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Home My WebLink AboutR-87-07540 9 J-87-665(b) 7/1/87 RESOLUTION NO. Y' A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO REVERSE THE DECISION OF THE ZONING ADMINISTRATOR TO ALLOW THE ISSUANCE OF A SIGN PERMIT FOR AN ON -SITE SIGN TO BE LOCATED AT 100 BISCAYNE BOULEVARD, PURSUANT TO SUBSECTION 2025.1.5 OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI. WHEREAS, the Miami Zoning Board at its regular meeting of June 15, 1987, Item No. 3, following an advertised hearing, adopted Resolution ZB 77-87 by a 6 to 3 vote, reversing the decision of the Zoning Administrator to allow the issuance of a sign permit for an on -site sign to be located at 100 Biscayne Boulevard, Miami, Florida in accordance with subsection 2025.1.5 of Ordinance No. 9500, the Zoning Ordinance of the City of Miami; and WHEREAS, the applicant for the sign permit has taken an appeal to the City Commission from the Zoning Board's decision; and WHEREAS, the City Commission, after careful consideration of this matter finds that the requirements for an on -site sign as set forth in subsection 2025.1.5 of Ordinance No. 9500, the Zoning Ordinance of the City of Miami have not been met and further finds no other basis for granting the appeal; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The decision of the Miami Zoning Board to reverse the decision of the Zoning Administrator to allow the .�j+ i 1 r i % A Q 1z (pi Cis to be located at ant to subsection nance of the City CITY COMMISSION MEETING OF JUL 23 1987 L ON No.: s 2 PASSED AND ADOPTED this 23xd day of July ATTEST: -yi�-✓�- MATTY HIRAI IER L. SUI CITY CLERK MAYOR PREPARED AND APPROVED BY: APPROVED S TO FORM AND CORRECT SS: zv G. MIRIAM MAER LUCI' .- DOUGHE Y ASSISTANT CITY ATTORNEY CITY ATTORNEY GMM/rcl/M478 .1987. -2- 0 a Pz=5 APPEAL BY APPELLANT LOCATION 100 Biscayne Boulevard APPELLANT IRE Real Estate Fund Ltd. c/o Eugene E. Stearns, Esq. Museum Towers 150 West Flagler Miami, FL 33130 Phone ii 789-3200 REQUEST Appeal by an aggrieved party of the Zoning Administrator's decision to allow the issuance of a sign permit at 100 Biscayne Boulevard. RECOMMENDATIONS ZONING ADMINISTRATOR Recommend denial of appeal. Sign permit revoked after a question arose as to compliance with Section 2025.1.5 sign, onsite. After proof was submitted by Centrust that the proposed sign in fact related to accomodations, services, or activities on the premise and after furnishing documentation of approval by the owner of the building, permitting erection of sign on building, the sign permit was reinstated. PUBLIC WORKS No comment. BADE COUNTY PUBLIC WORKS No comment. ZONING BOARD At its meeting of June 15, 1987, the Zoning Board adopted Resolution ZB 77-871, by a 6 to 3 vote, granting the appeal (overturning the decision of the Zoning Administrator). Two proponents and two opponents were present at this meeting. APPEAL Letter dated June 25, 1987 was received from attorney for aggrieved party, Centrust Savings Bank, appealing the above. �ry�ro ►— • !u . 9 V WORLD TR'A' N_E_ 4 S T. DARE VNO. 1 s 3 2 I L] ",I u IN 21 1i 1i ♦ ., 20 �E. 3 ST. dommv, MFA�M'm ID 14 Is Is I7 1• 19 20 1 22 Q I Fkn:i L�V N.E. 1 S W 3 Z111 4 ! • 7 • ♦ 2 1 N6 12.13 14 I• I t 1► n . •• 1 -. 1 .. . • \h 2s 24 C 23 W a r"7 Y Ns Ur I ■ G L E E. FLAGLER I 1!2 3$a io0 [ , N W FCHARTER I?0 ` 21 i2 sue. Z00 Cn N S N IT 9 ' ?y TRACT A 152 � zoo --•--1 S.E. i ST_ •'�'-gyp • - P D _ HC 26 I7 a 19 0C.�. 409 ZB 6/15/87 A$ 36 T S. E. 2 S T. Item �13 AP Q-3 100 Biscayne gou, ""r N, It 40. d _77 A. jm! ;rr 'Or 44. -..y 1-d , YY ST U; > 4 11111 veartni suu I -LUUUA a tTr X &woo 'WS Cn 7 AM"W"Itt I OU.1 ti I rid s. — -4,. ST UE of ,pw TA 7W. 4, 30 ZB 6/15/87 AS 36 Item 3 AP Q-3 F.- 100 Biscayne Boulevard = 04; � 1=2A w "-; P-7 1! 87—1'0 j .. �'1 LJ Janet P. Ade@04 .Mork I. Aronson Charity M. Au&mder Sondra 1. Babey. Whitman Brien Belt Wiibam I. Berke► Paul Berkou-W main 1. Black MisclteG A. Bloombnt Cary S. Braoln Anthony 1. Cat'"W o Marfiyn 1. W. cuareno Robert A. Claw Sad Cimbka Gary I. Cohen Bnrx ley Golan Fine Jacobson Schwartz Nash Block & England Kevin M. Emu Arthar I. Englead. If. rem B. Fein G. 1 Fereande•Quir"M Marten FW Kenneth N. Frankel Alen L. Gabr41 low L. Guarre Mervin C. Gutter Dennt+ A. Haas Gerold r. Heffernan Stephen I. Hallman Burt S. Heilman Sera Barb Hadd mid" I. Hier Stuart K. Hoffman One CenTrurt Financial Center 100 Sow hens 2nd Street Mlonit; Florida 33131 (305) 577-4000 Cable FLORIDALAW Telex 522720 HAND DELIVERY Ms. Gloria Fox, Director Hearing Board Section City of Miami Planning and Zoning Boards 275 N.W. 2nd Street Miami, FL 33130 Beraerd laeobwn Aieherd A. l0WPh ► Andre S. Kerns rhaodo►e KUM Steven M. KW~ Peter A. Lakrtes 1 Phlbp LanMnan Henry Ls~ Gary D. Lipson Bonnie L wk limenez C~ N. McDowell Charles E. Muner 11 Martin I. Nash WBLam !ay Palmer Oil" B. Parke+ Game I. Plan June 25, 987 Re CenTrust Sign for 100 N. Biscayne Boulevard Dear Gloria: Rewcah 1_ Poston Stanlry B• P►kt it Barbaro AaaaLI Change D. Aubm Thomas fluff n III B. Lesue Schorlman Ben►amin S. Schwartz l""h K Saroto David M. Silbe rtan Stuart L. Simon Lynn D. Solomon Richard lay War Linda Ann WA Julie A. S. Wdliamron The purpose of this letter is to appeal the June 15, 1987 decision of the City of Miami Zoning Board in connection with the "CenTrust" sign on the building located at 100 N. Biscayne Boulevard. Specifically, the purpose of this letter is to request that you schedule a Hearing of this appeal before the City Commission. Thank you for your attention to this matter and if you have any questions or need additional information please do not hesitate to contact me. SJH:sm 11276.0029 Sincerely, Stephen J. Helfman Ft. Lauderdale Office 750 Southeast 3►d Avenue Ft. Lauderdale. Florida 33316 1305)462.2800 If Cable FORTIAK' 87-7'— e STEAW S WEAVER M LLEB WEISSLER ALKA.nErF & SITTEBSOti. P. A. ••-SC-v =AEP S= ^ES- r_.;6.E0 S-oEE- %CLAba. FLORMA, 33130 E a =-.a= •_-.=Err -_ SE _ •_.E� _.watt=E_ 6'.'• S• sE' %E" S-S•♦ r_E--.� Dt%%E" a C-.o-- . aa.S=- -Ca. •o.F_..5•• _.. at •..t•=uo.w.• Sr-- --Cw•S =M• %C --o S-ca..to • =C`n. .CS- t seats- E..rs i..r .. Opt r CM.-G MGSt•+.a• ro. a.E. r-.w.• _[S'CM _CS-C ti .E.. E t -•�..• GtCMGt 'C001 C - %G••Crren S..S.w .t. %E as AN - *Coca- & An. -:S -e3 3Z=_ . E_F■ �`3c •C_E�-a Cori. �: • '93 =335 '9r __vE :... ==E-- ...-=r C a ..E%c%C£S roa= 5== _ wc%t%=r7 •_ S=% w w ._Ca =C.ES'E ..Coo S --♦ ♦ -�-o."ES S"EE . M- PS S-E.E%: 8.8 % - ww.o E S r•'.• -a- S - S -'EMS:, :.v C SwC.•ta M.a• 0 sc.7v :&me. .v SCMC' t-CtrtC S-E.atiS Ca. : CDw.MO -•• • S-C %"A% ETA&M= • S.-Ea' •o.:rCa: SN•tiG .E%% S a ', etiCM Mc•...o . wt.VcM Mesta' At SS -Ea a.'a.C-. G r.t.-ir. --C-AS a• - A, --.wS v.a- % a Acecss Miriam G. Maer, Esq. Assistant City Attorney 169 E. Flagler Street Miami,*Florida 33131 June 22, 1987 owe" A ratto •CM�Oa COUMatI swo. err _r S- -C 33== :%E ••wo. _ . :C% re ==S' 'rr =E St. 32➢O e 3 2z3 dec= 2C SC--- CaaGC •.E•.-E „a�..wCC r.CM =. 328= 3:S 422 .SZC; =r==-1-SE. ..roECC : C_aA% HAND -DELIVERED Re: Appeal From Decision of the Zoning Administrator to the Zoning Board--100 Biscayne Boulevard Dear Miriam: CenTrust argues that Mr. Genuardi's statement during the public hearing that the sign permit should be revoked a second time renders the Zoning Board's gragt of I.R.E.'s appeal void. CenTrust's most recent ploy in its continuing attempt to maintain its signs atop New World Tower in violation of the City Zoning Ordinance is as unavailing as its previous tactics. Cenuardi was without jurisdiction. Once an appeal was filed, Mr. Genuardi was without jurisdiction to render any decision regarding the sign permit. This issue has repeatedly been addressed in the context of a trial court attempting to adjudicate matters while a case i.s pending on appeal. It is well -established that once a notice •cf appeal is filed, the trial court is divested of jurisdiction to in any way change the order from which the appeal was taken. Martir V. lslandia, 378 So.2d 810 (Fla. 3d DCA 1979); Edward J. DeBartolo Corp. v. Dryvit Systems, Inc., 368 So.2d 85 (Fla. 2d GCA 1979). Any order entered after the notice of appeal V 0 Miriam G. Maer, Esq. , June 22, 1987 Page Two is filed is a nullity. Stack v. Okaloosa County, 347 So.21 145 (Fla. 1st DCA 1977); Burke v. Burke, 336 So.2d 1237 (Fla. 3d DCA 1976).* This fundamental principle of appellate review applies in the administrative context as well. Indeed, it is codified in the City's own Zoning Ordinance. Section 3003 of the City Code expressly provides that (a]n appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the zoning board, after the officer has received the notice of appeal, that, by reasons of facts stated by such officer, a stay would, in the officer's opinion, cause imminent peril to life and property. No such finding of "imminent peril to life and property" was made in this case. Thus, even under the City's own code, all proceedings regarding the permit were stayed. Mr. Genuardi was without jurisdiction to alter the decision on appeal. CenTrust acknowledged as much. Furthermore, at the public hearing on the appeal, CenTrust itself was quick to acknowledge that Mr. Genuardi's reversal of his April 24, 1987 decision had no effect whatsoever on the appeal pending before the Zoning Board. You will recall that CenTrust's attorney Martin Fine took issue with you on this matter and argued to the Zoning Board that Mr. Genuardi's reversal did not affect the Board's duty to hear I.R.E.'s appeal. Mr. Fine advised the Zoning Board: In my opinion, you are not permitted to deal with that situation [involving Mr. Genuardi's latest decision] tonight. what you are asked to deal with is (I.R.E.'s] position that it has brought before you. See Transcript of June 15, 1987 Zoning Board Hearing at 29-30, attached hereto. 'Copies of the cited cases are enclosed for your convenience. STEARNS WEAVER MILLER WEISSLER ALI^IADEir 6 SITTERSON. P A ►^f'0; C MUSEUM TOWER ISO WEST iLAGLER STPEET. MIAMI rLORIDA 33130 . TELEPgONE (305) 70A too 10 u Miriam G. Maer, Esq. June 22, 1987 Page Three After having advised the Zoning Board to proceed to resolve the appeal, CenTrust cannot now be heard to argue that the Zoning Board acted improperly in heeding its advice. CenTrust cannot be allowed to benefit from its own wrongdoing. CenTrust's latest manuever is nothing but an attempt to delay further a resolution of this issue and to maintain its illegal signs on New World Tower in the interim. The disingenousness of CenTrust's argument is even more apparent when one considers that the very reason Mr. Genuardi reversed his recommendation is because he learned for the first time at the public hearing that CenTrust had misrepresented the facts to him when it sought reinstatement of the permit. Mr. Genuardi recommended reinstatement of the permit because CenTrust represented to him (1) that I.R.E., the owner of New World Tower, consented to the installation of the signs and (2) that CenTrust intended to appoint a New World Tower tenant as its registered agent, "which will be an entity that occupies the Building." See CenTrust's April 23, 1987 letter to Mr. Genuardi attached as Exhibit "L" to I.R.E.'s Notice of Appeal. At the hearing, CenTrust reversed itself and stated that it did not intend to make any such appointment. Moreover, CenTrust denied that it ever represented to Mr. Genuardi that it would in fact appoint a New World Tower tenant as its registered agent. In view of CenTrust's refusal to comply with an essential condition of the permit, Mr. Genuardi felt he had no choice but to recommend that the permit be revoked. CenTrust procured reinstatement of the permit by affirmatively misleading Mr. Genuardi. Now that Mr. Genuardi has learned the true facts and feels compelled to correct the resulting error, CenTrust argues that the administrative appeal process should start anew. Clearly, CenTrust cannot be allowed to benefit any further from its own wrongdoing. The issue is irrelevant. The fact that CenTrust does not intend to appoint a New World Tower tenant as its registered agent, but that Mr. Genuardi relied upon its earlier professed intention to do so is really irrelevant to the merits of this matter. After entertaining argument from Mr. Genuardi, CenTrust and I.R.E., the Zoning Board concluded that merely having a registered agent on the STEARNS WEAVER MILLER wEjSS&.ER AL-ADErr s SiTTERSON. P ♦ pMf�t~%►� r %�% mCv1 uSEuM »N TOWER 1SO WEST rLAGLER STREET. MIAMI. rLORIO• i30 • TELEPMOE 190S1 Tet�i•�200 j a.i Ll Miriam G. Maer, Esq. June 22, 1987 Page Four premises for the purpose of accepting service of process does not constitute occupying space and doing business within the meaning of the City's sign ordinance. The City is obligated to enforce the Zoning Board's decision, despite CenTrust's procedural manuevering. If you have any further questions or concerns regarding this matter, please do not hesitate to contact us. Sincerely, JCM �a( NW - �a ugene E. Stearns �v Z EES:THW:sjd Enclosures cc: Ms. Gloria Fox, Hearing Appeals Board w/out Enclosures Mr. Joseph Genuardi, Zoning Administrator w/out Enclosures Stanley R. Price, Esq., Attorney for CenTrust w/out Enclosures STEARNS WEAVER MILLCR WCISSLCR ALMAOCi/' A SITTERSON. P A QQhNJ'"' x MUSEUM TOWER. ISO WEST fLAGLER STREET. MIAMI. FLORIOA 33130 • TELCOMONC (303) 7a9.9%0M - (L4 i. Y 19r7emit P. Aibaoc4 Merle 1. Area m Charm M. Audander Smdro I. Bab y • Whuanen BM" Belt Womn I. Berger Pod Berbevetz Inofm /• Blook MNeheil A. Bloomberg Gay S. Broob Anthony 1. Canwalo Mrflyn I. W Caffow Robert A. Chaoa Sad ChmbW Cary I. Cohen Brae» 18y Coleco Fine Jacobson Schwartz Nash Block & England Keoh M. Ema One CenTtwt Financial Center Bernard lawobeon Amb" I. Pollen Arthur 1. Emgl" It Term B. Fe" I Southeast 2nd Street Rkhwd A. lompher Stamby B. Pace G. I Famamdea-Qwooew n A[b1ni� Flow 33131 Andes. S Karra Theedere KIM A. Bwbaaa Acmes Chaiet D. Aubm March Fine (303) 577-4WO Sues" M. Kweran Thow4w AeyJM III Kenneth N. From" Cable FLORIDALAW Peter A. Lakrtet B. Ledte Sdaymam Ales' L. GabrW INTO L. Coors Telex 522726 1. Phdfp Landsman Bemranm S. Schwern Maraca C. G"W Men Laftww Gary D Lepaw ]"ohm Se v" Dowd M. Sd wrtam DeroMt A. Hon Bonne Lomh lirmemm Cartes N. McDowdi Stuart L. Simom Lymm D. Sobmrom Stephen I. Hdfase" Burt S. HaBmew Cherie E. Muaff II Aichand !ay Warr San Bard Herold Yoram 1. Na h Wimm" Jay Palmer LYda Am We& labit A. S. WiUddnwn Mfehad 1. mger ohn B. Pnriaw Stuart K. HofJrmen Gaerp I.: lea June 16, 1997 HAND DELIVERY Mr. Joseph A. Genuardi Zoning Administrator City of Miami Zoning Department 275 N.W 2nd Street Miami, FL 33233 Re: Appeal From Decision Of Zoning Administrator To Zoning Board Dear Mr. Genuardi: We are respectfully requesting a written opinion from your office in regard to your intention to reverse your previous decision in regard to the issuance of signed permit to CenTrust Savings Bank and its affiliate ("CenTrust") in connection with the building at 100 North Biscayne Boulevard. Please be futher advised that we strongly disagree with your decision, in that it is not based upon any formal written policy of the City of Miami nor upon the clear wording of Section 2025. 1.5 of the Code of the City of Miami. You are further advised that upon written confirmation of your oral statements before the City of Miami Zoning Board that my client will appeal your decision and avail itself of all legal avenues permitted under Florida law. If and when your written opinion is completed will you please be so kind as to call our office so that we may send a messenger to your Ft. Lauderdale Office 750 Southeast drd Avenue Ft. Lauderdale. Flonda J3316 i30Sl462.2500 Coble FORTLAW' ►'V tom: ti r. • —/.S�t Cl It Mr. Joseph A. Genuardi June 16, 1987 Page 2 office to obtain a copy c.f your opinion. very truly yours, 1 � , Stanl4y B. Price SBP:sm cc: Miriam Maer, Esq. City Attorney / Gloria Fox, City of Miami J Gene Stearns, Esq. Stearns weaver 11276.0029 Fine Jacobson Schwartz Nash Block & England 6. r.3t•� `V FINE JACOSSON SCWWAFurz NASN BLOCK a ENGLAND• P.A. \.�x�.�►�--�� !� S_E '100 -�+ 13o1CItE-, •.EN% E MIAMI. FLORIOA 33131 r..+ ..O%fC% !•w•.• .-prrr.h 3051 374 2CC -c:Ct 2043 . S•«O•. _ ...t• w-.-r.« •.t....p . .Cft•-t• f.'.A . a . .%COLA . •..%f :.86L ..rw Irw.pw,Tt !•tv t« r aw..• r .w.h . .LOB,. •- �. ..%�f r1. :.... ..00af :... _ •fC% .%'-0%- . :...,wC-O .Ch%.t _-f•• r[ytt ....L•% . w _tS...«O :..•to h r_OC*C._ •O.t.T . C...tf :t...t_ rt.C:% l.... C,r.LL• ...Lt. t --to 3 .u.T-« 3... _ CO.t« -A- . %.$- .wCt CCL.« w,L-..r .,.....-t. !.•,.r. . t%p..«O .. 3[C*G[ •LOT. t..• ►t.y •tit..- _ .p.•Ch •t«M [T•.« r..«acw • t•�••�• •tll.t� [.v.h . 00«t.LLt . -[fLC fC-.•r " _C N�rr•M . .o.[.- - ft.C•• O[r h.. ...f s•_..• _ s ..pr %4t_.f April 23, 1987 .w.T !-[..�.. S.•...•,. -t.•.: .._ L. S w ._ -SC% &9 vo= NIONA DOUGLAS O►►iCE 2•c-_C_a_.s •C•C u •.r r..:wC. 3344 3zs ••e 2:C2 -.EL Stt-t. R 6AUDCROA69 OII1C9 ISO So_'-E.a- -- .0 ..E%-E r- _.,,OEOO.L[. r_=..0. 333 e 3C51..2 2.CC :..L[ r_:.0-_.Ili Joseph A. Genuardi BAND DELIVERY Zoning Administrator 275 N.W. Second Street Miami, FL 33233 Dear Mr. Genuardi: As you know, we represent CenTrust Savings Bank and its affiliates ("CenTrust") in connection with the building at 100 North Biscayne Boulevard (the "Building"). we have reviewed letters regarding this matter from you and one from Santiago Jorge Ventura, Assistant Director of the Building and Zoning Department. The latter letter, addressed to CenTrust, states that the building permit for the erection of signs at the Building, Building Permit No. 87-780 (the "Building Permit") has been revoked. We request that the Building Permit be reinstated. It has become apparent to us that you and other City officials are unaware of all of the facts involved in connection with this matter. We are confident that once you are aware of all facts involved, that you will conclude that the Building Permit should be reinstated. We want you to know the following: 1. CenTrust holds the mortgages_ on the Building. CenTrust is the holder of the mortgages on the Building securing approximately $20,000,000. CenTrust Savings Bank is the largest savings bank in Florida. Its business is to lend money on real estate secured by mortgages. Mortgage payments for the Building are collected by CenTrust on a monthly basis. A copy of the mortgage documentation is enclosed with this letter. 2. Sign Lease. CenTrust formerly owned the Building. The Building was sold by CenTrust in 1983. CenTrust took back 8h';rN. �� It It Joseph A. Genuardi April 23, 1987 Pace Two a purchase money mortgage. At that time, CenTrust reserved a continuing interest in the Building. That interest took the form of a lease allowing CenTrust the exclusive right to erect signs on the Building (the "Sign Lease"). A copy of the Sign Lease is also enclosed. Notice of the Sign Lease was recorded in the Public Records of Dade County and a copy of the recorded Notice of Sign Lease is enclosed. 3. Consent of Landlord. On October 24, 1986, the landlord, IRE Real Estate Fund, Ltd. ("IRE") and City National Bank of Miami, as Trustee for IRE under a land trust and the legal title holder of the Building, executed a Consent to the erection of the signs which are the subject matter of the Building Permit (the "Signs"). A copy of the Consent is enclosed. When CenTrust was told that a modicum of space must be leased in the Building in order for the Signs to be erected, CenTrust accepted that at face value. CenTrust requested IRE to lease space to it in the Building at market rates. Although IRE had consented to the erection of the Signs, IRE refused to rent space to CenTrust in the Building and has prevented CenTrust form subletting space in the Building. Perhaps if CenTrust had been allowed to rent or sublease space in the Building at market rates, that would have been the end of the matter and we would not have been required to look further into the interpretation which had been given to the ordinance requiring leasing of space in the Building. Under the circumstances, we investigated the law. We have concluded that the ordinance clearly does not require compliance only by renaming the Building or by leasing space in the Building. It is our opinion that because CenTrust holds the mortgages on the Building and has retained an interest in the Building from its prior ownership, the applicable ordinance permits CenTrust to have a sign identifying it placed upon the Building. The Signs in question are in compliance with the terms of the Agreements which CenTrust has with the owner of the Building. Although we do not believe that it is required to do so, to further buttress CenTrust's claim of entitlement to have these Signs erected, CenTrust is appointing a statutory resident agent, as required by Florida law, which will be an entity that occupies the Building. For all of the foregoing reasons we urge you to reconsider your actions and to order the reinstatement of the Building Q►7!a.l— ' 4., 1 ( O 1 - FINE JACOBSON SCHWAgTZ NASH BLOCK Si ENGLANO. P A. t 10 r . Zoseph A. Genuardi April 23, 1987 Page Three Permit or take such other action as will effectively provide the same result. RJW/dlw 11276.0029 Enclosures Very truly yours, Richard Jay Weiss FINE JACOBSON SCHWARTZ NASH BLOCK & ENGLAND, P A. 3 u CENTRUST SAVINGS BANK, ) Plaintiff, ) vs. ) CITY NATIONAL BANK OF MIAN!I, ) as Trustee under Land Trust ) No. 50083g8; IRE ADVISORS ) SERIES 25 CORP.; ALAN B. ) LEVAN, and FRANK V. GRIECO, ) as general partners of IRE ) REAL ESTATE FUND, LTD. --SERIES) 25; and IRE ADVISORS SERIES ) 26 CORP.; ALAN B. LEVAN, and ) FRANK V. GRIECO, as general ) partners of IRE REAL ESTATE ) FUND, LTD. --SERIES 26, ) Defendants. ) IN THE CIRCUIT COURT OF E llth JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION 0*&VIStON CASE NO. 87-19173 CA (18) TEMPORARY INJUNCTION THIS CAUSE came on to be heard upon Plaintiff's Motion for Temporary injunction and/or Equitable Relief. Hearing was held upon proper notice on Thursday, June 4, 1987, which was attended by counsel for both sides. Facts pertinent to disposition of this motion appear not to be in dispute: Plaintiff and Defendants entered into a lease under which Plaintiff is entitled to install four signs bearing its name on a building known as the New world Tower, 100 North Biscayne Boulevard, Miami, Florida. Pursuant to the lease, Plaintiff obtained building permits from the City of Miami and installed two signs on the east and west faces on the building at the very top. The signs consist of Plaintiff's name "CenTrust" and are illuminated at night. Prior to construction of the remaining two signs, a dispute arose between the parties. Defendants have contended that the building permits were improperly obtained and that the signs are in violation of the lease. Recently, the building official of the City of Miami determined that the permits were properly issued. That decision has been appealed by Defendants to the City of Miami Zoning Appeals Board. Pursuant to the Code 1 9 of Ordinances of the City of Miami, the right to construct the two remaining signs under the issued permits is stayed. In the interim, however, the City has not prohibited use and illumination of the two existing signs. This lawsuit was brought by Plaintiff for specific performance and other equitable relief with respect to its leasehold rights. Although Defendants have not yet filed their Answer, it does appear quite clear that they contest Plaintiff's rights to maintain the existing signs as well as to install the -w —other two' s igns . ' At the outset of the hearing on Plaintiff's Motion for Temporary Injunction and/or Equitable Relief, Defendants stipulated that they would not utilize "self-help" or remo%e the existing signs, that they would not interfere with maintenance and repair of the existing signs and that they would allow access to the building to Plaintiff and its agents for the purpose of maintenance and repair of the existing signs during the pendency of this action. This left the sole issue of whether or not during the pendency of this action Plaintiff had a right to continue to illuminate the existing signs at night. No less august body than the United States Supreme Court has recognized that "in most cases in equity the principle relief sought is that afforded by injunction" and that "irreparable injury. . .is the indispensable basis for the exercise of equity powers." State of Texas v. State of Florida, 306 U.S. 398, 59 S.Ct. 563, 570 (U.S. 1939). The concept of irreparability can take any of a number of -forms. For example, Florida courts have recognized for almost 80 years that any interest in property constitutes a subject matter so unique that application of equitable remedies, including injunction, is appropriate without the necessity of showing, specifically, that monetary damages may not be obtained. See E.N. Holt as Tax Collector of Clay County, Florida v. Hillman -Sutherland Co., 56 Fla. 801, 47 So. 934 (1908) (involving the granting of a temporary injunction to protect a leasehold -2- h*y-Ntr� .t 1 �.i1i; 1 111 9 interest in real property); George Vining S Sons, rnc. v. .cones, 49.8 So.2d 695 (Fla. 5 DCA 1986) (involving specific performance of a contract involving real property); Velickovigh v•Ric_i, 391 So.2d 258 (Fla. 4 OCA 1981) (involving enforcement of a restrictive covenant in land). Florida courts have also found that where :t is virtually impossible to ascertain the amount of a Plaintiff's legal damages, that this may establish inadequacy of the legal remedies so as to support an award of injunctive relief. Liza -01—1?anielle.' inc. v. Jamco. Inc., 408 So.2d" 735 ( Fla. 3 'DCA 1982) , citing Southern Colonization Co. v. Derfler, 73 Fla. 924, 75 So. 790 (1917). The United States District Court for the Southern District of New York, has found that irreparable damage naturally flows from impairment of the goodwill and reputation of a Plaintiff where its tradename is affected. CLE-ware Rayco, Inc. v. Perlstein, 401 F.Supp. 1231 (S.D.N.Y. 1975). Finally, the United States District Court for the Middle District of Florida has ruled that even a temporary deprivation of a First Amendment right causes irreparable harm. Clean-Uo 184 v. Heinrich, 590 F.Supp. 928 (M.D. Fla. 1984). This court finds that all of the above circumstances exist in this case, to wit, that,Plaintiff is seeking to enforce an interest in real property which is unique, that it would be virtually impossible to ascertain Plaintiff's damages from its not being able to illuminate its sign at night, that use of its tradename would be adversely affected by not being able to illuminate its sign at night and that to some extent, Plaintiff's First Amendment right to freedom of speech would be affected by its not being able to, illuminate its sign at night. Thus, for any of the above reasons, this Court finds that Plaintiff would , be irreparably injured by not being able to illuminate its sign' at night. At least three other factors also deserve consideration by this Court. First, the Court recognizes an obligation on the -3- —; i i'. i �.0 part of Plaintiff to establish that it will probably succeed on the merits of its case. Although Defendants did not argue this issue, nevertheless, the Court notes that the building official of the City of Miami has rendered a decision that the building permits involved here were properly issued. In the absence of any argument from Defendants to the contrary, the presumption exists that more likely than not such decision will be upheld. This Court is also mindful of the guidelines set forth by the Third District Court of Appeal in North Dade water Co, v. +r' "Adken Land Co., 114 So.2d 347 (Fla. 3d DCA 1959). in that case, the Third District Court of Appeal pointed out that in determining whether or not to issue a temporary injunction, the trial court should take into consideration the beneficial results on one hand and the probable detriment on the other. In this case, it is quite clear that Plaintiff will suffer a detriment by being deprived of the advertising value that the illuminated sign • provides it. On the other hand, this Court is hard-pressed to ascertain what detriment Defendants will incur by such illumination when Defendants have already agreed not to disturb placement of the sign until ultimate resolution of this case. Finally, and perhaps most importantly, this Court must take into consideration and has considered the purpose for which a temporary injuntion is ordinarily issued. In this respect, the Court feels bound by language contained in the North Dade water Co. v. Adken Land Co. case, su ra: The obvious purpose of a temporary injunction is to maintain a status quo of the subject matter of the suit pending a final determination of the cause. In this case, it is quite clear that Defendants executed a lease and consented to installation of these signs and their illumination and that in reliance upon such agreement, Plaintiff did construct and illuminate the existing signs; that a dispute which may or may not be directly related to the signs arose between the parties; that this dispute has been resolved in an administrative proceeding in favor of Plaintiff pending an -4- 10 0 appeal. Under such circumstances, it is particularly appropriate that this Court preserve the status quo and allow the continued illumination of the existing signs until both the administrative proceeding and the subject proceeding are ultimately resolved. Defendants have failed to adduce any evidence indicating that entry of injunctive relief will cause any injury whatsoever to Defendants and based thereon finds that Defendants will only suffer nominal damage if the subject signs are illuminated pending final resolution of this action. .00--"" "Based upon the foregoing and -being otherwise fully advised in the premises, it is, ORDERED: 1. Plaintiff's Motion for Temporary injunction and/or Equitable Relief is granted. 2. This Court approves and accepts the stipulation by Defendants cited above. 3. Defendants• are mandatorily enjoined to permit illumination of the signs "CenTrust" located on the east and west faces at the top of the New World Tower building, 100 North Biscayne Boulevard, Miami, Florida from sunset until 1:00 a.m. until further Order of this Court. 4. p of DONE and ORDERED in Chambers in Miami, Dade County, Florida this_ / V day of June, 1987. ROBERT I-t: NEWMA f CIRCUIT COURT JUDGE COPIES FURNISHED TO: Gary S. Brooks, Esquire Rafael E. Suarez, Esquire Eugene E. Stearns, Esquire 2PL0605GSB -5- pp`�.. 7 ~a3� r 01 ! :. 9 9 0 LA,ry CO" CES STEA NS WEAVE$ MILLER WEISSUP-H AXJL&DEFF & SrrTEmSox, P. A. "�SE..M 'OwEQ SC wES' r6AG6ER S'QEE- MAM. MOHIDA 33130 3C5 'B9 32CC • 'E.E■ 5• 559Z -E-ECCo•EM5 3::` -e9 3395 • -B9 2396 E a [-.=- A_-ICErr C.o . C:E-.. -AZ-= --- SE - .--E% .N'CN C = wE%E%=C: -..eE%CE - 9A - N rs.NC SCC - vENENCE2 - S. - SE%%E-- •- SC% A ..•--EQ S-S.N r-E- %S SENNE-- CC-ES-E %Cam S = C-.PC . sp.SC- -O-N N "_=.--CE5 -CO. OO.z-..S.. .E,•N C C== C-. =E S.-..£• C.=o.w.• S-E=-... E - 0.. __ as _•%-- - A%% C-:..0 S-E-EN C =-a . -CN._C S ---N G. - ZC=rr SEWC'• . AN a =-- .y V.= E 5 N.-a& SE-- -_C"A5 C=• NE C-O- S - S '-EPSC% C-a S-Co-Eo. =E-.'E_ :..,.0 S-C.-Cm _ES- E =COE=' EwA%S -An. C SC.Cv .-.N - rE N C.=C- w SCoE- C=. G . rC-Cs E-GENE E S-E.=NS =CSE�Aa- r=^%-E- r_=Y.N : =.'G ECw.=C SE N -ES-EC _ ..- C5-E % -.• . S-E N...N _E.N E E -.NN. E=w.wC . S-E=N GEC=GE N -•-N CENN'S Y '-ONE4 -E-.. - - N.a CrrEO 00%A60 wE.VE= S-5.% -E, NE =OSE=' wE-SS.E4 90 A% - =A'=IC . G OWE --ES .E_ • C. - ..:% C-C-S _CM.S %A - „y,- A-s =CSE=- • �•_• ..._- N S VCOCS May 1987 City of Miami Hearing Board Division Attn: Gloria Fox Room 226 275 NW 2nd Street Miami, Florida 33128 0w9N !. /R990 SENIOR COUNSCL -.Mo♦ Crr,CE S.. -E 330C CNE -AM=• C -1 CENTEO PCs- Crr CE SC■ 3299 -A4=. r-Cm 3A 336- B 3 223 49CC CA_nNCC Crr.CE S- 'E VCC SA=NE'- =-.Z• 2C SC-'- C=AaGE..EN-E C=_ANCC r_=W=A 329C 3C5 a22 aB=- -r---NSE- ♦-r=ECC G .-RAN Re: Appeal From Decision Of Zoning Administrator To Zoning Board To The City Of Miami Zoning Board: Pursuant to the Zoning Ordinance of the City of Miami, Article 30, I.R.E. Real Estate Fund Ltd. Series 25 and I.R.E. Real Estate Fund Ltd. Series 26 (OI.R.E.") hereby file this notice of appeal from the April 24, 1987, decision of Joseph A. Genuardi, Zoning Administrator, Building and Zoning Department, and Santiago Jorge -Ventura, A.I.A., Assistant Director and Building Official, granting reinstatement of Building Permit No. 87-780 issued to CenTrust Savings Bank (OCenTrustO). Copies of Mr. Genuardi's 87w�' �(Y � �� memorandum to Mr. Jorge -Ventura, Assistant Director, Building and Zoning Department, and Mr. Jorge-Ventura's letter to CenTrust, both dated April 24, 1987, are attached as Exhibits A and B, respectively. Building Permit number 87-780 allows CenTrust to erect illuminated signs bearing the letters "CenTrust" on New World Tower, an office building located at 100 Biscayne Boulevard in downtown Miami and owned by I.R.E. As a result, I.R.E. is a "person aggrieved" within the meaning of Article 30 and is entitled to take this timely appeal to the zoning board. FACTUAL BACKGROUND In 1983, CenTrust, then known as Dade Savings and Loan Association, owned New World Tower. On December 16, 1983, however, CenTrust sold the building to New World Tower Associates, Ltd., and entered into a sign lease agreement with the new owner. That agreement allowed for installation of not more than four advertising or roof signs on the New World Tower. A copy of the vSign Lease" is attached as Exhibit C. I.R.E. subsequently purchased the building from New World Tower Associates Ltd. and is the present owner of the New World Tower. Y Technically, City National Bank of Miami, as Trustee for I.R.E. under Land Trust No. 5008308, holds legal title to the New World Tower for the benefit of I.R.E. STEARNS WEAVER MILLER WEISS�ER A,-"AOE« A S,TTERSON P A 8 ( ♦14; MUSE-M TCWER 50 WEST V_AGLER STREET -A-Am, c_CR :)A 33,30 • 'E_EP�ONE -30SI'769.72-10 0 0 0 For about three years after the date of the sign lease agreement, CenTrust did not place any signs on New World Tower. In September 1986, however, CenTrust advised I.R.E. that it was seeking a permit from the City to place a sign on the building, and that the permitting process required approval of the building owner. In reliance upon CenTrust's representation that the proposed sign was consistent with the sign lease, consistent with the applicable government regulations, would not be seen from within the building itself, and would not restrict access to clean the exterior windows, I.R.E. gave its approval for the permitting process. Copies of CenTrust's request and I.R.E.'s letter of approval are attached as Exhibit D. It should be noted that the sign lease referenced in I . R. E. 's letter of approval specifically provides that CenTrust "agrees to comply with all applicable governmental ordinances, codes, laws, and regulations respecting [the] installation, placement, maintenance, repair, relocation, and removal of said signs and lighting fixtures." On December 10, 1986, CenTrust submitted an application to the City of Miami Building and Zoning Department ("the Department") for a permit to install signs reading ^'CenTrust" on New World Tower. The Department approved the application and on February 2, 1987, issued CenTrust Building Permit No. 87-780. A copy of the application and permit approval is attached as Exhibit E. At all times material, the Zoning Ordinance of the City of Miami prohibited, and still prohibits, advertising signs on buildings in Miami's central business district, where New World -3- STEARNS WEAVER M-�LER WE�SSt-EA 4i-M4OE« a SITTERSON P 4 MUSE-M TS-VER •50 WEST c_s•},E;:? SI-EE' M•GM- r_C4.0a 3313C • 'E;-EP-CNE •3051 799.32C; 0 .0 0 Tower is located, unless the signs reflect the official name of the building or the advertiser occupies space and conducts business within the building. Sections 2025.1.5 and 2026.10.3. The only permissible sign is one "relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises." Section 2025.1.5. After the City issued Building Permit No. 87-780 to CenTrust, and after CenTrust had installed signs on the east and the west sides of the building, the City learned that CenTrust did not occupy space and did not conduct business in New World Tower. Therefore, Mr. Genuardi advised CenTrust, by letter dated March 2, 1987, that: in order for [the City] to permit the erecting of a sign which is to have the lettering CENTRUST you must meet one of the following conditions: 1. Centrust must occupy a space and do business within the New World Tower Building. 2. The sign will reflect the new name of the building if the building is to be renamed. As soon as you have furnished me proof of one of the above conditions we will proceed to approve the sign permit. A copy of Mr. Genuardi's letter is attached as Exhibit F. CenTrust has never contended that the name of New World Tower would be changed to include CenTrust's own name. Rather, in response to Mr. Genuardi's letter, CenTrust solicited I.R.E. to lease it or one of its subsidiaries a "broom closet" in New World 4 — Q►*l�►��.�. r $7EARN5 NEAvEA M'��ER WEISS�EA Aur+nOEF� d SST TEpSON P a 1 % c_ M VSEuM +OWEC1 5C WEST P�nG_ER STREET M,GMi c,C a,po 33-30 'E ;.E o"O NE 3051189•32C0 0 M Tower so that CenTrust could argue to the City that it occupied "spaceO and "did business" in the building. See Affidavit of Alan Levan attached as Exhibit G. I.R.E. declined CenTrus~'s invitation to participate in any such fraud on the City. To this day, CenTrust does not occupy space and does not conduct business in the building. See Affidavit of Linda Davis, attached as Exhibit H. Having failed to obtain I.R.E.'s cooperation in CenTrust's scheme to circumvent both the letter and the spirit of the City's prohibition against offsite advertising in downtown Miami, CenTrust then attempted to sublet a nominal amount of office space from New World Tower tenant Michael J. Rosen, Rosen Law Offices, P.A. A copy of Mr. Rosen's March 27, 1987, letter to I.R.E. requesting written consent to sublet to CenTrust or one of its subsidiaries is attached as Exhibit I. I.R.E. again refused to participate in CenTrust's attempt to perpetrate a fraud on the City and declined to consent to Mr. Rosen's sublease to CenTrust. See Exhibit J. It ultimately became clear to the City's Building and Zoning Department that CenTrust could not meet the zoning requirements for maintaining the vCenTrust" signs on New World Tower. On April 6, 1987, Mr. Genuardi revoked Building Permit No. 87-780, and ordered removal of the signs. Copies of the City's letters accomplishing this are attached as Exhibit K. On April 23, 1987, CenTrust's counsel wrote to Mr. Genuardi and took yet another approach. CenTrust now argues that the City's zoning ordinance does not actually require STEARNS OVEAVER MILLER WEISS..ER •L"AOEFr 6 S,TTERSON A Y MuSE�M TOWER .50 NEST r-AG.ER SIREE' MIAM. cL0R-DA 3313C • TE-EP"ONE -305,'89.3200 0 CenTrust to lease office space and conduct business in New World Tower to maintain "'CenTrust"' signs on the building. Despite its failure to lease space and conduct business in the building, CenTrust argues that it should be allowed to maintain signs on New World Tower because: (1) CenTrust has a mortgage on the building; (2) CenTrust is the successor in interest to the lessor under the sign lease; (3) I.R.E. consented to the sign lease; and (4) CenTrust is appointing a statutory registered agent to be "an entity that occupies the Building."' A copy of CenTrust's April 23, 1987, letter to Mr. Genuardi, is attached as Exhibit L. On the very next day, April 24, 1987, the City's Building and Zoning Department accepted CenTrust's arguments and reinstated Building Permit No. 87-780 effective immediately. See Exhibits A and B. Under the permit as reinstated, CenTrust not only may maintain the two signs that have been erected on the east and west sides of New World Tower, but may now also install two additional signs on the north and south sides of the building. A copy of the reinstatement application and permit approval is attached to as Exhibit M. STEARNS aEAVER M,LL.EQ WEISSLER ALMADEFP a SIT'ERSON Q A 8 75 mQSE-m ,6CQ SS l+EST V-A.a _ER STREET mlAml F�OR,=A 3313C 'E-ER-ONE 3051 199.3200 0 0 BASIS OF APPEAL The *CenTrust" Signs On New World Tower Constitute Offsite Advertising Signs And, Therefore, Violate The City of Miami Zoning Ordinance Number 9500. The NCenTrust"' signs on New World Tower unquestionably constitute "'advertising signs"' as defined under the City's zoning ordinance, Section 2025.1.27. Under the City's zoning ordinance, advertising signs on buildings must relate to "establishments, commodities, or services currently associated with the premises." Section 2026.10.3. CenTrust, however, does not lease office space and conduct business in New World Tower. Thus, CenTrust is not "currently associated with the premises,"' and the OCenTrustN signs on New World Tower violate the City's zoning ordinance. CenTrust's fallacious arguments to the contrary are unavailing. A. CenTrust's Mortgage On New World Tower Does Not Constitute An Association With The Building Within The Meaning Of The City's Zoning Ordinance. CenTrust argues that the mere fact that it holds a mortgage on New World Tower entitles it to maintain "CenTrust" signs on the building. The absurdity of this argument is clear. Under CenTrust's interpretation of the ^'associated with" requirement, CenTrust could plaster the City with NCenTrustO signs on every one of the hundreds of buildings on which it holds a mortgage. Surely, the City Commission did not intend such a broad interpretation when it enacted the zoning ordinance. -7- ►'y...►-r ►-- a ,, 57EARNS WEAKER PAIL -ER WE SSi-ER AL-AOEcc 9 S'TTER5ON P A &- 1; ,:;. -'-SE-- 'ChER 5^ WEST 9--AG-ER STREE' M'oM- 33 30 - TE-Ec)"ONE 13C5) '99.32O0 0 0 To the contrary, as evidenced by Mr. Genuardi's March 2, 1987, letter to CenTrust, the City interprets the "'associated with"' requirement to mean that "'CenTrust must occupy a space and do business within the New World Tower Building." Exhibit F. The mere holding of a mortgage on the building clearly does not meet this requirement. Granted, CenTrust's business is to lend money on real estate secured by mortgages. Mortgage payments for the building are collected by CenTrust on a monthly basis. Exhibit L at 1. (Emphasis in original.) But the fact remains that CenTrust does not conduct its real estate lending or mortgage collection business from office space located within New World Tower. B. CenTrust's Sign Lease Is Not Itself Sufficient To Satisfy The Requirements Of The Zoning Ordinance. CenTrust maintains that when it sold New World Tower, it reserved a continuing interest in the building. That interest took the form of a lease allowing CenTrust the exclusive right to erect signs on the Building (the "'Sign Lease"). Exhibit L at 2. The "'reserved interest"' clearly does not, however, include any right whatsoever to conduct business from space within the building. Id. CenTrust's interest as lessee under the sign lease is totally dependent - by the express terms of the lease - upon satisfying the City's zoning requirements. CenTrust must -8- S'EnRNS WEAVER M-..ER WEISS_ER Al-�ADEFF B SiTTERSON P A ►"I�l+f►� a �'1 MLSE�M --AER 5_- WEST r_nr,_ER STREE- M-OMI c.CR JY 33,3C • 'E.EP"CNE 1305' '89.3aOC +,e?•.'ixiC.s:�z:.1::"^:{*"`Y.- 0 0 demonstrate some interest in the building independent of the sign lease. A lease solely for the installation of advertising signs cannot, in and of itself, constitute an interest in the building sufficient to meet the City's prerequisites for maintaining those very same advertising signs. CenTrust must occupy and conduct business in the building. C. Since CenTrust Does Not Lease Office Space And Does Not Conduct Business In New World Tower, I.R.E.'s Consent To The Sign Lease Is Irrelevant. It is undisputed that CenTrust does not lease office space and does not conduct business in New World Tower. See Exhibit H. Nevertheless, CenTrust argues it should be permitted to maintain "CenTrust" signs on New World Tower simply because I.R.E. consented to the signs. This argument, like CenTrust's other arguments, is clearly without merit. First, I.R.E.'s consent is expressly conditioned upon installation of the signs complying "'with the terms and provisions of the [Sign] Lease."' See Exhibit D. A major provision of the sign lease is that CenTrust "'agrees to comply with all applicable governmental ordinances, codes, laws and regulations respecting . . . installation . . . of said signs and lighting fixtures."' See paragraph 4 of Exhibit C. Even if I.R.E.'s letter of approval were erroneously construed as an agreement to violate the City's zoning ordinance, such a private agreement is illegal, void, and unenforceable. See Local No. 234, Etc. v. Henley & Beckwith, Inc., 66 So.2d 818 (Fla. 1953); Bond v. Koscot Interplanetary, I_nc.; 246 So.2d 631 (Fla. WEAVER _9_ STEARNS 87 ►C t.ER �E�SS�ER A�MAOE« d S�TTERSON a A � 1,�,;,j� •� MWSEuM TOWER 50 PEST F"A 6ER STREE' M�AMI cL :PICA 33i30 • *EL.E="CNE (3051 789 3200 11 0 0 r 4th DCA 1971), appeal after remand, 276 So.2d 198 (Fla. 4th DCA 1973). Moreover, the existence of a private agreement does not negate the fact that a violation of the law exists and does not constitute grounds for the City to allow the prohibited activity. I.R.E.'s approval is irrelevant to the issue of whether the "CenTrust" signs constitute prohibited advertising in violation of the City's zoning ordinance. D. A Registered Agent Does Not Satisfy The Requirements Of The City's Zoning Ordinance. CenTrust's last argument is that since it intends to appoint "a statutory resident agent, as required by Florida law, which will be an entity that occupies the Building,"' it should be permitted to maintain "CenTrust" signs on the building. See. Exhibit L at 2. This argument is even less appealing than the others. It clearly illustrates CenTrust's persistent attempts to violate both the letter and the spirit of the City's prohibition against offsite advertising. First, contrary to CenTrust's representation to the City, Florida corporate law does not require CenTrust to maintain a registered agent. Section 607.034(2), Florida Statutes, expressly exempts savings banks from the registered agent requirement.2/ Sections 607.034 provides, in pertinent part: (1) Each corporation shall have and shall continually maintain in this state: (a) A registered office . . . (footnote continued) -10 - STEAQNS WEAvEQ M,G,_EQ VE,SS�EP A_-AJEFP s S-TTEQSCN P A MUSEUM TOwEQ 5:: OVES' c_AG..ER STAEE- M AM, c-„p 3A 33,3C' • 'E„E12ti^-.E 3'S '9 i I • n 0 Second, even if a registered agent were a requirement, CenTrust has not presented any evidence that it has actually appointed an entity which leases office space in New World Tower as its registered agent. CenTrust's April 23, 1987, letter to Mr. Genuardi simply states that CenTrust intends to appoint a registered agent. In fact, the records of the Secretary of State reflect that CenTrust has not appointed a New World Tower tenant as its registered agent. At present, CenTrust Chairman and President, David L. Paul, 101 East Flagler Street, Miami, is listed with the Secretary of State as CenTrust's registered agent. To effect a change in a registered agent, a corporation must actually file notice of such change with the Department of State. Section 607.037(1), Florida Statutes. As of this date, two weeks after CenTrust's representation to the City that it intends to appoint a registered agent in New World Tower, CenTrust still has not acted on its professed intention. Most importantly, the mere fact that CenTrust may change its current registered agent to one that leases office space in New World Tower does not meet the zoning requirement that CenTrust (footnote continued from previous page) (b) A registered agent . (2) This section does not apply to . . . savings associations or savings and loan associations subject to the provisions of Chapter 665, banks and trust companies subject to the provisions of the Florida Banking Code, savings banks, and industrial savings banks. (Emphasis added). STEORNS rvEa.IER M - ER WE,SS�ER •L"ADE« a S,TTERSON o s mwSE-IA —_vEa 5: rvEST r_eG_ER STREE- rd urdi 33-3C • 1E.E12-ONE 3C5% 799 32C^. C itself conduct business in the building. A statutory registered agent performs the very limited function of accepting service of process on behalf of a corporation. It does not conduct the business of the corporation. Thus, even if CenTrust were to appoint a New World Tower tenant as its new registered agent, CenTrust still would not be in compliance with the City's requirement that it lease office space and conduct business in the building. It is obvious that the professed willingness of Mr. Paul to yield his status as CenTrust's registered agent to some as yet unnamed tenant in the New World Tower is nothing short of a blatant attempt to circumvent the City of Miami's prohibition of offsite advertising. Mr. Paul wants to have the "CenTrust" sign on more than one office tower in downtown Miami, to suggest strength of the institution, even though CenTrust actually has no offices in the building. Mr. Paul is obviously engaged in an image -building game with other financial institutions that actually do have offices in multiple downtown office towers. In the course of playing this game, Mr. Paul is willing to trample the City's zoning ordinance. -12- STEAQNS VVEAVER M ._ER wE SS�EQ A.-AOEFF' a SiTTERSON Q A )1 j MtJSEJ" 'GdvEQ 5•:: +VEST c-AG_E$4 STREE— " AM. r_OR,OA 33i3O • TE_ER.QNE 3^_5' '83 ]?^' • LI CONCLUSION Each of Centrust's arguments fails under the weight of law, logic, and common sense. Centrust clearly does not lease office space and conduct business in New world Tower. Consequently, Buiding Permit No. 87-780 should be revoked. Very truly yours, GENE E. STEARNS EES/nsf cc: CenTrust Savings Bank Joseph A. Genuardi Santiago Jorge -Ventura, A.I.A. Richard Jay Weiss, Esq. Fine, Jacobson, et al. -13 - r�„�r., r STEagrvS rvEwER .w-�LER wEISS:ER A��+AOEFF A SITTER50/v P a 8i 0' -USE�,M IOVVER 5C +VEST ;'-AG-ER STREET m,& w c_OR,On 33,30 TE_EP-ONE 305"89.32CJ 0 0 Al 0 0 • 'r CITY OF MIAMI. FLORIDA INTI[ R•OFFICC MCMORANOUM to Santiago Jorge -venture April 24, 1987 Assistant Director °�vc "�s Wil i Z isg Dopartle fusice. Sign Permit No. 87-780 for Centrust at 100 Biscayne Blvd . Genuardi room •trc�sMeta: Building i Zoning Department - tMC�OSYAta: This is to inform you that the applicant for signs at 100 Biscayne Boulevard under Permit No 87-780 has satieifted the conditions for approval in so far as occupying the building and having authorisation from the owner. 1 an therefor requesting th:t the permit be reinstated. JAG/ 1 c cc: Walter Pierce Ldith M. Fuentes Juan Gonzales Central file 0 0 4tfv of Miami April 24, 1987 Centrust One Biscayne Boulevard 2 South Biscayne Boulevard Miami, Florida 33131 RE: 100 Biscayne Boulevard Building Permit No. 87-T80 CESt'R H 0010 Cr" MtP,t.• Gentlemen: This is a follow-up of my letter dated April 9► 1987, regarding the stove -referenced address. I received a memorandum dated April 24, 1987, from Joseph A. Genuardi, Zoning Administrator, informing me that the applicant for signs at 100 Biscayne Boulevard under permit No. 87-780 has satisfied the conditions for approval insofar as occupying the building and having authorization from the owner. Vith this information I have no objection in authorizing the reinstatement of Building Permit No. 67-780, and all inspections may be started since you have complied with our requirements. Very truly yours, Santiago orge-Ventura, A.I.A. Assistant Director and Building Official SJV/erj cc: Walter Pierce, Asst. City Manager Edith M. Fuentes, Director J. A. Genuardi, Zoning Administrator Maria Merritt, Supervisor Permits 6 Revenue Tropical Sign Co. 760 West 27 Street Hialeah, Florida 33010 Stearns Weaver et al 150 W. Flagler Street Miami, Florida 33130 Central files aU1101NG ANO ZONING Ot/ARTMENT VS N w 2M Silow/r 0 Got iMMOAaeu. It 11133-00/U011 3W7W J 0 0 Ci ►14.0-. — e �/ j 0 0 ..0002/0611 THIS AEMENT OF into this 10 day of TOWER ASSOCIATES LTD., after referred to as ASSOCIATION, a Florida "Tenant"). SIGN LEASE LEASE (this "Lease") made and entered December, 1983, by and between NEW WORLD an Illinois limited partnership (herein - "Landlord"), and DADE SAVINGS AND LOAN corporation (hereinafter referred to as 1?Ir.. =SSZTK: WHEREAS, Tenant, as seller, and Landlord, as purchaser, entered into that certain Purchase/Sale Agreement dated December _, 1963 (the "Contract"), for the sale and purchase of certain real estate consisting of a multi -story office building (the "Office Building") and a twelve (12) story parking garage (the "Parking Garage") commonly known as 100-130 North Biscayne Boulevard, Miami, Florida, all of which is located on the property more particularly described in Exhibit A attached hereto and made a part hereof (the "Land", together with the Office building and the Parking Garage are herein collectively referred to as the "Real Property"); and WHEREAS, pursuant to the terms of the Contract, Landlord and Tenant have agreed to execute and deliver this Lease grant- inq Tenant the right to erect and maintain an advertising sign or signs on the roof of the Office Building; NOW, TIAEREFORE, in consideration of_ the recitals made above, all of which are incorporated into and made a part of this Lease and of the mutual covenants and agreements contained herein, Landlord and Tenant covenant and agree as follows: 1. Use, Purpose and Installation. Subject to the terms and conditions of this Lease, Landlord does hereby authorize Tenant to erect and maintain not more than four (4) signs not exceeding 15. feet in height, one sign along each side of the perimeter of the roof of the Office Building in the manner of the existing signs for AmeriFirst Savings 6 Loan Association at 100 S.E. Third Avenue, Miami. Florida, for only the purpose of advertisinq the name and address of its savings and loan institution or the name and address of any financial institution that is the permitted successor or assign of Tenant, which signs shall be in such locations on the'roof of the Office Building as approved by Landlord. Except as expressly provided for herein, Tenant will have no other right to use the Office Building or the Real Property or any portion thereof without the prior written consent of Landlord. Prior to the installation and placement of its signs, Tenant shall submit detailed plans and specifications for its signs and the proposed location(&) therefor together with all copies of pictures, words or designs to appear on said sign(s), to Landlord for Landlord's prior 0002/0611 r written consent, which consent shall not be unreasonably with- held. Tenant shall have the right to install lighting fixtures on the roof of the Office Building and on its signs for the purpose of lighting its signs; provided Tenant submits detsiled electrical plans and specifications therefor to Landlord for Landlord's prior written consent. TenaDt's right to erect and maintain an advertising sign or signs on the roof of the cffiee Buildinq. shall be exclusive, except as otherwise' :,.erein provided. This Lease is subject and subordinate to that certain Lease dated August 29, 1979 respecting the Real Property whereby Marlin Limited Partnership and its successors and assigns (collectively •Marlin•) has certain rights to the entire roof area of the Office Piiilding. Tenant hereby agrees that no right of Tenant under this Lease can be ex- ercised unless and until written consent thereto dWNS� is obtained from Marlin and delivered to Landlord. Landlord and Tenant nerevy agree that in the event of any inconsistency between this Lease and'any other existing lease or occupancy agreement affecting the Office Buildinq, incl_dinq without limitation the roof thereof, the terms and provisions of such other lease or agreement shall prevail so long as such other lease or agreement shall be in effect. with respect to signs so installed or placed on the roof of the Office Building by Tenant, Tenant will not interfere with the structural integrity of the Office Building and Tenant shall cause those portions of the Office Building and Real Property affected by the construction, installation, placement, mainte- nance and removal of its signs and lighting fixtures to be adequately safeguarded in a manner satisfactory to Landlord, so as to prevent any. loss, damage or injury to Landlord or its employees or agents, tenants, invitees or their respective property, resulting from (or relatinq in any way to) such construction, installation, placement, maintenance and removal. 2. Term. The term of this Lease (the "Term") shall be for thirty (3= years commencing on the date hereof (subject to the condition precedent set forth in Paragraph 1 hereof) and tormi- natinq on December 31. 2013, and shall be automatically renewed for consecutive terms of ten (10) years each, unless sooner terminated as provided herein. 3. Rent. During the Term of this Lease, Tenant shall pay to Landlord at the Office of Landlord, as specified in . 2 7 L-1 - J 10 0 0002/0611 Paragraph 27 below, or at such other place as Landlord may designate in writing from time to time to Tenant, an annual rent of One Hundred Dollars (i100.00) (the "Base Rent") payable in advance commencing on the date hereof and payable on each anniversary hereof through the Term hereof without deduction or offset. Tenant shall also pay before delinquency any and all sales and/or rent taxes applicable to the Base Rent or to t!%is Lease and F:ovido Landlord with evidence of such payments concurrently thisrewith. The Base Rent together with said sales and/or rent taxes and all other rums owed by Tenant to Landlcrd hereunder are hereinafter called the "Rent". 4. Permits, Licenses, Compliance With Laws. Notwithstand- inq anything in this Lease to the contrary, Tenant shall have no authority to install any signs or lighting fixtures on the roof of the Office Building until Tenant, at its sole cost and expense, has obtained all permits, licenses, certifications and approvals from all applicable governmental authorities, if any, required for the installation and maintenance of the signs or lightinq fixtures which Tenant proposes to install on the roof of the Office Building. Tenant covenants, represents and warrants that at all times during the Term of this Lease, Tenant shall, at its sole expense, obtain and maintain all permits, licenses, certifications and approvals from all federal, state and municipal authorities which are required in connection with the installation, placement, maintenance, repair, relocation and removal of its signs and lightinq fixtures. Tenant agrees to comply with all applicable governmental ordinances, codes, laws and regulations respecting such installation, placement, mainte- nance, repair, relocation and removal of said signs and lighting fixtures. S. Reimbursement for Increased Taxes. If the value of any of Tenant's signs is included in any real estate or personal property tax assessment (or in any assessment by any governmen- tal authority in substitution for or in lieu of either or both of said taxes) upon or with respect to the Real Property, or any portion thereof, for any calendar year during the Term hereof, and if the amount of tax attributable to such value can be ascertained (or is separately shown in any tax bill for any such year) Tenant agrees to pay to Landlord (within thirty (30) days after Tenant receives a statement therefor) the entire amount of such taxes attributable to the value of Tenant's signs for any such year during the Term of this Lease. Tenant's obligation to pay under this Paragraph shall survive the expiration of the Term hereof. 6. Services. Landlord shall have no obligation whatscever to provide any services to Tenant. Tenant shall, at its own Cost and expense, provide for: (a) all utility services, Including, without limitation, electricity for all lighting fixtures permitted herein by separate arrangement with Florida Power and Light Company or other approved local utility. 3 0 0002/0611 Without limiting the foregoing, Tenant shall apply and pay for all utility meters (including the installation thereof) in connection with the installation, use and maintenance of its signs and lighting fixtures wherever such meters are located on the Real Property; and (b) all materials and services -required to keep its signs and lighting fixtures in good and safe operat- ing condition. 7. Rguai s and Maintenance. ( a) Tenant shall, at its sale cost and expensa, k3isp its signs and li„htinq fixtures in qz=d, safe,- operable and presentable condition and repair in accor- dance with all applicable laws, codes and ordinances and direc- tions of public officers during the Term. Tenant shall promptly and adequately repair all damage to its signs and lighting fixtures and replace or repair all damaged or broken portions thereof by any cause whatsoever, under the supervision of and subject to the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof upon demand. (b) Landlord may, but shall not be required to, enter upon the roof of the Office Building to make such inspections, repairs, alterations, improvements, and additions, as Landlord shall desire or deem necessary to the roof of or to the Office Building or to any agvipment located in the Office Building or as Landlord may be required to do by governmental authority or court order or decree; provided that any such alteraticns, improvements and additions shall be made, to the extent reason- ably pzssible, in such manner as to not interfere with Tenant's signs; provided, further, if any such inspection discloses defects in Tenant's signs or the lighting fixtures or any defects that affect the structural integrity of the Office Buildinq, Landlord shall give Tenant written notice thereof and Tenant, at its sole cost and expense, shall immediately take such action as may be required to remedy such defects. S. Tenant's Right to Access. Subject to all reasonable rules and regulations made by Landlord from time to time, Landlord hereby grants unto Tenant the right to enter the Real Property, including the interior of the Office Building during regular business hours and at such other times as Landlord shall consent, which consent shall not be unreasonably withheld, for the purposes of installing, placing, maintaining, repairing, relocating and removing its signs and lighting fixtures. 9. Additional Signs and Alterations. Tenant shall not, without th• prior written consent of Landlord, install addition- al signs, or lighting fixtures or make any alterations or additions to its signs or lighting fixtures, if any, described herein. Landlord need not give any such consent but it Landlord does, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, 4 0 0 0002/0611 ' reQuirinq Tenant to furnish Landlord with security for the pa;%@nt of all costs to be incurred in connection with such work and insurance against liabilities which may arise out of such vork. The work necessary to make any alterations or additions to Tenants signs and lighting fixtures shall be done at Ten - antes sole cost and expense and Tenant shall defend and bold Landlord and the Real Property harmless from and against all costs, damages, liens and expenses ( including reasonable attor- neys' fees and litigation expenses) related thereto. All work done by Tenant or its eorn=ractors pursuant to this Lease snail be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance require- ments and all applicable laws, codes, ordinances, rules and regulations of governmental departments or agencies. If Tenant desires utility or service connections installed or changed, the same shall be made at the sole cost and expense of Tenant, with prior written consent of and under direction of Landlord. 10. Covenant Against Liens. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind wt•.atsoever, whether created by act of Tenant, operation of law, or otherwise, to attach to or be placed upon Landlord's title or interest in the Real Property or any part thereof and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only, if any. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialren or ethers to be placed against the Real Property or any part thereof, with respect to work or services claimed to have been performed for or materials claimed to'have been furnished to Tenant, or for Tenant's signs and lighting fixtures and in case of any such lien attaching, Tenant covenants and agrees i:%:edi- atelyuto cause it to be released and removed of record. If Tenant does not do so, Landlord may, but shill not be required to, release such lien from record, and Tenant shall pay Landlord the cost thereof upon demand. 11. Correction of Defects. During the Term hereof, Tenant, shall, upon demand by Landlord, immediately correct or remedy (or cause to be corrected or remedied): (a) any material defect in the signs or in the lighting fixtures; (b) any materi- al departure from in the construction, installation or placement of the signs from the plans and specifications as approved by Landlord; (e) any material departure from the contents of the signs from the drawings submitted to and approved by Landlord; (d) any violations from or departures from any applicable governmental ordinances, laws or rules and regulations; and (e) any other defects as requested by Landlord to be remedied pursuant to Paraqraph 7(b) hereof. If such defects cannot be remedied within thirty (30) days or cannot be remedied at all by Tenant, Landlord shall have the right to terminate this Lease in accordance with Paragraph 24 hereof. S e 8 7 — !' 1c� 0002/0611 12. No Liability of Landlord. Neither Landlord nor any successors or assigns of Landlord shall have any liab:-ity, obligation or responsibility whatsoever for the construction, installation, placement, maintenance or removal of Tenant's signs or the lightinq fixtures or for the contents displayed on such signs. Landlord shall not be obligated to inspect Tenant's signs and lighting fixtures or the construction, installation, maintenance or removal L:a:eof, nor shall Landlord or any successors or assigns of Landlord be liable for the performance or default of Tenant or any contractor or materialman who constructs, installs, repairs or removes Tenant's signs or lighting fixtures or any other person for any failure to con- struct, install, complete, repair, replace, maintain, protect or insure its signs or lighting fixtures or for the payment of costs, if any, for labor or materials supplied for the construc- tion of Tenant's signs and lighting fixtures or for the perfor- mance of any obligation of Tenant whatsoever. 13. insurance. (a) Landlord and Tenant each hereby waives any and every claim for recovery from the other for any and all loss of or damage to the Tenant's signs and lighting fixtures and any other of Tenant's equipment located in, on or about the Office Building or the heal Property or any portion thereof, which loss or damage is covered by valid and collectible fire and extended coverage insurance policies, to the extent that such loss or damage is recoverable under such insurance policies (it being expressly understood that none of the insurance required by this Paragraph 13 shall have any deductibles appli- cable thereto without first obtaininq Landlord's prior written consent). Inasmuch as this mutual waiver will preclude the assignment of any aforesaid claim by way of subrogation (or otherwise) to an insurance company (or any other person), Landlord and Tenant each agrees to give each insurance company which has issued its respective policies of fire and extended coverage insurance, written notice of the terms of this mutual waiver and to have each of said respective insurance policies properly endorsed if necessary, to prevent the invalidation of said insurance coverages by reason of said waiver. (b) Tenant shall obtain and maintain or cause to be obtained and.maintained, at its expense: (1) At all times durinq the Term, comprehensive general liability with respect to bodily injury and proper- ty damage naminq Tenant and Landlord as insureds with a single limit of not less than Ten Million Dollars (i10,000,000.00) for each occurrence; and (2) During the erection, installation and maintenance and/or repair of Tenant's signs, Workmen's Compensation and Employer's Liability Insurance with limits of not less than the minimum amount, if any, established by applicable Florida law, and such additional 6 0 0 0002/0611 coverage as required by any Employee Benefit Acts or other applicable statutes. M In addition, Tenant shall, concurrently with the execution of this Lease, Furnish to Landlord cartificates evidencing all of the insurance coverage required by this Paragraph 13, which certificates shall state that such insurance coverage' may not be changed or cancelled without at !mast thirty (30) days' prior written notice to Landlord or Tenant. (d) If Tenant fails to obtain the insurance coverage required by this Paragraph 13, Landlord shall have the right (but shall in no event be obligated) to obtain on behalf of Tenant the insurance coverage described in this Paragraph 13 and Tenant shall pay Landlord the cost thereof upon demand. (a) Tenant shall at all times during the Term comply with all applicable laws, codes, ordinances, orders and decrees and all requirements of all applicable governmental authorities, and shall not directly or indirectly make use of its signs or lightinq fixtures, the Office Buildinq, the Real Property or any part thereof, which may thereby be prohibited or be dangerous to person or property or which may jeopardize any insurance cover- age, or which may increase the cost of insurance or require additional coverage. 14. =ire or Casualty. If any part of the Real Property is destroyed or substantially damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Office Building untenantable, than Landlord shall recon- struct and restore the same with reasonable promptness and Tenant shall, at Tenant's sole expense, promptly restore and/or rebuild its signs and lighting fixtures; provided, however, Landlord shall not be required to repair or restore such damaged or destroyed portion of the Real Property if Landlord delivers Tenant written notice within one hundred twenty (120) days of such damage or destruction that Landlord elects not to recon- struct and/or restore the Real Property and/or the Office Building and in such event Landlord shall have no liability to Tenant and this Lease shall terminate as of the date specified in Landlord's notice, together with Tenant's rights of access to the Real Property not forth in Paragraph 6 hereof. In the event of such termination, Tenant shall, as Tenant's sole expense, Promptly remove all of its property, whether damaged or not, from the Real Property. Rent shall be apportioned to the date of such damage or destruction. 13. Eminent Domain. If the whole or any substantial part of the Real Property shall be taken or condemned for any public or quasi -public use or purpose, the Term and all rights granted hereunder, at the option of Landlord, upon written notice to Tenant, shall end upon the date when the possession of the part so taken shall be required for such use or purpose and Landlord 7 0 0002/0611 shall be entitled payment to Tenant. such termination. to receive the entire award without any Rent shall be apportioned. to the date of 16. Waiver of Claims; indemnification. (a) To the extent not prohibited by law, Landlord and its officers, agents ser- vants and employees shall not be liable for any damage either to person'or property or :osulting from the loss or use thereof sustained by Tenant or by other persons due to the Real Property or any part thereof or any appurtrrarcos th:reof becoming cut of repair, or due to the happening of any accident or event in, on or about the Real Property, or due to any act or neglect of any tenant or any occupant of the Real Property, or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by explosives, gas, electricity, steam, sewaqe, sewer gas or odors, fire, water or by the burat- inq or leaking of pipes, faucets, sprinklers and plumbing fixtures, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely difference kind. Tenant further agrees that all of its personal property upon the roof of the Office Building or upon loading docks, receivinq and holding. areas, or freight elevators of the Office Building or upon any other parts of the Real Property, shall be at the risk of Tenant cnly, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. (b) Without limitation of any other provisions hereof. Tenant agrees (1) that it will protect, defend, inderni- fy and save harmless Landlord of and from any penalty, damago or charge imposed for any violation of any laws or ordinances, whether occasioned by Tenant or those holding under Tenant, (2) that Tenant will at all times protect, defend, indemnify and save harmless Landlord of and from any and all claims, liabili- ty, loss, cost, damage or expense (including reasonable attor- neys' fees and litigation costs through and including any appellate proceedings) arising out of or from or in connection with (i) any accident or other occurrence, whether or not the same is caused by the acts or omissions of Landlord, its -agents or employees, in, on or about the Real Property or involving Tenant's signs and lighting fixtures, which causes injury, death or damage to any person or property whomsoever or whatsoever and, without limitation of the foregoing, (ii) the acts of Tenant and its servants, principals, agents, employees, contrac- tors, subcontractors, suppliers or workmen, and (3) that Tonant will protect, defend, indemnify and save harmless Landlord of and from any and all claims and against and from any and all loss, cost, damage or expense (including reasonable attorneys' fees and litigation expenses through and including any appellate proceedings) arising out of Tenant s use of the Real Property or any part thereof or out of any failure of Tenant is any respect 8 87-7 r- a CC77 i u `S. 0002/0611 r r to comply with and perform all the requirements and provisions of this Lease. 17. Nonwaiver. No waiver of any provision of this Lease shall be implied by any failure of Landlord to enforce any remedy on account of the violation of such provision even if such violation be continued or repeated subsequently, and no express. waiver shall affect any provision other than the onespecified in such waiver and that one only for ti:e time and in the =&nner specifically stated. No receipt of moneys by Land- lord from Tenant after the termination of this Lease will in any way alter the length of the Term or of Tenant's right of use of the Real Property hereunder or after the givinq of any notice shall reinstate, continue or extend the Term or affect any notice given Tenant prior to the receipt of such moneys, it being agreed that after the service of notice or the commence- ment of a suit or after final judgment for surrender of use of the Real Property or termination of this Lease, Landlord may receive and collect any Rent due, and the payment of said Rent shall not waive or affect said notice, suit or judgment. 18. Assignment and Subletting. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld (a) assign or sublet this Lease or any interest hereunder other than to a parent corporation or wholly - owned s,.:bsid:ary of Tenant; (b) permit the use of the Real Property or any part thereof by any parties other than Tenant, its principals, agents and employees. Any assignment or sublet- tinq pursuant to this Paragraph 18 shall in no event relieve Tenant from any of its obligations hereunder and Tenant shall continue and remain primarily liable for the payment of all sums .� due under this Lease and for performance of its covenants and obligations under this Lease. Without limitation of the forego- ing, any consent given hereunder by Landlord to an assignment or subletting shall in no event be considered a consent to any subsequent assignment or subletting. 19. Surrender of Possession. (a) Upon the expiration of the Term or upon the termination of Tenant's right of use of the Real Property, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall (1) at once vacate the roof of the Office Buildinq and promptly, after requested by Landlord, dismantle and remove Tenant's signs, lightinq fixtures and equipment from said roof and any other portions of the Real Property; provided, however, that to the extent Tenant's signs and lighting fixtures cannot be removed or dismantled in a manner which is consistent with sound engineerinq practice and which will not disturb or otherwise affect the structural Integrity of the Office Buildinq, then the same shall remain at its location and title thereto shall thereupon automatically pass to Landlord without any cost by set-off, credit, allowance or otherwise, and (2) repair, at its expense, any damage caused to the Real Property or any part thereof by the existence of 9 0 0 0002/0611 1 such signs, lighting fixtures and equipment and/or by such dismantling and removal and if such use is not immediately surrendered or not immediately vacated. Landlord may forthwith tepossess itself !.hereof and remove all persons and effects therefrom and from the roof of the Office Building an:J the balance of the Office Buildinq and Real Property using suciz force as may be necessary, without being deemed guilty of any manner,of trespass, eviction or forcible entry or detairtr and without thereby relinquishinq any right given to Landlord hereunder or by operation of law. Tenant shall pay to Landlord upon demand the cost of r_pairinq any damage caused by su:h removal. (b) If Tenant shall fail or, after requested by Landlord, refuse to remove (to the extent permitted herein) any of :e property described herein from the Real Property or any part thereof, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost by set-off, credit, allowance or otherwise, and Landlord may, at its option, accept the title to such property or, at Tenant's expense, may remove the same or any part thereof in any manner that Landlord shall choose, and store, destroy or otherwise dispose of the same without incurring liability to Tenant or any other person. 20. Estozcel Car:ifica:e. Tenant agrees that from time to time upon not loss than ten (10) days' prior written request by Landlord, Tenant, or Tenant's duly auth-crized representative having knowledge of the following facts, will deliver to Land- lord a statement in writing certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the Lease as modified is in full force and effect); (b) the dates to which the Base Rent and other charges have been paid; and (c) that Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail. 21. Subordination. Tenant hereby agrees that this Lease shall automatically be subject and subordinate to any mortgages or trust deeds that may hereafter be placed upon the Real Property or any part thereof, and to all renewals, replacements and extensions thereof, and to all amounts secured thereby, except to the extent that any such mortgage or trust deed provides otherwise; provided, however, that the subordination provided for herein is subject to the condition that the rights of Tenant hereunder shall not be cut off or affected by foreclo- sure of any such mortgages or trust deeds so long as Tenant shall not be in default hereunder. Without limitation of the foregoing, Tenant covenants and agrees to attorn to the purchas- er upon any such foreclosure sale and to recognise such purchas- er as the lessor under this Lease. Tenant shall, at Landlord's request, execute such further instruments or assurances as Landlord may reasonably deem necessary to evidence the 10 —Nt &e ! ') 4Z 0 0 0002/0611 subordination of this Lease to the lien of any such mortgages or trust deeds (on the condition described above) or to acknowledge that this Lease is superior to such lien, as the case may be, and/or to acknowledge Tenant's covenant to attorn to a purchaser upon a foreclosure sale. 22. Certain Rights Reserved By Landlord. Landlord shall have t6he foilowinq rlgnts, each of Which LA dlord may exorcise without rot:ce to Tenant and without liability to Tenant for damage or in;ury to prcperty, person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an eviction, constructive or partial eviction or disturbance of Tenant's use of the Real Property or any part thereof, and shall not give rise to any claim for set-off, abatement of Rent, damages or any other claim: (a) To use the roof of the Office Building and any other part of the interior or exterior of the Real Property for any purpose Landlord shall desire, so long as such use does not unreasonably interfere with Tenant's signs and the view thereof and does not result in structures extending over or through Tenant's signs; (b) To interrupt, temporarily, the access by Tenant to its signs through any portions of the Real Property or to rsss:re temporary removal of Tenant's signs, to the extent reasonably necessary for the construction of improvements on the Real Property or the modification, repair or replacement of the Real Property or any part thereof, but in the event of such temporary interruption, Landlord will, as promptly as practica- ble, restore access to the Real Property and replace Tenant's signs, at Landlord's cost and expense; (c) To close the Office Building after regular working hours and on Saturdays, Sundays and legal holidays; provided, however, that Tenant shall have the right to admittance to the Real Property at such times and under such regulations as Landlord may prescribe from time to time, which may include but shall not be limited to, a requirement that persons enterinq or Leaving the Office Building identify themselves to a watchman by registration or otherwise and establish their right to enter or leave the Office Builidnq. Such regulations may include, but shall not be limited to, the requiring of identification from Tenant and Tenant's employees, principals and,agents; and (d) To establish controls for the purpose of regulatinq all property and packages (both personal and otherwise) to be moved into or out of the Office Buildinq and for the purpose of regulating access to public common areas of the Office Building. 23. Rules and Regulations. Tenant agrees for itself and its employees and to comply with the Rules and Regulations for the Real Property made from time to time by Landlord, as the 11 f�o�,N,.- It8i L� f.s�« 0002/0611 same may be modified or supplemented by Landlord. Tenant agrees that Lanlord shall not have any duty to Tenant to require other tenants to comply with such Rules and Regulations and os ant' s obligations under this Lease shall not be altered or reduced by reason of Landlord's failure to do so. 24. Rem. If default shall be made in the payment of the Rent or other•mcnstary s•=s payable by Tenant hereunder and such default shall continue for thirty (30) days after written notice to T nant, or if default shall be made in the observance or performance of any of the other covenants or conditions in this Lease which Tenant is required to observe *and perform and such default shall continue for thirty (30) days after written notice to Tenant, or if a default involves a hazardous condition and is not cured by Tenant immediately upon written notice to Tenant, or if Tenant shall abandon its property and interest under this Lease during the Term hereof, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this Lease, and thereupon at its option may, with or without further notice or demand of any kind to Tenant or any other person, pursue any remedy at law or at equity, as may be allowed at law for such default, including, without limitation, the right to terminate this.Lease and the Term created hereby, Tenant's right to place its signs on the roof of the Office Building and Tenant's right of access to enter the Real Property and Landlord may forthwith remove Tenant's signs and lighting fixtures without any liability whatsoever to 'tenant. Landlord shall have no obligation to remove any of Tenant's signs or lighting fixtures from the roof of the Office Building, but at its option, Landlord may elect to do so. Landlord shall be entitled to recover forthwith as damages a sum of money equal to (a) the Base Rent for the balance of the Term and (b) any other sums of money and damages owed by Tenant to Landlord. Tenant shall satisfy and pay any such amount upon demand therefor. 25. Expenses of Enforcement.. Tenant shall pay upon demand all Landlord's costs, charges and expenses including the fees of counsel, agents and others retained by Landlord incurred in enforcinq Tenant's obligations hereunder or incurred by Landlord in any litigation (through and including any appellate proceed- ings), negotiation or transaction in which Tenant causes Land- lord, without fault of Landlord, to become involved or concerned. 26. Landlord's Right to Terminate. Upon not less than ninety (90) days prior written notice to Tenant, Landlord shall be entitled to terminate this Lease and Tenant's use of and access to the Real Property, upon the occurrence of any one (1) or more of the following events: (a) If Landlord intends to demolish the Office Building; or 12 h*f.�N1►'� r 0 0 46 0002/0611 (b) It Tenant ceases to be a financial institution. In the event Landlord terminates Tenant#a'use and posses- sion of the Real Property, Landlord shall pay to Tenant, as Tenant's sole and exclusive damages for such termination, concurrently with the surrender of possession of the Real Property by Tenant, an amount equal to the product of (i) the aqqreqate amount of Tenant's construction and installation costs for said signs and lightinq fixtures times (ii) a fraction, the numerator of which shall be -.te number of months from the effective date of such termination to December 31, 2013 and the denominator of which shall be the number of months from the completion of construction and installation of said signs and lightinq fixtures to December 31, 2013. Upon such termination of Tenant's use of and access to the Real Property, Tenant shall have no further obligations hereunder with respect to the Real Property except in connection with liability incurred prior to said termination. 27. Notices. Any notice, request, demand, instruction or other document to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be delivered personally or sent by United States registered or certified mail. return receipt requested, postage prepaid and addressed to the parties at their respective addresses set forth below, and the same shall be effective upon receipt if delivered personally or two (2) business days after deposit in the mails if mailed. A party may change its address for receipt of notices by service of a notice of such change in accordance herewith. If to Landlord: Douglas Crocker II c/o McKinley Financial Group, rac. Suite 3250 200 West Madison Street Chicaqo, Illinois 60606 with a copy to: Errol R. Halperin. P.C. or Charles L. Edwards, P.C. Rudnick 6 Wolfe Suite 2900 30 North LaSalle Street Chicago, Illinois 10602 If to Tenant: Mr. David L. Paul 101 East Elagler Street Miami, Florida 33131 13 87_ 7 "' C i 0 0002/0611 4 with a copy to: 28. Miscellaneous. ('a ) All rights an shall be cumulative and remedies allotted by law. r Bernard Jacobson, Esq. fine Jacobson Block Klein Colan i Simon, P.A. 2401 Douglas Road Miami, Florida 33134 d remedies of Landlord under this Lease none shall asclude any other nigh%s and (b) All payments becoming due under this Lease and remain- inq unpaid whoa due shall bear interest until paid at the rate of two percent (2%) per annum above the Prime Rate (as hereinaf- ter defined) (but in no event at a rate which is more than the highest rate which is at the time lawful in the State of Flori- da). As used herein, the term "Prime Rate" at any time shall mean the rate of interest then most recently announced by Continental Illinois National Bank and Trust Company of Chicago ("CINB") at Chicago, Illinois as its prime rate. (c) Each of the provisions of this Lease shall extend to and shall, as the case may require, bind or inure to the benefit not only of Landlord and of Tenant, but also of their respective legal representatives and permitted successors and assigns, provided this clause shall not permit any assignment or sublet- tinq by Tenant contrary to the provisions of Paragraph 18 hereof. (d) This Lease contains the entire agreement and under- standing of the parties in respect to the subject matter hereof, and the same may not be amended, modified or discharged nor may any of its terms be waived excepp.by an instrument in writing signed by the party to be bound thereby. (e) Submission of this instrument for examination shall not bind Landlord in any manner, and no Lease or obligations of the Landlord shall arise until this instrument is signed by Landlord and Tenant and delivery is made to each. (f) No rights to light or air over any property, whether belonging to Landlord or to any other person, are granted to Tenant by this Lease, except as otherwise expressly provided herein. (q) Neither Landlord nor Tenant is or shall be liable to any creditor of the other or to any claimant against the estate or property of the other for any debt, loss, contract or other obligation of Landlord or Tenant, as the case may be. The relationship. between Landlord and Tenant is solely that of landlord and tenant, and no provision hereof, or act of either party hereunder, shall ever be construed as creating a 14 S 0 0002/0611 partnership or a joint venture or enterprise between the parties hereto, or the relationship of principal and agent. The terms and conditions of this Lease are for the exclusive benefit of the parties hereto and, to the extent permitted herein, their respective successors and assigns cnd not for the benefit of any third party. (h) If any lender requires, as a condition to its lending funds,•tho repayment of which is to be secured by a mortgage or trust deed on the Real Property or any part thereof, certain modifications that will not require Tenant to pay any additional amounts or otherwise change materially the right's or obligations of Tenant hereunder, Tenant shall, upon Landlord's request, execute appropriate instruments effecting such modifications. (i) Tenant acknowledges that Landlord has the right to transfer its interest in the Real Property and in this Lease, and Tenant agrees that in the event of any such transfer Land- lord shall automatically be released from all liability under this Lease and Tenant agrees to look solely to such transferee for the performance of Landlord's obligations hereunder, provid- ed that Landlord shall remain liable for any obligations accru- ing hereunder prior to the date of any such transfer. (j) The invalidity or unenforceability of any provision hereof shall not affect -or impair any other provision. .(k) The parties each agree to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action before or after the execution hereof as shall be necessary or desirable to fully carry out this Lease and to fully consummate and effect the transactions contemplated hereby. (1) The headings and captions herein are inserted for convenient reference only and the same shall not limit or construe the paragraphs or sections to which they apply or otherwise affect the interpretation hereof. (m) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms shall refer to this Lease, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this Lease. . (n) Words of the masculine, feminine or neuter gender shall mean and include the correlative words of other genders, and words importinq the singular number shall mean and include the plural number and vice versa. (a) Words Importing persons shall include firms, associa- tions, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons. is 0002/0611 (p) The terms "include," "includinq" and similar terms shall be construed as if followed by the phrase "without beinq limited to." (q) This Lease and any document or instrument executed pursuant hereto may be executed in any number of counterparts each of which shall be deemed an original, but all of which together shall con stit_:e one and the same instrument. (r) WIho ever under the terms of this Lease the time for performance of a covenant or condition falls upon a Saturday, Sunday or holiday, such time for performance shall be extended to the next business day. Otherwise all references herein to "days" shall mean calendar days. (a) This Lease shall be* governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, this Lease is executed as of the day and year first written above. T=RANT : DAZE SAVINGS AMM LOAN ASSOCIATION, a Florida corporation By:= ' Its:� 1� -+-.� r. r�,c.1: ► Attest: Its.. UNDLORD: i NEW WORLD TOWER ASSOCIATES LTD., an Illinois limited partnership By: Robert B bb, Goner 1 Par nor 16 • r'.�j: r PARS_ EXHIBIT A Lots 1, 2 and 3 of Smith Subdivision of Lots 4, S and 6 in Block 102 North, City of Miami, according to the Plat thereof, as recorded in Plat Book 3 at Page S of the Public Records of Dade County, Florida, together with the following appurtenant right-of-way and easement: A non-exclusive eight -of -way and easement on and over Lot 6, less the North 28 feet thereof, of Smith Subdivision of Lots 4, S and 6 of Block 102 North, City of Miami, accocding to the Plat thereof, as recorded in Plat Book 3 at Page S of the Public Records of Dade County, Florida, for the purpose of ingress and egress from Northeast Third Avenue to Lots 1, 2 and 3 of Smith Subdivision of Lots 4, S and 6 in Block 102 North, City of Miami, according to the Plat Book 3 at Page S of the Public Records of Dade County, Florida subject to those certain terms and conditions set forth in that certain Right-of-way and Easement Agreement dated September 27, 1979 recorded in Official Records Book 10527 at Page 1401 and that certain Assignment of Right -of -Way and Easement Agreement dated December 29, 1980 and recorded in Official Records Book 10971 at Page 18661 and PARCEL IT The South 24.00 feet of Lot 2 and all of Lot 3 in Block 102 North, A.L. Knowlton, Map of Miami, accocding to the Plat thereof as recorded in Plat Book B at Page 41 of the Public Records of Dade County, riorida. 11276-029-1 14958121563/3 V J-' I Z 186 ►G 995 25699030984/sjh/1 NorlcE of SIGN LEASE AGREEMENT 1, PAR__ Ss The parties to this Notice of Sign Lease Agreement are: 1.1 DADZ SAVINGS ANr LOAN ASSOCIATION, a Florida Corporation, as tenant, with mailing address at 101 East rlagler Street, Miami, Florida 33131. 1.2 NEW WORLD TOWER ASSOCIATES, LTD., an Illinois Limited Partnership, as Landlord, with mailing address at 100 North Biscayne Boulevard, Miami, Florida. 2. NOTICE: This is a Notice to all it may concern of the existence of a Sign Lease Agreement between the pasties executed on December 16, 1953 regarding the right to erect and saintain an advertising sign or signs on the roof of the office building known as the NEW WORLD TOWER which building is located on the real property described in Exhibit A appended hereto. LANDLORDS Attests NEW WORLD TOWER ASSOCIATES, LTD. TENANTS Attest: DADS SAVINGS AND LOAM ASSOCIATION / L7 o ward Lo Abbott Joel 0. War* " :;r�7► %Fecretary Vice Chairman STA# OF ILLINOIS ) CONY OF COOK ) The toregoin instrument was acknowledged before me this _thy day of Tuna , 1994 by ROBERT J. 8058 and UGLAS CROCKER, 11 of HER WORLD TOWER TES, L ., an Illinois Limited Partnership, on behalf of the Limited Partnership. At A t1 %. u otary ub c i t State of Illinois �c I — . My Commission expireat July 9, 1985 /. ' (SEAL) �j// �� co 16 0 12 i 66 rc 997 iTATS OF FLORIDA ) ) 08.1 COUNTY OF DADL ) The foregoing instrument was acknowledged before ■e this 3rd day of -April 1984 by Joel D. Ware Vice ChaSi`W an var . Abbott, SecretarX o JAVISGS AND LOAM SOCIA O , a Florida corporation, on behalf of the corporation. Notary Public - State of Florida at My Commission expires i �� • •:+�•• ( S LAL ) : 25698031284/sjh/2 Vic 12186 n 998 EXHIBIT A PARCH, I Lots 1, 2 and 3 of Smith Subdivision of Lots 4, S and 6 in dock 102 North, City of Miami, according to the Plat thsreof, as recorded in Plat book 3 at Page S of the Public Records of Dads County, Florida. 2569S031284/slh/2 Weil clicO SMf�Ns �— r 1 ! aS� 0 0- U September 4, 1986 City National Bank of Miami Trust Department 25 W. Flagler Street Miami, FL 33130 Re: New World Tower 100 N. Biscayne Boulevard Miami, FL 33131 $41— lob •.n. CenTrust Gentlemen: CenTrust Savings Bank, formerly known as Dade Savings and Loan Association, as Tenant, was granted signage rights under written agreement with New World Tower Associates, Ltd. as Landlord, dated December 16, 1983, a copy of which is attached for your convenience. The Landlord's interest, according to the public records, in the property was conveyed by New World Tower Associates, Ltd. to Jobert Kendall, Inc. on December 20, 1984, and by the latter to you as trustee on December 20, 1984. The purpose of this letter is to request that you review and approve the accompanying drawings and specifications for signage which CenTrust proposes to erect upon the subject building. Your prompt reply would be appreciated. For your information, we have submitted the proposal to the successor to Marlin Limited Partnership, holder of the roof top lease. The roof top tenant has no objections to the proposal as evidenced by letter dated August 18, 1986, a copy of which is attached. Very truly yours, <:;V. Edward L. Abbott Vice Chairman ELA:blc Enclosures cc: Donald K. Anderson Or 0 ip • CITY NAT:CNAL BANK OF MIAMI Z.R.E. REAL ESTATE FUND, LTD. -SERIES ;? as Trustee under Land Trust I.R.E. REAL ESTATE FUND, LTD. -SERIES :5 No. 5000300 1320 South Dixie Highway 25 west Flagler Street Coral Gables, Florida 33146 Miami, Florida 33102-5611 October 24, 1966 Centrust Savings Bank 101 East Flagler Street Miami, Florida 33131 Re: That certain Sign Lease dated December 16, 1983 by and between Nov world Tower Associates. Ltd., an Illinois partnership, as Landlord, and Cade Savings and Loan Association, a Florida coryoration, as Tenant Gentlemen: we are the successors in interest to the Landlord and you are the successors in interest to the Tenant pursuant to the above -referenced Lease. As Landlord, we hereby consent to the installation of the signs described on the drawings prepared by Sheldon a Lavrich, Inc.• Conaaltinq ingineers, 400 South Dixie sighway, Sallandale, Florida 33009 under their Job No. 86052 dated for approval October 23, 1986. This consent is granted to you on the condition that the installation of the suss evill comply with the terns ash ps+BMyems; - of the Iease and that the Landlord, at its cost, may, with respect to the signs on the east and vest sides of the building, either raise then to a higher elevation (so long as all applicable codes and requlations are complied with) or mount them closer to or flush against the face of the building. The Landlord shall repair any damage to the signs caused by moving them. Please acknowledge your consent to this condition by signing the enclosed copy of this letter and returning it to I.R.E. Real Estate Fund. Ltd. at the above address. Very truly yours, CITY NATIONAL BANK OF MIAMI, as Trustee under Land Trust No. 5008308 sy= IRVING President Tract Officer cr" NA"OR& W Yws V=UTn THIS NMTSUNU T W&'9 AsMATU U"= LANsT01JW NO_%Tj&i AN3 NOT NOWMALLY Apo NO awwft t 1x,41AA NT ea CV-199 :BALL CM -.: • '1 : A WTARKD IQU ST no BAN CCtober <<, 1966 Centrust Savings Bank Paqe Two Z.R.C. REAL ESTATE MO, M.-SERIES 25 By. I.R.t. Advisors Series 2S, Corp., its Kanaging General Partner sy : C C'-:-�� ?, , -1 I.R.L. REAL ESTATE MD, LTD. -SERIES 26 By: I.R.Z. Advisors Series 26, Corp., its Managing General Partner By: G"� The loregoinq is hereby consented tot CMROE! $AVIV= LUM sy t ! �� Edward L. Abbott Vice Chairman o Vvi' t•yw►�sr� ,e A 4 n PRESS DOWN HARD THE LAST COPY IS YOURS . r� c00 OcIICE USE ONtT A Call APPLICATION FOR ROOFING. SLAB. FENCE. DEMOLITION. AWNING. SIGN. SHEET METAL AND MISCELLANEOUS PERMIT soo"Calf t71811 complete tole follow -mg r =INNERS ACCRESS •OCPESS'ORS 1�PO �_s�'7 Cr NIA. •RCI.ITECr OR ENGINEER 1514 �LMTJ n A V L/ C164 APIC.ITECT S Op :oo f*' S N 0O S. nrut VV1WV A&LL�Q PRESEN7\t 9cIL ING tSE 1,ESCRIPTION OF INORtc 1�E'+1 4 l c ae, . •OPp•.( IyI I• .CO' •• O� \ 1.0.C• t0 •^/ Sr'a•^I rJ•O•^•wc1 wa F.. Ot•1• ^j. a.n/nl1\ O• .w1 l'. O• Y•^. �..r1 01 .n/ 51•'/ O• o• a. •^0 R„y1 'a P•1. a o+\ o• •^I !� •C.-I 0.. 1 a- •Co. 1.0.0 •Plop A too. C. .00•J•10 0 •^1 •^O $00, I 1 1 .a01 ^..11 0/ .f0• 41 .�•e./ \•/ a.••^/ 0.00'IN O' 'Y .O•. Au •^Q'o.IH OI JDO. Y11.10 rcl Io Iq mo.n•oa1 ••/ r.�. o. •\o•.•^.n \ Co^o.••\.1•on Acl )AT[ I w.1 \Y•1/ •10�1/1w11 •.. .01 .•e•c.le 1 r1. Y...o •• \ou. \•0.../ ul. a•1 PERMIT � s G w r C C a 1uMBER �� s pAtE02—L 1 (C�C� ISSuf cEE SL N =AFFIDAVITATTAC-ED VIOLATION FEE CON7RACrOR S LICENSE P ,SSuEO R Y f N iJf _ APPROVALS A NINC ^ FIRE BUBuILTYPE ZONE GROUP Tak•CTVQAL ELECTRICAL _PLUMBING c N � r z P NIECMANICAL =LANDSCAPE I C =PERMITOrEL I I —FIRE PREVENTION �• m..REQUIRE =ELECTRICAL I I 1 7 PLuti-BIND I _ ) I ::NEC —AN —CAL _ � s I II TREE�O�- , .%IT. _ S AERVIT YES= N0= OT.ERAoawryA:SRE:UIRcD =EPO =EaRB ;TOP DATL COMM(NfS FOR S167 IMSPLCTIOMS CALL If0.7NY FOR OTwcP IRSPLCTIORS CALL S71•6P77 INSPECTOR'S COPY Q►w r; F-- « F1 0 CESAR H. ODIO C,iv %4AMAger March 2, 1967 Stanley B. Price, Esquire c/o Fine Jacobson Schwartz Nash Block i England Attorneys at Law 2401 Douglas Road !!Meal, Florida 33134 Re: Proposed CWntrust Sign on the New World Tower Building at 200 N, Biscayne Boulevard Dear Kr, Price: This is to confirm our telephone conversation of Friday, February 27, 19870 that in order for us to permit the erecting of a sign which is to have the lettering CENTRUST you must mast one of the following conditions% 1- Centrust must occupy a space and do business Within the Now World Tower Building, 2- The sign will reflect the new name of the building if the building is to be renamed. As Loon as you have furnished me proof of one of the above conditions we will proceed to approve the sign permit, JAG/lc cc: Walter Pierce Edith Fuentes Juan Gonzales Ed Milligan WWry ul�r,y, urs, o h A, Genuardi n g Administrator 51,ILDINC AND ZONINC DIPART.MINT j?j % W Ind Srr44t,/ 0 Oes 3307041%Nt"i, FL 33333.0704 GI 4 14 AFFIDAVIT OF ALAN B. LEVAN STATE OF FLOPIDA ) ss.. COUNTY OF DADE ) BEFORE ME the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared ALAN B. LEVAN, who after being duly sworn upon his oath by me, deposes and says: 1. I am the Chairman and Chief Executive Officer of I.R.E. Financial Corporation (NI.R.E.~). I.R.E. owns and controls the corporate general partner of I.R.E. Real Estate Fund Ltd. Series 25 and I.R.E. Real Estate Fund Ltd. Series 26, which own the New World Tower building located at 100 Biscayne Boulevard, Miami, Florida. 2. I was approached by Edward L. Abbott, Vice Chairman of CenTrust Savings Bank ("CenTrust"), and told that it was necessary for CenTrust to occupy a space and do business within the New World Tower in order to place its signs on the building. It was further explained to me that this requirement was a part of the zoning ordinance of the City of Miami. 3. Mr. Abbott requested that I arrange for I.R.E. to lease CenTrust the very smallest possible amount of space, even a "broom closet," so that CenTrust could argue to the City that it had met -the "occupying space and doing business" requirement of the zoning ordinance. 0 4. I refused to grant this request, recognizing that it would amount to a fraud.on the City of Miami. .S. I have reviewed the letter from I.R.E.'s counsel setting forth our appeal from the decision of the zoning administrator to permit CenTrust to install and maintain its sign on New World Tower and find the factual statements contained in that letter to be true and accurate to the best of my knowledge and belief. 6. FURTHER AFFIANT SAYETH NOT. ALAN B. LEVAN SWORN TO AND SUBSCRIBED before me this 8 k day of May, 1987. My Commission Expires: •orur wlue snrt W pta= 0 CIO"" to my 2/, bt7 we M1 MAE#;, IDS. M. y Nofary Public, State of Florida w 2 r • � asp:; 0 w M. 87-7:3,Z 0 • AFFIDAVIT OF LINDA J- DAVIS STATE OF FLORIDA 1 1 SS: COUNTY OF DADE 1 BEFORE ME, the undersigned authority, personally appeared LINDA J. DAVIS, who, upon being duly sworn, deposes and says as follows: 1. I am over the age of 18 and am a resident of Dade County, Florida. 2. I have personal knowledge of the matters to which I am testifying to in this affidavit. 3. I have been employed by I.R.E Financial Corporation as Marketing Administrator and Tenant Relations Manager at the New world Tower Building, 100 North Biscayne Boule•.rard, Miami, Florida, from September 28, 1986, to the present date. 4. My employment responsibilities include acting as daily on -site personal representative for the building owner, providing lessees a personal contact with building management, and coordinating or servicing all lessee queries and requests. S. Through my employment and responsibilities as Marketing Administrator and Tenant Relations Manager, I have intimate knowledge regarding the identity of all tenants currently occupying space in the New world Tower Building. 6. Centrust Savings Bank does not currently lease or occupy any space in the New world Tower Building. 7. No one at Centrust Savings Bank has contacted your affiant or Allen Morris Company, leasing agent for the New world Tower Building, to lease space in the building. FURTHER AFFIANT SAYETH NAUGHT. L NDA J. DAVIS Sworn to and subscribed before me this &.49 day of May, 1987. NOTARY PUBWC, State of Florida My Commission Expires: 1NiYt Pmfc $fv( Or rl�.!!j •► c04/116104 fit, rq, ,, IDfo[D fM/U GIKr�t :�: • p elk 8 7 ,;, 76) (' a 97 03/26 1",%7 a 305 37151.10 Nit 02 Rosax LAw Orricas, P.A. SWITt 2010 Ntw WORLD TOwt• 00 NOR,- •-ftA-NC 00069VAOD MIAMI. Fi natD. 33i0e-410e I V.v.o W099% TCltoroNC 377 »» W c"ACL • most" AACA coot 305 J..nrftt.L .1 005CN March 27, 1987 Mr. Alan B. Levan President I.R.E. Real Estate Fund, Ltd. Series 25 And I.R.E. Real Estate ?undo Ltd. Series 26 1323 South Dixie Highway Coral Gables, FL 33146 RE: ROSEN LAW OFFICES, P.A. SUITE 2910 Dear Mr. Levan: Pursuant to paragraph 21 of my lease, please be advised that our office intends to sublet a portion of our office space to Centrust Savings Bank or Centrust Realty G Construction Corp., a wholly owned subsidiary of Centrust Savings Bank. As the lease requires your written consent, I would appreciate your signature below reflecting your consent to this sublease. Time is of the essence. would you please advise by Tuesday, March 31, 1987, 5:00 P.M. Very truly yours, MICHAEL J. RO MJR:el cc: Mr. Michael Morgan Leasing Agent Allen Morris Management Co. APPROVED AND ACCEPTED: ALAN S. • LEVAN Date: ---.. ----- 7-1,.1 ! j fk I 87-7:3,: f7z� 6&1* Crr CeS STEAJOL WEwVER Ku.z;ER Wms5Lm kLxAD� tie SrP?EBsoN. P. A. .+.se.a• 'Cwto SC Imes' ridiGle" S'"ee' bmkm. PWRMA 03130 3cs -e9 UCC . 't-c• . SSW • •t.t::• [o% 3C6 'e9 3395 • -e9 33"se [ • C.ar� •�-.-err c.. • moo[.. ••at.• . SA • 6C%%C•' a. SC♦ w .Co S-sa♦ r.C. •3 •c%%C'• C[.CS•C r0•• S r -.-C. o C-.•O a Sets:- :-% r --a&, :Cs :C•a 9•at.a.S.. -C.-♦ : :as .. •C S•to-&% C - a- .. as •r•. a a%.. C.O.. S•C.C% 0 0.6••. •Cra.: • :Z.% :a - :Corr SC"C•a •.♦ :.10a a ..a• t S %a••a sC-- ' :•jai Coa rC ..o• S - S -'Col:% -• S-c•-e• a oC.Ze. :.. ► S••e..C• .CS. c mosco• C....S -a"■ 0 sO.C. ..ar . rc... Ca"O, It scot' Coa.G a r0►OS c.GC%C C S•CaorS oCSCMao. ••a•.aC, r.•ra•. C•a-G COataoO SIC .CS -cm . GO.OS-t'•. .a• a S.C.% •a•• .Cant C -atira cOwa•O a S•Co.. a. C[ • ..tiC•C.•• •oacrtme So-%G cicmoc r .a-•. CC%%S •-.•..C• 'C:0. 0 •. %0-Orrto 100.4a.O . ..C.vco S.SA% Cv,%C aceco• VC'SS.[o . rCzc%c.G- •a-o C a G wC..[S to•&% C. ♦Ca . ••Cr C-O.S •-C.As %A . a+... a••S oCS[o• • rasa ..ao• ♦ 6 VC00S HIND DELIVERED Michael J. Rosen, Esq. Rosen Law Offices, P.A. Suite 2910 New world Tower 100 North Biscayne Boulevard Miami, Florida 33132 March 30, 1987 Re: Rosen Sublease to CenTrust Savings Bank Dear Mr. Rosen: Owe" S /"e[O St"i0" C0160116696 -a..pa Orr Ce S. It 33.z o:S• Crr CC •Ca 3890 -a-wa r-Oo.Oa 336Z• 6 3 223 .6C= C:06a8400 err CC S- It *cc G&O%C-- •.AZA ?O S0.•- coatiGC a.C♦-t 006a1400. r.0111-0a 3290• .3cs. a22 ascz a6racce G--woa'• This firm represents I.R.E. Real Estate Fund Ltd. Ser- ies 25 and I.R.E. Real Estate Fund Ltd. Series 26 (the "lessor") with regard to your request for the consent of those parties for a sublease of your office space to CenTrust Savings Bank or CenTrust Realty i Construction Corp., a wholly owned subsidiary of CenTrust Savings Bank. Please be advised that the lessor does not consent to your proposed sublease on the following grounds: 1. It is the lessor's belief that the purpose of the sublease is not a proper one in that it believes that CenTrust intends to occupy only a token portion of the building in order to main- tain a sign on the building in violation of the letter and spirit of the Ordinances of the City of Miami. 2. The CenTrust sign recently placed on the building violates the sign lease agreement ►*,ter:.- .; �� Michael J. Rosen, Esq. March 30, 1987 Page Two between lessor and CenTrust. The sign as constructed is a nuisance and a detriment to the value of the building. Any sublease or assignment which would facilitate the wrongful placement and maintenance of that sign is not a proper purpose. 3. Your lease provides that you will use the leased premises solely for the purpose of a law office and the sublease to CenTrust is in violation of that provision. Finally, paragraph 21 of your lease provides that lessor may, at its option, terminate that portion of your lease which is proposed to be sublet. Accordingly, we would appreciate your immediate advice as to the specific portion of your demised premises which you proposed to lease to CenTrust so that the lessor may determine whether or not it wishes to exercise this option. very truly yours, EUGENE E. STEARNS EES:jm cc: Mr. Alan B. Levan bcc: Alison W. Miller, Esq. Bradford Swing, Esq. Alan H. Fein, Esq. STCAANS W(AV(A MIL6[11 WC1331(11 ALMAO(rr f SITT[ASON, P A 8 6 % a.l1'« '--//jam MUS(VM TOW(1II 1. 170 WCST rLAOL(w STCCT MIAMI. rL01/10A 33130 • TCLCP040FOC 1303) 709.3800 KI pty�' e Q i 7 3 aid« '� . o0 EDITH Ni. FUENTES Director '. N April 9, 1987 Centrust One Biscayne Tower 2 So. Biscayne Blvd. Miami, Florida 33131 RE: 100 Biscayne Boulevard Building Permit No. 87-780 Gentlemen: CESAR H. 0010 City Manager For your information, I an attaching a copy of the letter dated April 6, 1987, from Josepi: A. Genuardi, Zoning Administrator, to Stearns Weaver Miller !,'issler Alhadeff & Sitterson, P. A.., requesting the revocation. of Building Permit No. 87-780 for signs. The reason for thi.3 is that the signs constitute off -site advertising, which is not permitted in the CBD-1 zoning district - (Central Business District under the current provisions of City of Miami Zoning Ordinance 9500, as amended. Section 304.4(d) of the South Florida Building Code states that all parties shall be notified before any action is taken. This building permit has been revoked and the field inspection has been stopped. if you need any further information, please contact Joseph A. Genuardi at 350-7960 weekdays from 8:00 AM to 5:00 PM. Very truly yours, 1 , Santiago JorgeTVentura, A.I.A. Assistant Director and Building Official SJV/erj/attch cc: Edith M. Fuentes, Director J. A. Genuardi Topical Sign Co. Maria Merritt 760 W 27 Street Central files Hialeah, Florida Stearns Weaver et al 150 W. Flagler Street Miami, Florida 33130 8L ILDI NG AND ZO%I%C DEPARTMENT pt•�y,-,t+; r ;•S'N VY :niJS-rer, PO H,). )WOO ♦i,rm.. Fl IIM-07011 '1051 7S0.79S7 c77 � OZ 0 %qst�r of �{RiZzmt t� EDITH M. FUENTES CESAR H. 0010 f, City Manager Oirecto► Q .tNN ;.•• 1I April 6, 1987 Stearns Weaver Miller Weissler Alhadeff i Sitterson, P.A. C/o Mr. Richard Brasch Museum Tower 150 West llagler Street Miami, F1 33130 Re: 100 Biscayne Boulevard Dear Mr. R. Breach: In response to your letter of April 2. 1987, please be advised that since Centrust does not rent space and/or do business at the captioned address, the signs on the building reflecting the "Centrust" name must be removed. These signs constitute off -site advertising, which is not permitted in the CBO-1 zoning district (Central Business District) under the current provisions of City of Miami Zoning Ordinance 9500, as amended. It is therefore necessary that I.R.E., as owners of the property take immediate steps to secure removal of these signs, and thereby bring this property into conformance with the aforementioned zoning regulations. Your immediate attention to this matter is requested to avoid the necessity of the City taking further action. By copy of this letter I am requesting that Mr. Santiago Jorge -Ventura revoke permit No. 87-780 in accordance with Section 304.4 (a) of the South Florida Building Code. If you have any further questions, please feel free to call on us. . Wryly, yours. Genuardi dministrator JAG/lc ` cc: Santiago Jorge -Ventura. Building Official/ Juan C. Gonzalez Ed Milligan Central file Eldorado Signs c/o Stan Pachter - Hollywood Fl Tropical Signs I.R.E. c/o Alan Feine BUILDING AND ZONING DEPARTMENT 27S N.W. Ind SueevP 0.1101 330708/Miami, FL 13233.0101/00S1 3%?9S7 7— 1, &.) a r^� � % 87-70-4 0 •.•• •roraer X.. w ►.f..rea• .. ... .Samoa* •... •t•0..•1 a, at, f aro +a..• 5.00.•t•O •i• 0•f -•• . :tf•••.o rofl.� .f.r . a..f ..••_., t.3..V .• . r•a a•:i StN :t am a i �uf a•a.-arm -a. FiNt JACOBSON SCHWARTZ NASM BLOCK d ENGLAND. P A. S. It •:o •.� em'C•t a.tn.t Miami. r60418S 3313, w.G..a... aam a•..•• . .O••+•r 30%, 39. Soo Sah.mS ..Ceaaar DOWS .ms O//'Ca .•Cr.•• a .opha• -tat■ 8643 • '.1too •S:.ta G.Sra t..S C•J., r •. ..Of +. 3].1 a•-.f. r Nm• . • •..w0ar.r -a..• ram :... ]•• •for •Orr t .7f... rl.0 ••f • .. .COO•l.. :af• f .-SC7. •l•t.... rorr •.•. •.]r.S ..••. • .tam l aC....... •t...r . f fC...rf .aft•- - fame•. i-• a • f .•t•f•a . ..•• . f re. . a fo.7re. 00 , ]..., .f..a Joseph A. Genuardi Zoning Administrator 275 N.W. Second Street Miami, FL 33233 'ear Mr. Genuardi: SGt' N\ ft07 •t.a• ftt•N uf.t •. w _.w AUG2W6&69 Orr -CA • .•.. [•0..[ •... 0. 332 • Iaf-as *$CO uf.t ..•-•.w April 23, 1987 RAXD DELIVERY As you know, we represent CenTrust Savings Bank and its affiliates ("CenTrust") in connection with the building at 100 North Biscayne Boulevard (the "3uildirg"). We have reviewed letters regarding this matter from you and one from Santiago Jorge Ventura, Assistant Director of the Building and Zoning Department. The latter letter, addressed to CenTrust, states that the building permit for the erection of signs at the Building, Building Permit No. 97-730 (the "Building Permit") has teen revoked. We request that the Building Permit be reinstated. It has become apparent to us that you and other City officials are unaware of all of the facts involved in connection with this matter. We are confident that once you are aware of all facts involved, that you will conclude that the Building Permit should be reinstated. we want you to know the following: 1. CenTrust holds the mortgages on the Buildina. CenTrust is the holder of the mortgages on the Building securing approximately $20,000,000. CenTrust Savings Bank is the largest savings bank in Florida. Its business is to lend money an Leal estate secured by mortgages. Mortgage payments for the Building are collected by CenTrust on a monthly basis. A copy of the mortgage documentation is enclosed with this letter. 2. Sin Lease. CenTrust formerly owned the Building. The Building was sold by CenTrust in 1983. CenTrust took back 4 ems. Joseph A. Genuardi April 23, 1987 Page Two a purchase money mortgage. At that time, CenTrust reserved a continuing interest in the Building. That interest took the form of a lease allowing CenTrust the exclusive right to erect signs on the Building (the "Sign Iease"). A copy of the Sign Lease is also enclosed. Notice of the Sign Lease was recorded in the Public Records of Dade County and a copy of the recorded Notice of Sign Lease is enclosed. 3. Consent of Landlord. on October 24, 1986, the landlord, IRE Real Estate Fund, Ltd. ("IRE") and City National Bank of Miami, as Trustee for IRE under a land trust and the legal title holder of the Building, executed a Consent to the erection of the signs which are the subject matter of the Building Permit (tne "Signs"). A copy of the Consent is enclosed. When CenTrust was told that a modicum of space must be leased in the Building in order for the Signs to be erected, CenTrust accepted that at face value. CenTrust requested IRE to lease space to :t in the Building at market rates. Although IRE had consented to the erection of the Signs, IRE refused to rent space to CenTrust in the Building and has prevented CenTrust form subletting space in the Building. Perhaps if CenTrust had been allowed to rent or sublease space in the Building at market rates, :hat would have been the end of the matter and we would not have been required to look further into the interpretation which had been given to the ordnance requiring leasing of space in the Building. Under the circumstances, we investigated the law, we have concluded that the ordinance clearly does not require compliance only by renaming the Building or by leasing space in the Building. it is our opinion that because CenTrust holds the mortgages on the Building and has retained an interest in the Building from its prior ownership, the applicable ordinance permits CenTrust to have a sign identifying it placed upon the Building. The Signs in question are in compliance with the terms of the Agreements which CenTrust has with the owner of the Building. Although we do not believe that it is required to do so, to further buttress CenTrust's claim of entitlement to have these Signs erected, CenTrust is appointing a statutory resident agent, as required by Florida law, which will be an entity that occupies the Building. For all of the foregoing reasons we urge you to reconsider your actions and to order the reinstatement of the Building FINC .JACOSSCN SCMWAMY& NASH 9LCCK d ENaLANo. P. A. 8 • ( alp« C,. �• 1 r 0 Joseph A. Genuardi April 23, 1987 Page Three Permit or take such other action as will effectively provide the same result. Very truly yours, A' Richard Jay Weiss RJW/dlw 16276.0029 Enclosures Orme JACOeeON SCMWAAT= NASH BLOCK & ENGLANo. P.A. p►" I�N7 ti S I- F • CATION FOR ROOFING. SLAA. FENCS. DEMOLITION. AwNINO. SIGN. $MEET METAL AND WSCSLLANEOUS PEIIMIT ►[wilt OA11 IlaguaO w ;l ` . QV AOOIIan1 shM1 cNMNu 011 Nlllwwwq OAtt10AVITATTACK10 =VIOLATION t11 �" CONtwAtt L Ns! • • oo its Lldr •••,•�' Iss�wD s. CONTRACTOR /4knNAICA1 ' YIKE cMr, ! /1 ? Z �A•� i!!A fCL j tons 0%ML ma 90ANL ARCNITICT ow )'� •lAr'R / �it /'i[r/ �C°117 /NGINlIN , STRuCTWAL ARCwTSCT'SOR i0 11ti{ S � i �iLL� Y /W//JliiiA�.�+ l/CTOICAL LO~ WNG 4A1 �• ��C'�i O 1LLwr11NG O wit MAIMCAL ON WA ItTION Of vomit d !�✓ •�iC ✓-� O LANOICAI! Dii�NMT j T[L —/Iwv1NTION. 1 1 ..WwttoN 11N1 1..1 {N••NU.• 4{.EMI tq lag A..M.•{ 01 �.Mht{ {N .- M1I1• 0-0.{•{w me { C.10 M Ww. uw {• 1w{ !1{1{ of /.6. 0-0 M.." 400 aN11N1-•M *1 1.{ •.-NMN 0•.490 180--t{F{ ' 1N1w• • {•ti M Nlf •N� WM {.• Yw{./MM.••{ .1.M me&"I of t/•�1.{{ M /M MeM MMMI{ of NMI eve Irk gal to we w+�M M �1 obo"w was cM1wwY1M Age. s°cNi1Tu/itiaeALiacr*OILICTRICAL 0 1R►IMUM R! • a OAT! • OttuWING M 1NSRiCTION te$ CnlCNAINCAL O 1011 106MO IAL $MTN T OpA CColl�cTlD OTNM tlA1MAL5111 1 1tR1MIT Cos• • 1 .tt { 01001101OG i0 r•t/ SLAM SOFT. 1/Np OR WALLS CONY /w LF OSIIOLITIOM SOFT. L {.y {•w{ I{M "w MM1wN IWA 1.. •.M•.y .. Wt{ I..IM dab M Imm 0l1�IT10l1. 1 M{• 1•M .w r•wl *Iqi «M wl.Mlw AIJWM COW. site Comm!rs ` 1 $ iLICTRICAL •111;1 NO C I SIt! SO/T s/p OF Q N C ION LANOKANNG Sai[r YlrAL ru11nNGAAN01LAsnNG INSPICTOPI COPY coacs F IM s w IwV16111w1 ttll 1/1.am • .ate[' a • -S"::r 4ae. aa_�g�r --a•_ES •• •. S_ar Ot• Sa •r - st.' w _. •4 _ St•cta as .. ste.Cw '2 •ter . S�Oc• _C_ a SL �4�t•: ;►e•S s•-CrS 'taw• s re r 4a•• Y r r( .(rY(T. rear.(. tw•C r it/•Ot tevY • 3Cr[•L ti .2Ya•raY - zeta% Dact . J yt•a• 4awyw C•t• S•[•-tY .-[.r4ar Su• saw6...pa.� FINE JACOBSON SCHWARTZ NASH BLOCK a ENGLANO, P. A. =_ E -- �. SO =•E_- •.E%,E MIAMI. I•LONICIA 33131 GtIo arr-&% 3CS �'• 2CC SteYawO .•CCSSc% • C-uo a .est•-to -E.E■ 2a43 a •%zeta :a-•ry S•tv[Y Yl rYY•a• r er. L.e 6Ar CS4ar _tra. _•` 4t■ S�Vy t _=Sa• . -t%tz _aa-to r =CIS t _ 4tS==Y =-•eLts t •• .-t• -am• Y . %aS- M�_. •4 .a. ea.4te ._.L rt s w•wrto z[Q•o[ •l•'- Mt,.&- . •0S'CY !••Nt• ••'Ct • saesa•• •tss.[w -A46tS 3 *10- _QY•S eyrr % •^.. .tS, t !C-aar4•N St _&..•r S SC-.raw'2 _Csta- - St•c•• Ca—O 4 S-St•S'['+ S--AM. . S.40V .•N% 0 S0.O4Cr • C-ae0 .a` w( SS r.-.a arr wC..S .-_ t • S 4 .. •4SZ% Joseph A. Genuardi Zoning Administrator 275 N.W. Second Street Miami, FL 33233 Dear Mr. Genuardi: April 23, 1987 QoucuS oerct _ae_E '• a4 -ah �* LAuCtACALt orr'Ct "SC Ste_ -taS' - a: •.C..-_ 7=S 472 25c: .a86t BAND DELIVERY As you know, we represent CenTrust Savings Bank and its affiliates ("CenTrust") in connection with the building at 100 North Biscayne Boulevard (the "Building"). We have reviewed letters regarding this matter from you and one from Santiago Jorge Ventura, Assistant Director of the Building and Zoning Department. The latter letter, addressed to CenTrust, states that the building permit for the erection of signs at the Building, Building Permit No. 87-780 (the "Building Permit") has been revoked. We request that the Building Permit be reinstated. It has become apparent to us that you and other City officials are unaware of all of 'the facts involved in connection with this matter. We are confident that once you are aware of all facts involved, that you will conclude that the Building Permit should be reinstated. We want you to know the following: 1. CenTrust holds the mortgages on the Building. CenTrust is the holder of the mortgages on the Building securing approximately $20,0008000. CenTrust Savings Bank is the largest savings bank in Florida. Its business is to lend money on real estate secured by mortgages. Mortgage payments for the Building are collected by CenTrust on a monthly basis. A copy of the mortgage documentation is enclosed with this letter. 2. Sign Lease. CenTrust formerly owned the Building. The Building was sold by CenTrust in 1983. CenTrust took back l Joseph A. Genuardi April 23, 1987 Page Two a purchase money mortgage. At that time, CenTrust reserved a continuing interest in the Building. That interest took the form of a lease allowing CenTrust the exclusive right to erect signs on the Building (the "Sign Lease"). A copy of the Sign Lease is also enclosed. Notice of the Sign Lease was recorded in the Public Records of Dade County and a copy of the recorded Notice of Sign Lease is enclosed. 3. Consent of Landlord. On October 24, 1986, the landlord, IRE Real Estate Fund, Ltd. ("IRE") and City National Bank of Miami, as Trustee for IRE under a land trust and the legal title holder of the Building, executed a Consent to the erection of the signs which are the subject matter of the Building Permit (the "Signs"). A copy of the Consent is enclosed. When CenTrust was told that a modicum of space must be leased in tha Building in order for the Signs to be erected, CenTrust accepted that at face value. CenTrust requested IRE to lease space to it in the Building at market rates. Although IRE had consented to the erection of the Signs, IRE refused to rent space to CenTrust in the Building and has prevented CenTrust form subletting space in the Buildi:g. Perhaps if CenTrust had been allowed to rent or sublease space in the Building at market rates, that would have been the end of the matter and we would not have been required to look further into the interpretation which had been given to the ordinance requiring leasing of space in the Building. Under the circumstances, we investigated the law. We have concluded that the ordinance clearly does not require compliance only by renaming the Building or by leasing space in the Building. It is our opinion that because CenTrust holds the mortgages on the Building and has retained an interest in the Building from its prior ownership, the applicable ordinance permits CenTrust to have a sign identifying it placed upon the Building. The Signs in question are in compliance with the terms of the Agreements which CenTrust has with the owner of the Building. Although we do not believe that it is required to do so, to further buttress CenTrust's claim of entitlement to have these Signs erected, CenTrust is appointing a statutory resident agent, as required by Florida law, which will be an entity that occupies the Building. For all of the foregoing reasons we urge you to reconsider your actions and to order the reinstatement of the Building FIN[ JACODSON SCHWARTZ NASH BLOCK a ENGLANo, P.A. Joseph A. Genuardi April 23, 1987 Page Three Permit or take such other action as will effectively provide the same result. RJW/dlw 11276.0029 Enclosures Very truly yours, i ,i � Wit Richard Jay Weiss FINE JACOBSON SCHWARTZ NASH BLOCK & ENGLAND, P.A. 11 i" CITY NATIONAL BANK OF MIAMI as Trustee under Land Trust No. 5008308 25 West Flagler Street Miami, Florida 33102-5611 Centrust Savings Bank 101 East Flagler Street Miami, Florida 33131 I.R.E. REAL ESTATE FUND, LTD. -SERIES 25 I.R.E. REAL ESTATE FUND, LTD. -SERIES 26 1320 South Dixie Highway Coral Gables, Florida 33146 October 24, 1986 Re: That certain Sign Lease dated December 16, 1983 by and between New World Tower Associates, Ltd., an Illinois partnership, as Landlord, and Dade Savings and Loan Association, a Florida corporation, as Tenant Gentlemen: We are the successors in interest to the Landlord and you are the successors in interest to the Tenant pursuant to the above -referenced Lease. As Landlord, we hereby consent to the installation of the signs described on the drawings prepared by Sheldon 6 Lavrich, Inc., Consulting Engineers, 400 South Dixie Highway, Hallandale, Florida 33009 under their Job No. 86058 dated for approval October 23, 1986. This consent is granted to you on the condition that the installation of the signs will comply with the terms and provisions of the Lease and that the Landlord, at its cost, may, with respect to the signs on the east and west sides of the building, either raise them to a higher elevation (so long as all applicable codes and regulations are complied with) or mount them closer to or flush against the face of the building. The Landlord shall repair any damage to the signs caused by moving them. Please acknowledge your consent to this condition by signing the enclosed copy of this letter and returning it to Z.R.E. Real Estate Fund, Ltd. at the above address. Very truly yours, CITY NATIONAL BANK OF MIAMI, as Trustee under Land Trust No. 5008308 By: IRVING J. ER, Vice President a Trust Officer CITY NATIONAL BANI Of MIAMI EXECUTES TMIS INSTRUMENT SOLELY AS TRUSTEE UNDER LAND TRUST NO.St'S X AND NOT INDIVIDUALLY ANO NO °E::S?NAL 1:!7G:rACNT OR CZ0111E ZHALL EVER osrAINIO AG:.INST THE SAID ::?!1 `F T' SS IN,%RUMeN',. October 24, 1986� Centrust Savings Bank Page Two I.R.E. REAL ESTATE FUND, LTD. -SERIES 25 By: I.R.E. Advisors Series 25, Corp., its Managing General Partner By: I.R.E. REAL ESTATE FUND, LTD. -SERIES 26 By: I.R.E. Advisors Series 26, Corp., its Managing General Partner y: The foregoing is hereby consented to: CENTRUST SAVINGS HANK By: Edward L. Abbott Vice Chairman a LVI� C!�itu vrf _{�ii�mi EDITH % FLENTES Dlrtcror April 24, 1987 Centrust One Biscayne Boulevard 2 South Biscayne Boulevard P4iami, Florida 33131 RE: 100 Biscayne Boulevard Building Permit No. 87-180 Gentlemen: DES AR H OD10 C !. %1arase, This is a follow-up of my letter dated April 9, 1987, regarding the above -referenced address. I received a memorandum dated April 24, 1087, from Joseph A. Genuardi, Zoning Administrator, informing me that the applicant for signs at 100 Biscayne Boulevard under permit No. 87-780 has satisfied the conditions for approval insofar as occupying the building and having authorization from the ;wner. With this information I have no objecti:n in authorizing the reinstatement of Building Permit No. 87-72and all inspections may be started since you have complied with our requirements. Very truly yours, Santiago orge-Ventura, A.I.A. Assistant Director and Building Official SJV/erj cc: Walter Pierce, Asst. City Manager Edith M. Fuentes, Director J. A. Genuardi, Zoning Administrator Maria Merritt, Supervisor Permits & Revenue Tropical Sign Co. 760 West 2T Street Hialeah, Florida 33010 Stearns Weaver et al 150 W. Flagler Street Miami, Florida 33130 Central files BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Strm/P.O.Boa 330706/Miuni, FL 33233.0706/(305) 350.7957 • Mr. George Barket offered the following Resolution and moved its adoption. RESOLUTION ZB 77--87 RESOLUTION GRANTING APPEAL OVERTURNING DECISION OF THE ZONING ADMINISTRATOR TO ALLOW THE ISSUANCE OF A SIGN PERMIT AT 100 BISCAYNE BOULEVARD. Upon being seconded by Mr. Osvaldo Moran—Ribeaux, the motion was passed and adopted by the following vote: AYES: Ms. Morales, Basila Messrs. Gort, Moran—Ribeaux, Barket and Milian NAYE S: Mayor, Luaces and Romero ABSENT: Messr. Sands Ms. Fox: Motion carries 6 to 3. June 15, 1987, Item # 3 Zoning Board U Fine Jacobson Schwartz Nash Block & England HAND DELIVERY Mr. Joseph A. Genuardi Zoning Administrator City of Miami Zoning Dept. 275 N.W. 2nd Street Miami, FL 33233 One CenTrust Financial Center 100 Southeast 2nd Street Miami, Florida 33131 (305) 577-4000 Cable FLORWALAW Telex 522726 July 22, 1987 Submitted into the public Re: 100 North Biscayne Blvd. Miami, Florida Dear Joe: record in connection with item on -42 3—V? Matty Hirai City Clerk As promised, CenTrust has appointed its registered agent in the captioned building. Attached to this letter is a "Resident Agency Agreement" between various CenTrust entities and the law firm of Friedman and Bauer, P.A. (the "Agreement"). The Agreement provides that Friedman and Bauer will be the resident agents for all of the entities which comprise the CenTrust companies. I have also enclosed the documents which were filed with the Secretary of State. As agent, Friedman and Bauer will be authorized to accept service of process and other documents which may be delivered to CenTrust at the address set forth above. I apologize for the fact that it took us so long to appoint this agent. As you mentioned at the hearing before the Zoning Board, the appointment of this agent will once again satisfy the requirements of the applicable ordinance and, therefore, butress your original opinion on this subject enabling you to reinstate the building permit. Thank you for your cooperation and patience. Sincerely, w P cko4 A-, W"A.� Richard Jay We ss RJW/dlw cc: Martin Fine, Esq. Ft. Lauderdale Office Stanley B. Price, Esq. 750 Southeast 3rd Avenue Paul Lipton, ES Ft. Lauderdale, Florida 33316' —� s p q (305) 462-2800 + 11276. 0029 Cable FORTLAW f 8ubmittod into tl:e public record in co:incclion viiith • onI!; item �1_ Matty Hirai City Clerk Resident Agency Agreement This is an agreement entered into among Friedman & Baur, P.A. (the "Agent"), Attorneys at Law, with offices located at Suite 2200, 100 North Biscayne Boulevard, Miami, Florida and CenTrust Savings Hank (the "Bank"), a Florida chartered savings and loan association, CenTrust Realty and Construction Company., CenTrust Securities Corp. and CenTrust, Inc. (collectively "CenTrust Companies"). The Bank and the CenTrust Companies are sometimes referred to as "CenTrust". Recitals Applicable provisions of the Florida Statutes provide that every Florida corporation shall designate a registered agent and registered office for various purposes including service of process. These requirements are permissive with regard to the Bank, but are mandatory with regard to the CenTrust Companies. One of the purposes of the applicable statutory provisions is to assure that the public is aware of the location at which a Florida corporation will always be available to receive communications including service of process. The Agent is a law firm whose shareholders are members of the Florida Bar. A significant portion of the Agent's practice as attorneys at law consists of acting as resident agent for various corporations which involves the receipt of communications and the transmission of those communications to appropriate officers of the corporations for whom the Agent is resident agent. The Agent's offices are located in Suite 2200 at 100 North Biscayne Boulevard, Miami, Florida. This building is particularly appropriate to house the registered offices of the CenTrust Companies, since the Bank has a lease permitting it to display the name CenTrust on the exterior of the building thereby fulfilling a major purpose of the statute by indicating to the public the location of the official offices where the CenTrust Companies may receive notices including service of process. CenTrust and the Agent desire that the Agent serve as the resident agent for all of the entities which comprise the CenTrust Companies. In consideration of the mutual promises contained the parties agree: 5.o,1.?mittcd into the public . recoid In connection -with on A"0.9 item - �� natty Hirai City Clerk 1. Appointment of Resident Agent. CenTrust designates Friedman & Baur, P.A. as Resident Agent for CenTrust, Inc., CenTrust Realty and Construction Company., and CenTrust Securities Corp. 2. _Designation of Registered office. CenTrust designates the offices of Friedman & Baur, P.A., Suite 2200, 100 North Biscayne Boulevard, Miami, Florida as the statutory office for the CenTrust Companies. 3. Acceptance of Appointment. The Agent accepts its appointment as Resident Agent for the CenTrust Companies. 4. Compensation of Agent. For its services to be rendered pursuant to this Agreement, CenTrust agrees to pay the Agent a reasonable fee for acting as Resident Agent which fee shall be separately established in a letter agreement between the Agent and CenTrust. 5. Indemnification. CenTrust agrees and does indemnify the Agent, its officers, directors and shareholders from and against all claims, suits, judgments and awards, except for the Agent's own malfeasance, misfeasance or negligence, arising out of its acting as resident agent as provided in this Agreement. In furtherance of this covenant, CenTrust shall defend and hold the Agent harmless from any costs, expenses and judgments including without limitation counsel fees and court costs for counsel selected by CenTrust to defend the Agent in any law suit, or other proceeding or any appeals from the same. 6. Duties of Agent '. Agent shall perform all of the duties of Resident Agent specified in the applicable Florida statutes. Any communications delivered to the Agent for the CenTrust Companies shall be physically delivered by the Agent to CenTrust at the address set forth below within two business days of the date of receipt of such communication by the Agent. 7. Notices. All notices required or permitted under this Agreement shall be made by hand delivery addressed as follows: To CenTrust: With Copies to: CenTrust Savings Bank 101 East Flagler Street Miami, FL 33131 Attention: Legal Department David L. Paul CenTrust Savings Bank 101 East Flagler Street Miami, FL 33131 I To the Agent: Friedman & Baur, P.A. Suite 2200 100 North Biscayne Boulevard Miami, PL 33131 8. Modification. This Agreement may only be modified or amended by an instrument in writing signed by all of the parties. 9. Cancellation. This Agreement may be cancelled by either party upon 30 days prior notice. 10. Benefit. This Agreement shall inure to the benefit of the successors and assigns of the parties. 11. Counterparts. This Agreement may be executed in several counterparts all of which toqether shall constitute one original instrument. Executed at Miami, Florida this, .2 day of July, 1987. Submitted into the p laUlic loco--l.1 - item ikL�— on Cii-.y Cleyk Friedman & Baur, P.A. By: C-_ Si s pre L n CenTrust Savings Bank By: CenTrust Realty evto and Construction Company By: ee� CenTrust Securities Corp. VP By • CenTrust, Inc. By: �4 Al V r° 6R [ttrf5TEKEb AGE.Ntf t' BOTH To the Secretor) of Stan 41till State of nIA016. re;ratsaAi 1i tii/PS�lriig lVena 107.(aSi and 601.0 t. irtorids Statutes, the randersigatd corporatio& er attlani truwiat►tMt triti►tt Stati►rt F1 Y3.da ___ _.. . submits the following atatefettt for the pts"W" of oMsbt Its "jistaod oMe6 or registered agent, Of hetlt. is the State of O'lorid a FJR9P. Tbe*ttssseotth640110eratiot,U CenTrust Securitiep�' CdSXlp. AIN SECOKD1 The address of Its present registered agent is 101 East F 1.444 1 e r ft r e e t , Miami, FL 33131 THIRD: The address to which its registered agent is to be thealed to Suite 2200. 106 North Biscayne Boulavardr Miami, FL MUM: The name of its present rsgiturrd agast is David L . Paul l;IrM: The passe of Its successor registsmdagestIs Friedman & Saur, P.A. SIXTH: The address of its registered office and the address of the business office of Its registered agent. as changed, will be idestiaaL r SEVENTH: Such change was authorized by resolution duly adopted b) its board of dieeetors. Dotod July 1p 87 ' ~r CenTrust Securities Corp C. _ .. cab:,_.._;_.: _. ._ , P (exact corporate same) Z , �/ o„ . Z ..g 7 SIGNATURE It�Il1� _...__" . (President o�NWafr�es&n%bbott DATE July 20, 1987 g4ecutive.,Vice. C li y President HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE ABOVE STATED CORPOttATIO-N, AT THE PLACE DEIICNATED IS THIS CERTIFICATE.I HE REBY AGREE TO ACT I.N THIS CAPACITY, AND I FURTHER AGREE TO COY PLY WITH THE PRO%'1SION8 OF ALL STATL'TIES RELATIA'E TO THE PROPER ANDCONPLETE PERFORMANCE OF �tV DLIIES. AND 14CCEPT THE KTIES AND CJSI,IGA- TIONS OF SECTION e07.323 FLORIDA ST 1I VIES. 4,ZG.aa SIGNATURE 6� np 04"' A4jp4$Isterad .agent) FILING FEE: $000 ,_, .,, DATE Ju/_�._:2Q/_,Z qlJ—L_. ._ DIVISION OF CORPOR.MONS • P.O. BOX 6327 - tAT-L_A IIASSEE, FL 32314 ME0430-83) fir,:�'_.• � , St .. E:%tE.NT0FG14A tjE Of RPrr'S1 FRED OFFICE OR Fter-PISUREDAGuir, -a BOTH to the Seerftorl of state of the state of PI1,601tt. , ., PursuatstYt esrtrir16iN16 et;eetloes iOT.ali Sind 601.037. Rlorlda statutes. the uhdMllea*toroor ioo. orloal"d%*dolbehmkodtbestale of Florida _.._ submits thetalotr#1�lst"•t" at for the parpoaeotelarllutIts 1*91 tered allies er registered agent, or both, lit the 91411# $14l ids. IrfR . The netseottb*corporsdoils CenTru�st Realty and Cops tr"t"'c�ion Company ...., . _.,�..�...�, SECOND: The address of its present regioarsd*Cost Is 101 East Flagler S�-jreet, Miami, FL 33131 THIRD. The address to which Its registered agent is to be changed Is Suits 2 200, 100 North Biscayne Boulwarde Miami, FL FOURTH- The nave elite present registered *sent is David L . Paul FIFTH: The name of its successor registered agent is Friedman & Baur, P.A. SIXTH: The address of Its registered office and the address of the but! ntips Office of Its registered agent. as changed. will be Idsadeal. 1 SEVE`TH: Such change was authorized by resolution duly adopted b) its board of directors. Dated July .19 87 .. recoi-d 1n connoci:or, i CenTrust Realty and Construction Company item. QZ - .- on. '2.3 -U . L �rri SLY H1_CI 0.1y Clc,!r (e:saes corporate same) SIGNATURE 44we.1 of 9e 4 C 4<( (President or Vice•P es'den DATE July 20, 1987 VicerPresidenttt HAS I %G BEEN NAMED TO ACCEPT SXRVICE OF PROCESS FOR THE ABOVE STATED CORPORATION, A.T THE PLACE DESiG.VATEDI.N THISCF. RTIFICATE.I HEREBYAGREE TO ACT I\ THI9 CAPACITY, AND I FURTHER AGREE TO COX. PLY WITH THE PRO% ISI ONS OF ALL ST.A T l'TES RELATIVE TO THE PROPER AND COXIPLETE PERFORXIANCE OF.%IV DI. TIES, AND I eCCEPT THE DLT1ES AIND 08LIGA- T10NS OF SECTION 607.626 FLORIDA ST AI VT E3. _ 420.6a SIGNATI: RE FILING FEE: N.R. �dm4� I Registered Agent) DA TE ✓�/y _ ao,1 ti� DIVISION ON CORPOR.-T1ONS • P. O. BOX 6327 • "f.%I.f.A IfASSEE, FL 32314 C R2E04S (9.83) STATEMENT Of REG"zl I.RED OFFICE Oft REGISTEKED AGUm t BOTH to the Setretata of Slaw of the State of F•Itrtids. purwsnt M" prttoitM of Sections 901.0114 and 01.43`• norlds Statutes. the undersigned eorporation. orgasleed •"sr tbelswssf tislesto of _ !Florida _ Submits the following statement rat the Parpess sfebt(aitaS Its 1*111tered office or registered agent. orb th. in the Sate of l:loridi. CenTrust, Inc. FIRM The some of the esr►eradera la _ SECO!MD: The Address elite present registered Agent is 101 East Flagk6t -Stzr" Miami, FL 33131 ; THIRD: The address to which its registered agent Is to be changed is Suite 2200, 106 North Biscayne Boulevard, Miami, FL FOURTH: The name at its present registered agent Is David L. Paul FIFTH: The name of Its successor registered agent is Friedman 6 Baur, P.A. SIXTH: The address *tits registered offIce and the address of the business office of its registered agent. as changed, will be Identical. SEVENTH: Such chaos* wss authorized by resolution duly adopted b3 its board of directors. Dated July .19 8_ 7 -SubmiU-ed into f_.e inni,iic record in co.�i_o�r,... vv .L iien on �� Yc z=y H.;.,r i CenTruste Inc. (e:acs corporate name) SIGNATURE - G, "W—1 µµ s/��1��,Jt, (President ge r "% llk -P ?tt DATE July 20, 1987 i� HAt'1 NG BEEN NAMED TO .ACCEPT SERVICE OF PROCESS FOR THE ABOVE STATED CORPORATION. AT THE PLACE DESIGNATEDIN IHIS CERTIFICATE. I HEREBY AGREE TO ACTIN THIS CAPACITY. AND I F RTHER AGREE TOCOM PLY WITH THE PROVISIONS OF ALL STATVTES RELATIVE TO THE PROPER AN COMPLETE FERFOR.%tA%CE OF NIV DL TIES. AND 1 ♦CCEPT THE DI;TlE9 AND OBLI GA. T10PS OF SECTION 607 323 FLOR IDA STAT UT ES. F FGn of u/ P/A 4.26-6b 51GN ATI'RE FILING FEE. $SM sered Agent) rs. �: M DATE ✓�+ �_c�L'.,../ — - DIVISION OF f.ORPORATIONS • P.O. BOX 6327 • f.%1.1.A EfASSEE, FL 3:'314 CR2EO45(9.85) i �. - __ L- - -- -- � _a,.� �_ ANmm WEST SIDE Photo 7826.031 _ CenTrust/I_R.E. (B) C rn , O (D I1 0 �1 H H � n C [�d W & H (� • H zz K n� H v U) 00 H N O r c f I J� OTPFICE (WEST SIDEY PHOTO - CENTRUST/I.R.E. THW �7826.031 (F) 1 mto the piiblic Matt r Hiral City Clerk t., e Fl 's C wSST Si DEY An _PHOTO - CENTRUST/I.R.E. THW_ 7826.031 (F) cub ;:�'ti . ? :nto the public 1tOi _ Matt, Hirai City Clerk FA SIN (,Ay)- THW PHOTO - CE-NTRUST/I-R-E_ 7826.031 (D) bubtr-,A.tad into PEI �� i �� r .� 1 E j f i __ _ __.._ ._ ___ _ - - -_ _ _ '1 .. - we s7 s I'D /� � THW i _PHOTO CENTRUST/1•R.E' 7826.031 (B) :ubm .1 -i ir_to the P116"C t.o-1 with record nneC t item on_i 4zfp �� i Ma +Y Hira City Clerk 'A