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Home My WebLink AboutO-10182J"86-695(b) 10,/23/86 ORDINANCE NO. AN ORDINANCE? AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (September 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 3427-3523 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM LOW -MODERATE DENSITY RESIDENTIAL TO COMMERCIAL -RESIDENTIAL,; MAKING FINDINGS; AND, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, on July 2, 1986, the Planning Advisory Board, at an advertised public hearing, Item 10 adopted Resolution No. PAB 22-86, by a vote of. 9-0, RECOMMENDING APPROVAh of an amendment to the Miami Comprehensive Neighborhood Plan and Addenda (.1985), as hereinafter set forth; and WHEREAS, changing conditions in the area surrounding .the subject property, support the herein changes; and WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the hest interest of the Ueneral welfare of the City of Miami and its inhabitants to grant this Comprehensive Plan chance as hereinafter set forth; NOW, THEREFORE., BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA. Section 1. The Miami Comprehensive Neighborhood Plan and Addenda (September 1985) are hereby amended, except as provided in Section 2, by changing the designation of that certain parcel' of property located at approximately 3427-3523 Southwest 22nd Terrace, Miami, Florida, more particularly described as Lots 23 thru 29 inclusive less the South 10 feet, Block 5, MIAMI SUBURBAN - ACRES AMENDED (4-73) of. the Public Records of Dade County, Florida, from Low -Moderate Density Residential to Commercial -Residential. Section 2. The Westerly l foot of Lot 23, the Easterly I foot of Lot 29 and the Southerly 1-foot of Lots 23 thru 29 North of. the South 10 feet right-of-way shall not be redesignated by this ordinance. Thus, said portions of Lots 23 thru 29, inclusive, shall retain their present TOW -MODERATE DENSITY RrSIDENTIAt., -Ies[,Inati.ons until i.FicaI Iv 9(.'sicinaI ol:hwr.wis by suhsequc-ant City Commission action. Section 3. It is herQhv Found tEiat: this Compr«hens ivn Plan designation change: I X r)r:' c�han(Iiriq a. s necessary lue t�:> i�rranc +�d conditions; h. Involves a residential. Land irsc� c)F 5 acres or less and a density of 5 units j)er acre !ar. Less or involves other land use catr g(-)r. ies, singuIar_Iy or in comhination with residential use, of 3acres or Jesse and does n(Dt, in comhinat:inn with other changes c3urinq-the last year, produce a cumulative effect ofhavinq chanoed more than 30 acrr,s. c.The prop r t y which is the suhiect of this amendment has not been the specifir st.ahiect of a comprehensive ol.an chanq,� within the last year. d. The herein amendment clues not involve the same owner's property within 200 Feet of: property Provided a compr.ehensiv- Tan change within the last 12 months. Section 4. Al1. ordinances, code sections, or marts' thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to he, invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 23rd day of_ October , 1986. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE, ONLY this --Zathday of. NQejMber ► 198 AVIER L. SUAREZ- MAYOR AT TK2T CITY CLERK a, PREPARED AND APPROVED BY: L F. MAXPIEIL AS ISTANT CITY A TORNEY APPROVED AS TO PORM AND CORRECTNESS; CIA1 A. IOU HERTY .� CITY ATTORNEY JEM/wpc/ah/M059 I, Matty Hirai, Clerk of the CiLS of Mi ti. Florida. _ .da _ hereby certify' .that on the. �, -- y o- A. l). 19 _4,A full. tru e and correct co of they and foregoing ordinance tivas postt+d at the South Voor of the Mde C ountY Clourt House at the place provided for notic " and publications by attaching said cop>' t ® the plaice provided dterefor. Wi T`� S m>� hand the offic,i;al seal of said A, 191dz Carty Ciork _ 3— lolls f CITY OF MIAMI. FLORIDA - INTER -OFFICE MEMORANDUM PZw4 The Honorable Mayor and Members DATE October 10, 1986 FILE of the City Commission ORDINANCE - RECOMMEND APPROVAL Su8:ECT AM TO PROPOSED COMPREHENSIVE NEIGHBORHOOD PLAN APPROX 3427-3523 SW 22 TERR Cesar H. Odio °ROM REFERENCES City Manager ;' COMISSION AGENDA OCTOBER 23, 1986 ENC.OSUF:ES PLANNING AND ZONING ITEMS It is recommended by the Planning Advisory Board that an amendment to the proposed Miami Comprehensive Neighborhood Plan by changing the designation from Low to Moderate Density Residential to Commercial -Residential for the property located at approximately 3427-3523 SW 22 Terrace be approved. The Planning Advisory Board, at its meeting of July 2, 1986, Item 1, following an advertise earing, adopted Resolution PAB 22-86 by a 9 to 0 vote recommending approval of an amendment to the proposed Miami Comprehensive Neighborhood Pan by —changing the designation of approximately 3427-3523 SW 22 Terrace, also descri bed as Lots 23 through 29 inclusive ess the S 1 , Block 5, MIA I SUBURBAN ACRES AMENDED (4-7 3) P .R .D .0 ., from Low to Moderate Density Residential to Commercial -Residential Six objections received in the mail six opponents present at the meeting. Three replies in favor received in the mail; four proponents present at the meeting. Backup information is included for your review. An ORDINANCE to provide for the above has been prepared by the City Attorney's office and submitted for consideration by the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends; DENIAL PLANNING FACT SHEET APPLICANT Kaituma Properties, NV (Owner of Record); Richard A. Parker, Trustee (Owner of Record) Carlos Salman, Trustee (Contract to Purchase c/o Anthony J . O'Donnell Jr., Esquire (Attorney for Applicant Greenberg Traurig et al. PETITION 1. APPROXIMATELY 3427-3523 SW 22ND TERRACE I Lots 23 through 29 inclusive less the S 10' Block 5 MI AMI SUBURBAN ACRES AM (4-7 3) P .R .D .0 . Consideration of amending the proposed Miami Comprehensive Neighborhood Plan by changing the designation from Low to Moderate Density Residential to Commercial -Residential. - REQUEST To amend the Miami Comprehensive Neighborhood Plan. BACKGROUND State legislation requires that proposed plan amendments be reviewed by the Florida Department of Community Affairs (90days) before local government (City Commission) can take substantive action. ANALYSIS The proposed change is in conflict with the Miami Comprehensive Neighborhood Plan 1976-86 and the proposed plan, which shows commercial _ uses facing Coral Way and low -to -moderate density residential uses facing SW 22nd Terrace. The proposed amendment would allow a high density commercial intrusion on the north side of S. W. 22nd Terrace, which is now a mixture of low density residences and parking lots. The proposed change is out of scale with the needs of the neighborhood and the City. These - is already ample commercial zoning and areas for commercial development within the community and along Coral Way without this plan amendment, PAB 7/2/86 Item # Page 0182 There are no substantialreasons why the property cannot be used in accordance with the existing plan. The proposed change would adversely influence living conditions in the neighborhood. Introduction of commercial buildings and resultant traffic generation on the north side of SW 22nd Terrace will adversely affect the living conditions now prevalent for residents of homes on the south side of SW 22nd Terrace. RECOMMENDATIONS i i PLANNING DEPT.- . Denial PLANNING ADVISORY BOARD At its meeting of J my 2, 1986,- the Planning 22-86 by a Advisory Board adopted Resolution PAB 9 to 0 vote, recommending approval of the above. Further, the Planning Advisory Board adopted Resolution PAB 23-86 by a 9 to 0 vote, requesting the City Commission to direct the City Clerk to transmit proposed amendments to the Florida Department of Community Affairs for comment, and establish future "public hearing dates. CITY COMMISSION At its meeting of July -24, 1986, the request to transmit the proposed Comprehensive Plan Amendment to the' Florida Department of Community Affairs was withdrawn. At its meeting of September 25, 1986, the City Commission continued action on the above. At its meeting of October 23, 1986, the City Commission assed the above on First Reading, (as amended �: PA5 7/2/86 Item #1 Page 2 - 10182 . _ at • 3f �/ • _ dim io �' 24� �� t 21i8 290 , i M tJ9 Oi i05 Obi i0 tow �> y i41 24f 2S1 y282 �e •7 1" :. •� � S26 s27 _ 260 400 - $ `. ra i 264 207 288 289 t 2 31 22 423 424 � • 20 25 �1V t0f ,° • •0 42S•. 204 20f Ifi I s3 194 Q 206 a ., 204 • •• 1'3� 161 If0 t IS ♦ 2 210 f 197 0 4 437 1 1 212 10 ., 4sb W `" 213 214 2ls 21 17 lie 219 220 21 222 40 10 439 440 441 64 1 "1 443 4 ,•}/ 4i3 4!M •v .. CT A S 6 20449 .451 M 4 ~ e CR (rc3/" M o TRACT 8 3 cn 3 Ices • ( C 0 L WAY), 2 2 ST " 30 14f d 3 2 6 25 26 27 26 29 30 31 t o ao •• 0 f! I• 17 16 '' I4 1 22 23 24 25 26 2T 22 TER. S.W. 2 2 TER. 40 39 3. 37 m 35 34 W 6 57' 58 59 40 al 62 63 16 1 L4 13 12 1 I 10 9 e T 6 S 4 3 2 J A• 17 18 19 20 21 22 30 31 32 t W sr s• sa 53 $4 Q 61 63 64 95 66 S.W.-00001 MEMORIES SUB ST. �xx W J e 4; 7 4 3 2 1� • 4 ? 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DE.BIN O O ASK W C DIANNE GD CENBEPG BYDpN G PETtR5fN -,AM- prr'CE KtP41 I. BADS- WELVIN r GREENBERG ALBEDT 0 BPICKELL CONCOu4S ILAPIE BASS'. MAPILYN O GDEENBLATT „OEL "EINSTEIN 1401 SPICKELL AVENUE ' AL+.SSA M BALIMGAPTE% ROBERT L COOSSMAN MAP• ,, PEISMAN MIAMI, rlOPIRA.33131. D,C.ADO O BAaTED KENNETw C uarrMAIN LUIS DETER TELED-ONES :.. NOPMAN J BENrORD LADDV ,j-OrrMAN NIC"OLAS POCKWELL "'AM' i3051 579.0500 SCVrT M BERNSTEIN MADCOS D JIMENEZ RAOyEI, A PCOR'GVE2 BPOWAPO (305) 523 811, MAP. O BLOC. _ BURT BDuTON MADTrN ••LB ROBERT ♦ KAOLAN M♦PV1N $ DOSCN q<C APO ♦ POSENBAUM ?t of 80.3124 S-EVE BULL0001 JGE, J KADP PONALO M POSENGAPITEN TELECOPT i305` 579.07'8 - 5-9 0 - POBEPT k By PLINGTON KENNEY DAVID I. ROSS - - J OrILiIP CARVER TIMOTr. E • S- ROBERT D PL BIN WEST PALMBEAC- prr,CE ALAN D C.ASE ALAN B. KCSIOW .•DEN O OUNOOUIST Iao souT... OltlE ..IC:..wAY SLE " COBB STEVEN „, KOA..-Z STEVEN T SAMII.IAN WEST PALM BfAC.,,rLOPIpA 33a0' KENOALL B: COrrE` STEVEN A LANC+ G•PY • .SALE. (305) 659' 6333 KAT-V • OAPASZ AL,EN P LANa,A.Q currORO • ScwLM♦N MAR. B DAVIS ALAN S LEMEPMAN` MAPLENE K SILvERMAN TCLECORY (305) 659.6354 _ErrPE• D OE CAPLO Jtrr PET C LEVEY STUAPT - SINGER 1 OSCAN G Of LA GUADOIA LAWRENCE B LEVY TIMOT.IY A SMIT- BROWAPO Orr10E i ALAN T OINIONC NODM•N w L1oorr LAWPA P STEDu CNSON SUITE 1650 C`IAOLES W COGAR.. CI CARLOS E LOUMIET SA. WtL SuS,' 110. EAST SPOWAPO BOuLEVAPO GARY M EPSTEIN JUAN P LCLM ET GAO' P TIMIN FORT LAu OEROALE. rLOWDA 33301 T^OMAS K. EOUELS -IC-AE6 J MAPC-ESE -IN WOOER? - TRAUPIG (305) 765. 050C DIANE D rERRARO LAUPA ♦ GANGEMI PEDRO A MAP ,,,AY A MARTUS MARIANNE A VOS JDNATMAN I. WARNER TtLECOPT (305) 765'I47^ PIC.ADD G. GAPRETT JOEL O MASER DAVID.M. WELLS - BRIAN K GAPY ALICIA N MORALES JERPOLO A WISH WRITER S OIDECT NO DAVID J GAYNOR. ANTI ONY .. C.DONNELL. JR TIMOTwv O WOLrC LAWRENCE GOOOrSKY JuuE K OLOE++Orr - S-E16A r wOLrSON -. _ PLEASE REPLY TO: MIAMI Orrice June 12, 1986 Mr. Sergio Rodriguez Director, City Of Miami Planning Department 275 N.W. 2nd Street Miami, Florida 33128 Re: Request for Amendment to Comprehensive Plan/ Carlos Salman Dear Mr. Rodriguez: On May 21, 1986, this office filed an application for an amendment to the Zoning Atlas from RG-1/3 to CR-3/7 on behalf of Carlos Salman for property located at approximately' 3427-3523 S.W. 22nd Terrace (copy, of application enclosed). This letter is to request the Planning Department to initiate the process necessary to amend the City of Miami's Comprehensive Plan to reflect a commercial designation for this property, Mr. Sergio Rodriguez June 12, 1986 Page 2 r Please place this matter onto the next available Planning Advisory Board agenda so that the Comprehensive Plan change and Zoning Atlas amendment processes may take place simultaneously so as not to cause unnecessary delay in the development of this pro- perty. Thank you for your assistance on this mattes. Yours very truly, Robert A. Kaplan RAK/dk cc: Joe McManus Anthony J. O'Donnell, Jr., Esq. Carlos Salman Aurelio Perez-Lugones Gloria Fox OPC:9NISEA4, TR,61,)Rirj,A!5 ipw, MQFFh44N, LIPQFF. Ro$pW a Q4JF, T-L. A � 0 1 8 z rZATV, OF CoMm,'Y OF DAt Before Me, the undersigned authority, this day persotaily appeared ANTHONY J. O'DONNtLI,, JR. who be .w.g by Me first duly sworn, upon oath, deposes and says: I. That he is the owner, or the legal representative of the owner, submitting the accotrpattyirl application for a public,hear^ing as requ .-ed by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami as described and listed on the pages attached to this affidavit and rmde a part thereof. 2. That all owners which he represents, if any, have given their full and cw.mlete per -mission for him, to act in their behalf for the charge )r rcdi` ication of a classification or regulation of zoning as set cut in the accomparz rg petition. 3. That the pages attached hereto and Trade a part of this affidavit contain the current ent names, mailing addresses, phone mz7,bers and legal descriptions for the real property which ne is the owner or legal representative. 4 The facts as represented i.n the application a.^.d doc=ents sum fitted in conjunction with this affidavit are true and cor.-ect. Further Affiant sayeth not. (N � ANTHONY�/J. O'DONNELL, JR Attorney for Owner Swori to and Subscribed before me this day of 19 e�/ Nctar,� �I:blic, of Flor•i at e My t',u=ission Expires pCtARY P�'WC STATE OF FLORIDA Mt .3lIriCS:'.M EAP, rAt ^,i e9 Q , L I t fi e - c/o Anthony 3. O'Donnell, Jr., E-q. )1Zi1 nr' AdSrtts ...: e.e l✓erti.,. fir.au.�i e a 1401 8tk-11 A%>enue Mian , Florida 3313i Tel�p�one Nubet' (305) 57.9_b6G3 Legal Desel i Pti m, Lots 26 through-29 less the south 10 feet thereof, Block 5, MIAMI SUBURBAN ACRES AMENDED (4-73) Owner's Name Richard 14, Parker,_, Trustee. (Owner of Record) c/o Anthony J. O'Donnell, Jr., Esq. Maiiintg Add'rts5 G_eenberq, Traurig, et al._, 1401 Brickell Avenue Miami, Florida 33131 Telephne Number (305) 579-0603 Legal Description: Lots 23 through'25 less the south 10 feet thereof, Block 5, MIAMI SUBURBAN ACRES .AMENDED (4-73) Owner's Name Carlos Salman, Trustee (Contract to Purchase)___ c/o Anthony J. O'Donnell, Jr., Esq. Mailing Address Greenberg, ,Trauric, et al., 1401 Brickell Avenue Miami, Florida 33131 Telephone Nu,,,Ser (305) 579-0603 Legal Description: Lots 23 through 29 less the south 10 feet thereof, Block 5, MIAMI SUBURBAN ACRES AMENDED (4-73) Any ot:. real estate property owned individually, jointly, or, severally (by ccrporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Legal Description Kaituma Properties, N.V. Lots 3, 4, and 5, (Owner of Record) Block 5, MIAMI SUBURBAN 3410-3496 S.W. 22 Street ACRES AMENDED (4-73) Street Address Legal Description Richard H. Parker, Trustee Lots 6, 7, and 6, (Owner of Record) Block 5, MIAMI SUBURBAN 3500 S.W. 22 Street ACRES AMENDED (4-73) Street Address Legal Description darlos Salman, Trustee -Lots 3 throu ch h (C'�-'.,tract to Purchase) , Block 5, MIAAMI SUBURBAN 1410-3540 S.W. 26 Street ACRES 71I.'.ENDED (4-73) 0182 sr•.�}. or CU�'ta S (Owr;ers of Reccr=*) 1. t c l des :ir:iom and street address of subiect reel pt erty Lots 23 thrcuch 25 less the south 10 feet thereof, Block 5, S:'$vAgAN ACRES (4-73 ) Approximately 34 7-3489 S.W. 22 Terrace "` V%grida 3. Caner('s) o' suw em real and ship. pTflr�► percentage 0f or►t�er� Nett: City of Miami Ordinance tvo. 5419 requires disclosure of au parties Paving a financial interest, either direct or indirect'# in the subjtct ma ter of a presentation, request or petition to the City Commission. Accordingly, question 12 requires disclosure of all shareholders of rcrporaticns, beneficiaries of trusts, and/or any other interested parties, together with their addresses and ptc ortionate interest. 1. Harold Moss (60%) 5901 S.W. 74 Street, Suite 404 Miami, Florida 33143 2. Richard H. Parker (40%) 5901 S.W. 74 Street, Suite 404 %:iamni, Florida 33143 F; 3. Legal description and street address of any real property (a) owned by any party listed in artisaer to question #2, a.-)d (b) located wit -hi:. 375 feet of the s-,LI*ct real property. Lots 3, 4, and 5, Block 5, MIA.MI SUBURBAN ACRES AMENDED (4-73) .61 Approxi:mately 3410-3498 S.W. 22 Street, Miami, Florida -7 4 G� a.NER OR wEY FOR OWNER , Atii'HOA'Y J. WDONINM.L, JR. Attorney for Owner LD STATE OF FLZRA ) SS: ' CO(.j,(PY GF OADE ) Anthonv J. O'Donnell, Jr. being duly sworn, deposes and says that ne 5 the (Corner) (Attorney for Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the sane are true and complete; and (if acting as attorney for owner) that he has authority to execute this Aisclosuce.of Ownership form on behalf of the owner. (SEAL) Name ANTHONY J . O' DONNTELL, JR. Sk14r�1 70 P�m SUFSC before this day of ,98 CC ri popliler St a Or 11 Florida at Large trill c04 lsr-17+ EXPI.W; DF f - �r 0182 1515:�LC,Sun:: C� C��1:iiR (Owners of Record) 1. Local description and street address of subject heal prcpertyi Lots 26 through 29 less the south 10 feet thereof, Block 5, MIAMI SUBURBAN ACRES AMENEEb (4-11) 3491-3523 S.W. 22 Terrace 2. Cwnerts) of suw*e,= real proms.. and` percentage of ownership. Note: City of Miami Ordi.-Ance No. 9419 requires disclosure of all parties aving a financial interest, either direct or indirect, in the subject Ratter of a presentation, request or petition to the City Corrznission. Accordingly, question 42 requires disclosure of all shareholders of mrpotaticns, beneficiaries of trusts, and/or any ,other interested parties, together with their addresses and proportionate interest. KAITUM.A PROPERTIES, N.V. 100% 1. Jose Font -Castro (50%) EGL Real Estate, Inc. 3436 Coral Way, Suite D Miami, Florida 33145 _ 2. Angel Veranes Vazquez (50%) EGL Real Estate, Inc. r 3436 Ccral Way, Suite D Miammi, Florida 33145 _ 3. Leca.l description and street address of any real property (a) owned by any party listed in answer to question 12, and (b) located withi:. 375 feet of the su5ject real property. Lots'6, 7, and 8, Block 5 MIAMI SUBURBAN ACRES AMENDED (4-73) ,6 Approximately 3500 S.W. 22 Street OWNER OR F,,4LY FOR 04vNEP. - kVMONY ' O' DOAL N7ELL, JR. STATE OF FIZ11MA ) SS: Attorney for Owner CCGLIl GF DADE ) Anthony J. O'Donnell, Jr. being duly sworn, deposes and says that ne is the (C•wner) (Attorney for Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the sane are true and - corT.plete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. (-SEAL) ANTHONY Sr14Rt1 TO P!� S J. O'DOI�IIJEi�.,, JR; before this day of , 9 4 Flo ida at Large MY co"XISSMN E.7 i.tZFS; Kti;y POO, $T.'T( CF PtCuri BISC1461 CP Ct-,NI Ht (Contract purchaser) 1. legal description and street address of subject real property: Lots 23 through 29 less the south 10 feet thereof, Block 5, MIAMI SUBURBAN ACRES AMEN►OtD (4-73) Approximately 3427--3523 S .W. 22nd Terrace 2. r(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties Waving a financial interest, either direct or indirect, in the subject (flatter of a presentation, request or petition to the City Commission. Accordingly, question t2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Carlos Salman, Trustee - 100$ Beneficiary: Carlos Salman (100%) 3191 Coral way Miami, Florida 33145 3. Legal description and street -address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. Lots 3 through 8, Black 5, MIAMI SUBURBAN ACRES AMENDED (4-73) 3500 S.W. 22nd Street Miami, Florida :Nc.Ft OR ATZ,4WZY Fop. OWNER ANI' M"Y J . JR. Attorney for Owner STATE OF FLORMA ) SS: CO(TVI Y CF DADS ) Anthony J. O'Donnell, Jr. being duly sworn, deposes and says that ne_ is the (C•wner) (Attorney for Owner) of the rea'_ property described in answer to question 11, above; that he has read the foregoing answers and that the same are true ard_cccr.plete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. _ ANTHONY 0' DONNELL . JF SNCAM 70 AtM 5UESC 50 before me tnis day of 99v. !I �d pv�a�. �a . Flo ida at Large (over) t PiMW.St A!) 5AL �GRb .i►E!r"i THIS ACME TN' (the "Agreement") is made and entered into as of this day of March, 1986, by and between KAITUMA PROPERTIES N.V., a Netherlands Antilles Corporation ("Seller"), and Carlos Salman, Trustee and/or his assigns ("Purchaser"). In consideration of the mutual covenants and promises herein get forth, the parties agree as follows: 1. Purchase and,Sale. Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller that certain parcel of property located in Dade County,Flo+ rida, with a surface area measuring approximately 45,300 square feet, including the land and all buildings, structures and other improvements situated thereon, as more particularly described in Exhibit "A" attached to and made a part of this Agreement (the "Realty"), together with the following other property: r; { (a), All fixtures used or useful in the operation, repair and maintenance of he Realty, and situated on the Realty and owned by Seller. (b) All of the landlord's interest in and to tenant leases, if any, for space n the Realty. (c) All deposits, licenses, permits, and contract rights pertaining to own t ership and/or operation of the Realty. (d) All of Sellers rights in and to the name of the building on the Realty, if any, and general intangible rights pertaining to the ownership and/or oper- ation of the Realty. ,y (e) All stripes, gores, easements, privileges, rights -of -way, riparian and other water rights, rights to lands underlying any adjacent streets or roads, ' and other appurtenances pertaining to or accruing to the benefit of the Realty. All of the Realty, other property, and rights described in this paragraph 1 are sometimes collectively called the "Property". 2. Purchase Price. The purchase price to be paid by _Purchaser to Seller for the Property is (the "Purchase Price"), 3. Deposit. To secure the performance by Purchaser of Purchaser's obligations under this Agreement, Purchaser has delivered to the law firm of Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A., as escrow agent (the "Escrow Agent"), the sum of by check, the proceeds of wiich shall be held as an earnest money deposit (the "Tnitial Deposit") hereunder. If Pur- chaser elects to proceed with the purchase after the ten (10) business day inspection period, then within five (5) business days following such inspection period, Purchaser shall deliver to Escrow Agent an additional deposit (the "Additional Deposit") of the sum of to be held together with, and on the same terms and conditions as, the Initial Deposit. Once the Additional Deposit is paid e 1 018 to Estrow Agent, the term "Deposit" shall rbean the Initial Deposit plus the Additional Deposit; prior thereto, whenever used herein, the term "Deposit" shall lbeAh only the Initial Deposit. 'he Escrow Agent shall invest the Deposit in an interest bearing account, certificate of deposit or repurchase agreement maintained with or issued by a commercial batik or savit5gs and That assotiation doing business in 'Dade County, Florida, All interest accured or earned on the Deposit shall be paid or Credited to Purchaser except in the event of a default by Purchaserhereunder, without any de- fault on the part of Seller, in which event the interest shall be disbursed to Seller, - �together.with the Deposit, as liquidated damages in accordance with paragraph 11 below. The Escrow Agent shall not be liable for any actions taken in good faith, but only for its gross or wilfull negligence. 4. Terns of Pavment. The Purchase Price shall be paid to Seller as follows: the Deposit described in paragraph 3 of this Agreement, which sum 'shall be paid to Seller at Closing; by Purchaser's execution and delivery of a purchase money first note and mortgage in favor of Seller, as more parti- cularly provided in paragraph 5 of this Agreement; approximately, in cash at closing, subject to prorations _I and adjustments as hereinafter provided, to be paid by bank cashier's check drawn on a Dade County, Florida, bank or by wire transfer of federal funds. T-tal Purchase Price. 5. Purchase Money First Note and Mortgage. At closing Purchaser shall execute in favor f Seller a Purchase .Money Note (the "Purchase Money Note") in the principal am- o/unt of bearinginterest at the rate of nine and one-half percent 9- % P ( ) per annum, amortized over a twenty-five (25) year period with a balloon payment of ,the outstanding principal balance due five (5) years from date of the Purchase Money Note. The payments of principal and interest shall be made monthly. The Purchase Money Note shall be secured by a Purchase Money First Mortgage .(the "Purchase Money First Mort— gage") encumbering the Property, The Purchase Money Note and Purchase Money First Mortgage shall provide for a fifteen (15) day written notice and opportunity to cure in the event of default, to mortgagor's address within the State of Florida, shall provide for right of prepayment in whole or in part without: penalty; shall not per— mit acceleration or interest adjustment in the event of resale of the Property; and shall be in form and content acceptable to Seller's and Purchaser's attorneys, 6, Title. Within sixty (60) days f9llow n8 acceptance of this Agreement by both — parties, Seller, at Seller's expense, shall deliver to Purchasers attorneys, �reen� bars, Trauri$ Askew, Hoffman, LipQff, Rosen.& Quentel, P,A,, Attention; Pedro A. il% 4 Martin, Esq., a cbmPlete abstract of title setting forth all matters of record affec- ting the tale to the Realty frof earliest public records to a date subsequent to the date of this Agreement, i`he abstract shall be recontinued at purchaser's expense with- in thirty (�O) days before closing, Upon closing of this transaction the abstract shall` become the property of 'Purchaser. The abstract shall show Seller to be vested with good and marketable and insurable fee simple title to the Realty, free and :lear of all liens and encumbrances, except the following: (a) Ad valorem real estate taxes for 1986 and subsequent years; (b) All applicable zoning ordinances and regulations, none of which shall prohibit purchaser's intended use of the Pro- perty for commercial use; (c) Easements, conditions, and limitations of record; (d) Any restrictions contained in the Plat of the Realty. 3, Within the time period for providing the first abstract, Purchaser shall have the right to obtain, at Purchaser's expense, a survey of the Realty meeting the minimum standards of the Florida Board of Land Surveyors, certified to Purchaser and prepared as of a date subsequent to the date of this Agreement. Title shall be deemed good, marketable and insurable only if Purchaser can obtain a commitment for an Nner's ALTA Form B Marketability Policy from Lawyers Title Insurance Corporation, Attorneys Title Insurance Fund, or'other national title insurer reasonably acceptable to Purchaser, at standard rates, containing no exceptions other than those specifically permitted above. Purchaser shall have forty five (45) days from receipt of the first abstract and survey within to examine same. If Purchaser finds title to be defective, Purchaser shall, no later than five (5) days following such forty five (45) exam- ination period, notify Seller in writing specifying the title defect(s); provided that if Purchaser fails to give Seller written notice of defect(s) before the expi- ration of said five (5) day period, the defects shown in the abstract or survey shall be deemed to be waived as title objections to closing this transaction. If Purchas- er has given Seller timely written notice of defect(s) and the defect(s) render the title unmarketable subject to the matters as aforesaid, Seller shall have ninety (90) days to cause such defect(s) to be cured including the filing of any lawsuits. Seller agrees to remove by payment, bonding, or otherwise, with the proceeds from the closing, any liens against the Property capable of removal by the payment of money or bonding, Seller shall bring suit, if necessary, to cure any other defect or to buy-out or settle any other claim or lien against the Property. The date of clo- sing may be extended for a period not to exceed ninety (90) days for purposes of f eliminating any title defects, In the event that Seller does not eliminate such defects at of the date of closing at the tmb6 fbay be extended under the preceding sentence, Purchaser shall have the Option of either: W tl0tihg and accepting the title "at is", without reduction in the Purchase Price (except for any lien that tan be removed by the payment of money or bonding) and without tl6ith against Seller therefor; or (ii) Cancelling this Agreement, in which event Escrow Agent shall return the Deposit, and all interest earned thereon to Purchaser, whereupon both parties shall be re- leased froth all further obligations under this Agreement, unless such defects were caused by Seller's willful act or willful omission (in which event, Seller shall remain liable to Purchaser for damages caused thereby). Seller shall execute appro- priate documents at closing for title insurance "gap coverage". 7. Conditions Precedent. Purchaser's obligation to close this transaction shall be subject to fulfillment of the following conditions precedent to closing: (a) As a minimum, the North 60 feet of lots 26, 27, 28 and 29 of the Property must be rezoned to the CR3-7 zoning classification as provided in paragraph 9 below, lots 3, 4 and 5 must remain zoned CR3-7, and the remaining portion of the Property must be approved by the proper govern- mental authorities to be used for parking. (b) As of the closing, there shall be no contracts for labor or services to the Property (other than the garbage pick-up) that cannot be cancelled by Purchaser upon more than thirty (30) days' notice and without payment of pre- mium or charge therefor. (c) At all times during the term of this Agreement and as of closing, all of the representations and warranties by Seller contained in this Agreement shall be true and correct. (d) There is not presently and shall not be as of the closing any moratorium on water, sewer or construction that would adversely affect the Property. In the event any of the foregoing conditions precedent are not fulfilled as of closing (or earlier date if specified otherwise), then Purchaser shall have the op- tion of either: (i) waiving the condition and closing "as is" without reduction in the Purchase Price (except as otherwise specified herein); or (ii) cancelling this Agreement by wri;ten notice to Seller given by closing (or earlier date if specified otherwise), in which event the Escrow Agent shall return the Deposit and all interest thereon to Purchaser, whereupon both parties shall be released from all further obli- gations under this Agreement. 8, Additional Pavmen.ts. In addition to the Purchase Price, Purchaser will pay to Seller a monthly amount of in advance commencing fa 01s Y r Iff." lit �. /4 of "01 -11f.$ CO'l AVC and on the same day of each and every month thereafter. In the event the closing does not take place due-tQ title defect(s).or a fault attributable to Seller, these amounts will be reimbursed, to Pur- chaser, Payments will continue to be made by Purchaser on a timely basis, 'until surch 4 time as S611or receives notice from Purchagetr that the Cohditiohs Pretedont cannot be Chet, in which event Purchaser shall be entitled to a refund of his deposit and Seller Shall keep the Additional Payments at CdMlpthtatioh, If the closing takes plate Seller agreet to give to Purchaser a credit equivalent to the amouhtt received as Additional Paymehtt, which amounts Shall be reduced from the of the Purchase Money Note and First Mortgage, 9. ZohiM9 Purchaser shall use diligent effort to have at least the North 60 feet of the portion of the Property not zoned M-7, rezoned from its present class- ification to CR3-7. Purchaser shall alsc obtain the approval of the proper govern- mental authority to use the portion to the Property not zoned or rezoned CR3-7 for parking. All expenses incurred in connection with the zoning petitions will be paid by Purchaser. If the Purchaser requests, the Seller will join in (a) any applications needed in connection with the procedure for rezoning; (b) any unity of title, reso- lution, covenant, restriction or related instrument required to rezone; (c) any dedications of public streets, canals, utilities and/or roads; (d) any easement as required by any governmental authority or utility company as a condition to the granting of a permit or permits to construct improvements on any portion of the Property; and (e) in any, plat, waiver of plat, dedication, utility agreement or any other agreement which the Purchaser may be required to submit for approval to the appropriate governmental agency; provided that the Seller shall not incur personal liability or expense in connection with any of the above. 10. Seller's Representations. Seller represents and warrants to Purchaser and ag- rees with Purchaser as follows: (a) No later than ten (10) days after the effective date of this agreement, Seller will provide Purchaser with a list of the tenants and of the leases and contracts which are not a matter of public record. (b) Seller has no notice or knowledge of : (i) any pending improvement liens to be made by any governmental authority with respect to the Property; (ii) any violations of zoning ordinances or other governmental regL'Lations with respect to the Property; (iii) any pending or threatened lawsuits with respect to the Property; (iv) any pending or threatened condemnation proceedings with respect to the Property. (c) Seller is vested with good and c2arketable fee simple title to the Pro- perty subject only to the permitted title exceptions as provided herein; and Seller is vested with good and marketable title to all fixtures, equipment, furnishings and items of personal propert7 referred to in subparagraph IW above, free of all financing and other liens or encumbrances, (d) Seller shall comply prior to closing with all laws, rules, regulations, and ordinances of all governmental authorities having jurisdiction over the Property. (e) Seller has received no knQwledge.and Chas no ' notice: ice, of any pending or threatened litigation relating to the Property, (f) Lots 3, 4 and 5 of the Property are presently zoned CR3.7, (g) As of closing, all of Seller's rtPresentetiot,s and warranties shall be true and correct, The provisions of this paragraph shall survive the closing, 11, Defa911,Pr6visiohs. In the event of the failure or refusal of Purchaser to Close this transaction, without fault on Seller's part and without failure of title or any conditions pretedent to Purchaser's obligations hereunder, Seller shall re- ceive the Deposit, together with all ,interest earned thereon, as agreed and liqui dated damages for said breach, and as Seller's sole and exclusive retnedy for default of Purchaser, whereupon the parties shall be relieved of all further obligations hereunder. The amounts made as Additional Paymentswillnot be deducted from Deposit.' In the event of a default by Seller under this Agreement, Purchaser at its op- tion: (i)'shall have the right to receive the return of the Deposit, together with all interest earned thereon, Whereupon the parties shall be released from all further obligations under this Agreement, anything herein to the contrary notwithstanding or, alternatively; and (ii) shall have the right to seek specific performance of the Seller's obligations hereunder, 1 12. Prorations.- Real estate and personal property taxes, insurance,rents, utilities, interest, cost and revenues .and all other proratable items shall be prorated as of the date of closing. In the event the taxes for the year of closing are unknown, the tax proration will be based upon such taxes for the prior year, and at the request ofeither party, such taxes for the year of closing shall be reprorated and adjusted when the tax bill for the year of closing is received and the actual amount of taxes is known. The provisions of this paragraph shall survive the closing. 13. Improvement Liens. Certified,' confirmed or ratified liens for governmental improvements as of the date of closing, if any, shall bepaidin full by Seller, and pending liens for governmental improvements as of the date of closing shall be assumed by Purchaser, provided that where the improvement has been substantially completed as of the date of closing,' such pending lien shall be considered certi- fied. 14. Documentary Stamps and Intangible Taxes.. At closing, Seller shall pay the documentary stamps and surtax due on the warranty deed of conveyance. Purchaser shall pay the documentary stamps, intangible tax, and recording fees due on the Purchase Money Note and Mortgage. Purchaser shall pay for the recording fees on the warranty deed and Seller shall pay the recording costs'on documents necessary to Blear title, 15, Closing, Subject to other provisions of this Agreement for extension, the .m� closing shall be held at the 6fficeg of the attorneys for Purchaser, Greenberg, Trau- rig, Askew, Hoffman, l.ipoff, Posen & Nentel, P.A., at 1401 grickell Ave,, Miami, Florida 33131, forty-five (45) days after Purchaser's receipt of final zoning approv- a1 from the appropriate governthental authorities, unless an appeal of such final approval is taken, in which case closing shall take place forty-five (45) days after the appeal decision affirming such final approval. Seller shall convey title td the Property by good and sufficient Statutory War- ranty Deed subject only to the permitted title exceptions as provided herein. Seller agrees that at closing, it will also deliver to Purchaser: (i) an appropriate me- chanic's lien affidavit; (ii) an affidavit of exclusive possession; (iii) an ap- propriate bill of sale with full warranties of title for all personal property included in this transaction; (iv) appropriate assignments of all deposits, licen- ses, easements,rights-of-way, contract rights, intangible rights and other pro- perty and rights included in this transaction. Purchaser shall execute the Purchase Money Note and Purchase Money First Mortgage. Seller and Purchaser shall each execute such other documents as are reason- ably necessary to consummate this transaction. 16. Brokers. The parties each represent and warrant to the other that the only real estate brokers, salesmen or finders involved in this transaction are Carlos` Salman Realty, Inc. and ECL Real Estate Inc. (the "Brokers") to whom Seller shall pay at closing a real estate commission of to be split equally between the Brokers. Seller shall be liable for such broker- age commission only if this transaction closes. If a claim for brokerage in connection with the transaction is made by any other broker, salesmen or finders claiming to have dealt through or.on behalf of one of the parties hereto (the "Indemnitor"), said Indemnitor shall indemnify and hold the other party hereunder (the "Indemnitee") harmless from all liabilities, costs, fees and expenses whatsoever (including reasonable attorney's fees and court costs) with respect to said claim for brok- erage. The provisions of this paragraph shall survive the closing. 17. Assignability. Purchaser shall be entitled to freely assign its rights here- under. In the event of an assignment, the assignor shall be released from any and all of the assignor's obligations hereunder, provided that the assignee of such rights agrees to be fully bound by the terms and conditions of this Agreement as if said assignee were the original signatory hereto. 18, Inspections, Purchaser, and Purchaser's agents and contractors shall have �TslTT1T �F lIIF! the right,Qr a period Qf ten (10) business days from the date of execution of this Agreement by both Seller and PurthAteri to enter upon the property at all reawi- able times for Purposes Of inspection and making tests and studies thereohi Seller tear less for all pro- rn vidod that Purchaser shall itdeithifyj defend and hold liabilities, damagest tlaimsi costs, or expenses for bodily injury, death, or property datage resulting from any such test or study. It, based upon its exam- ination of the Property, Purchaser shall detemine, in hit sole discretion, that the Ptoperty it not suitable for its planned marketing and development, or the improvements are not satisfactory, Purchaser shall have the right to determine this Agreement by notice to Seller. whereupon Es::row Agent shall Immediately return to Purchaser the Deposit with interest and each party shall be relieved of his ob— ligations arising hereunder. Seller agrees to provide Purchaser with any plans, plats, surveys, engineering reportt and other documents in Seller's possession which will assist Purchaser in its investigation upon request by Purchaser. 19. Escrow Agent. The Purchaser hereby indemnifies and holds Escrow Agent harm— less from and against any loss, liability, claim or damage Escrow Agent may incur or be exposed to in its capacity as escrow agent hereunder, except for willfully malicious conduct. If there be any dispute as to disposition of any proceeds held by Escrow Agent pursuant to the terms of this Agreement, Escrow Agent is hereby authorized to interplead said amount with any court of competent jurisdiction and thereby be released from all obligations hereunder. The parties recognize that the Escrow Agent is the lau-firm representing Purchaser, and hereby agree that such law firm may continue to represent Purchaser in any litigation pursuant to this Agree— ment. 20. Notices. Any notices required or permitted to be given under this Agreement shall be delivered by hand or mailed by Certified or Registered Mail, Return Re— ceipt Requestvd, and addressed as follows: If to Purchaser at: Carlos Salman, Trustee 3191 Coral Way, Suite 401 Miami, Florida 33145 With copies to; Pedro A. Martin, Esq, Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A. 1401 Brickell Avenue, PH-1 Miami, Florida 33131 If to Seller at: ECL Real Estate, Inc. 3436 Coral Way Suite 1.) Miami, -Florida 33145 With co -pies to; E.J.Farris, Esq. Rivprwe Plaza Suite'701 444 Brickell Avenue Miami, Florida 33131 10162 Agreement by both Seller and Purchaser, to enter upon the property at all reason- able times for purposes of inspection and itaking tests and studies thereon, pro" vided that Purchaser shall indemnify, defend and hold Seller harmless for all liabilities, damages, claims, costs, of ekpenses for bodily injury, death, or property damage resulting froth any such test or study. If, based upon its exam- ination of the Property, Purchaser shall detemine, in his sole discretion, that the Ptopefty is not suitable for its planned marketing and development, or the improvements are not satisfactory, Purchaser shall have the right to determine this Agreement by notice to Seller, whereupot Escrow Agent shall immediately return to, Purchaser the Deposit with interest and each party shall be relieved of his ob- ligations arising hereunder. Seller agrees to provide Purchaser with any plans, plats, surveys, engineering reports and other documents in Seller's possession which will assist Purchaser in its investigation upon request by Purchaser. s 19 Escrow Agent. The Purchaser hereby indemnifies and holds Escrow Agent harm- less from and against any loss, liability, claim or damage Escrow Agent may incur or be exposed to in its capacity as escrow agent hereunder, except for willfully malicious conduct. If there be any dispute as to disposition of any proceeds held by Escrow Agent pursuant to the terms of this Agreement, Escrow Agent .is hereby authorized to interplead said amount with any court of competent jurisdiction and thereby be released from all obligations, hereunder. The parties recognize that the Escrow Agent is the lawfirm representing Purchaser, and hereby agree that such law firm may continue to represent. Purchaser in any litigation pursuant to this Agree- ment. 20.-Notices. Any notices required or permitted to be given under this Agreement shall be delivered by hand or mailed by Certified or Registered Mail, Return Re- ceipt Requested, and addressed as follows: If to Purchaser at: Carlos Salman, Trustee 3191 Coral Way, Suite 401 Miami,Florida 33145 With copies to: Pedro A. Martin, Esq. Greenberg, Traurig1 Askew, Hoffman, hipoff, Rosen &' Quentel, P.A. 1401 Brickell Avenue, PH-1 Miami, Florida 33131 If to Seller at; FGL Real Estate, Inc, 3436 Coral Way Suits P Miami,- Florida 33145 With copies to; E;J.Farres, Esq / Rivergate Plaza Suite`,701 444 Brickel.l Avenue Miami., Florida 33131 1 018 le Property shall be conveyed to Purchaser in the game d6ndit ti6M at On the date of Agreettaht, ordinary weer And tear excepted, and Seller shall not. remove any of its Personal Property between the date of this Agreement and closing, In the event that all or emy portion of the Property is taken by eminent domain prior to closing, Purchaser shall have the option of either: (i) cancelling this Agreement and receiving a refund of the Deposits together with all interest earned thereon, whereupon both parties shall be relieved of all further obligations under' this Agreement; (ii) Purchaser may proceed with the closing in which case Purchaser shall be entitled to all condemnation awards and settlements. In the event that the Property is damaged or destroyed by fire or other casualty to Closing, Seller shall have the option to repair and restore the Property to the same condition as before the fire or casualty, and the closing shall be deferred for up to ninety (90) days to permit such repair andrestoration. If Seller elects not to repair and restore or if Seller is unable to repair and restore within such ninety (90) day period, then Purchaser shall have the option of either: (i) cancelling this Agree-. -ment and receiving a refund of the Deposit (together with all interest earned thereon), whereupon both parties shall be released from all further obligations under this Agreement; or (ii) proceeding with the closing in which case Purchaser shal be entitled to all insurance proceeds and to a credit equal to the insurance deduc- tibles. 22. Indemnity. Seller shall indemnify and hold Purchaser harmless from any and all liability, including costs and attorney's fees: (a) T9 the State of Florida for sales tax due on any rentals or sales prior to closing, under Florida Statutes Section 212.10. (b) For any personal property taxes remaining unpaid for calen- dar years prior to the year of closing. (c) For any utility charges not paid by the closing date. The provisions of this paragraph shall survive the closing. 23. Miscellaneous. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. (b) In the event any term or provision of this Agreement be deter- mined by appropriate judicial authority to be ' illegal or otherwise invalid, such Provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remain- der of this Agreement shall be construed to be full force and effect. (c) In the event of ;any litigation between the parties under this Agreement, the prev, ailing party shall be entitled to reasonable actor- ney's fees and court costa. (d) In construing this Agreement, the singular shall be construed 9 11. 111 1 WIN 1, IN, IRWIN to include the plural, the plural shall include the singular, any gender shall include every other and all genders, and captions and paragraph headings shall be disregarded. 24 roreip tnves+��nent Inteal..Prperty fax ,Act. Purchaser shall have the eight to withhold at closing an amount in cash to ten Percent (101) of the "Amount 'Real- ized", as such term is defined by Temporary Regulations Section 1.1445-1T(g)(5). and the purchaser shall forward such sum to the Internal Revenue Service as with- holding tax under Internal Revenue Code Section 1445. The Purchaser and the Seller shall each individually have the right (but Purchaser shall not be obligated) prior to closing to make application to the Internal Revenue Service (the "Service") pursuant to Temporary Regulations Section 1.1445-3T for a withholding certi- ficate ("Withholding Certificate") authorizing Purchaser to withhold a lesser amount of (or no) tax, and if the Service duly issues such a Withholding Cer- tificate prior to closing, then the Purchaser shall have the right to withhold only the amount stipulated in the withholding Certificate and the Purchaser shall forward such amount to the Internal Revenue Service as withholding tax under Inter- nal Revenue Code Section 1445. It is the intent of this paragraph to enable Pur- chaser fully to comply with Internal Code Section 1445 and related sections and regulations, as modified and amended from time to time; in fuptherance of this'71 intent, Seller shallcomplywith all reasonable requirements of Purchaser which are intended to effect such compliance. ?u:.�� iao. ,:P -J J� � �..o...� ULV- � n k,- ' o�� cis. r- 4-r o ?1 7C' 25. Entire Agreement. This 'Agreement constitutes 11 the entire agreement bet- 3 ween the parties and may not be changed, altered or modified, except by an instru- ment in writing signed by the party against whom enforcement of such change would be sought. This Agreement shall be binding upon the _parties hereto and their res- pective successors and assigns. EXFZ= as of the date first above written in several co-nterparts, each of which shall be deemed an original, but all constituting only one agreement. Signed in the presence of: Seller; KAITUMA PROPERTIES, N.V., a Netherlands Antilles corporate y (As to Seller), s EJII7.1D11 �A`i Lot 3 and lot 4, less the North 35 feet thereot, itn Blotk 5, Amended Plat of Miami Suburban Acres, according to the Plat thereof, recorded in l']at Book 4 at Page 73 of the Public Records of bade County, Florida. Lot 5, less the North 35 feet thereof, and lots 26, 27, 28, and 29, less the Scuth 10 feet thereof, in Block-5, of Amended Plat of Miami Suburban Acres, according to the Plat thereof, as recorded in Plat Book 4, at Page 73 of the Public Records of Dade County, Florida. POCHAst AND SAI,E AG` T91S AWEMEN' (the "Agreement") is Made and entered into as of this -IL day of � ! , 1986, by and between RSCRARD 9, PARKER# trustee ("Seller")o and CARLOS SALMAN, Trustee and/or his assigns ("Purchaser"). in consideration of the mutual covenants and promises herein set forth, the parties agree as follows; 1. Purchase and Sale. Sell�r agrees to sell to Purchaser and Purchaser agrees to purchase from Seller that certain parcel of property located in Dade County, "Florida, with a surface area measuring approximately 38,390 square feet, including the land _ and all improvements situated thereon, if any, as more particu- larly described in Exhibit "A" attached to and made a part of this Agreement (the "Realty"), together with the following other property: (a) All of the landlord's interest in and to tenant leases, if any, for space on the Realty. (b') All deposits, licenses, Permits, and contract rights pertaining to ownership and/or operation of the Realty. (c) All strips, gores, easements, privileges, - rights of -way, riparian and other water rights, -rights to lands underlying any adjacent "streets or roads, and other appurtenances pertaining to or accruing to the benefit of the 'Realty. All of, the Realty, other property, and rights described in this paragraph 1 are sometimes collectively called the "Proper- ty 2. Purchase Price. The purchase 'price to be paid by Pur- chaser to Seller for the Property .is (the "Purchase Price") • 3. Deposit, To secure the performance by Purchaser of Purchaser's obligations under this Agreement, Purchaser has de-`„�,�::•. livered to the law firm of Greenberg, Traurig, Askew, Hoffmaan#; Tipoff, Rosen & 4uentel, P.A., as escrow agent (the "Escrow Agent"),: the sum of _ 10182 check, the proceeds of which Shall be held As an earnest MOMOY deposit (the "Initial Deposit") hereunder, If Purchaser elects to proceed with the purchase after the inspection Period, theft within one (1) business day following the Inspection Period, Pur- chaser shall rive Seller notice and deliver to Escrow Agent an additional deposit (the "Additional Deposit") of the sum of to be held together • with, and on the same terms and conditions as, the Initial Deposit. Once the Additional Deposit is paid to�Escrow Agent, the term "Deposit" shall mean the Initial Deposit plus the Addi- tional Deposit; prior thereto, whenever used herein, the term "Deposit" shall mean only the Initial Deposit. The Escrow Agent shall invest the Deposit in an interest bearing account, certifi cate of deposit or repurchase agreement. maintained with or issued by a' commercial bank or savings and loan association federally insured and doing business in Dade County, Florida. All interest accrued or earned on the 'Deposit shall be paid or credited to Purchaser except in the event of a default by Purchaser here- under, without any default on the part of Seller, in which event the interest shall be disbursed to Seller', together with the Deposit, as liquidated damages in accordance with paragraph 10 below. The Escrow Agent shall not be liable for any actions taken in good faith, but only for its gross or wilfull negli- gence. 4. Terms of Payment. The Purchase Price shall be paid to Seller as follows: the Depositdescribed in paragraph 3 of this Agreement, which sum shall be paid to Seller at closing; by Purchaser's execution and delivery of a purchase money note and mortgage in favor of Seller, as more particularly provided in para- graph 5 of this Agreement) Approximately, in cash at closing, j sub ect to,,t prorations and adjustments as hereinafter 'L,�? .. videdg` to be paid by bank 'cashier's, check ��;"_ drawn on a Dade County, Florida, bank or by ; wire transfer of federal funds. . Total Purchase Prior. Parch se Mond Note ar�d Mart i At elosing Purdhaamb or shall execute in favor of seller a Purchase Money Note (the "Purchase Money Note") in the principal amount of ,. bearing interest at the rate of nine and one-half percent (0-1/2 ) per annum amortized over a twenty five (25) year period with a balloon payment of the outstanding principal balance due five (5) years fron the date of the Purchase Money Note. The payments of principal and interest shall be made monthly, The Purchase Money Note shall be secured b(y a Purchase Money Mortgage (the "Purchase Money Mortgage") encumbering the Property. The Purchase Money Note and Purchase Money Mortgage shall provide for a fifteen (15) day written notice and opportunity to cure in the event of default; shall provide for right of prepayment in whole or in part without penalty on sixty (60) days prior notice to Seller; shall not permit acceleration or interest adjustment in the event of resale of the Property; shall contain a right of set-off by Purchases against any liability of Purchaser resulting from any of Seller's misrepresentations contained in this Agree- ment and shall be in form and content usual and customary in Dade County, Florida in transactions of this sort. In addition, `Sel- ler may instruct Buyer in writing to divide the monthly payments to pay up to four separate payees. 6. Title. Within thirty (30) days following acceptance of .this Agreement by both parties, Seller, at Seller's expense, shall deliver to Purchaser's attorneys, Greenberg, Traurig, Askew,'8offman, Lipoff, Rosen & Quentel,-P.A., Attentions Pedro A. Martin, Esq., a complete abstract of title setting forth all matters of record affecting the title to the Realty from the ear- liest public records to a date subsequent to the date of this Agreement.- The abstract shall be recontinued at Purchaser's ex- pense within thirty (30) days before closing. Upon Closingof this transaction the abstract shall become the property '94 chaser. The abstract shall show Seller to be vested with good` and marketable and insurable fee simple title to the Realty, free and clear of all liens and encumbrance's, except the fol wing;.: a � ) Ad VA10rem real estate taxes fOr 1088 and subs*- quent years; (b) All applicable toning ordinances and regula- bons, (c) any utility easements which are located within ten (10) fset of the boundaries of the Realty or any ease- Monts shown on the plate (d) Any restrictions contained in the Plat of the Realty. Within the time period for providing the first abstract, Purchas- er shall have the right to obtain, at Purchaser's expense, a sur- vey of the Realty meeting the minimum standards of the Florida Board of Land Surveyors, certified to purchaser and prepared as of a date subsequent to the date of this Agreement. Title shall be deemed good, marketable and insurable only if Purchaser can obtain a commitment for an Owner's ALTA Form B Marketability Pol- icy from Lawyers Title Insurance Corporation, Attorneys Title F Insurance Fund, or other national title insurer reasonably accep- table to Purchaser, at standard rates_, containing no exceptions other than those specifically permitted above. Purchaser shall have thirty (30) days from receipt of the first abstract and survey within which to examine same. If Purchaser finds title to be defective, Purchaser shall, no later than five (5') days fol- lowing such thirty (30) day examination period, notify Seller in writing specifying the title defect(s); provided that if Pur- chaser failstogive Seller written notice of defect(s) before the expiration of said five (5) day period, the defects shown in the 'abstract or survey _shall be deemed to be waived as title objections to closing this transaction. If Purchaser has given Seller timely written notice of defect(s) and the defect(s) ren- der the title unmarketable subject to the matters as aforesaid, Seller shall use diligent effort to cause such defects to be cured by the date of closing, including the filing of any law- suits. Seller agrees to remove by payment, bonding, or otherwise any lien against the Property capable of removal bye the payinent of money or bonding. Seller shall bring suit, if necesaa'ry, to d cure any other defect or to buy-out or settle any other claim o lien against.' the Property.. At the Purchaser's bption, the dat . 1? S2 7-7 of closing may be extended for a period not to exceed ninety (50) clays for purp,08e8 of eliminating any title defects. In the event that Seller does not eliminate such defects as of the date of closing as the same may be extended under the preceding sentence, Purchaser shall have the option of either: (i) closing and ac- cepting the title "as ist" without reduction in the purchase Price (except for any lien that can be removed by the payment of money or bonding) and without claim against Seller therefor; or (ii) cancelling this Agreement, in which event Sscrow Agept shall return the Deposit, and all interest earned thereon to purchaser, whereupon both parties shall be.released from all further obliga- tions under this, Agreement, unless such defects were caused by Seller's willful act or willful omission (in -which event, Seller shall remain liable to Purchaser for damages caused thereby). Seller shall execute appropriate documents at closing for title insurance "gap coverage". 7. Conditions Precedent. Purchaser's obligation to close this transaction shall be subject to fulfillment of the following conditions precedent to closing: (a) As a minimum, the North 60 feet of Lots 23, 24 and 25 of the Property must be rezoned to CR3-7 zoning clas- sification as provided in paragraph 8 below, Lots 6, 7 and 8 must remain zoned CR3-7 through closing, and the remaining portion- of the Property must be approved by the proper governmental authorities to be used for parking. (b) As of the closing, there shall be no contracts for labor or services to the Property that cannot be cancel- led by Purchaser ,upon no more than thirty (30) days' notice and without payment of ,premium or charge therefor. (c) At all times during the term of this Agreement and as of closing, all of the representations and warranties, by Seller contained in this Agreement shall be true and cor- rect. (d) There is not presently and shall not be as of the closing any moratorium on water, sewer or construction that would adversely affect the Property. In the event any of the foregoing conditions precedent are not fulfilled as of closing- (or earlier date, s ecifec otherwise), then Purchaser shall have the option of either waiving the condition and closing "as is" Without reduction in the Purchase Price (except as. otherwise specified herein);' or ts (ii) cancelling this Agreement by written notice to Seller given by closing (or earlier date if specified otherwise), in which event the Escrow Agent shall return the boposit and all interest thereon to Purchaser, whereupon both parties shall be released from all further obligations under this Agreement. 8. 2onI n'. Purchaser shall use diligent effort to have at least the North 60 feet of the portion of the Property not zoned CR3-7, rezoned. from its present classification to CR3-7. Purchaser shall also obtain the approval of the proper govern- mental authority to use the portion of the Property not zoned or rezoned CR3-7 for parking. The appropriate applications must be made to the City of Miami by May 15, 1986. All expenses incurred E in connection with the zoning petitions will be paid by Pur- chaser. If the Purchaser requests, the Seller will (a) join in any applications needed in connection with the procedure for rezoning and/or variance and (b) join in and consent to any other reasonable documents required by the applicable governmental authorities; provided that the Seller shall not incur personal liability or expense in connection with any of the above. If the application is not made by May 15, 1986 or if a aforementioned 1 rezoning is not obtained by November �, 98 hen this Agree- ment shall be 'null and void, the parties shall be released from all of their obligations and the Deposit must be returned to the Purchaser. i i 9. Seller's Representations. Seller represents and war- rants to Purchaser and agrees with Purchaser as follows: (a) Seller has not entered into any leases, con- tracts, subcontracts, licenses, concessions, easements, or other agreements, either recorded or unrecorded, written or oral, affecting the Property, or any portion thereof or the use thereof. (b) Seller has no notice or knowledge oft (i) any pending improvement liens to be; made by any governmental authority with respect to the Property: (ii) any violations of zoning ordinances or other governmental regulations with`•�:.�'� respect to the Property; (III) any pending or threatened lawsuits or appeals of prier lawsuits with respect to the Property; or (iv)- any pending or threatened condemnatioA proceedings with respect to the Property. �. ID1182 (a) Seller is vested with good and marketable fee simple title to the Property subject only to the permitted title exception& as provided herein (d) Seller shall comply prior to Closing with all laws, rulear regulations, and ordinances of all governmental authorities having Jurisdiction over the Property. (e) The surface area of tht Property is at least 38090 square feet (f) Seller has received no knowledge and has no notice of any pending or threatened litigation relating to the Property. (g) Lots 6, 7 and 8 of the Property are presently Zoned CR3 -'7 (h) As of closing, all of Seller's representations and warranties shall be true and correct. (i) The Property is vacant land. The provisions of this paragraph shall survive the closing. f 10. Default Provisions. In the event of the failure or refusal of Purchaser to close this transaction, without fault on Seller's part and without failure of title or any conditions pre- ' cedent to Purchaser's obligations hereunder, Seller shall receive' the Deposit, together with all interest earned thereon, as agreed and liquidated damages forsaidbreach, and as Seller's sole and exclusive remedy for default of Purchaser, whereupon the parties shall be relieved of all further obligations hereunder. In the event of a default by "Seller under this Agree- ment, Purchaser at its options (i) shall have the 'right to re- ceive the -return of the Deposit, together with all interest earn- ed thereon, whereupon the parties shall be released from all fur- ther obligations under this Agreement, unless the default was caused by the willful act, omission, or misrepresentation of Sel- ler in which event Seiler shall continue to be liable for damages caused thereby, anything herein to the contrary notwithstanding: or, alternatively; and ( i.) shall have the right to seek specific. 1 . • L•J: .I:.. performance of the Seller's obligations hereunder, without there by waiving damages. s . 7 ,\ 1 018 Real estate and personal property takes► insurance► rents, utilities► interest► cost and revenues and all other proratable items shall be prorated as of the date of clos- ing using the MAX11Mum available discounts. In the event the taxes for the year of closing are unknown, the tax proration will be based upon such taxes for the prior year, and at the request of either party, such taxes for the year of closing shall be reprorated and adjusted when the tax bill for the year of closing is ireceived and the actual amount of taxes is _known. The provi- sions of this paragraph shall survive the closing. 12.- Improvement Liens. Certified, confirmed or ratified liens for governmental improvements as of the date of closing, if any, shall be paid in full by Seller by reducing the Purchase Money Mortgage, and pending liens for governmental improvements as of the date of closing shall be assumed by Purchaser, provided that where the improvement has been substantially completed as of the date of closing, such pending lien shall be considered certi- fied. 13., Documentary Stamps and Intangible Taxes. At closing, Seller shall pay the documentary stamps and surtax due on the warranty deed of conveyance; and the intangible tax due on the Purchase Money Mortgage. Purchaser shall pay the documentary stamps due on the Purchase Money Note. Each party shall bear the n recording costs of any instruments received by that panty, except that `Seller shall pay the recording costs on documents necessary to clear title. 14. Closing.- Subject to other provisions of, this Agree- ment. for extension, the closing shall be held at the offices of the attorneys for Purchaser, Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen a Quenkel, P.A., at 1401' Brickell Ave., Miami, Florida 33i31 thirty (30) days from the time that the City_; o Miami has approved the rezoning of the Property as provided in ' paragraph 8 hereof. Time is of the essence. Notwithstanding anything else to the contrary.contained herein;_(i) the Seller 33 -:r 1 00 18 -- - may# at its option, request the closing to be Oxtended to any business day between January 1 and January 1S, 1987 at no eolat to purchaser, and i i ) P%tfLdhaaer must obtain the rezoning on or b bef8ra mevAmber if Purchaser does not obtAfM ;;rk► way 3W /iPw cuing pursuant= to paragraph hereof by Novt�ber', 8. then this contract shall be null and void and all parties shall be released from their obligations and the Deposit shall be returned to Purchaser. Seller shall convey title to the property by good and sufficient Special Warranty Deed subject only to the permitted titleexceptions as provided herein, Seller agrees that at clos- ing, it will also deliver to purchaser: (i) an appropriate me- chanic's lien affidavit; (ii) an affidavit of exclusive posses- sion; (iii) appropriate assignments of all deposits, licenses, easements, rights -of -way, trade names, logos, contract rights, intangible rights and other property and rights included in this transaction. Purchaser shall execute the Purchase Money Note and Purchase Money Mortgage. Seller and Purchaser shall each execute such other documents as are reasonably necessary to consummate this transaction. 15 Brokers. The parties each represent and warrant to the other, that the only real estate broker, salesmen or finders involved in this transaction are Carlos Salman Realty, Inc. and Hopkins -Easton, Inc. (the "Brokers") to whomSellershall pay at closing a real estate commission equal to to be split equally between the Brokers, and the Seller shall indemnify, defend and hold Purchaser harmless from same. Seller shall be liable for such brokerage commission only if this transaction closes, If the Deposit is paid to Seller as a result of Purchaser's default, the Brokers .shall have a claim to said Deposit. If - a claim for brokerage in con- nection with the transaction is made by any other brokerf sales- man or f.inder claiming to have dealt. through or on behalf: of on., ID 1 8 '� of the parties hereto (the "lndethnitor*h said indemnitor shall indemnify and hold the other party hereunder (the "1ndemnitee") harmless from all liabilities, costs, fees and expenses whatso- ever (including reasonable attorney's fees and court costs) with respect to said claim for brokerage. The provisions of this par- agraph shallsurvivethe closing. 16. Assignability. Purchaser shall be entitled to freely assign its rights hereunder. In the event of an assignment, the assignor shall be relesed from any and all of the assignor's ob- ligations hereunder, provided that the assignee of such nights agrees to be fully bound by the terms and conditions of this Agreement as if said assignee were the original signatory hereto. 17. Inspections. .Purchaser, and Purchaser's agents and contractors, shall have the right until June 15, 1986, to enter upon the Property at all reasonable times for purposes of inspec- tion and making tests and studies thereon and to investigate the probabilities of the rezoning of a portion of the Property (the Inspection Period") provided that: (i) Purchaser shall indemnify, defend and hold Seller harmless for all liabilities, damages, claims, costs, or expenses for bodily injury, death, or property, damage resulting from any such test or study, and (ii) Purchaser will file and does file a rezoning application with the City of Miami on or before May 15, 1986 in accordance with paragraph 8 hereof. If, based upon his examination and investigation of the Property, Purchaser shall determine, in his sole discretion, tha` the Property is not suitable for its planned marketing and devel opment, or that the rezoning will probably be unsuccessful, Pu chaser shall have the right to terminate this Agreement by not! to Seller, whereupon Escrow Agent shall immediately 'return Purchaser the Deposit with, interest and each party "shall relieved of his obligations arising hereunder''.Seller -agree provide Purchaser with any plains, plate, surWcya; �eri4ine a reports and other* documents in,S+eller's possession which assist Purchaser in its investigation upon requestby s. eo- 0 , :,�. chaser Notwithstanding anything to the Contrary Contained hereitti if Purchaser roes not file for the regoning of the Propab erty in accordance with paragraph 9 hereof by May 19# 1986, this Agreement shall be null and void and each party Shall be released of his obligations hereunder and the deposit shall be returned to the Purchaser. 18. Additional_ _payfientg. In addition to the Purchase Price, Purchaser will pay to Seller a monthly amount of t • in advance commencing on June 15, 1986; and on the same day of each and every month thereafter until closing. in the event the closing does not take place due to title defect(s) or a fault attributable to Seller, these amounts will be reimbursed to Purchaser. Payments will continue to be made by Purchaser on a timely basis until such time as Seller receives notice from Purchaser that the Conditions Prece- dent cannot be met, in which event Purchaser shall be entitled to a refund of his deposit and Seller shall keep the Additional Pay- ments as compensation. If Purchaser does not obtain the 'rezoning approval by October 31, 1986, but obtains it before Novemble 0, 1986, then the payment for the thirty (30) dayfperiod t1tq1i9ng such approval shall be instead of �e2�-mil 19. Sellers Right to Sell and Purchaser's Right of First Refusal. Notwithstanding anything to the contrarycontained in this Agreement, after June 15, 1986, Seller has the right to sell the Property to another bona fide purchaseraslong .as such sale � o ...Lbe •,�-eya - er Fn• -Lam.L is .not contingenton rezoning, --f� ai,��, �c�'�-�..�--eEa-�� .abl-e t i t I e 9 Purchaser shall have a right of first refusal on any offers made. Seller shall provide to Purchaser a copy of the written purchase and sale agreement and Purchaser shall' have three (3) business days to notify Seller that he either elects to purchase the Property on the same terms and conditions or that'he`''' 1 1 ! l ♦ J s' �, 1 t -. ,. � it i tom' elects nok to urchase the Property. ZE; Fuchaerelects • '", "` P pe Y { _ got ,to' T purchase the Property, this Agreement shall be terminated,the, property shall be released from the zoning application, the'. parties shall be released from all of their Qbli4ati4ns,; and the Deposit shall be returned to the Purchaser, 0, sorow A nti The parties h@reby ind@Mnify and hold Escrow Agent harmlesa frost and AgAinst any lobs► liability, claim or damage Escrow Agent may incur or be exposed to in its capacity as escrow agent hereunder, except for willfully malicious con- duct. if there be any dispute as to disposition of any proceeds held by Escrow Agent pursuant to the terms of this Agreement, Escrow Agent it hereby authorized to interplead said amount with any court of competent jurisdiction and thereby be released from all obligations hereunder. The parties recTgnite that the Escrow Agent is the law firm representing Purchaser, and herebyagree that such law firm may continue to represent Purchaser in any litigation pursuant to this Agreement. 21. Notices. Any notices required or permitted to be given under this Agreement shall be delivered by hand or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to Purchaser at: Carlos Salman, Trustee 3191 Coral Way, Suite 401 Miami, Florida 33145 With copies to: Pedro A. Martin, Esq. Greenberg, Traurig, Askew, Hoffman, Lipof, f, -Rosen Quentel, P.A. 1401 Brickell Avenue, PH-1 Miami, Florida 33131 If to Seller: Richard H. Parker 5901 S.W. 74th Street Suite 404 So. Miami, Florida 33143 With copies to: Sol Patchen Bernstein, Patchen i Gold 12340 N.E.'6th Court No. Miami, Florida 33161 22.` Risk of Loss. The Property shall be conveyed to Pur— chaser in the same condition as on the date of this Agreement. ordinary wear and tear excepted, free of az tenancies or occu� .� pancies, and Seller shall not remove 'anything f rom the Prery 45: between the date of thia Agreement and *,closing, In the ' event - that all or any portion of the Property . is taken by eminent 12 t AA doMAin prior to closing# Purchaser shall have the option of either t (1) cancelling this A9reOment end receiving s refund of the Deposit# together with all interest earned therooft# whereupon both parties shall be relieved of all further obligations under this Agreement; or (ii) Purchaser may proceed with the closing in which case Purchaser shall be entitled to all condemnation awards and settlements. In the event that the Property is damaged or destroyed by fire or other casualty prior to closing► Seller shall have the option to repair and restore the Property to the Same condition as before the fire or casualty, and the closing shall be deferred for up to ninety (90) days to permit such repair and restoration. If Seller elects not to repair and restore or if Seller is unable to repair and restore within such ninety (90) day period, then Purchaser shall have the option of either: (i) cancelling this Agreement and receiving a refund of the Deposit (together with all interest earned thereon), where- upon both parties shall be released from all further obligations { under this Agreement; or (ii) proceeding with the closing in ' whichcase Purchaser shall be entitled to all insurance < proceeds and to a credit equal to the insurance deductibles. 23. Indemnity. Seiler shall indemnify and hold Purchaser harmless from any and all liability, including costs and attor- ney's fees: (a) To the State of Florida for sales tax due on any rentals or sales prior to closing, under Florida Statutes Section 212.10. (b) For any contracts for services to the Property existing now or at any time prior to closing. (c) For any personal property taxes remaining unpaid for calendar years prior to the year of closing. (d) For any utility charges not paid by the closing date. :. The provisions of this paragraph shall survive. the7. — _ ; I s . .•1i�'. i:r+, tip• ,•t �: closing, • ' 24. Miscellaneous. 's i. ,�.,*' . �Zr:!• k~Jelf ♦y•#e. i,„` 'l }• , Y= �' ., r.-r, ,.,. (a) This Agreem6nt shall be construed anc 4Qvgrn�ed ., in accordance with the laws of the State of Floridat 13 ; -a -i (b) in the event any tefM Ot provision of this Agreement be determined by Appropriatee udidial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect, W In the event of any litigation between the par- ties under this Agreomentt the prevailing party shall be en- titled to reasonable attorney's fees and court costs (d) to conatruing this Agreement, the singular shall be construed to include the plural, the plural shall include the singular, any gender shall include every other and all genders, and captions and paragraph headings shall be disre- garded. 25. Foreign - Inye'stment In (teal Property Tax Act. Ph - chaser shall have the right to demand from the Seller and the Seller shall deliver to the Purchaser prior to closing one of the following affidavits ("affidavit"), which shall beswornto by the Seller if the Seller is a natural person, or by an authorized individual on behalf of the Seller if the Seller isnota; natural person: (i) if the Seller is a natural person, an Affidavit which states the Seller's United States taxpayer identification number and home address, and that the Seller is not a "foreign person" within the meaning of the United States tax laws and to which reference is made in Internal Revenue Code Section 1445 (b)(2); or (ii) if the Seller is a corporation or otherwise not a r natural person, an Affidavit which states the Seller's employer identification number and office address, and that Seller is not a "foreign person" as above defined, and which states the state within ,the United States under which the Seller was organized and exists. If the Seller refuses or is unable to deliver to the Purchaser the appropriate Affidavit prior to closing, then the Purchaser shall have the right to withhold at closing an amount in cash equal to tern percent (10%) of the "Amount Realized', as such term` is defined by _Temporary Regulations Section 1.1445 11(9)(5), and the Purchaser shall forward such sum to the Inter nal Revenue Service as withholding tax under, internal Revenue.:- ' Code Section 1445, The Purchaser and the Seller shA 11 Ea,aj Arid vidually have the right (but Purchaser shall not 'hei +ob119edj,'..�. '� ,,i. •>,��; f' sC• / Div, ;��: prior to closing to make application to the Internal. Revenug;Sere'.* vice (the "Service") pursuant to 'Temporary Regulations Section T 14 C 62 1:1145-3T for sk wiehholdirng Mtific!ete (841thhoiding Certifie cat**) authorizing Purchaser to withhold a lesser amount of (or rho) taxi and if the Service duly issues such a Withholding Certi ficate prior to Closing, then the Purchaser shall have the right to withhold only th6 athount stipulated in the Withholding Certi" ficate and the Purchaser shall forward such aitount to the Inter- nal Revenue Service as withholding tax under Internal Revenue Code Section 1445. It is the intent of this paragraph to enable Purchaser fully to comply with internal Revenue Coe Section 1445 and related sections and regulations# as modified and amended from time to time; in futherance of this intent, seller shall comply with all reasonable requirements of Purchaser which are intended to effect such compliance. 26. Entire Agreement. This Agreement constitutes the en- tire agreement between the parties and may not be changed, alter- ed or modified, except by an instrument in writing signed by the party against whom enforcement of such change would be sought. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. _EXECUTED as of the date first above written in several coun- terpartst each of which shall be deemed an original, but all con- stituting only one agreement. Signed in the presence of: SELLER: Awl RICHARE) ER, Trustee (As to Sellers PURCHASERt i . •. Ja -: R �� Its-j y*. `� "`"A�'s; * _ ... ,;1,"* : �f'�!�:.. ,• ., • f�►•,I�,,, .. �•!•it•rT2 Milr,il�lr 1t4)L'1. _ CARiOS S AN jrueC i"'/ !/�� + ,,' ,.T 4 s � .+�4 i �rwr Tye S1 �F. .7 r • �.;t"" f� 0182 ■ at they► Ate the Only brokers entitled The Stoket9 jokn iW + that the Brokerage Cis ►i to a cot mission and they agree to reeeiva pion get forth in paragraph 15 As full co"anaation to them for. this closing. CARLOS SALMAN REALTY, INC. yt BOPK114S-EASTON, INC- By-. jr +`!' � r*� � ... . ,� � tie t t. t•T 'r� ' fl��+a t sn'+�' �.6 5� i ; •!s,r, `a•. • � + 1 *. ��a .. r •>•y •s n: # �. T � J .}9 - _. to .'i � �. �� h �'� r;.- •} g • ,M .� .7 to i *�� t � i oIS r r 77 r Will" fiEE LtNDEISIONE5 Eserov Agent hereby acknowledges receipt of, e Cheek # subject to olearAnre, in the whoa ►t o to be held as the bePosit pursuant to the foregoing Agreement ESCROW AGENT! GREE14SMr;, TRA►tJRtG r ASKVW; ROFFYAN r LtPOJPF t ROSEN G QUENTELI P.A. By: PEDRO A. MARTIN# Esq. —r t, r I 1' Lot 6, less Coral tray Street; Lot It less the following strip, for street purptses Beginning at the Northwest corner of said Lot 7, thence run South on the Wiest line of said Lot 7a distance of 24.02 feet more or less, to a point; thence 'run Bast 50 feet, more or less, to a point on the Last line of said Lot 7P said point being 34;0 feet South of the Northeast corner thereof; thence run North 34.0 feet, more or less, to the Northeast { corner of said Lot 7 thence tun West 50 feet, more or less, to the point of beginning, all in Block 5, MIAMI SUSUP13AN ACMES, according to the Plat thereof, recorded in Plat -Book 4, at Page 73, of the Public Records of Dade County, Florida; and Lot 8, -less the North 34 feet, in Block 51 MIAMI SUBURBAN ACRES, according to the Plat thereof, recorded in Plat Book 40 at Page 730 of the Public Records of Dade County, Florida. • and Lots 23, 24 and 25 less the South 10 feet thereof in Block 5, MIAMI SUBURBAN ACRES, according to the Plat thereof, recorded in Plat Book 4, at Page 73, of the Public Records of Dade County, Florida. 4 f i i . } E- fps CIiY OF MIAMI. FLOR10A INTCR•OFFICE MEMORANDUM86 OCT —6 P 3 :54 �AfiE October 1; 1986 e1lE •O Aurelio Perez--Lugones, Director Planning and Zoning Boards Amdini5tratio5USjE=_ Listing of Exempt Plan Amendments for Calendar Year 1986; Miami Neighborhood Plan ' Comprehensive (Sept. 1985); Per Chapter 163 F.S. OEPERENCES FROM odriguez, Director ENCLos�aEs /Pdging Department Enclosed please find the September exempt 30, 1986, plan status of the above referred p, amendments. SR/JWM/dr ENCLOSURE cc: Tony O'Donnell Greenberg Trauriq et al Brickell Contours_ 1401 Brickel1 Avenue Miami, FL 33131 - Art Berger Broad ana Cassel One Biscayne lower, Suite 3s3 Miami, fL ;3J131 A x *14 ,oa, 7 i rUl>It� '1' '8 OCT -6 P, OF MIAMI PLANNING DEPAgtMENT STATUS 9/80/86 CITY OF MIAMI MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN: EXEMPT PLAN AMENDMENTS FOR CALENDAR YEAR 1986 PER CHAPTER 163 F.S. AREA SQUARE FEET ACRES I. ORDINANCE - [J-86-695 (A) AND (B)] - MIAMI 490000 1.125 COMPREHENSIVE_NEIGHBORHOOO PLAN AMO APPLICANTS)/OWNER(S)t Kaituma Properties, NV (Owner of Lots 26-29) Richard A. Parker, Trustee (Owner of Lots 23-25) Carlos,Salman, Trustee (Contract for Purchase) ATTORNEY : Anthony J. O'Donnell, Jr, Esq. 1401 Brickell Ave PROPERTY ADRESS(ES) : Approx 3427-3523 SW 22 Terr PETITION: Consideration of amendments to a) the Miami Comprehensive Neighborhood Plan 1976-1986 by changing the designation of the subject property from Low and Moderate Density Residential to Restricted Commercial and b) the proposed Miami Comprehensive Neighborhood Plan by changing the designation from Low and Moderate Density Residential to Commercial -Residential'. First Reading: September 25, 1986 Second Reading: Effective 2. ORDINANCE [J-86-696(A) AND (B)] - MIAMI 12,566 0.288 COMPREHENSIVE NEIGHBORHOOD PLAN AM0 APPLICANTS)/OWNER(S): Kaufman and Roberts 7445 NW 12 St s ATTORNEY Arthur Berger, Esq One Biscayne Tower, Ste 333 PROPERTY'ADDRESS(ES) Approx 3591 SW_22 Terr PETITION Consideration of amendments to a) the Miami Comprehensive Neighborhood Plan 1976-1986 by changing the designation of the subject property from Low to Moderate Density Residential to Restricted Commercial and b) the proposed Miami Comprehensive Neighborhood Plan by changing the designation from Low to 'Moderate Density Residential to Commercial -Residential. First Reading September 25, 1986 Second Reading; Effective -Ad .i"� E adic Armes"o— rc r."ere t1 e Loot „' a 1 .0 �v Jat l�. 0��. d �.1 lvil`�W.i ilg Resol,ation and moved its adoption RESOLUTION PAB 22-86 RESOLUT CN TO RECOMMEND APPROVAL TO THE L1TY COIAMISSION OP AMENDING A) THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1976-1986 BY - CHANGING THE DESIGNATION OP APPROXIMATELY 3427-3523 SW 22 TERRACE, ALSO DESCRIBED AS LOTS 23 THROUGH 29 INCLUSIVE LESS THE SOUTH 10', BLOCk 5; MIAMI SUBURBAN ACRES AMENDED (4-73) P. R. D. C. PROM LOW TO MODERATE DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL AND B) THE PROPOSED MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE DESIGNATION PROM LOW MODERATE DENSITY RESIDENTIAL TO COMMERCIAL - RESIDENTIAL. Upon being seconded by Mr. Donald Benjamin, the motion was passed and adopted by the Following votes AYES: iris. Hadley Messrs. Lopez, Armesto-Garcia, Asmar, Benjamin, Gomez, Manes, Pedraza and Simon NAYESs None. ABSENT* Ms. Spohn Mr. McManus: Motion carries 9 to 0. July 2, 1966, item 1 Planning Advisory Board CITY OP MIAMI bADt COUNTY, FLORIbA LEi3AL NOTICE MIAMI ` r MIAMI REVIE All interested persons will take notice that on the 25th day of Published Daily except Saturtlay, Sunday November; 1986, the City Commission of Miami, Florida, adopted the and Legal Holidays following titled ordinances: Miami, Dade County, Florida. ORDINANCE NO. 10182 STATE OF FLORIDA COUNTY OF DAOE: AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE ` NEIGHBORHOOD -PLAN AND ADDENDA (September 1985) Before the undersigned authotit Sookle, Williams, who on oath saysythat shells theaVice FOR PROPERTY LOCATED AT APPROXIMATELY 3427.3522l President of Legal Advertising of the Miami Review, a daily DEE CRI BED HEREIN) BYCHANGNGR HE DESIGNATION (szospt Saturday, Sunday and Legal Holidays) newspaper, OF THE SUBJECT PROPERTY FROM LOW -MODERATE DEN• published at Miami in Oade County, Florida; that the attached SITY RESIDENTIAL TO COMMERCIAL -RESIDENTIAL; MAK• copy of advertisement, being a Legal Advertisement of Notice In the ING FINDINGS: AND. CONTAINING A REPEALER PROVI- matter of SIpN AND A SEVERABILtTY CLAUSE: CITY OF MIAMI ORDINANCE NO. 10183 ORDINANCE No. 10182 AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 3591 SOUTH. WEST 22NDTERRACE (MORE PARTICULARLY DESCRIED HEREIN) BY CHANGING THE DESIGNATION OF THE SUB in the Xxx JECT PROPERTY FROM LOW -MODERATE DENSITY RESI- ...... ,. • ........Court, DENTIAL TO COMMERCIAL -RESIDENTIAL; MAKING FIND - was published in said newspaper in the issues of INGS; AND, CONTAINING A REPEALER PROVISION AND A Dec 8 . 1986 SEVERABILITY CLAUSE. ORDINANCE NO. 10184 AN EMERGENCY ORDINANCE ABOLISHING THE PLANNING Afflant further says that the said Miami Aeview i nawapaperpublished at Miami s a AND ZONING BOARDS ADMINISTRATION DEPARTMENT AND CONSOLIDATING' THE FUNCTIONS OF SAID DEPARTMENT in said Dade County, Florida. and that the said newspaper has heretofore bean continuously Published !n said Qatle County, plorida. each day Saturday, WITH THE BUILDING AND ZONING DEPARTMENT, ALSO PROVIDING FOR THE TRANSFER TO THE BUILDING AND (except Sunday and Legal Holidays) and has been entered as second class mail matter at the ZONING DEPARTMENT OF FUNDS, PERSONNEL (EXCEPT Post office in Miami in said 0adsCounty, Florida, for a perioof one year next preceding the tint publication of the attached FOR THE DIRECTOR), RECORDS, AND EQUIPMENT CURRENTLY BUDGETED FOR THE PLANNING AND ZONING copy of advertisement: ano Attie further says that she has neither paid nor promised any pe firm or corporation any discount, BOARDS ADMINISTRATION DEPARTMENT; FURTHER PRO - VIDING rebate. commission or of rid for the purpose p securing this advertisement for pu It tine in the said newspaper. FOR FUTURE REAPPROPRIATION OF SAID ' BUDGETED FUNDS AND AUTHORIZING THE EXPENDITURE OF SAID FUNDS BY THE BUILDING AND ZONING DEPART- MENT; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE. ORDINANCE scribed before me this N0. 10185 _ $' U % y`{Or • • • • A p, 19 86 AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 30, APPEALS FROM DECISIONS OF ZONING 3 �t ADMINISTRATOR AND DIRECTOR OF THE DEPARTMENT 3 ` \`�C}1, L►�4�ry/ u�tpil5 5 ate ciFFlorida at Large OF PLANNING, BY AMENDING SECTION 30D4 OF SAID ARTI- CLE. ENTITLED, 'SETTINGHEARING DATES; NOTICE", TO i (SEAL) :- ' •, DESIGNATE THE DEPARTMENT OF PLANNING AND ZONING S,-� , �� My CommftiojeQyuf -990. BOARDS ADMINISTRATION; RATHER THAN THE ZONING BOARD, AS THE AGENCY TO SET THE DATE FOR THE HEARING OF AN APPEAL FROM DECISIONS OF THE ZONING ADMINISTRATOR AND DECISIONS OF THE DIRECTOROF THE DEPARTMENT OF PLANNING. ' Said ordinance(s) may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami; Florida, Monday through Friday, excluding holidays, between the 'hours of 8:00'A.M. and 5:00 P.M. MATTY HIRAt_ CITY CLERK CITY OF MIAMI, FLORIDA 104107) 1218 86.120818M ;a : 'A Zia :