HomeMy WebLinkAboutR-87-0400J-87-315(a)
5/14/87
RESOLUTION NO. 87r400
A RESOLUTION APPROVING THE INSTALLATION OF
DRIVE-IN FACILITIES FOR THE TRUST BANK, A
FINANCIAL INSTITUTION, LOCATED AT
APPROXIMATELY 700-798 SOUTHWEST 22ND AVENUE
AND APPROXIMATELY 2201-2221 SOUTHWEST EIGHT
STREET, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED HEREIN, AS PER PLANS ON FILE
SUBJECT TO A REVIEW BY THE CITY COMMISSION
ONE (1) YEAR AFTER DATE OF ISSUANCE OF
CERTIFICATE OF OCCUPANCY, AND PROVIDING THE
DEDICATION AS REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; ZONED CR-3/7 COMMERCIAL
RESIDENTIAL (GENERAL). THIS SPECIAL
EXCEPTION IS SUBJECT TO A TIME LIMITATION OF
TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST
BE OBTAINED. THIS SPECIAL EXCEPTION IS FILED
IN CONJUNCTION WITH SPECIAL EXCEPTIONS FOR
REDUCTION IN THE NUMBER OF RESERVOIR SPACES
FOR A DRIVE-IN FACILITY ON ABOVE SITE AND A
SURFACE PARKING LOT AT 2220 SOUTHWEST 7TH
STREET.
WHEREAS, The Trust Bank, a financial institution, desires to
install drive-in facilities in conjunction with its financial
institution located at 700-798 Southwest 22nd Avenue and
approximately 2201-2221 Southwest 8th Street, Miami, Florida,
more particularly described herein; and
WHEREAS, the City Commission has determined that it wishes
to review all applications for the installation of drive-in
facilities; and
WHEREAS, the Miami Zoning Board at its meeting of
March 2, 1987, Item 3, following an advertised meeting, adopted
Resolution ZB 30-87 by an eight to one (8-1) vote granting the
Special Exception subject to the approval of the City Commission
as listed in Ordinance 9500, as amended, the Zoning Ordinance of
the City of Miami, Schedule of District Regulations, Page 4 of 6,
CR-3 Commercial Residential (General), and CR-1 Commercial
Residential, (Neighborhood), Principal Uses and Structures, to
permit a drive-in facility for a financial institution located at
approximately 700-798 Southwest 22nd Avenue and approximately
2201-2221 Southwest 8th Street, Miami, Florida, also described as
Lots 6, and 36-40, Block 11 SEAVER AND HASKELL SUBDIVISION, as
recorded in Plat Book 9 at Page 137, and Lots 1-5 inclusive,
crr�r co�sstart
MEETING OF
APR sA7
Nd:
Block 3, FAIRMONT PARR SECOND ADD., as recorded in Plat Book 11
at Page 63, of the Public Records of Dade County, Florida, as per
plans on file, subject to a review by the Zoning Board one (1)
year after date of issuance of certificate of occupancy, and
providing the dedication as required by the Department of Public
Works; zoned CR-3/7 Commercial Residential (General); subject to
a time limitation of twelve months in which a building permit
must be obtained. This Special Exception is filed in conjunction
with special exceptions for reduction in the number of reservoir
spaces for a drive-in facility on above site and a surface
parking lot at 2220 Southwest 7th Street, Miami, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The decision of the Miami Zoning Board in
granting the Special Exception as listed in Ordinance 9500, as
amended, the Zoning Ordinance of the City of Miami, Schedule of
District Regulations, Page 4 of 6, CR-3 Commercial Residential
(General), and CR-1 Commercial Residential, (Neighborhood),
Principal Uses and Structures, to permit a drive-in facility for
a financial institution located at approximately 700-798
Southwest 22nd Avenue and approximately 2201-2221 Southwest 8th
Street, Miami, Florida, also described as Lots 6, and 36-40,
Block 1, SEAVER AND HASKELL SUBDIVISION, as recorded in Plat Book
9 at Page 1370,
and Lots
1-5
inclusive,
Block
3, FAIRMONT
PARR
SECOND ADD., as
recorded
in
Plat Book
11 at
Page 63, of
the
Public Records of Dade County, Florida, as per plans on file,
subject to a review by the City Commission one (1) year after
date of issuance of certificate of occupancy, and providing the
dedication as required by the Department of Public Works; zoned
CR-3/7 Commercial Residential (General); subject to a time
limitation of twelve months in which a building permit must be
obtained, is hereby approved.
-2-
PASSED AND ADOPTED this 30th
ATTEST:
/ro-v ATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
. MIRIAM MAER
Assistant City Attorney
AP
'+avViL. cam. YVV
City Attorne
GMM/rcl/M391
TO FORM AND CORRECTNESS:
day of April , 1987.
XAVIER L. •U REZ, Mayor
o1
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Santiago Jorge -Ventura
Building Official
G. Miriam Maer
Assistant City Attorney
DATE September 28, 19871LE A-87-59
SUBJECT The Trust Bank Covenant
2205 S.W. 8th Street
REFERENCES City Commission Agenda 4/30/87-
Items PZ-4, 5 & 6
ENCLOSURES Reso. #87-400, 87-401 & 87-402
Per the attached revised Declaration of Restrictions
executed by The Trust Rank, I am releasing the hold previously
placed on issuance of permits. Please contact me if you have any
questions.
GMM/rcl/P690
cc: Edith Fuentes, Director
Building and Zoning Department
Joseph A. Genuarii
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Zoning Administrator
Sergio irector
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PlanningoDepartment
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George V. Campbell
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Public Works Department
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Mattie Hirai
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City Clerk
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MA TTY 111RA4
DECLARATION OF REG" ^" § PYE� NANTS
This declaration of Restrictive Covenants by THE TRUST BANK a
Florida Banking corporation, MARIANNA RAFFOUL, JUAN M. BARRERA and
GLORIA BARRERA, his wife, and VICENTE BARRERA and TILA BARRERA,
his wife, ("Property Owners"), in favor of the City of Miami,
Florida, a municipality of the State of Florida;
W I T N E S S E T H:
WHEREAS, the Property Owners hold fee -simple title to certain
property in the City of Miami, Florida ("The City") consisting
of
Lots 4 and 5 less the East 10' thereof, Block 3,
FAIRMONT PARK SECOND ADDITION, Plat Book 11 at Page
63 of the Public Records of Dade County, Florida.
owned 100% by MARIANA RAFFOUL,
Lots 6, 37, 38, 39 and 408 inclusive, in Block 1
of SEAVER & HASKELL SUBDIVISION, according to the
Plat thereof as recorded in Plat Book 9, at Page
137, of the Public Records of Dade County, Florida.
owned by JUAN M. BARRERA and GLORIA BARRERA, his wife, 50%
undivided interest and VICENTE BARRERA and TILA BARRERA, his
wife, as joint tenants with right of survivorship, 50% undivided
interest and
Lot 36 and the East one (1) inch of Lot 35, Block 1,
SEAVER AND HASKELL SUBDIVISION according to the Plat
thereof recorded in Plat Book 9 at Page 137 of the
' Public Records of Dade County, Florida a/k/a 2205 SW
8th Street, Miami, Florida,
owned 100% by THE TRUST BANK, a Florida Banking Corporation
(hereinafter collectively referred to as "the Property"); and
WHEREAS, the Property Owners are applicants before the City
of Miami City Commission for Special Exceptions to permit a drive
in facility for THE TRUST BANK as per plans on file; zoned CR-
3/7 Commercial Residential (General), and in conjunction, to
permit a reduction in the number of reservoir spaces for the
proposed drive-in facility and a surface parking lot at 2220
SW 7th Street; and
WHEREAS, the City of Miami Zoning Board in Resolutions
Z.B. 30-87 and Z.B. 31-87 has attached certain conditions to the
granting of approvals of the above described special exceptions;
NOW THEREFORE, the Property Owners covenant and agree that
the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running
with the land binding upon the property owners of the Property,
and their successors and assigns as follows:
1. There shall be three (3) staff persons attending the
three (3) teller windows on Monday through Friday, from the
hours of 4:00 p.m. to closing on each day.
2. There shall be a sworn City of Miami police officer
working off duty to direct traffic and keep traffic from backing
up onto Southwest 7th Street, Monday through Friday from the hours
-1-
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of 4:00 p.m. to closing on each day.
3. Effective Date. If the City Commission of the City of
Miami approves the Owners' pending applications for and after
said approvals have become final and non -appealable, this
instrument shall constitute a covenant running with the title
to the Property and shall be binding upon the Property Owners,
their successors and assigns. These restrictions shall be for
the benefit of and a limitation upon all present and future
owners of the Property and for the public welfare.
4. Amendment and Modification. This instrument may be
modified, amended or released as to any portion of the Property
by a written instrument executed by the then owner of the fee -
simple title to the land to be affected by such modification
amendment or release providing that same has been approved by
the City of Miami Commission after a public hearing. Should
this instrument be so modified amended or released, the Director
of the Planning Department or his successor, shall execute a
written instrument in recordable form effectuating and
acknowledging such modification, amendment or release.
5. Term of covenant. This voluntary covenant on the part
of the Property Owners shall remain in full force and effect
and shall be binding upon the Property Owners, their successors
and assigns for an initial period of thirty (30) years from the
date this instrument is recorded in the public records and shall
be automatically extended for successive periods of ten (10)
years thereafter unless modified, amended or released prior to
the expiration thereof.
6. Inspection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the
privilege at any time during the normal working hours to deter-
mine whether or not the requirements of the Building and Zoning
Department and the conditions of this Declaration are being
complied with. An enforcement action brought by the City shall
be by action at law or in equity against any party or person
violating or attempting to violate any covenants, either
to restrain violations or to recover damages. This enforcement
provision shall be in addition to any other remedies available
under the law. The prevailing party in such action, or suit,
shall be entitled to recover in addition to costs and disbur-
sements allowed by law, such sum as the Court may adjudge to
be reasonable for the services of his attorney.
7. Severability. Invalidation of any of these covenants
by judgment of Court shall not affect any of the other provisions
of this Declaration, which shall remain in full force and effect.
S. Recording. This declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost
of the Owners. This covenant replaces that certain Declaration
of Restrictive Covenants signed by all parties and recorded
on August 13, 1987 in Official Records Book 13379 at Page 3, of
the Official Records of Dade County, Florida, and hereby voids
and nullifies the same.
9. This covenant also hereby replaces that Declaration
of Restrictive Covenants signed by all parties to this agreement
and recorded on June 12, 1987 in Official Records Book 13310 at
Page 852, of the Official Records of Dade County, Florida.
Recordation of this covenant hereby voids and nullifies the
covenant recorded on June 12, 1987.
IN WITNESS WHEREOF, the undersigned have set their hands and
-2 -
1i
seals, this _,12_day of , 1987.
WITNESSES:
THE TRUST B
Y'
B
To ON C. )SANCHEZ, Chairman
the; SoiSd
' cs.✓ �
STATE OF FLORIDA)
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally appeared
RAMON C. SANCREZ, to me known to be the person described in and
who executed the foregoing instrument as Chairman of the
Board of THE TRUST BANK, a Florida Banking Corporation, the
corporation named therein, and he acknowledged to and before
me that he executed the same under the seal of the corporation
and as the act and deed of said corporation.
WITNESS my hand and official seal in the County and State
last aforesaid, this day of "0 , 1987.
.•uulll/����r,,• /I
My Commission Expires: �.
NOTARY PUBLIC STATF 0.1LORNj
my C011113SION ERR. RAN k.12ft
ROM TRIO GENCUL 11S. WC.•• '
WITMS,ES,:
STATt'OF FLORIDA)
COUNTY OF DADE )
The foregoing instrument
day of 1987.
�r
My Commission Expires:
WITNESSISES AS TO
��
,• 'fit
NOTARY ' PULI C
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MARIANNA RAFFOUL •'
was acknowledged before me this
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5'AN M. BARRERA
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GLORIA BARRERA
STATE OF FLORIDA)
COUNTY OF DADE ) -
The foregoing instrument was acknowledged before me this
�• day of ! ��/ _ , 1987, by JUAN M. BARRERA and.,S AIRIA
BARRERA. t ',...., •. .;'•
My Commission Expires:
R21hdr PUBLIC STATE OF FIORIOR .'NOTARY PUBLIC
R7 CORf1SS10I EA/. OCT 23,1066 • •
SCIOEO TYRO GENERAL 113. URO.
VICENTE BARRERA
TILA BARRERA
F.. :.j:3 N 01-7N: M.
CI ERK C19CUIT COURT
STATE OF FLORIDA)
COUNTY OF DADE )
The fore%)ing instrument was acknowledged befo
day of 1Y r .c.i , 1987. by VICENTE BARRERA dnd T:
My Commission ExpVres':
rp;:AT PUBLIC STATE OF FLORIOA
RT CIMISSICR EM OCT I7.19di
901%0 TMRU GENERAL IRS. UNO.
STATE OF FLORIDA
pOWNTY of DADE
I ,HERE�'/1/ CCRtAa �M(A b,1M aDDY
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ESs mry haW •nd Offie4l SMI.
RICHARD PJOPNItEM
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CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
To Santiago Jorge -Ventura it ATE° July 13, 1987 FILE A-87-59
Building Official
SUBJECT Th T t B k
�UI��OUMi �� �p�
FROM G. Miria5Naeti
Assistant City Attorney
e rus an
2205 S.W. 8th Street
REFERENCES: City Commission Agenda 4/30/87
Items PZ-4, 5, & 6
ENCLOSURES
Please be advised that as of this date, we have not approved
the covenant required by the City Commission meeting. Therefore,
no permits should be issued until further direction is received
from this office.
GMM/rcl/P457
cc: Edith Fuentes, Director
Building and Zoning Department
Joseph A. Genuardi
Zoning Administrator
Sergio Rodriguez, Director
Planning Department
George V. Campbell
Public Works Department
Mattie Hirai
City Clerk
J
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LA
l
of 'Mialm
LUCIA A. DOUGHERTY
City Attorney
July 14,; 1987
Aurelio Durana, Esq,
The Trust Bank
4445 West 16th Avenue, 4th floor
Hialeah, Florida 33012
Re: Declaration of Restrictive Covenants
Dear Mr. Durana:
I have attempted to contact you but you have not been available
to return my calls. Therefore, the enclosed Covenant is being
returned to your office. A newly executed Covenant with all of
the changes required by the City Commission should be forwarded
to my office along with a check made payable to the City of Miami
for the recording fee.
Once the Covenant is approved, we will have it recorded and
forward a copy of same to your office.
Sincerely,
G.J3.am dr
Assistant City Attorney
enclosure
GMM/rcl/P397
cc: Edith Fuentes, Director
Building and Zoning Department
Gloria Fox, Chief
Hearing Boards Division
Natty Hirai, City Clerk
George V. Campbell
Public Works Department
Guillermo Olmedillo
Planning Department
OFFICE OF THE CITY ATTORNEY/169 E. Flagler Street/Miami, Florida 33131/(305) 579.6700
CT�itLt aaf 'Miamto
tro
•
0 as. -to 09A A. DOUGHERTY
. a ' City Attorney
June 11, 1987
Aurelio Durana, Esq.
The Trust Bank
4445 West 16th Avenue, 4th floor
Hialeah, Florida 33012
Re: The Trust Bank Item No. PZ-4 on City Commission Agenda of
4/30/87
Dear Mr. Durana:
Enclosed please find a copy of my letter addressed to you dated
May 4, 1987.
This Covenant must be amended to provide that a security guard
shall be on the premises twenty-four hours a day. Please prepare
this amendment and forward the same to me for my approval.
Please do not hesitate to contact me if I can be of any help.
Sincerely,
G. NlLriam Maer
Assistant City Attorney
GMM/rcl/P282
cc: Edith Fuentes, Director
Building and Zoning Department
Gloria Fox, Chief
Hearing Boards Division
Natty Hirai, City Clerk
George V. Campbell
Public Works Department
Guillermo Olmedillo
Planning Department
6 99- L/O 0
OFFICE OF THE CITY ATTORNEY/169 E.Flagler Street/Miami, Florida 33131/(305) 57"700
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May 4, 1987
Aurelio Durana, Esq.
The Trust Bank
4445 West 16th Avenue, 4th floor
Hialeah, Florida 33012
LUCIA A. DOUGHERTY
City Attorney
Re: The Trust Bank Item -No. PZ-4 on City Commission Agenda of
4/30/87
Dear Mr. Durana:
As you know from the referenced City Commission meeting, the
Covenant must be amended to provide that a security guard shall
be on the premises twenty-four hours a day. Please prepare this
amendment and forward the same to me for my approval at your
earliest convenience.
Please do not hesitate to contact me if I can be of any help.
Sincerely,
G. Mir'am Maer
Assistant City Attorney
GMM/rcl/P282
cc: Edith Fuentes, Director
Building and Zoning Department
Gloria Fox, Chief
Hearing Boards Division
Matty Hirai, City Clerk
George V. Campbell
Public Works Department
Guillermo Olmedillo
Planning Department
OFFJCE OF THE CITY ATTORNEY/169 E. Flagler Street/Miarni. Florida 33131/1305) S79.6700
(�itg Vf M*
LUCIA A. DOUGHERTY
City Attorney
May 4, 1987
Aurelio Durana, Esq.
The Trust Bank
4445 West 16th Avenue, 4th floor
Hialeah, Florida 33012
Re: The Trust Bank Item No. PZ-4 on City Commission Agenda of
4/30/87
Dear Mr. Durana:
As you know from the referenced City Commisspi�np meeting, the
Covenant must be amended to provide that a see5ur ty ,-..-:.d= shall
be on the premises twenty-four hours a day. Please prepare this
amendment and forward the same to me for my approval at your
earliest convenience.
Please do not hesitate to contact me if I can be of any help.
Sincerely,
G. Mir'am Maer
Assistant City Attorney
GMM/rcl/P282
cc: Edith Fuentes, Director
Building and Zoning DeE
Gloria Fox, Chief
Hearing Boards Divisior
Matty Hirai, City Clerli
George V. Campbell
Public Works Department
Guillermo Olmedillo
Planning Department
4
OFFICE OF THE CITY ATTOV
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ZONING FACT SHEET
LOCATION/LEGAL
Approximately 700-798 SW 22 Avenue and
Approximately 2201-2221 SW 8 Street
Lots 6. and 36-40
Block 1
SEAVER AND HASKELL SUB. (9-137)
and Lots 1-5 inclusive, Block 3
FAIRMONT PARK SECOND ADD (11-63) P.R.O.C.
APPLICANT/OWNER
The Trust Bank (Property No. 1 a 2)
4445 West 16 Avenue
Hialeah, FL 33012 Phone f 556-5656
Juan and Gloria Barrera (Property No. 3)
_
1741 SW 18 Street
Miami, FL 33145 Phone f 858-2617
Vicente and Tila Barrera (Property No. 3)
1741 SW 18 Street
Miami. FL 33145 Phone f 858-2617
Mariana Raffoul (Property No. 4)
2285 SW 10 Street
Miami, FL 33135
ATTORNEY FOR APPLICANT(S)
Aurelio Ourana, Esq
4445 West 16 Avenue
Hialeah
ZONING
CR-3/7 Commercial Residential (General)
REQUEST
Special Exception with approval by the City
Commission as listed in Ordinance 95009 as
amended, the Zoning Ordinance of the City of
Miami, Schedule of District Regulations, Page 4
of 6. CR-3 Commercial Residential (General), and
CR-1 Commercial Residential (Neighborhood).
Principal Uses and Structures, to permit. a
drive-in facility for The Trust Bank located on
above site, as per plans on. file. This Special
Exception is filed in conjunction with Special
Exceptions for reduction in the number of
reservoir spaces for' a drive-in facility, on
above site and a surface parking lot at 2220 SW
7 Street.
RECOMMENDATIONS
PLANNING DEPARTMENT
DENIAL OF THE SPECIAL EXCEPTION AS REQUESTED,
Exception
Tor a orive-in
Tac111tiy
for a
financial
institution
requiring City Commission
approval
does not meet the
intent of
Zoning
Ordinance
9500. The
number
of teller
windows
should be
reduced to
only one
in order
to meet
thQ minimum
ten
(10)
stacking
spaces
requirement.
The original plan submitted by applicant had
access to the drive-in facility from SW 22nd
Avenue. The Planning Department recommended a
revision of the plans and the applicant complied
by submitting new plans with ingress only from
SW 7th Street to permit access by northbound
motorists and to discourage U-turns from 22nd
Avenue.
The drive-in facility as proposed would still
have an adverse impact on the surrounding area
as a result of having less number of reservoir
spaces than required, and therefore creating
additional back up of cars on SW 7th Street.
PUBLIC WORKS
Require the dedication of the east 5' of Lots 4
through 6 b 40 and also a 25' radius return at
the intersection of SW 22 Avenue and SW 8
Street.
DADE COUNTY PUBLIC
WORKS
No objections.
ZONING BOARD
At its meeting of March 2, 1987 the Zoning Board
r>'
adopted Resolution ZB 30-87 by an 8 to l vote,
"s
granting the above with a time limitation of (12)
welve months in which a building permit must be
obtained, subject to review by Zoning Board after
(1) one year of operation with Publie Works Depart-
h
ment dedication and subject to City Commission-
approval.
;
Six replies in favor received by mail.137
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730 SW 22 Avenue
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'86 Up, 12 P 4 :39
APPLICATION FOR A CLASS U SPECIAL PERMIT OR SPECIAL EXCEPTION
File Number DSE-83-
Within the City generaUy, or within certain zoning districts, certain structures, uses,
and/or occupancies specified in this ordinance are of a nature requiring special and
intensive review to determine whether or not they should be permitted in specific
locations, and if so, the special limitations, cortdirions, and safeguards which should
be applied as reasonably necessary to promote the general, purposes of this Zoning
Ordinance, and, in particular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. It is further intended that the expertise
and judgement of the Zoning Board be exercised in making such determinations, in
accordance with the rules, considerations and limitations relating to Class D Special
Permits and Special Exceptions. (See Article 28J
Formal public notice and hearing is not mandatory for Class D Special Permits, but is
mandatory for Special Exceptions. 1h other respects, these classes of special permits
are the same. .
The Zoning Board shaU be solely responsible for determinations on applications for
Class D Special Permits and Special Exceptions. All applications in these classes of
special permits shall be referred to the director of the Department of Planning for his
recommendations and the director shall make any further referrals required by these
, cnecK one:
Class D Special Permit
__ Special Exception
hereby apply to the City of
for property located at 2ZQ5 S.W. 8 Street
Miami.
Nature of Proposed Use (Be specific) To oermi t three (3) dri ve i n wi ndows for
banking purposes in connection with the existing banking facilities on
the site.
Form 10-83
f�t)Lf
No. � 7 _y
Page 1 of
9
•
1 attach the following in support or explanation of this appli ion:
X . 1. Two surveys of the property prepared by a State� of Florida Registered Land
Surveyor.
X . 2. Four copies oft site plan showing (as required' property boundaries, existing and
proposed structure(s), parking, landscaping, screening, etc; building elevations (if
required) with dimensions and computations of lot area (gross and net), LUI ratios
(open space, floor area, parking, etc.), building spacing and height envelope.
See Section 2304.2.1(c).
, X 3. Affidavit disclosing ownership of property covered by application and disclosure of
Interest form (Form 4-83 and attach to application.).
_ Y. h. Certified list of owners of realestate within 375' rod[= from the outside
boundaries of property covered by this application. (See Form 6-83 and attach to
application).
S. At least two photographs that show the entire property (land and improvements).
6. Other (Specify)
.A. 7. Fee of $ . based on followings -
(a)
((b)
Class D $300.00
Special Exception $400.00
Surcharge equal to applicable fee from (a) or M above. not to exceed $400;
be refunded if there is no appeal (City Code -Section 62-62).
Nome4mig R. Beerr, ,1 0 AA'4i9,
Address 4445 West 16th: Avenue
City,State,Zip Hialeah, Florida 33012M
Phone 305) 556-5656
STATE OF FLORIDA) SS: 31g1
COUNTY OF DADE )
11 R AA,A 3
� n c
being duly sworn,
poses and says -that he is the (UJWW) (authorized agent of t real property described
above= that he has read the foregoing answers and that the some are true and complete; and
(if acting as agent for owner) that he has authority to execute this application form on..
behalf of the owner:
Form 10-83
Page 2 of 3
SWORN TO AND SUBS`CRIBED
before me this "' i day
of , .,;, -- " 8
MY COMMISSION EXPIRES:
of"? PwIc sun or FLORIDA
Mr COAMIUIOM IV. Ott 23.1000
NMIEO FM UM MAL Ila. M.
/7'�"'�"'e {SEAL)
71/
7"-Rc't-cr—y7u-5lIc, State of Flarldcrat-Larg;—
Juv�t�
01 Wb/
z5 r4&�a►ut�
it►�: will" ►,osuw�r►ck
Form IM3
Page 3 of 3
,;=V w= .
r 1 ..
A F jCIVU�A'VI T
STATE OF FLOC M) S3. '86 DEC 12 P 4 ;39
MUHTY OF DAM ) '
Before me, the undersigned authority, this day personally
app ZJX64"j 'Oup A"A , who being by me first duly sworn,
upon oath, deposes and says:
1. That he is the owner, or the legal representative of the
owner, submitting the acco for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Mad 1, Florida,
effiecting the real property located in the City of Miami. as described and
listed on the pa®es attached to this affidavit and made a pert thereof.
2. That all owners which he reLw in- ats, if any, have giVen their
fltll and camplete permission for him to act in their behalf for the change
or modification of a classification or regtil,ation of zoning as set out. in
the accoazpanying petition.
3. That the pages attached hereto and made a part of this
.
affidavit contain the current names, mailing addresses, phone number-9 and
3 e6l for the real property which�he is the comes or legal.
repz�esaatative.
4. The facts -as represented in the application and documents
submitted in with this affidavit are true and correct.
Further Affiant_ sayeth not.
(SEAL)
mr *q
&am to and Swbscribed before me
this , day of
public, taEe rids at rase
NOTARY misuc STATE OF FLO"OA
ai Mr Gc�adson bcpdres: MY coWlSSlo" piPiU5
O"M TOW c&OAwawa
MW PMC STAR W FLOQMA �.�,.�....x«�,....h A•M./.=i�u wwwiw� '
MW ON iERpAL Ip. Yb. COr'TR0�
. F� • Ev � . c
No.
r
OWNER'S LIST
Owner's Name Craig R. Dearr, Esquire, The Trust Bank (Property.ND.. 1. AnO 21
Hailing Address • "Ac up-tt 16 Avenue, Hialeah, Florida 33012
Telephone Number (305) 556-5656
Legal DescriptiontEE ATTACHED EXHIBIT "A"
Owner's Name Property No. 3, Juan Barrera and Gloria Barrera, his wife
Mailing Address 1741 S.W. 18 Street, Miami, Florida 33145
Telephone Number 858-2617
Legal Description: SEE ATTACHED EXHIBIT "A"
Owner's Name Property No.39 Vicente Barrera and Tila•Barrera, his wife
Mailing Address .1741 S.W. 18 Street. Miami, Florida 33145
Telephone Number 858-2617
Legal Description: SEE ATTACHED EXHIBIT "A"
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows: •
Street Address Legal Description
Lot 1
(THE TRUST 2220 SW 7 Street
BANK) �Z c k ,4 1 Z /S �� b
Fairmont -Park 2nd Add(11-63)
Street Address
NONE
Street Address
0
Legal Description
Legal Description
i*Y .F
♦tiy,., AFFIDAV. IT
STATE OF FZAI M) -86 DEC 12 P 4 :39
SS.
ODt1Nl'I OF DADS )
Before me, the undersigtled�authority. this day personally
V! .
ea+ma
appeared - . who being by Toe first duly sworn.
upon cam, depown and says:
1. That he is the +owner, or the legal representative of the
awner. submitting the aCCOMP 11MIS application for a public hearing as
reVired by Ordinance No. 9500 of the Code of the City of Miami. Florida,
affecting the real property located in the City of Miami as described and
listed an the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their
full and complete permission for him to act in their behalf far the change
or modification of a classification or regulation of zoning as set out in
the accagpa lying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, =414 rg addresses. *.cane muabers and
legal descriptions for the rsa17praperty which+he is the owner or legal
reprasenzaltive.
4. The facts -as represented in the application and docents
submitted in cmjunctian with this affidavit are true and correct.
JF1?t'thel" Affiarlt sayeth not.AIM
�• 4
(SFAL)
Names
S=n to and Subscribed before me
titd,s L�dff of ,14 .
1 9
Public, State of Florida at Large
" Cams:ais dm ETlpires:
WTAV hMlIC STATE OF FW MA
Of COMMIS3I81 [it. Oct 21.1m
wrxo TMMM MUM. In. WWO.
No.
L
MOTARY pURUC STATE OF aOBIDA
MT CGM+AISS Ot4 P' uS+ihUSA�+Gijr17
lX+ii..
1.
OWNER'S LIST 2/2
Owner's Name PROPERTY N0. 4, Mariana Raffoul
Hailing Address • 2 A5 S W 10 Street. Miami. Florida 33135
Telephone Number
Legal Description: -
• SEE ATTACHED EXHIBIT A
Owner's Name
Mai 1 i ng • Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally
iby corporation, partnership or privately) within 375' of the subject
site is listed as follows: •
Street Address Legal Description
NONE
Street Address
Street Address
Legal Description
Legal Description
$'70
a
F x ��
it A N %i .• 7=;
DISCMSUFE �6F 2 1,41 '.
1. Legal description and street address of subject real property:
Lots 6, 379 389 39 b 40, Block 1 of Seaver and NaskelT Subdivision, PR 9,
Pg. 137, and Lots 1, 2, 39 4 a 5, Block 3, and Lot 1, Block 4 of Fairmont
Park Second Addition, PB 11, Pg. 63, OC.F1.
The Trust Bank (Little Havana Branch) 2205 S.W. 8 Street, Miami, Florida 33135
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
Having a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts,, and/or any other interested parties,
together with their addresses and proportionate interest.
4445 West 16th Avenue, Hialeah, FL 33012
THE TRUST BANK
See attached Exhibits "B", "C", and "0" for additional information regarding
Owners of land and Trust Bank's Officers, Shareholders and Directors.
(Address: 4445 West 16th Avenue, Hialeah, FL 33012)
3. Legal description and street address of any real propectf (a)
owned by any party listed in answer to question #2, and (b) located within
375 feet of the subject real property.
Lot 1, in Block 4, of FAIRMONT PARK, SECOND ADDITION, according
to the Plat thereof, as recorded in Plat Book 11, at Page 63, of
the Public Records of Dade County, Florida; (a/k/a 2220 SW 7th Street
Miami, FL).
Iq v R C 6 L N � 6, .q .A-A,1 1 &4 .
STATE OF FLOE = ) SS:
COtM GF DADE )
"Im• being duly &wore deposes and
says am ng Is tne icvnerl (Ktt3cney car Owner) of the real property
described in answer to question ii, abovel that he has read the foregoing ��xc *77
answers and that the same are true and complete= and (if acting as attorney 1 �'''d r •41L
for owner) that he has authority to execute this i Ownerships
form on behalf of the owner. 3 1/ 1
�n�9t i
bN00 TO AND SO69COI>3Efl �.OR1'3'
before toe this IS'� -%OTARY dUBOtt STATE1.5
day Of —' ';i+18�. M,T GpMMIS51oH E1�P�RES ..o U,4
Notary Pmuct ate Of
Florida lit Large
MY COa=W124 EXPIRES: ... ... •.. -'.. a..,,"„-,r.•�••r"�
NOTARY PUBLIC STATE OF FLORIDA �'
MY rommission EAMES APR 13 1)SI WIN i � �DL
WNM TWW G6 4WA.1:4uw4a UND
(over)
'cxI eve A *39
PROPERTY NO. 1:
Lot 36 and the East one (1) inch of Lot 35, Block 1, SEAVER .
AND HASKELL SUBDIVISION according to the Plat thereof recorded
in Plat Book 9 at Page 137 of the Public Records of Dade
County, Florida. (a/k/a 2205 SW 8th Street, Miami, Florida)
PROPERTY NO. 2:
Lots 1, 2, and 3, less the East 10' thereof, in Block 3, of
FAIRMONT PARK, SECOND ADDITION, according to the Plat thereof,
as recorded in Plat Book 11, at Page 63, of the Public Records
Dade County, Florida (a/k/a 700 SW 22nd Avenue, Miami, FL); and
The properties 1 and 2 are owned 100% by The Trust Bank
4445 West 16th Avenue, Hialeah, FL 33012
PROPERTY NO. 3:
Lots 6, 37, 38, 39 and 40, inclusive, in Block 1, of
SEAVER & HASKELL SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 9 at Page 137, of
the Public Records of Dade County, Florida.
Property No. 3 is owned 50Z by Juan M. Barrera and Gloria
Barrera, his wife, undivided interest; and owned 50% by
Vicente Barrera and Tila Barrera, his wife, undivided
interest.
PROPERTY NO.4 : (Address: 1741 SW 18 Street, Miami, Florida 33145 )
Lots 4 and 5 less the East 10' thereof, Block 3, FAIRMONT PARK,
SECOND ADDITION, Plat Book 11 at Page 63 of the Public Records
of Dade County, Florida ,
Property No. 4 is owned 100% by Mariana Raffoul.
(Address: 2285 SW 10 Street, Miami, Florida 33135)
CoN'j.pn' ....� _
t�. 4
.+S s
13
r
V
•
The Trust Bank
E 1f ?A :39 .
LIST OF OFFICERS
Ramon C. Sanchez
Chairman of the Board
Dr. M. A. Schofman
Vice Chairman of the Board
Cayetano Anibal Midolo
International Director
Juan J. Martinez
President & COD
Jorge N.'Carvallo
Senior Executive Vice President
Caamercial & Installment Loans
Luis F. Gonzalez
Senior Vice President/Cashier
Operations
Craig R. Dearr
In4mse 1^4ye
John Koch
Data Processing Officer
Henry Robau
Comptroller
Hector del Ca5 ti l to
Vice President/T.nt•�_rnational G2r,f:.
Manuel Ferro
Asst. Vice President:/Fr an7h !Aq! .
West Hialeah
Evangelina Diaz
Assistant Ca::hierli r,r;-•.,r•0 . + •+ Ing
Jose Mj
.h;ais t•ant
v t i%UL
No. vry
Ray Florez
Vice President/Comm. Loans
Felix Reimundo
Vice President/Branch Mgr.
East Hialeah Branch
Raul Abel
Internal Auditor
Roy Hileman
Vice President/Credit Dept.
Jim Pacheoo
Asst. Vice President
Corp. Systems
Carlos Sanchez
Senior Vice President
Real Estate Division
Fernando Gonzalez
Vice President
Internal Control
Jose Arias
Vice President/Installment
Loans
Philirp Lartnier
�_�c ._r��•._.'-stem: Officer
7•
Y•.•unrn: larririan
Assi., Aa *- Cashier/Operation::
Officer
Margarita Beguiristain
Assi: t:ani: Cashier/Operation
officer
Jose L. �'ai lde
Assi.: ta.-I...ashier/Personrwl.
Miriam 1.-! Cespedes
Vic -
I ►r. .: i ien t /�+-� itlbn t i-� !
Janice Landry
Assistant Cashier/Carmercial Loans
Alina Arnoldson
Vice President/Branch Manager
Maria Cabezas
Assistant Cashier/Mottyaye Leans
KF+nneth Nahman
Senior Vice President & CFO
Norma Cruz
Assistant Vice President
Assistant Branch Manager
Eduardo Granda
i rvn rpmn7 i nrr+e A99 4 o-nr
Arturo Garcia -Lavin
Vice President - Construction/
Commercial Lending
Maria Camejo
Assistant Cashier/Camv=ial
Loans
Regla Mum=
Assistant Cashier/Platform
Officer
Clelia Yarza
Assistant Cashier/Mortgage
Loans
Rozalyn Landisber3
In-house Lawyer
t
0
IThe Trust Bank
CITY
'N AW'}f
'86 rig('.12 P4:40
EXBIBIT ":C"
SHAREHOLDERS OF THE TRUST BANK
WITH MORE THAN 5% BANK STOCK
Mr. Ramon C. Sanchez
Chairman of the Board and CEO
7521 Los Pinos Blvd
Coral Gables, FL 33143
Said Haddad
1177 Kane Concourse
Bay Harbour Island, FL 33154
Cayetano A. Midolo
International Officer
77 Arvida Parkway
Coral Gables, Florida 33156
4445 W
161h Avenue, Hialeah. Florida =12 130) fit{ 5 "
^ITY np l.'i .�
EXHIBIWIV-" i�
BOARD OF DIRECTORS U TW OWS'P,040
Mr. Ramon Sanchez - Chairman of the Board, CEO
7521 Los Pinos Boulevard
Coral Gables, FL 33143
M. A. Schofman, MD. - Vice -Chairman
636 N,E. 101 Street
Miami Shores, FL 33138
Juan J. Martinez - President, COO
1915 SW 125 Court
Miami, FL 33175
Said Haddad
1177 Kane Concourse
Bay Harbour Island, FL 33154
Cayetano A. Midolo - International Officer ,
77 Arvida Parkway
Coral Gables, FL 33156
Eugene S. Frankel
204 Poinciana Island Drive
Miami Beach, FL 33160
Marin S. Schwartz
8215 Los Pinos Circle
Coral Gables, FL 33141
James H. McMullin
4040 Fairfax Drive
Suite i100
Arlington. Virginia 22203
Juan J. Abislaiman
P. 0. Box 11510
San Juan, Puerto Rico 00903
Jorge de Cardenas, MD
11880 SW 40th Street
Suite #315
Miami, FL 33175
Jorge Suarez-Mendeudrs, MD
1300 Coral Way
Suite #201
Miami, FL 33145
Ismael R. I'a Cardenas, MD
P. 0. Box l431307 r r
S. Miami, FL 33141 .
i
• T /I• r
Y t�F Atom M.J •r :''
.QL W&LP�E�OCR 1 PT 1 ON
Lots 6.36,37,38.39 and 40 Block 1 of SEAVER AND HASKELL SUBDIVISION as
recorded in Plat Book 9 Page 13? of the Public Records of DADE COUNTY FLA.
aM
Lots 1.2.3.4 and 5 of Block 3 and Lot 1 of Block 4 of FAIRMONT PARK.SECONO
ADDITION as recorded in Plat Book 11 Pape 63 of the Public Records of DADE
COUNTY FLA._ Also known as Lots 1.2.3.4.5 and T Block 1 of SEAVER AND
HASKELL SUBDIVISION as recorded in Dist Boob 9 Page 13? of Public Records
of DADE COUNTY FLORIDA.
maw
Noadm
soN: gat*--,
A 10
1
PlIOPLR:Y NQ 3
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, MARIANA RAFFOUL,
residing at 2285 SW loth Street, Miami, Florida and owner of
the property described ast
Lots 4 and 5 less the East 101 thereof, Block 3,
FAIRMONT PARR SECOND ADDITION, Plat Book 11 at
Page 63 of the Public Records of Dade County,
Florida.
make, constitute, and appoint AURELIO DURANA, Attorney At Law
The Trust Hank Building, 4445 West 16th Avenue, Hialeah, FL
to be my attorney for purposes of appearing before the City of
Miami City Commission at a hearing for Special Exceptions for
3 drive in windows situated on the referenced property and
on the Trust Bank property.
I have read and acknowledge signing the Declaration of
Restrictive Covenant pertaining to the above described property,
and state that the !acts as represented in said declaration are
true and correct.
MARIANA RAFFOUL
STATE OF FLORIDA
COUNTY OF DADE )
SWORN TO AND SUBSCRIBED before ma this Ct day of April,
1987.
My Commission Expires:
NOTARY
POWER OF ATTORNEY
RNOW ALL MEN BY THESE PRESENTS, that WE, VICENTE BARRERA and
TILIL BhRRERA, residing at
and owner of the property described as;
Lots 6, 37, 380 39 and 40, inclusive, in Block 1, of
BEAVER i HASIMLL SUBDIVISION, according to the Plat
thereof as recorded in Plat Book 9, at Page 137,
of the Public Records of Dade County, Florida.
make, constitute, and 'appoint AURELIO DURANA, Attorney At Law
The Trust Bank Building, 4445 West 16th Avenue, Hialeah, FL
to be my attorney for purposes of appearing before the City of
Miami City Commission at a hearing for Special Exceptions for
3 drive in windows situated on the referenced property and
on the Trust Bank property.
I have read and acknowledge signing the Declaration of
Restrictive CCovenant pertaini to the above described property,
and state that the facts as` esented in d declaration are
ti -
true and correct. '�
v
STATE OF FLORID&
COUNTY OF DADE )
SWORN TO AND SUBSCRIBED before me this day of April,
1987.
My Commission Expires:
Q1�-w R�n
�.7 I {
7�
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that WE, JUAN M. BARRERA and
GLORIA BARRERA, residing at
and owner of the property described an;
Lots 6, 37, 38, 39 and 40, inclusive, in Block 1, of
SEAVER i HASIELL SUBDIVISION, according to the Plat
thereof as recorded in Plat Book 91 at Page 137,
of the Public Records of Dade County, Florida.
make, constitute, and appoint AURELIO DURANA, Attorney At Law
The Trust' Bank Building, 4445 West 16th Avenue, Hialeah, FL
to be my attorney for purposes of appearing before the City of
Miami City Commission at a hearing for Special Exceptions for
3 drive in windows situated on the referenced property and
on the Trust Bank property.
I have read and acknowledge signing the Declaration of
Restrictive Covenant pertaining to the above described property,
and state that the !acts as rep anted in said declaration are
true and correct. i
G ;
BAPJUMA
STATE OF FLORIDA
COUNTY OF DADE )
SWORN TO AND SUBSCRIBED before me this day of April,
1987.
My Commission Expires:Ai A
PUBLIC
L0�.
,2l
EXHIBIT
"B"
Ci it 5 l IT C 5
S
THIS AGREWHENT, entered into this
27th
day of
July .10 79
between JUAN M. BARRE•RA and GLORIA
BA.RRCItA, his
wife and VICEUTE
HARRERA and TILA BARRERA,
hiswife
, hereinafter called the less0r.
party of the first part, and . QRBI ENTERPRISES, INC. a Florida corporation
of the County of Dade and State of Florida
hereinafter called the lessee or tenant, party of the second part:
WITNESSHTH. That the said lessor does this day leaso unto said lessee. and said lessee
does hereby hire and take as tenant under said lcsaoriW't 6WX dF/3Y1 AU propert;
��lppegaaKgllly Sdesccriibed as Lots 6, 337, 33i8, 39. 40, in Block 1 SEAVER �11
>ti,aSPiaC BUBPIrSION,,as 1339?rJ7 /An Z �Srg?Vd�tPtfSrseetCO.iacgi.FF�:
situate in Miami Florida, to be imed and occupied by the lessee e� 33135
and for no other purposes or uses whatsoever, for
the term of THREE (3) Years . XOl?it7:`d'a�'L`OxdDTQxi�ilidrEb'ir.iL'Sv�iaFdiE�C
&JffiKt=f;M=5W beginning the 1st day of August ,
19. 79 , and ending the 31s t day of July
at and for the agreed total rental of FIFTY-FOUR THOUSAND AND N67100----------
Dollars, payable as follows:
Lessee shall pay Lessor monthly in advance, the sum of $1,500.00,
plus applicable tax. which rental rate shall continue for the tem
of this Lease. On the date of closing (hereafter set forth) Lessee
deposit with Lessor the sum of $3,000.00 which constitutes the first
and last month's rent. It is hereby agreed that rental payments wil
not coualence until September 1. 1979, so as to allow time to make th
necessary alteration and remodeling.
all -payments to be made to the lessor on the first day of each and every month in advance without
demand at the office of 1741 Sot-1. 13 Street in the City of
Mimi t sb- or at such other place and to such other person, as the lessor
may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and are here.
by assented to by the lance:
may or or
FIST: The looses ab:dl:e ut assign this lease. loot sub-Ict the premises. or any part thereof .41t use the same.
or any, part thereof, or permit the same, or any part thereof. to be used for any other purpose than As above stipu•
lated. --or stake any alterations therein, and all ndditions thereto. without the written consent Nf the lessor. and
all additions. fixtures or Improvements which may be made by lessee. except movable office furniture. shall be-
come the property of the lessor and remain upon Cho premises as a part thereof, anti be surrendered with the preen.
lees at the termination of this lease.
SECOND: All pefsenal property placed or moved in the premises above described shad be at the risk of
the lessee or owner thereof. and lesser shall not be liable for any damage to said personal property, or to the
lase arising Prom the bursting or leaking of water pipes. or from any act of negligence of any co -tenant or
sceapanto of the building or of any other person whomsoever.
TIM: That the' tensM—�.—ahatl promptly execlete and comply with all statutes. ordinances. Fillet.
orders. regulations and requirements of the Federal. Mite ants City Government and of any and all their Depart.
ments and Bureaus applicable to sail premises, for the correction. prevention. and abatement of nuisances or
other grievances, in. upon. or connected with said promises during said term; and shall alike promptly complr
with and execute all rules. orders and regulations of the SoutheasLarn Underwriters Association for the preven•
lion of fires, at wn cost and expense.
FOURTII: in the event the premises shall he destroyed or so dAmaged or injured by fire or other casualty
daring the life of this agreement. whereby the same shall be rendered sentenanlable. then the lessor shall have. the
r1kht to render said premises tenantable by repairs within ninety slats therefrom. If said premises are not tenderest
tenantable within said time. It shall Ise optional with either party hereto to cancel this icAge. anal in the event of
such cancellation the rent shall be Pahl only to the date of such fire or casualty. The cAnrrltation herein mentioned
shall be evidenced In writing.
riFT11: The prompt payment of the rent for exist presolses sepan ilea dates nansetl. Anil the faithful ulmerv.
aneo of the rules Anil regulations printed upon this Ieaste. anti which are hurler mAsts A part of this•eorenant. And
of such other anti further rules er regulations ai may be hereafter masla• -toy tlse lessor. are the cosulitions upon
which the lease is made and accepted and any failure on the part of the lessee to comply with the term• of saint
lease, or any of said rules and regulations now in esimenre. or whirls may he hereafter pte•erthed by the truer.
shall at the option of the lesser. wnrk a (of failure of this contract. most all of the Fecht's of the lessee hrrrunsltr.
and thereupon the lessor. his agents or attorneys. shall have the tirht to enter salt{ prvmi%M And remove all per.
�u
sons therefrom terribly or otherwise. anti the lessee thereby exp"rsly waives any anti ail notice required toy law
to terminate tenancy and alan %waives any anti nil legal prneeothous to recevwr pnnsesswn of sat.l prem:Kr•, ante CS.
presaly serve's that in the event at a violation of tiny tit the terms of this lease. or of said rules and regulationss
new in existence. er which may hereafter he made. said lessor. his neent or attorneys. may immediately rO•41111er
said premises and dispossess lessae %without legal notice or the institution of any legal proeeedint:s wnstaewvRr.
SUCTltt it the lessee shall abandon or vacate exist Itremisrs before the call of the term of this lease. or
shall suffer the rent to be in arrears. the lesser may, at his motion. forthwith cancel this lease or he may tutor
said premises as the agent of the lessee. by forte or ulherwi+o. without licing liable in nny way therefor. anti rtlet
the premises with or %without any furniture that may Ito therein. as the noon& of the lessee, at such price and upon
such terms and for such duration of time as the lessor may determine, anti receive the rent therefor. appiying the _
same to the payment of the rent due by these presents, anti if the full rental herein provided shall net be realized
by lessor over and above the expenses to lessor In such re•Ielting, the said lessee shall lesy any deficiency. and it
more than the full rental is realized lessor will pay over to said levee the excess of demand.
SEVENTH: Lessee agrees to pay the cost of collection and ton per tent attorney's tee on any part of said
rental that may be collected by suit or by attorney, after the same is past due.
EIGi1TI1: The lessee agrees that he will pay nil charges for rent. gas. electricity or other illumination.
and for all water used on said promises. and should said charges for rent. lloht or water herein provided for at
any time remain due and unpaid for the space of five days after the Came shall have become due. the lesser may
at its option consider the ai.l lessee tenant at sufferance and itn:nceliately re-enter upon said premises and the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect-
ed by distress er otherwise. '
NINTR: The said lessee hereby pledges and assigns to the lessor all the furniture. fix:sras. goods and
chattels of said lessee, which shall or may be brought or put on said promises as security for the payment of the
rent herein reserved. and the lessee agrees that the aid lion may be enforced by distress foreclosure or otherwise
at the election of the said lessor. and does hereby agree to pay attorne 's tees of ten percent of the amount so
collected or found to be due, together with all costs and charges therefore incurred or paid by the lessor.
• Y..... 4y.. • . dui . _ .. t Sir 4 KR �is�a`¢} —
$VtYi�'tu;t1�SLtt=y1+t�o.
ELEVENTH: The lessor, or any, of his agents. shall have the right to enter said premises during all reason. _
able hours. to examine the same to make such repairs. additions or alterations as may be deemed necessary for the
safety, comfort, or preservation thereof. or of said building, or to exhibit said premises. and to put or keep upon
the doors or windows thereof a notice "FOR RENT, at any time within thirty (30) days before the expiration
of this lease. The right of entry shall likewise exist for the purpose of removing placards. signs, fixtures. altera•
tions, or additions. which do not conform to this agreement, or to the rules and regulations of the building.
TWELFTH: Lessee hereby accepts the premises in the condition they are in at the beginning of this lease
and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of
said term, excepting only reasonable wear and tear arising tram the use thereof under this agreement, and to
make good to said lessor immediately upon demand. any damage to water apparatus. or electric lights at any fix•
ture, appliances or appurtenances of said premises, or of the building. caused by any act or neglect of lessee. or of
any person or persons in the employ or under the control of thi losses.
TRIRTEE.YTH: It is expressly agreed and understood by and between the parties to this agreement, that
the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or
ether person or for any other damage or injury resulting from the carelessness. negligence, or improper conduct
on the part of any other tenant or agents, or employess, or by reason of the breakage, ieaka`e, or obatmetion of
the water, sower or soil pipes. or other leakage in or about the said building.
FOURTEENTH: If the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or
against the lessee. before the and of said term the lessor is hereby irrevocably authorized at its option. to forth•
with cancel this lease. as for a default. Lessor may elect to accept rent from such receiver, trustee. or other Judi.
vial officer during the term of their -occupancy in their fiduciary capacity without effecting lessor's rights as con•
tained in this contract; but no receiver. trustee or other Judicial officer shall ever have any right, title or interest in
or to the above described property by virtue of this contract.
FIFTEENTR: Lessee hereby waives and renounces for himself and family any and all homestead and ex•
emption rights he may have now, or hereafter. under or by virtue of the constitution and laws of the State of
Florida. or of any other State. or of the United States. as against the payment of said rental or any portion
hereof, or any other obligation or damage that may accrue under the terms of this agreement
SRTEENTII: This contract shall bind the ieaser and its assigns or successors. and the heirs, assigns. ad.
ministrators, legal representatives, executors or successors as the case may be. of the lessee.
SEVENTEENTI[: it is understood ant) agreed between the parties hereto that time is of the essence of
this contract and this.applies to all terms and conditions contained Itertin.
EIGIITEENTIT: It is understood and agreed between the parties hereto that written notice mailed at deliv.
eyed to the premises leased hereunder sliall constitute sufficient notice to the insets and written notice mailed or
delivered to the office of the lessor shall constitute sufficient` atice to the Lessor. to comply with the terms at
this contract.
NINETEENTH: The rights of the lessor under the foregning shall be eumuiative. anti failure an the part of
the lessor to exercise promptly any rights given hereunder shall not nlicrate to forfeit any .:t the said rights.
• TWENTIEM11: it is further understood and agreed between the partlep hereto that nor than:es agiinat
the lessee by the lesser for services or for work done do tits premises by order of the lessee or otherwise accruing
" under this contract shall be considered as rent date and shall be included in any lien for rent due and unpaid.
0050.1
a3
8 7-44
5 ��
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c)
i
e)
'Ma •11S.Tm of $7.n90.00 *Cho t:::e •�t• c!^.st::r..
Thu au:n OC $12.500.00 P.3yable January. :Ion.
The sum of $12.500.00 1137able• January. W.U.
Deferred payments to earn 10% interest ptr anresri.
payable quarterly.
IT. Lessor warrants that:
a) All assets sold as per inventory attached hn reco ar
free and clear of any encumbrances, and Lessor warrants that it ha
good rijjht to sell the same and that it will defend the some again
Cho lawful claims and demands of all persons whomsoever.
b) That is is not in default under any contract. agree
or any other document to which Lessor is a party.
III. It is further agreed and understood that there will be
no notice given in compliance of applicable bulk sales provisions
the Uniform• Commnercial Code so as not to delay the date of closing
In lieu thereof, Lessor covenants and agrees that any and all cla:.
losses and/or liabilities which the Lessee shall incur or suffer b
reason of Lessor's breach of any representation. warranty. covenan
or agreement, shall be set off by Lessee from any monies due the
Lessor under this Lease or under the provisions of this -purchase
agreement.
IV. The Lessor acknowledges the employment of BILL EISNOR,I:
REALTORS. and agrees to pay said broker five percent (5%) of the
purchase price as a brokerage fee for finding the above signed
Lessee/Purchaser.
TWENTY SIXTH: The closing date for this transaction shall t
August—L. L3T� —
TWENTY.SEVENTH: It is hereby, agreed and understood that any.
payments due under the nbte must be promptly paid within 30 days
next after the same becomes due.. Fdilure to do so shall result in,
the cancellation of.this Lease and its options.
... .... . . . . .. .
•N •. • • I
A q
.' i®•i •L i.J •��.• •I� !•• .. ../.�//• •i•�• .i tie r• ••:: •:.::� •.V J:.�
uhaL! lfiaw: thu U11 Ltt:innLL ::tick ..i.:;n:s anti •!L•1: i:t.; =:t
connucttc/n -•rtth pre -mines U a.wid hurt-undt:r 43 :arty ;:,- ved
the currespundLnr tLty tic cuens;y .•tttt:;u.rLt:us.
rJENTY SECOND: Provided this: Lease in in •;ood utandf.nc and
Lessee Is not in aufault hereunder. Lus:sor hert;oy grants cu Las ucl
the right.' rivilege and option of extending this Leun::e for n car:.
of seven (7� years from the elate of the expiration hereof. provide
that Lessee shall ive to Lessor written notice of Lessee's
intention to exert se the option not less than three (3) months pi
to the expiration of the initial term. All of the terns. covenant:
and conditions of this Lease uhall apply during any .and all extent
terms. except that in addition to the minimum base neat of $1.500
per month, plus applicable sales tax; Lessee will pay Lessor in —
accordance with the following:
• a) The "annual rent" called for herein shall be adjust
every year so that it will be such a sum of monies as it is equivi —
to the purchasing power of the dollar on October 1st. 1979 as shoo
by the Consumer Price Index prepared by the Bureau of Labor Statis
of the U.S. Department of Labor. The annual rent providad herein s
not be decreased by any decrease in the Consumer Price Index, and
no event shall the annual rental due and payable hereunder be less
than the highest adjusted annual rent paid for any prior lease yet
regardless of the value of the dollar as reflected by the said
Consumer Price Index.
b) The Lessee agrees to pay to the Lessor for any incz
in the real estate taxes levied against .the demised premises over.
• above such real estate taxes levied for the first (1st) calendar y
of this Lease.
TWENTY THIRD: It is agreed and understood that at any time. —
during the tet-m of this Lease and its options. Lessee or assigns c
Lessee shall have the option to purchase the demised premises. Ir
event that Lessor shall decide to sell the demised premises, Lessc —
shall first offer the demised premises to the Lessee for the price -
on the terms of the intended sal(k.:•`.hereby granting the .Lessee the
right of first refusal. .
TWENTY FOURTH: At any time during the term of this Lease , • t
Lessee shall ave'Che right to make any alterations to the buildin
whatsoever, including bup not limited to, repair. alte=,-change or
build, and any other changes which at the sole discretion of Lease
will facilitate and improve the conduct of Lessee's business. It i
clearly understood that Lessee shall be'allowed to do any of these
acts without the prior consent or approval of the Lessor, provided
the improvements do not result in any liens whatsoever against the
demised premises. Liens must be cleared or bonded within 30 days a
the lien has been placed against the demised premises, failure to
so will result in the immedtate cancellation of this Lease and all
of its options. Lessor will notify Lessee of any liens that Lessor
actual knowledge.
TWENTY FIFTH: It is further agreed and understood that as p
of the cons oration of this Lease. the Lessee shall buy and Lasso -
shall sell all of the property. personal or otherwise. as per inve
Cory attached hereto and made a part hereof. Said property is atta
and located -at the demised premises.
I. Lessee shall pay Lessor the total purchase price of
435, 000.00. payable as follows:
.. a) The sum of $3.000.00 to be deposited in Escrow with
BILL EISNOR. INC., RMTORS. upon the execution of this Abreenanc
Lessee; as part payment of the purchase price.
h
87 `' ''. ...irk'.
t
IN WITNESS WHEREOF. the parties hereto 1
purpose herein expressed, the day and year above wl
igned sealed and de -eyed in the presence of:
@I
ki
my ereunto executed this instrument for the
itten
�-- seal)
*AH
_.
_(Seal
rrrt�r*•�-� rye ' L= � _ r�—
V&. , V ).,.11 11 , I ,.1 is I (Seat
Astc Lessor e•+ x.
• .:r.�° . i,
•OLT JJA=e .. , t
• P esi Wr/.RBI E T t:�.!
..
• tr / j 1 • . (Seal'
As to Lessee EDUARD A T ee ecre.tsry . • ; ;
Deposit of $3,000.00 received on July 27, 1979.
STATE OF nORiDA. t
EMAR ? INC
Dade V
/� /
Deters me, a Notary Public in and for said State and County, personall cam '
JOB O! 0 .OS��sj„r1t-nt- AND j:DUA DO ANTON,9CC - E,� r Va ,tb'mi
4 they �.
well haawnt and Mown to be the peraeni. named in the for lean•, ants
acknowledged that they-xecuted the same for the purpose therein expressed.7.
•
• IN WITNESS WHEREOF, I have hereunto set my hand and affixed my etf etal seal the. 270
• day of •July • • . t�_
Ne1sry Nine. State Of nOWs at laces
My Ceonrssmm Coon Novm*w Itttyj (� , •� `A
Wy, commission esptreitenewt Baru Mfg_
Notary Public. Mate of t'lerida at WKS._ •
EDUARDO ANTON
oil the •
LAW Arrw" '
'J�in hmmntrttltml I�jr: —• i .c SAI.DIgr, 1 `
f S. IV '
AJJtrn ►ll.�au. PLui�(troWtJllsd ..
M.
:KDIFICATION or MD.MAMS LEASE
.THIS Mr—,TP.U=, entered into this l9th day of February 1935, between
JUAN M. BAmRERA and GLORIA BARRERA, his wife, and VICMM BARREMA and TIIA
BARRERA, his wife,'hereinafter called the lessors, parties of the first part,
and GENERAL FEDERAL SAVINGS & LOAN ASSOCIATION ("GFS"),
hereinafter called Lessee, party of the second part.
MMM- M, Lessors and Orbi Enterprises, Inc. did enter into a business lease
on July 27, 1979 covering Lots 6, 37, 38, 39 and 40 in Block 1, SEAVER &
IMSKM SUBDMSION as recorded in Records Book of Dade County, Plat Book 9,
page 137, a/k/a 2205 S.W. 9th St. Hiammi, Florida, for the original time period
of three (3) years and further, that said lease was extended for an additional
period terminating on July 31, 1989, and, said lease was assigned to GFS and is in
good standing. _
WHEREAS, the above parties have reached an agreement wherein they
have agreed to extend that certain business lease for an adAitional 20 years;
=I, T['.F:mgDRFE, in consideration of 'e'en 00/100 ($10.00) Dollars and
other good and valuable considerations the lessors hereby extend the original
lease through July 31, 2,009. All the teals and conditions of the original
lease shall remain, particularly the provision dealing with the escalation
provisions contained in paragraphs 'RIF31PY-SE0= a) and b).
Lessees shall pay the sum of $15,000.00 upon the execution of this
agreement as the consideration for this extension.
IN 1417NESS WHF-RDOF the partiis hereto have hereunto executed this
instrument for the purpose herein expressed the day and year above written.
LES
A OhRIUMA, his wife
lo
f
STATE OF r.wRivA )
SS
CYXM OF DADE )
BEM- - M., a Notary. Public in and for said State and County,
personally appeared Juan m. Barrera and Gloria Barrera, his wife
and Vicente Barrera anri Tila B=era, his wife,
to me well known and knmm to be the persons named in the foregoing lease
and who acknowledged that they executed the same for the purpose therein
ex.messed.
IN WUNE'SS IIIWE r, i have hereunto set TIN hand and affixed my
official seal this 18th day of Fehruary 1985.
tiOT.�ItY r.: UC STATt 0- ::"= • :,. ,; .,�
J:i C�.•t•.Ii�ICAJIra:s:i::' � •i •• •:
TIOTNXV PU4:IC STAT! C- 11.01'A AT.
t'• :'
i
l•t- %1'I I '/..1 :1• .• 1•.•... • %T !.%%. ..
'- ASSIGNMENT OF BUSINESS LEASES
THIS ASSIGNMENT made and entered -into this 4-rior day of
August, 1985, by and between GENERAL FEDERAL SAVINGS AND LOAN
ASSOCIATION, a federal savings and loan association ("Assignor")
and UNITED INVESTMENTS LIMITED PARTNERSHIP, a limited partnership
formed under the laws of Florida ("Assignee").
RECITALS
WHEREAS, Assignor desires and agrees to assign and delegate
and Assignee desires and agrees to assume all of Assignor's
right, title, interest and obligations in, to and under the
Leases, which are attached hereto and made a part hereof as
Exhibits "A" and "B", all on the terms and conditions contained
herein.
NOW, THEREFORE, in consideration of the mutual covenants con-
tained herein and other good and valuable consideration, the
receipt and adequacy of width are hereby acknowledged, it is
agreed upon as follows:
TERMS •
1. Recitals. The foregoing recitals are hereby incor-
porated and made a part of this Agreement.
2. Assignment. Assignor hereby conveys and transfers ef-
fective as of August 1, 1985 (the "Effective Date") and Assignee -
hereby accepts as Assignee thereof, all of Assignor's right,
title and interest in and to the Leases and all amendments and
modifications thereof, to have and to hold the same unto
Assignee, its successors and assigns for all the remainder of the
term thereof, and Assignee hereby accepts such assignment.
3. No Encumbrances or Defaults. Assignor hereby covenants
that it has not failed to perform or observe any term, condition
or covenant of the Leases, that the Leases are in full force and
in good standing and that Assignor is not in default thereunder
and that no act or omission by Assignor has occurred which with
notice or lapse of time would constitute a breach or default un-
der the Leases.
4. AssumRtion. Assignee hereby assumes the performance of
and agrees to observe all of the terms, covenants and conditions
of the Leases from and after the Effective Date and to make all
payments of rent and other charges as and when due under the
Leases.
S. Proration. Assignor and Assignee agree to prorate all
rents, additional rents, taxes and expenses due under the Teases
as of the Effective Date. Assignee shall pay for electricity,
telephone, water and other utilities used on the leased premises
and the cost of any repairs or maintenance incurred as of the
Effective Date.
6. Indemnification. Assignee agrees that it will indemnify
and save harmless Assignor from any and all suits, actions,
damages, costs and expenses, including attorney's fees and costs,
that Assignor may sustain by reason of Assignee's failure to pay
rent or other charges due under the Leases or by reason of
Assignee's breach of any of the terms, covenants and conditions
of the Leases herein assigned and from and against any and all
liability, damages and expenses arising out of or resulting from
any injury, sickness, disability or death to persons, of loss or*
damage to property, including Assignee's property as a result,
:
tl
s
directly.. or indirectly, of Assignee's use of the leased premises
or as a result of a condition of the leased premises.
IN WITNESS WHEREOF, this Agreement has been duly executed and
delivered by the parties hereto.
WITNESSES: ASSIGNOR:
GENERAL FEDERAL SAVINGS AND
LOAN ASSOCIATION, a federal
savings and loan association
By:
Dr. Pedro Ramon Lopez,
President`
ASSIGNEE:
UNITED INVESTMENTS LIMITED
PAR
par
By:
uenerai rartner
By:
Cayetano Midolo,
General Partner
4
THIS AGREEMENT, entered into this clay of August.
between UNITED INVESTMENTS LIMITED PARTNERSHIP. a Florida
Limited Partnership
01985
, hereinafter called the lessor,
party of the first part. and THE TRUST BANK, a Florida banking corporation
of the County of Dade and State of Florida
hereinafter called the lessee or tenant, party of the second part:
WITNESSETH, That the said lessor does this day lease unto said lessee, and said lessee
does hereby hire and take as tenant under said lessor il) N& XdF)6' M the buildir
and adjacent parking lots commonly referred to as: 700 S. W. 22nd Avenue; and
2210 S. W. 7th Street; and, 2205 S. W. 8th Street, (hereinafter collectively refern
MW to as the "Property")
situate in • City of Miami Florida, to be used and occupied by the lessee as of fices
and branch banking facilities and for no other purposes or uses whatsoever, for
the term of 24 years , sttbjot�xatoaax:ooatilNttll+idxftKglt1I11gIVfd111MUxdlx
el&=v*sltxc*%h1wh=v beginning the lot day of August
19 85 , and ending the 31st day of July 7j; 2009
at and for the a Two Million Two Hundred Three Thousand Nine Hundred
Bwffr Eigt.1 an- d 6 t� i .�o3,928.63)
o , pa a a as fo ewe:
As an inducement fdr the lessee to enter into this lease, and in
recognition of the commencement of the lessee's first branch
banking facility, the lessee shall pay unto the lessor rent for
the month of August 1985, in the amount of $3,928.63; thereafter,
and for the next ninety (90) consecutive months, with the.first
such payment due on September 1, 1985, the lessee shall pay unto
the lessor the sum of $13,500.00.
After the completion of said ninety month (90) term, and for the
remaining one hundred ninety-seven (197) months under the original
terms of this lease, the lessee shall pay unto the lessor rent for
the property in the amount of $5,000.00 per month. Further, com-!,,
mencing with the initial payment of said Five Thousand ($5,000.00) Dollars
per month rental charges, shall be adjudted yearly based on the Cost
of Living Index then most commonly used in effect (CONTINUED ON 3RD PA(
all payments to be made to the lessor on the first day of each and every month in advance without
demand at the office of Lessor; 4445 W. 16th Avenue in the City of
Hialeah, Florida, 33012 or at such other place and to such other person, as the lessor
may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and are here.
by assented to by the lessee. ,
FIRST: The isms sbt iat aatiin this isass.z rrtsub•1e! the premises, or an part thereof>fledr► use the same,
or any part thtrest, nee permit the tame, or any part thereof, to be used for any other purpose than as above supw
toted nor make any alterations therein. and all additions thereto, without the written consent of the tosser. and
all additions. fixtures or improvements which may be made by lease. except movable office furniture. shall be.
come the property of the lesser and remain open the premises as a part thereof, and be surrendered with the prem•
saes at the tarminatlea of this loose.
SECOND; All personal property placed or moved in the promises above described shall be at the risk of
the lessee or owner thtreet. and lesser shall not be liable for any damage to said personal property, or to the
legate arising from the bursting or leaking of water pipes, or from any act of negligence of any eo4onant or
occupants of the building or of any other person whomsoever.
TIIIRD: That the tonanL_ hall promptly execute and comply with all statutes, ordinances, rules,
orders, retulatlono and reetutremtats of the Foderal. state and City Government and of any and all their Depart.
Monte and Bureaus applicable to Bald premha, for the Correction, prtventlon, sad abatement of Auianen or
other grievances, in@ upon, or connected with said promises during said termi and shall also promptly comply
with and execute 1 roles. orders and regulstleas of the Southeastern Underwriters Association for the proven•
tion of tires. a cost and expense.
FOURTH: in the event the ppr�sermnhes shag be destroyed or so damoged or Injured try tiro or other casualty
during the life of this agreement, whereby the came shall be rendered unteeantable, then the lesser ohW have the
right to render said promises tenantable by repairs within ninety days therefrom. It aid Promises are not roadersd
tenantable within aid time. it andi be optional with either party hereto to eoneel this teams; and In the caveat .ot
such eaneellotlon the rant shell be paid only to the date of such fire or Casualty. The cancellation herein mentioned
shall be evidenced to writing.
000
FIFTH: The gas
payment of the rent for said promises upon the data named, and the falthfal oboes.
ante,
of the min an4 regulations printed upon this Iwo, and which are hereby made a part of this eoveasat, and '
of such other and further ruin or reguletions a may be hereafter made by the tester, are the eoadlftea upea
which the lease IS made and aCCept d and any failure oa the part of the lases to Comply with the terms of ssid :
loan. or any of aid roles and regulations now In existanee. or which may be hereafter preseribal by the lesser, l ."
Shen at the option of the losssr, work a forfeiture of this contract, and ell of the rights of the leases bereunden
and thereupon the Iroaor, his agents or attorneys, shall have the right to enter aid prembes, and remove aQ per.
t�.
I...Af1['t_,
6'
sons therefrom forcibly or otherwise, and the lsssos thereby expressly waives pay and all notice required by law
to terminate tenancy. and else waives an�r and all larval proeeedtnms to reeevee possession of uid premiers. and ex-
toy
agrees that.in the event of a vlolatlon of any of the terms of this lease, or of said n:la and regulations.
now in existence or which may hereafter be made said lessor. his alien! or attorneys. may n raw iatety re•entte
sold premises and dispossess lean without Ienal not,as or the institution of any legal preeeedings whatso*vtr.
SiXTiI: It the lance shall abandon or vacate said premises before ths, end of the term of this lease. or
shall suffer re
the rent to be in arars, the lessor may, at his option, forthwith cancel this leans or he may enter
said l+Jromises as the agent of the lessee, by torte or otherwise. without being liable in any way therefor, and relet
the premises with or without any furniture that may be therein. as the agent of the lessee, at such price and upon
such terms and for such duration of time as the lessor may determine. and receive the rent therefor, applyingR the
same to the payment of the rent due by these presents, and if the full rental herein provided shall not be resli:ed
by lessor over and above the expenses to lessor in such re•letting, the said lessee shall pay any deficiency, and it
more than the full rental Is realised lower will pay over to said lessee the excess of demand.
SEVENTH: Lessee agrees to par the cost of collection and ton per cent attorney's fee on any part of said
rental that may be collected by suit or by attorney, after the same In past due.
EIGHTHs The lessee agrees that he will pay all charges for rent. man, electricity or other illumination.
and for all water used on said premises, and should said charges for rent, tight or water herein provided for at
any time remain due and unpaid for the apace of five days after the same shall have become due, the lessor may
at its option consider the said lente tenant at sufferance and immediately re-enter upon said promises and the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect•
ed by distress or otherwise.
NINTH: The said lanes hereby pledges and assigns to the lessor all the furniture, fixtures. goods and
chattels of said Iowa*, which shall or may be brought or rut on said premises as security for the payment of the
rent herein reserved, and the leases agrees that the said Zion may be enforced by distress foreclosure or otherwise
at the election of the said lessor, and does hereby agree to pay attorne 's fees of ten percent of the amount so
collected or found to be due. together with all costs and charges thereiore incurred or paid by the lessor.
X
X
X
xT>Nx
It being further underated and agreed that the lessee will not be required to vacate said premises during
the winter season: namely, November tint to May first, by reason of the above paragraph.
ELEVENTH: The tenor. or any of his agents, shall have the right to enter said premises during all reason•
able hours, to examine the same to make such repairs. additions or attentions as may be deemed nectsssry for the
satetr0 comfort, or preservation thereof. or of said building. or to exhibit said premises. and to put or keep upon
the doom or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration
of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures. alters•
tionn, or additions, which do not conform to this armament. or to the rules and regulations of the building.
TWELFTR: Lessee hereby accepts the premises in the condition they are in at the beginning of this tease
and egrets to maintain said premism In the same condition, order and repair as they are at the commencement of
said term, excepting only reasonable wear and tear arising from the rue thereof under this agreement, and to
make good to mid tenor immediately upon demand, any damage to water apparatus. or electric lights or any fix•
ture. appliances or appurtenances of said premla*si or of the building, caused by any act or neglect of lessee, or of
any person or parsons In the employ or under the control of the lessee.
TIiIRTEENTH: It is expressly agreed and understood by and between the parties to this agreement, that
the landlord shall net be liable for any damage or injury by water. which may be sustained by the said tenant or
Other psrsen er for any ether damage or injury resulting from the carelessness, negligence, or Improper conduct
on the part of any ether tenant or agents, or employees. or by reason of the breakage, leakage, or obstruction of
the water, stwer or soil pipe:, or other leakage In or about the said building.
FOURTEENTH: It the lance shall become insolvent or It bankruptcy proceedings shall be begun by or
against the lanes, before the end of said term the lessor is hereby irrevocably authorised at its option. to forth•
with cancel this lam, as for a detaulL Lessor may elect to accept rent from such receiver. trustee. or other Judi-
cial Officer during the term of their occupancy in their fiduciary capacity without effecting lance's rights as con•
tained in this contract. but no receiver, trustee or other judicial officer shall ever have any right, title or interest in
or to the above described property by virtue of this eontneL
FIFTEENTH: Lessee'hersby waives and renounces for himself and family any and all homestead and ex•
emptlen rights he may have new, or hereafter, under or by virtue of the constitution and Iowa of the state of
Florida. or of any other Stab. or of the United States, as against the payment of said rental or any portion
hernt, or any ether obligation at damage that may accrue under the terms of this agreement
SIXTEENTH: This contract shall bind the lessor and Its assigns or successors, and the heirs, assigns, ad•
minietraton, legal representatives, executors or successors as the case may be, of the lessee.
SEVENTEENTH: it is understood and agreed between the parties hereto that time is of the essence of
this contract and this applies to all terms and conditions contained herein.
EIGHTEENTH: It Is understood and agreed between the parties hereto that written notice mailed or deliv.
ered to the premiers leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or
delivered to the office of the tenor shall constitute sufficient notice to the Lesser, to comply with the terms of
this eontmeL
NINETEENTH: The rights of the lessee under the foregoing shall be cumulative. and failure on the part of
the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the Bald rights.
TWENTIETH: It is further understood and agreed between the parties hereto that any charges against
the lame by the lesser for services or for work done on the promises by order of the lanes or otherwise accruing
under this contract shall be considered a rent due and shall be included in any lion for rent due and unpaid.
TWENTY-MRST: It is hereby understood and agreed that any signs or advertising to be used. including
awnings, in connection with the premium leased hereunder shalt be first submitted to the lessor for approval be.
fore installation of same.
TWENTY—SECOND: The lessee shall maintain the premises, inside
and outside, including root, walla and upkeep of the parking lot,
including yard, grass, etc. The -existing air conditioning shall be
maintained and kept in good working condition by the lessee.
TWENTY-THIRD: The lessee will be responsible for electrical and
water and sewer charges and in the event the building needs to be ter-
mite eradicated, it will be paid for by the lessee. It is understood
by both parties that the lessor shall only be responsible for the pay-
ment of real estate taxes on the property being leased.
i
.►-rQUKt11: 'fie lessee shall provide a �' a and Casualty Insu
,•ticy foc the hest insurable.value and quate Liability Zn
'providing covo- 3e for the lessor, in an a..►unt not less than
Id O 000.00 .
r
TWENTY-FIFTH: The lessor grants the lessee the right of first re
1sal at any time that the lessor recieves an offer to purchase.
TWENTY-SIXTH: The lessee further agrees to pay any increase in
real estate.taxes beginning with the year 1986 and throughout the
existence of this Lease, including the renewal period. The increase
is to be paid during the month of November of each year, beginning in
November 1986. The base year for this calculation shall be 1985.
...CONTIUED FROM PAGE 1...
with the proviso, that the base year shall be 1993.
Together with the initial month's rental payment hereunder, the lessee shall pay
to the lessor, the following sums: (a) the sum of $4.500.00 as reimbursement to
the lessor for expenses incurred by lessor in cite preparation of the devised prop-
erty; and, (b) the sum of $15,150.00 to reimburse the lessor for the moneys so ex-
pended to obtain a twenty-year (20) year extention of the underlying ground lease
from the Barrera family. Ir
IN WITNESS WIMEOF, the parties hereto have hereunto
purpose herein expressed, the day and year above written.
Sirned..aeiled and delivered in the presence of:
1 F � % --•,
,�45
1,610-ele-MAWE'Wo
As to Lessor
As to Lessee
STATE OF FLORIDA,
County of DADF
for the
PARTNERSHIP•
INV . V • VY..�..G4 • Vvi. • . f.. �..C.
TIIE TRUS'UIANK
. �i%k• r:��ro�'?n • (Seal
men,* Itildlerdo President
A Ill// • �' /,t t•t.�, (Seal
uan M.FtIncEjace Cashier
Before me, a Notary Public In and for said State and County, personally came R� SANCIIFZ,
CAYMTANO MIDOIA, FILENO J. IZQUIFRDO and JUAN 14ARTINEZ _to me
well known and known to be the peranjt_ named in the (ongoing lease, and
seknowleft" that they exocutad the same for the purpose therein expressed.
IN WITNESS WI:EREOF. I have hereunto act my hand and affixed my official seal the )AI •
day of Isla
NOTARY PUBLIC STATE Or PM -
MY COMMISSION flglrfS p"y 211?4?
11y tcmmlsslan aspire neu ONIAL L
I Ili, lufInink-111 /rpin d by..
t1.dln:41
SIDNEY Z. BRODIE, ESQ.
Brodie A Marder, P.A.
7000 S.W. 62nd Ave., Ste. 0570
South Miami, Florida 33143
33
�1tSIY[ESfi
THIS AGREEMENT, entered into this
between MARIANA RAFFOUL
V�4
day of �Jr'
_ i9
hereinafter called the lessor,
party of the first part, and UNITED INVESTORS LIMITED PARTNERSHIP, A Florida Limited
of the County of Dade and State of Florida Partnership
hereinafter called the lessee or tenant, party of the second part:
WITNESSETH, That the said lessor does this day lease unto said lessee, and said lessee
does hereby hire and take as tenant . under said lessor
No. 730 SW 22 Avenue, Miami, Florida
sitilate in Florida, to be used and occupied by the lessee as
a bank facility and for no other purposes or uses whatsoever, for
the term of fifteen ( is) years , subject and conditioned on the provisions of
of this lease beginning the _.ls� 1 s - day of
19 8151, and ending the 313t day of or~to e'r 20'
at and for the agreed rental 7
payable as follows:
SEE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF
all payments to be made to the lessor on the first day of each and every month in advance without
demand At the office of Lessoro 22e5 SW 10 street in the City of
Miami. Florida or at such other place and to such other person, as the lessor
may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and are here-
by assented to by the lessee:
FIM: The Isms shall not assign this lease, nor sub -let the premises, or any part thereof nor use the same,
L�
Iss
or
any part thereof, nor permk the same, or an part thereof, to be used for nay other purpose than as above stipu-
ted, _aa � �h �tloaa therein, sad s� additions thereto, witboat the weittea aonseat of the lessor. and
a�i psovemeata wbkb n:srr be made by lessee, a:ceps movable office fnsnitare, shall be.
i i mo�toesl�naoeifoo o! lesaen�� upon the premises as a part thereof, and be enrreaderod with the prem-
SMND3 All pa+send property placed or moved in the premises above described shall be at the risk of
the lessee orsowner thereof, sad lessor shall not be liable for any damage to said personal property, or to the
Isms
the m the bursting or )salting of water pipe% or from any act of negligence of any co- tenant or
Ilding or of any other person whomsoever.
TBiRD: That the teaant�.�_hall promptly castrate and comply with all statutes, ordinances. rules,
ordeee, done sad requirements of the Federal, State and City Government and of any and all their Depart.
Monts and antem spplkable to eaW promises, for the cornedon, prevention, and abatement of nuisances or
other grimaces, bra, Upon, or Connected with odd prom ius daelag said term: and sham also promptly comply
and execute au rules, orders and regulations of the Southeastorn Underwriters Association for the proven.
don of fbres, at._.3.ts.own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or injured br tin or other casualty
de�r �g tba life of thk agreemont, whereby the same sball be rendered untenantable. then the lessor shalt have the
right to reader sdd prembes haantable by repairs within ninety days therefrom. If said promises are not rend "
Osaantable within said time. it shall be optional with either party hereto to cancel this loan, and in tha event of
such cancellation the rent &hall be paid only to the date of such fire or casualty. The cancellation herein mentioned
shag be evidenced In writing.
FIFTH: The prompt payment of the rent for said premises upon the dates named, and the faithful obson.
ante of the rules and regulations printed upon this lease, and which are heroby made a part of this covenant. and
of sorb other and further rules air regulatin oas may be hereafter made by the lessor, are the conditions.. upon
wbkb the lease is mads and accepted and any failure on the part of the lessee to comply with the terms Of Said
lease, or any of mid rules and regulations now in existence, or which may be hereafter prescribed by the lessor,
shall at the option of the lessor, work a forfeiture of this contract. and all of the rights of the lessee henundee.
and thereupon the lessor, his agents or attorneys, shall have the right to enter said premises. and remove all peep
..;;1
ab
sow thersirom forcibly or otherwise. and the lessee thereby expressly waives. any and all notice required by law
to tormt a. tenancy, and also waives any and all legal proceedings to recover possession of said premises, and sx-
prasly agrees that in the event of a violation of any of the terms of this lease, or of said rules and regulations,
now in existence. or which may hereafter be made, said lessor, his agent or attorneys, may immediately reenter
said premises said dispossess lases without legal notice or the institution of any legal proceedings whatsoever.
SIXTH: It the lessee shall abandon or vacate said premises before the end of the term of this lease. or
shall suffer the rent to be In arrears, the lessor may, at his option. forthwith cancel this lease or he may enter
said ptsmian as the agent of the lone*, by force or otherwise, without being liable in any way therefor, and relot
the premises with or without any furniture that may be therein, as the agent of the lessee, at such price and upon
such terms and for such duration of time as the lessor may determine, and receive the rent therefor. applying the
same to the payment of the rent due by these presents, and if the full rental herein provided shall not be realised
by lessor over and above the expenses to lessor in such re -letting, the said lessee shall pay any deficiency, and if
more than the full rental is realised lessor will pay over to said lessee the excess of demand.
SEVENTH: Lessee agrees to pay the cost of collection and ten per cent attorney's fee on any part of said
rental that may be collected by suit or by attorney, after the same is past due.
EIGHTS: The lessee agrees that he wiil pay all charges for rent. Ras, electricity or other illumination,
and for all enter used on said premises, and should said charges for rent, light or water herein provided for at
any time remain due and unpaid for the space of five days after the same shall have become due, the lessor may
at its option eanefder the said less@* tenant at sufferance and immediately re-enter upon said premises and the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect.
*d by distress or otherwise.
NINTR: The said losses hereby pledges and assigns to the lessor all the furniture, fixtures, goods and
chattels of said lame, which shall or may be brought or put on said premises as security for the payment of the
rent berain reserved. and the losses agrees that the said lien may be enforced by distress foreclosure or otherwise
at the election of the said lessor. and does hereby agree to pay attorneys fees of ten percent of the amount so
coUseted or found to be dust together with all costs and charges therefore Incurred or paid by the lessor.
�ldi>es�I>adteDt>emiaeabstt MMIJAMd: aBit ssigaimest�snoaxaouataiekps�lsstuslesring
�13nnt=C3%WAKHay1gtXWWMM= oateettrxgxwc welt.
ELEVENTH: The lessor. or any of his agents. shall have the right to enter said premises during all reason-
able houm to szamias the same to make such repairs. additions or alterations as may be deemed necessary for the
safety, comfort, or preservation thereof, or of said building, or to exhibit said premises, and to put or keep upon
the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration
of this lsate. The right of entry shall likewise exist for the purpose of removing placards. signs, fixtures, altera•
tions, or additions, which do not conform to this agreement, or to the rules and regulations of the building.
TWELFTH: Lease hereby accepts the premises in the condition they are in at the beginning of this lease
sad agues to maintain said premises is the same condition, order and repair as they are at We commaacemsne of
said term, @ze@pting only reasonable wear and tear arWng iron the use thereof under this a cement, sad to
maid good to acid lasoe immediately upon demand, nay damage to water apparatus, or ai@ctric lights or nay fix-
tore. apptisaees oe apptutaaaaces of said premises, or of the buUdtng, caused by any act or neglect of lessee. or sofay person or persons {n the employ or under the control of the lases.
TSIRTEENTR: It is exprassly speed and understood by and between the parties to this agreement, that
the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or
other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct
OR the part of any other tenant or agents, or employees, or by reason of the breakage, leakage. or obstruction of
the water, sewer or soil pipes, or other leakage in or about the said building.
FOURTEENTH: If the Imes shall become Insolvent or it bankruptcy proceedings shall be begun by or
against the Isaacs, before the and of said term the lessor Is hereby irrevocably authorised at its option, to forth.
with eanesl this loan. as for a default Lessor may elect to accept rent from such receiver. trusts*, or other judo
cial officer during the term of their occupancy in their fiduciary cappaacity without etfeetinglessoes rights as can.
Wood in this contract, but no receiver, trusts* or other judicial officer shall ever have any right, title or interest in
or to the above described property by virtue of this contract.
FIFTEENTH: Lasses hereby waives and renounces for himself and family any and all homestead and ex.
emption rights he may have now, or hereafter, under or by virtue of the constitution and laws of the State of
Florida, or of gay other Sou. or of the United States, as against the payment of said rental or any portion
hereot, or any other obligation or damage that may accrue under the terms of this agreement
SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, ad•
ministrator% legal representatives, executors or successors as the case may be. of the losses.
SEVENTEENTH: It is understood and agreed' between the parties hereto that time is of the essence of
this contract and this applies to all terms and conditions contained harsin.
EIGHTEENTH: It is understood end agreed between the parties hereto that written notice mailed or doliv.
seed to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or
delivered to the office of the lessor shall constitute sufficient notice to the Lessor. to comply with the terms of
thin eontraet
N-MMEENTS: The rights of the lessor under the foregoing shall be cumulative, and failure on the part of
the Iowa to exercise promptly any eights given hereunder shall not operate to forf@it any of the said rights.
TWENTIETH: It is further understood and agreed between the parties hereto that any charges against
the lease by the lessor for services or for work done on the premises by order of the lease* or otherwise accruing
under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid,
TWENTY-FIRST: It to hereby understood and agreed that any signs or advertising to be used. including
awnings. is connection with the premises leased hereunder shall be first submitted to the lessor for approval be -
for* installation of same.
V�r
0.
TVWY-SE Ms That, the Loom shell keep all and singular said building and premises, including
all windows, screen, owning@, doors, interior and exterior walls, roof, pipes, plumbing, electric
wiring, air conditioner,. end other fixtures and interior and exterior apurtanances, in such repair
as the sass are at the commencement of the said lease term or my be put in during the continuance
thereof, reasonable wear and tear excepted{ and the Lessee shall promptly replace all glass, both
Interior and exterior, broken during the term of *aid lease, keep said promiies insured against lose
by fire or windstorm and plate glass insurance on the daised premises, said insurance to contain
the Lessor's name as landlord, and the Lessee shall pay the premiums for such insurance with receipt
for payment thereof to lessor.
TVENTY-THIRD: That the Lessee shall be responsible for the addition at his own expense of any addi-
tional facilities required by any governmental authority.
n=Y-rWNTHt The Lessee shall at all time indemnify and save harmless the Lessor from all losses,
damegoo, liabilities end expenses which my arias or be claimed against the Lessor and be in favor
of any persons, firm or corporation, for any injuries or damages to the person or property of any
person, firs or corporation, consequent upon or arising from Lessee's failurs to comply with the
aforesaid laws, statutes, ordinances or regulations= that the Lessor shall not be liable. to the
Loom for any daasgss, losses or injuries to the person or property of the Lessee which may be
caused by the acts, neglects, omissions or faults of any person, firm or corporation end that the
Lossse will indemnify and save harmless the Lessor from all damages, liabilities losses, injuries or
damegam which arose about or upon sold premissef and shall carry and pay for liability insurance,
covering the above in amounts of not loss than $1,000,000.00 and shall name the Lessor in said
policy and furnish the Lessor with a copy thereof.
TVENTY-FIFTH: The Losses acknowledges that the said promises have been received in thoroughly good
order, tenantable condition and repair, of which the execution of this lease shall be conclusive
ovidanee, and that no rsprosentations as to the condition of said premises have been made by the
Loom or his agents, and. that no obligations as to the repairing, adding to or improving said
premins has been assumed by the Lessor, ind that no oral arrangements have been entered into in
consideration of making this lease, end that this lease contains the full statement of both parties
hereto.
TIENTY-SIXTHe As security for the faithful performance by the Lessee of all of the covenants and
egrasaxtnto contained in the lease, Lessee has this day deposited with Lessor the sus of S4.000.00
receipt of which is hereby ocknowledged by the Lessor. In the event of a sale of the building or
lease of the land on which it stands, subject to this lease, the Lessor shell have the right to
transfer the security deposit to the vendee or Losses and the Lessor shall be considered released by
the Loom from all liability for the return of said security deposit and the Losses shell look to
the now Leeeor solely for the return of the said security deposit, and it is agreed that this shell
apply to every transfer or assignment made for the security deposit to a new Lessor. The security
deposit deposited under this lease shell not be mortgaged, assigned or encumbered by the Losses
without the written consent of the Lessor and any attempt to do so shell be void. In the event of
rightful and permitted assignment of this lossa agreement, the said security deposit shall be deamed
to be held by Lassos as a deposit made by the assignee and Lessor shell have no further liability
with respect to the return of said security deposit to the assignor. The said security deposit will
not be kept separate, or earmarked, or set aside by Lessor, and no interest will be paid on any part
of said fund, or will the said fund ever be considered to be, or applied, as rent. Upon the expire-
tion of the term of the lease or any extension thereof and provided the Losses has returned to the
Lessor the subject premises in the same condition as received, lose reasonable wear and tear, the
Lessor shall pay over said security deposit to the Lessee.
TKNTY-SEVENTH: If the entire leased premises shall be taken under the exercise of the power of emi-
nent domain by any competent governmental authority, this lease shall terminate as of the date of
such takings and in that went, the rentals due hereunder shall be apportioned between the parties
hereto as of the date of such taking, and any balance of the prepaid rentals not theretofore applied
towards the psysent of secured installments of rent, in accordance with the provisions hereof, shall
be immediately repaid to the leasse, together with interest thereon at the rate of four per cent per
onnam. If lose then the antirs lonaed premises shall be taken under the exercise of the power of
sminant domain, this lease shall not torainete but shell continue in full force and effect as to the
remaining portion of the leased premised and in such went the losses shall make such repairs and
restorations as My, be necessary to fully restore the remaining portion of the promises to a can-
dition as good ie that prior to the takings there shall be im abatement in the rentals due hereunder
dull" the time such repairs or restoration are being model the rents thereafter due shall -alb be
reduced an account of such taking, and the lease shall not otherwise be affected thereby. If either
the entire lagged promises a only a part thereof are so taken, the leases shall receive the amount
pwrded for necessary repair or reconstruction of the building, (which shall be impounded to limit and woure its use by the leases for that ,.
purpose, end the amount awarded as damages to the valwi � �
LAW OFFICES • BLAP ! .1MML-ff • A PRORSSIONAL ASSOCIATIUN • :.;a WW)T FLA(;LER SIREET • WAN.
FLORI0431,4s
>.".5,�3+"�bfr
of the.lessehold, maseured by the reduction in the value thereof caused by such taking and taking
Into consideration the lasses'• continuing obigation to pay the full amount of the rentals herein
op*cifiedl and the lessor shall receive the entire balance of the award, including all amounts paid
for the taking of the land, -and-on
account of damages to the residue of the property, but interest at the rate of four per cent annum
on the amounts so paid to the lessor shall be credited on the rentals thereafter payable by the
lose**, so long as the lease shall remain in effect, any amount by which such interest shall exceed
the rentals falling due to be paid to the lasses, and the lasses shall have a lien upon the legged
promise• for payment to it of any such excess. It is agreed, however, that if loss then the entire
loosed premises shall be taken under the exercise of the power of eminent.domain but the parts taken
shall amount to 251 of the frontage at 253 of the depth of the leased premises, the losses shall
have the option to terminate this Image 'as of the date of such taking, with the some effect as pro-
vided in the first sentence of this section in the case of a termination resulting from the taking
of the entire premises.
TVENTY-EICHTHt Any construction work done by the Losses shall in no way permit or provide for a lien to
encumber the lessors' interest in the property. If the Losses shall suffer any lien to be placed
upon or against the property of the Lessor on account of any material or labor used in the making of
any decorations, alterations or repairs to the demigod premises, chargeable to the Losses, Losses
shell remove such claim of lien within 15 days of filing of said claim in the public records or post
bond transferring the claim of lien from the property. If neither shell be done by loses*, the
obligations of the lessor under this Lease shall become null and void.
TMENTY NINETH: This lease is made by the Lessor and accepted by the Lessee subject to the following:
A. Any state of facts that on accurate survey or inspection would show.
B. Any presently existing defect of title, assoment, covenant, oncum+brmnce, restriction, mortgage
or dead of trust, agreement, and lion affectintg the leased property.
C. All Zoning regulations affecting the loosed property now or hereafter in force.
0. Restrictive covenants and party wall agreements of record.
E. Ensoachment of the leased property an any street or on adjacent property.
f. Projection of any portion of the leased property at equipment in or under any abbutting street
and the right of any governmental authority to require the removal thereof.
C. All ordinances, statutes, and regulations, and any presently existing violations thereof,
whether or not of record.
H. The existing condition and state of repair of the leased property.
I. Loans, rights, snd privileges of tenants in possession, more particularly set forth in Schedule
A. attached -hereto and incorporated by reference heroin, and the existence of such leases,
rights, gad privileges shall not be doomed a violation of the Lessor's covenant of quiet
enjoyment at any other covenant in this lease. The leases hereby assumes all liability by
reason of such leases and the rights of such tenants, and subject to the right of the Lessor to
receive the rent, reserved hereunder, the Lessee is hereby entitled from the date hereof to all
rents, additional rent* and other amounts due from such tonans, with the exception that the
Lessor shall retain any security deposits listed in Schedule A. Any security deposits which by
reason of ouch leases with such tenants (heroin areforred to as such "obtenants") are required
to be returned to such subtanants shall be paid to such subtenants by the Lessee, and to Lessee
shall receive a credit against current rent in an amount equal to the security deposits so
returned. In the event that the Lose@* shell be entitled under law to receive any such security
deposits as a result of a default by any such subtenents, then the Losses shall receive a cre-
dit against current rent in an amount equal to such security deposits. The Lease@ shall be
required to collect and to pay over to the Lessor as additional rent any sum or sums due under
tax maletor clauses in existing leases with subtenants and in all future leases made by the
Lessee with subtenants containing tax escalator clause. The Lessee shall be allowed to enforce
all rights, remedies, and privileges of the Lessor under the terms of the losses listed in
Shecdule A, except as heroin otherwise provided, until the expiration of such leases or the
sooner termination of this lease.
THINTIETHt Lessee agrees to accept the promises in their present condition HAS IS" without
calling upon Lessor to asks any expenditures or to perform any work for the preparation of the
dwd*ad premises for its use. Tenant shall at its own cost end expense make the necessary altera-
tLons and installations in the demigod promises required for Losseee business, using a contractor or
` contractors who shall.have been approved 4n writing by Lessor, such approval not to bg unreasonably l
withhold. Lessee will comply at its own exopenas with all present and future governmental require-
awtte arising out of, in connection with, or necessitated by such alterations.
Prior to commencing such alteration Losses shall submit to Lessor or her agent for Lessors written �1
approval such approval will not be unreasonably withhold) the plans and specifications for such 1
alterations. No work Null be commenced thereunder tiout such written approval and all work to be .*'• •, f
done by Lessee shall be performed in strict accordance with said approved plans and specifications .,
without any deviation therefrom, unless first approved in writing by Lessor.
• LAW OFFICES • BIAR . A PROMSIONAL ASSOCLATION • . AIST rI A(': ER :TP"ET • tillA.,,q,/Dfi'�f
THIRTY FUWe Lessee -shall have the option to renew this lease for an addtional period of ten
yearn fr= the expiration. date hereof upon the some terms covenant and provisions herein contained
including provisions• for adjustment of rent and payment of taxes, assessments, otc.i provided
however, that the Is"" shall serve upon the lessor the Lessee's written request for such renewal
180 days prior to the expiration date of this lease, and provided further that there shall not be
at the time of such request, or at the expiration date of this lose, any breach or nonobservance of
any of the covenants of this lease on the part of the Lessee to be observed and/or performed.
THIRTY SEMI: If Lessor Shall receive from any third party an acceptable bons fide offer to
purchase the leaned promises, she shall submit a written copy of such offer to Lessee giving Losses
30 days within which to elect to Beet such offer. If Losses elects t0 sent such offer, he shall
give Lomr written notice -thereof and closing shall be hold within 90 days thereafter.
IN MITNW W EW, the parties hereto have hereunto executed this instrument for purpose herein
expressed, the day and year above written.
Signed, sealed and delivered in
the presence ofe
UNITED INVESTORS LIMITED PARTNERSHIP
CAVETANO A. MIDOLO
GENERAL PARTNER
MARIANA RAFFOUL (LESSOR)
S 10110*1 I Q�
LAW OFMU • BLAIR LIMMETT • A PROFESSIONAL ASSOCIATION • ::'b uALbt KAGLER STREET • MtAMI FLVigLNA: 1l�
'.
ADDENDUM
Lamas hereby covenants and agrees to pay, without setoff, together with any and all sales and use taxes
levied upon the use end occupancy of the leased premises, as set forth above during the term hereof, to the
Lessor, in advance and beginning on the commencement date of this Lomas and on the first day of each and every
Oonth thereafter for the next twelve month period, a base rent of:
Two Thousand Dollars $2,000.00 plus 5% tax in the amount of Ona Hundred Dollars $100.00 for a total monthly
rent of Two Thousand One Hundred Dollars ($2,100.00).
Monthly bap rant will be adjusted in the manner set forth below . If Losses's possession commences on other
than the first day of the month, Lease* shall occupy the leased premises under the torme, conditions and pro-
visions of this Lesse, and the prorate portion of the monthly rent for amid month shall be paid and the term
of this Loom shell commence on the first day of the month following that in which possession is given. A
service charge of three percent (3%) of the delinquent rent or a minimum charge of Fitt*on ($15.00) dollars,
whichever shell be the greater, may be assessed an the payment of rent received after the due date thereof. A
Service Marge of Ten ($10.00) dollars will be assessed for handling of any returned check.
ANMWL RENT ADJUSTH MTs
The monthly bass rent for each twelve month period subsequent to the first complete twelve month period
oeeuring during the term of this Lease or any renewal thereof shall be computed by multiplying the base rent,
as not forth above, by a fraction whose numerator shell be the number reported by the U.S. Department of
Labor, &avw of Labor Statistics as the Rsviasd Urban Wage Earners and Clerical Workers Index for the third
month prior to the respective anniversary date are whose denominator shall be the number suppplied for the
third month prior to the commencement date of this Lase, provided that in no event shall such bass rant be
Ion then the bap rent stated above.
The Lessor shell notify the Lessee of the adjusted monthly base rent, in writing if such adjustment occurs.
The iess*e agrees to pay the adjusted monthly beef rent, together with any applicable tax*e as set forth above
on the first day of each and every month for the following twelve month period.
In the event the Bureau of Labor Statistics changes the form or the basis of calculating the Index, the per -
ties agree that the burden shall be upon the Lessor to select the now Index to be used.
The annual rental for each Yost of this Lease ("Lase Year") after the base year 1985, shell be increased or
decreased, but never less then the base rent, by an amount equal to the amount of tax@$ "Beefed against the
demised presis@$.
Taxes shall Oman the aggregate amount of real estate taxes and assessments (exclusive of penalties, interest
and discount thereon or with respect to a refund thereof) imposed upon the land and Building (including,
without limittlon, (1) real estate taxes upon any "air rights" or payable by the Landlord to a ground lessor
with respect thereto and (ii) any special assesawnts levied after the date of this lease for public benefits
to land and/or Building (excluding an amount equal to the aesesasents payable in whole or in part during or
for a Bases Tan Year), which assessments, if payable in installments, shall be deemed payable in the maximum
number of pormissible installments in the Banner in which such taxes and assessments we imposed as of the
date hereof= provided, that if because of any change in the taxation of real estate, any occupancy, gross
receipts or rental tax) is imposed upon Landlord or the owner of the land and/or Building or the occupancy,
rents or income therefrom, in substitution for, or in addition to, any of the foregoing Taxes. With respect
to any Comparison Year, all expenses, including legal fees, experts and other witnesses' feet, incurred in
contesting the validity or amount of any Taxes or in obtaining a refund of Taxes, owl be considered as part
of the Taxes for such year.
UNITED
BY:
MARIANA RAFlOUL
e .a�N.a67r �
CAYETANO A. MiDOLO, General Partner
LAW OPtM • SLAW! IMMM 0 A PROFWSSIONAL ASSOCIATION • !"�t '.BEST A(I.F.R STRFET
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MARIANA RAFFOUL
TO
UNITED INVESTORS LIMITED PARTNERSHIP
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4
DECLARATION OF RESTRICTIVE COVENANTS Cn
This declaration of Restrictive Covenants by THE TRUST BANK a
Florida Banking corporation, MARIANNA RAFFOUL, JUAN M. BARRERA and
GLORIA BARRERA, his wife, and VICENTE BARRERA and TILA BARRERA,
his wife, ("Property Owners"), in favor of the City of Miami,
Florida, a municipality of the State of Florida;
W I T N E S S E T H:
property thee property
owners ai,hFlorfee-simple
da siThesCittle to certain
of Y Y (" y") consisting
Lots 4 and 5 less the East 101 thereof, Block 3,
FAIRMONT PARR SECOND ADDITION, Plat Book 11 at Page
63 of the Public Records of Dade County, Florida.
owned 1004 by MARIANA RAFFOUL,
Lots
68, 37,
381 39 and 40, inclusive, in
Block 1
of
SERVER A
HASKELL SUBDIVISION, according
to the
Plat
thereof
as recorded in Plat Book 9,
at Page
137,
of the
Public Records of Dade County,
Florida.
owned by JUAN M. BARRERA and GLORIA BARRERA, his wife, 502
undivided interest and VICENTE BARRERA and TILA BARRERA, his
wife, as joint tenants with of right survivorship, 50% undivided
interest and.
Lot 36 and the East lone (1) inch of Lot 35, Block 11
SERVER AND HASKELL SUBDIVISION according to the Plat
thereof recorded in Plat Book 9 at Page 137 of the
Public Records of Dade County, Florida a/k/a 2205 SW
8th Street, Miami, Florida,
owned loot by THE TRUST BANK, a Florida Banking Corporation; and
WHEREAS, the Property Owners are applicants before the City.
of Miami -City Commission for Special Exceptions to permit a drive
in facility for THE TRUST BANK as per plans on file; zoned CR-
3/7 Commercial Residential (General), and in conjuction, to
permit a reduction in the number of reservoir spaces for the
proposed drive-in facility and a surface parking lot at 2220
SW 7th Street; and
WHEREAS, the City of Miami Zoning Board in Resolutions
Z.B. 30-87 and Z.S. 31-87 has attached certain conditions to the
granting of approvals of the above described special exceptions;
NOW THEREFORE, the Pro arty owners covenant and agree that
the Property shall be s93act to the following restrictions
that are intended and shall be deemed to be covenants running
with the land binding upon the property owners of the Property,
and their successors and assigns as follows:
1. A security guard be posted, for the purpose of directing
traffic, during all hours that the drive-in facility is opera-
tional;
2. All three teller windows be fully staffed during "p•ak"
hours, defined as 4-6 P.M. Monday -Thursday and 4-7 P.M. Friday;
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3. .'Should the normal "peak" hours be extended, all
three teller windows will remain fully staffed during the
extended hours.
4. Effective Date. If the City Commission of the City of
Miami approves the owwers' pending applications for and after
said approvals have become final and non -appealable, this
instrument shall constitute a covenant running with the title
to the Property and shall be binding upon the Property Owners,
their successors and assigns. These restrictions shall be for
the benefit of and a limitation upon all present and future
owners of the Property and for the public welfare.
S. Amendment and Modification. This instrument may be
modified, amended or released as to any portion of the Property
by a written instrument executed by the then owner of the fee -
simple title to the land to be affected by such modification
amendment or release providing that same has been approved by
the City of Miami Commission after a public hearing. Should
this instrument be so modified amended or released, the Director
of the Planning Department or his successor, shall execute a
written instrument in recordable form effectuating and
acknowledging such modification, amendment or release.
6. Term of covenant. This voluntary covenant on the part
of the Property Owners shall remain in full force and effect
and shall be binding upon the Property Owners, their successors
and assigns for an initial period of thirty (30) years from the
date this instrument is recorded in the public records and shall
be automatically extended -for successive periods of ten (10)
years thereafter unless modified, amended or released prior to
the expiration: thereof.
7. Inspection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the
privilege at any time during the normal working hours to deter-
mine whether or not the requirements of the Building and Zoning
Department and the conditions of this Declaration are being
complied with. An enforcement action brought by the City shall
be by action at law or in equity against any party or person
violating or attempting to violate any covenants, either
to restrain violations or to recover damages. This enforcement
provision shall be in addition to any other remedies available
under the law. The prevailing party in such action, or suit,
shall be entitled to recover in addition to costs and disbur-
sements allowed by law, such sum as the Court may adjudge to
be reasonable for the services of his attorney.
S. Severability. Invalidation of any of these covenants
by judgment of Court shall not affect any of the other provisions
of this Declaration, which shall remain in full force and effect.
9. Recording. This declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost
of the Owners.
IN WITNES�VEMOF, the undersigned have set their hands and
seals, this day of April, 1987.
OOM
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• ' � ,;,,ram*.--.,.
MARIANA RAFFOUL
was acknowledged before 'me this
P0 �-) MM*# . Is- ":'
was acknowledged before me this
by JUAN M. BARRERA and GWRIA
STATE OF nARIDA)
COUNTY OF.DADE )
BEFORE ME, the undersigned authority, personally appeared
RAMON. C. SANCHEZ, to as known to be the person described in and
who executed the foregoing instrument as Chairman of the
Board of THE TRUST BANK, a Florida Bankinq Corporation, the
corporation named therein, and he acknowledged to and before
as that he executed the same under the seal of the corporation
and as the act and deed of said corporation.
WITNESS my hand nd official seal in the County and State
last aforesaid, this % day of April, 1987.
My commission Expires•
"TAIT rv#Llc Alt OF FICAIDA
NI MISSION CAP. Oct 2S.I9tA
MUD TWO UKKAI IAS. OMD.
WITNESS:
, VP
STATE OF FLORIDA)
COUNTY OF DADE )
The foregoing instrument
day of April, 1987.
My Commission Expires
WTAAr tc SFAII OF ►iw�►�
We an Co. In. u� -
_ WITNESS:
- w
STATE OF FLORIDA)
COUNTY OF DADE )
e foregoing instrument
- day of April, 1987,
My Commission Expires:
WITNESS:
STATE OF FLORIDA)
COUNTY OF DADE )
BEFORE HE the undersigned authority, personally appeared
RAMON C. SANCHEZ, to me known to be the person described in and
who executed the foregoing instrument as Chairman of the
Board of THE TRUST BANK, a Florida Banking Corporation, the
corporation named therein, and he acknowledged to and before
me that he executed the same under the seal of the corporation
and as the act and deed of said corporation.
WITNESS my hand ,pnd official seal in the County and State
last aforesaid, this ,_,SC day of April, 1987.
My commission.Expires.
NOTARY ►UILIC STATE W 6140A
OY COIMI3 101 EIP. OCT 2391SU AR Mc
10l 0 T09 UWAL IN. UMO.
MARIANA RAFFFOUL
STATE OF FLORIDA) `` ��M.
i:gym►►►►,►�
COUNTY OF DADS ) `s�'• ' ' ' • F'Q�'%
,The foregoing instrument was acknowledgeal before: me tiis
9 '��day of April, 1987, toy 4q0n;,jNrr 12�1FFoJ/ �� • �.:•+0r� •�
My Commission- Expires:
leg
NOTARY PUBLIC `''��e►,i►i. 1` ���`*
WITNESS:
JUAN M. BARRERA
STATE OF FLORIDA)
COUNTY OF DADS
The foregoing instrument was acknowledged before as this
day of April, 1987, by JUAN M. BARRERA and GLORIA
My Commission Expires:
WITNESS:
STATE OF FLORIDA)
COUNTY OF DADE )
NOTARY PUBLIC
ICENTE BARRERA
TILA BARRERA
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771
16, a
L'hs t_or+sgainq instrument was acknowledged before me this
day 'of April, 1987. by VICENTE SARRERA and TIM tARREM.
My Commission Expires: r A 42 d CIO,
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Mr. -Arsenio Milian offered the following Resolution and
moved its adoption.
RESOLUTION ZB 30-87
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 2305 OF ORDINANCE 95009 AS AMENDED
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
THE ZONING BOARD GRANTED THE SPECIAL
EXCEPTION WITH APPROVAL BY THE CITY
COMMISSION AS LISTED IN ORDINANCE 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE
4 OF 69 CR-3 COMMMERCIAL RESIDENTIAL
(GENERAL), AND CR-1 COMMERCIAL RESIDENTIAL,
(NEIGHBORHOOD), PRINCIPAL USES AND
STRUCTURES, TO PERMIT A DRIVE-IN FACILITY FOR
THE TRUST BANK LOCATED AT APPROXIMATELY 700-
798 SW 22 AVENUE AND APPROXIMATELY 2201-2221
SW 8 STREET ALSO DESCRIBED AS LOTS 6, AND 36-
409 BLOCK 1, SEAVER AND HASKELL SUB. (9-137)
AND LOTS 1-5 INCLUSIVE, BLOCK 39 FAIRMONT
PARK SECOND ADD (11-63) P.R.D.C., AS PER
PLANS ON FILE SUBJECT TO A REVIEW BY ZONING
AFTER ONE 6 ) YEAR OF OPERATION, AND
ACCEPTING THE DEDICATION AS INDICATED BY THE
DEPARTMENT OF PUBLIC WORKS, AND HAS A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED; ZONED CR-
3/7 COMMERCIAL RESIDENTIAL (GENERAL). THIS
SPECIAL EXCEPTION IS FILED IN CONJUNCTION
WITH SPECIAL EXCEPTIONS FOR REDUCTION IN THE
NUMBER OF RESERVOIR SPACES FOR A DRIVE-IN
FACILITY ON ABOVE SITE, AND A SURFACE PARKING
LOT AT 2220 SW-7 STREET.
Upon being seconded by Mr. Alvaro Romero the motion was
passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Gort, Moran-Ribeaux, :Mayor, Sands,
Milian and Romero
NAYES: Barket
ABSENT: Messr. Luaces
Ms. Fox: Motion carries 8 to I.
March 2. 1987, Item # 3
Zoning Board
Imo" f
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LUCIA A. DOUGHERTY
A McGee q 1 City Attorney
July 7, 1987
Aurelio Durana, Esq.
The Trust Bank
4445 West 16th Avenue, 4th floor
Hialeah, Florida 33012
Re: Declaration of Restrictive Covenants
Dear Mr. Durana:
Per your request, enclosed is a copy of the transcript from the
City Commission meeting of April 30, 1987.
Please call me after you have had a chance to review this so that
we can discuss the terms required in the Covenant.
Sincerely,
G. Miriam Maer
Assistant City Attorney
GMM/rcl/P397
cc: Edith Fuentes, Director
Building and Zoning Department
Gloria Fox, Chief
Hearing Boards Division
Natty Hirai, City Clerk
George V. Campbell
Public Works Department
Guillermo Olmedillo
Planning Department
OFFICE OF THE CITY ATTORNEY/169 E. Flagler Street/Miami, Florida 33131/(305) 579.6700
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