HomeMy WebLinkAboutO-10168' t
d=86--695 (a )
10/2 3/86
ORDINANCE NO.
AN ORDINANCE AMENOINO THE MIAMI COMPREHENSIVE
NEIGHRORHOOD FLAN 1976-1986 FOR PROPERTY
LOCATED AT APPROYTMATELY 3427-3523 SOUTHW88T
22ND TERRACE (MORE PARTICULARLY DESCRIBED
HEREIN) BY CHANGING; THE DESIGNATION OF THE
SUBJECT PROPERTY FROM LOW -MODERATE DENSITY
RESIDENTIAL TO RESTRCCTEb COMMERCIAL; MAKING
FINDINGS; AND, CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, on July 2, 1986, the Planning Advisory Board, at an
advertised public hear.inq, Item 1, adopted Resolution No,
PAID 22-66, by a vote of 9-0, RECOMMENDING APPROVAL of an
amendment to the Miami Comprehensive Neighborhood Plan 1976-1986,
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 best interest of the
general welfare of the City of Miami and its inhabitants to grant
this Comprehensive Plan change 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
1976-1986, is hereby amended, except as provided in Section 2
below, 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 Restricted
Commercial.
Section 2. 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 LOW-MODERATR DENSITY
RESIDENTIAL designations until specifically designated otherwise
by subsequent City Commission action,
Section 3. tr is hereby found that this Comprehensive
Plan designation change!
a. Is necessary riue to chanced or changing
coneitions
b. tnvolvps a residential land use of 5 acres or less
and a density of. 5 units per acre or less or
involves other land use categories, singularly or
in combination with residential use, of 3 acres or
less and does not, in combination with other
changes during the last year, produce a cumulative
effect of having changed more than 30 acres.
C. The property which is the subject of this
amendment has not been the specific subject of. a
Comprehensive plan change within the last year.
d. The herein amendment does not involve the same
owner's property within 200 feet of property
provided a Comprehensive Plan change within the
last 12 months.
Section 4. All ordinances, code sections, or parts
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 be
invalid, the same shall not affect the validity of the ordinance
as a whole.
PASSED ON FIRST READING BY TITLE ONLY this gs+.h day of
September , 1986.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 23rd day of October r"�9'�'e-- p
.M
ATT
MAXTTY HIRAI
CITY CLERK
PA8PARSD AND APPROV80 8y:
L E, MAXWEL,
t8TANT CtT ATTORNEY
APPAVgfi AS TO FORM AND CORRECTNESS:
,:.FW �— A. n m s uvula:
CITY ATTORNEY
JEM/wpc/ab/MO57
I. Wtty Hirgi. (jerk of the t�ty of Mianti. Fliaridn,
hereby c vdfy that on the � � c y of . __
A. D. 192 fulL true and correct coliv of the mho e
and f, regoing ordinance was lx)stwd at tite 5-tuth Do,►r
of the Dude County (hurt House at the -,,tct:e pravided
for nuticLi and publi saiuns by attaching said copyto
the place providO therefor.
Wi'CN1:,SS my ltan
' n e offi -'al seal of said
LUY this.... da) of . 190„
i
( ity Clerk -
A
I
rw A Vie,_.
y.j
Matty Hirai, City Clerk
Attn: Sylvia %owTnan, Deputy City Clerk
do 1 B. Maxwell
sis'tant City Attorney
December 1, 1�86 "
ordinances 10168, 10169 and
10111
Pursuant to instructions of the City Commission clarifying
their intent as to "transitional boundaries" for parcels which
are the subject of land use changes in the subject ordinances,
this Office has prepared three (3) new ordinances numbered 10168,
10169 and 10171 which should be substituted in lieu of, and
pursuant to the City Commission's instructions, for the
Ordinances presently in your files.
The changes involve Section 2 of each ordinance in that they
delete references to portions of a 1 foot strip around the
borders of certain lots.
It is clear from the City Commission's instructions that the
1 foot strip was intended to border the Southerly 1 foot of said
lots only.
The amended Ordinances have been prepared as a consequence.
Only the first two lines of Section 2 of each ordinance have been
actually amended. But we have prepared entirely new ordinances
to keep down confusion.
Should you have any questions, please feel free to contact
this Office.
JEM/db/P021
Attachments
co
cc: Sergio Rodriguez, Director - Planning Department U)
Attn.: Guillermo Olmedillo, Chief Neighborhood Division
Lucia A. Dougherty, City Attorney
cc: Law Department
NOTE: Planning Department recommends: DENTAL
0
. CITY OP MIAMI. FLORIDA
P
r 1N°r'ER=OPFICE Mf=Mbf7ANDUM
7A
The. Honorable Mayor and Members..DATE October 10., 1986 FILE
of the City Commission
SUBJECT ORDINANCE - RECOMMEND APPROVAL
AMD TO COMPREHENSIVE NEIGHBORHOOD PLAN
APPROX 3427-3523 SW 22 TERR
CF bt Cesar H. Odio REFERENCES
City Manager COMMISSION AGENDA - OCTOBER 23, 1986
ENCLOSURES PLANNING AND ZONING ITEMS
It is recommended by the Planning Advisory Board
that an amendment to the Miami Comprehensive
Neighborhood Plan 1976-1986 by changing the
designation of the subject property from Low to
Moderate Density Residential to Restricted
Commercial 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 advertised earing, adopted Resolution PAB 22-86 by a 9 to 0 vote
recommending approval of an amendment to the Miami Comprehensive Neighborhood
an 1976-1986 by changing EFF—ffe`si gnati on of approximately3427-3523 SW
I Terrace, aTso described as Lots 23 through 29 inclusive less the S 10 oc
MIAFII SUBURBAN ACRES AMENDED (4-73) P .R .D .0 ., from Low to Moderate Density
r Residential to Restricted Commercial,
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
Oft
M
APPLICANT
PETITION
REQUEST
BACKGROUND
ANALYSIS
PLANNING FACT SHEET
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.
1. APPROXIMATELY 3427-3523 SW 22ND TERRACE
Lots 23 through 29 inclusive
less the S 10'
Block 5
MIAMI SUBURBAN ACRES AM (4-7 3) P .R .D .0 .
Consideration of amending the Miami
Comprehensive Neighborhood Plan 1976-1986 by
changing the designation of the subject property
from Low to Moderate Density Residential to
Restricted Commercial.
To amend the Miami Comprehensive Neighborhood
Plan.
State legislation requires that proposed plan
amendments be reviewed by the Florida Department
of Community Affairs (90 days) before local
government (City Commission) can take
substantive action.
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. There
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 #1
Page I
RECOMMENDATIONS
PLANNING DEPT.
PLANNING ADVISORY BOARD
CITY COMMISSION
There are no substantial reasons 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,
Denial
At its meeting of J my 2, 1986, the Planning
Advisory Board adopted Resolution PAB 22-86 by a
9 to O 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.
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 passed the above on First Reading.
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LAW OrrICE4
0I:tEEN0ER0, TAAURIo, ASKEW, HOPPM AN, Uporr, AOSEN & OUENTELI P. A.
—t-At. O ALBE+iTINE
rE4NANDO.It ALONSO
CESAR L ALVARO
DVOOLPH r ♦RAGON
PICHARO. A ARk1N
aEJ61N O 0 ASKEW
KER416 BARS.
w ILAP1E BASS
ALYSSA M BAUMGARTEN
RICHARD D BAYTER
NORMANa BENrORD
SCOT? M BERNSTEIN
MARK D. BLOOM
BURT BRUTON
STEVt BULLOCK
ROBERT K 156Ii1LINGTON
J PHILLIP CADVER
ALAN 4,CHASE
SUE M COBB
KENDALL B COrrtY
KATHYA OARASZ
MARK B DAVIS
JErrREY 0 OE CARLO
OSCAR.0 OE LA GUARDIA
ALAN T DIMOND
CHARLES W EDGAR, M
GARY M EPSTEIN
THOMAS K EOUELS
DIANE D rERPAPO
LAURA A GANGEMI
RICHARD G GARRETT
B PIAN K DART
DAVID J GAYNOR
LAWRENCEG000rSKY
ALAN S GOLD
HARVEYA GOLDMAN
STEVENE GOLbMAN
9TEVtN M GOLOSMITM
MATYwtw 6 GORSON
DIANNE G4tEN8t4G
MtLVIN N GREtNBERG
MARILYN O GRtENBLATT
ROBEPTL GROSSMAN
KtNNETw C wOrrMAN
LARRYJ HOrrMAN
MA4COS b JIMENEZ
MARTIN KALb
ROBERTA KAPLAN
JOELJ KARP
JUDITH KENNE"
TIMOTHY E KISH
ALAN B KOSLOW
STEVEN J KRAVITZ
STEVEN A LANOY
ALLEN P LANGJAMR
ALAN S LEDERMAN
it"wrY E LEVEY
LAWRENCE 0 LEVY
NORMAN H LIROrr
CARLOS E LOUMIET
JUAN P LOUMIET
MICHAEL J MARCHESE
PEDRO A MARTIN
-
JAY A MARTUS
JOEL D MASER
ALICIA M MORALES
ANTHONY d O'DONNELL. JP
JULIE K OLOEHOrr
Mr. Sergio Rodriguez
Director,. City of Miami
Planning Department
275 N.W. 2nd Street
Miami, Florida 33128
DEBBIE M OFISMErt"
MARA A PACI+MAN
STEVAN J PA000
OLGA DARPA
MARSHALL P RASTEMNACK
BYRON G PETtD9EN
ALBERT D OUENTtL
JOEL PEINST8IN
MARK J DEISMAN
HIS REITER
NICHOLAS ROCKWELL
RAOUEL A RODRIGUEZ
MARVIN S ROSEN
RICHARD A POSENbAUM
RONALD M ROSENGAPTEN
DAVID t ROSS
ROBERT 0 RUSIN
KAREN O PUNDOUIST
STEVEN T SAMILJAN
GARYA SAUL
CLIrrORO A SCHULMAN
MARLENE K 'SILVERMAN
STUART H SINGER
TIMOTHY ♦ SMITH
LAURA P STEPHENSON
SAMUEL SUSI
GARY P TIMIN
ROBERT H TRAUPIG
MARIANNE A VOS
JONATHAN M-WAPNER
DAVID M WELLS
JERROLD A. WISH
TIMOTHY D WOLrE
SHEILA F. WOLFSON
June 12, 1986
AMBLED H MOSS JD
ZACMARY w WOLrr
Ow COUNSEL
MIAMI orr.Ct
BPICKtLL CONCOURS
1401 BPICKELL AVENUE
MIAMI. rLOP10A 33131
TELEPHONES
MIAMI (305) 579 -0500
BROWARO (305). 523 8111
TELEX 80.34A
TELECOPY (305)579.0718 • 579 0717
WEST PALM BEACH OrrICE
100 SOL:TH OIXIE HIGHWAY
WEST PALM BEACH, rLORIOA 33401
(305)659,6333
TELECOPY (305) 6 59 - 6354
BROWARO OrrICE
SUITE 1650
110 EAST BROWARD BOULEVARD
rOPT LAUDERDALE, rLOPIOA 33301
(305) 765.0500
TELECOPY (305) 765 ,1477
Re: Request for Amendment to Comprehensive Plan/
Carlos Salman
Dear Mr. Rodriguez:
WRITER S DIRECT NO
PLEASE REPLY TO:
MIAMI OrrICE
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,
11 01
1
Mr. Sergio Rbariguez
June 120 1986
Page 2
Please place this flatter 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 matter.
Yours very truly,
Robert A. Kaplan
RAK/dk
cc Joe McManus
Anthony J. O'Donnell, Jr., Esq.
Carlos Salman
Aurelio Perez-Lugones
Gloria Fox
VE, F.1, -2, A V.
STATE OF MtU:A)
SS.
M, OF DADE
Before Me, the undenigned authority, thil day PertorAlly
Appeared JR,
o • who being by Me fiftt duly gwtrn,
upon oath, deposes and says.,
1. That he it the bier, , or the legal representative of the
owner, submitting the actunpanying application for a public hearing as
required by Ordinance No. 9600 of the Code of the City of Miamij Florida,
effecting the real property located in the City of Miami as described and
listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, If any, have given their
full and complete permission for him to act in their behalf for the change
,)r modification of a classification or regulation of zoning as set out in
the acco-npanying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, mailing addresses, phone numbers and
legal descriptions for the real property which ne is the owner or legal
representative.
4. The facts as represented in the application and documents
submitted in conjunction with this affidavit are true and correct.
P'urther Affliant sayeth not.
SEAL)
(N
ANTHONY. O'DONNELL, JR.
Attorney for Owner
Sworn to and Subscribed before me
this 4_
Of lq&�
I hLblic, '50�- of'FlOridd at
My ConTdssion Expires:
poi ART P1Vt1C SWE Of FOMA
MI CQXm41!:1,4 (IMP. MAT 40,1769
&CO,pip i;RU GEALW IN$- 001
Wk
NiNto's LIST
owmer'Z Name�...'"'._: fti.�.s.
elb Ahthbty Ji C'Dthtell, Jfi, Est
)iaiIih% A46isttt tree he Trau et . ► 1401 13rickeII Avenue
Miami► Florida 33131
'telephone Nu�°,be� 3D51 S%��6603 _ _
Legal hteript m,
,tots 26 through 29 less the south 10 feet thereof,
Block 5, MIAMI SUBU"9N ACRES AMtNDtb
14-73)
Owner's Nang .�. l2iohat3 H_._ Parker, • Tru,tee..._ (bwne of iteodl+=.
c/o Anthony J. O'Donr,eil, Jr., Esq,
Mailing Address GYeeibur 7`r rib, et a1: 1401 trickell Avenue
Telephone Number
Miami, Florida 33131
_ (305) _579r0603_
Legal bescription-6
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 Greenbera. Traurig, et al,, _ 1401 Brickell Avenue
Miami, Florida 33131
Telephone Number (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 corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address Legal Description
Kaituma Properties, N.V.
_(Owner of Record)
3410-3498 S.W. 22 Street
Street Address
Richard H. Parker, Trustee
(Owner of Record)
3500 S.W. 22 Street
Street Address
Carlos Salman, Trustee
(Contract to Purchase)
-3500 S.M. 26 Street
Lots 3, 4, and 5,
Block 5, MIAMI SUBURBAN
ACRES AMENDED (4-73)
Legal Description
Lots 6, 7, and 8,
Block 5, MIAMI SUBURBAN
ACRES AMENDED (4-73)
Legal Description
Lots 3 through 8,
Block 5d MIAMI SUBURBAN
ACRES A.!:ENDED (4-73)
W
0
toles
oil
farm ` tr NMI MP
(Owners of Record)
teal dose.—.iprion a�d street address of Subjeft real prelperty.,
Lots 23 through 25 less the southh 10 feet thereof, Block 5,
Approximately 3427-1485 S.W. 22 Terrace
Niam- , `V%triaa
2. rw o MLjevt real a `• rsd Pereentage Of owhtrship.
Note t City of Mi at+i Ordihance No. 9419 requires disclosure of all parties
aV1ng a financial intarest+ either direct or indirect, in the subject
ffiatttr of a presentation# request or petition to the City Comissi0n.
Accordingly# question #2 requires disclosure of all shareholders of
cotpbratiors, benetie'aties of trusts, artd/or any other interested parties,
togetrher with their addtesses and proczrtionate interest.
1. Harold Most (60%)
5901 SiW. 74 Street, Suite -404
Miami, Florida 33143
2. Richard H. parker (40%)
5901 S.W. 74 Street, Suite 404
Miami, Florida 33143
3. Lecal 6escription and street address of any real property (a)
owned by any party listed in answer to question J2, and (b) located withi:.
375 feet of the sub. ect real property.
Lots 3, 4, and 5, Block 5,
MIAMI SUBURBAN ACRES AMENDED (4-73)
16, Approximately 3410-3498 S.W. 22 Street,
Miami, Florida
%,NER OR WpkqEy FOR OWNER r
A THONy S. DONI=, JR.
Attorney for Owner
STATE; OF FLORIDA ) SS:
COUNN OF DADE )
Anthony J,
o'Donnellf Jr. being duly
sworn, deposes and
says that ne is the
,
(C,,ner) (Attorney for owner) of
he has
the real
read the
property
foregoing
described in answer to question #1, above; that
answers and that the
sire are true and complete; and (if
Disclosure
acting. as
of
attorney
Ownership
for owner) that he
has authority to execute this
form on behalf of the owner.
(SEAL)
Name
ANrrM J . o'
DONNE L,
JR ,
5w09M 'tQ P,t SUSC'
before this /
day O
M1' FY.Fi'a:
. fn
Florida at 1!er9e
I r+• +a w �
i
/01
r.
n
(OWFIers of teGord)
1, tooial description &M street address of subject real premnyt
Lots 26 through 25 less the south 10 feet thereof,
MIAMI tUtOASAN ACktg A9t9btb (4-73 )
3451.3523 S.W. 22 Terrace
3. Ownet(s) of sum;tntt real pros, and per eentage of ownership.
Mote! City of Miami Ordinance 'No, 5419 requires disclosure of all patties
avinq a i1namcial interest* either direct or indirect, in the subject
matter of a presentation, request or petition to the City Cotnnissi0m-
Accordinglyt question 42 requires disclosure of all shareholders Of
corporations, beneficiaries of trusts, and/or any other interested parties,
toSPther with their addresses &A procortiomate interest.
XAITUMA 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.
3436 Ccral Way, Suite D
Miami, Florida 33145
3. Lecal description and street address of any real property (a)
owned by any party listed in answer to question V, and (b) located With*:.
375 feet of the subject real property.
Lots 6, 7, and 8, Block 5
MIAMI SUBURBAN ACRES AMENDED (4-73)
Approximately 3500 S.W. 22 Street
6
STATEOF FIDRIDA ) SS:
COLANW OF DADE )
i
OWNER OR ,,, &qb'Y FOP. C► vNEP.
AMMONY `O' D0,'J=, JR.
Attorney for Owner
Block 5,
Anthony J. 0' Ibtznel.l, Jr. being duly sworn, deposes and
says that ne is the (caner) (Attorney, or Owner) of the real property
described in answer to question #1, above; that he has read the foregoing
answers and that the szne are true and complete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner,
_Te
XrMCW J, 0' DOIVE(I., JR.
before this
day of
Flo -ida at Large
Mor"Y PUAM ,FATE OF FLCA10A
A:
01
DI W =U r, 1. 0 �rb& 4tP
(Contract purchaser)
i.tAgal description and street address of subject real property.
Lots 23 through 29 less the south 10 feet thereof,
Block 5, MIAMI SUBURBAN ACRES AMENDED (4-73)
Approximately 3427-3523 S.W. 22hd Terrace
2. Owner(s) of subject real property and percentage of ownership,
Mote: City of Miami Ordinance i;o. 9419 requires disclosure of all parties
Ong a financial interest; either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission,
Accordinglyt question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and prarortionate interest.
Carlos Salman, Trustee - 100%
Beneficiary:
Carlos Salman
3191 Coral Way
Miami, Florida
(100%)
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 throuah
MIAMI SUBURBAN
3500 S.W. 22nd
Miami, Florida
STATE OF FLORIDA ) SS:
COGNI Y OF DADE )
8, Block 5,
ACRES AMENDED (4-73)
Street
a NER OR A FSJZY FOR O►vNER
ANTMONY J. VD6NNELL, JR.
Attorney for Owner
Anthony J. O'Donnell, Jr. r being duly sworn, deposes and
says that ne is the <Gwner) (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 coaplete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
SHORN 70 pt� sUBSC BED
before me tnis
day of .T9s�c.
r/
11Lri[AAS�
(r )
ANTHONY O' DONNELL, JF.;`
Z,
Flo ids at L¢��
§ irq+ r n
(over)
6S
n S ACRMNT (the "Agreement") is made and entered into as of this 1
day of Ida.rth., 1986, by and between KAITU A PROPP,RMS N.V,, a Netherlands Antilles
ebrporation ("Seller"), and Carlos Selman, 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 0ounty,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:
(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-=
r ership and/or operation of the Realty.
(d) All of Sellers rights in and to the name of the building on the Realty,
.J if any, and general intangible rights pertaining to the ownership and/or oper-
ation of the Realty.
,r
:} (e) All stripes, gores, easements, privileges, rights -of -way, riparian and
. other water rights, rights to lands underlying any adjacent streets or roads,
.� 5 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 w',ich
shall be held as an earnest money deposit (the "Initial 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
gum of to be held together with, and on the
samV terms and conditions as# the Initial Deposit. Once the Additional Deposit is paid
10168
to tw6w Agent, the term "Deposit" shall mean the Initial Deposit Plug the Additional
btpbtitt 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, certificate of deposit or repurchase agreement maintained with or issued by
a commercial batik or savings and loan association doing business in Dade C60hty,
Plorida, All interest atcured or earned on the Deposit shall be paid or credited to
Purchaser except in the event of a default by Purchaser hereunder, 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 wile
full negligence.
4. Terms of Pavment.. The Purchase Price shall be paid to Seller as followst
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
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
a vqorf Seller a Purchase Money Note (the "Purchase Money Note") in the principal am-
n I
ou . bearing interest at the rate of nine and one-half percent (9-1%)
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 following acceptance of this Agreement by both
Partieso Seller, at Seller's expense, shad 4el-iv
er to Purchaser's attorneys, Green-
berg, Travri$, Askew, Hoffman, Lipoff, Rosen Qvente .I, P.A., Attention; Pedro A.
10168
Martin, Esq., a coMplete abstract of title setting forth all matters 6f redoird affect.
ting the title to the Realty from earliest public records to a date subsequent to the
date of this Agreement, The abstract shall be retohtihued at Rurthaser's expense with-
in thirty (30) days before Closing. Upon closing of this transaction the abstract shall„
become the property of Purthaser. 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 encumbrances, except the following:
(a) Ad valorem real estate taxes for 1986 and subsequent years;
(b) All applicable toning 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.
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 Owner'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 b g- y 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 o'IQ-
sing may be extended foi a period not. Co exceed ninety (90) days for purposes of
eliminatin$ any title defects, In the event that Seller does not eliminate such defect's.
�3�
as of the date of closing as the sane relay be wended under the preceding sentence,
Purchaser shall have the option of either! (i) tlosing And accepting the title "as
is", without reduction in the Purchase Price (except for any lien that can be removed
by the payment of thoney or bonding) and without claim against Seller therefor; or
(ii) tantelling this Agreement, in which event Eldrow Agent shall return the Deposit,
and all interest earned thereon to Purchaser, whereupon both parties shall be re-
leased from 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 written notice to Seller given by closing (or earlier date if specified
otherwise), in which event the Escrow Agent shall return the Depasit and allinterest
thereon to Purchaser, whereupon both parties shall be released from all further obli-
gations under this Agreement.
8, Additional Payments. In addition to the Purchase Price, Purchaser will pay to
Seller a monthly amount of in advance commencing
9v rs l•,r lit d.#r V` eWVfVfiFn of WOIJ C0171rilcl
and on the same day of each
and every month thereafter, In the event the closing does not take place due to title
defect() or a fault attributable to Seller, there amounts will be reimbursed .to Pur-
fv chaser, Payment$ will continue to be made by Purchaser on a timely basis until. such
�4�
1 0168
r
time as Seller receives notice from Purchaser that the Conditions Precedent cannot
be Itet, in which event Purchaser shall be entitled to a refund of his deposit and
Seller shall keep the Additional Payments as coitpensatiOM, If the closing takes
place Seller agrees to give to Purchaser a credit equivalent to the amounts received
as Additional Payments, which amounts shall be reduced froebthe of the
Purchase money Note and First Mortgage,
9. Zoning. 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 class-
ification to CR3-7. Purchaser shall also obtain the approval of the proper govern-
mental authority to use the portion to the Property not zoned or rezoned CR3-1 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
t
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 regulations 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 marketable 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 property referred to in subparagraph l(a)
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,
Cej Seller has received no knowledge,_and has ,no notice. of any pending or
'threatened litigation relating to the Property.
(f) Lots 3, 4 and S of the Property are presently zoned CR3-7.
R5
(g) As of closing, 611 of Seller's rWeaentatiohs And Warranties shall he
true and ctrrect,
The provisions of this paragraph shall survive the closing.
11. Default Provszor. In the event of the failure or refusal of Purchaser to
close this transattion, without fault on Seller's part and without failure of tithe
or any conditions p,rteed mt, 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 remedy for default
of Purchaser, whereupon the parties shall be relieved of all further obligations
hereunder. The amounts made as Additional Payments will not 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,
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 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 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 be paid in 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 Intantzible'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'pn documents necessary to clear tide.
15. Ciosin , Subject to otherprovisions
% of than Agreement for extension, the
'
.............. .
clbaing shall be held at the offices of the attorneys for Purchaser, Greenberg, Traum
rig, Askew, Hoffman, Lipoff, Rosen & Quentel, P,A., at 1401 Britkell Ave,, Miami,
p'iorida S101 , forty-five (45) days after Purchaser's receipt of final Zoning approv-
al from the apprcptiate governmental 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 affimitg such final approval.
Seller shall cohvey title to the Property by good and sufficient Statutory War --
ratty 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 EGL 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, ins ections. Purchaser, and Purchaser's agents and contractors, shall have
the right, for a period of ten (10) business days from the date of execution of this
10168
Agreement by both Seller and Purchaser, to enter upon the Property at all reason.
able times for purposes of inspattion and making tests and studies thereon, pro-
vided that Purchaser shall indtmnify, defend and hold Seiler harmless for all
liabilities, da ges, tlaims, costs, of eXpenses for bodily injury, death, or
property damage resulting from any such test or study, If, based upon its exam-
ination of the Property, Purchaser shall determine, in his sole discretion, that
the Ptoperty is not suitable for its planned marketing and development, or the
improvements are riot satisfactory, Purchaser shall have the right to determine this
Agreement by notice to Seller, whereupon 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 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 laurfirm 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, Traurig, Askew,
Hoffman, Lipoff, Rosen &
Quentel, P.A.
1401 Brickell Avenue, PH-1
Miami, Florida 33131
If to Seller at; F-L Real Estate, Inc.
3436 Coral Way Suite A
Miami., Florida 33143 .
With .c .pies to; R,.IFarris, Eaq,
_>
Rivergate Plaza Suite 701
444 3rickell Avenue
Miami, Florida 33131
".g-
M
21, gisk of ss., The Property shah be conveyed to Purchaser in the same Condit
tion at on the date of Agreement, ordinary wean 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 a»y portion of the Property is taken by eminent doisin
prior to closing, Purchaser shall have the option of either: (i) cancelling this
Agreetfient and receiving a refund of the Deposit, 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 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 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 shall
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) 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 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 lab's of the State of Florida.
(b) In the event any tern 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 prevailing party shall be entitled to reasonable attor-
U
IQ
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.
4. 'arei n,...inves.tJ ant In Peel .Pro ert . TA Att. Purchaser shall have the right
to withhold at tl6tllng an amount in cash to ten pertertt (102) of the "Amount Real-
ized", as such tern is defined by Temporary Regulatiofs Section 1.1445—IT(g)(5),
and the Purchaser shall forward such sun 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 1.1445-5T 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
L-�
r
intent, Seller shall comply with all reasonable requirements of Purchaser which
are intended to effect such compliance, F�4,
25. Entire Agreement. This Agreement constitutes 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.
EXECUTED as of the date first above written in several cc.,nterparts, each
of which shall be deemed an original, but all constituting only one agreement.
Signed in the presence of:
(As to 'Seller)
Seller:
KAITUMA PROPERTIES, N.V.0 a
Netherlands Antilles
corporattp� ---�
By;
10 .
ZL
Purchaser:
Carlos Saiman, Tfusteo
(A� to �uti�ohaser} —
t
26. If this offer is not atcepted by Seiivr on or before March 19860
the aforesaid deposit shall be at the option of the Purchaser, returned to Pur—
chaser and this contract shall become null and void.
Nit LNDtRSj=D turbw Agtht hereby ackm6wledge§ redeiPt of a thodki
t is the AUUht of t iubjtdt to CltArahtL
to be held at the Dep6git pursuant to the foregoing AVeOmtht-
9SCROW AGENT:
GREMERC, TRAURM ASM,
HOFFMAN I LIPOFF, ROSEN
QUENTELo P.A.
By:
■ Pedro A. Martino Esq.
MR-T-N!
Lot 3 and lot 4, lets the North SS feet thereof, it Block So
Amended Pitt of Miami Suburban Acres, according to the Plat
thereof, recorded iti 'plat Bonk 4 at Page 75 of the Public
Records of Dade. County, Plorido,
Lot 51 less the North 55 feet thereof, and lots 26, 27, 28, and
29, less the South M feet thereof, in Bloa - 5 , of Amended Plat of
Miami'Suburbar, Acres, according to the Plat thereof, as recorded
in Plat Book 4, at Page 73 of the Public Records of Dade County,
Florida.
TgIS ACRERRNT (the "Agreement") is made and entered into as
of this J . day of ,. ► 1986, by and between RICHARD 9.
PARRER► trustee ("5e11er")► and CARLOS SALRAN► Trustee and/oar his
assigns ("Purchaser"), in consideration of the mutual covenants
and promises herein set forth, the parties agree as followsl
1, Purchase and Sale. Sell�r agrees to sell to Purchaser
and purchaseragrees to purchase from Seller that certain parcel
of property located in Dade Cotnty, 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 As
(the "Purchase Price").
3, Deposit. To secure the performance by Purchaser of
Purchaser's obligations under this Agreement, Purchaser has
livered to the law firm of Greenberg, Traurig, Askew, Hoffman,
Lipoff, Rosen & Quentel, P,A., as escrow agent (the "Escrow
Agent"),, the sum of 1 by
e
10.168
check, the presd'l�f which shall be held 'an earnest money
deposit (the 41nitial Deposit") hereunder. If Purchaser elects
to proceed with the purchase after the inspection Period# then
Within one (1) businesa day following the Inspection period, pur-
chaser shall. give Seller notiet and deliver to Escrow Agent an
additional deposit (the '"Additional Deposit') of the surf 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 theretor 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 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 note and mortgage in favor of
Seller, as more particularly provided in para-
graph 5 of this Agreement;
Approximately, in cash at closing, subject.to -;r
pry*
_ -- prorati,ons and adjustments *as Jhereinaftrx4�'
vided, to be paid by bank 'cashier Ia Icesk ^�,,;:'_'
drawn on a Dade County, Florida, bank or bj",-':
wire transfer of federal funds. �•,
Total Purchase Price.
a
t
1'0168
Pufchas�- tf1� tote an: Mort saae, closing Plarchlis
er shall execute in favor of Seller a Purchase Money Note (the
"Purchase Money Notbol) in the principal amount of
beating interest at the rate of nine and One-half percent
(9-1/2%) per aftnufft, amortited 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 F 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 Purchaser 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
pi
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, Greenbergf Traurig,
Askew# Hoffman, Lipoff, Rosen & Quentell P.A., Attention: 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 closing of
this transaction the abstract shall become the property'og 'ur 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 encumbrances, except the foi �,Winqa@.* 4;:'t'*
3
10168
im w-1111 Tom-77.
t
Ad` l-orem real estate taxes tat load and subs#
guent yeatat
(b) All applicable 20ning ordinances and f@9ulAas
tioft
(a) any utility easements which are located within
ten (10) feet of the boundaries of the Realty or any ease-
ments Shawn can the 'plat.
(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 Plorida
hoard 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 S Marketability Pol-
icy from Lawyers Title Insurance Corporation, Attorneys Title
_ 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 fails to give 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 by t` paymen
of money or bonding. Seller shall bring suit, if necessary, to
{
cure any other defect or to buy-out or settle any other claim o
lien against. the Property.. At. the Purchaser's option, the dat
4�
l
A
Q 6 8
■
cl'osin_ laa le a;vended for a period not tS-12deed ninety (00)
t� f g �
days for purposes of eliminating eny title defectst In the event
that Seller does not elittinate 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 is," without reduction in the Purchase
Price (oxcept 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 tscrow Age Vt 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 61 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 if; scifiecij r• ';{
otherwise), then Purchaser shall have the option of eithext (1)
waiving the condition and closing "as is" without reduction in
the Purchase Price (except, as, otherwise specified her' In 0�
10168
1 .
cancelling this Agreettent by written notice to Seller given
by Closing (or earlier date if specified otherwise)p 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 obligatioris under this Agreement.
Z:onih_. V�rchaser shall use diligent effort to have
at least the North 60 feet of the portion of the Property not
zoned C93-7, 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
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
o �
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.
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 trade by any governmental
authority with respect to the Property; (11) any v olation6
of zoning ordinances or other governmental regulations with
respect to the Property; (,ill) any pending or threatened
lawsuits or appeals of prior; lawsuits with respect to the
Property; or (iv) any pending or threatened condemnation
proceedings with respect to the Property,
(� ge.r is vested with good marketable fee
simple title to the property subject only to the permitted
title exceptions as provided herein
(d) Seiler shall comply prior to closing with all
laws, rules, regulations, and ordinances of all governmental
authorities having jurisdiction over the Propertyt
(e) The surface area of the Property is at least
35, 390 square Feet.
(f) Seller has received no knowledge and has no
notice of any pending or threatened litigation relating to
the Property.
(g) Lots 61 7 and S of the Property are presently
toned CA3-7.
(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.
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-
j cedent to Purchaser's obligations hereunder, Seller shall receive
the Deposit, together with all interest earned thereon, as agreed
and liquidated damages for said breach, 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 option: (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 Seller shall continue to be liable for damages
caused thereby, anything herein to the contrary notwithstanding
or, alternatively; and (ii) shall have the aright to seek speoi.fic•r
Wit;• ♦ J •. I t
performance of the Seller's obligations hereunder, without th.-
by waiving damages. '
10169
t ,
r�rati A steal estate and para��,i property taxes,
insurance, rents, utilities, interest, cost and revenues and all
ether proratable items shah be prorated As of the data of clan-
ing using the maximum available discounts. In the evert the
taxes for the year of closing are unknown, the tax proration will
be based upon such takes for the prior year, and at the request
of either party, such tars for the year of closing shall be
reprorated and adjusted when the tax bill for the year of closing
is Feceived 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
recording costs of any instruments received by that party, 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 Quentel, P,A,, at 1401 Brickell Ave., Miami,
Florida 33131 thirty (30) days from the time that the City,��
Miami, has approved the rezoning of the Property as provided in
paragraph S hereof. Time is of the essence. Notwithstanding
anything else to the contrary , 'contained herein; ( 1 ) the 'o11er
may, at its option$ request the closing to extended to any
business day between January I Arid January 15, 1007 At no cost to
Purchaser, And (ii) P haser moat obtain the ireroning on or
before N` 'November ,,-- 9 if Purchaser does not obta n rem
V
Zoning pursuant to paragraph A hereof by November I-ri, 0 6 then
this contract shall be bull and void and all parties shall be
released from their obligations and the Deposit shall be returned
to Purchaser,
Seiler shall convey title to the Property by good and
sufficient Special Warranty Deed subject only to the permitted
title exceptions 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 whom Seller shall 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 aresult of Purchaser's default, the Brokers .atiall nok '} • °`''.
have a claim to said Deposit, if a claim for brokerage in con—
nection with the transaction is made by any other broker, sales
mart or finder claiming to have dealt. through or on behalf,of on
V
01613
of the parties hereto (the "indeffinitor*), said tndemni+tOr ShAll
indemnify and hold the other party hereunder (the Olndemnitee"f
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 shall survive the closing.
i6. Ass, ignabi_lity. Purchaser shall be entitled to freely
assign its rights hereunder. In the event of an assignment, the
assignor shall be tele�sed from any and all of the assignor's ob-
ligations 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.
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 noti-
to Seller, whereupon Escrow Agent shall immediately return
Purchaser the pepos�t with. interest and each party shall
relieved of his obligations arising hereunder*':*
ereunder. Seller agree,'
provide Purchaser with any plans, plate', sutvoys,,, engi qef
reports and other- documents in. Seller's possession which
assist Purchaser in its investigation upon requ_ est' ' by
chaser Notwithranding anything to the -Contrary Contained
herein# if Purehaser does not file for the rezoning of the prop.b
erty in accordance with paragraph 8 hereof by May IS# 1086, 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.
IS. Ad,diti6nal _. PayMenta, In addition to the Purchase
Price, Purchaser will pay to Seller a monthly amount of
i
in advance commencing on ,dune IS,
1996; 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 attributableto 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 Nov em �,,30,
1986, then the payment for the thirty (30) dayl-period lowing
• such approval shall be instead of
19. Sellers Right to Sell and Purchaser's Right of First
Refusal. Notwithstanding anything to the contrary contained in
this Agreement, after June 15, 1986, Seller has the right to sell
the Property to.another bona fide purchaser as long as such sale
.. 4t L _ _ r �. is an e•• F n !• •1r� —��� f
isnotcontingent on rezoning,,w ..
--
able =__'__. 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
elects not to purchase the Property. IU Furcha; er elects not 'to 2 .;
purchase the Propertyr this agreement shall be terminated, 06 .;.,-
Property shall be released from the zoning application, th
# o
' ,;.
parties shall be released from all of' ;*' th 'ir obligations,; and the
Deposit shall be returned to the Purchaser,
0168
WPM-
0escrow r` ent� fibs parties herebyndeiniy and hold
Escrow Arent harmless frofn and against any 10821 liability, 01aim
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 is hereby authorized to interplead said amount with
any court of competent jurisdiction and thereby be released from
all obligations hereunder. The parties recTgnize that the Escrow
Agent is the law firm representing Purchaser, and hereby agree
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:
With copies to:
If to Seller:
With copies to:
Carlos Salman, Trustee
3191 Coral Way, Suite 401
Miami, Florida 33145
Pedro A. Martin, Esq.
Greenberg, Traurig, Askew,
Hoffman, Lipoff, Rosen &
Quentel, P.A.
1401 Brickell Avenue, PH-1
Miami, Florida 33131
Richard H. Parker
5901 S.W. 74th Street
Suite 404
So. Miami, Florida 33143
Sol Patchen
Bernstein, Patchen & 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,.
i
ordinary wear and tear excepted, free oft11� tenancies or'+occu-,,:� x
anciee, and Seller shall not remove an )thin ffromthe Pt0 per.
between the date of this Agreement and.closing. In the ' ev,ent'01 .,'°. f �•,,
that all or any portion of the Property is taken by eminen
jF
18
domain prior to 04;s1M9,# Purchaser shall 11t, a the, apti"on of
either i (i) cancelling this Agreement and receiving a refund of
the Deposit, together with all interest earned thereon, whereupon
both parties shall be relieved of all further obligations under
this Agreement: or (ii) Purchaser may proceed with the closing in
which cage Purchaser shall be entitled to all condemnation awards
and settlements. In the event that the Property it damaged or
destroyed by fire or other casualty prior to closing# Seller
shall have the option to repailt and restore the Property to the
same condition as before the fire or casualty, and the closing
shall be deferred for up to ninety (50) 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
which case Purchaser shall be entitled to all insurance proceeds
and to a credit equal to the insurance deductibles.
23. Indemnity. Seller 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.,
date. (d) For any utility charges not paid by the closing
The provisions of this paragraph shall survive. the
closing.
24. Miscellaneous
(a) This Agreemint shall be construed and ov''*e" r* n e'd*
in accordance with the laws of the State of Florida.
13
1016
c
(by In he event any berm or ov $i n of this
Agreement be determined by appropriate Nltaieial authority to
be illegal or otherwise invalid, such provision &Mall be
given its neatest 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 effects
(c) In the event of any litigation between the par-
ties under this Agreement, the ptevailing party Shall be en-
titled to reasonable attorney's fees and court costs.
(d) In construing 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. roreign Investment In Meal Property Tax Act. P r.
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 be sworn to by
the Seller if the Seller is a natural person, or by an authorized
individual on behalf of the Seller if the Seller is not a natural
persont (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
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 ten percent (10%) of the "Amount Realized", as
such term is defined by Temporary Regulations Section 1.1445
1T(g)(5), and the Purchaser shall forward such sun to the Inter.-.
nal Revenue Service as withholding tax under, Internal Revenue;. ..
Code Section 1445, _ Seller � .
n The Purchaser and the Seli hall eacbi�i�i -r•:•�'
vidually have the right (but purchaser_ shall not
prior to closing to make application to the Internal. Revenue,Ser-.''
vice Athe "Service") pursuant to Temporary Regulations Section
�.14,
7--m TTF
sate") authorising Purchaser to withhold A lesser amount of for
no) tax) and if the Service duly Issues such a Withholding Gerd ia
ficate prior to closing, them the Purchaser shall have the right
to withhold only the &%ount stipulated in the Withholding Corti-
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 Co e 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-
terparts, each of which shall be deemed an original, but all con-
stituting only one agreement.
Signed in the presence of: SELLER:
V
110? RICHAR
(As to Seller)
"T
-77 Urcliaio r
15
PURCHASERa
W�
.V'ARRER, Trustee
6 Vr us e e 7,
- - ---------
MEN IN 1.1 P I
MWOMMOMW
he utitled
iowlettt that they vo t
The pokers
to commigglon and they AqteG to receive the Aroker&94 COMMIS-
glon get forth in W&Vaph 15 All full cofflemsat'on to thei'A f ir
this 0108iftg,
COLOS SALW RLkLTY' INC'
ay
HOpxTNs-EA9TONl INC.
By:
q-
f,f J6
10168
I
. r
RUN%."
Tg2 UNMASIONtO Eedrou Agent hereby ACknowl#d§ee receipt of
a +cheek, subject t8 clearance# in the AMOUht Of _
to be held as the Deposit pursuant to
the foregoing Agreement&
ESCROW AGENT i
CREENEL` C o TPLAtJ O t ASKEW r
ROM f L IPOM ROSEN i
OUENTEL, P.A.
B
PEDRO A. MARTIN, Esq.
. e t f A� ,� t T • ,
f � •
2 '
LMAL D200IT-T
Lot 6, lets Coral Way Street; Lot 7# 16sa the
following strip for street purppses!
Beginning it the Northwest cornet of said Lot
7# thence run South on the West line Of Said
Lot 7 t a distance of 34.02 feet More Or less,
to a pointi, thence tun East 50 feet, more or
less, to a point on the East line of said Lot
7o said point being 34.0 feet South of the
Northeast corner thereof: thence run North
34.0 feet, more or leas, to the Northeast
corner of said Lot 1; thence run West 50 feet,
more or. less, to the point ofbeginning, all
in Block 5# MIAMI SUBURBAN ACAtSt 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 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.
and
Lots 23,, 24 and 25 less the South 10 feet
thereof in Block St MIAMI SUBURBAN ACRES,
according to the Plat thereof, recorded in
Plat Book 4, at Page 73, of the Public Records
of Dade County, Florida.
ylV "lid a
*I
W
v �
CITY OF MIAMI. FLORIbA
INTER•OFPICE MEMORANDUM
86 OCT -6 P 3 54
TO Aurelio Perez-Lugones, Director CAtE October 1, 1986 VILE
Planning and Zoning Boards Amdinistration
SUB:E_, Listing of Exempt Plan Amendments
for Calendar Year 1986; Miami
Comprehensive Neighborhood Plan
4EFERENCEs ( Sept. 1985) ; Per Chapter 163 F.S.
Rodriguez, Director
P ing Department ENCLOSuRES
Enclosed please find the September 30, 1986,
status of the above referred exempt plan
amendments.
SR/JWM/dr
ENCLOSURE
cc; Tony O'Donnell
Greenberg Trauriq et al
Brickell Concours
1401 Brickeil Avenue
Miami, FL 33131
Art Berger
Broad anu Cassel
One Biscayne lower, Suite 3J3
Miami, FL 33131
& L "
`86 OCT -6 NIOP MIAMI PLANNING DEPARTMENT
STATUS 0/10/86
CITY CE MIAMI
MIAMI COMPREHENSIVE NEIGH60RHOOD PLAN!
EXEMPT PLAN AMENDMENTS FOR CALENDAR YEAR 1986
PER CHAPTER 163 F,S.
AREA
SOUARE FEET ACRES
1. ORDINANCE - [J-86-695 (A) AND (6)] - MIAMI, 49,000 1,125
COMRREHENSIVENEICH80RHOOD PLAN AMD
APPLICANTS)/OWNER(S): 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 (6)] - MIAMI 12,566 0.288
COMPREHENSIVE NEIGHBORHOOD PLAN AMD
APPLICANTS)/OWNER(S): Kaufman and Roberts
7445 NW 12 St
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
DensityResidential to Commercial -Residential.
First Reading September 25, 1986
Second' Reading;
Effective
Mr. tial Artnes"U-o-Garcia o-MIL'I"ered
wle .0 ow 1
Resolution and moved its adoption.
RESOLUTION PAB 22-86
RESOLUTION TO RECOMMEND APPROVAL TO THE CITY
COMMISSION 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
Jolt BLOCK 5, MIAMI SUBURBAN ACRES AMENDED
(4-73) P-R D.C. FROM 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 vote:
AYES,. Ms. Hadley
Messrs. Lopez, Armesto-Garcia, Asmar,
Benjamin, Gomez, Manes, Pedraza and Simon
NAYES: None.
ABSENT: Ms. Spohn
Mr. McManus: Motion carries 9 to 0.
611TV OF MIAMI
DAN 66UNTI, PLON116A
WICK or
N6060 I§ her6by olvdh that the
City Cdtfirhisl3ftsft of Ihd City 61
M16fifli Plotidd, Will dolihidef the
116116WIhO drellhafte(t) 6h gedohd
and tlhhl tofthd 6h Octdbat 2J,
1086 ebrArn6h6thO at Obb A.W In
the City tOMMI06h, thafteta,
3500 Pan Ameddam Drive, Mitiffili 1
ORDINANCE NO.
AN ORDINANCE AMENDING
�ORDINANCE NO, 0600, THE
ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY
AMENDING 83206 OF ARTICLE
MIAMI REVIEW 12 ENTITLED "STATUS OF bF-01-
,810NS OF ZONING BOARDS;
Published ballY except Saturday, Sunday and !REVIEW BY CITY COMMISSION;
Legal Holidays COMMISSION POWERS; JUDICIAL
Miami, Dade County, Florida. (COMMISSION
" BY REQUIRING
STATE OF FLORIDA
'EXHAUSTION OF AbMINISTRA-
COUNTY OF DADE: TIVE REMEDIES PRIOR TO JUDI.
1cIAL REVIEW AND PROVIDING'
Before the undersigned authority Personally appeared THAT THE METHOD OF JUDICIAL
Santa H8111OAh, who on bath says that She Is the Assistant :REVIEW OF CITY COMMISSION
Supervisor of Legal Advertising of the Mlaml Review, a daily DECISIONS SHALL BE BY FILING
(except Saturday, Sunday and Legal Holidays) newspaper, A NOTICE OF APPEAL; CONTAIN -
published At Miami in Dade County., Florida,, that the attached ING A REPEALER PROVISION
copy of advertisement, being a Legal Advertisement of Notice AND A SEVERABILITY CLAUSE,
In the matter of
CITY OF MIA�-fjj ORDINANCE NO.
Re: Notice Of Proposed AN ORDINANCE AMENDING!
Ordinance THE ZONING ATLAS OF ORDW
,NANCE NO, 9500, THE ZONING
iORDINANCE OF THE CITY OF
IMIAMI, FLORIOA,� BY CHANGING
THE ZONING CLASSIFICATION
In the ........... X OF APPROXIMATELY 4220, 4234
was published in said newspaper In the issues . 1 . of . .... Court, AND 4244 N.W. 2ND STREET; AND
,APPROXIMATELY 4225 N-W: 19T
18TREETiMIAMI FLORIDA, (MORE
'PARTICULARLY DESCRIBED HERE-
Oct- 10, 1986 IN) FROM FIG 113 GENERAL RES-
IDENTIAL (ONE AND TWO-
FAMILY) TO CR.2(7 COMMERCIAL-
Afflant further says that the sold Miami Review is a ;RESIDENTIAL (COMMUNITY) BY
newspaper published at Miami In said Dade County, Florida, 'MAKING FINDINGS; AND BY MAK-
and that the said newspaper has heretofore been continuously ING ALL THE NECESSARY
published in said Dade County, ach day (except CHANGES ON PAGE NO.32F OF
Saturday, Sunday and Legal Holidays) and Florida,6 been entered as
second class mail matter at this W office Miami In said SAID ZONING. ATLAS MADE A
Dade County, Florida. for a perf Of One Year r1sxt Preceding PART OF ORDINANCE NO. 9500
the first publication of the attached COPY of advertisement, and BY REFERENCE AND DESCRIP-
alliant further says that she has neither paid nor promised any TION IN ARTICLE 3, SECTION 300,
person, firm or corporation any discount, rebate, commission
Or refund for the purpose of securing this advertisement for THEREOF; CONTAINING A
publicaln in the said newspaper, REPEALER PROVISION AND A
vj/, USE
SEVERABILITY CLA.'
....... ORDINANCE NO,
4"
S All' subscrii;d before me this AN ORDINANCE AMENDINGi
THE ZONING ATLAWOF ORD
eP-
d.:.f A.D. 1 ..8.6. NANCE NO. 9500,'THE ZONING
ORDINANCE; OF�THE CITY,OF.
MIAMI, FLORIDA, BY CHANGING;
U 1, THE ZONING! CLASSIFICATION`
liolary Pub(ic,* I Florida at Large OF APPROXIMATELY 34271-=3'
IX
(SEAL) S.W, r 22ND.TERRACE, � MIAMI,
OF 0-0,
�Hqllw•I FLORIDA, (MOE, PARTICULARLY
MY Commission 1-9PAN9%A@%" DESCRIBED HEREIN) FROM RG
113 GENERAL RESIDENTIAL (ONE
ESSARY
42 OF Si
A PART I
FO F.;
4-98 P
MR 145
ORDINANCE NO.
ORDINANCE NO.
AN ORDINANCE AMENDING
AN ORDINANCE AMENDING
THE ZONING ATLAS OF ORDt•
THE MIAMI COMPREHENSIVE
NANCENO. 5580, THE CONING
NEIGHBORHOOD PLAN AND
ORDINANCE OF THE CITY OF
ADDENDA (SEPTEMBER 1985)
MIAMI, FLORIDA, BY CHANGING
FOR PROPERTY LOCATED AT
THE ZONING 'CLASSIFICATION
APPROXIMATELY 3691 SOUTH -
OF APPROXIMATELY; iWAS36
WEST 22ND TERRACE (MORE
BRICKLLL AVENUE, MIAMI, FLOR•
PARTICULARLY :DESCRIBED
ADA, (MORE PARTICULARLY
HEREIN) BY CHANGING THEbES-`
DESCRIBED HEREIN) FROM RG2
IGNATION OF THE SUBJECT
113 3 GENERAL RESIDENTIAL TO
PROPERTY FROM LOW-MODE-
RG-2115 GENERAL RESIDENTIAL
RATE DENSITY RESIDENTIAL TO
MAINTAINING THE Spl•4 BRIC•
COMMERCIALRESIDENTIAL'MAK-
KELL AREA MAJOR STREETS
ING FINDINGS; AND, CONTAIN,
OVERLAY DISTRICT, BY MAKING
ING A REPEALER PROVISION
FINDINGS; AND BY MAKING ALL
AND A SEVERA81LITY CLAUSE,
THE NECESSARY CHANGES ON
PAGE NO. 37 OF SAtb'ZONING
ORDINANCE NO,,
ATLAS MADE.A PART OFORDI•
NANCE NO'.9500 BY REFERENCE
AN ORDINANCE AMENDING
AND DESCRIPTION IN ARTICLE
THE -ZONING ATLAS OF ORDI•
NANCE;NO. 9500, THE ZONING
3, SECTION •300, _.THEREOF;,
CONTAINING A REPEALER PRO-
ORDINANCE' OF THE CITY OF.
VISION AND A 85VERABILITY
'.
MIAMI; FLORIDA, BY CHANGING.
THE ZONING CLASSIFICATION:
CLAUSE.
OF APPROXIMATELY 3591 S.W!
ORDINANCE NO.
22ND TERRACE, MIAMI, FLORIDA,
(MORE PARTICULARLY DES -
AN ORDINANCE AMENDING
THE MIAMLCOMPREHENSIVE
CRIBED HEREIN)`FROM RG-113
GENERAL RESIDENTIAL (ONE
NEIGHBORHOOD PLANi976.1986
AND TWO-FAMILY)'TO ;CR•317
COMMERCIAL-RESIDENTIAL'(GE-
FOR.PROPERT,Y,LOCATED AT
APPROXIMATELY 3427-3523 SOUT
NERAL)'BY MAKING -FINDINGS;
HWEST;22ND TERRACE (MORE
AND BY MAKING ALL THE NEC•
ESSARY CHANGES ON PAGE NO.
PARTICULARLY.` DESCRIBED
HEREIN)'BY CHANGING THE DES-
42 OF SAID ZONING ATLAS MADE
IGNATION OF THE'SUBJECT
A PART OF ORDINANCE NO. 95M
BY REFERENCE AND.DESCRIP-
PROPERTY FROM LOWMODE
RATE DENSITY RESIDENTIAL TO
TI IN ARTICLE SECTION
THEREOF, ;CONTINING A
RESTRICTED ;%COMMERCIAL,
REPEALER PROVISION AND A
MAKING".FINDINGS; AND,
CONTAINING A,REPEALER PRO•..
SEVERABILITY CLAUSE.
VISION AND :A SEVERABILITY-
Said proposed ordnance(s) may
CLAUSE.
be Inspected by the public at the
Offioe of the City.Clerk; 3500 Pan
ORDINANCE:NO.
American. Drive, Miami, Fiodda,
AN;ORDINANCE AMENDING
Monday through. Friday, excluding
holidays, between the hours of 800
THE ZONING.`ATLAS'`OF. ORDI=
NANCE N0,:95W, THE ZONING
A.M,'*and 5:00 PM.,%
ORDINANCE OF.,THE_ CITY:._OF
FLORIDA, BY CHANGING
All, interested: persons. may
MIAMI;
THE ZONING•CLASSIFICATION,
appear at the meeting and be heard
with `respect to the, proposed
OF APPROXIMATELY: 3900-3998
ordinance(s).
WEST FL•AGLER STREET,.MIAMI,
FLORIDA,-,(MORE PARTICULARLY
DESCRIBED HEREIN) FROM
Should, any person desire to
appeal any decision of the' City
RG•215.,GENERAL;. RESIDENTIAL
N'D" R S 412 ONE°•FAMILY
Commission with :;respect; to any
A
DETACHED' -RESIDENTIAL' TO '
matter, to , be considered at this
meeting, that persorilshall ensure
CR 217 'COMMEPCIAL•RESIDEN
TIAL'(COMMUNITY) MAKING
that a verbatim record of the pro•
FINDINGS; AND.BY MAKING ALL
ceedings :ismadelncludingall tes•
timony and evidence upon which
THE NECI_SSARY CHANGES ON
PAGE N0•132OF,SAIP ZONING`
any appeal may be based:
ATLAS MADE,A PART OF ORDI•
MATT T'HIRAI
NANCE NO.':9a00 BY REFERENCE.
Cl TYCLERK
AND,PESCRIPT)QN.IN.ARTiCLE
�&EC N,'300, THEREOF;
J0
CITY OF MIAMI, F6QRIDA
3,:
CONTAINING A REPEALER PRO-
VISION ANP, A $EVERABILITT
CLAUSE
-
(M4Q8Z)
10110 8810100i�M
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personalty appeared
Sonia Milligan, who on oath says that she is the Assistant
Supervisor of Legal Adverilsing of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MI71r•'tI
Re: Notice of Proposed
Ordinance
Inthe .............X . X.. X.......... ......... Court,
was published In said newspaper in the issues of
Oct. 10, 1986
Alflent further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement: and
aftiant further says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the, purpose of securing, this advertisement for
pubfica ion in the said newspaper.
A 1
Svfoinote arsub bed before me this
10
dtj of .sOG�.°� . .VFjo,1d.
86.
�ilb tC, a df at Large
(SEAL) ,.1fi-"•7
My Commissibf 4( pr(res-Aug.`i��—, 88�
AbIAMI
r U TY ON16A
t
PRBPlislEb ONDi?iAiCE
Nt3 lee is hotaby 010in'thdt they;
City Cbmthl loll tat the City of
Miami, Florida, wiii 60fibider the
116116WIM0 Htdil'IdM e(9) on secbad'r
acid Ilhel readlh§ 6h Odtober 23,
11089, 06tril`n6hding at 9:06 A.M. th i
the City Cbrrifnisgibii Cht ftortl: i
3506 Pan American [hive, Miamm,
Florida:
ORDINANCE NO,
AN ORDINANCE AMENDING
ORDINANCE NO, 9500, THE
ZONING ORDINANCE OF THE
CITY of MIAMI, FLORIDA, BY
AMENDING $3265 OF ARTICLE
32 ENTITLED "STATUS OF 0E01-
SIONS OF ZONING BOARDS;
REVIEW BY CITY COMMISSION;
COMMISSION POWERS; JUDICIAL
REVIEW," BY REQUIRING
EXHAUSTION OF ADMINISTRA-
TIVE REMEDIES PRIOR TO JUbI-
ICIAL REVIEW AND PROVIDING
THAT THE METHOD OF JUDICIAL
REVIEW OF CITY COMMISSION
DECISIONS SHALL BE BY FILING
A NOTICE OF APPEAL; CONTAIN-
�ING'A REPEALER PROVISION
,AND A SEVERASILITY CLAUSE.
ORDINANCE NO,
! AN ORDINANCE AMENDING
THE ZONING ATLAS OF ORDI-
'NANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF.
MIAMI, FLORIDA, BY CHANGING I
THE ZONING CLASSIFICATION
OF APPROXIMATELYA220, 4234
;AND 4244 N.W. 2ND STREET, AND
-APPROXIMATELY 4225 N.W. 1ST
:STREET, MIAMi, FLORIDA,(MORE
,PARTICULARLY DESCRIBED HERE-
IN) FROM RG 113 GENERAL RES-
11DENTIAL (ONE AND TWO-
FAMILY) TO CR-2/7 COMMERCIAL-,
RESIDENTIAL (COMMUNITY) BY;
MAKING FINDINGS; AND BY MAK-
ING ALL THE NECESSARY
CHANGES ON PAGE NO.32F OF,
SAID ZONING ATLAS MADE A'
PART OF ORDINANCE NO. 95001
BY REFERENCE AND DESCRIP
{TION IN ARTICLE:3, SECTION 300,'
ITHEREOF CONTAINING Ai
REPEALER PROVISION AND A
SEVERABILITY CLAUSE,
ORDINANCE 'NO,i;
AN ORDINANCE AMENDING
THE ZONING ATLAS OF'ORDI-
NANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY' OF
MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION
OF APPROXIMATELY 3427.3523
S.W;;22ND .TERRACE,,MIAMI,
113 GENERA
AND TWO-
NERAL) BY- MAKING FINDINGS;
AND BY MAKING•ALLTHE NEC-
ESSARY CHANGES ON PAGE NO.
42 OF SAiD.ZONING ATLAS MADE
TIAN IN ARTICLE 3,7 SECTION 30Q,
THEREOF;,CONTAINiNQ:1 k
REPEALER PROVISION `AND A'
SEVERABIWTY CLAUSE.
ORQINANCE NO.::
AN ORDINANCE AMENDING
THE MiAMi COMPREHENSIVE
tF_w •,% 0
C
ORDINANCE NO,
AN ORDINANCE AMENDING
THE ZONING ATLAS OF ORDI-
NANCE NO, 9500, THE ZONING
ORDINANCE OF THE CITY OF
MIAMI,_FLOAIDA, BY CHANGING
THE ZONING CLASSIFICATION
OF APPROXIMATELY 1548.1636
BRICKELL AVENUE, MIAMI, FLOR
IDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG2
113 3 GENERAL RESIDENTIAL TO
RG-2116 GENERAL RESIDENTIAL
MAINTAINING THE SPI.4 BRIO-
KELL AREA MAJOR STREETS
OVERLAY DISTRICT, BY MAKING
FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES ON I
PAGE NO. 37 OF SAID ZONING
ATLAS MADE A PART OF 01301•1
NANCE NO.9600 BY REFERENCE
AND DESCRIPTION IN ARTICLEi
3, SECTIOWr300, THEREOF;!
CONTAINING A REPEALER PRO.;
VISION AND A SEVERABILITYi
CLAUSE.
ORDINANCE NO.
AN ORDINANCE AMENDING
THE MIAMI COMPREHENSIVE
;NEIGHBORHOOD PLAN 1976.1986
IFOR PROPERTY LOCATED AT
APPROXIMATELY, 3427-3523 SOUT-
HWEST
('29ND TERRACE (MORE
PARTICULARLY; DESCRIBED
HEREIN) BY CHANGING THE DES•
1GNATION OF THE SUBJECT
PROPERTY FROM LOWMODE•
RATE DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL;
MAKING FINDINGS; AND,
CONTAINING A REPEALER PRO-
VISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO.
AWORDINANCE AMENDAG
,THE ZONING'ATLAS OF„'OliDI-
NANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY CHANGING
THE ZONING. CLASSIFICATION,
OF APPROXIMATELY 3900.3998
WEST FLAGLER STREET, MIAMI, i
FLORIDA, (MORE PARTICULARLY 11
DESCRIBED HEREIN) FROM
RG-215 GENERAL RESIDENTIAL
AND'RS•2/2. ONE -FAMILY
DETACHED -RESIDENTIAL TO
CR-217 COMMERCIAL-RESIDEN•
TiAL (COMMUNITY). MAKING
FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES ON 1
PAGE NO. 32 OF SAID ZONING]
ATLAS MADE A PART OF ORDI• I
NANCE NO, 9500 BY REFERENCE';
AND DESCRIPTION IN ARTICLE
3, SECTIQN 300; ``THEREOF;'
CONTAINING A .REPEALER PRO-
VISION AND A'SEVERA'BILITY.
CLAUSE,
ORDINANCE NO,
AN ORDINANCE AMENDING
THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND
ADDENDA (SEPTEMBER 1985)
:FOR PROPERTY LOCATED AT
APPROXIMATELY 3591 SOUTH
WEST 22ND TERRACE (MORE
PARTICULARLY DESCRIBED,
;HEREIN) BY CHANGING THE DES-
�IGNATION OF THE SUBJECT'
PROPERTY FROM LOW -MODE•',
RATE DENSITY RESIDENTIAL TO
COMMERCIAL -RESIDENTIAL; MAK
ING FINDINGS; AND, CONTAIN.
ING A REPEALER PROVISION'
iANO A SEVERAMLITY CLAUSE.
ORDINANCE NO.
AN ORDINANCE AMENDING
THE ZONING ATLAS OF ORDI-
NANCE NO, 9500, THE ZONING
ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION
OF APPROXIMATELY 3691 S.W.
22ND TERRACE, MIAMI, FLORIDA,
DES-
CRIBED HEREIN) FROMYRG-13
GENERAL RESIDENTIAL (ONE
AND TWO-FAMILY) TO CR-317
COMMERCIAL -RESIDENTIAL (GE-
NERAL) BY MAKING FINDINGS;
AND BY MAKING ALL THE NEC-
ESSARY CHANGES ON PAGE NO..
42 OF SAID ZONING ATLAS MADE
A PART OF ORDINANCE NO. 9500
BY REFERENCE AND DESCRIP-
TION IN ARTICLE 3, SECTION 300,
THEREOF CONTAINING A`
REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Said proposed 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 5i00 P.M.
All Interested persons may
appear at the meeting and be heard
with respect to the proposed
T ordinance(s).
Should any person desire to
appeal any decision of the City
Commission with respect to any
matter to be considered at this
i meeting, that person shall ensure
that a verbatim record of the pro-
ceedings is made including all tes-
timony and evidence upon which
any appeal may be based.
MATTY. HIRAI
CITY CLERK
CITY OF MlIAMI FLORIDA
04082)
10110 86-101002M