF K!"U, accordibq to the Plat thereof, rocord" in Plat Gook B. Page 41, of Cp the Public Record► of Dade County, Florida. , Subject tot I. raxea for the year 19e5 and sub►aluont years. 1. con dl.1ons, restricttonv, easamen % and limitations of ceccrd, if any. J. ailIoQard LOase with Acxerley CO®RunicatIGMS, In:. :. P,:rcnase nonry !tortq:ce tr-ro. the drantee to tnr tn•i vaginal Pr:nc:pal amu�nt ut •;�t,.l-,,;, i a 3 �S •, �� r .1w1 die O*d w+y d 66 fw pw J. as 6,4,v IaJlr anvrw1 rl,. eil. Ie -04 6�4 ad vJ L.f.wd J. cat~. cow• t�,q LX. f •1 d.ses d <A 0• QL�,w.a. was floe .mj r+q y n . s 1. i rJ 6001 &6 Jay wa Pw fbN claw w"um.. y. Sy,c.J e,.w yot t01 /rM r1w r.Mo.a .f _ ` _ RA7MOND 0. WEITZNER �I r rtI=r7 =Tay era d- a r. Md. w.. u dGea �1' ..c�.rI as do edam tare..a .ri a dw Co.alr .bua+ed is .Sr ► w"Lh &opt" Pj%yxOvD D. WEITZWER, a single man e rr ►sra w %. dw r••a 400&W hL " wM rtaswa tw 4-two a rcd he &4+r+1r494 edw. w *0 he -WNW M awa r w s.d Ow dklal sd in ®a Caw e11 eau brl aSlea.rl tSu ✓ u W at tifiU55 �.�...w. Women t.ouae aru �J J ' W.CJI, "LIK"*M Hotary Public, R ¢, of F2or:da I �+ °K" °"' My Coctniraion �r kc4i D EW y` Mot K Wodm►tL tic ' : V6 �r r M tiro kzm* Florid& 33191 95- 366 " ..+ • ✓.i a V � � �r r , 1 1 V { 1 V t L1• j..a .5 `Y U V • APPLICATION FOR SPECIAL EXCEPTION pile Number .,t.,,M :`e City prertlly, or .,thin c®rtlin toninq districts. ;trtaln St actUrts. us*$, wdlor oc:UDgicill 1pftlfled in this Ordlntncf ire of a mature eva0 rinq spetlal quid inttnatr® rjvjft to letermtne 000V or not they should b® gtrsitteA in IMIfit locations, snd if so, trig apetial limitations, cOntitlool" bid senue•as .as en Should be' appl led as Nes"4blp notessa'ry to pr0'Ote the general purgrosai of this Z04inq OrdInVe®, Md', in garticular, to grotett adjoining praelrtiel aM t1w n®iShbpr%000d from avotdaale potentially aadrairse tff"ts. It it further tnteawed tt+at tso ex"rein® 4M Juoq rit of trio taraiq 204N be txercised in eakirog SoCA deterMin4ticai8, iw aceordeKo with UK rules, c,:>naid®ratiQAs ate'$ ligitatiMS rplatirq to ' Mial Exce4tions. (Secs Article 16) porewl 04131it notice ww hearinq 13 ewwatary for Saocial Exctptio"s. The Zvairg tire! %Ball �* s®iely respa 4ible for 4eterainatiw9 on awiica horns for SM161 Cacrqtlwl.' All applications swell ko mfo to the dim%sr 01 tN t of 91aming, Guildlrq ard Zoning for Nil rVi z=440W$ ; tite dir>:tttor shail whe clap fvrthc ,Owtile rc is 1�y 'tie requlatto�as. Carol Murphy, as V.P. of COCONUT GROVE 3A1NIt i hamtly, m"�Dly to tho Ciq of Me i zonin 004rt wr ecprovtt of 8 Sf* fiat (scapticrq fcc? psjtu,,M toQ t ae 227 S.W. 8th Street Yneury oi' pre0*2cj Jso (ta s;—lcific) Spocial excpni:ion for the reduction of reservoir spaces in luoporl of this} eepplicatils" tR�a foll"inn eatoriol it svi it4r4: 1. Two Mom Of a s of thm M pal Start of Florida ReoistetiW lmvJ Sump?. tte; buildiig ®lQvaitic�$ am dimmicas ate' cmRutatieft of tot arrt® ersd.Duildin >< ice• J. Affidavits disclevirq QwMMhip of propriy 0VQrjd�°Y Mlieation ETA disclo'actl 09 isatr $t foss (ntt t$ tvOlicattem). 4. Certifio list of MKM of e61 Q$tate eithift A III. c radio of tM oatswe bmwaries of propm pooh > rl lie ice. w , 5. At least tM l Wth4t Sh= tl1Q e"tirf (lam ile4 i�cv+a • fit$}. 4. ( ify) 7. fee of Y� to wly two" the crest of ofw alli"4s r-• a ,tz I 5/ 95- 366 Soetiai Exception .......................... S6SO.00 Surc!+argo *4usl to scolitaible fN fry iteet above, lot to exeted 7ix "+ondrtd 4r4 fifty 4011%-s (Si50) except fraa Agencies of the city; fuch >urcft&Ne to Cd refvrdqd to 0v toglic4nt if them 11 r4 appeal frn a omoerty owner within three hundred and seventy.flve (11S) fast of that subject pro"fly. (city cods - Section 62.61) r / f Okffef or Autbori ty Agwt K COCONUT GROVE BANKcfo Carol Murphy Ad�r�t 2701 So. Bayshore Drive, Miami, P 305/858-6666 STATt Of FLON10A) SS: auxtX Of Carol Murphy, as V.P. of�CiO�C%FT OVid says t°%at he is the (d+aler) (AueP+oriA4Mt Of O r} of t" r1ml OrO"M 42%cri> 1n 'flmr to Question !l above: . that ha hog ra tka for oifq aasam aw t1wt do $ad ark t co"Itt9; u4 (tf &C%jrq 'as cgent for fir) thst he hay tlsatimity to w=v%6 t-wi's 19tivan on 9eNalf of the ter. COPCN(J�pV�IAN (( (! BY: Carol Murphy, S1tO0l1 TO AND lso befort 0 thit daw of Ay toamlifiion Expires; 5;� .W . tom/ POK9, -StM of F M19 at Large PRY PUe OFFICIAL NOTARY SEAL ♦ !� ALDO MORALES 2 �I. � = ;f n COMMISSION NUMBFR CC487227 MY COMMISSION EXP. I PT 29,1999 95- 366 � �.r •. Ica � •r f'-1 � � l �J 1. 1 lJ tS• 1-1 •J� U L AtRi0A4tT S'ATt ;F } SS COUNTY OF ;AOf } WON Mal, the w4emigned authority, Oil day ow•saidlly +aoearw Carol Murphy, as V.P. of COCONUT GROVE BANK rho M109 by •e first duly imam, u0m oatft, deooars and says: 1. "-?'®t he is the 01ier, or the 14141 re,r O"UtIve of the over, su0mittimg the ecc=lwyirq qm lication for a Asa9iic heerirq ay mq„irvo by Ordinaftca 11000 of the Cole of tie City of Mimi, Florida, affecting tho rtel vowty locatcO in th® City of Pi 4, as dczcriD^� v*4 1i9tGd en the o4ge7 attlKhtd to this offidovit tsmj r 1-0 a Pam V: M0. 2, Met all cs sr r 1!;Nic'l 1�Q r galt9, if vq, tlair full avid cmivte parwiasioai for 1)1a to 4S in vror "alf fw . c(io"Is or todifiPa. tiory of a c141siNCA000 9r rVPl4t1.TA Of ZWiMj 0 set ftt ill tti<a) ee:Csw*Tyinq Petition, 1. Th" the att hsrou am am a pan of this affidavit contain the currmt mma, =MP4 aftralft, &W lop) description for the th9 ml propM d Wch R® to iM oaf' or Yq41 mpmsenUtive. 4. The fwft as ecommstat in tit aMlicati*3 aW 4Kumi3 subsitted in coin jumtita eit# this d1468vit " try® a -rr t. , Further Affimt "t. � COCONUT GROVE J" • [� il�i s j By. Car01 Murphy V•p. Swm to and Subscribw bef " alo 7r�. .this —Zdaq ofL�� 2! 1G� ,� - -U-�--m---- ' U OFFICIAL NOTARY SEAL <J�pRY 1'8O ki ALDO MORALES ll �' 0rt COMMISSION NUMBER r;t.J Q CC487227 c �tu7 Aolic, Stety If F10?144 Wt Ur" ,'' .-'�\ �o Mc; PT COMMISSION29 1999 P, 96- 366 • •:..� .. w -+ ry r �.. a .:S L. r-, rS U f 1 U i_ Si W 5 Z: 0 1..i • t"' M b OUNE2'5 LIST ?.nvr m wue COCONUT GROVE BANK 314tlimi iddrm C/o Oarol Murnhv, V ta_ �7n1 c..,,�-►, c, .. n,-;.r *g' mi reloghonv kuaovr 305/$58-6666 ;pal Oascriptloo, N/A Lot 17, Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41 of the Public Records of Dade County, Florida 0"Ir's Naafi 01411iml Addrels 74190hOnt NAP Lela] 0"CripttO": Omer' m new Kai 1 ing Address '°elep�rlQ -�a° legal Ovscrtptigst: Any O04? reei "WO tnlivid"11Y, jt HOY, W tamvr§llr (1Y CorWatiOe, partnBrlAip or prt.atal�j �itA1� 32S Otti�t mt tm mvgect llu it littad as 6®1104: Street A >E La"I oncriptim �N/A Strove A�etro:is taut 0"CriptiaA ..s 9�'- 366 i". Iv0 .Ju7'�40V11$ l I2$51P P0r*'vond.o Perottl Arch. i Jan 23,56 11,39 NO.001 P.06 _ '•1 442-2521 P.06 ArF(0AYIT STATE OF FLORIDA ) j SS Coumn or CAVE f the Ww4reighed authority, this day "Fla"411y apseared CAROL; MURPHY rho being py M fiat duly sworn, upon oath. 4190sts and 9aysc I. that he is the ter, or t" I"al r+epr�s�stetir®„ of the War, `1 arb.itt" the accoaOSAYA g application, for 4 Milc hearinq as reuirtd by OMi-neace 1100 of the C040 of the eitjr of A4eat, 81vride, 40fectino the reel prMrti' la<attd In the City of Pirmi, as 4e vcrikd CM foisted om the page► attacks to this affidavit C4 etle 0 p&M thQmf, 2. '(fit tall c: r°a eMO hi a ca% if iM, kvq gin" their* fell VA cmim Pam, 45107 fav Rio to r aR In Wmir elf fo? is C+oge or cadifict. tiar of a clots ifkaticii of, rtolottvil of wi fn 4s let eat in tln occmwyirq pttition, 1. Mat thq i = attadiow herata 04 No 4 W1 of this affidavit cootalh tlq ev t amms, wiling a"mm' aw legal description# for the the real prosrtr of uhtdi he is the mw or lgal ro* mont0tivo. 4, N facU as masted in the amlicatiom V4 4ocumets sulsittod in cartluhction with this affidavit an trw wd cyst. I Fvrthtr Affiant sqeth Mt. �- 7 (two) Carol P. Murphy Sworn tv end %batNbd befsry 90 this ;. dty of Janus, 396, Mottry Ivhlte, Stet® pf ¢lorida at sang• Aldo Morales m tmis.;ioii 11pi tel: 0 (lY PV OFFICiA OTARY SEAL B!� ALDO MORALES COMMISSION NUMBER u < CC40227 7A MY COMMISSION EXP. FG_.\_n S=PT 29 199n 96- 366 F �•; .� w .,i .. •+ 1 w ♦ .._ L a l., H H IJ 1 1J 4 2Si Fa 5 S l7 l: P 1; 5 01SCLQSU111C :i :yaEwSmii �. ,tyal 4oscriptian and 3tratt bddraa of tuojact reel prop®rty: Lot 17, Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41 of the Public Records of Dade County, Florida. 2. ?ealarte) of suoltCt rani 9rvogrty " qqreentkge of 0"nerihi0, data: City of nioati Ordinance **. 98;9 require' 4130"yrt of all parts" harin'q a finwnciel Interest, e1tMr dtrut Or lndirAct, in the subject eatter of s pr"entatien. retest or aatitiofi to the City CoqMi1$ivn. aecor4ingly, TMtign t? r"Vires disc'asvre of Imar*N11dera of sor"rations. 0gn'4fiO4r1qS 0 trusts. aW/W ahoy other IntaraitW parties, tagether with their wWresses vW pnovartiamete internt. Coconut Grove Bank 100% ownership I., lrgal dintriotiow dad strwt added» of My nsl Bf�r (a) by any ;arty ; tilted in am"r to wastion n, asrd (1) lo"ted within vs feet of the subject reds DroQerty. ' COCONUT GROVE BANK N/A _ WO 04 Armw Ma By: Carol Murphy, V.P. $TAT% V FWAI lA+ } $St C"TY of ow } Carol Murphy, as Vice President of Coconut Grove Bank be1>Yj *all IV", a4 Sao t"t he is the , (t ►er) (Atte fay 4a ' K till reds y 6"Cr9 ` 1ie t® 8t1a1R 81, abeve; that heh� rim iti� � tl?+�t SDI ago t ea�lae,: , w (if acting ?A att f 9W WWJ %M% toe NW awwity to taot"i tm 9ticlasm" ; of 006% ahfg foa®aft WWI' of the a , COC WUT GE, BAt; By: Caro2(r%hy, V.P.( S4M TO AMC 5 = 1W before are t!►lt day of� 6! Netiry Faitc, Stet d /la td� at L,iu NY C ls3lam WIWI Em L NOTARY SEAL DO MORALESMISSION NUMBERCC487227OMMISSION EXP.PT 29 1999 96- 366 JV,VA3;0ICWflL+Z:ilk;TNE!AIOut?JFitCIAIt' prj'pUj)R[ts�':�O.;t�A�'' '1u ;!�' . TI{E►,NQrpr�{�IlNrc',PA9CEsl,/�9;t�sRo:P� kICADfILNI469 *ElIj'-AGXIPLIIWED, III 'A '•'�1LLF�aSA,+A�iQ,�7•NtFROFILII,r611�:ii';aL'ETS1N1'NEL'C�ENOiO.RlbUlfltktlntT 0� TH( ' AICAJI.NATIMA'3TA•N;} D3,IH1TITVTt FOR PCKMAN(NT MIt�4CAH0TCC,Ae1NiC COURTHOUSE TOWER x SAT! •alC lLuEO 7 LOC TT1cu G+wERA OP6ReT0.� CEPUTY .CLERIC, CIFCUIT cNRT Ap Rzr16240143K IN TEM CIRCUIT COURT OF Tit$ ELUVBNTH =DICIAL CIRCOIT1IN AND ?oil DADE COTI M FLORIDA l/ ' 0]lNER11L JUREBbiCTION DIVI6ION cS.�ZL ACTION N0, 93- 7955 BEC. 15 41, .. C=RT11" ICATE Or TITLE {I?' COCONU= GROVE BANK, a Ylorida banking Chapter as N �z%'•,' Plaint�.l4{a)/Petition®r(a.i , - 0 � 6:' KIK2 CW ajkla )41KI W MA, a married' .'` ..' uosan, •a�nd:.Y�t+B. Btrl'O�tYo S'ORRi9, her • hveband, - 'f 'Aaienaaa�t(a}/Re&pond®nt(aj, j ..TA.E UMDSRSIGRID. CL X -of thi®..court certitise .t;hAt a Certiftcate Of Sale 1444 I exacueed''Jand tiled in this Actlon,'on;..J9' 37, lh4 for the propeaety deeoritsed`': hmrmia And that objoctiopo. • Co•thm eale have eitb4r not been tiled w+ thln tbo •tuna* 11clWod by ataatutory law or', it filed, halal been heard by the court. '!he property, in Dada, County, Florida and d©acrlbod• ao foI'lowii1. LoC'17, block 51, CITY OP NIAXI 10M, according to tho Plat tharcof, T' reoczdad in Plat hook °D•, Pago 41 o2 the Public Redorde Of Dad® Caunty, • • •P1orS,da. i DOCSTME 0.60 SURYXi. s. %raa eold toe HARVEY RUVZNY CLERK DADE COUNTY, FL j COODNUT..BROME BhA1Ce a fI©rLde banking.evrporttion, � 8anterfitt 4 lidaon, P.IC.',.:24th' Floor, 801- BricYell Avenue, lilamt, i '�.' Ylorida'-33331. • W1TWi/B my hand and .the teal of thle`.Court an ►ebruary it 1994 Harvey' Ruvin, Clark L;ea IN o" IVAA stax" IQQr 57 ' HAM RlNIN, a -�`'`•, ' , q+r11 a Group � Co+rn� �r, 9 - 366 COCONUT GROVE BANK r♦ r♦ rti v r 1.�. Sri .. ri �~` • (r of ikate 305+8542SS9 P.02 I certify from the records of this office that CGB REAL ESTATE, INC. is a corporation organized under the Ilaws of the State of Florida, filed on July 21, 1994. 4 The document number of this corporation is P94000054110. I further certify that said corporation has paid all fees and penalties due this office through December 31, 1995, that it,s most recent annual report was filed on December 6, 1995, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. i i oilom under my barb anb the great *eat of thr sbtate of f oriba, ht Zalla*grr, the vital, this the Sixth UP of December, 1995 Ainbra P.fflart4am ,,*errzt=-g of tafP 991- 366 FEB-02-1996 10:21 COCf IT GROUE BANK Secretary of State E I N STATEMENT :v. isiON OF COPPOIRATtONS OCUMENT # CGB REAL ESTATE, INC. C td "dte :� DES.•-p5g Mauirf4tlOrt15 ' 2701 S. Bayshore Drive Same Miami, Florida 33131 a�pr Acmes irr npyttct ^ am °ar �o tnnNgr wcof,00 00M%abOm at+d Mte►oonrCWM t$ r 3. Nsv Aa"". H AppWAM 270i S' tP rerF1kfV05 -wvAeD4 Jtne .(w. Apt. •, w=, I Syft. Apt. e. M ' Attn: Carol Murrohv Sute. Gtr h Stag Florida 33131 95 DEC -6 AM 11.49 rSUR:T�,RY OF STATE -CA LL"AHASSrzC, FL91 x NOT WPr-E IN -HIS SPACE W data- ttrsNt?Ofigd or i!d Topo&Axr r,FFlonaa 7-21-94 S. FEt Nt/tt�tr Ap�O Foe 65-0574813 C87T7Yt lAn Or STATUS CESSPM M Ny,yy�arY1 VeeS r A&xnsses of EaCtj Ottxcw arcl/ar Dwon" (Fkxvu norwfOft ramt tko 3112" 3 tlrt�Pc%"e N.CA Ottc;.pt3 Strout Addren tX Earn trt,e OQrecari 04%cv and/or Dv*w T¢tei san rw j 3 (Du NOT k49 Pon 4fficis Amc PA M—) — I I /P French Yarbrough 2701 S. Saysha CAr/Ssom/Zo o _ Miami, Florida 33131 /VP/SI Carol Murphy 2701 S., Bayshore Drive i Miami, Florida 33131 1 . j 3 i Gus Harrison, Jr. 2701 S: Bayshore Drive Miami, Florida 33131 _ S. MMM WW AQtleett d c rn" American Information Services, Inc. 801 Bricked Avenue, 24th Floor Miami, Florida 3313L • 3 ,. 0+�9 aoo�saa L MWM and d N" American Information IP O. 9trs Nurrow a W ACC S,E. 3rd Avenue, A®L 0. EX. ' Miami l attt Ua/nY;r ep�t crt! mcev� nt ca tur.0 Christopher Nelson, Pres. t>� pgWW%d A*W Srvices, Inc. 7 th Floor F1` C4= 33131 12-5-95 A'9Ngi9q f�IFGtBT59 ACiEW WJS'T 5 (got cow w t tw 11. if this corporation is a non-profit with I.R.S. 501(c)(3) tax exempt status, check this box 0 a>*X"w ., 12. Does this corporation pay any intangible tax to the �--� (s44 CMOft for Dept. of Revenue under S. 199.032, Florida Statutes- Yes [] No t I eo rrrmy aytvty that tM +earnvmnn t VFW ww "® 7 t1M on rarvb* no aAal for tr+e atffi30 n S 11 8.G7(3(k). Rae•Cm Ste. l rr ="rw tPs 0 ^ d corvo►�ro aom " tr d 'ad' t t e.o7lsit>U a V" ~4 "a u,ro +� a ome,.wa Mas, tx c sera.. t i comfy tact i am an dt r or or ow nee t or tttwaaa arr+p4mm9etftt to VZOOlt® ttm as vveiotd V to ehf 8A7 v e17. P.. hR�+ �t wMa*t A�q no rwV4Ktwrwt rr4 ran ow + mas >� sAo+ . " C-Pwda ntn+e ue�a+ chat , wid noy 0 or anti N tI0hen a Q VW OMW 5-. am � 3r tpa cra�d or the ar9aeaoan nano D" wo The CVwr Mw+ trt I + a trtaD s++y atstraea. trd ny trq+oaet rai ht+r* t+,s eeent oPeB as Y mtas SIGNATURES C - saoaAatvnc Mw rrrin cm PwAw— �s 96- 366 TAYLOR_DEVOPMENT November 30, 1906 , r,fl Aa.l l \u111:.lU I Nov 95nv i:a3 NO .003 P . 02' T+uop, $Egli, tire:rr A 10114 0419'*1It M %A0 1107o+1Riw44hl%d4at1iiks" ' 11� i0imi'aZt paM 11#441 ro+11 L"krout,►oO.IiHil, 110 #*1 14141 /otlr L&mw:+,►►evco 111e1 t►tt"04 lA3.Sd 1104 1jgw# 4 M.761447S 00014 1m1 U&M ou CiOGQfitlt Omit bed Attn: C. Frsnoh Yarbrough, Jr. 270116 Sayohote Drive KeN, Fa 3a136 Re: arktgestom investments, ttto. Pumhasa From cticanut Grove Sank Dear Mf. Yarfxev9h. 1 has yOu knOw MW MID Wre..6ents Sddpst" InOrnents, IRO,, In conmection with 0a purOUO contract for tiro labovo-mforonfAd proNrty. Du W dr011114stA I beyond my ell®ntll control, the ono addltionol pwporty roqulred for GIs pro'® t has not boon 11t)lsllw. M haraby request an eexken6kon of the exp olivn date of tho Ins p®' et Pasidd to Ffiday, Dac arrlwr 8, 1 t95, at 5-00 P.M, it thle oxteneion i'a a�ptbbio, pSoa" exoa o 142 dup4cate eopy of this fitter and ratvm h 10 tho undot-09nod prior to 5,00 P.M. today, N6vembar 30, 1995. ti you fail t0 6011vof ft duplato copy of NO 10ft r by euoh me, piom WASl v this t®tier is riatico or termin2llon of tM abov®-tofomnooO cortmet and 46matsd fot 04 retwn of Bu dePos" evade thereunder. j W6 took forward to 6ompWON Ws transaction. Very truly youm, Drake M. SatchMOf Of Caun"I To Tno Firm AGRE&0 TO AND ACCEPTED BY COCONUT CROVE S K By: PrinUNAM6. cJ i T Rie: t 0 ' d 686�t�+St3� I ?14d6 vcs' 'i i r fJPI"�'t'i ca • a t cc c t _ _nr.. 96— 366 04/30/1994 18:33 305: 538 TECTON INC PAGE 01 NOV—c�.9-1 ?95 l 3 0 59 I-XI'V.PJT GLOVE D�"< Dale /I TO L GonVany .7'' /�✓ teo of PUS II Fax No. _ �.--«•----- j, prom � � Vti✓7 Mcsaaga ..3 ! 4 — % -s .?---- Coconut Grove (lank Viitagt 6ranc.h 3400Main HighwaY 2701 Su Haysharc Drfvc Miami FL 3.111.3 j Mltmi ft 33133 Tejo105 443•2392 Tcle 305 9.58•6666 fix 305 443.2394 fax 305 OS4.2989 -Comm om" y i a 5+.09 P.Oi P . /] 'N Nov 20-15 13:2$ No,005 P.04 Twk ion.:ovipw a SYnr ►oat 1v"I"k F "A 1r7J� PO Iles W44 tOxt �wof�Dµtl ),w�a JN9J NotrQcab4t �J3, 3993 Y Mrowl j0l.72#.7W ►rutatAq 144.16j,#411 Omo t3� lid.T+Rp.4g1 , i t . Dur Mr. As you 1mv,3110 flmpmmF4i. mwmta,1w, in c mtmdt PerW-lo dw'to exponb�� 1993. IAW will Ora m aw 914 purchwis mdy, willies s� We to �:kM iba aalflowl ,d it a� t t>ed 1 xr ti1� �t�6 of tl� �:�ft�ct, ptoY Wt t Bl�� ems` ""I= of tb4 clogiq dm to 04 oT WM mo 15, IV%.- tf twj eztc a i3 wc: ' cut• ai thb rvur AW r It to rho ux i U. Q f4 bD d4tiM 4A, SIMp to = by. tim, pt oof�ldot &I U= of auks of 006 or 1 '*'4- gki � diii n for Ox t+ctia t of all ds*hi iWo thera�undat. • � . we took forww to mgkd" W& toil, `fiery. trwy Yoe, $�a1ce te+i. �lat6i�sirr tiC,DMWI%,ay W A*2ftF ar�3t t bdE9A got . A Ate, r1ww 3t•2�o� A4(JXM AND ACCEnE D BY: ►.j�2'�-1�9S 15 18 :C0JT GFOO1E BANK uct, IV, 1�4 1:17P9 i;PP SCE; This Ametcdmwt �o. 3 C'A"n mant No. 3") entered into this 0.4y Pf �9�5, by and Wtween BRIKEST0 .1NVWMENTSj'.INC:, 6`Purchawl and COCONUT CROVE BANK ("Seiler"}. ! WIT `ESSETN:-• WKRW, PurcKaspr iAd Seller en erect Into an Agreement of Sale and Purchase for 6epurcha ce of certain p'ro�erty more partitviar•ly Oqe gibed in Exhibit A attached hereto (the 'Property'), da►ed moy9, 1995, (thy Contras 1. The Contract was ar7 o►o by Arnerndm�nt No. i Septmber A, 1995 (the ° ° �aldr nt J o., �,. r and Amendment No. 2 cjtt�, ve ; � 1995 (the "Amendment No► Contract, eko),zz)-t,Jr 4.-nt r o.j 1 ind Ar dt No. 2 are hereinafter, referred tQ C01.lettively 1 as the "AZrunxnit" ); aJid 1 rand Seller vr+4h to Amend the Agreement as hareirt FtQr NOW THEREFORE in corisideraticIn of Teri MOM) Dollars and other pod ar�d valuable rwsideratlon, .thf receipt and sufficiency of which is herby acknowfedpd, the parties agree as follows; •t, The fwvgoins rodtaI5 are t e and carreG , 2, Paragraph'6.�01 of the Contract i; hereby amended to pmvldo for an eV!ration of the iwgvWivn Period 0 be November'10, 1995. P . 0 2 P.02 F.; 4/5 i S. t• j 'SQt6ff�Lad.� I �,• '96= 386: 305+g�;4�989 P,01 )CO1dUt i,ROvE MIK................... ...•.Ir.a.rwr..••. Oct. 19,1995 2:10 fed ? SCOTT CONIKI�jiN h.74A t. S5 1 I t 3, except ,mended herein, all of the terms and cond+t+ens of the Contradshali remain in full fo" and .effect. 1 1 iN WiTNU) WN�Rf OF, the partie5,�ave executed this Amendment the day and yur 1. first above writton. { PU1 CHASER wV e compally Fox N0. From Massage V�li��tr' Branch Coconut Grove Bank .pan() Main VI;Fhway 2701 Scy Bayshore prlve tvti�mi Ft 'i 31.13 lalr �i15 aA3.139= 1 M,Ami fL 33133 SpiDGESTONE INVESTMNTVNO COCONUT gROYF MK - ;. s f 96— 366 r --1 � .. r •.rr��r 1 . V6 6+ THIS AMENDMENT NO. 1 OAmendmenr No. 1") entered into effective the Sth ;day of September, .1.995, by and between AkIDGtSTONE INVESTMENT, INC. ("Purchaaer") and COCONUT GPMt SW WNMZFJ►S, Purchaser and Seller entered into a certain Agreement of Sale'and Purchase, effective May 9, 1995, (the "Contract") or the pureha9�e and sale of Lot 17, Block 51 of the City of Miami 5QQt'h; Plat Book 0, page 41 (the "Property"):: WHEREAS, Purchaser desirous of extending the Inepectidn Period pursuant t6 Section 6.05 of the Contract; and NOW, THEREFORE, in consideration of Ten Dollars 010,00) and ether good and vva�uab7.e consideration, receipt and vuf f f ci,ent of:' which is hereby acknQwledged, the par.ties agree ae fo11ow-6i 1. The foregoing recitals are represented by the parties to be true and co#ect, and incorporated herein by referenye and: made a part hereof, 2. Purchaser shall increase the earnest money depo�it by the eum of an a'dditional $10, 000, a0 and upon receipt of sanne by Seiler, they inapew t.ion Veriod shall be extended to Octobex: 6, i995. 3. The closing date set ,forts; in Paragraph 4.01 of the Contract is hereby amended to be ,on or before March 15, i.956"; 4. Bxcept .'nQ amended herein all other terms and conditions of the Contract stall remain in full force and effect. IN WITNeSS WHEREOF, the parties have executed this Amendment No. 1 the day and year first above written. Signed in the �resence,0�0f : SRIDG TONE XYJVESTMENT$1 INC. , HE name of witness Pr n't name of witne By: Nacre : `-�'�-�. i •��_`��• ....{.._�.... i ®--._. 96- 366 1 nT �;F OUE EFrNK 3i+8542989 P , 01 MT-05-•1995 14'57 Ct?COhR. , 1 p THIS AMEHOMENT,At0. 2 (%ms,�d nt NC, 21 entftd Into r3KetUvo thig day pf (5 toW, + �� 105,' 6y end between; 6R1r G8ST4 iNVE Tail�NN$, .lNC. rPt�b�i'j R 4 COCt?NyT OR �APtK f�et�Orj. � ` WHeAF-A3, Purchamr or4 rtuor ant Into 9 Aq:09m(jnt of yaktrsd.PwW poax b Pi" 4104 hPr6p4r4i wfkh Con woe �ttd�d +. nPPOM No. �. dqt cd14 f $e�ttrrsi�r�the�`,aimgnd�►t Na, Z'): nd WHEReAA, Put $8Ef deek'o of pxl f4t� fngp$rik�ss PeriBd Q1 ntr b 4t i , ) yet WK, I' NOW, 'MCREFORE, In con$*?Mion1 }pf T" Ooltoi pl�er sb4d Orld 40tgt t cons1dttm0an, receipt a �d 44""I"t Pt WWO is byAcsu r►edg2 , tip® partte �, �tho 4 vgc 4 ..r Kdtats om ry reur M by t is p4rtlaa to to tare and cyrovts- �+d ; tr►�arpemtod herein by rvref4666 and made s p 1 N tvf, L T)v op'ntim of the tri5pWotl Period sat farth ;A For6pph 6.01 of C"1 Cd is ht:'�aby �xter*dad ie Od6bar 4,,4, �. eXt*pt 6,a Zff�andrrd t)OMIA DA o ter jean$ �r4 a %M'Jons.di th jt� 0Mn,MYll* In 1N �WMUSS VO4EREOF, tj�e patO he e okwt eitnendment Mb. 2 tip dry bred yes W Ore fn the veorsce tad, y -Arhled Name.,..Otte; Pret�derh Printed Na" .b,.,.,..,y COCON v w+'htss Printed Name G.-•O N AS 1 r 4. d . �-------"' mil, �&-7 ��}.S"-.�' e •.�� � I 1 AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BRIDGESTONE INVESTMENTS, INC., a Florida corporation and/or assigns (hereinafter referred to as "Purchaser") and COCONUT GROVE BANK (hereinafter referred to as "Seller"). WHEREAS, Seller is the owner of a certain parcel of real property (the "Property") located in Dade County, State of Florida, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference containing approximately seven thousand (- ro-� ) square feet. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set °:._th, and Seller is agreeable to s-.:ch sale and to such ccnd_p �r.s and agreements. NOW, THEREFORE, for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: I. AGREQ4ENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, which Property shall include, collectively, as applicable, the following: (i) all improvements located on the Property and all easements, rights -of -way, tenements, hereditaments, privileges, 67 96- 366 appurtenances, rights of reverter, servitudes and other rights, belonging thereto or inuring to the benefit of the Seller with respect to the Property, (ii) all licenses, permits, franchises, impact fees, and utility capacity reservation fees issued or collected by any Federal, State or Municipal authority relating to the development, use, maintenance or occupation of the Property, issued or running to or in favor of Seller to the extent that same are assignable by the Seller, and (iii) all engineering plans, site development plans, soil tests, surveys and specifications, if any, regarding the Property which are in the possession of Seller at the time of execution of this Agreement. II. PURCHASE PRICE AND EARNEST MONEY 2.01 The purchase price (the "Purchase Price") for the Property shall be ONE HUNDRED SIXTY THOUSAND AND 00/100 DOLLARS ($160,000.00) payable in the manner set forth in Article III herein below. 2.02 Earnest Money of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) will be deposited in escrow with Tripp, Scott, Conklin & Smith (the "Escrow Agent") within five (5) banking days of Purchaser's receipt of a fully executed copy of this Agreement. 2.03 If Purchaser elects to proceed with the transaction contemplated by this Agreement after the expiration of the Inspection Period referenced in Article VI hereof, Purchaser shall deposit an additional TWENTY FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) with Escrow Agent. 2 96- 366 T7 2.04 As used elsewhere in this Agreement, the terms "Escrow Deposit," "Earnest Money" and "Deposit" shall include the original Escrow Money and the additional deposit to the extent that the same has been deposited with Escrow Agent. 2.OS Escrow Agent is authorized and agrees to promptly deposit the Escrow Deposit in an interest bearing account with all interest thereon accruing to Purchaser's benefit. Escrow Agent shall hold and disburse the Escrow Deposit as well as any other funds which may be delivered to it pursuant to this Agreement or subsequent agreement of the parties, in accordance with the terms and conditions of this Agreement or any subsequent agreement. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent may in its sole discretion continue to hold the Escrow Deposit until the parties n;;tually agree to disbursement t::ereof, or until a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Broward County, Florida, and, upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully terminate. In the event of any suit between Purchaser and Seller wherein Escrow Agent is made a party by virtue of acting as such hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, Escrow Agent shall be entitled to recover reasonable attorneys, fees, paralegal charges and costs incurred, said fees and costs to be charged and r 4,01.1.7 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4 01.2 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 4.01.2.1 Funds payable to the Seller representing the cash payment due in accordance with Article III hereof, subject to adjustment for prorations as hereinafter set forth. 4.02 Each party shall be responsible for payment of their own attorneys' fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes and surtax due relating to the recording of the Warranty Deed, the cost of recording any instruments necessary to clear Seller's title to the Property and the cost of the abstract of title provided for in Section 5.01.1 below. Purchaser shall pay for the cost of recording the Warranty Deed. V. REQUIREMENTS AND CONDITIONS 5.01 Upon execution of this Agreement or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 5.01.1 Within five (5) days after the date hereof, Seller shall furnish to Purchaser a copy of its existing Owner's Title Insurance Policy. The Seller shall, wi=hin fifteen (15) banking days, deliver to Purchaser a complete abstract of title 6 96- 366 prepared by a reputable abstract firm purporting to be an accurate synopsis of the instruments affecting the title to the Property recorded in the Public Records of that county to the date of this Agreement, showing in the Seller a marketable title in accordance with title standards adopted from time to time by the Florida Bar subject only to liens, encumbrances, exceptions or qualifications set forth in this Agreement, and those which shall be discharged by Seller at or before Closing. Purchaser shall have until the expiration of the Inspection Period to examine same. If title is found to be defective, Purchaser shall, within said period, notify the Seller in writing, specifying the defects. Should Purchaser fail to advise Seller of such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed accepted. upon notification of Purchaser's objections to title, Seller shall have thirty (30) days to make title good and marketable, except for liens for monetary obligations which will be satisfied at Closing. Seller shall use its best efforts to make title good and marketable. In the event Seller is unable to cure said objections within said time period, at the option of Purchaser, by written notice given to Seller within ten (10) days after the expiration of said thirty (30) day period: (i) Purchaser may terminate this Agreement, in which event, the Escrow Deposit, together with any interest earned thereon shall be returned to Purchaser and thereupon both parties shall be released from all liabilities and obligations hereunder; or (ii) Purchaser may accept title as it then is, waiving the b 7 4 yr,- 366 G�? objection, and Purchaser shall close on the Property. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed that Purchaser has elected subparagraph (ii) of this Section 5.01. 5.01.2 Within thirty (30) days after the date hereof, Seller, at its expense, shall furnish to Purchaser an accurate and current survey of the Property, by a surveyor licensed in the State of Florida. The survey shall include complete topographical information, a certification as to the actual square footage of the Property and a tree survey as required by local governmental authorities for permitting the Project. In the event that the survey shows any encroachments, strips, gores or any portion of the Property noncontiguous to any other portion of the Property, Purchaser shall give written notice of such defect to Seller, in which evert said defect s; a'_1 lie ccverned in the sace manner and time as objections to the condition of title are dealt with in Paragraph 5.01 and the parties shall have the same rights, privileges and obligations as if the defect so specified was a defect in the condition of title which was discovered by examination of the title insurance commitment required by Paragraph 5.01 of this Agreement. The survey shall be certified to the Purchaser and the title insurance company, and meet the minimum requirements currently in effect as adopted by the Florida Land Title Association and as currently adopted by the American Land Title Association and the American Congress of Surveying and Mapping and the Florida Society of Professional Land Surveyors. 8 95- 366 5.01.3 Within ten (10) days after the date hereof, ',Seller shall deliver to Purchaser for its review, copies of all plans, surveys, engineering reports, if any, relating to the Property which are in the possession or control of Seller. VI. INSPECTION PERIOD 6.01 Purchaser shall have one hundred twenty (12o) days from the date hereof ("Inspection Period") to determine to Purchaser's satisfaction that: 6.01.1 Soil tests and engineering studies indicate that the Project, defined as a retail center (the "Project"), can be constructed on the Property without any abnormal demucking, soil stabilization or foundations. 6.01.2 Adequate water, sewer, electric and other utilities are available at the property line, and in connection therewith Purchaser's only expense shall be standard connection charges. 6.01.3 There are no abnormal drainage or environmental requirements for the development of the Project. 6.01.4 All necessary curb cuts are available. 6.01.5 current zoning allows the construction of the Project and that no further platting of the Property is required. g 01.6 All necessary permits for the construction of the Project can be obtained without unreasonable delay or expense. 6.01.7 Construction of the Project will not violate any federal or state environmental protection statutes or regulations including without limitation the following: Clean Air - 73 96- 366 r 1+ Act, Federal Water Pollution Control Act, National Environmental Policy Act, Regulations of the Environmental Protection Agency, and Chapters 373, 380 and 403 of the Florida Statutes. 6.0118 Construction of the Project will not violate any existing, pending or threatened rules, regulations, citations, ordinances, orders or statutes of any government or municipal authority. 6.01.9 The Project is feasible in Purchaser's sole and absolute discretion. 6.02 If Purchaser is not satisfied with the results of such investigations, it shall have delivered to Seller within five (5) days after the expiration of the Inspection Period, written notice of its intention to terminate this Agreement. If Purchaser terminates this Agreement, the Escrow Deposit, together with any interest earned thereon shall be returned to Purchaser and thereupon both parties shall be released from all liabilities and obligations hereunder. If Purchaser fails to notify Seller in writing of its dissatisfaction as provided herein, it shall be deemed that Purchaser is satisfied with the results of its inspections and the contingencies of this Article VI shall be deemed waived. If Purchaser elects to proceed to Closing, Purchaser shall deposit the additional deposit set forth in Paragraph 2.03 with Escrow Agent. 6.03 Purchaser and its agents, employees and servants shall, at their sole risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site 96- 366 analysis, soil borings and all other necessary testing. Purchaser shall, in performing such tests use due care and shall indemnity Seller on account of any loss or damages occasioned thereby. §.J-a Seller will cooperate and assist Purchaser, at no cost to Seller, in obtaining the zoning, building and other permits and approvals required by Purchaser, and will execute all documents reasonably required therefor upon request by Purchaser. 6.05 The Inspection Period shall be extended one (1) day for each day elapsing after the date Seller was to deliver to Purchaser any material required hereunder (e.g., title commitment, survey, reports, etc.). 6.06 Purchaser shall have the right to extend the Inspection Period for thirty (30) days upon written notice to Seller on or before the expiration of the initial Inspection Period and delivery to the Escrow Agent of an additional deposit of TEN THOUSAND and 00/100 ($10,O00.00) DOLLARS. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes and assessments next due and payable after Closing on the Property shall be .prorated at Closing based upon the gross amount of the 1994 taxes, unless an estimate or tax bill for the 1995 taxes is available. In that event, the 19 assessment or tax bill shall be utilized to prorate taxes. IX. COMMISSIONS 75 96- 366 -'1 E " X'. 01 Purchaser and Seller do hereby represent and warrant that they or their employees and agents have not contracted for any real estate commissions or similar fees, and that they have not acted in a manner so as to give rise to a claim for any real estate commissions or similar fees, to any broker except Wilisch Huttoe & Associates, Inc. and Tecton, Inc. ("Brokers"), and Purchaser and Seller do hereby agree to indemnify one another and hold one another harmless from and against any such real estate commissions or similar fees, including costs, attorneys' fees and paralegal charges incurred in any lawsuit regarding such commissions and fees except those due to the above -named Brokers. The indemnity set forth herein shall survive the Closing of the transaction contemplated by this Agreement. Seller agrees to pay a commission to the Brokers pursuant to the terms of a separate agreement. X. TERMINATION XNQ RL-MEDIES 10.01 If Seller fails to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, Purchaser, at its option, may terminate this Agreement by giving written notice of termination to Seller and receive a full and immediate return of the Earnest Money together with any interest accrued thereon and upon submission of invoices, reimbursement of costs expended as a result of this Agreement or Purchaser may seek to enforce specific performance of this Agreement as its sole and exclusive remedy for such failure, Purchaser hereby waiving any and all rights which it may have for damages as a result of Seller's default under this Agreement. 12 96- 366 1 it �✓10'02 If Seller is not in default in its obligations or agreements, and the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and 4 Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement on the part of Purchaser to be performed, Seller shall be entitled to receive as agreed and liquidated damages the Earnest Money together with any interest accrued thereon as Seller's sole and exclusive remedy for such failure, Seller hereby waiving any and all rights which it may have to specific performance and damages, other than to the Earnest Money, as a result of Purchaser's default under this Agreement. 10.03 Upon termination of this Agreement by either party I pursuant to any provision of this Agreement, Seller and Purchaser I shall have no further obligation or liabilities one to the other hereunder. 10.04 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs including reasonable attorneys' fees, paralegal charges and i all fees and costs through the appellate process. XI. SELLER'S REPRESENTATIONS AND WARRANTIES. 11-01 Seller represents and warrants the following: 11.01.1 Except for Seller and Purchaser, no party shall at Closing be in or have any right to possession of all or any portion of the Property. 13 77 96- 366 31, 01. 2 Seller has full right and authority to execute this Agreement and to undertake all actions and to perform all tasks required of it hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.01.3 On the date this Agreement is signed by the Purchaser and the Seller and continuing through Closing, neither Seller nor any of its related entities shall enter into any other option or contract of sale or execute any deeds, easements, or rights -of -way with respect to the Property. 11.01.4 As of the date of this Agreement and continuing through Closing, there is no non-profit or profit corporation or property owners' association which governs or administers the affairs of the Property, and no such organization exists with rights to exert any control over or assess any fees against t::e Property. 11.01.5 The Seller is not aware of any order, notice, charge, claim, litigation, proceeding or investigation, pending, or threatened against the Seller, or otherwise, which cannot be resolved prior to or at Closing, which affects title to the Property. 11.01.E The Seller. has received no official notice from any public agency requiring the performance of any work or the making of any repairs or alterations on or about the Property or in the streets bounding the Property, and the Seller has received no order which has been issued by any such authority for the 14 96- 366 r construction, repair or alteration of any public improvement on or about the Property, or the streets bounding thereon, which may be or might become a lien against the Property prior to Closing. 11._O1.2 Between the date of this Agreement and continuing through Closing, Seller shall not mortgage, pledge or subject the Property to a lien or other encumbrances and shall not cause or permit to be placed of record any document or instrument affecting the title to the Property which would prevent the Seller from consummating the transaction set forth herein. 11.01.8 To the knowledge of the Seller, the Property has not been used in the past nor is it presently being used for the production, handling, storage, transportation, or disposal of hazardous or toxic materials or any other activity which could have toxic results, and there is no proceeding or inquiry by any authority with respect thereto. �1.01.9 The execution, delivery and performance by Seller of this Agreement is not precluded by, and will not violate, any provisions of any existing law, statute, rule or regulation, or any judgment, order, decree, writ or injunction of any court, governmental department, commission, board, bureau, agency or instrumentality, and will not result in a breach of, or default under, any agreement, mortgage, contract, undertaking or other instrument or document to which Seller is a party or by which Seller is bound or to which Seller or any portion of the Property is subject. 15 EE. 11,01.10 Seller has not entered, nor will it enter, into any agreements or commitments with any person including without 1•imitation any governmental unit or agency, authority, school board, church or other religious body, or with any other organization, group or indiv'dual relating to the Property, which would or might impose an obligation upon Purchaser to make any contribution or transfer of money, land or other property or to install or maintain any improvements with respect to same. 11.01.11 Neither Seller nor someone at the direction of Seller shall take or agree to take any action which would cause any of the Seller's warranties, representations and covenants contained in this Agreement to be untrue, or which would be contrary to any of the covenants, terms and conditions to be complied with, fulfilled and performed by Seller under this Agreement. 11.01.12 Seller shall promptly inform Purchaser of any notice which it actually receives or actual knowledge which it possesses of any existing or alleged (i) violation of or nonconformity with any law, rule or regulation relating to the Property or Seller to the extent that same affects Seller's ability to perform hereunder, and (ii) breach of any of Seller's representations and warranties to be complied with, fulfilled or performed by Seller under this Agreement; and Seller shall promptly cure, correct or obtain the waiver of any such violation, nonconformity, breach or default at its sole cost and expense. 16 96- 366 1 i } 11,01.13 All utility services are available and are i contiguous to the boundaries of the Property in such capacity as 1 required by Purchaser's proposed Project. .01.14 There are no restrictions or covenants encumbering the Property which would prevent Purchaser's contemplated use of the Property. Seller has not conveyed any part of the i Property to any government entity or quasi -governmental entity for road right-of-way or streets or for other public use. 11.01.16 The representations and warranties set forth in this Article shall be true on the date of this Agreement and as of i the date of Closing, and shall survive the Closing hereunder. XII . ASSIGNMENT -OF _AGREEMENT 1 O1 Seller agrees that Purchaser may assign this Agreement without Seller's consent. XIII. NOTICES 13.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, and shall be deemed to be delivered upon receipt, addressed as follows: If to Purchaser: Bridgestone Investments, Inc. With a Copy to: 1815 Griffin Rd., Suite 102 Dania, FL 33004 Drake M. Batchelder, Esquire Tripp Scott Conklin & Smith 110 Southeast Sixth Street 110 Tower, Twenty -Eighth Floor Fort Lauderdale, Florida 33301 17 r 96 - 366 -'-If to Seller: COCONUT GROVE BANK With a Copy to: If to Escrow Agent: Drake M. Batchelder, Esquire Tripp Scott Conklin & Smith 110 Southeast Sixth Street 110 Tower, Twenty -Eighth Floor Fort Lauderdale, Florida 33301 13.02 The addresses for the purpose of this Article may be changed by either party by giving notice of such change to the other party in the manner provided herein for giving notice. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last address and addressee stated herein shall be deemed to continue in effect for all purposes. XIV. CONDITIONS TO CLOSING 14,01 Purchaser's obligation to close this transaction is specifically conditioned upon the following: 14.01.1 No moratoriums exist which prohibit the commencement of construction of the Project or which prohibit the obtaining of a certificate of occupancy if the Project were completed. 14,01.2 The Property being finally and unconditionally site plan approved for the Project. 14.02 If any of the above conditions are not satisfied as of the Closing Date, Purchaser shall have the right to terminate 96- 366 r this -Xgreement or waive such condition and proceed to Closing. If Purchaser elects to terminate this Agreement, the Escrow Deposit and all interest earned thereon shall be returned to Purchaser and the parties shall be released of all further liability hereunder. XV. CONDE"ATION 15.01 If, prior to Closing, any portion part of the Property shall be taken by condemnation in any proceeding by a public authority or other body vested with the power of eminent domain or shall be acquired by public or quasi -public body for public purpose, or condemnation proceedings therefor shall have been instituted or a notice of condemnation is given, Purchaser may elect to cancel this Agreement by giving the other party notice to such effect (a) within thirty (30) days after the Purchaser shall have received notice of such occurrence, or (b) prior to the date of Closing if less than thirty (30) days, and, if Purchaser shall so elect, all parties hereto shall be relieved and released of and from any and all further liability hereunder to each other and to the broker, and the Escrow Money with all accrued interest thereon shall be refunded by Seller to Purchaser. if no such election to so cancel is given, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any portion of the Property taken by eminent domain or condemnation, shall be effected without reduction of the purchase price, and Seller shall, at the Closing, assign, transfer and set over unto Purchaser all of Seller's right, title and interest in and to any awards paid or payable for such taking. Prior to the termination of this 19 23 8 96- 366 Agreement due to condemnation, Seller shall allow Purchaser to participate in any and all negotiations relating to such condemnation and keep Purchaser advised of all proceedings and negotiations relating thereto, XVI. MISCELLANEOUS 16-01 This Agreement may be executed in any number of counterparts which together shall constitute the agreement of the parties. The article headings herein contained are for purposes of identification only and shall not be considered in construing this Agreement. 16.02 All references in this Agreement to "the date hereof" or similar references shall be deemed to refer to the date that Seller has accepted and executed this Agreement. 16.03 This Agreement and the terms and provisions hereof i shall be effective as of the date hereof (as the term is defined in ,I Section 16.02 of this Agreement) and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors and assignees, whenever the context so requires or admits. 166`04 Seller shall execute this Agreement within ten (10) 1 days of execution by Purchaser or this Agreement shall be deemed i null and void and of no force and effect. I I16,Q5 Prior to Closing, Purchaser may erect signage upon the Property indicating the future development of the site, the Purchaser's or intended developer's corporate name and telephone number for leasing information and other appropriate items. All 20 96- 366 signs placed on the Property must conform to any existing city or county ordinances and regulations. Seller agrees to join with Purchaser in making application for all governmental approvals with regard to the erection.of said signage. 1610§ This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed by both Purchaser and Seller. 16.07 All references in this Agreement of Sale and Purchase to "the date hereof" or similar references shall be deemed to refer to the date that Purchaser and Seller have executed this Agreement of Sale and Purchase. Unless sooner terminated or withdrawn by notice in writing, this offer to enter into an Agreement of Sale and Purchase shall lapse and terminate at 5:00 p.m. on , unless, prior to such time, each party has executed this Agreement of Sale and Purchase and caused two (2) fully executed copies of this Agreement of Sale and Purchase to be delivered to the other party. EXECUTED by Purchaser this Z day o��� -`>, 1995. WITNESSES: PURCHASER: 1 _ BRIDGESTONE INVESTMENTS, INC. a Flo 'da corpora By .� Name: HARV S . TAYLO Title: PR DENT 21 96- 366 county ordinances regulations. Seller ag. s to join with Purchaser in making application for all governmental approvals with regard to 'the erection of said signage. 16.06 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed by both Purchaser and'Seller. 16.Q All references in this Agreement of sale and Purchase to "the date hereof" or similar references shall be deemed to refer to the date that Purchaser and Seller have executed this Agreement of Sale and Purchase. Unless sooner terminated or withdrawn by notice in writing, this offer to enter into an f Agreement of Sal and Purchase shall lapse and terminate at 5:00 ' APB P.M. on �, 995, unless, prier to such time, each party has 1 executed this Agreement of Sale and Purchase and caused two (2) fully executed copies of this Agreement of Sale and Purchase to be delivered to the other party. EXECUTED by Purchaser this 1`7 day of March, 1995. 1 ' i 21 610 96- 366 JUL It '95 10:00AM MILfER i WITNESSES: a e: P.3/8 PURCHASER: BRIDGESTONE INVESTMENTS, INC. a Plorida corporation la Name : HkRVE S . TAYLOR Title: Pre 'dent Address: 1815 Griffin Rd., Suite 102 Dania, FL 33004 COCONUT GROVE BANK By Name., Carol P. Murphy Title; Vice President Address: 2701 S. Bayshore Dr. Miami, F1. 33133 As Escrow Agent, we hereby acknowledge receipt of the Earnest Money Deposit pursuant to this Agreement for Sale and Purchase. ESCROW-AGENT- TRIPP SCOTT CONKLIN & SMITH Drake M. Batchelder, Esq. S:\re share\taylor\caco-P&S-rev 22 0 96- 366 --I FEB-- 6-96 TUE 1 6: Z3 W I L I SCH—HUTTOE & ASSOC. APPLICATION FOR SPECIAL EXCEPTION rill !!weber .itn,n :�,e City ,ganorally, or within cor`tain sonIn9 districts, i :ertain st%C turts, uses, and/or ocCuoanCios spaeif,ig4 in th,s orainance art of a nature r@Quirin9 special &4 intensive review to detemine Wtittntr or not they :Would be por,aittcq in specific locations, anal if so, the special linitations, conditions, anQ safeguaros VAl ch should be applit4 as reasonably 'necessary, to prcwtt the 9enoral purvoies of this Zoning Ordln&ico, and, in particular, to protect adJoinirvg propartits ens.! the neighborhood free avoidable potentially adv*MQ effects. It is further intended that the expertise ON jvdqc=t of the Yoiino mart be txertised in maim such deterosnaticas, in accorliAca with the rules, eansiderations aM iimitations relating to SOW 41 Exceptions. (See Artiet® 15) Formal public notice &w hvarinq is amatory for Spxial Exceptioria. Tlie Zoning 6o4rj thall be solssiy retpwpible for dettrainatioris on apol icat1wo for Social f?'setr VQns. All applieations shall Doi rvforn4 to tie dirmor o4 itm Dwartmmt I of Plwirj, DOIdirig tag Z"iq for his �etic:is cjn� the director shall cnao rely fur nap MfoiT0i11 rezz,4ircl by mme I rlatiosia. i I, Leon Torres horgfli' oppl y to tiro City of Illuji zeniq ford for, approval of a Sgc-iol Exeoptica for {imp!,ty lecoteji at 222 S.W. 7th Street Mature of Pm; sca Uso (oils cMe) Special reduction of reservoir spaces In, support of thin ap l ieation, tip follcuing asttrial is sutaitted: i 1, Two Co01e9 of a survey of tf y prvparW by a State of flori/a Registered LOW 'Survew. l, 2. Fow co01p oft t" site pine sh"ing (n rgm1re.d) progeny bou6arios, tAlstirs; (it wy) W4 propseA stmatura(s). g !rig, 1 'uai^! tte; buildirq �1eviations aM, di ions ,' taislo of 1,4% pig. VW Jisti ldiio sirso. 3. Affidavits disclosirg *�m®r°thip of pr000ky covens by anlication &4 disciosur°e of interiest fora (at,tad to Mlieatiilsrs). A. Certified list of aumn of rill "tato within a 375®fat radius of the outside ,bowWarios of property covsM by tM 4911CMiCA m. S. At least t» photogre0l that V= the eta V" OMPM (lud end , i t • mots). 6. Other (Specify) F 7. Fee of f�__„ to affly tosses the coat of p">e0041 �' PEB-- G--96 TUE 1 G : Z4 W I L I SCH—HUTTOE & ASSOC. P g3 Special Exception .......................... S650.00 Surcharge epual to a0plicWt fee frpa iteei above, got to exceed six hundred, ens fifty dollars (S650) exceot fn a aganctes of the city; uw% surcharge to be refundo0 to the applicant if there is ma appeal fne a property owner within three hurxirt4 and seventy-five (315) fe®t of the subJect property. (City Coda, - Section 62.61) Stgnoturd �_or Aitthorilad Aq0t Name LEON TORRES Addr"a 2326 s.w. 9th street, Miami oi�or+! STAT11 Of FLORIDA) SS: ' COUNT! OF DA91 ) -� LEON TORRES bdinq duly 3WOM, d"01e1 W4 sop>f tint he is the (Aa+ r (Auto ixr ed Agent of Omv,P) of tM, r"l prop2rly doscribW in WSW to Queatinn 11 aDdve; that no h®e reag tM f ib as+'�Pa am that t" s era tM ccesoi fie: am (if acting u eognt foe oar).04t f4 ho aeotftHty to "Mte thla p4tition on beha) f of the c+ P. , ( LEON TORRES SWOO TO AND SWUR180 beforl as this , day of mot, da +fit Large my Comission Expir" : � G tiles cF2:�"tc � �7 3 , 95- 366' TIDE 16 S3 P . a 4 ACCIOAV�T STArj 7F 90RICA } 53 COUNTY OF 7AOC } Sefori aw, the linden ighed authority, this day pernooAliy appeared LEON TORRES who baimg by to first duty juror"' upon oath, deposes and says: t. That he is the owner, or the legal r®pw®$entatire of the opener, Sutsitt.1mg th® acco yt9 '0011cati A for a 9011C heartrq as required ty Ordinance 110.00 of t" C040 of the City of memi, Florida, affmting the real proparey locatcl in the City of Mmi, u doscriM end listvi an the pages atteched to thi9 affido®it esA mMo a 0€a" mmk.'of. 2. tint all m-niorl ellio No rw' mcnts, if 6"qr, hcvo givca their full ark tmloto Pomiaatqa for hia to csL ire Moir 41nl al9 fee Ovo sl�es,e or mlifict• %ion of a claaziflehtion or r elation v4 m�j9rq to set Qje in tlo r.,ccM40yinq otti•tion. 3. hot tip att harm Ud Em a pan of this affidevit Contain th® current mmm, wiliq ed4mles, rs aw l of dtscriptia"s for. th.4 the real A of 01ch. he is tPQGWW® or la l Wtativ®, 4. The fecu as rwqsenud in tm lication old topjwnu subsitt44 in ,conjunctim with this affidavit am trw +ice c®rrac yarther Aff f feet saygo mt. ( AL) (Mist) LEON TORRES Swam to SuNcribo4 befom as ,this 9" day of 17 Mo o rrlWi44 at LAr" 1 v Al 1 l �- 366 EB-- 6-96 TIDE 1 6 36 W i L 1 S ICH—HUTTIJE ASSOC. i 'WhEa,'S LIST ;finer N'diq LEON- TORRES 0e1l1n9 Address 2326 S.W. 9th Street Miami Fla 33135. refeoftne Aughber 305 85a-1132 L"41 043Cription: See Attached Exhibit "A" Q�Atr'a Nam NaiIi^9 address T• 1 ep�►ano p�Der Legal Oemeriptioa: P. w6 Qeatar' 8 F9 . Nailing `ddr-ems Te1ep+ �r Legal Description: Any other too) estate pros" wva/ indivi6mlly, jointly, or %"grolly (Sy corporation. partnership or, privately) rithisl In fvii 04 •t8e sal wt 04 it listen to Po11�: Streot Address Legal Descriptive N/A Street Address Strsat Adtresa at Description • ll L��ip�leds , 96- 366 —t EXHIBIT "All DESCRIPTION Block 51, CITY OF MIAMI SOUTH, Plat Book "e"e Page 41, 'Ounty, Fla. FEB— 6-96 TUE 1 G: S5 W I L I SCH—HUTTOE ASSOC. 01SCLOSU11E OF • wmCQSmJP 1. .rgal Goscri0tlon end street address of subject reel prooerty; Lot 4, Block 51 South, CITY OF MI,AMI, according to the Plat thereof, as recorded in plat Book "B", Page 41, of the Public Records of Dade County, Florida. 2. otoner(s) .of subject real prooerty AM perc"t&ge of oaaeershio. ►sots: city of Mimi Or4inance ►a. 9419 rvquirvi diwoisur+e of all parties navirq 6 f1maKia1 inter9at. loner 4irstt or in¢1iMM to the suo,)sct 64tter of a pr"C"tatim, reCuest 9r Petition to tht city comis%ion. Accordingly, queetioet 01 r"Mirli disclosure of tnaren014er! of torVorttiort', bea►eficiaries of trusts, erns/or ey other intsristed parties, together with their aodresles erg orvportion4to interest. LEON TORRES, 100% Ownership N/A Legal description &-4 st!'"t 04re33 of 'Ay nit pro"rty (a) o>fnesl �y any party listed in answer to questlan 02, mA (b) locatod within 37% feet of the subject r4111 pralmrty• N ATTmv FOR 0 X LEON TORRES STATJ of FLORIDA C01}pTt OF U } LEON TORRES lgirq dell rmt^ 04"f tlMt Ro i! the Ear (Attar for ('a ) 94. fte .re®1 y descrim fin ' ga ' tease it, that m wasthe , _ i 80twom lase tmt. tm IM Am twee am eyed (if actit� o9s ett fG0 ) th4t h4 het authOrit1 t® afierast® tho Dilei®e�re of Oa,e►enhio fan io bomirof tsi oW• (ram) LEON TORRES SA M To AND SUSURISM day of Ids. "I Ctal11531 Ad [X! t W 6 it Florida at W118 C. 2 . P.65 r �D•t,Sr �f� � F ax 4:. i���r}�r '�3'�.��ts� Yi. �t 19 ,S �x 3�}.-3 tj� ,s � ryi a, ■, h4awd low t+tr,,e Tula cew,r raa" o*t , gla+bg/ VAN PUPICK %1rJ RY jaw." a No ' iVm11r 110,1101 fit 3 e6lAiU. i1oRIDA 3834 Wumag Bud t 9Ta,TVTORt rona�RR6410M Ya�AJ /,0,1 +Mils; Jnartiftutr. 1(ade this dArof July to 68 , 3iamrst CLARENCEIIIALL and WOLINE HALL, hie vile of thr;'Counq, of Dade , Stitt of Florida gt►ntor', rod LEONILO TORRES, u :;lm�lo man Apl.' U23 Eianhurm, Long Lnlund, `i,;w Yurk of tlrr'G9unty of ;uct:nr; , BtAtr of :,law 'er,rk , irratra', MUM: buth, Thit Irld grantor, for And In ooruldmtta+ of the wm of 1�1lArt, and other gorxl and tahuble mmilderallons to laid glantot In hand paid by t ld want", 114 revolpt e•htit f It h#1 AcknoiAmigrd, haA grAnloJ. brtSAlnrd and wkt to rile UW granter, earl gra,nterl htlrl and AW9119 (matter, rho (q . bwtng'dswrNW land, tatualo, lyl11Z wd being In Dade " CawMy, vk4ld0. to ultl Lot 4, Block 51, City of Miami, South Plat Book 13, p4go.41, Publita Raocrdn of Dude Councy, Ploridal togothar vrth improvomunts thorcon. SUIIJECI' TO Purchnno Money Firtt Hortgngo to Crantors harem, SUBJECT TO Rotrtrlt:ciono and Eanemunta of Rueordd, If arty, ate QQ I ' 1 r.00UM N gill Jr�l I:'I• :1 : ii ,fir' r ... r^RNA• .�� •t i end said fn• lar doe hvrtby fully onirent Iha Ulle to said land, And aili'tkfend 114 lane osafi m the l.a'(ul alAIrN of all rerwl Whoffu0 rat, "Crentoi and'jrrntn' Air umd for Aroptlar or plural as mortal trgvltr'r, 3n �ltnrae WhMilf, CrerUor hel I,etrvnlo ter grantor'! hand Amldwel L%e dexer`idr ytat Am alrnr writun. s Jelled lRrral rn our ptr+crn^al 7tigruncv-Mal, _..(trail �1tcr Sew of►brill" Cam of o)rde. aro no n t�iffi1s�iss�tlt» d ac_..' ilSd • aa11 Ildq r/ar{rd 110 n�Gas' /t►0 y ;Sealf CJrGA C&A STATR OP FWRIDA QIVNTY of DADP, I IIESEBY CERTIFY Owl on thu day brfora aN. An c>dw duly rruslLw to IAke acknovirJtmt+rlr, pcnonally .ppiarnl CLAMNC6ritALL and WOLINE WILL, his wife to fne lltown to bw the prrwna drecrlwd In and who rimird the It tons fitalrumenl and mAnowlalged b.(-,- nn,: thal Cho Y atcvted tho rare. WITNUS my)u+J and o4iciel "at In the (''^11ay and flair lut rforT�a �tla y of 'J44y Q la bfi , �I V Nly commlalon replrns t V''. TwI>rre 450 36 y'1'.' ,., I�,�VAI I/rill' • r. CC ...._._ 1 • �, � fl ��JJ VV c I! i THIS INSTRUMENT PREPARED BY: GABRIEL DIAZ-BERGNES, ESQ. 3971 S.W. 8th St. #305 Miami, Florida 33134 SAME -NAME AFFIDAVIT STATE OF FLORIDA) COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared LEON TORRES, who after being duly sworn, deposes and says: 1. That he is the owner of the following described property: Lot 4, Block 51, CITY OF MIAMI SOUTH, according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida. 2. That he purchased the captioned property under the name of Leonilo Torres, and that he changed his name to Leon Torres when he obtained his U. S. Citizenship. 3. That he is one and the same person as LEONILO TORRES. FURTHER AFFIANTS SAYETH NAUGHT. LE014 TORRES SWORN TO AND SUBSCRIBED before me by LEON TORRES, who is personally known to me, on this February. r , 1996. My Commission Expires: qb Notar OFFC,AL 1 i Gs DIAZ �ERGEdc_ ry'. C�MM;SS:C�i K Ni:cn 3 .�..k CC-2�47332 117 9�- 366 AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BRIDGESTONE INVESTMENTS, INC., a Florida corporation and/or assigns (hereinafter referred to as "Purchaser") and LEON TORRES I ( (hereinafter referred to as "Seller"). ' h WITNESETH: i i WHEREAS, Seller is the owner of a certain parcel of real property (the "Property") located in Dade i County, State of Florida, and being more particularly described on Exhlblt "A" attached hereto and made a part hereof by reference containing approximately seven thousand five hundred(7,500) square feet. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other I i agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and i agreements. NOW, THEREFORE, for and in consideration of the premises and the respective undertakings of I � 1 the parties hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, it is agreed j as follows: II. AGREEMENT f 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, i which Property shall include, collectively, as applicable, the following: (i) all improvements located on the ' Property and all easements, rights -of -way, tenements, hereditaments, privileges, appurtenances, rights i of reverter, servitudes and other rights, belonging thereto or inuring to the benefit of the Seller with respect to the Property, (ii) all licenses, permits, franchises, impact fees, and utility capacity reservation fees issued or collected by any Federal, State or Municipal authority relating to the development, use, maintenance or occupation of the Property, issued or running to or in favor of Seller to the extent that same are assignable by the Seller, and (iii) all engineering plans, site development plans, soil tests, surveys and specifications, if any, regarding the Property which are in the possession of Seller at the time of execution of this Agreement. �7 I k:�wor��9SOt�S000tUor+at?d 96- 366 II. PURCHASE PRICE AND EARNEST MONEY 2.01 The purchase price (the "Purchase Price") for the Property shall be TWO HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($240,000.00) payable in :ne manner set forth in Article III herein below. 2.02 Earnest Money of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) will be deposited in escrow with Tripp, Scott, Conklin & Smith (the "Escrow Agent") within five (5) banking days of Purchaser's receipt of a fully executed copy of this Agreement. 2.03 If Purchaser elects to proceed with the transaction contemplated by this Agreement after the expiration of the Inspection Period referenced in Article VI hereof, Purchaser shall deposit an additional TWENTY FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) with Escrow Agent. 2.04 As used elsewhere in this Agreement, the terms "Escrow Deposit," "Earnest Money" and "Deposit" shall include the original Escrow Money and the additional deposit to the extent that the same has been deposited with Escrow Agent. 2.05 Escrow Agent is authorized and agrees to promptly deposit the Escrow Deposit in an interest bearing account with all interest thereon accruing to Purchaser's benefit. Escrow Agent shall hold and disburse the Escrow Deposit as well as any other funds which may be delivered to it pursuant to this Agreement or subsequent agreement of the parties, in accordance with the terms and conditions of this Agreement or any subsequent agreement. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent may in its sole discretion continue to hold the Escrow Deposit until the parties mutually agree to disbursement thereof, or until a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Dade County, Florida, and, upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully terminate. In the event of any suit between Purchaser and Seller wherein Escrow Agent is made a party by virtue of acting as such hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, :scrow Agent shall be entitled to recover reasonable attorneys' fees, paralegal charges and costs incurred, ..%.V6%95014somi%3we$ M 2 96- 366 I j said fees -:.and costs to be charged and assessed as court costs in favor of the prevailing party I, { (notwithstanding that Escrow Agent may represent itself in such proceeding). All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for misdelivery to Purchaser or Seiler of money subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or i gross negligence on the part of Escrow Agent. Seller acknowledges that the Escrow Agent acts in the capacity of counsel to Purchaser and waives any objection that it may have with regard to its acting in either capacity. is 2.06 A copy of all letters delivered or mailed by the Purchaser or Seller to the Escrow i Agent pursuant to this Agreement shall be sent or delivered simultaneously to the other party to this i Agreement. i i 111. PAYMENT OF PURCHASE PRICE 3.01 The Purchase Price shall be payable as follows: 3.011 All cash or by wire transfer subject to prorations, adjustments and credit for the i Escrow Deposit and all interest earned thereon at the Closing, IV. CLOSING i 4.01 The Closing of the transaction contemplated herein shall be held not later than t { sixty (60) days after the expiration of the Inspection Period (the "Closing Data" or the "Closing") unless extended by mutual agreement of the parties hereto. The Closing shall be held at the offices of Seller's attorney, or at such other location as may be acceptable to both parties. The procedure to be followed by the parties in connection with the Closing shall be as follows: i 4.01,1 At the Closing, the Seller shall cause to be delivered to the Purchaser the items I 1 specified herein and the following documents and Instruments duly executed and acknowledged, in f recordable form: 4.01.1.1 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. k V#wk%9501AMMt%t=%% M 3 i I 96- 366 (b) Such other easements, restrictions or conditions as may be approved by Purchaser after its title examination. 4.01.1.2 Mechanics' Lien and Possession Affidavit. 4.01.1.3 Assignment without recourse of all developers agreements, permits, plans and specifications, if any, for the development of the Property. 4.01.1.4 Sufficient funds from the sale proceeds paid by Purchaser as determined by Escrow Agent to pay any valid monetary liens against the Property. 4.01.1.5 Combined Purchaser -Seller closing statement. 4.01.1.6 A "non -foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 4.01.1.7 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4.01.2 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 4.01.2.1 Funds payable to the Seller representing the cash payment due in accordance with Article III hereof, subject to adjustment for prorations as hereinafter set forth. 4.02 Each party shall be responsible for payment of their own attorneys' fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes and surtax due relating to the recording of the Warranty Deed, the cost of recording any instruments necessary to clear Seller's title to the Property and the cost of the abstract of title provided for in Section 5.01.1 below. Purchaser shall pay for the cost of recording the Warranty Deed. V. REQUIREMENTS AND CONDITIONS 5.01 Upon execution of this Agreement or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, ich shall be conditions precedent to the Closing: ,a,k�9501�5�000tUor.es12e 4 96- 366 ✓ 5.01,1 Within five (5) days after the date hereof, Seller shall furnish to Purchaser a copy of its existing Owner's Title Insurance Policy. The Seller shall, within fifteen (15) banking days, deliver to Purchaser a partial abstract of title prepared by a reputable abstract firm purporting to be an accurate synopsis of the instruments affecting the title to the Property recorded in the Public Records of that county from the date of the prior policy to the date of this Agreement, showing in the Seller a marketable title in accordance with title standards adopted from time to time by the Florida Bar subject only to liens, encumbrances, exceptions or qualifications set forth in this Agreement, and those which shall be discharged by Seller at or before Closing. Purchaser shall have until the expiration of the Inspection Period to examine same. If title is found to be defective, Purchaser shall, within said period, notify the Seller in writing, specifying the defects. Should Purchaser fail to advise Seller of such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed accepted. Upon notification of Purchaser's objections to title, Seller shall have thirty (30) days to make title good and marketable, except for liens for monetary obligations which will be satisfied at Closing. Seller shall use its best efforts to make title good and marketable. In the event Seller is unable to cure said objections within said time period, at the option of Purchaser, by written notice given to Seller within ten (10) days after the expiration of said thirty (30) day period: (i) Purchaser may terminate this Agreement, in which event, the Escrow Deposit, together with any interest earned thereon shall be returned to Purchaser and thereupon both parties shall be released from all liabilities and obligations hereunder; or (ii) Purchaser may accept title as it then is, waiving the objection, and Purchaser shall close on the Property. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed that Purchaser has elected subparagraph (ii) of this Section 5.01. 5.01.2 Within Five (5) days after the date hereof, Seller shall furnish to Purchaser a copy of his existing survey, if any. During the Inspection Period, Purchaser, may obtain an accurate and current survey of the Property, by a surveyor licensed in the State of Florida. In the event that the survey shows any encroachments, strips, gores or any portion of the Property noncontiguous to any other portion of the ►.�Wcn%950145 o Iklo"v rie 5 t �6- 366 Property, Purcc 6ser shall give written notice of such defect to Seller, in which event said defect shall be governed in the same manner and time as objections to the condition of title are dealt with in Paragraph 5.01 and the parties shall have the same rights, privileges and obligations as if the defect so specified was a defect in the condition of title which was discovered by examination of the title insurance commitment required by Paragraph 5.01 of this Agreement. The survey shall be certified to the Purchaser and the title insurance company, and meet the minimum requirements currently in effect as adopted by the Florida Land Title Association and as currently adopted by the American Land Title Association and the American Congress of Surveying and Mapping and the Florida Society of Professional Land Surveyors. 5.01.3 Within ten (10) days after the date hereof, Seller shall deliver to Purchaser for its review, copies of all plans, surveys, engineering reports, if any, relating to the Property which are in the possession or control of Seller. VI. INSPECTION PERIOD 6.01 Purchaser shall have one hundred twenty (120) days from the date hereof ("Inspection j Period") to determine to Purchaser's satisfaction that: 6.01.1 Soil tests and engineering studies indicate that the Project, defined as a retail ` center (the "Project"), can be constructed on the Property without any abnormal demucking, soil r stabilization or foundations. 6.01.2 Adequate water, sewer, electric and other utilities are available at the property line, and in connection therewith Purchaser's only expense shall be standard connection charges. I 6.01.3 There are no abnormal drainage or environmental requirements for the i development of the Project. 6.01.4 All necessary curb cuts are available. 6.01.5 Current zoning allows the construction of the Project and that no further platting of the Property is required, 6.01.6 All necessary permits for the construction of the Project can be obtained without unreasonable delay or expense. 10soAA95014SNOW I%lorms rM 0 96- 366 I ' I ._— 6,01.7 Construction of the Project will not violate any federal or state environmental i protection statutes or regulations including without limitation the following: Clean Air Act, Federal Water 1 Pollution;• Control Act, National Environmental Policy Act, Regulations of the Environmental Protection Agency, and Chapters 373, 380 and 403 of the Florida Statutes. 6.01.8 Construction of the Project will not violate any existing, pending or threatened I rules, regulations, citations, ordinances, orders or statutes of any government or municipal authority. 6.01.9 The Project is feasible in Purchaser's sole and absolute discretion. 6.02 If Purchaser is not satisfied with the results of such investigations, it shall have delivered to Seller within five (5) days after the expiration of the Inspection Period, written notice of its intention to terminate this Agreement. If Purchaser terminates this Agreement, the Escrow Deposit, together with any interest earned thereon shall be returned to Purchaser and thereupon both parties shah be released from all liabilities and obligations hereunder, If Purchaser fails to notify Seller in writing of its dissatisfaction as provided herein, it shall be deemed that Purchaser Is satisfied with the results of its inspections and the contingencies of this Article VI shall be deemed waived. If Purchaser elects to proceed to Closing, Purchaser shall deposit the additional deposit set forth in Paragraph 2.03 with Escrow Agent. 6.03 Purchaser and its agents, employees and servants shall, at their sole risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analysis, I soil borings and all other necessary testing. Purchaser shall, in performing such tests use due care and i i shall indemnity Seller on account of any loss or damages occasioned thereby. 6.04 Seller will cooperate and assist Purchaser, at no cost to Seller, in obtaining the zoning, building and other permits and approvals required by Purchaser, and will execute all documents reasonably required therefor upon request by Purchaser. j 6.05 The Inspection Period shall be extended one (1) day for each day elapsing after i the date Seiler was to deliver to Purchaser any material required hereunder (e.g., title commitment, survey, i reports, etc.). k t«oA 1950145W00�uorrn.f2E 7 103 I 96- 366 .......,.` 6.06 —y Purchaser shall have the right to extend the Inspection Period for thirty (30) days upon written notice to Seller on or before the expiration of the initial Inspection Period and delivery to the Escrow Agent of an additional deposit of TEN THOUSAND and 00/100 ($10,000.00) DOLLARS. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlil. PRORATIONS 8.01 Ad valorem taxes and assessments next due and payable after Closing on the Property shall be prorated at Closing based upon the gross amount of the 1994 taxes, unless an estimate or tax bill for the 1995 taxes is available. In that event, the 19_ assessment or tax bill shall be utilized to prorate taxes. 1X. COMMISSIONS 9.01 Purchaser and Seller do hereby represent and warrant that they or their employees and agents have not contracted for any real estate commissions or similar fees, and that they have not acted in a manner so as to give rise to a claim for any real estate commissions or similar fees, to any broker except Wilisch Huttoe & Associates, Inc. and Tecton, Inc. ("Brokers"), and Purchaser and Seller do hereby agree to indemnify one another and hold one another harmless from and against any such real estate commissions or similar fees, including costs, attorneys' fees and paralegal charges incurred in any lawsuit regarding such commissions and fees except those due to the above -named Brokers. The indemnity set forth herein shall survive the Closing of the transaction contemplated by this Agreement. Seller agrees to pay a commission to the Brokers pursuant to the terms of a separate agreement. X. TERMINATION AND REMEDIES 10.01 If Seller fails to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, Purchaser, at its option, may terminate this Agreement by giving written notice of termination to Seller and receive a full and immediate return of the Earnest Money together with any interest accrued thereon and upon submission of invoices, reimbursement of costs expended as a 104 6WO145=imo"s r2s 8 96- 366 i result of this Agreement or Purchaser may seek to enforce specific performance of this Agreement as its sole and exclusive remedy for such failure, Purchaser hereby waiving any and all rights which it may have for damages as a result of Seller's default under this Agreement. 10.02 If Seller is not in default in its obligations or agreements, and the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Ac,.reement on the part of Purchaser to be performed, Seller shall be entitled to receive as agreed and liquidated damages the Earnest Money together with any interest accrued thereon as Seller's sole and exclusive remedy for such failure, Seller hereby waiving any and all rights which it may have to specific performance and damages, other than to the Earnest Money, as a result of Purchaser's default under this Agreement. 10.03 Upon termination of this Agreement by either party pursuant to any provision of this Agreement, Seller and Purchaser shall have no further obligation or liabilities one to the other hereunder. 10.04 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs including reasonable attorneys' fees, paralegal charges and all fees and costs through the appellate process. XI. SELLER'S REPRESENTATIONS. 11.01 Seller represents the following: 11.01.1 Except for Seller and Purchaser, no party shall at Closing be in or have any right to possession of all or any portion of the Property. (See Addendum). i i 11.01.2 Seller has full right and authority to execute this Agreement and to undertake all actions and to perform all tasks required of it hereunder. Seller is not presently the subject of a pending, threatened or contemplated, bankruptcy proceeding. 11.01.3 On the date this Agreement is signed by the Purchaser and the Seller and continuing through Closing, neither Seller nor any of its related entities shall enter into any other option or contract of sale or execute any deeds, easements, or rights -of -way with respect to the Property. klwakW5014MWIvorni.2E 9 11,01.4 As of the date of this Agreement and continuing through Closing, there is no non-profit or profit corporation or property owners' association which governs or administers the affairs of the, -Property, and no such organization exists with rights to exert any control over or assess any fees against the Property. 11.01.5 The Seller is not aware of any order, notice, charge, claim, litigation, proceeding or investigation, pending, or threatened against the Seller, or otherwise, which cannot be resolved prior to or at Closing, which affects title to the Property. 11.01.E The Seller has received no official notice from any public agency requiring the performance of any work or the making of any repairs or alterations on or about the Property or in the j streets bounding the Property, and the Seller has received no order which has been issued by any such authority for the construction, repair or alteration of any public improvement on or about the Property, or i the streets bounding thereon, which may be or might become a lien against the Property prior to Closing. 11.01.7 Between the date of this Agreement and continuing through Closing, Seller I i shall not mortgage, pledge or subject the Property to a lien or other encumbrances and shall not cause or permit to be placed of record any document or instrument affecting the title to the Property which would prevent the Seller from consummating the transaction set forth herein. 11.01.8 To the knowledge of the Seller, the Property has not been used in the past nor is it presently being used for the production, handling, storage, transportation, or disposal of hazardous or toxic materials or any other activity which could have toxic results, and there is no proceeding or inquiry by any authority with respect thereto. 11.01.9 The execution, delivery and performance by Seller of this Agreement is not precluded by, and will not violate, any provisions of any existing law, statute, rule or regulation, or any judgment, order, decree, writ or injunction of any court, governmental department, commission, board, bureau, agency or instrumentality, and will not result in a breach of, or default under, any agreement, mortgage, contract, undertaking or other instrument or document to which Seller is a party or by which Seller is bound or to which Seller or any portion of the Property is subject. V*pk\95ot45\oOO1\IW %rle 10 `o 96- 366 - L-1-01.10 Seller has not entered, nor will it enter, into any agreements or commitments with any person including without limitation any governmental unit or agency, authority, school board, church or other religious body, or with any other organization, group or individual relating to the Property, which would or might impose an obligation upon Purchaser to make any contribution or transfer of money, land or other property or to install or maintain any Improvements with respect to same. 11.01.11 Neither Seller nor someone at the direction of Seller shall take or agree to take any action which would cause any of the Seller's warranties, representations and covenants contained in this Agreement to be untrue, or which would be contrary to any of the covenants, terms and conditions to be complied with, fulfilled and performed by Seller under this Agreement. 11,01.12 Seller shall promptly inform Purchaser of any notice which it actually receives or actual knowledge which it possesses of any existing or alleged (i) violation of or nonconformity with any law, rule or regulation relating to the Property or Seller to the extent that same affects Seller's ability to perform hereunder, and (ii) breach of any of Seller's representations and warranties to be complied with, fulfilled or performed by Seller under this Agreement; and Seller shall promptly cure, correct or obtain the waiver of any such violation, nonconformity, breach or default at its sole cost and expense. 11.01.13 Seller has not conveyed any part of the Property to any government entity or quasi -governmental entity for road rlght-of-way or streets or for other public use. 11.01.14 The representations set forth in this Article shall be true on the date of this Agreement and as of the date of Closing, and shall survive the Closing hereunder. XII. ASSIGNMENT OF AGREEMENT 12.01 Seller agrees that Purchaser may assign this Agreement without Seller's consent. XIII. NOTICES 13.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, and shall be deemed to be delivered upon receipt, addressed as follows: If to Purchaser: Bridgestone Investments, Inc. 1815 Griffin Rd., Suite 102 Dania, FL 33004 ► �«w�sscus000�uan+.r2a 11 101 96- 366 With a Copy to: Drake M. Batchelder, Esquire Tripp Scott Conklin & Smith 110 Southeast Sixth Street 110 Tower, Twenty -Eighth Floor Fort Lauderdale, Florida 33301 If to Seller: LEON TORRES 2326 S.W. 9th Street Miami, Florida 33125 With a Copy to: Gabriel Diaz-Bergnes 3971 S.W. 8th Street Suite 305 Miami, Florida 33134 If to Escrow Agent: Drake M. Batchelder, Esquire Tripp Scott Conklin b Smith 110 Southeast Sixth Street 110 Tower, Twenty -Eighth Floor Fort Lauderdale, Florida 33301 13.02 The addresses for the purpose of this Article may be changed by either party by giving notice of such change to the other party in the manner provided herein for giving notice. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last address and addressee stated herein shall be deemed to continue in effect for all purposes. XIV. CONDITIONS TO Cq SING 14.01 Purchaser's obligation to close this transaction Is specifically conditioned upon the following: 14.01.1 No moratoriums exist which prohibit the commencement of construction of the Project or which prohibit the obtaining of a certificate of occupancy if the Project were completed. 14.01.2 The Property being finally and unconditionally site plan approved for the Project. 14.02 If any of the above conditions are not satisfied as of the Closing Date, Purchaser shall have the right to terminate this Agreement or waive such condition and proceed to Closing. If Purchaser elects to terminate this Agreement, the Escrow Deposit and all interest earned thereon shall be returned to Purchaser and the parties shall be released of all further liability hereunder. 12 96- 366 XV. , CONDEMNATION 15,01 If, prior to Closing, any portion part of the Property shall be taken by condemnation in any proceeding by a public authority or other body vested with the power of eminent domain or shall be acquired by public or quasi -public body for public purpose, or condemnation proceedings therefor shall have been Instituted or a notice of condemnation Is given, Purchaser may elect to cancel this Agreement by giving the other party notice to such effect (a) within thirty (30) days after the Purchaser shall have received notice of such occurrence, or (b) prior to the date of Closing If less than thirty (30) days, and, If Purchaser shall so elect, all parties hereto shall be relieved and released of and from any and all further liability hereunder to each other and to the broker, and the Escrow Money with all accrued interest thereon shall be refunded by Seller to Purchaser. If no such election to so cancel is given, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any portion of the Property taken by eminent domain or condemnation, shall be effected without reduction of the purchase price, and Seller shall, at the Closing, assign, transfer and set over unto Purchaser all of Seller's right, title and interest in and to any awards paid or payable for such taking. Prior to the termination of this Agreement due to condemnation, Seller shall allow Purchaser to participate in any and all negotiations relating to such condemnation and keep Purchaser advised of all proceedings and negotiations relating thereto. XVI. MISCELLANEOUS 16.01 This Agreement may be executed in any number of counterparts which together shall constitute the agreement of the parties. The article headings herein contained are for purposes of identification only and shall not be considered in construing this Agreement. 16.02 All references in this Agreement to "the date hereof' or similar references shall be deemed to refer to the date that Seller has accepted and executed this Agreement. 16.03 This Agreement and the terms and provisions hereof shall be effective as of the date hereof (as the term is defined in Section 16.02 of this Agreement) and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors and assignees, whenever the context so requires or admits. k,%,,A W14500 1UO"%f2e 13 110 ss- 366 16.D4. Seller shall execute this Agreement within ten (10) days of execution by Purchaser or this Agreement shall be deemed null and void and of no force and effect. 16.05 Prior to Closing, Purchaser may erect signage upon the Property indicating the future development of the site, the Purchaser's or intended developer's corporate name and telephone number , for leasing information and other appropriate items. All signs placed on the Property must conform to any existing city or county ordinances and regulations. Seller agrees to join with Purchaser In making application for all governmental approvals with regard to the erection of said signage. 16.06 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed by both Purchaser and Seller, 16.07 All references in this Agreement of Sale and Purchase to "the date hereof' or similar references shall be deemed to refer to the date that Purchaser and Seller have executed this Agreement of Sale and Purchase. Unless sooner terminated or withdrawn by notice in writing, this offer to enter into an Agreement of Sale and Purchase shall lapse and terminate at 5:00 p.m. on unless, prior to such time, each party has executed this Agreement of Sale and Purchase and caused two (2) fully executed copies of this Agreement of Sale and Purchase to be delivered to the other party. EXECUTED by'Purchaser this$ day of -�', 1995. WITNESSES: PURCHASER: ' BRIDGESTONE INVESTMENTS, INC. a *icorporatioBName: NaRVEY S. AYLOR Title: PRESI T Name: Address: 1615 Griffin Rd., Suite 102 Dania, FL 33004 1 OW950145 fume rse 14 9 6 - 366 EXECUTED by Seller this j;l day of , 1995. WITNESSES: SELLER: By: -_ - 0. - Name: Nan-4- LEON TORRES ` Title: j Name: Address: I j ' As Escrow Agent, we hereby acknowledge receipt of the Earnest Money Deposit pursuant to this Agreement for Sale and Purchase. ESCROW AGENT: iff l TRIPP SCOTT CONKLIN & SMITH E3, ", r- Drake M. Batchelder, Esq. i I 1 • I , i I t it Irwmem95014%wiuormstee 15 96- 366 I ADDENDUM 1. There shall be no signs erected on the Property. 2. The Purchaser will pay the attorney fees to evict the tenants. Should the Purchaser use the Seller's attorney to handle the eviction his charge will be One Hundred Fifty Dollars ($150.00) per hour with a maximum charge of Three Thousand Dollars ($3,000.00). 3. The Property presently has tenants occupying the premises. The tenants wit be notified to vacate the premises immediately following the Inspection Period and notification In writing from the j Purchaser that the contract is in full force and effect. h4. The Seller or Purchaser may request a thirty (30) day extension of the closing date to effect the eviction of the tenants. 1 5. The only items that Seller has to give the Purchaser are an Abstract or Prior Owner's Title Policy in the name of Seiler and a prior survey, if available. ll ,I t . k wso,�snoo,v«+.. ra 16 96- 366 TAY!OR_DEVOPMENT TEI. No.3059230118 - Feb 7.96 12:03 No.004 P;02 APPLICATION FOR SPECIAL EXCEPTION ri ie �u�btr ,,vi- "e City weralty, or sitMn ciriam toA1n9 districts, _�r!a!n tt��cturta, uiti. 1A4/or occueanciii 29ocifi4e in this 1M1n4nct are of a nature -squiring sow4l U4 intensive review to 44ttriin4 sdlBtAar or not the] should 04 WaItted 1n sawfic locations, and 1f to. tie 104cial limitations, conditions. V4 faf"ue^as WCll shftld be 400110d 41 rigal"al,Oly necCS14ry to ;rowts the q@ aral ®urvotes of thin ;6ning1 ®f4inence, Qom. in Oerlicular, to Protect afljoininj pCoverti4s e4 the neibhborhood from e.o144019 P*tentiaity odaa"a eff cts. It is funifor intended that 00 t&vltreise V4 judleWnt of the U lifq i43M to fxercn9*d in ftkinj sucft dettMihatitAS, inn MONOM13 With thM welts~, considerations am li®ttatiala relating to SM141 (xcebtions. (See Ar'ticly 16) rarwi pupitc notice a" h@pring is =Aaitory for so tiol (Actetio"ti. lire zonling UAN shell lA solely Mwasiele for dettminationo on a®@licatioans for s ial ESCCOO GAS. All ' 49911 cations shall be reforre'd to tho dif or of tfn ozoartwt of PI'Mi1q. , Wildtr ZV. Irq for his aflais Md 04 j director shdill eno a-:,qy rums o? roof Bie maulrO 4 tMa requlntta7a. Silvia Ben I - mont—j arrofy to mo city BP nmf ,I:going lo9rd for 4oprov4l ©f a 501"xial Escoptl(a for prza'IITp lernto ata 25 S-_w _Rt�h Street Mature of pr°ir;gct uoa (c-z oGdr1°4c) reduction of .reservoir spaces In support of "to a liacatica, t1 follaz0fq Mtorial it suto4ttod: 1. Two copi" of A BVIGY Of %M pa w � a State of Ftorlde 1togisteYod '- Z. fir CV0 Ufa t84e site �1� st its (a% ) pr9perip bauMarias, twisting (if my) Ied stmitum(s), . wting• la wtessiftl ate; bVildig alolfitims dimsigna alai eft®tio of lot am a. Affidavits 41400394 004MMID of pr®party teveri d by g911eetim WA —� disclosure of intemt fort (auch to lltatica). 4. certifioo list of QwAej of f"1 r1tete within a an•fm rrilaa of tm OVUM eri" of gotorty coeoW by iM lltatien. S. At iesat tM 9MUGM01 th0t I t" tIW Mtift NVOOM • tti). _v.. d. aw (specify) ...... 7. ft0 of Eto aolr tis m the cost of pow"liilgs FEB-07-1996 11:03 3059230118 94% P 02 9s- ace F i TAYLOR-DEVOPMENT TFI NO.3059230118 Feb 7,96 12:03 No.004 P.03 SOM41 tAC*PtiQM S6S0.00 Surcharla aaual to 40011c1014 fat fry %too abdvo, lot to tsca gif six hyper" and fifty ")ism (SaSO) Woot frog 09*mCaat of the city; slosh surtnarit i t0 to rlfV494 to trio avolica11t it thtro 1s no 499441 fraaal a Prowly oamtr Within three Mw*r" i V 4 savtnty•five (315) feet of trio lubjtct Dreporty. (City C*df, • Sett,on U-41) Oa W o*' AaaVWt tart Adasnt a1 Sylvia Ben A�f�a STATE Of R9110A) SSa couPIrf Of �f'� Sylvia Ben moo My soot, domes alb says that ho is the !Otvpor) (A++tRattst i hj)�1t of 0>s�eP) of the r�l >sro�s°ty 4alattl (ri MI wr to "WS"n 11 abo s %Pet he has road tM l tfq answrs ad thM ttw IM Iry me ato4 cordate; and (if aettroE as "at for as W) chat No has Munrity to to this pttltton oa b041 f of th® *%MP- (NM) Sylvia Ben SWQW TO AW S{ 110 offthis � dad+ of / IMtA� paublle, State of flanda at Liryt )y Coassission GtslPas: 115 FEB-0?-1996 11:03 �oS►p �s��c SANDRA HOICK My Commission CC473457 Expires Jun, 18, 1999 •. ay Bonded by HW 800-422-1555 3059230118 94% P.03 96- 366 i IMTLUK UtvUPMENT TP1. No.3059230118 I eb 7.96 12.'03 No,004 P,05 Ail1OA41r g-�tE �V °1:1110A :OU�Tr OF E ► /� lefore a, the un04rsi9neo Auth"' M this daq peyonally aooaarvd Sylvia Ben Wp Deimi by as first duly iV", ww oath, da000ll an! lays: 1. rhat he is the owner, or Me I"Al re9rvsaatative of the oe++er, I--- sub0itting the accuawyIng sM1ication for a pal is hoertnq to regytrad by Ordnance 110W of th9 Cote of the City of RtMi. Florida, affectirq the f-aal property located in the City of Rtemi, as descrt m tam liatad an the Dagq attached to this affidavit CA ame a pcn than (. 2. Thot all ors Aid) he rcv,,-wcttg, if tmp, hme 4iraa t"Ir full am COM19to p€ruissial for Fact to C;Litt tFnir L--rno1it vc5' tits cll=,Q 8r 3ifiea- tion of a elastigiCOVen or rt lseim of mlis;g ton tot Qzt in tto et. y04 petition. I. mat tM, vzviz att Qj har-oto M'd C�14 a pm of claim affidavit contain the currAmt ate. MiIIq =moos, ph 3 ad- Inal descriptions for the tr4 real of 1MO 114 i$ UM ozow 0 1 1 M Ssaitetivv. 4. The faU Ca PWmentod in teat Mlicgtiam wd &KMwt11 suNittild in ca�ajutta:tioF� mitA tAiO afifi6�it an Me Wd cent. ivr4AeP Affiatt4 847e0 "ot. f (NM) Sylvia Ben . t. Swam to W4 Subst" od i►ofe" vs.. thi! day of ;_, 1' Y. Rotary Nblic. State of rlerida at La" rO��py r�LCK MCW> COMM_ y wn CC473457 .1, Expires Jun. Is, 1999 7� 800dpd by HAI e i /Ap FCB--O7-1996 11:04 3059230118 93% 9 5 a " rcu i oU.vV'4 r,��µ 01SCLOSURC 3F ::1109ASitiF 1. .till 141criotion and strait addrtss of s1,4joct ►eel pr000rtyl Lots 11, 12, 13, 14 and 15, less the South 10 feet thereof, in Block 51 South, CITY OF MIAMI, according to the Flat thereof, as recorded in Plat Book "B", Page 41, of the Public Records of Dade County, Florida. 2, :N~(s) of suojtct "al or000rty a4 pomentagt of 7o"er0tg. *at*: City of g14ai aralnancl no. 9411 r'"Vinl OISCIO14 @ Of all i4rtl®s PISViM p finanelai tnttrt>ft. tither direct or ink mt, in 00 1t West attar of a grt`attstton, "mist or oatitlon to the City comission. acgQ4Virq)y, question Os Itmims Oiselo%urt 04 snarMiotdem of eoroorations. 9 ficiaries of trusts. cn4/or my other intertstte Otrtitg, togetilor mith tneir m4rmes v4 0rowrti0AGt® intsmt. Sylvia Ben 50% ownership and Irving Goldstein 50% owwership Deceased Arthur Ben and Sylvia Goldstein L 14ga1 dtseriAtion laid street addreoa of airy Pe®i se�r� (a) 0 My siarTy IIsted in atiSW to awstign is, Wm (!) located Vim" 375 f"I of the 104att rtal sroaerty. NIA �!� A � Oi�Eil Syl01a ®!A Ben STATI OF FL901 COW11T 0ly�.1zu< ioffq dV)it non, Owes Wd i1 %mt M ie the (Qrr►tIt) (Attvrrm for of t* "A) y diAcr'b" ia&WWtit gue's"ot Ol. TWI—r.1mit M No md t" fWW61fq imam dA tits t" 11408 am U*A lit oowiete: aM (if actin as atto"ay fW ) tit he ho amovity to astemt0 the Disclosure of Otiomnip fom on if'ef tm . SWOM TO AND SWUR1+10 Defore a this mod. day of , Ifs hr CM153191 (API 4 FEE-07-1996 11:04 Syly, -a Ben �t �i1c. State N Fldrf" dt lit "'96,ry�1y�P,i/, SANDRA HOLCK My Commission CC473457 Expires Jun. 18. 1999 Bonded by HAI ��fEOf FL��`o SW 422.1555 3059230118 98% P.04 96- 3GG APPLICATION FOR SPECIAL EXCEPTION File 4UNDer *It :sty 7enerally, or Within certain zoning districts, :erta�n structures, uses, and/or occupancies specified in this orvrnance are of a nature etcuir,ng special and intensive review to Jett m ine w�metner or not they should be oerwitted in specific 10Cat10n4. and If so, the special li®itatsons. Conditions, and safegua^as rnsch should be applied as reasonably necessary to proaote tho general purpoi es of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighbori400d frog avoidable potentially advarse effects. It is further intended that the expertise " judge rst of the Zoning board be exorcised in soaking such determinations, in accord &ice with the rules, considerations vA licitationt relating to Spatial Edceptions. (Sae Article 16) Formal public notice uid hearing is eridatory for Special Exceptions. rho Zoning beard small 1Q solely rmspno ible for determinations on applications for SDocial Excootions. All applications shall be "ferM4 to the dirctor of the lest of Planning, wading rise Zoning for his rcvx=ndations €tl the director shall ufto my further raforTaIB rc�aairw- Gy these regulations. i I Irving Golds tei,nh©r by' apply to tho City of Mcai Zoning bo4r9 for approval of a Spacial Exception for pmrarty lacatc-J at 255-7.99 S.W. 8th Street i Mature of Proposcd Us4 (90 apccific) Special exceo n fi—h,- j` reduction of reservoir spaces i 1 In support of this Miicatim than follooing eateriel is suWitted: f 1. Tva copies of a survey of the Dr rty PrGVWvd by b State of Florida Registarad Latd Surveyor. 2. Four c"10% ot: tip site pl&A sharing (aa roqeirW) prof y bew+darla, e:istirsg (if my) and prwsad stroctura(s), D4ftirq, larsdscaping etc; building elevation$ MW I dicensiM ud' ccwutatims of lot area awbuilding spairg. i 3. Affidavits disci*sirsq oafflarship of prop®ri:y coverW by application a� disclosure of interest fore (atoll to a"lication). 4. Certified list of emirs Of real 21 MG within A 37S'f*n rbdius Of the ® outside bouidarios of pmpgr-ty csvere9 by the a"licatione o_ 0 S. At least two Dhotograos that show tM antic® pro sy 0VA enA 'Mr"" • ts) son a. other (Specify) 7. Fee of 3®® to asgly toward the cost of pr®tos><irq: — Special Exception 5650.40 Surcharge eouail to applicable foe From it" above, 'lot to exceed six nunoreo ano fifty dollars 1650) except fray agencies of the city; Such surcharge to be refunded to the apDlicamt if there is no appeal from a property owner within three hundred and seventy-five (375) foot of the subject property. (City Code - Section 62.61) �Z c' 5ighaturs Omer or AuthicriAd Agent r NamIrving Goldstein Addrss 445 Luenga, Coral Gables, F1 pf+one ' STATi OF FLORIDA) SS: ' COUNTY OF OADd ) I Irving Goldste; n , being duly stern, dagoses and Says that he is the - i !Order) (Authorized Agent of Oietr®r) of the rera) property d0scribOl in answer to question t1 j a re; that he hag read the foregoing wSwars and that the saM ar® true MW coaplete; and (if acting as agent for fir) that he has authority to "=to this petition on behalf of the Owner. (per) Irvi Goldstein i 5110Rl1 TO AND s —� ' before this e1 Mla tar% pol C. State ®f Florida at large i my Comission UP RAQUEL RAMiS HICKEY n ?dY COMMIs510FI it CC 206595 `< EXPIRES: June 14, 1996 A F F I 0 A V I T 57arE } SS :OUNTY OF ;AOE } Before so, the undersigned authority, this day personalty acciared Irving Golds t ; n, oft being by :e first duly %warn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the acconying Application for a public hearing as required by Ordinance 11000 of tho Code of the City of Mimi. Florida, aff"ting the real property ioested in the City of Mimi. 42 described UVI lister on the gages attached to this affidavit M.1 E?"IQ a purl thQF'Caf. 2• Thilt all a,,ne~s EiiiO he if ely, hrrne given their full and elate pemissicn for hie to o; in their b 1819 for the 0 o or evdifica. tion of a classificatio,a or regulatim-i of zoaairq tiai sot out in thQ scco anyirq petition. 3. That the Pam AttFvdi w hereto eW awe a part of this affidavit contain the current mm, Iailirg WdM203, OWN numb ers UW 10901 descriptions for the the real p 01 edsllt h he is t" oaf' or le"1 ra elntstive, d. The facts a9 MOMOnted in the 0001icAticnLnd d0cuw" submitted in con,junetian with tloit affidavit are trwe and correct. Further Affiant s4700 "Ot. (dM)Irving Goldstein Sturm Ito MW subscribed befor0 ®ems this Oda! of wry Nbli ,'State of Florida at RAOEL RAMIS HiCKEY MY COIAM;SUS;Ott M CC 208595 EXPIRES: Jens tq, 1996 95 •- 366 r DISCLOSURE IF ^,YMERSwIP .egal description and street address of subject peal property: Lots 11, 12, 13, 14 and 15 less the South 10 feet thereof, in Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41, of the Public Records of Dade County, Florida. 2. '?rawer(%) of subject real property " percentage of owiership. *ate: City of 4iui ;rdinance *a. 3419 requires disclosure of all parties having a flnanelal interest. either direct or indirect, in the subject matter of a pr v entation, request or petition to the City CoMission. Accordingly, ;uestion Oi rmires disclosure of snareholders of coroarations, beneficiaries of trusts, and/or any other Interest" parties, together with their addresses +aid proportionate interest. Arthur Ben & Irving Goldstein 50% 50% 3,. i egal description and strut address of any real property (a) dated by any party listed in answer to question M mid (D) locatoO within 375 feet of the subject real property. N/A OIAcEA ATMfKY FOR fA Irving Goldstein STATA OF FLORIDA } SS: COUNT/ OF OAK } IRVING GOLDSTEIN , bein, duly tom, dom m NW 1W, tmt he is t" (Omer) (Attomm for WW) of the real Property descri®W in maw to question f1, a�Fi;-t7`iat he has r th@ fWgpirq a>Rsaer' aced that the talesre atrue and co®l1Ito: an4 (if acting as attormy for eumr) tmt he hem authority to oxmto the Disclosure of Owership ferg On WhAlf' of the 0mmier. � ��t •� �-{SiAI) !!a®e Irving ein SWORN TO Ai10 SUdSCRISO safari day of 19 G *QtW7 IiAtic,State of Florida at LAMA MY COHNIS3101 EXPiM. pa,Qt E PWIS HICKEY .,': CC ^�8555 ,l:' EXPIRES- .:n:14,.9 i� CAD � It'1 � J•J Ric 9457 340 DAD: GJ_r. I �Z� I ili l 3Y f ei 1r'�' A'AM3 'iJ i _.:u COPY Gi THE LOCAL RZSISTRAWS IY. OM ,�r�z•�5 /� slr 1' _ ti ;a1 S ►+ J� �..1'..�1`ai•.'{i� r:, � \\t 'J- Jf .. (L *va3,iQ.unlc__ _..j raiacr] L3"rUTY Iu:GIS^ai.1R oz t1io G:irc:•. EZ4 of Vital h �tiica fICIAL RECO ROg RClO� xLCUµp CO IN FLORIOA. '. •• •" Of OAOC COUNTY. •• 'tcUAb 1LRIFlfO 1)' 1331UN Fita RICH RLI CL v Dvt rt-rlll .1 11..11h •nA Ud,,.LI41.l1Yr 41.h.. IITATt Irit_t NO 11I1ItilI. I1t 111 ,1111 FL0111D:. M WL Tr .r.l._.�• - pt0107I11Al1 i .NOo s.Jvll Of Ct AS(D-NAf •m• .�om1 .:., Stt OAIt CH OR At" • wcw... o••, .!.•, 1 _ SYLVIA _ _ GOLDSTEIN �Fcmplo ,1 Juiy 23,1n7a uct w.i11, .I4N...11,t.w .wp,.., AGI ,.11 u. pl1 , rl_! uw01! p.• T �) T,O1N , ny... p" �C�Nl! a Ot AIN nt ' Irlhn • •,L.o L. ,.1.•1, wol- o..—, r•.o.n ... I •1..• 1 _ _L•�,Ito ,.57 I.�,, ! 1 ,90 191©_ "'t. Dada _ C ", TOYNi, OA t(JCA11:;N (,= Ltr1i1 � 'r 1•.1 0. 1-11 III0I1 Os 01 .O h •.'Iw\ C.+ \...... ,•.1 y1wN-NAM( ..,f.' w 1�'HI •••1 1'Ll l' .W w•a-.J. n Min-,i _ _ ,1 Yc3 _ )� Cac_ :: n t Lo'banon ..:.Ti G! :...:): w -c" - r _ •..-) • •CC.w.t•. Wl_'Of W!•AT CL"_T!1?• ' IuJ•i,_ ,_l N. .,+ r 1 •S UJYIV O•.G S\ONSI .1 .•N p.! .. S1w rot, _ - 1I iW tf .•.J �.. i..... .. 11 ... 1 Ncw York r U.S.A. _p�_ f1;,rri{,u .11 Irving Goldotoin SOCIAL 1i CUdtlr hu>:. � VSUA1 6:CUr�t.Yny :L••s ..•• o, .w. o....! Lw..,, - �LwO 01 WSwi;l OA Ift".1 Atv! 11 122-Q2-3LG2 IS Tuac;-tor la Privnta Scholl M liZiNU-11A11 C..Jni/ (il Y, 10M•W, 00 l(?CAh:}.I '••-- - ..1..•'t'.Y .am-1/l.Lll rfdJ N,rJ•w7r-_ ,%Florida II) Dodo t Coral Gnblon i V1(r. 111 (]...D 44YOR L. 445 A-). IAIntJ-NAMJ ""1 ,.1' :I- 4A-:IN NLW ,•1/• .. Or! uM Il Max Eon '1��- �nnn GnIr--.n Vvf-r...4J IMA G;.... 4L...• v!=h o! 1 , I, ..J c,n OL •o.. V..i. I- �/w�...l I,. rr Arthur cZa !Ih 1t•"] 1• .I•_.. l Ava. 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(;_ \.•:r .w../Lr ,M •w.111'•..`•=r •r .+l.r..,y. Dl.h IJ(lrWu tJr M G.H .wD {.A !__ ly (..rll •1� 1•LIIY rrw \.1 li•e .Ow Cl Cll/l(I-. McAYI •nr, U •I�w 1 {ItiNl/l li �' •- .. �._•r• • . • 1 ,�„----- L_.../,. +_. 4._.. +il �u:3:�: :'•... _,. ,.. 1,�1�.,.:.. L.J• Iv-J il:) i';� U1,r�1 L'c;,.aCc;:y wl.., _ ..,. 1.1 �-r - - f•71ani F^=. ,. -� •• •... , . ; .. .!.!. �•y .'J,�1�•l:ll:i ,1t.^.,.tl IIUYI NA :a •1^,^I:d.11 ti 1'H1• �I:tiivt�rt,ir;:� i', �inl.t'(t' ,I. .. Y+ ,. ... uM .. .. ..; _. .... '1T�?.(7 1'lltnn (idpt'li/,ni_(:�_� •: , •+ E� • `` `1`1' -1\ ,. .s .__.. ... .. .. ..r�r... ..•..w.ws�. ')I!a-- /�V . •1� !11 f� {. 1�'/� } 96- 366 I This Amendment entered into this-�5 day of Uc-r. , / 9 by and between BRIDGESTONE INVESTMENTS, INC., a Florida corporation and/or assigns, (hereinafter referred to "Purchaser') and IRVING GOLDSTEIN and SYLVIA BEN, as Trustee, as tenants in common, (hereinafter referred to as "Seller"), WHEREAS, Purchaser and Seller entered into a certain Agreement of Sale and Purchase for that certain parcel of real property (the "Property") located In Dade County, Florida, more particularly described in Exhibit A attached hereto and made a part hereof, dated effective June 26, 1995 (the "Contract"); and WHEREAS, Purchaser and Seller wish to amend the Contract as hereinafter set forth. NOW THEREFORE, in consideration of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals set forth above are true and correct. 2. Paragraph 6.01 of the Contract is hereby amended to provide for an expiration of the Ins ection Period to be November 30, 1995. 3. Except as amended herein, all of the terms and conditions of the Contract shall tr7 ��Po 1�� e�il� or installation ti the Fire Dept to install a- hand raz in e �'" h�f_{y_ or installation not to exceed $1,500. re ain n ulce an e ct. 5. The closing shall be extended to April 1, 1996 IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first above written, 6. The Buyer hereby agrees to accept the property with the attached covenant on the property. 9501SUDO WA1D.2 /25 PURCHASER BRIDGESI'ONE INVESTMENTS, INC. a (NameK SELLER '�. PAGE 01 09,101f1995 09: 50 3V23 �r't 6.wft�v fr�f7tn lR �I tzL' o , so92„`OI 19 Aug 30 r y5 15141 No .00s P.,OG ~ THIS AMCNOMf±N`� > . I rArn�mont No, V) ontere4 Intp O WkO lhil+$th dry of S.gptt:rr 4? 190rl, byv4 t),Mty n t3�i�a��sTONE INV MENra, INN. (`PvrahtsWt j Ahd.tt�>�'INO t��ita05'iOt ind SUM DEN, 3s irutfcf WHMM, t4vew cr 1 0f ®n od htto rt�lry �9rnernent o19t►�O fid vmh4v 4>'�af , .. . Duna , 19 nth "C n1r�t ") for the �tCh,w 4f d safe of 1,01 11, 42, 13, 94,�r�i �$ t��9 t4 ��th 40 feet thbrtvf; 8sacac 51 Q11ft,CR of m rn t' ugh, Plat Book �, PagO 41 °Piaporty'); t WHEREAS, S, the PaIp6 wish to mfemd 04fuln g10�410h* of N Co+ff*ot a NOW, Tsliktt=oRg. I) c4NIdem* of Ton tea®, ($10,00) 414 other goad. mod, v�1lrAbb:, oori9ide*O. reotlpt bno $06:ient of which Is haratay 6i*nwAdQ4d, the papa pv'�l toll 1, Ths "olhp rccitais am mpfesomM by M perW4 to t* VvA $0, oath- W4 tnom6mlid hereln by 6c et(A knd md�1tD a pert hoew. $. The Voting �ato tot fate In parntsph 4,0.1 of tho Oontrtct Is hereby 0+t� 4,i4 m bf 40 orbokm.Mamh Sit 16Y. 2*. TOnants Vill vacate property no later than 4/$0/966 3' Extapt st ar"v"od horeln aH other tarml pno Omdttfo s of tha Ccnt t chaff M".14 tl Q fora And Oi ept, t IN MYNEO& WHpIwo, tho pnrtM have mWO Oi.,t Morsdn M No. 4 ft dDY OM.yOr A4� wrltt®ri. . t 4md In the mq-0nw Qf, BRI TONR IN11EVNI i Printed N�rr.'`���� ii44e'o .o.'r' CC:, IRV1 ba �sr `N $Y hf, 7`tt,a l � VVttrr94� � J lfvinQ gotc9ss�in, PrtO Name—,,.—,.�., _,_.,._.....- .V.. 6-- 366 1S9'k'OY13 ph2I9 H1i?432+� � �• �t M l?476-C4393 i COVaxANT RURNlxq_ M17tf TNa LAND WREIEAS, lrvina Coldatein, the owner And Leaebr of thv tollcwtmM delctthlrl grope-tles, to-w1:. City of Viaml South, Lot 11, t100 st. Pb, 8-41, of the Publle Rocore4a of Dade County, florist. (hereinafter rrftere4 ee as I,ot iIi. Vacant tot - City of Hismi South, Lot 12. Block 51, ►b- b-41, of the hrblic Ascorda of Jade County, ►bride. (hereinaftet referred to as lot '2), V11t1LAS, 0,4 Day Salon, Inc., C/b/a, M1CHAP,L, to the Loses* of the above- steer Lot 11, and has the intention of openlnA a Comaecology Salon m the the said property, and in conjunction therewith, vet. ettht (a) parkins spaces all the Property described above as Lot 12 for the use and benoflt of Lot and, V11�W, the City of Masi, tlorlds as A condition for tho laausnee of a buttdlhA permit for the openinit of A Cosmetology Salon on the said Lot 11, has requested that a parpttu►l eaotoont for parkinA fsetlltiea be Aranced in (AYPr of Lot 11 on Lot 12. The sold Irvinf,, Coldetettt And Itay $&toy, Inc,, dlb/a, tACKAFL, htrcwW* sera the following Agreemont as *covenant to rvn with the land; nAt in coneidtration`of the istuanct of a buildlnp, perete for the opentnR of A Coam,vtology SAlen on the above described property, a por)satuAl etaemenr, htndtna upon all future owners of this propert+ is herewith Itranted in (AVor of the preaent and future owners ef, Lot 11. this ess000nt to run vlth the lAnd and to be blrndlnA upon the respootive, heirs and aselAns of the parties hereto tar however Iona said huildlna ehA1l exist. J6-- 366 RFC 13476 4394,. •�;<, 1 • ShouLd thls StrewMint b• terrinatec', thy CLcY c! �ttnsl Kut1c`tn� .t tonLnd Department mist be notlfLod, Alccrnata pnrklrR nKfst he 3 atcurad, a variance obtrtnod Or the t\JSlnls9 Mutt CIVSe- j}` iN YI'tss W thLor, t`e uFderttenad hevt horou'tn set ftoir Mande And wale. •, Vltnaeeer,I, S1JOR1t Co and SUBSCRIBCD D:Fore a• rhls '3th day o[ No�esDer, 1917. otary Pubstate Of or My cowisstnn Upirea: � Oas i .11^rA,f;; t BAN :"I. Or, ..... l i —�lc -�L t•l:J._r7-r.c r,��,]]�,. k•p_`�._o'L 17 " 689FES22 Jr 355 IQ$ 8 8 R 0 6 0 3 5 7 RIB I358N 1970 QUIT CLAIM DEED THIS INDENTURE, made this —/Zfday of November, 1987, between Arthur Ben and Sylvia Ben, his wife, of the County of Dade and State of Florida, perlles of the first part, and Arthur Ben, party Of the second part, of the County of Dade. State of Florida, w104e addre" is 1420 Palancla, Carol Cables, Florida 33146. WITNESSETH, th.:, the said parties of the first part, for and In consideration of the sum of Ten Dollars ($10.00) In hand paid by the said party of the second part, the receipt whereof Is hereby acknowledged, have remised, released and quit -claimed and by these presents do remise, release and quit-alalm unto the said party of the second part, and his heirs and assigns, forever, all the right, title, Interest, claim and demand which the said parties of the first Part have In and to the followlnt described land, to-wltt Lot 11, less the South 10 feet thereof, In Block 51 South, City of Miami, according to the plat thereof, recorded In Plat Book "B" at pate 41 of the public records of Dade County, Florida, Lots 12, 13, 14 and 15,less the South 10 feel thereof, In Block 51 South, City of Miami, according to the plat thereof, recorded In Plat Book "B" at pate 41 Of the pubile records of Dade County, Florida. TO IIAVE AND TO HOLD THE SAME, together with all and singular, the appur- tenances thereunto belonging or In anywise eppertainlng, and all the estate, right, title. Interest and claim whatsoever of the said perlles or the first part, either In law or equity, to the only proper use, benefit and behoof of the said party of the second part, his heirs and assigns, forever. IN WITNESS WHEREOF, the $aid parties of the first part have hereunto set their hands and seats the day and year first above written. Witness as to Arthur Ben /? 4� / 11• Witness as to Arthur Ben Witness as to S^ via Ben / _;V•_ Witness as to Sylvia Ben 130 TH OEYIN 'A 5Y A BEN This Instrument Prepared.uy: BRUCE S. GOLDSTEIN, ESQ. TAUS 6: WILLJAM& P.A.'. Ashley Tower 100 South Ashley drive• Suite 2100 Post Offlct Doit 3430' Temps, Florida 33602 ,q 5 a. • 13580 1`0 1971 STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY that the foregoing Instrument was acknowledged before me this .7. day of November, 1987, by Arthur Ben. My q0-mI44Wj' ttt!Asl Q ti pt." M, We—tary Public * . .......... STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY that the foregoing Instrument was acknowledged before, me this day of November. 1987, by Sylvia Ben. My Commlulon Explrest Notary Public ......... W I," C ...... IMML ,1;0.9 'j.";:3 FJCHAFID P. EMT= coar �nz� �(toiz a3R1>Z13a ' �`� 8P8£IAL t1AFRANT2 ORED U � 11832 n THIS SFSCIAL WARRAMtTY DEED made and executed the 28th day of Jena, 1983, THE 1FMMQtATIO1M akKX OF MIAMI, M.A., a corpora- tion organixed and existing under tho laws mf the United Gtates, having Its principal place of businoae at 5040 BLrd Road, Miami, Tlorida 33145, hereineftor called the Grantor, to ARTHUR BE1 and tirvrA WM, his wife, and IRVIM GOLDBTXIN, col actively referred to *Grantea', wboee t officv address 1■t� Irk - It is intended that there shall be conveyed to ARTtTDA BEN aml AYLVXA RSA, his wife, an undivided 1/2 Interest in the real propaet"r BSmreyBA harourOt" I and that there %hall be conveyed to imra calm 1LIp, Ln undivided 1/2 interest In the real property conveyed hereunder, as tenanre in common. M I T H a 8 s E T qt That the Grantor, for and in consideration of the sun of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents dw s grant, bargain, sell, alien, remise, release, convey and confiru unto the Grantoo, all that ,•artain land actuate In Dado County, Florida, degerib*d as Collovs1 Lot 11, lose the nouth 10 feet thereof, Block 51 BOOTH, CITY GP MIAMI, according to the Plat thereof, recorded in Plat Book "'d', page 41, of the Public Records of Uade County, Florida (the 'Land'), TOGETN A with all the t"ne"nta, hereeltamenta, and appur- tenancos thereto belonging or in anywise appertaining. TO PAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby cuvenants with said Grantee) that the Grantor gill warrant and defend the title to the Land against the lawful claims of all oereons whons"ver claiming Ly, through, or under the Grantor, but against none otherI and that the Land is fr*e of all encumhrarces made by Grantor, subje,:t only to the following matterai 1. Conditions, restrictions, and limitations app-earing on the plat or otherwise common to the auodivislon) slyd public utility easenenta of tecord, but this proviaion shall no; operate to re —impose the call". 2. coning, restrictions, prohibi'ions and other regulations imposed by governmental authority. 3. Taxes and assessments for 1083 and subsequent years, 4. Mortgage of even date herewith given to the Grantor by the Grantee. S. covenants, conditions, restrictions, llultatlons and easesrentm, torus and other conditions contained In Agreement filed April 14, 1l76 under Clerk's Tile No. 76ktl0014 recorded In official Records book 9295 at Page 54, Public .Records of Dade County, Tlorida. 470 TpL KM DT I '^ BDK28AIo DOAAR, M. y l 9ili.[ma•-�e RiCZACSAA]Ia6Qm, COBB t PiTTtET, P.A 1401 A"ri►irst building •� a oae S.Y. Third Aven" Miami, rLorida 331J1 n o N rf Ift%�rL�ca s 64 r otra"+ Po BSc r 3 y ? e 1t+Leia•/r.�wt, r,y �r, .rev lar ease eicaA**$*.%C,"* a ►e?•a•, I, A,wae nwtnruN a�..o..•. r.• ., r,e..o. _"i to.11832 PC 300 IN WITNMS KEEREO►, the Grantor has caused these presents to be executed in its name, and Its corporate peal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and ysiaa_Sirst above written. THE INTERNATIONAL BANK OF rl.A. Bye /=.� .-'GAiT4 L. Bennett, Present MUM OF DRDS , ) I HER Y CERTI" that on this day, before m an officer duly authorixed in the State and County aforesaid to take ac- knowleAgnenta, personally appeared Gene L. Bennett, vell known to no to be thw President of the corporation named as Grantor in the foregoing dead, and that he acknowledged executing the same In the presence of two subscribing witnesses freely and voluntarily under authority July vested in his by said corporation and that the seal affixed thereto is the true corporate seal of said cor- poration. witness ■y hand and official seal 1n the County and State last aforesaid this 28th •;1sy of June, 1983. VA:4O� HCAary Public, 5tate o ,d My Cosusission 6xpitess ►ib1X%? M:.:( v r -.x nounie h ' ww (Iv.'. '•hi nl •� HI' VrA n•. ,t,. •u J.w4 V0 KL a aaii5 c� i•Dv .o we,... 1".'. 11.1. 't..JO% 7e4•9690 rM Q SD 1� '73 SEP i; PM 4 i9 r {flarranty YJetd >t d, .,nl ...•..Ld 16• llth dnr al September 71 Lr HOLD, INC. o sppar.Ilon ,rl,llnp ued" IA. I.... nl Florida nn,I 6.1nll ,I, I.,nnpnl pins, el 6.ln,.r .f Miami, Dade County, Florida A n+ln.11n r.11yd IA, or.nla., In ARTHUR DEN and SYLVIA DCN, his wife, as oemars of an undivided onn-half (1/2) interest and IRVING GOLDSTEIN and SYLVIA-GlOLDSTEIN, his wife, as owners of an undivided one-half p klwP�Is 9P.IlMp,IP UMintoreat! whose post office address is A PI,I e .Q f C „., rl (,1 D ,M Y.. e, Y..1 rr« .•.i,•n .J ....« •1 ,•A...,•. A, .J .v rrr�n rJ rr« •I , r•..r+••1 �flitnesseih: TAM, IAr umnln., I„r nrur b, rnnddrrnnn" n( ILr run, of 510.O0 n„d nlLn I,•nl,rnbl,• rnnridrrallonl, rrrrlpl u•Arrr,d II Arrrly m•4nnu•lydnr,l, AY dv,r prelrnls ,Ins, aronl, Gnraaln, ,ell. 1 u.n, err Iv rr%nr,, ron, inollrm unlit the prm lrr, nil 161 —1.0" Innd M.W. In Dade C •ounlY, 1°60N. ,:. Lot 12, less the South 10 feet, in r Block 51 of SOUTH CITY OF MIMI, according -to the plat thereof, as recorded in'Plat Book B, at Page 41, of the Public Records of Dade County, Florida. SUBJECT TOt Taxes for the year 1973 and subsequent years; Conditions, restrictions, easements, reservations and limitations ofl recordl Applicable zoning ordinances; A purchasermoneXYfitl�lte, mortgage of even date herewith. N ��,�•,,,,,,.,.. IUC`UkL PI)IRwt1;rwuilER, Together ur111, nil IAr frnrnlrnlr. 4vro41l.Me"11 and o;IM,r lell-'re, Ik... I. Lrinnolnp or in city, wl,s apperfalnlnp. To 34aue and to Hold, Me ,non• In Pe Ample fmrr•rr. :Rnd it,. prnntor l,en•Ay rnrrnnnH Udfl, sold flrn,llre ftml IIisIau•lully , :rd of rani Innd In lr. simple; that 11 Aa$ floors rfplll null Welul null.wily to jell and e--y inld lnnd; I1,01 If I,errbi, 11111Y woe• ronb A. tlite to jnid land nfnl o•III delend IAr mitt• npnlnll 16e I--hd rinffnj of all prnnm whomsor..": a„d Ant snld Innel Is (,rr Ill nil rmr,nnArancrf „Il;unlurr,,,, i]?l!Ir,•F.N::.?Y'.;:.:•�.StAMV_ c %*?ail ;oALIL O�-o:l'1 ra A+ 2n Witness 10hereof it., Il•anlar ,,nr rn„red IAr,. pr.r.nlr la (`afro `• he rrerwed In Its none. and (is rnrporme sent to Le Aereunln a((iseel, Ay M '• ,•'•" �r„Inlllllll`4`C` f I,rnprr nlllrrrs Il,nrlfnfn ditty 6111Anri:ed. IAr dny and )•sits llrsl aAarr u•rlllrn. ATTEST:. /< ....•••• • MOED, INC. , a Florida corporat MoIIe "G"sad . r. $,'pnrd seal and drrtrrrr+r In the ,r►smrr ol•• • • ; Edward N . Grad ............. ............... STATE OF FLORIDA 1 cn::?'Tr or DADS ) 1 IIt.11r1Y CLavrI' r.,r..n..rrr••A 'A.Irr1.MS1 Cn, .I —id I, EDMWAARDw..GRAD «1r,.I.Arr•«,, and MOLLS GRAD r,.,44., r.A Secretary' ,M frrr«•. M•1..•1 •A.r ,4rr + r.11r «IwNArA r ,M r �i ,M sits,, •I r w,•rr�H•r .Irnr. Irrrlr .•j • u:l, A•A, •, 4 J. ,Mr M r4 e••.rr,i,• .M ,Ar,r•IM r.l .IliirA r4n,• M 4r ,nw ,,sits e.r f♦ .+iA ,•1'••.ri•+• I Y• 73 rr M.A .J ,11+1.1 r.l i. ,M Cw•,r ..A 7,nr I«, .Irrw•1 ,4i, ll A.r ./i5 ppelnner . A. D. 11 1"3 ,I VrrD,,nll tiy: JEFFREY M. FINE, ESQ. lAddfn, t14O Ponce de Leon Blvd. Coral Gables, Fla. 33134 ,if r rrl.,t,.l r.,. t.....•• •nd.. cu.,nar !'h.,d, arl.,�n,,, n„aa. Warranty Reed 51AMORY MM-51.1108 689.02 f.S.) If:;, in,hum,•tit u.t, l,t.•i+.owl h}. �l,utt'Ix I. u'tt;�htt, t:�n, Y,uU st. I:,111f.1;S, pC,UI11 pA tt Wt shis 3nirnIurr, aide th+r L K'! 0 7uly 1.1 73 • Vrf: irra CARIBBLAlt SHOF. CORP., a New York corporation I I11 Oa• Cnunh• n{ titalt n' : gr.tuln,,', hurl Irving Colastein and Sylvia Goldstein, husband and wife, as an estate by the entireties t (owners of an undivided or --half interest) and Arthur Ben and Sylvia Bun, hushartd attd wife, as ah estate by the entireties (ovnero of an undivided me -half interest) abuse Ihm ill, r• 1420 Palancia Nvenue, Coral Cables, 33146 t • ' of the Comity of Dade , Matt- ur Florida 1 Mwraaril), Thal s:dd grmdor, 6-r mill b, r+wvidrrdinn of Ihr snar ul TE'I-------------�_�_� I-----------------------•------------- (510, 00)-------------------- .. _n,dl.n,, nnrl ul(rrr t;,hhl mill val.,ohh• t+nnidrralin,.a h, raid mi,minr in hind pail by .aid ¢rain•,•, Ihr u•teipl a•hrrt•rd is lu•tvhv r,r:kou,vlolgvd, ha- t:rmdrd, b,ry:,tine,l :nut .n!,1 In Ilu• raid Craulr+'. and Groutrdr Lrnr and Ihr h.)• lowing dr.rrihrd laud, aiU,nl r, Icing ,aid hoinl; iu Dade C..unlc, Fin,i,le, I...wit: i Lots 13, 14 and 15, Block 51 of South City of Miami according to the plat thereof, as recorded in Plat Book B, at page 41, of the Public Records of Dade County, Florida. 4, SUBJECT :Ot 1. Conditions, limitations, easements and restrictions of retard; 2. Taxes for 1973 and subsequent years; 3. An existing first mortgage due to University Federal Savings and Loan Association of Coral Cables dated May 18, 1972 filed under Clerk's File No. 72R-117862, Dade County, Florida, which grantees herein Assume and agree to pay: 4. Purchase Money Second Mortgage of even date dua to seller in the oriqinal Princioal stun of $59, 427.93. ... _.,rr nr�, .Shirr.{11,tr+•, .FL(rt�lgit is ' L}vI. r'r•.'il•.n,. rI ,,, :•.' 2 r lit ...� Eilloo :u t1 said { rnnitsr du, s Ilie till, In said land, :nil ,vill dtdrtnl Ihr .,iwe nt •tin,l Ole Inrv(id elmiulz of all ps•,suns e•hnnrsnccar. Cnitiltsr" mill ");raider" nre used (tit sfngular ur plural. ar rrndrrt rtrptires. lt Miti n ii)1)rrrnf, Crardur lots hert•uuln zrt grave, •rs lauul and so -also -al Ilu• tlny and yr:tr first nboti. writ)� Jran, r Signrtl. staled and drliverml In nur pn•senv: •r a Jam•%': ' 7?• Cie --- C B£AN .SHOE CORDr a Ker•,_Yb,�h1u1� -By: Ye>a. L! /✓ i4 Ll.Z�lIiZ .tsr:,i ), / ; AMES it. KELLFY, Pres entJ .1 Attast:/: (!`:2L 1 ? 1�%il•i:fL'blt�(�ri1� 14AARTIN L. WASSERMAN, Secretary s'rATli OF FLORIDA COU,N iY OV DADE 1 HEIl(•HY CRIITIVY Ihnt on this Clay hrftsrr mr, ait ntrrtrr th,ly rptalilird In wkr :uknur,9,•rlguu•nls, prrznn:dly appeart,d JAMES H. KELLEY and MARTIN L. WASSERMAN, President and S2cretary of CARIBBEAN SHOE CORP., a New York corporation In mr knnn t In he Ili,- permit dewfilivd lu :md who eresndrd Ihr lurogufag iirchnmrnl :aul arknitl Ifitilljr r'd 6tlmr na• thud tinT vu-clitrd the sarnv. tit V-r••rw "", \VITNNNN my hand Itud nfrtvfal sral lit the County :nld Nlale Last afurmiid lhis 113v u,L%.•OuY : 10 73 • fly snmwiszinn equ • ., iNntaTy�•itulrlic :: _ stun. w a•s� rdnw rr. , j�'• •• r. un 1Nru. • n.rn jj WA At ARrL; %•'' ...... •.••.' iW �RArr fU cq�j �`%rlt/ ,ltlCHA/tUP.NRINK1,(f; '"��ntin '•• 1 CURA WWI Clan{ L .;i ®I. H. TSCS UIFF, $Cols, cahwo & Swim AI'160*44 At l!w 110 TOwrA, lvlts"r•EM"TN FCOOP November 30, 1996 110 30V1►4AF1 butb $ntIT FORT tAV04R0Au,=iMV JIJO1 FAVOR 14340 FORT tA6044DA►1. FtWM& 33303 Tttt1►peI 30S.S2b.1f�P • rt�tCGKR 30J 7it.N73 Mr. Irving GokWain and Sylvia I3en as Trustee 445 Lvengs Coral GoNea, Florida 33145 Re: Bridgestone Invastments, Inc. Purchase From IrvkV Goldatain and Sylvia Eden, as Trustee, Dear Mr. Goldstain b. Mr. Ben: i As you know this firm repreeent4 Bridgebtane Investments, Inc., In oonnecNn with the purchase contract for the abov®•reforenced property. Duo to c1mumstances beyond my dl®nt'o control, the one addhional property required for thle project has not been finalized, We hereby request an extension of tha oxpiration ,date of tho inapecion Poriod to Friday, Dooember 8,1 ii , at 5:00 P.M. it this outensic-1 is racceptOble. pleste executo ibo ftplicoto copy of thlD !otter and ratum It to the undomIgnod prior to 6:00 P.M. today, NovdrnW 30, 100. If you fail to dollvor tho duplicate copy of tide iottcr by cuch titio, pioagi conaldor this le"er as notice of termination of tho abovo4oforonced contract and dornand for the return of all deposits i made theroundW. , i 1 We look forward to eorrplothg this tmnsamion, l Very truly yOW4, /f Drake M. Batchelder Of Counsel To The Firm !ot TO 39Vd i I ►t�+tvbe710ppN�M/Mw1q�p , 11/29/19,35 12t 14 .10r ... o` „ LAW � , �II j ,3 , , . . � ► I p TM�. t�•'�1' f+deR� OIOp� i •. �,l' •, , � �, .: A+� c� two ; ; ''t �,�•�. � � ���»tom 7!� ISM rAtiAND a, (s Of r, ION �! As you9 lmw this i ,,Tl f , I". fD oommfiop with CU is duo w maim ou P`uvam , :[ WPY ft? am low ADd Rim it to the l ru tail to dmV4 th• 6-s by fifth tom, sec oatme 1hlt i u dal 1 a lac fbMvd to wmpbdcg ft ummodm �i. At YOU 'f _ f -. t i t a f ! _..: i .. !• i:i; 1' s a+ s,. ,fi it ) WM i a+ . f! .` �. ,f. ' 1 Omto L." fti lyti :' M�1♦♦ ♦ !o -%a♦ It :: - k - "L W yl ii f ) , f R 1 �.ii`; i lyL i t "-`R 'ii 5...;:+.y C'bx'pj . .t • j„f.. i Y tit.' f i SOU i 'Yfi '2!?_➢. f'A:Y,x.s MOMYfa • �t .dE fN ;AWtW i1 wons tf r ai:. r .:JlfW !-f+'� •')1_ ?9. f h ka/A „.ti.fu:t imF, 317_ i'c, ,3}i :.\.Y ii.owin oft:4 u two r ,f PO 4F . ...iim l' Hum TWy K .r ok Ga ;s. FL E F AND ACC PM 9: li �.`f. ;. j�3x��tptrs�r.u►.x� i2 F 'ii f` F ' � 56r+ass � 9.�Sc� bzv'�t 1'witrf•i rvQss E Cb� s�<s� ��'a ° s 9�6 t �8Z- t b 96- 366 AGREEMENT OF SALE AND PURCHASE THiS AGREEMENT is made and entered into by and between BRIDGESTONE INVESTMENTS, INC., a Florida corporation, and/or assigns (hereinafter referred to as -Purchaser") and IRVING GOLDSTEIN and LAWRENCE BEN, as Trusts*, as tenants In common, (hereinafter referred to as "Seller'). WITNESSETH: WHEREAS, Setter is ttie owner of a certain parcel of real property (the "Property's located in Dade County, State of Florida, and being more parUcularty described on Exhibit "A" attached hereto and nude a part hereof by reference containing approximatety thirty-five thousand (35,000) square feet; and WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, which Property shall include, collectively, as applicable, the following: (p all improvements located on the Property and all easements, rights -of -way, tenements, hereditaments, privileges, appurtenances, rights of reverter, servitudes and other rights, belonging thereto or inuring to the benefit of the Seller with respect to the Property, (ii) all licenses, permits, franchises, impact fees, and utility capacity reservation fees issued or collected by any Federal, State or Municipal authority relating to the development, use, maintenance or occupation of the Property, issued or running to or in favor of Seller to the extent that same are assignabio by the Seger, and (wi) all engineering plans, site development plans, soil tests, surveys and specifications, if any, regarding the Property which are in the possession of Seller at the time of execution of this Agreement. it. PURCHASE PRICE AND EARNEST MONEY 2.01 The purchase price (the "Purchase Price") for the Property shall be ONE MILLION FiVE HUNDRED THOUSAND AND NO1100 DOLLARS ($1,500,000.00) payable in the manner set forth in Article III herein below. 2.02 Eamest Money of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) will be deposited in escrow with Tripp, Scott, Conklin & Smith, P.A. (the "Escrow Agent") within five (5) banking days of Purchaser's receipt of a fully executed copy of this Agreement. 2.03 If Pumbaserelects to proceed with the transaction contemplated by this Agreement after the expiration of the Inspection Period referenced in Article Vi hereof, Purchaser shall deposit an additional TWENTY-FIVE THOUSAND AND NO/100 DOLLARS (S25,000.00) wdh Escrow Agent 2,04 As used elsewhere in this Agreement, the terns "Escrow Deposit," "Eamest Money" and "DeposC shall include the original Escrow Money and the additional deposit to the extent that the same has been deposited with Escrow Agent 2.05 Escrow Agent is authorized and agrees to promptly deposit the Escrow Deposit in an interest bearing account with all interest thereon accruing to Purchaser's benefit unless otherwise herein provided. Escrow Agent shall hold and disburse the Escrow Deposit as well as any other funds which may be delivered to d pursuant to this Agreement or subsequent agreement of the parties, in accordance with the terms and conditions of this Agreement or any subsequent agreement In the event of doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent may in its sole discretion continue to hold the Escrow Deposit until the parties mutually agree to disbursement thereof, or until a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Dade County, Florida, and, upon notifying all parties concemed of such action, all liability on the part of Escrow Agent shall fully terminate. in the event of any suit between Purchaser and Seller wherein Escrow Agent is made a party by virtue of acting as such hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, Escrow Agent shall be entitled to recover reasonable attorneys' fees, paralegal charges and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party (notwithstanding that Escrow Agent may represent itself in such proceeding). All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for misdeiivery to Purchaser or Seller of money subject to this escrow, unless such misdelivery shalt be due to willful breach of this Agreement or gross negligence on the part of Escrow Agent. Seller acknowledges that the Escrow Agent ads in the capacity of counsel to Purchaser and waives any objection that it may have with regard to its acting in either capacity. t39 95-- 366 -206 A copy of all letters delivered or mailed by the Purchaser or Seller to the Escrow Agent pursuant to this Agreement shall be sent or delivered simultaneously to the other party to this Agreement Ill. PAYMENT OF PURCHASE PRICE 3.01 The Purchase Price shall be payable as follows: 3.01.1 Ad cash or by wire transfer subject to prorations, adjustments and credit for the Escrow Deposit and aU interest earned thereon at the Closing. IV. CLOSING 4.01 The Closing of the transaction contemplated herein shad be held not later than sixty (60) days after the expiration of the Inspection Period (the "Closing Date" or the "Closing) unless extended by mutual agreement of the parties hereto. The Closing shall be held at the offices of Tripp, Scott, Conklin S Smith, PA, 110 Tower, 28th Floor, 110 S.E. 6th Street. FL Lauderdale, Florida 33301, or at such other location as may be acceptable to both parties. The procedure to be followed by the parties in connection with the Closing shall be as follows: 4.01.1 At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 4.01.1.1 Special Warranty Deed and Trustee's Deed as applicable in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions orconditions as maybe approved byPurchasar after its title examination. 4.01.1.2 Mechanics' Lien and Possession Affidavit 4.01.1.3 Assignment without recourse of all developers agreements, permits, plans and specifications, if any, for the development of the Property. 4.01.1.4 Sufficient funds from the sale proceeds paid by Purchaser to pay any valid monetary liens against the Property. 4.01.1.5 Combined Purchaser -Seller dosing statement. 4,01.1.6 A "non -foreign person affidavit as required by Section 1445 of the Internal Revenue Code. 4 01.13 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment 4.01.2 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 4.01.2.1 Funds payable to the Seller representing the cash payment due in accordance with Article III hereof, subject to adjustment for prorations as hereinafter set forth. 4,01.2.2 Combined Purchaser -Seller closing statement. 4.02 Each party shall be responsible for payment of their own attorneys' fees. Seller, at its sole cost and expense, shall pay at Closing the cost of recording any instruments necessary to clear Seller's title to the Property and the cost of the CRT search provided for in Section 5.01.1 below. Purchaser shall pay for the cost of recording the Warranty Deed including all documentary stamp tax and surtax due thereon. 140 ockl45oL�s�00011go1dst«n.Jt 2 96- 366 j t V. REQUIREMENTS AND CONDITIONS 5,01 Upon execution of this Agreement or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the -Closing: " 5.01.1 The Seller shall, within fifteen (15) days after the date hereof fumish to Purchaser a proforma ownor's title x ommitment written on Commonwealth Land Title Company together with hard copies of ad exceptions shown thereon (the'Tit1e } Evidence"). The Title Evidence shag show in the Seller a marketable title in accordance with title standards adopted from tune to time by the Florida Bar subject only to lions, encumbrances, oxcepWns or qualifications set forth in this Agreement, and those which shall be discharged by Seller at or before Closing. Purchaser shall have until the expiration of the Inspection Period to examine same. if We is found to be unmarketable, Purchaser shag, within said period, notify the Seller in writing, specifying the defects which renders title unmarketable. 5.01.2 Should Purchaser fail to advise Sauer of such objections in Seller's We in the manner herein required by this Agreement, the Irbo shall be deemed accepted. Upon notification of Purchaser's objections to tine, Seller shall have thirty (30) days to make title good and marketable, except for liens for monetary obligations which will be satisfied at Closing. In the event Seller is unable to cure said objections within said time period, at the option of Purchaser, by written notice given to Seller within tan (10) days after the expiration of said thirty (30)-day period: Purchaser may () terminate this Agreement, in which event, the Escrow Deposit, together with any interest eamed thereon shall be retumed to Purchaser and thereupon both parties shag be released from all liabilities and obligations hereunder, or (ii) accept We as it then is, waiving the objection, and Purchaser shall c►ose on the Property. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed that Purchaser has elected subparagraph (4) of this Section 5.01.2. i 5.01.3 During the inspection Period, Purchaser, at its expense, may obtain an accurate and current survey of the Property, by a surveyor licensed in the State of Florida. In the event that the survey shows any encroachments, strips, gores or any portion of the Property noncontiguous to any other portion of the Property, Purchaser shall give written notice of such defect ' to Seller, in which event said defect shall be governed in the same manner and time as objections to the condition of title are dealt with in Paragraph 5.01.2 and the parties shall have the same rights, privileges and obligations as if the defect so specified was a defect in the condition of title which was discovered by examination of the title insurance commitment required by Paragraph 5.01.2 { of this Agreement. The survey shag be certified to the Purchaser and the title insurance company, and meet Vie minimum requirements currently in effect as adopted by the Florida Land Title Association and as currently adopted by the American Land 1 Title Association and the American Congress of Surveying and Mapping and Vie Florida Society of Professional Land Surveyors. + 5.01.4 Within ten (10) days after the date hereof, Seller shall deliver to Purchaser for its review, copies of all f plans, surveys, engineering reports, if any, relating to the Property which are in the possession or control of Seller. VI. INSPECTION PERIOD 6.01 Purchaser shag have one hundred twenty (120) days from the date hereof ("Inspection Period") to determine to Purchaser's satisfaction that: 6.01.1 Soil tests and engineering studies indicate that the Project, defined as a retail/office center (the "Project"), can be constructed on the Property without any abnormal demucking, soil stabilization or foundations. 6.01,2 Adequate water, sewer, electric and other utilities are available at the Property tine, and in connection therewith Purchaser's only expense shag be standard connection charges. 6.011 There are no abnormal drainage or environmental requirements for the development of the Project. 6.01.4 All necessary curb cuts are available. 6.01.5 Current zoning allows the construction of the Project and that no further platting of the Property is required. 6.01.6 Ali necessary permits for the construction of the Project can be obtained without unreasonable delay orexpense. 6.01.7 Construction of the Project will not violate any federal or state environmental protection statutes or regulations including without limitation the following: Clean Air Act, Federal Water Pollution Control Act, National Environmental f Policy Act, Regulations of the Environmental Protection Agency, and Chapters 373, 380 and 403 of the Florida Statutes. i I j k:lworklR50145\00031gddat�in a31 3 i I i 96- 366 6.01.8 Construction of the Project will not violate any existing, pending or threatened rules, regulations, citations, ordinances, orders or statutes of any government or municipal authority. 6.01.9 The Project is feasible in Purchaser's sole and absolute discretion. 6.02 If Purchaser is not satisfied with the results of such investigations, it shall have delivered to Sellerwithin five (5) days after the expiration of the Inspection Period, written notice of is intention to terminate this Agreement If Purchaser terminates this Agreement, the Escrow Deposit, together with any interest earned thereon shall be returned to Purchaser and thereupon both parties shall be released from all liabilities and obligations hereunder. If Purchaser faits to notify Seller in writing of is dissatisfaction as provided herein, i shall be deemed that Purchaser is satisfied with the results of is inspections and the contingencies of this Article VI shad be deemed waived. If Purchaser elects to proceed to Closing, Purchaser shaft deposit the additional deposit sot forth in Paragraph 2.03 with Escrow Agent 6.03 Purchaser and its agents, employees and servants shall, at their sole risk and expense, have the right, upon reasonable prior notice to Seller and without unreasonable disturbance of the tenants in possession of the Property, to go upon the Property for the purpose of surveying and conducting site analysis, soil borings and all other necessary testing. Purchaser shall, in performing such tests use due care and shall indemnify Seiler on account of any loss or damages occasioned thereby and shall restore the Property to the same condition as i was prior to such tests. Purchaser's indemnity and obligation to restore shall survive the termination of this Agreement. 6.04 Seller will cooperate and assist Purchaser, at no cost to Seller, in obtaining the zoning, building and other permits and approvals required by Purchaser, and will execute all documents reasonably required therefor upon request by Purchaser provided no such change shall render the Property or the improvements located thereon a non -conforming use. Vll. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PRORATIONS 8.01 All prorations shall be made as of midnight of the day preceding the Closing. All income, rents, profits, expenses, taxes and insurance shall be prorated between the parties. Ad valorem taxes and assessments next due and payable after Closing on the Property shall be prorated at Closing based upon the gross amount of the 1994 taxes, unless an estimate or tax bill for the 1995 taxes is available. In that event, the 1995 assessment or tax bill shall be utilized to prorate taxes. IX. COMMISSIONS 9.01 Purchaser and Seller do hereby represent and warrant that they or their employees and agents have not contracted for any real estate commissions or similar fees, and that they have not acted in a manner so as to give rise to a claim for any real estate commissions or sumilar fees, to any broker except Wilisch, Huttoe &Associates, Inc., and Teflon, Inc., (collectively 'Broker"), and Purchaser and Seller do hereby agree to indemnify one another and hold one another harmless from and against any such real estate commissions or similar fees, including costs, attorneys' fees and paralegal charges incurred in any lawsuit regarding such commissions and fees except those due to the above -named Broker. The indemnity set forth herein shall survive the Closing of the transaction contemplated by this Agreement. Seller agrees to pay a commission to the Broker pursuant to the terms of a separate agreement. . X. TERMINATION AND REMEDIES 10A1 If Seller fails to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, Purchaser, at is option, may (i) terminate this Agreement by giving written notice of termination to Seller and receive a full and immediate return of the Earnest Money together with any interest accrued thereon and upon submission of invoices, reimbursement of costs expended as a result of this Agreement or (4) seek to enforce specific performance of this Agreement as its sole and exclusive remedy for such failure, Purchaser hereby waiving any and all rights which i may have for damages as a result of Seller's default under this Agreement 10.02 If Seller is not in default in is obligations or agreements, and the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement on the part of Purchaser to be performed, Seller shall be entitled to receive as agreed and liquidated damages the Earnest Money together with any interest accrued thereon as Seller's sole and exclusive remedy for such failure, Seller hereby waiving any and all rights which it may have to specific performance and damages, other than to the Earnest Money, as a result of Purchaser's default under this Agreement 5014SD003WiCslain *31 4 i i 10.03 Upon termination of this Agreement by either party pursuant to any provision of this Agreement, Seiler and Purchaser shall have no further obligation or liabilities one to the other hereunder. I I M04 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs including reasonable attorneys' fees, paralegal charges and all fees and costs through the appellate process. I XL SELLER'S REPRESENTATIONS AND WARRANTIES. 11.01 Seller represents and warrants the following: i 11.01.1 Except for Salter and Purchaser, no party shall at Closing be in or have any right to possession of ag or any portion of the Property. 1 1.01.2 Seller has full right and authority to execute this Agreement and to undertake all actions and to perform I all tasks required of 4 hereunder. Seger is not presently the subject of a pending, threatened or contemplated bankruptcy i proceeding. 11.01.3 On the date this Agreement is signed by the Purchaser and the Seller and continuing throughClosing or the earlier termination of this Agreement, neither Seller nor any of its related entities shall enter into any other option or contract of sale or execute any deeds, easements, or rights -of -way with respect to the Property. j' 11.01.4 As of the date of this Agreement and continuing through Closing, there is no non-profit or profit corporation or property owners' association which govems or administers the affairs of the Property, and no such organization exists i with rights to exert any control over or assess any fees against the Property. 11.01.5 The Seller is not aware of any order, notice, charge, claim, litigation, proceeding or investigation, pending, or threatened against the Seiler, or otherwise, which cannot be resolved prior to or at Closing, which affects We to the Property. I I 11.01A The Seller has received no offi6al notice from any public agency requiring the performances of any work or the making of any repairs or alterations on or about the Property or in the streets bounding the Property, and the Seller has received no order which has been issued by any such authority for the construction, repair or alteration of any public improvement on or about the Property, or the streets bounding thereon, which may be or might become a lien against the Property prior to Closing. I 11.01.7 Between the date of this Agreement and continuing through Closing, Seller shall net mortgage, pledge or subject the Property to a lien or other encumbrances and shall not cause or permit to be placed of record any document or instrument affecting the We to the Property which would prevent the Seller from consummating the transaction set forth herein. 11 01.8 To the knowledge of the Seller, the Property has not been used in the past nor is it presently being used forthe production, handling, storage, transportation, or dtsposal of hazardous ortoxic materials or any other activity which sould have toxic results, and there is no proceeding or inquiry by any authority with respect thereto. 11.01.9 The execution, delivery and performance by Seller of this Agreement is not precluded by, and will not violate, any provisions of any existing law, statute, rule or regulation, or any judgment, order, decree, writ or injunction of any court, governmental department, commission, board, bureau, agency or instrumentality, and will not result in a breach of, ordefauft under, any agreement, mortgage, contract, undertaking or other instrument or document to which Seller is a party or by which Seller is bound or to which Seller or any portion of the Property is subject. 11.01.10 Seller has not entered, nor will it enter, into any agreements or commitments with any person including without limitation any govemmental unit or agency, authority, school board, church or other religious body, or with any other organization, group or individual relating to the Property, which would or might impose an obligation upon Purchaser to make any contribution or transfer of money, land or other property or to install or maintain any improvements with respect to same. 11.01.11 Neither Seller nor someone at the direction of Seller shag take or agree to take any action which would cause any of the Seller's warranties, representations and covenants contained in this Agreement to be untrue, or which would be contrary to any of the covenants, terms and conditions to be complied with, fulfilled and performed by Seller under this Agreement ! 11.01.12 Seller shall promptly inform Purchaser of any notice which it actually receives or actual knowledge which it possesses of any existing or alleged (7 violation of or nonconformity with any law, rule or regulation relating to the Property or Seller to the extent that same affects Seger's ability to perform hereunder, and (i) breach of any of Seller's representations and warranties to be complied with, fulfilled or performed by Seller under this Agreement; and Seger shall promptly cure, correct or obtain the waiver of any such violation, nonconformity, breach or default at its sole cost and expense. k:Wu*u M14510003%9-Zt*-n 031 5 t I 96- 366 11.01.13 The representations and warranties set forth in this Article shall be true on the date of this Agreement and as of the. date of Closing. 11.01.14 Except as specftally contained herein, Seller makes no representations to the Purchaser regarding the Property and the parties acknowledge that the Property is being purchased "As Is XIi. ASSIGNMENT OF AGREEMENT 12.01 Seller agrees that Purchaser may assign this Agreement without Seller's consent Xlll. NOTICES 13.01 Any notice, request demand, instruction or other communication to be given to either party hereunder shag be in writing, and shall be deemed to be delivered upon receipt, addressed as follows: If to Purchaser. BRIDGESTONE INVESTMENTS, INC. 1815 Griffin Rd., Suite 102 Dania, FL 33004 i With a Copy to: Drake M. Batchelder, Esquire TRIPP, SCOTT, CONKLIN S SMITH, PA 110 Tower, 28th Floor 110 S.E. 6th Street Ft. Lauderdale, FL 33301 ' i If to Seller: Irving Goldstein 1 445 Luenga I Coral Gables, Florida 33145 , With a Copy to: Bruce Goldstein f j RYDBERG b GOLDSTEIN, PA 500 East Kennedy Boulevard Suite 200 i Tampa, Florida 33602 If to Escrow Agent: Drake M. Batchelder, Esquire TRIPP, SCOTT, CONKLIN S SMITH, PA i 110 Tower, 2M Floor Ft Lauderdale, FL 33301 13.02 The addresses for the purpose of this Article may be changed by either party by giving notice of such change to the other party in the manner provided herein forgiving notice. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last address and addressee stated herein shall be deemed to continue in effect for all purposes. XIV. CONDITIONS TO CLOSING , 14.01 Purchaser's obligation to close this transaction is specifically conditioned upon the following: 14.01.1 The current tenant shall have vacated the Property as of the Date of Closing. The parties agree to splitthe cost of any cash inducement to such tenant to terminate its lease up to a total of Twenty Five Thousand Dollars ($25,000.00) or such greater amount which is mutually agreed upon. I I 14.02 If any of the above conditions are not sabsfled as of the Closing Date, Purchaser shall have the right to terminate this Agreement orwaNe such condition and proceed to Closing. If Purchaser elects to terminate this Agreement, the Escrow Deposit I' and all interest earned thereon shall be retumed to Purchaser and the parties shall be released of all further liability hereunder. Xv. CONDEMNATION r 15.01 If, prior to Closing, any portion part of the Property shall be taken by condemnation in any proceeding by a public authority or other body vested with the power of eminent domain or shall be acquired by public or quasi -public body for public purpose, or condemnation proceedings therefor shall have been instituted or a notice of condemnation is given, Purchaser may elect k:%w rrkk195014510003tpddsletn.s31 6 i 1 i 96- 366 to cancel this Agreement by giving the other party notice to such effect (a) within thirty (30) days after the Purchaser shall have receNed notipe of such occurrence, or (b) prior to the date of Closing if less than thirty (30) days, and, if Purchaser shall so elect, all parties hereto shall be relieved and released of and from any and all further liability hereunder to each other and to the Broker, and the Escrow Money with all accrued interest thereon shall be refunded by Seller to Purchaser, It no such election to so cancel is given, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any portion of the Property taken by eminent domain or condemnation, shall be effectuated without reduction of the purchase pnce, and Seller shall, at the Closing, assign, transfer and set over unto Purchaser all of Seller's right, title and interest in and to any awards paid or payable for such taking. Prior to the termination of this Agreement due to condemnation, Seller shall allow Purchaser to participate in any and as negotiations relating to such condemnation and keep Purchaser advised of all proceedings and negotiations relating thereto. XV1. MISCELLANEOUS 16.01 This Agreement may be executed in any number of counterparts which together shall constitute the agreement of the parties. The articie headings herein contained are for purposes of identification only and shall not be considered in construing this AgreemenL 16.02 This Agreement and the terms and provisions hereof shall be effective as of the date hereof (as the term is defined in Section 16.05 of this Agreement) and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors and assignees, whenever the context so requires or admits. 16.03 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed by both Purchaser and Seller. 16.04 All references in this Agreement of Sale and Purchase to "the date hereof" or similar references shall be deemed to refer to the date that Purchaser and Seller have executed this Agreement of Sale and Purchase. Unless sooner terminated or withdrawn by notice in writing, this offer to enter into an Agreement of Sale and Purchase shall lapse and terminate at 5:00 P.M. on , 1995, unless, prior to such time, each party has executed this Agreement of Sale and Purchase and caused two (2) fully executed copies of this Agreement of Sale and Purchase to be delivered to the other party. 16.05 Neither this Agreement nor any notice thereof shall be recorded by either party in the public records of Dade County, Florida. 16.06 Pursuant to Florida law, the following disclosure must be made about radon gas: "Radon is a naturally occurring radioactive gas that when R has accumulated in a building in sufficient quantities, may present health risks to persons who ate exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit.' Executed by Purchaser this _ day of May, 1995 Signed, sealed and delivered PURCHASER: in the presence of. Name: BRIDGESTONE INVESTMENTS, INC., a Florida corporation Name: —Harvey S. T.96&r Title: Presiden Address: 18 rrffin Rd.. Suite 102 Dania, FL 33004 lT4W 96- 366 a dreenxnr oy gry 'he other party nodca to such effect (a) within thirty days after the Purchaser shad have received notice of such occurre jr (b) prior to the date of Closing d less than thirty lays, and, t Purchaser shall so elect, all parties hereto shall be felis rnd released of and horn any and all further Gabilit .under to each other and to the Broker, and the Escrow Money with =ad interost thereon shin be refunded by Seller to ..,chaser. N no such election to so cancel is given, this Agroement shall ,,.,r,ain in full to" and osect Ond tine purchase contemplated herein, less any portion of ft Property taken by eminent domain or condemnation, shall be effectuated without reduction of the purchase price, and Seller shall, at the Closing, assign, transfer and set over unto Purchaser all of Seller's right, Us and intarast In and to any awards paid or payable for such taking. Prior to the termination of this Agr'eoirent due to condemnation, Seller shall allow Purchaser to participate in any and all negotiations relating to such condemnation and keep Purchaser advised of all proceedings and negotiations relating thereto. XVI. MISCELLANEOUS 16.01 This Agreement may bo executed In any number of counterparts which together shall constitute the agreement of the parties. The arbc�: headings herein Contained are for purposes of identificabon only and shall not be considered in construhg this Agreement. I L-U This Agreement and the terms and provisions hereof shall be effective as of the date hereof 'as the term is • deflnod in Section 18.05 of this Agroement) and shall enure to the benefit of and be binding upon the parties he:ato and their rrspeciive heirs, executors, personal representatives, successors and assignees, whenever the context so requlrai or admits. 16.03 This Agreement and tie exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covonant not included in this Agreement or any such referenced agreements has been Or is j relied upon by either party. No modification or amendment of this Agreemmnt shall be of any force or effect unless made In wrltlnp i and executed by both Purchaser and Seller. 16.04 AA references in this Agreement of Sale and Purchase to "the date harsol"or similar references shell be deemed to refer to the date that Purchaser and Seller have executed the Agreement of Salo and purches0. Unless sooner lermmaled 8r i withdrawn by notice in writing, this offer to enter into an Agreement of Sale and Purchase shall Lapse and terminate at 5:00 P.M. an 1995, unless, prior to such time, each party has executed this Agreement of Sale and Purchase and caused j two (2) fully exeoutod copies of this Agreement of Sale and Purchase to be delivered to the other party. I 16.05 Neither this Agreement nor any notice tharoof shall be recorded by enter party in the public records of Dade County, Florida, 16.06 Pumuantto Florida law, tthe follovring disclosure must be made about radon gas: 'Radon is a naturally occurring radioactive gas that, when t has accumulated in a budding in sufficient quamWas, may pmsont hoaldh rL to wo are exposed to 0 overtime. Levels of radon that exceed faderal and stator guldolines have b"n found in buildings in Florida. Addibonal information regarding radon and radon testing may be obtained from your county public health unit' 16.07 Execute dQTcnaser this, day ofT 1995. Signed, sealed and delivered PURCHASER: in the presence of BRIDGESTONC INVESTMENTS, INC„ a Florida corporauon i f Name: C Name: Harvey S. Tay , Title: President Address: 1815 ,n Rd., Suite 102 Name -- - Dania, Ft 33004 In the event of any litigation arising under this Agreement, the parties agree that exclusive venue shall be in Broward County, Florida. 7. i kraa1e18501�5`OOpllpoles/e6t.�1t 96- 366 i ' Executed by Setter this day 1995. j SELLER A, -- - - Nir»e: Name: Irving Goldste' j Address: j Nimes, Nam: Name: Bon, as Trustee Address: lvia Name: As Escrow Agent, we hereby acknowledge receipt of the Earnest Money DeposR pursuant to this Agreement for Sale and Purcfiase. ESCROW AGENT: TRIPP, SCOTT, CONKLIN & SMrM, P.A. 8 e: Drake M. Batchelder 7 APPLICATION FOR SPECIAL EXCEPTION Fi 1e vuwber . .+t.n " e :ity jenerally, or .,thin certain Zoning districts. :erta- st^vctures, ises, and/or occuoaricies specified in this im inance are of a nature e*cuir,ng special and intensive review to detimine whether or not tney should be oeruitted in so*cific locations. and ,f so, the soeclal limitations, conditions, and safequa^as dnich should be applies AS reasonably necessary to prowte the general purvo%as of this Zoning Ordinence, and, in particular, to protect adjoining properties MW the neighborhood fro® avoidable potentially adverse offett3. It is further intended that the axpertise aid judge=t of the Zoning Carta be exercised in caking such deterainctions, in aeeordarre® with the rules, considerations w4 1imitation% relating to SOeeial Exceptions. (See Article 16) Forsel public notice end Nearing is amatory for Smial Exceptions. ire Zoning Carta shall be solely r®s�rsiblo for deteruinations on 800lications for SOaciel Exceoti(ms. All applications shall Da rofarrca to the director of the t of Planning, Ouilding MI Zoasirq f©r hiS r==MIdaticTM Md the director shrill rwdteo my further rofori-alz rcquinj by the>so regulations. i Serge Crucke Nomby 00VI + to tho City Of tJi i Zoning Ward for approval of a Spocial EAcogtioa fop pr"rs,--irty 1cCetel at 231 S.W. 81-h Street Mature of Proposed Usa (Be wacific) Special exception for the reduction of reservoir spaces in support of this anlitation, the follouing catcrial is submitted: 1. Two cooies of a survey of thQ pr rty p by a State of Florida Registered Luld Sisr9r. . _ 2. Few copies of: the site plan smuirty (02 rumirvd) propemy boasr+deries, existing (if my) ad prtaoosed structure(s), peritireg. IWAscasing etc; building elevations aaA dimrssions Vd' tatioos of lot area and Ailding 39WRI. ]. Affidavits diselosirq dwem hip of property covered by a"lication and disclosure of inter*lt fore: (attao to q*lieation). A. Certified list of oars of real estate within a 375-fort reafirai of the outside bow4ariel of property coverld by the a*licatich. e. S. At least tiro photogra0s that shade tM entire pr ty 08nd ad i2PMve- -- sots). 6. other (specify) -- 7. Fee of t ®,s to G"1y toward the cost of processing: 14? 96- 366 Special Exception .......................... S650.00 Surcharge equal to applicable fee rrjog ,t a ilaove, 'ot to exceed six nunared and fifty dollars (5650) except "Os agencies of the city; such surcharge to be refunde4 to the applicant if there is no appeal from a property owner within thrtq hundred and seventy-fivo (375) feet of the suhjtct property. (City Cads: - Section 62.51) Signature ut��tz� Agar�t - pm Serge Crucke Address 311 Lee Street, #8, Hollywood STATt OF FLORIDA) SS: ' COUNTY Of X) -- Serge Crucke being duly sworn, depses mW say$ that he is the ;Owner (Authorized Agent of Owmr) of the real pr rty described in ansiver to question t1 above; that he has read the foreainq anstmrs aM that th* sa- true aw comlets. arrd (if acting as anent for oeW) that he has autmeitgto to is Petition on I behalf of the air'. I �XEerge Cruck ALITIO-I'v A. SWORN TO AN MMI50 before is this day o9 •1_ I 11ot&ry p o14e. Stitt of Floridik at urw lty Co®ission Expirm ROSE A. CASTLE CMaQSWN Wvft tom* rs, i9% uftd Timm scary Pbt* tknferWmm 9�- 366 i j i i AFFl0AV1T ;'Art :c :i ^,AI;,A } :Ouarr OF :AOE } Before gee, the linden igned authority, this day Personally appeared i Serge Cruc e , who being by a fiat duly swam, upon oath, deooses i and says: i j 1. net he is the over, or the legal reprosantatiee of the orner, suboitting the SCCOMWying applications for a public heerirm as required by ordinance 11000 of tho CoAo of tho City of pi i, Florida, affecting the real property located in tho City of Hicni, as doseribcd mI listd an the pages attached to this affidavit cad r-.MQ o part the rc4f. 2. rhat all a ors aich hQ r-QDcQ&Gnts, if Lqy, have given thoir full and eooviete p4rzis3ion for hie to e;Lin thoir bzAalf for tip choiga or wdifica. ;ion of a classification or rvqulation of aonirq as set out in the OCCOM lying petition, i 3. That tN paM Attedd hereto aM ate A part of this affidavit contain the current Maws, nailing actresses, r$ OW 1e941 descriptions for the the real prapM oil Mich he is tM QWW w 1 1 r°eipresMMiM 111+ e. The facU as ropmentd in the a l ication a w 60cumts subai tted in con,jidetion vith this affidavit are tnse rlsnsi correct. ' Further Affiant sayarth not. I (SEAL) i ge Cruc e I ' i Sworn to ark SubscribW before ' +!'!, Jil, this %J�,� deer o� r` , lii ��" ROISE A. CASTLE �.�.n, MY COMMISSION 0 CCU /67/ '• EXPIRES: Ocu�ber 15, 1998 W40d rntu WM Puab[C lk�deoMtte+s NOtaf' Polic, State of Florida at LAM y5— 366 NNER'S ;EST lrnfr s .mene Serge Crucke Vailing addrm 311 Lee St raai - Ant #R� Nnl ��rwnnrl� �� 't I fOROne Number 6egal Oescription: Lot 16, Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41, of the Public Records of Dade County Florida. Owner'! Naafi Mailing Address Telephone Numkr �m Legal Oescription: Owner'9 Nam Mailing Addrvss Telephone Nor Legal Description: Any other real estate property omW individually, jointly, or severally (by corporation, partnership or privately) within 375 fast of the SAJ ect sits is listed) as follow: Street Address Legai Description N/A Street Address StreNs3 Al61r9s8 Legal Description Lsgal D"Criptiom 96 - 366 F DISCLOSURE OF ^YNERSHIP _egal description and strut address of subject *ai property: Lot 16, Block 51 South, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", Page 41, of of the Public Records of Dade County, Florida. 2. der(%) of Subject Nal 0moorty and Rartefttagm of owership, Note: City of giamt Ordinance ass. 9419 rm irea disclosure of all parties narirq a financial interest• either direct or indirect, in the subjett natter of a pre+tentation, r"uest or petition to the City Comission. accordingly, question 02 rmires disclosure of snareiWders of corporations, Den®ficiarios of trusts, vW/or any other interested parties, together rith their addresses W4 proportionate intsr"t. Serge Crucke 100% owner 3,. 4*141 description an4 street address of any real progeny (a) mmM by any party listed in answer to qutsti*M $2, a4 (b) located witAin 373 feet of the subject real property. N/A er �-- e Trg e �1 tVl'd ri. Lt;t'ti - • STAT[ OF FLORIDA } SS: COUNTY OF AWX } Setae=_( rri3r-k , being alesly Tworn, df0101 ao owl that hoe is tm (Qwner) (AttorM for' Oar) 0 the real progeny descrim Ise ae►sW to gwstion /I. e; that he halt road the ing aRvmm am that the saw in tm" anal comlete; and (if actifq a attor" for aster) thet he Ross mttin*i sicermte the Disclosure of Ownership fors an Ddilalf•of tho oe"r. ;% SWORN TO Ana SUtSCRIM j before a this day of my COIISSION uptm., t (SEAL) Serge C u e(mn) do N®tW7 PAlic, State of Fta: "A at Lugo t i:&�. MIR A. CASTLE MY COMMISSION 0 CC 992M 15.3 r� EXPIRES: oMbor 15,19� `er; • $ Banded rnru rotary Pubk una a C) ii got, t, r L) I n, L y 1414, V f11Lv ILL_VJ :J •.L V.+vV 1 I. Va I I/ .. -. .... ...bw . . ♦- 15+ ZaX r No.:01-0205-010-1170 orr Retunt to: `� °Ec;1'7o2s. A8 ROBMr 0. FEIJSI'P s'IO zB, �. 1301 S. Oman Drive 1allandale, FL 33009 This Instnurent 4,ets prepare d by NnIT, A. HlLnST%IE, FSQ. 1250 E. Hallandale Beach Blvd. Suite 806 Hallandale, Florida 33009 9*4f•2'. i 13 333 1995 DEC 15 03c42 DOW PHE 1r500.00 9URTX 1112$.00 HARVEY PUMIP CURK DADE G011NTY► Ft. WARRANTY DEED (STAWMRY FORM -- SMMON 689.02, F.S.) Thin J.nderrhure, made this 17 day of Novmber, 1995, Zetgam ICATY am m ym, a rarr.ied uman of 1985 S. Ooean nrive, 123 X, Halltar4ale-, FL 33009 Party Of The Firm Part*, and SERGE CRUCKS c/o Max Chan of P_0_BOX 22-0722, _ H o l l y coo o d, F l O r_ i dL 3 3 0 2 2_ , Party Of 'iha S0=4 Part*, Witr,erseth that raid Party Of The First part, for " in consideration of the stun of Teri ($10.00) Dollars, to him in harts paid by said Party Of TTho Sec"xi Part, the receipt whereof is hereby admowledgW, has grantod, borgaix)9d and told to the said Party Of 'The ;;coax] Part, ar4 his heirs w-KI assig1w forever, the following described larx3, ni,tuate in Dade Caanty, Irler•ida, to -wits, Lot 16, Block 51 SoWJI, Of Cr11' OF MIAMI, aaccmding to tfie Plat thenof, as roan-dod in Plat Boric IIB", at Fago 41, in the Public surds of Dekda Caurty, Fl.c ride. 5UB.T= TO: 1. Taxes for the cxv.,reat yr ar and sulrqt ye=; 2. C mremrtts, eauari tts, restrictiora, resctvations, agre ents, lizi.katioro, conditims, hAlding and zoning ordina yeses of reoo d, if any. 3. Other natters ap-epxIng on the Plat "/err cxmnoci to the subdivision. vision. 4. Purchases MUtu-y FIract: Hartrage in favor of 'KATY C]iA2•I p1K YUt3i. N.B. Mia subject property is vacant lam and has maver born the hnrr> Lead property of KIt2'Y CHAN P11C Y'UI i. KATY CHAR PIK YUEN hna; Also been known as CHAN PIK YUEN KATYI ard said Party of The Firm- 1>a7.i: does herdV fully warremt the title to said lalxl, and will defers the same against the lawful claims of all persons wi x=cever . "Party of The First Bart and Party Of The Seoorxi Part are used for singular; or plural as context requires" In Witnebs Whereof, Party Of The First Part has hereunto Het his hand and taeal the day and year first: above written. Witnesses to both laartiss (if any): (mil) WITNV-qg glaw NAM MT'Y earl PU YUM WIRMSS P12727T AtCO►orb tN alr ICIAPARCO/bl t10" Or0A0ICOUNi9,r10"A- I3JESS STGN NAME 4 WOO YCA110 w HARVEI RUVIN ackK C16CUrr COUIR WrrNFSS PRFNr NAME t STATE OF FIARIDA OOMrY OF BROWARD The forogoing instxaTmt was acknowledged before me this clay of November, 1995 by MLY aM PIK YUEN who produced a British Tassport as ident#icaxion and did take an oath. My cc:aniasion c+xpires: NOTARY +�s NEIL A. MILESTONE �" •, hn oolwnEstai r or�Tbb� txPt�s � C N�EIi � A ,M21�STt3N1~ _ te.1999 State of Florida at Lar� a Q,Qr „ e0FOt01trtU tMYIMIIwurtVAlI IM0. 96 - 366 00 ..IM ae.:60 nHl 94—bL—NHr r AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BRIDGESTONE INVESTMENTS, INC., a Florida corporation and/or assigns (hereinafter referred to as "Purchaser") and SERGE CRUCKE (hereinafter referred to as "Seller"). WI TN ESETH: WHEREAS, Seller is the owner of a certain parcel of real property (the "Property") located in Dade County, State of Florida, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference containing approximately seven thousand five hundred (7,500) square feet more or less. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, which Property shall include, collectively, as applicable, the following: (i) all improvements located on the Property and all easements, rights -of -way, tenements, hereditaments, privileges, appurtenances, rights of reverter, servitudes and other rights, belonging thereto or inuring to the benefit of the Seller with respect to the Property, (ii) all licenses, permits, franchises, impact fees, and utility capacity reservation fees issued or collected by any Federal, State or Municipal authority relating to the development, use, maintenance or occupation of the Property, issued or running to or in favor of Seller to the extent that same are assignable by the Seller, and (iii) all engineering plans, site development plans, soil tests, surveys and specifications, if any, regarding the Property which are in the possession of Seller at the time of execution of this Agreement. II. PURCHASE PRICE AND EARNEST MONEY 2.01 The purchase price (the "Purchase Price") for the Property shall be THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000.00) payable in the manner set forth in Article III herein below. 2.02 Purchaser shall, within three (3) business days after receipt of a copy of this Agreement signed by the Seller, deliver to Alton A. Linn, Jr., Esquire, ("Escrow Agent") a Deposit of TWENTY THOUSAND AND NO/100 ($20,000.00). 2.03 As used elsewhere in this Agreement, the terms "Escrow Deposit - "Earnest Money" and "Deposit" shall include additional deposit to the extent that the same has been deposited with Escrow Agent and all interest earned thereon. 2.04 Escrow Agent is authorized and agrees to promptly deposit the Escrow Deposit in an interest bearing account with all interest thereon accruing to Purchaser's benefit Escrow Agent shall hold and disburse the Escrow Deposit as well as any other funds which may be delivered tQ it pursuant 950145\0001\chan-P&S.A05 /5r 96- 366 I i to this Agreement or subsequent agreement of the parties, in accordance with the terms and conditions j of this Agreement or any subsequent agreement. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent may in its sole discretion continue to hold the Escrow i Deposit until the parties mutually agree to disbursement thereof, or until a court of competent jurisdiction j shall determine the rights of the parties thereto, or it may deposit ail the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Broward County, Florida, and, upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully terminate. In the event of any suit between Purchaser and Seller wherein Escrow Agent is made a party by virtue'of acting as such f hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, Escrow Agent shall be entitled to recover reasonable attorneys" fees, paralegal charges and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party (notwithstanding that Escrow Agent may represent itself in such proceeding). All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for misdelivery to Purchaser or Seller of money subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or gross negligence on the part of Escrow Agent. Seller acknowledges that the Escrow Agent acts in the capacity of counsel to Purchaser and waives any objection that it may have with regard to its acting in either capacity. 2.05 A copy of all letters delivered or mailed by the Purchaser or Seller to the Escrow Agent pursuant to this Agreement shall be sent or delivered simultaneously to the other party to this Agreement. III. PAYMENT OF PURCHASE PRICE 3.01 The Purchase Price shall be payable as follows: 3.01.1 All cash or by cashier's check drawn on a local bank subject to prorations, adjustments and credit for all Deposits and all interest earned thereon at the Closing. i ` IV. CLOSING i 4.01 The Closing of the transaction contemplated herein shall be held not later than May 10, 1996 (the "Closing Date" or the "Closing") unless extended by mutual agreement of the parties hereto. The Closing shall be held at the offices of Tripp, Scott, Conklin & Smith, 110 Southeast Sixth Street, 110 Tower, twenty eighth floor, Fort Lauderdale, Florida, 33301, or at such other location as may i be acceptable to both parties. The procedure to be followed by the parties in connection with the Closing shall be as follows: 4.01.1 At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 4,01.1.1 Warranty Deed in the form attached hereto as Exhibit "B" f in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: i (a) The lien for current taxes and assessments, (b) Such other easements, restrictions or conditions as may be approved by Purchaser after its title examination. 950145\0001\than-P&S.A05 2 96- 366 4.01.1.2 Mechanics' Lien, Possession and FIRPTA Affidavit in the form attachedbereto as Exhibit "C". 4.01.1.3 Assignment without recourse of all developers agreements, permits, plans and specifications, if any, for the development of the Property. 4.01.1.4 Sufficient funds from the sale proceeds paid by Purchaser as determined by Escrow Agent to pay any valid monetary liens against the Property. 4.01.1.5 Combined Purchaser -Seller closing statement. 4.01.1.6 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment any costs to be paid by Purchaser. 4.01.2 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 4.01.2.1 Funds payable to the Seller representing the cash payment due in accordance with Article III hereof, subject to adjustment for prorations as hereinafter set forth. 4.02 Each party shall be responsi for payment of thei >� n attorneys' fees. Seller. at its sole cost and expense, shall pay at Closing documentary stamp taxes relating to the recording of the Warranty Deed, the cost of recording any instruments necessary to clear Seller's title to the Property and the cost .of the title search provided for in Section 5.01.1 below. Purchaser shall pay for the cost of recording the Warranty Deed and the surtax. V. REQUIREMENTS AND CONDITIONS 5.01 Upon execution of this Agreement or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 5.01.1 Purchaser has received and reviewed Chicago Title Insurance Company Commitment 95-0145.0001 dated May 24, 1995 at 11:00 p.m. and accepts title subject to (a) all requirements under Schedule B-1 being satisfied prior to Closing and (b) no intervening encumbrances being recorded prior to Closing which were not approved by Purchaser in its sole discretion. VI. INSPECTION PERIOD 6.01 Purchaser acknowledges that it has completed its inspection of the Property. Upon confirmation that the Warranty Deed, and Owners Affidavit (copies of which are attached hereto as Exhibits "B" and "C") have been duly and legally executed, witnessed and notarized and returned to the Escrow Agent for delivery at Closing, Escrow Agent is authorized and directed to deliver the Deposit of $20,000.00 to Seller. Such Deposit shall be considered at risk but shall be applied to the Purchase Price at Closing. If the aforementioned Warranty Deed and Owner's Affidavit are not returned by January1996, Escrow Agent shall return the $20,000.00 Deposit to Purchaser and this Agreement, at the option o e urchaser, shall be null and void and of no further force and effect. i 6.02 Purchaser and its agents, employees and servants shall, at their sole risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analysis, 950145\0001\chan-P&S.A05 3 IS l .I 96-- nag soil borings and all other necessary testing. Purchaser shall, in performing such tests use due care and shall indemnify*Seller on account of any loss or damages occasioned thereby. 6.03 Seller will cooperate and assist Purchaser, at no cost to Seller, in obtaining the building and other permits and approvals required by Purchaser, and will execute all documents reasonably required therefor upon request by Purchaser. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII, PRORATIONS 8.01 Ad valorem taxes and assessments next due and payable after Closing on the Property shall be prorated at Closing based upon the gross amount of the 1995 taxes, unless an estimate or tax bill for the 1996 taxes is available. In that event, the 1996 assessment or tax bill shall be utilized to prorate taxes. IX. TERMINATION AND REMEDIES 9.01 if Seller fails to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, Purchaser, at its option, may terminate this Agreement by giving written notice of termination to Seller and receive a full and immediate return of all Deposits made hereunder whether to Seller or Escrow Agent together with any interest accrued thereon, if any, or Purchaser may seek to enforce specific performance of this Agreement as its sole and exclusive remedy for such failure,:, Purchaser hereby waiving any and all rights which it may have for damages as a result of Seller's default under this Agreement. 9.02 If Seller is not in default in its obligations or agreements, and the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement on the part of Purchaser to be performed, Seller shall be entitled to receive as agreed and liquidated damages the Earnest Money together with any interest accrued thereon as Seller's sole and exclusive remedy for such failure, Seller hereby waiving any and all rights which it may have to specific performance and damages, other than to the Earnest Money, as a result of Purchaser's default under this Agreement. 9.03 Upon termination of this Agreement by either party pursuant to any provision of this Agreement, Seller and Purchaser shall have no further obligation or liabilities one to the other hereunder. 9.04 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs including reasonable attorneys' fees, paralegal charges and all fees and costs through the appellate process. X. SELLER'S REPRESENTATIONS AND WARRANTIES. 10.01 Seller represents and warrants the following: 10.01.1 Except for Seller and Purchaser, no party shall at Closing be in or have any right to possession of all or any portion of the Property. 10.01.2 Seller has full right and authority to execute this Agreement and to 950145\0001\than-P&S.A05 4 96- 366 undertake all actions and to perform all tasks required of it hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.01.3 On the date this Agreement is signed by the Purchaser and the Seller and continuing through Closing, neither Seller nor any of its related entities shall enter into any other option or•cantf-act of sale or execute any deeds, easements, or rights -of -way with respect to the Property. 10.01.4 As of the date of this Agreement and continuing through Closing, there is no non-profit or profit corporation or property owners' association which governs or administers the affairs of the Property, and no such organization exists with rights to exert any control over or assess any fees against the Property. 10.01.5 The Seller is not aware of any order, notice, charge, claim, litigation, proceeding or investigation, pending, or threatened against the Seller, or otherwise, which cannot be resolved prior to or at Closing, which affects title to the Property. 10.01.6 The Seller has received no official notice from any public agency requiring the performance of any work or the making of any repairs or alterations on or about the Property or in the streets bounding the Property, and the Seller has received no order which has been issued by any such authority for the construction, repair or alteration of any public improvement on or about the Property, or the streets bounding thereon, which may be or might become a lien against the Property prior to Closing. 10.01.7 Between the date of this Agreement and continuing through Closing, Seller shall not mortgage, pledge or subject the Property to a lien or other encumbrances and shall not cause or permit to be placed of record any document or instrument affecting the title to the Property which would prevent the Seller from consummating the transaction set forth herein. 10.01.8 To the knowledge of the Seller, the Property has not been used in the past nor is it presently being used for the production, handling, storage, transportation, or disposal of hazardous or toxic materials or any other activity which could have toxic results, and there is no proceeding or inquiry by any authority with respect thereto. 10.01.9 The execution, delivery and performance by Seller of this Agreement is not precluded by, and will not violate, any provisions of any existing law, statute, rule or regulation, or any judgment, order, decree, writ or injunction of any court, governmental department, commission, board, bureau, agency or instrumentality, and will not result in a breach of, or default under, any agreement, mortgage, contract, undertaking or other instrument or document to which Seller is a partyor by which Seller is bound or to which Seller or any portion of the Property is subject. 10.01.10 Seller has not entered, nor will it enter, into any agreements or commitments with any person including without limitation any govemmental unit or agency, authority, school board, church or other religious body, or with any other organization, group or individual relating to the Property, which would or might impose an obligation upon Purchaser to make any contribution or transfer of money, land or other property or to install or maintain any improvements with respect to same. 10.01.11 Neither Seller nor someone at the direction of Seller shall take or agree to take any action which would cause any of the Seller's warranties, representations and covenants contained in this Agreement to be untrue, or which would be contrary to any of the covenants, terms and conditions to be complied with, fulfilled and performed by Seller under this Agreement. 10.01.12 Seller shall promptly inform Purchaser of any notice which it actually receives or actual knowledge which it possesses of any existing or alleged (i) violation of or nonconformity 950145\0001\than-Ph5.h05 5 1er. with any law, rule or regulation relating to the Property or Seller to the extent that same affects Seller's ability to perform hereunder, and (ii) breach of any of Seller's representations and warranties to be complied with, fulfilled or performed by Seller under this Agreement; and Seller shall promptly cure, correct or obtain the waiver of any such violation, nonconformity, breach or default at its sole cost and expense. 10.01.13 All utility services are available and are contiguous to the boundaries of the Property in such capacity as required by Purchaser's proposed Project. 10.01.14 To the best of Seller's knowledge, there are no restrictions or covenants encumbering the Property which would prevent Purchaser's contemplated use of the Property. 10.01.15 Seller has not conveyed any part of the Property to any government entity or quasi -governmental entity for road right-of-way or streets or for other public use. 10.01.16 The representations and warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Xl. ASSIGNMENT OF AGREEMENT 11.01 Seller agrees that Purchaser may assign this Agreement without Seller's consent. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, and shall be deemed to be delivered upon receipt, addressed as follows: If to Purchaser. Bridgestone Investments, Inc. 1815 Griffin Rd., Suite 102 Dania, FL 33004 With a Copy to: Drake M. Batchelder, Esquire Tripp Scott Conklin & Smith 110 Southeast Sixth Street 110 Tower, Twenty -Eighth Floor Fort Lauderdale, Florida 33301 If to Seller: Serge Crucke Post Office Box 22-0722 Hollywood, Florida 33022 With a Copy to: Alton A. Linn, Jr., Esquire 1500 E. Atlantic Boulevard Pompano Beach. Florida 33060-6769 If to Escrow Agent: Alton A. Linn, Jr., Esquire 1500 E. Atlantic Boulevard Pompano Beach, Florida 33060-6769 12.02 The addresses for the purpose of this Article may be changed by either party by giving notice of such change to the other party in the manner provided herein for giving notice. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last address and addressee stated herein shall be deemed to continue in effect for all purposes.' 950145\0001\than-P&S.A05 6 96- 366 r XII1. CONDITIONS TO CLOSING 13.01 Purchaser's obligation to close this transaction is specifically conditioned upon the following: 13.01.1 No moratoriums exist which prohibit the commencement of construction i of the Project or which prohibit the obtaining of a certificate of occupancy if the Project were completed. i 13.02 If any of the above conditions are not satisfied as of the Closing Date, Purchaser shall have the right to terminate this Agreement or waive such condition and proceed to Closing. If Purchaser elects to terminate this Agreement, the Escrow Deposit and all interest earned thereon shall be returned to Purchaser and the parties shall be released of all further liability hereunder. XIV. CONDEMNATION 14,01 If, prior to Closing, any portion part of the Property shall be taken by condemnation in any proceeding by a public authority or other body vested with the power of eminent domain or shall be acquired by public or quasi -public body for public purpose, or condemnation proceedings therefor shall have been instituted or a notice of condemnation is given, Purchaser or Seller may elect to cancel this Agreement by giving the other party notice to such effect (a) within thirty (30) days after the Purchaser shall have received notice of such occurrence, or (b) prior to the date of Closing if less than thirty (30) days, and, if Purchaser shall so elect, all parties hereto shall be relieved and released of and from any and all further liability hereunder to each other and to the broker, and the Escrow Money with all accrued interest thereon shall be refunded by Seller to Purchaser. If no such election to so cancel is given, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any portion of the Property taken by eminent domain or condemnation, shall be effected without reduction of the purchase price, and Seller shall, at the Closing, assign, transfer and set over unto Purchaser all of Seller's 1 right, title and interest in and to any awards paid or payable for such taking. 1 Xv. MISCELLANEOUS i l 15.01 This Agreement may be executed in any number of counterparts which together shall 1 constitute the agreement of the parties. The article headings herein contained are for purposes of identification only and shall not be considered in construing this Agreement. ti 15.02 This Agreement and the terms and provisions hereof shall be effective as of the date hereof (as the term is defined in Section 15.05 of this Agreement) and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors I and assignees, whenever the context so requires or admits. i j 15.03 Purchaser shall make available to Seller copies of all tests and studies conducted during i the inspection period. Purchaser shall make available to Seller copies of plans prior to submission to the I city or other building departments. 15.04 This Agreement and the exhibits attached hereto contain the entire agreement between j the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed by both Purchaser and Seller. 15.05 All references in this Agreement of Sale and Purchase to "the date hereofor similar references shall be deemed to refer to the date that Purchaser and Seller have executed this --Agreement 950145\0001\than-P&S.A05 7 l f of Sale and Purchase. Unless sooner terminated or withdrawn by notice in writing, this offer to enter into an Agreement -of Sale and Purchase shall lapse and terminate at 5:00 p.m. on January 5, 1996, unless, prior to such time, each party has executed this Agreement of Sale and Purchase and caused two (2) fully f executed copies of this Agreement of Sale and Purchase to be delivered to the other party. ' EXECUTED by Purchaser this l day of S �+�, 1996. WITNESSES: PURCHASER: BRIDGESTONE INVESTMENTS, INC. a Florid corporation n —16 B Name: RVEY S. TAYL R Title: PRESIDENT v EXECUTED by Seller t ois— day of 1996. WITNESSES: SELLER: SERGE CRUCKE By: Name: through Power of Attorney i fAs Escrow Agent, Uereby acknowledge receipt of the Earnest Money Deposit pursuant to this Agreement for Sale and Purchase. I ESCROW AGENT: ALTON A. LINN, JR., ESQUIRE han-P&S.A05 8 I i I 96- 366 1