HomeMy WebLinkAboutR-87-0401J-87-316(a)
5/15/87
RESOLUTION NO. 87--401
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD TO GRANT THE SPECIAL EXCEPTION'
AS LISTED IN ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 20, SECTION 2031, SUBSECTION 2031.2
TO PERMIT A REDUCTION IN THE NUMBER OF
RESERVOIR SPACES FROM A REQUIRED MINIMUM OF
10 TO 4 RESERVOIR SPACES ON LANE 1, FROM 10
TO 4 RESERVOIR SPACES ON LANE 2, AND FROM 10
TO 4 RESERVOIR SPACES ON LANE 3 FOR THE
PROPOSED DRIVE-IN FACILITY 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 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 AND WITH A SECURITY
GUARD ON DUTY TWENTY-FOUR HOURS A DAY TO
SECURE THE PREMISES AND TO KEEP STACKING
LANES OUT OF SOUTHWEST 7TH STREET, AND WITH A
TIME LIMITATION OF TWELVE MONTHS TO OBTAIN A
BUILDING PERMIT; ZONED CR-3/7 COMMERCIAL
RESIDENTIAL (GENERAL). THIS SPECIAL
EXCEPTION IS FILED Ins CONJUNCTION WITH
PETITIONS FOR SPECIAL EXCE?TIONS TO PERMIT A
DRIVE-IN FACILITY AND A SURFACE PARKING LOT
AT 2220 SOUTHWEST 7TH STREET.
WHEREAS, the Miami Zoning Board at its meeting of
March 2, 1987, Item 4, following an advertised hearing, adopted
Resolution ZB 31-87 by an eight to one (8-1) vote, to grant the
Special Exception, with approval by the City Commission, as
listed in Ordinance 9500, as amended, the Zoning Ordinance of the
City of Miami, Article 20, Section 2031, Subsection 2031.2 to
permit a reduction in the number of reservoir spaces from a
required minimum of 10 to 4 reservoir spaces on Lane 11 from 10
to 4 reservoir spaces on lane 21, and from 10 to 4 reservoir
spaces on lane 3 for the proposed drive-in facility for The Trust
Bank located at approximately 700-798 Southwest 22nd Avenue and
approximately 2201-2221 Southwest 8th Street, Miami, Florida,
also described as Lots 6, and 36-401 Block 1, SEAVER AND HASKELL
SUB., as recorded in Plat Book 9 at Page 137, and Lots 1-5
inclusive, Block 3, FAIRMONT PARK SECOND ADD., as recorded in
Plat Book 11 at Page 63 of the Public Records of Dade County,
T COMMOWN
Xz9=0 OF
APR so me?
1
Florida, as per plans on file, subject to 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 and with a
security guard on duty twenty-four hours a day to secure the
premises and to keep stacking lanes on The Trust Bank property
and out of Southwest 7th Street, with a covenant reflecting these
voluntary restrictions being prepared and approved by the Law
Department prior to City Commission scheduling, and with a time
limitation of twelve (12) months to obtain a building permit;
zoned CR-3/7 Commercial Residential (General); and
WHEREAS, the City Commission has determined that it wishes
to review all application for the installation of drive-in
facilities; and
WHEREAS, the City Commission after careful consideration of
this matter finds that the proposed reduction in the number of
reservoir spaces, as approved by the Zoning Board, meets the
applicable requirements of Zoning Ordinance 9500, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The decision of the Zoning Board in granting .he
Special Exception as listed in Ordinance 9500, as amended, the
Zoning Ordinance of the City of Miami, Article 20, Section 2031,
Subsection 2031.2 to permit a reduction in the number of
reservoir spaces from a required minimum of 10 to 4 reservoir
spaces on Lane 11 from 10 to 4 reservoir spaces on lane 2, and
from 10 to 4 reservoir spaces on lane 3 for the proposed drive-in
facility for The Trust Bank 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 SUB., as recorded in Plat Book 9 at
Page 137, and Lots 1-5 inclusive, Block 3, FAIRMONT PARK 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
three (3) staff persons attending the three (3) teller windows on
Monday through Friday, from the hours of 4:00 p.m. to closing and
with a security guard on duty twenty-four hours a day to sure the
premises and to keep stacking lanes out of Southwest 7th Street
with a covenant reflecting these voluntary restrictions being
prepared and approved by the Law Department prior to City
Commission scheduling, and with a time limitation of twelve (12)
months to obtain a building permit; zoned CR-3/7 Commercial
Residential (General), is hereby affirmed and the Special
Exception is hereby granted.
PASSED AND ADOPTED this 30th day of April on , 1987.
ATTEST: XAVIER L. ` REZ, Mayor
ATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
k6,, im
G. MIRIAM MAER
Assistant City Attorney
&JWIW.%L[i Li.
City Att
GMM/rcl/M393
TO FORM AND CORRECTNESS:
-3 8'7-40:t
PZw5
ZONING FACT SHEET
LOCATION/LEGAL Approximately 700-798 SW 22 Avenue and
Approximately 2201-2221 SW 8 Street
Lots 69 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 b 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 Durana, 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 9500, as
amended, the Zoning Ordinance of the City of
Mimi, Article 200 Section 2031, Subsection
2031.2 to permit a reduction of the number of
reservoir spaces from a required minimum of 10
to 4 reservoir spaces on Lane 1, from 10 to 4
reservoir spaces on Lane 29 and from 10 to 4
reservoir spaces on Lane 3 for the proposed
drive-in facility for The Trust Bank located on
the above site, as per plans on file. This
Special Exception . is filed .in conjunction with
Special Exceptions to permit a drive-in facility
and a surface parking lot at 2220 SW 7 Street..
r
RECOMMENDATIONS.
PLANNING DEPARTMENT DENIAL. The request for a Special Exception to
relu'ce the required number of reservoir spaces
in Lanes 1, 2, and 3. by waiving eighteen (18)
reservoir spaces would be detrimental to the
surrounding area as additional back up would
occur on SW 7th Street and this would impact
safety of motorists and would create a situation
of traffic congestion as well as disruption of
living conditions in the neighborhood.
PUBLIC WORKS
Denial. The Department is concerned with the
request to reduce the minimum required number of
vehicular reservoir spaces for the drive-in
facility from 30 to 12. Overflow vehicular
stacking would extend into SW 7 Street, which is
a heavily traveled State Arterial Highway.
DADE COUNTY PUBLIC
WORKS
Recommend against special exception of reservoir
spaces. Additional reservoir spaces are needed
to prevent stacking on SW 7 Street.
ZONING BOARD
At its meeting of March 2 , 1987 the Zoning Board
adopted Resolution ZB 31-87 by an 8 to 1 vote, granting
the above with a time limitation of (12) twelve
months in which a building permit must be obtained
and subject to City Commission review; subject to
(3) three staff for the 3 windows Monday -Friday;
for the hours of 4 to closing and with an employee
present during this time to keep stacking lanes
out of street, subject to covenant reflecting these
voluntary restrictions being prepared and approved
the Law Department prior to City Commission
.by
scheduling.
Six replies in favor received by mail.
a
i
T (1 1 10 �9 btWST.
Vk 4
1. 1. 00 416
S i 3 • 2 1 1• 1 T li Ib 13 IZ 1y 101 •
0
4
1
d 9 10 11 12 M 19 20 22 23 : tb 26 21
col
-_- --- --- — — • 1. C A T
� w '
1 = .1 .. •. 41 iO 10 r i.
19 21 2 23 t 2 3 Q: Z
4 �
!i 4 2 1 6 , • to IT
1
•f AMMA L
b i 3 1 1• tT • Ib M r3 I2 11 10 . W
6 It 5 -Q• a 4' ,� 17
i 9 10 I t 12 20 21 22 23 24 25 d 27 2. 29
-- -_000i 1. ST. .
• t• 19 21 23 1 2 3 •C I
3 t0 9 A T S 4 3 1 r = c
5 =
- - `3.
N
T 9 o It iz t3 4 15 110 17 t• Is 20 Ni = H
ST. 3
sro •
3 1 4 2 1 s 232 N2 27 1 2 3} 1 Z
-CIO 9 t7
II 9 b 3 1 6
100
TRACT "A" •_
Zia • • 11 N • •. » M
g _ ST.
-f • Z �' • � Z• � �I � � it = •� !1 till
IBM
S
>ts • St _31 3 4 3 4 Ip 13 14 is �7.
' S T. ...s »
.W. 9 - .. .w �l �, _ 9 _
w an O .0
•
1 n 1 1Z II 9• 7 S •!
Z ' 14 i0 Z' • S 4 i
3 1• 4 5 3
• ' la 1! 2 21 22 132
za 7 • 9 10 11 12 13 •�4 �r
T M t M H to HT•
14
S.W. 10 ST f0 ..
.. « » t s.wi— - - - - -- - -- -
ZB 1/12/87 AS 34, 39
` l w 1 2 1 t 10 9• T• 2 '" w, AP K-7' L-7
s t S •Item # 3-5 L-9, H•9
1 1 730 SW 22 Avenue 85-'+4011 r
CITY OF ►,,tk"
N AWNG
'86 DEC 12 P 4 :39
APPLICATION FOR A CLASS D SPECIAL PERMIT OR_SPECIAL-EXCEPTION
File Number DSE-83-�_
Within the City generally, or within certain Boning districts, certain structures, uses,
and/or occupancies specified in this w edinance 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, conditions, 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 tntended 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 Exception. (See Article ?B.)
Formal public notice and hearing is not mandatory for Class D Special Permits, but is
mandatory for Special Exceptions. in other reaspects, these classes of special permits
are the same.
The Zoning Board shall be solely responsible for daterminations an applications for
Class D Special Permits and Special Exceptions. AU 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 f anther referrals required by these
regulations. -qN M
l eAl d �tANA�, �X4 • _.., hereby apply to the City of
dam ornng or approve of, check one:
Class D Special Permit
..Special Exception
for property located bt 2205,E w. 8Street •
Miami.
Nature of Proposed Use (Be cif ic) To permit the stacking of the cars to be
eeven+Ben Q�fANp� in lieu of the thirty (30) spaces required by
e f�e_r _the three (3) d_ ri vg in windows .
�uN ROL ,
Form 1 "3
KQ•mown
a`
Page I of 3�,, ri
i ti
0
1 attach the following in support or explanation of this applications '
I. Two surveys of the property prepared by a State of Florida Registered Land
Surveyor.
X,.. 2. Four copies of: site plan showing (as required% property boundaries, existing and
proposed structure(s), parking, landscaping, screening, eta building elevations (if
required) with dimensions and can of lot area (gross and net), LUI ratios
(open space, floor area, parking, etc.), building spacing and height envelope.
See Section 2304.W(c).
_X 3. Affidavit disclosing ownership of property covered by application and disclosure of
Interest form (Form 4-83 and attach to oppl(cadon.).
4. Certified list of owners of realestate within 375' radious 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)
... 7. Fee of $�„- . based on following: .
(a) Class D $300.00
(b) Special Exception .00
(c) Surcharge equal to applicable fee from (a) or (b) above. not to $400; to
be refunded if there is no appeal (City Code -Section 62-61). 3�f
Nam r_ ._.*_: L.�Dvd40-�
Address 4445 Nest 16th ' Avenue Est -
City,State, Zip Hialeah, Florida 33012 •
Phone (305) 556-5656
STATE OF FLORIDA) SS:
' COUNTY OF DADE ) j� 0
) fJR�¢�•st- I
fl.. r • 1, A , .N being duly swam,
eposes and says t t is the (UMV) (authorized agent oft 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 f
i
?r
0
SWORN TO AND SUBS BED
before me this 11
day
of �z.7 1913c,0
MY COMMISSION EXPIRES:
WTUT IMKIC STATE OF FLORIDA
M cmnuor to. OCT n.im
swo Toll UKRAL INS. IND.
C?t-41614 ft . �., ,
771A
at.4 " 0
JIM
PAO"(,
hOSARY PS ►UC STATE OF
0 �iRES APR IS11967'FLOICA
M no GUWAv6ULN E uNo ,
Form 10-83
Page 3 of 3
i'l ANMNG 4
A F AV D;A TA T
STATE OF FLa=) 33. '86 DEC 12 P 4 :39
MUM OF DADS I •
Before me, the wundersigr:ed authority, this day personally
appeatbd u R El l 4 Y tJ R A�vA who being by rye first duly sworn,
upon oath, deposes and says:
1. That he is the %mr, or the legalrepresentative of the
ona:er, subadttirg the accoapplication for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Mfand, Florida,
effecting the real pa vperty located in the City of Mad as described and
listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, if astr, have given their
11:11 and cacg"U p n Wision for him to act in their Whalf for the change
or =dification of a classification or regu]rati on of zoning as set W. in
the ac m, p rwing petition.
3. That the pages attached hereto and made a part of this
affidavit captain the current names, =414= add mzbers and
.1egs]. descriptions for the real property which he is the owner or lea.
rep�eaentotive.
4. The facts 'as represented in the appsicatian and documents
sumdtted in capjuncticn with this affidavit are true and correct.
P rther Affiant sayeth not.
�l�R@'�l0 O IJRAivAJ Ei l a, � '
Sworn to and Swbscribed before me
this, day of
y pdb1ic, at Lam
OTARY pUBUC STATE OF FLORMA
N
My Expires: - AV COMMISSION EXPIRES �� �� way
WAIT Mktg STATE a FWtDA
/T CDMMIU UP. OCT 23.IA00 + ,a. .•*-�
. @M TAMII UWAL Ip. M. CONTROL _
N
n,
• OWNER'S LISP
OraigR. Dearr, Esquire, The Tt� Qank (Property.NQ._l and 21
Owner s Name
Mailing Address. AAdn uoet 16 Avenue. Hialeah, Florida 33012
Telephone Number (305) 556-5656
Legal OescriptiO4EE ATTACHED EXHIBIT "A"
Owner's Name Property No. 39 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.3, 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 1 i sted as follows: -
Street Address
THE TRUST 2220 SW 1 Street
BANK)
S" Y
Street Address
NONE
Street Address
• ONE.
Legal Description
Lot 1
Block 4 12 Ab
_ Fairmont Park 2nd Add. (11-63)
Legal Description
Legal Description
STATE Of FLMM)
CITY OF MI'A A
AFFIDAVIT
'86 DEC 12 P 4 :39
SS.
•
Before me, the uncle�authorlty, this day pez maUy .01
uxdru.o �uQA•,.,�' '� I 1
appeared— - , who being by me first duly morn,
Upon catho deposes and says:
1. Mat he is the cwmr, or the legall representative of the
ownere aublldttirlg the accanpolnying application for a paMic hearing as
required by Or3inance No. 9500 of the Code of the City of Mad Florida,
affecting the real property located in the City of Maid as described and
listed on the pages attached to this affidavit and made a put thereof.
2. That all owners which he reju u-- -9- 0 it amy, have given t mir
lull. and complete pencissim for him to act in their behalf for the change
or modification of a classification or regulatioor► of zming as aet out in
the accanpaz:y I petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current namms, =414 addresses, ptlotae rnmlbers and
.:
legal. deseriptioas for the real property which he is the ownw or legal
rep�eseatative.
4. Zhe facts *as represented in the application and documents
auxndtted in etas junction with this affidavit are true and correct.
Pm Cher Affiant. sayeth not.
swam to and Subscribed before sae
' '
this � day of ��_=�••'s19 � • . -
At1W7 A gg -1 c, state oaf Florida at Tarr=
R
/OTARY MQ.SC STATE GP FLORIN
IT COMISSIM PIP. OCT H'Im
asKO TINY GERERRL its. 1,00.
'7b 4"�- -_';
I -
NOTARY PUSUC STATE OF FLQRIDA`.-
MY COMM I SS ON : V RES APR S 1931. :
• 1oe�A TIi6�+ �+� u+su�r� wrR:
�ul �.
No
. 1
-r
OWNER'S,-,LIST2/2 '
Owner's Name InOPERTY NO. 4, Mariana Raffoul�". i
Mailing Address- 22gs S_a. 10 Street. Miami. Florida 33135 }
Telephone Number
j Legal Description: SEE ATTACHED EXHIBIT "A"
i
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
_
(by corporation, partnership or
privately) within
375' of the subject
site is listed as follows:
Street Address
Legal
Description
NONE
Street Address
Legal
Description
Street Address
Legal
Description
•
I L1W !.A
.., 1 CSC
.. —, .. .. � • s LAM r-`
UI T car I" ;h}
I ANNING ,i ? Oh ,*; ; _
OIN
DISCILGStM F AtI&I .39
1. Legal description and street address of -Subject real psnperty:
Lots 6, 319 389 39 b 40, Block l-of Seaver and NaskelT Subdivision; PB 9,
Pg. 137, and Lots•19 29 39 4 b 5. Block 39 and Lot 1, Block 4 of Fairmont
Park*Second Addition, PB 11, Pg. 63, DC.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.
Notes City of Miami Ordinance No. 9419 requires disclosure of all parties
iav ng 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 "D" 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 property (a)
owned by any party listed in answer to question #2, and (b) located within
37r5 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).
V /? C c 10 Y G A-eMA, Lvl4 .
STATE.OF F[DPMA ) SS:
COO= OF DADE )
AAA^to � a-4.fA-.4
• being duly sworn, deposes and
says that no Is the vner ttorney or owner) of the real property
described in answer to question #1, above; that he has read the foregoing,�a. 1
answers and that the same are true and emplete; and (if acting as attorney F_`_�
for owner) that he has authority to execute this i Ownership,
form an behalf of • the owner. 3 11'f 7
LJA&*Me47 0 D OA 00%e4
bwW 10 AND
before me this IS'� '1'41AaY."Sul STAB ApR is 19
day Of _��8�. ICY �Mrr,ISS1oN � UNI),
`i 6T.`E'+� Tk�
Notary FablLcr State O
Florida t Large
W CMKISSI24 iDIMS:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXPIRES /.PR 13 1987
WNW TM GENERAL. ygsuL a UND
COL
(over) "
Now
—:,
�r
Ory OF 1�1, t ►.:
Y 0-1 AHNING & V*!`
� CHT&h2 ��P 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% byy 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 50% 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, FAIRM014T 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, Iiiami, Florida 33135)
copo'pol
ICJ.
4br-
.
The Trust Bank
CITY Of
lit ANIANO 4 Z4 , .
UST OF OFFICERS
Ramon C. Sanchez
Roy Floret
Chairman of the Board
Vice President/Comm. Looans
Dr. M. A. Schofman
Felix Reimundo
Vice Chairman of the Board
Vice President/Branch Mgr.
East Hialeah Branch
Cayetano Anibal Midolo
Raul Abel
International Director
Internal Auditor
Juan J. Martinez
Roy Hiileman
President & CM
Vice President/Credit Dept.
Jorge N.'Carvallo
Jim Pacheco
Senior Executive Vice President
Asst. Vice President
Commercial & Installment Loans
Corp. Systems
Luis F. Gonzalez
Carlos Sanchez
Senior Vice President/Cashier
Senior Vice President
Operations
Real Estate Division
Craig R. Dearr
Fernando Gonzalez
In -pause hawAr
Vice President
Internal Control
John Koch
Jose Arias
Data Processing Officer
Vice President/Installment
Loans
Henry Robau
Philip{� iarmier
Comptroller
Corpora r.:'ys tems Officer
Hector del Castillo
Y-.,rann(_ Landrian
Vice President/Int•(:-rnstional D_pi:.
Assi. tan* Cashier/Operation:;
Of f icer
}
Manuel Ferro
Margarita Beguiristain -
Asst. Vice President:/Prarx-h '^,,r .
Assistant Cashier/Operations
West Hialeah
Officer
s.
••Evangelina Diaz
Jose L. Failde
Assistant Ca:;hier/(:�jr*{;jr•i1,: °:: i, ,.my
Assiztar,: cushier/Personnel.
Jose Wu
Miriam dot Cespedes
.Azzdstant t'�::r�iwr /w t;1,►��'!."!T�.;
Vices IrF.,ident/R�si�h�nti�l
ii
r
Janice Landry
Assistant Cashier/Cartnercial Loans
Alina Arnoldson
Vice President/Branch Manager
Maria Cabezas
Assistant Cashier/Motlyaye Leans
Kenneth Nahman
Senior Vice President & CF0
Norma Cruz
Assistant Vice President
Assistant Branch Manager
Eduardo Granda
Loan Compliance Officer
Arturo Garcia -Lavin
Vice President - Construction/
Camiercial Lending
Maria Came jo
Assistant Cashier/Carnercial
Loans
Regla Munoz
Assistant Cashier/Platform
Officer
Clelia Yarza
Assistant Cashier/Mortgage
Loans
Rozalyn Landisberg
In-house Lawyer
rt
The Trust Bank
CITE' 0=
M ANt�
,
'86 CFV 12 P 4 :40
EXBIBIT ":C"
SHAREHOLDERS OF THE TRUST BANK
WITH MORE THAN 52 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
l,r i ► � ��.V��L
1 • �r a
4445 W 161h Avenue. Hialeah. Florida 33012 : ON!
I
CITY IF VI t1;
K ANNIMCI'
CI'
EXHIBI-PI)MR1n- . P
BOARD OF DIRECTORS 'd6 TWftS-P,#AX
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
Merin S. Schwartz
8215 Los Pinos Circle
Coral Gables, FL 33143
James H. McMullin
4040 Fairfax Drive
Suite #100
Arlington, Virginia 22203
Juan J. Abislaiman
P. 0. Box #1510
San Juan, Puerto Rico 00903
Jorge de Cardenas, MD
11880 SW 40th Street
Suite #315'
Miami, FL 33175
Jorge Suarez-Mendendez, MD
1300 Coral Way
Suite #201
Miami, FL 33145
Ismael A. do Cardenas, MD
P. 0. Box #43007
�- r
S. Miami, FL 3314.1
,
i
ray OF M► X
lit ANNING-
pMiN,:S ; ..
.ot I &MAO-CR 1 PT ION
Lots .6.36.3T.38.39 and Dv40 Block 1 of SEAVER AND HASKELL SUBDIVISION as
recorded in Plat Book 9 Page 113? of the Public Records of DADE COUNTY FLA.
MQ
Lots 1.2.3.4 and 5 of Block 3 and Lot 1 of Block 4 of FAIRMONT PARK.SECOND
ADDITION as recorded in Plat Book 11 Page 63 of the Public Records of DADE
COUNTY FLA._ Also known as Lots 1.2.3.4.5 an4 T Block 1 of SEAVER AND
HASKELL SUBDIVISION as recorded in Plot Boo!i 9-Page 137 of Public Records
of DADE COUNTY FLORIDA.
V�AOL
Peopeiny
No"mov �No 2 at
paoffzly Jv a,
NQ 5
S.W.
QTy
4P
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 as;
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.
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 referencid 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.
s,
MiRRIANA RAFFOUL
STATE OF FL0RIDA
COUNTY OF DADE )
SWORN TO AND SUBSCRIBED
1987.
My Comission Expires:
before me this Clay of April,
.`�`` M' PF�'��
STATE OF " •
NOTARY Q.i01�0�1 •'
�QN EXP' pE ���0
M
POWER OF ATTORNEY
MfOW ALL MEN BY THESE PRESENTS, that WE, VICENTE BARRERA and
TILA BARRERA, residing at
and owner of the property described as;
Lots 61 37, 38, 39 and 400 inclusive, in Block 1, of
SEAVER i HASKELL 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, 4443 West 16th Avenue, Hialeah, FL
to be my attorney for purposes of appearing before the City of
Miami City Consission 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 p*rtainina to the above described property,
and state that the facts as esented in d declaration are
true and correct.
STATE OF FLORIDA
COUNTY OF DADE )
SWORN TO AND SUBSCRIBED before me this _day of April,
1987.
My Cosmission Expires:
NOTpr/PUBLIC
MY '
POWER OF ATTORNEY
ZKOW ALL MEN BY THESE PRESENTS, that WE, JUAN M. BAPIUM and
GLORIA BARRERA, residing at
and owner of the property described an;
Lots 6, 37, 38, 39 and 40, inclusive, in Block 10 of
SEAVER 8 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 Covenant pertaining to the above described property,
and state that the facts as rep anted in said declaration are
true and correct. -- ---N
STATE OF FLORIDA
COUNTY OF DADE )
SWORN TO AND SUBSCRIBED before me this ` y of April,
1987.
My Commission Expires: t
PUBLIC
wry.
.
CXttIDIT "D"
1t�I�'Cl:i5 '•Lii�l
TII1S AGREE11ENT, entered into this 27th day of July , to 79
between BARRERA
M. BARRERA and CLORIA BARRERA. his wife and VICENTE `
SARRERA and TILA BARRERA, his wife
hereinafter called the lessor.
party of the first part, and ORBI 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:
WITNESSNTH, That the said lessor does this day lease unto said lessee, and said lessee !
does hereby hire and take as tenant under said lessorrL09Z df}3"pZiU property
legally described as Lots 6, 37. 38, 39, 40, in Block 1 SEAVER &
��ppSKELL ggUBD�IyISION as Cora din t r c rdr f Dade Co my
I��aY Plat D00 9, at gage 3/, AIL/A 1��5 .�1. �t�i Street, :�iMi.Fit;
c
situate in Miami Florida, to be used and occupied by the lessee .-w 33135
and for no other purposes or uses whatsoever, for
the term of THREE (3) years , XOIMC^.INMOHOM4 CvLrr'.ii.'6�rTstaacat
cjbAMM f} IM M beginning the 1st day of August
19. 79 , and ending the 31s t day of July , 1982 ,
at and for the agreed total rental of FIFTY-FOUR THOUSAND AND N07100----------
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 te=
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 commence until September 1. 1979, so as to allow time to make th
necessary alteration znd 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 S.r7. 13 Street in the City of
Miami .33 l (/j' 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:
may or or
FIRST: The louse ab=,eot assil;n this lease. tc sub•lct the premises. or any part thereof :cat use the same.
or any part thereof, or permit the same, or any part thereof, to he used for any, other purpose than as above stipu•
Iated. • 2r make any alterations therein, and all additions thereto, without the written consent of the lessor. and
all additions. fixtures or improvements which mar be male by lessee. except movable office furniture. shall bt.
come the property of the lessor and remain upon the premises as a part thereof. And be surrendered with the prom•
has at the termination of this lease.
SECOND: All petsonal property placed or moved in the premises above described shall be at the risk of
the lessee or owner thereof, and lassor shall not be liable for any damage to said peraonni property. or to the
lessee arising Prom the bursting or Ieakina of water pipm or from any act of negligence of any co -tenant or
occupants of the building or of any other person whomsoever.
TITIRD: That the:tenant'
promptly execlito and comply with all statutes. ordinances. rules.
orders, regulations and requirements of the 1''edersl. Stita and City Government and of any and all their Depart.
menta and Uureaus applicable to said premises. for the correction. prevention. and abatement of nuisances sir
ether grievances, in. upon, or connected with said premises during said term; and shall sls.► promptly compile
with and execute all rules. orders and renulaliona of the Southeastern Underwriters Association far the prevrn.
tion of fires. at. .—.—own cost and expense.
FOURTII: In the event the premises shall lie destroyed or so domaged or injured by fire or other ensualty,
.. during the life of this agreement, whereby the name shall be rendered untenantable. than the lessor shall have the
rllcht to render said premises tenantable by repairs within ninety days therefrom. It said premises ore not rendrrehl
tenantable within said time. it shall lie optional with either party hereto to cancel this lame. 81141 rift the *rant of
such cancellation the rent shall be paid only to the date of such tiro or easually. The cancellatirn herein mentioned
shall be evidenced in writing.
FIFTII: The prompt payment of the rent for said premises ppnn ilia dates named. and ilia faithful ul,serv.
:nee of the rules and regulations printed upon this las:w; anti which are hi•reliv made a part of this covenant. oad
of such ether anal further 'rules or regulations as may be hereafter nettle Icy the lessor. are the conditions upon
which the lease is made anti accepted and any failure an the part of the lessee to comply with the tens% of sail
lease, er any of said rules anti Tegulations now in existence. or whirh may lee hereafter prr.rnhed by the drwwre
shall at the option of the lessor. work a forfeiture of this contract, and all of the n:hts of the Ifcssre hereunder.
and theen
thereupon the lessor. hit agents or attorneys. -Shall Il.tva the right to enter said prvmi+es. and remove All "j.
i
sons therefrom forcibly or otherwise. anti the lessee thereby expressly waives any and all notice reni:ired for Iaw
to terminate tenancy, and also waives any And all legal prneealinus to recover pnnsessnun of said premuoe.. Lori as• t
prossly agrees that in the event at a vinlation of any of the trans of this leasu. or of said rules and reeulatuonle
new in existence. or which may hereafter he made, said Ieasor. his agent fur attorneys. may immrui�Atedy reenter
said promises and dispossess lessee without legal notice or the institution of any let:ai prnceedinga wnatseever.
SI[Tttt It the losses shall abandon or vacate said -premises before they curl of the term of this lease. or i
shall suffer the rent to be in arrears. the lessor may, at his. nldi.un. forthwith eaneel this lease nr he may enter
said premises as the agent of the losses. by force or atherwire, without hein:; liable in any way therefor. and relet
the premises with or without any furniture that may due therein. as the agent of the lessee. at such price And upon
such terms and for such duration of time as the lessor may oletermine. and receive the rent therefor. appiyune the
same to the payment of the rent due by these present% anti if the full rental herein provided shall not be realized
by lessor over and above the expenses to lower in such re•lottinc. the said lesvice shall pay any deficiency, and it
more than the full rental is realized 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 sonic is past due.
EIGIITIt: The lessee agrees that he will pay all charges for rent. gas, electricity or other illumination*
and for all water used on said premises. and should said chances 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 consider the said lease* 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 eelleet:
ed by distress or otherwise.
NINTIT: The said lessee hereby pledges and assigns to the lessor all the furniture. fixtures. goods and
chattels of said lessee, which shall or may be brought or sat on said promises as security for the payment of the
rent herein reserved• and the lessee agrees that the said lion may be enforced by distress foreclosure or otherwise
at the election of the said lessor, and does hereby agree to pay attorney'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 lesser.
�n
y`(xr} �►�` ddll}Li : ui 6adi -stiL` 19 4 •. a � ,
ELEVENTH: The lessor. or any of his agents. shall have the right to enter said promises 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. flatarm altera-
tions, or additions, which do not conform to this agreemento 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 promises 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 use thereof under this agreament, and to
make good to said logger immediately upon demand. any damage to water apparatus, or electric lights or any fix-
ture, appliances or appurtenances of said promises, 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 lessee.
THIRTEENTH: It Is expressly agreed and understood by and between the parties to this nreement. that
the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant at
other 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 employees, or by reason of the breakage, leakage, or obstmetion of
the water, sewer 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 leaam 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 fklucinry capacity without effecting lessor's rights as eon -
Lined 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.
FIFTEENTH: 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. oe 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 term of this agreement.
SItTEENTn: This contract shall bind the lessor and its assigns or successors. and the heirs. assigns. ad•
ministrators, legal representatives, executors or successors as the ease 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 thia,applies to all terms and conditions contained heroin. '
EIGHTEENTH: It is understood and agreed between tho parties hereto that written notice maiWil or deliv
eyed to the promises leased hareunder stool constitute sufficient notice to the lessee anti written notice mailed or
delivered to the office of the lessor shall constitute sufficient matice to the Lessor. to comply with the terms of
this contract .
NINETEENTH: The rights of the lessor under the foregoing. Anil 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 said riclits.
TWENTIETH: It is further understood and agrceul between the parties hereto that Any charges against
the lessee by the lessor for services or for work done on tho premises by order of the lessee or otherwise accruing
under this contract shall be considered As rent due anti shall be included in any lien for rent due &net unimid.
sae�x:�x:cx�.��;c:rax���x;�t�;;c;�;c.��.;a;���:�t:�l:;c.•��ti�;titia;ia�xnxa����;:a�;;.r�:c�a;va,•�
VI N11OM 001.1)IXXIM101NX-X1.00 MC(MMMtlliNA9KNIMiUNWOUVt(a1VkY*;1.4?: .Mr.101SY?ifiT .t.
b) Tha •:i:.m of V A00.00 -it the t3a;o -%
cL' The :tun nC M.500.00 !i:tabte January. 17a�'t.
d) The sum of $12.500.00 payrible' January. WUL.
e) Deferred payments . to earn 10% interest pLtr ann,an. ,
payable quarterly.
II. Lessor warrants that:,
- a) All assets sold as per inventory attached hn reto ar
Free and clear of any enc�.mbrances, and Lessor warrants that it ha
ll
good right to sell the same and that it will defend the some again'
• the 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 complihnce of applicable bulk sales provisions
the Uniform -Commercial Code so as not to delay the date of closing
In lieu thereof, Lessor covenants and agrees -that any and all cla:i
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. L97T—.
TWENTY. SEVENTH: It is hereby, agreed and understood that any
payments duo un er t e 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.
E
... ..... . . . .. .
.....�/1. .nu .:ti r•.....:..4.
uhaLL havo u tit i.:unt-•tll ::uv:t :;n;; nn:t : dvl:'••.:::i:t.: ::t -
connectLen .:LL11 Lhe pr/:mines Luaund Itt::t•'1R�it:r :13 :;:.•:•� „� ,;•;,••r•;r��} !:�
titer cor:os j,undLn!,. u Ltd• tic vuunt:7
rJENTY SECOND: Provided this Lease L:: Ln •;ood utand:nc and 1
Lesseeis not n ufault hereunder. Lessor hereby grunts to Lessee
the right, ' rivilege and option of extending this T.unae for n tern.
of Seven (7� years from the data of the expiration hereof. p:ovidc
that Lessee shall give to.Lessor written notice of Lessee's
intention to exercise the option not less than three (3) months pt
to the expiration of the initial term. All of the toms. covenant:
and conditions of this Lease uhall apply during any .and all extenc'.
terms, except that in addition to the minimum base rent 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
&•very year so that it will be such a sum of monies as it is equiva
to the purchasing power of the dollar on October 1st, 1979 as show
by the Consumer Price Index prepared by the Bureau of Labor Statis
of the U.S. Department of Labor. The annual rent provided 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 yea
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 incr
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 term of this Lease and its options. Lessee or assigns o
Lessee shall have the option to purchase the demised premises. In
event that Lessor shall decide to sell the demised premises, Lesso
shall first offer the demised premises to the Lessee for the price
• on the terms of the intended sale ?.:.,.hereby granting the.Lessee the
right of first refusal.
T14ENTY FOURTH: At any time during the term of this Lease, •tl
Lessee s a ave t e right to make any alterations to the buildin,
whatsoever. including but not limited to, repair. alte=,•changga or
build, and any other changes which at the sole discretion of I.esse
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 immediate cancellation of this Lease and all
of its options. ,Lessor will notify Lessee of any liens that Lessor
actual knowledge.
TWENTY FIFT11: It is further agreed and understood that as p
of the cons•" cration of this Lease. the Lessee shall buy and Lasso
shall sell all of the property, personal or other:,►ise, as per inve
tory attached hereto and made a part hereof. Said property is atta
and located•�t the demised premises.
• I. Lessee shall ray Lessor the total purchase price of
..'05,000.001 payable as follows:
• a) The sum of $3,000.00 to be deposited En Escrow with
BILL EISHOR, INC. , MUMS, upon the execution of this Abrccment
Lessee; as part payment of the purchase price.
457
I
IN WUNESS VMREOF, the parties hereto l
purpose herein expressed, the day and year above tvt
Iynedf sealed and /elj�ered in the presence of:
..L_
As t Lessor ,
As to Lessee
,avl., ercunto executed this instrument for the
` (Seal -
=._.(s eal'
tell:
(Seal
,Z► C .
(Seat,
iry , . •
Deposit of $3,000.00 received on July 27, 1979.
STATE OF noniDA, L EIS.N& ' INC .
Dade Va.
County •�DY . rp 2.3 ,
Baton ate, a Notary public in and for said State and County, personall earn
J_ OSE AHro�QsA_ )!rsai dnnne ND r;DUART)O_ ANT01�1 _ S c _ rran,,n,� . �•Mt
"I known and known to be the perae 4 named in the toreooinr lease. and t1l ey
acknowledged Malt. they executed the same for the purpose therein expressed.'—
r
• IN WITNESS WHEREOP. I have hereunto set my hand and affixed my official seal the—.�..27tb
day or . Juiy I� 79 ,
Now fhb Stara of fkMirla at lar� ..
MY Cwe�ttrM Gpyes Nu+rMW& ds
I0, t:49 , •�
' ><ty ds+ttaission esptre�eaeae ttwu Marnare „eena�O.Jlputtr ''' '
Notary l•ubiie. `State at morida at farce,
err theANT�Y •
'17tn hatnininst f�rfrtrn t bar: ,• • t-e;=• .. "r Arfire. of •
I�tlrinv CIS S. 1v, t1 cat?t,•itr
�►u.t�ll. FLUItio.t •.lJ, js �
,a
: WIFICATION OF [ UMIESS L SE
►HIS - : -QNr, entered into this 18th day of February 1935, between
aM M. mmM and QARIA. BARRF. A, his wife, and VICT.t M BARfM and TIIA
BARAERA, 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.
W MCAS, Lessors and Orbi Enterprises, Inc. did enter into a business least
on July 27, 1979 covering Lots 6, 37, 38, 39 and 40 in Block 1, SEAVER &
HJ%SKELL SUBDIVISION as recorded in Records Book of Dade County, Plat Book 9,
page 137, a/k/a 2205 S.W. 8th St. fiiami, 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 adriitional 20 years;
NOW, TY.F.R!'.FOi:'f'E, in consideration of Ten 00/100 ($10.00) Dollars and
other good and valuable considerations the lessors hereby extents the original
lease through July 31, 2, 009 . All the texas and conditions of the oric_tinal
• lease shall remsin, particularly the provision dealing with the escalation
provisions contained in paragraphs IMIU 'Y-SMMD 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 WITNESS Wi9'JMF the partees hereto have hereunto executed this
instrument for the purpose herein expressed the day and year above written.
11
STATE OF M- ORIVA )
l - SS
COUNTY OF DAME )
BEFORE !'E, a notary Public in and for said State and Countv,
Personally appeared Juan 14. Barrera and Gloria Barrera, his wife
and Vicente Barrera anri Tila Barrera, his wife,
to me well knows and knmm to be the persons nand in the foregoing lease
and who acknowledged that they executed the same for the. purpose therein
expressed.
IN WITNESS tgcFaoF•, I have hereunto set my hand and affixed my
official seal this 18th day of February. 1985.
-2-
T)oTA11Y n.,tuc STATt Or r. ="= • r, s : •::!
120TAI&V M11C STATE V r !:A L•:': E
I Olt •N1.D1t i'It•
�'
ASSIGNMENT OF BUSINESS LEASES
THIS ASSIGNMENT made and entered into this 07w 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 which 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. Assumption. 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 Leases
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, or loss or
damage to property, including Assignee's property as a result,
directly. or indirectly, of Assignee's use of the leased premises
or as a result of a condition of the leased premises.
I IN WITNESS WHEREOF,. this Agreement has been duly.executed and
delivered by the -parties hereto.
WITNESSES: ASSIGNOR:
2•
000000000/30757:199
06/13/85
GENERAL FEDERAL SAVINGS AND
LOAN ASSOCIATION, a federal
savings and loan association
By:
Dr. Pedro Ramon Lopez,
President'
ASSIGNEE:
UNITED INVESTMENTS LIMITED
PA
pa
By
uenerai rar%ner
By:
Cayetano Midolo,
General Partner
0
3.C
P
THIS AGREEMENT, entered into this day of August 18 8 S
between UNITED INVESTMENTS LIMITED PARTNERSHIP, a Florida
Limited Partnership , 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 Bald lessee
does hereby hire and take as tenant under said lessor 968A Xo%aWW the buildin
and adjacent parking lots commonly referred to as: 700 S. W. 22nd Avenue; and
2210 S. W. 7th Street; and. 2205 S. W. Sth Street, (hereinafter collectively referre
IM to as the "Property")
situate in • City of Miami Florida, to be used and occupied by the lessee as offices
and branch banking facilities and for no other purposes or Uses whatsoever, for
the term of 24 years , sebja:lxamagxxaatilltetilydxftKX118�811Hxdlx
e>=s*wxa*Xhlialsalli! beginning the 1st day of August
19 85 , and ending the 31st day of Julys 2009
at and for the a re 1 Two Million Two Hundred Three Thousand Nine Hundred
�wt�ty Eighbtl an" d 6� � (s •203,928.63)
oi'a , pays a as fo ews:
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 19859 in the amount of $3,928.63; thereafter,
and for the next ninety (90) consecutive months, with the.firat
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-i,,
mencing with the initial payment of said Five Thousand ($5,000.00) Dollar
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(
an 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
illaleah, 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 lean. .
FIRST: The lessee sbt�s�o! assign this lease,ZIEsub4st the premises, or say part thweol� b1 use the same,
or any part thereof, nor penult the same, or am part thereof, to be used for any ether purpose than as above stipn-
fated nor make any alterations therein, and a additions thereto, without the written consent of the lessor. and
all a1ditions, fixtures or improvements which may be made by lessee. except movable office furniture, shall be.
come the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the prem-
lose at the termination of this losse.
SECOND; All personal property placed or moved in the premises above described shall be at the risk of
the lessee or owner thereof. and lessor shall not be liable for any damage to said personal property, or to the
lessee arisin frothe bursting or leaking of water pipes, or from any act of negligence of any -to-tenant or
eccupawte of-m the building or of any ether person whomsoever.
THIRD: That the tenantexecute and comply with all statutes, ordinances. rules,
orders, regolatiens and requirements of the Federal, 8tat 1 and City Government and of any and all their Depart•
menu and Bureaus applicable to sold premtass, for tha correction, prevention, and abatement of notma s or
other grievanen, in. upon, or connected with said premises during said term; and shall she promptly comply
with and exeeate oil rules, orders and regulations of the Southeastern Underwriters Association for the proven.
Lion of fires. a' 4 I M own cost and expense.
I*OURTH: In the event the premises shall be destroyed or so damaged or inJared b tiro oe ether casualty
during the life of this agreement, whereby the same shall be rendered untanantable. then tie lessor shall have the
aci right to render said promises tenantable by repairs within ninety days therefrom. It d premises are not rendered
tenantable within sold •time, it shall be optional with either par hereto to esacel this
lease; and in the event of
such cancellation the rent shall be paid only to the date of such f re or casualty. The tancollation herein mentioned
shot! be evidenced in writing.
Fii)TIf : The rompt payment of the rent for said premises upon the dates named, and the falthfal observ.
ante of the rules apa regulatisns printed upon this lam, and which are hereby made a part of this eovenank and
of snob ether and farther rules or regulations as may be hereafter made by the lessore are the conditions upon
*%A floe lease Is made and accepted and any failure on the part of the leave to comply with the texas at said
lease, er any of mid rules and regulations new in exlstsnee. or which may be hereafter prescribed by the lessor,
" at the option of the lessor. work a forfeiture of this contract, snot all of the rights of the lessees hereunder,
soot thereupon the lessor, his agents or attorneys, shall have the right to enter said premises, and remove all pot-
.. .
V 00
sons therefrom forcibly or otherwise. and the lanes thereby expressly waives any and all notiee required by law
to terminate tinswe , and also waives an and all legal proceedings to recover possession of said premises, and ex•
prenly agrees that in the event of a violation of any of tho terms of this lease, or of said rules and regulations.
now in existence or which may hereafter be made sold lessor, his agent or attorneys. may immediately re-enter
said premises ana dispossess lasses without legal noHes or the institution of any legal proceedings whatsoever.
SiXTH: It the lessee shall abandon or vacate said promises 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 caneal this lease or he may enter
said promises as the aaant of the lanes, by force 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 rant therefor, applying the
same to the payment of the rent due by these presents, and it the full rental herein provided shall not be realised
by lessor over and above the expanses to lessor in such re -letting. the said losses shall pay any deficiency, and it
more than the full rental is realised lessor will pay over to said lessee the excess of demand.
SEVENTH: Lease agrees to par the cost of collection and ten per tent attorney's fee on any part of said
rental that may be collected by suit or by attorney, after the same is past due.
EiGHTH: The lessee agrees that he will pay all charges for rent, now, electricity, or other illumination,
and for all water used on said premises, and should said eharaee for rent. light or water herein provided for at
any time remain due and unpaid for the space of five days after the same ahall have become due, the lessor may
at its option consider the said lessee tenant at sufferance and Immediatelyre•entor upon said premises and the
entire rent for the rental period than next ensuing shall at once be due andpayableanJ may forthwith be collect-
ed by distress or otherwise.
NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures. goods and
chattels of said lasses, which shall or may be brought or rut on said premises as security for the payment of the
rent herein reserved, and the losses agrees that the said lion may be enforced by distress foreclosure or otherwise
at the election of the said lessor, and does hereby agree to pay attorney's fees 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.
)6IIt)6IM
Xffi i" XI1i,JDIIsIId )aa(*K X
a68n EW46`(alie9t 5%1 X
XT.."
It being further understed 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 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 necessmy 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. aigns. fixtures. altera.
Lions, 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
acid term, excepting only reasonable wear and tesr arising from the use thereof under this agreement, and to
make good to mid lessor immediately upon demand, any damage to water apparatus, or electric lights or any fix -
turn, 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 the lasses.
THIRTEENTH: 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
other 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 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 lasses shall become insolvent or it bankruptcy proceedings shall be begun by or
against the lame. before the end of said term the lessor is hereby irrevocably authorised 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.
eial officer during the term of their occupancy in their iWuciary eapaat 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.
FIFTEENTH: Lame *hereby waives and renounces for himself and family any and all homestead and ex.
emption righta 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.
SiXTRENTit: This contract shall bind the lessor end Its assigns or successors, and the heirs, assigns. ad•
ministrators, legal reprssentatives. executors or successor@ as the case may be, of the lessee.
SEVENTEENTH: It 4 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.
EICIITEENTII: It is understood and agreed between the parties hereto that written notice mailed or deliv.
eyed to the premises leased hereunder shall constitute sufficient notice to the lasses 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
this contract.
NINETEENTH: The rights of the lessor 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 said rights.
TWENTIETH: It is further understood and agreed between the parties hereto that any charges against
the lessee by the lessor for services or for work done on the premises by order of the lasses or otherwise accruing
under this contract shall be considered as rent due and shall be included in any lion for rent due and unpaid.
TWENTY-FIRST: It is hereby understood and agreed that any suns or advertising to be used. including
awnings. in connection with • the premises leased hereunder shall be tint submitted to the lessor for approval be.
fore iRetaliation of same.
TWENTY—SECOND:. The lessee shall maintain the premises, inside
and outside, including roof, walls and upkeep of the parking lot,
including yards 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 pays.
sent of real estnte taxes on the property being leased. 87-,
3C2
.'-r uaii: ine lessee shall provide a Fire and Casualty Insu-
oficy for the him eat insurable.value and a' quate Liability Xn-
/providing covefor the lessor, in an a*nt not less than
1000.00. -
i
TWENTY-FIFTH: The lessor grants the lessee the right of first re-
18al 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 $15,150.00 to reimburse the lessor for the moneys so ex-
pended to obtain a twenty-year (20) year extention of the underlying ground lease
from the Darrera family. It
IN WITNESS WIIEREOF, the parties hereto have: hereunto
purpose herein expressed, the day and year above written.
Sianed._se:'aled and delivered in the presence of:
W
.
As to Lessor
As to Lessee
STATE of noRIDA,
County of DADR
lent for the
PARTNERSHIP•
:�:p (Seal
artner
. 'ParEner(Scsl
(Seal
it
(Seal
Delon me, a Notary Public In and for said State and County, personally came RAMON C. SANCHIEZ,
CAYKrANO MIWL09 FILENO J. IZQUIERDO and JUAN MARTINEZ —to me
well known and known to be the person_ named in the foretoing lease, and thev
acknowledged that they executed the some for the purpose therein expressed.
IN WITNXSS WHEREOF, I haw hereunto set my hand and affixed my official seat the
day of OUNUAL , 10.$t
NOTARY PUBLIC STATE Or a n•
Mr COAVAISSION IVIaS MAY 2I 1P17
sly commission expir D fl1RU 61NIR/1t ARlnaMMAS1p.
SIDNEY Z. BRODIE, ESQ.
/hi, hcvrnnarrt pn^J,rrnyJ hr: Brodie 8 Harder, P.A.
7000 S.W. 62nd Ave., Ste. 0570
South Miami., Florida 33143
M
pus i It too
THIS AGREEMENT, entered into this
between MARIANA RAFFOUL
�ia5
day of er ,19
, 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
situate in Florida, to be used and occupied by the lessee as
a bank facility and for no other purposes or uses whatsoever, for
the terra of fifteen (15) years , subject and conditioned on the provisions of
of this lease beginning the use- i s - day of . Haven+t -6,1 Q-Lu..4L
19 (lL, and ending the 31st day of act er 200
at and for the agreed rental
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 Lessor, 2285 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 foDowing express stipulations and conditions are made a part of this lease and are here-
by assented to by the lessee:
YMST: The Isaacs shall not assign this Issas, nor sublet the premises, or any part thereof nor use the same,
or any part thereof, nor permit the same, or an T part
or mthereof, to be used for any other purpose than as above sdpu.
laced, nor any alterations therein, and ail additions thereto, without the written consent of the lessor, and
an addition, fixtuiw or Improvements which mar be made by Isaacs, except movable office furniture, aW bo-
oms the property
t olessorthis and remain upon the promises so a part thereof, and be surrendered with the prem-
SZCOND; An personal property laced or moved in the premises above described shall be at the risk of
the leases or owner thereat, and lessor shall not be liable tar any damage to said personal property, or to the
Isms arWsj from the bursting or leaking of water pipes, or from any act of negligence of any cotenant or
oempsats of the building or of any other person whomsoever.
TWW: That the shan promptly execute and comply with all statutes, ordinances. rules,
ordave re�nlstloaa and aeauiremeata of the Fedesal, State and City Government and of any and all their Depart..
manta and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or
other esvances, In, upon, or connected with said premises during said term; and shall go promptly comply
wkh and sweats all rules, orders sad regulations of the Southeastern Underwriters Association for the proven.
rhos of Ares, a - cost and expense.
FOUM: In the event the premises shall be destroyed or so damaged or injured by fire or other casualty
duringtbo.Hfe of this agnemeat; whereby the same shall be rendered untenantable, then the loner shall have the
righltO scales Bald premises tenantable by npaire within ninety days therefrom. It said'promism are not rendered
6eaaatable witbla said time, it shall be optional with either party hereto to cancel this tease, and to the event of
sae1: eaaesGion the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned
FWTH: The prompt payment of the rent for said premises upon the dates named, and the faithful observ.
ante of the rules and regulations printed upon this !sass, and which are hereby made a part of this covenant, and
of sorb other and further rules or regulations as may be hereafter made by the lessor, are the conditions upon
which the Iwo is made and accepted and any failure on the part of the losses to comply with the terms of acid
lease, or any of said 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 hereunder, !
and thereupon the lessor, his agents or attorneys, shall have the right to enter said premises, and remove all pol
sons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and all notice required by law
to terminate tenancy, and also. waives any and all legal proceedings to recover possession of said premises, and ex-
preuly Mesa 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 re-enter
said premises and dispossess losses without legal nonce or the institution of any legal proceedings whatsoever.
SIXTH: If the louse shall abandon or vacate said premises before the end of the term of this lease. or
shag suffer the rent to be in arrears, the lessor may, at his option, forthwith cancel this lease or he may enter
said promises as the agent of the louse, by force or otherwise, without being liable in any way therefor, and relst
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 realized
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 realized lessor will pay over to said lessee the excess of demand.
SEVENTH: Losses agrees to pay the cost of collection and ten per cent attorney's fee on any part of said
rental that may be collscted by suit or by attorney, after the same is past due.
EIGHTH: The louse agrees that he will pay all charges for rent. Ras, electricity or other illumination,
and for all water 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 consider the said losses tenant at sufferance and immediately re-enter upon said promises and the
Wire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be coliect-
ed by distress or otherwise.
NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and
chattels of said lessee, which shall or may be brought or put on said premises as security for the payment of the
rent herein reserved, and the lesaes 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
collected or found to be due, together with all costs and charges therefore incurred or paid by the lessor.
���itli>Rs�tta�kitsmt>mder�tdx�tsa0ueA re6otfc�et ouumitxwidtpsemiseosiue3t
ICO�WitHltlpcmtil�ldls11i�1halrlglcx�ualg:oitilticllll�lllpi.
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
safelycomfort, or preservation thereof, or of said building, or to exhibit said premises, and to put or keep upon
the do,ors 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 Ukewise udst 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: Louse hereby accepts the promises 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 ss they are at the commencement of
said term, excepting only reuonabie wear and tear arising from the use thereof under this agreement, wad to
make good to said lessor immediately upon demand, way damage to water apparatus, or electric lights or any tGc-
tune, appliances or appurtenances of said premises. or of the building. caused by any act or AsgIect of tosses, os of
any person or persons in the employ os under the Control o! the lessee.
THIRTEENTH: It is expressly 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
on 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: It the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or
against the Isms, before the end of said term the lessor is hereby irrevocably authorized at its option, to forth-
with Cancel this lease, as for a detaulk 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 lassoes 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.
FIFTEENTH: 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.
SIXTEENTH.- This contract shall bind the lessor and Its assigns or successors, and the heirs, assigns, ad-
minlstrators, 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 herein.
EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or deliv-
ered to the premises leased hereunder shall constitute sufficient notice to the louse 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 contract.
NINETEENTH: The rights of the lessor 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 said rights.
TWENTIETH: It is further understood and agreed between the parties hereto that any charges against
the lessee by the lessor for services or for work done on the premises by order of the lessee or otherwise accruing
under this contract shall be considered as rent due and shall be iniluded in any lien for rent due and unpaid.
TWENTY-FIRST: It is hereby understood and agreed that any' signs or advertising to be used; including
awning, in connection with the premises leased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
6.
._W
9
0
TkWY-SEC=e That the Lasses shall keep all and singular said building and premises, including
41.windowe, screen, wningos doors, interior end exterior walls, roof, pipes, plumbing, _el*ctric
wiring, air conditioner, snd 'other fixtues* end interior and exterior spurtanances, in such repair
se the some are at the commencement of the said lease term or may be put in during the continuance
thereof, reasonable wear and tear exceptedl and the Lessee shell promptly replace all gimlet both
interior and exterior, broken during the term of amid lease, keep said premises insured against lose
by fire or windstorm and plate glass insurance on the demised promises, said insurance to contain
the Lessor's now as landlord, and the Lessee shall pay the premiums for such insurance with receipt
for payment thereof to lessor.
TVMY-THIRD* That the Lessee shall be responsible for the addition at his own expense of any addi-
tional facilities required by any governmental authority.
flRNTY-MINTHe The Leven shall at all times indemnify and save harmless the Lessor from all losses,
damagea, liabilities and expenses which may 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, firm or corporation, consequent upon or arising from Lessee's failure to comply with the
aforesaid lawst statutes, ordinances or regulationei that the Lessor shall not be liable to the
Lessee for any damages, losses or injuries to the person or property of the Losses which may be
caused by the acts, neglects, omissions or faults of any person, firm or corporation and that the
Loosee will indemnify and love harmless the Lessor from all damages, liabilities losses, injuries or
damage* which arose about or upon said promises; and shall carry and pay for liability insurance,
covering the above in amounts of not lose than $1,000,000.00 and shell name the Lessor in said
policy and furnish the Lessor with a copy thereof.
TW TY-FIFTH: The Losses acknowledges that the said premises have been received in thoroughly good
order, tenantable condition and repair, of which the execution of this lease shall be conclusive
evidence, and that no representations as to the condition of said premises have been made by the
Lessor or his agents, and. that no obligations as to the repairing, adding to or improving said
proaisse has been assumed by the Lessors and that no oral arrangements have been entered into in
consideration of making this lease, and that this lease contains the full statement of both parties
hereto.
TVEWV 1XTH: As security for the faithful performance by the Lessee of all of the covenants and
agreements contained in the loss*, Lessee has this day deposited with Lessor the sum of 54.000.00
receipt of which is hereby acknowledged by the Lessor. In the event of a sale of the building or
lease of the land an which it stands, subject to this lease, the Lessor shall have the right to
transfer the security deposit to the vandes or Losses and the Lessor shall be considered released by
the Lessee from all liability for the return of amid security deposit and the Lases* shall look to
the nowLessor solely for the return of the said security deposit, and it is agreed that this shall
apply to every transfer or aseignmant made for the security deposit to o new Lessor. The security
deposit deposited under this lease shall not be mortgaged, assigned or encumbered by the Lessee
without the written consent of the Lessor and any attempt to do so shall be void. In the event of
rightful and permitted assignment of this lease agreement, the said security deposit shall be deemed
to be hold by Lessor as a deposit mad* by the assignee and Lessor shall have no further liability
with respect to the return of said security deposit to the aamignor. The amid security deposit will
not be kept amparates or amrmarkeds or set amid* 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 expira-
tion of the term of the lease or any extension thereof and provided the Losses has returned to the
Lessor the subject promises in the same condition as received, less reasonable weer and tear, the
Lessor shall pay over amid security deposit to.the Losses.
TKWY-SEVENTH: If the entire lsseed promises shall be taken under the exercise of the power of wL
nent domain by any competent governmental authority, this lease shall terminate as of the date of
much taking= and in that event, the rental• due hereunder shall be apportioned between the parties
hereto an of the date of such taking, and any balance of the prepaid rentals not theretofore applied
towards the payment of secured installments of rent, in accordance with the provisions hereof, shall
be immediately repaid to the leases, together with interest thereon at the rats of four per cent per
anew. If lose than the entire leaned premitieo shall be taken under the exercise of the power ofo
-`
eminent domain, this lose* shall not terminate but shall continue in full force and effect as to the '
remaining portion of the leased promissal and in such event the losses shall make such repairs and
restorations es may be necessary to fully restore the remaining portion of the'prenlass to i con-
dition as good as that prior to the takings there shall be sus abatement in the rentals due hereunder
during the time such repair* or restoration are being model the rents thereafter due shall-eek be
reduced on account of such taking, and the lease shall not otherwise be affected thereby. If either
the entire land promises or only a part thereof are so token, the lasses shall receive the amount
a.warded for necessary repair or reconstruction of the building, (which shall be impounded to limit ~'
and assure its use b the leaves for that � ; y purpose), and the amount awarded as damages to the vfalu�
LAW OFRCES 0 BLAIH I ZIMMM
3
0 A PROMSSIONAL ASSOCIATIUN 0 ;: re WLST FLAULER STREET 0
-
of the leasehold, measured by tho.'reduction in the value thereof caused by such taking and taking
Into consideration the lessee's continuing cbigation to pay the full amount of the rentals herein
specifledf 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
lessee, 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 lose@*, and the losses shall have a lien upon the leased
promises for payment to it of any such excess. It is agreed, however, that if lose than the entire
leased promises shall be taken under the exercise of the power of eminent domain but the parts taken
shell amount to 25% of the frontage or 25% of the depth of the leased promises, the losses shall
have the option to terminate this lease as of the date of such taking, with the some effect as pro-
vided in the first sentence of this section in the came of a termination resulting from the taking
of the entire presiess.
TWITY-EIQITHt Any construction work done by the Lese@* shall in no way permit or provide for s lion 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 demised premisea, chargeable to the Lessee, Lessee
shall remove such claim of lion 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 shall be done by lessee, the
obligations of the lessor under this Lease shall null and void.
TIIENTY NINETH: This lease is made by the Lessor and .:.,,,opted by the Losses subject to the followings
A. Any state of facts that an accurate survey or inspection would show.
8. Any presently existing defect of title, somement, covenant, encumbrance, restriction, mortgage
or dead of trust, agreement, and lion affeetintg the leased property.
C. All zoning regulations affecting the leased property now or hereafter in force.
D. Restrictive covenants and party wall agreements of record.
E. Enroachment of the leased property on any street or on adjacent property.
r. Projection of any portion of the leased property or equipment in or under any abbutting street
and the right of any governmental authority to require the removal thereof.
C. All ordinances, statute*, and regulations, and any presently existing violations thereof,
whether or not of record.
N. The existing condition and state of repair of the leased property.
I. Lome, rights, and provileges of tenants in possession, more particularly set forth in Schedule
A. attmched•hereto and incorporated by reference herein, and the existence of such losses,
rights, end privileges shall not be deemed a violation of the Lessor's covenant of quiet
enjoyment or any other covenant in this lease. The losses hereby assumes all liability by
resew of such lease@ and the rights of such tenants, and subject to the right of the Lessor to
receive the rent, reserved hereunder, the Losses is hereby entitled from the date hereof to all
rents, additional rants and other amounts due from such tonana, with the exception that the
Lessor shall retain any security deposits listed in Schedule A. Any security deposits which by
resew of wuch leases with such tenants (herein areforred to as such "subtenants") are required
to be returned to such subtenants shall be paid to such subtenants by the Losses, and to Lessee
_ shall receive a credit spinet current rent in an amount equal to the security deposits so
returned. In the @vent that the Lessee shall be entitled under law to receive any such security
deposits ss a result of a default by any such subtenants, then the Loss** shall receive a cre-
dit against current rent in an amount equal to such security deposits. The Lessee shall be
required to collect and to pay over to the Lessor as additional rent any sum or sues due under
tax escalator clause@ in existing losses with subtenants and in all future losses made by the
Lessee with subtanants containing tax escalator clause. The Lose@* shall be allowed to enforce
all rights, remedies, and privileges of the Lessor under the terms of the losses listed in
Schedule A, except as herein otherwise provided, until the expiration of such losses or the
sooner termination of this lease.
THIRTIETHS Lease* agrees to accept the premises in their present condition "AS IS" without
calling upon Lessor to make any expenditures or to perform any work for the preparation of the
demised promises for its use. •Tenant shall at its own cost and expense make the necessary
alters -bone and installations in the destined promises required for Lossees business, using a contrpetor or
f contractors who shall have been approved•ln writing by Lessor, such approval not to be unreasonably
withheld. Lessee will comply at its own exopenes with all present and future governmental require-
ments arising out of, in connection with, or necessitated by such alterations.
• 1 \ Prior to commencing such alteration Lessee shall submit to Lessor or her agent for Lessors written �~
�t1A approval (much approval will not be unreasonably withhold) the plans and specifications for such i
alterations. No work shall be commenced thereunder tiout such written approval and all work to
' { done by Lessee shall be performed in strict accordance with said approved plane and apocification� P°
• without any deviation therefrom, unless first approved in writing by lessor.
LAW OFFICES 0 B&A:R I A PROFESSIONAL ASSOCIATION • :"n WLST F1 Ar:.E.R STP-ET 0 :►tl M1. MO(VA.."JA135
THIRTY FIRST: Losses shell have the option to renew this lease for an addtional period of ten
years fraa, the expiration date heroof upon the. same termA covenant and provisions heroin contained
including provisions for adjustment of rent and payment of taxes, assessment*, etc.i provided
howevir, that the losses shall serve upon the lessor the Losses's written request for such renewal
160 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 lose* on the part of the Leases to be observed and/or performed.
THIRTY SECOND: If Lessor shell receive from any third party an acceptable bons fide offer to
purchase the leased premises, she shall submit a written copy of such offer to Lessee giving Lease*
30 days within which to elect to meet such offer. If Losses elects to most such offer, he shall
give Lessor written notice'thereof and closing shall be held within 90 days thereafter.
IN MITNESS IA El OF, 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 of:
S
UNITED INVESTORS LIMITED PARTNERSHIP
A
BY
CAYETANO A. MIDOLO
GENERAL PARTNER
MARIANA RAFFOUL (LESSOR)
LAW OFFICES 0 BLit I LIMMETT 0 A PROFESSIONAL ASSOCIATION • IJ7b W ST KAGLE•R STREET
ADDENDUM
7AA
Losses hereby covenants and agrees to pay, without setoff, together with any and all sales and use taxes
levied upon the use and occupancy of the leased premises, as set forth above during the term hereof, to the
Lsasor, in advance and beginning on the commencement date of this Lomas and on the first day of each and every
month thereafter for the next twelve month period, a bass rent of:
Two Thousand Dollars $2,000.00 plus Sx tax in the amount of One Hundred Dollars $100.00 for a total monthly
rent of Two Thousand One Hundred Dollars ($2,100.00).
Monthly base rent will be adjusted in the manner set forth below . If Lessee's possession commences on other
then the first day of the month, Lane* shall occupy the loosed premises under the terms, conditions and pro-
visions of this Leass, and the prorate portion of the monthly rent for said month shall be paid and the term
of this Lamp shall commence on the first day of the month following that in which possession is given. A
service charge of three percent (33) of the delinquent rent or a minimum charge of Fifteen ($13.00) dollare,
whichever shall be the greater, my be assessed on the payment of rent received after the due date thereof. A
Service charge of Ten ($10.00) dollars will be assessed for handling of any returned check.
ANNWL RENT ADJUSTMENT:
The monthly base rent for each twelve month period subsequent to the first complete twelve month period
occuring during the term of this Lose* or any renewal thereof shall be computed by multiplying the bass rent,
as set forth above, by a fraction whose numerator shall be the number reported by the U.S. Department of
Labor, Bureau of Labor Statistics as the Revised Urban Wage Earners and Clerical Workers Index for the third
month prior to the respective anniversary date and whose denominator shall be the number suppplied for the
third month prior to the commencement date of this Loses, provided that in no event shall such bass rent be
loss then the bps rent stated above.
The Lessor shall notify the Losses of the adjusted monthly base rent, in writing if such adjustment occurs.
The losses agrees to pay the adjusted monthly bass sent, together with any applicable taxes as sat 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 par-
ties agree that the burden shall be upon the Lessor to select the new Index to be used.
The annual rental for each year of this Loans ("Lease Year") after the base year 1985, shall be increased or
decreased, but never Is" then the base rent, by an amount equal to the amount of taxes assessed against the
devised promises.
Taxes shell ran the aggregate smount 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 limittion, (1) coal estate taxes upon any "air rights" or payable by the Landlord to a ground lessor
with respect thereto and (Li) any special assessments levied after the date of this lease for public benefits
to land and/or Building (excluding an mount equal to the eassasments payable in whole or in part during or
for a Bese Tax Year), which asseaaosnto, if payable in installments, shall be ds*mad payable in the maximum
number of permissible installments in the momor in which such taxes and asseasments are imposed as of the
date hersofM 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 expense, including legal fees, experts and other witnesses' fees, incurred in
contenting the validity or amount of any Taxes or in obtaining a refund of Taxes, shall be considered as part
of the Taxes for such year.
UNITED, MITED HIP
I BY:
1 (� 1 ' ' ► l KWAN C �, SANCHEZ, Gene arner
MARIANA RAFFOUL
0,
CAYETANO A. MIDOLO, General Parts
"
LAW OFFICES • SLAIN I ZIMMF.TT • A PROFESSIONAL ASSOCIATIM.' •
jr
I"" NEST F.AC LEM STREET • MIr41: F�,r1PipQ +."F
^`,ri
RAMCO'r ►ORM =69
c usntroo Froprrtg
oldr
utaoE
MARIANA RAFFOUL
TO
UNITED INVESTORS LIMITED PARTNERSHIP
Expires ..........
�
cc
Q7
co
DECLARATION OF RESTRICTIVE COVENANTS tr
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 1% at Page
63 of the Public Records of Dade County, Florida.
owned 100% by MARIANA RAFFOUL,
Lots 68, 37, 381 39 and 400 inclusive, in Block 1
of SEAVER a HASKELL SUBDIVISION, according to the
Plat thereof as recorded in Plat Book 91 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 of right 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; 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.B. 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 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. 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 "peak"
hours, defined as 4-6 P.M. Monday -Thursday and 4-7 P.M. Friday;
J
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 Onners' 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.
5. 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.
8. 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 wlTxzsA WHEREOF, the undersigned have set their hands and
seals, this day of April, 1987.
WITNESSES:
-2-
87-4 1
STATE OF FLORIDA)
COUNTY OF DADE )
BEFORE .ME,. 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
as that he executed the same under the seal of the co ratio:i
e 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
NOTARY POIL( STATE OF F104 GA
" CONNISSION EX'. OCT 2391988 O AR IC
Mao THOU GENERAL INS. UNO.
WITNESS:
MARIANA RAFFOUL
STATE OF FLORIDA)
COUNTY OF DADE )
The foregoing instrument was
enp day of April, 1987. -Ir
My Commission Expires:
WTARY ngLIC STATE OF W iRLUX
ff -1914
0 IM GEWAL INS 1 up. OCT 3UNO.
WITNESS:
STATE OF FLORIDA)
COUNTY OF DADE )
a foregoing instrument
' day of April, 1987,
BARRERAO
My Commission Expires:
WITNESS:
STATE OF FLORIDA)
COUNTY OF DADE )
acknowledged before 'me this.
. .
was acknowledged before me this
by JUAN M. BARRERA and GLORIA
m3s
I �
1
l ra
STATE OF FLORIDA)
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 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 ��nd official seal in the County and State
last aforesaid, this day of April, 1987.
My Commission.E Tres .
NOTARY PUILICXPAIE Of FIGR10R
l0e)NY 60NRISSION CO. OCT 23,1918 O ARC LIC
SWO TNRO GENERAL 113. ONO.
ifs • /�/C',r�a� i�-� � � :t 'i
MARIANA RAFFOUL
�;tta 111181,
STATE OF FLORIDA) �'01 R1. ''���,
COUNTY OF DADS ) .�`����Z• ' ' f.F��'
,the foregoing instrument was acknowledged,..)*before✓ me atiis
_.g.__day of April, 1987 � b y h(Mn.'�rt 1ZA FFOJ/ o . K,. ; .,r, . C
My Commission- Expires: _ r' j =',,,• Ka,. c;
NOTARY PUBLIC ;ili,•tt�
WITNESS:
JUAN M. BARRERA—
GLORIA BARRERA.
STATE OF FLORIDA)
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
day of April, 1987, by JUAN M. BARRERA and GLORIA
BARRERA.
My Commission Expires:
WITNESS:
NOTARY PUBLIC
VICENTE EMRA
i
TILA BARRERA ,
STATE OF FLORIDA)
j COUNTY OF DADE )
i
f -
i r„
} 87!-40 !
he loregaingg instrument was acknowledged before me this
day 'af Apriit 1987. by VICENTE BMUWAh and TILA BARRERA.
Ny Commission Expires: I •
NO BLI
h-
Oro
i µfpEs A �COO 00 t�"�
giVnN � p11
NCOO�NuKyN
�M
-a-
Mr. Osvaldo Moran-Ribeaux offered the following
Resolution and moved its adoption.
RESOLUTION ZB 31-87
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 2305 OF ORDINANCE 9500, AS AMENDED
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
THE ZONING BOARD GRANTED THE SPECIAL
EXCEPTION WITH APROVAL BY THE CITY COMMISSION
AS LISTED IN ORDINANCE 95009 AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 201, SECTION 20319 SUBSECTION 2031.2
TO PERMIT A REDUCTION IN THE NUMBER OF
RESERVOIR SPACES FROM A REQUIRED MINIMUM OF
10 TO 4 RESERVOIR SPACES ON LANE 1, FROM 10
TO 4 RESERVOIR SPACES ON LANE 29 AND FROM 10
TO 4 RESERVOIR SPACES ON LANE 3 FOR THE
PROPOSED 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 19
BEAVER AND HASKELL SUB. (9-137)9 AND LOTS 1-5
INCLUSIVE, BLOCK 39 FAIRMONT PARK SECOND ADD
(11-63) P.R.D.C., AS PER PLANS ON FILE
SUBJECT TO THREE (3) STAFF FOR THE THREE (3)
WINDOWS ON MONDAY THROUGH FRIDAY, FOR THE
HOURS OF 4:00 PM TO CLOSING AND WITH AN
EMPLOYEE PRESENT DURING THIS TIME TO KEEP
STACKING LANES OUT OF SW 7TH STREET, WITH A
COVENANT REFLECTING THESE VOLUNTARY
RESTRICTIONS BEING PREPARED AND APPROVED BY
THE LAW DEPARTMENT PRIOR TO CITY COMMISSION
SCHEDULING, AND WITH A TIME LIMITATION OF
TWELVE (12) MONTHS TO OBTAIN A BUILDING
PERMIT; ZONED CR-3/7 COMMERCIAL RESIDENTIAL
(GENERAL). THIS SPECIAL EXCEPTION IS FILED
IN CONJUNCTION WITH SPECIAL EXCEPTIONS TO
PERMIT A DRIVE-IN FACILITY, 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: Messr. Barket
ABSENT: Messr. Luaces
Ms. Fox: Motion carries 8 to I.
March 2, 1987, Item # 4
Zoning Board