HomeMy WebLinkAboutO-1016916 0
0=86-710
10/23/86
ORDINANCE NO, i
AN ORDINANCE AMENDING THE; ZONING ATLAS OF
ORDINANCE 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, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG 1/3
GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO
CR-3/7 COMMERCIAL -RESIDENTIAL (GENERAL) BY
MAKING FINDINGS, AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE N0. 42 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE
NO, 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of
July 7, 1986, Item No. 2, followinq an advertised hearing,
adopted Resolution No. ZB 74-86, by a 5 to 0 vote, RECOMMENDING
APPROVAL of a change of zoning classification, as hereinafter set
forth; 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 change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby
amended, except- as provided in Section 2 below, by changing the
zoning classification of approximately 3427-3523 S.W. 22nd
Terrace, Miami, Florida, more particularly described as Lots 23
through 29 inclusive less the South 10 feet thereof, Block 5,
MIAMI SUBURBAN ACRES AMENDED,, as recorded in Plat Book 4 at Page
73 of the Public Records of Dade County, Florida, from RG-1/3
General Residential (One and Two -Family) to CR-3/7 Commercial
Residential (General).
Section 2, The Southerly I foot of Lots 23 thru 29 North
of the South 10 foot right-of-way shall not be rezoned by this
ordinance. Thus, said portions of Dots 23 and 29 shall retain
their present RO-t/3 zoning dlassiEications until. speciFidally
rezoned otherwise by subsequent City Commission action&
ectioh 3. It is hereby found that this zoning
classification change:
(a) Is in conformity with the adopted Miami Comprehensive
Neighbor hood Plan;
(b) Is not contrary to the established land use pattern;
(c) Will not create an isolated district unrelated to
adjacent and nearby districts;
(d) Is not out of scale with the needs of the neighborhood
or the City;
(e) Will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) Is necessary due to changed or changing conditions;
(q) Will not adversely influence living conditions in the
neighborhood;
(h) Will not create or extensively increase traffic
congestion or otherwise affect public safety;
(i) Will not create a drainaqe problem;
(j) Will not seriously reduce light and air to adjacent
area;
(k) Will not adversely affect property values in the
adjacent area;
(1) Will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations;
(m) Will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare.
Section 4, Page No. 42 of the Zoning Atlas, made a part of
Ordinance No, 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
ohanges made necessary by these amendments,
s
0169
4
vo'eotion 5. All ordihandest code sections, all r)Attq thereot
in conflict herewith are hereby repeale-0 1nsr.)Far as they are in
conflict.
Section 6, Should any part of provision of this Ordinance
be declared by a court of competent jurisdiction to be invalids
the same shall not affect the validity of the ordinance as a
whole.
PASSED ON FIRST READING BY TITLE ONLY this 25th day of
_September 1986.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITT,8 ONLY
this 23rd day of October I , 19866
677
AVIER L. SUAREZ-tMayor
ATTEST:
( R
MATTY HIRAI
City Clerk
PREPARE'AND APPROVED BY:
MIRIAM MAER
A; istant City Attorney
Mi
APPROVE TO FORM AND CORRECTNESS:
LUCIN A.-DOUGHERTY
City Attorney
Hirai, Clerk of the _CAtY of ni, (ir.
t1jerj( W
hml)v certify thnt 011 0 _day OE
A. 1). 19 !La full. true and correct copT of fliv :ibave
and foregOilig ordiounce wits posted tit the Sout), 00'.W
of tjL. I)gje (,A)jjjjt,., Gaurt lir)ttse ut the pluce PrOvided
for 11Wtivv$ and pull1i;:ations by attaching said cop), to
NEW 1�.'
the 14ace provided thvxr(or.
WITNESS nly 1 nd *0M.'Off!1�01 SCO of saidGMM/wpc/cm-s/MQ64 Qty olig;00—day
4A
A04--
lark
0 k
0 169
0
CITY OF MIAMI. FLORIDA
INTIM•OPFiCE MEMOiRANbUM a
The Honcrable Mayor and Members DATE September 15, 1986 "`E
of the City Commission
SUBJECT ORDINANCE - RECOMMEND APPROVAL
CHANGE OF ZONING
APPROX 3427-3523 SW 22 TERR
FROM Cesar H. Odio ;, REFERENCEs
City Manager �� COMFUSSION AGENDA - SEPTEMBER 25, 1586
ENCLOSUREPLANNING AND ZONING ITEMS
It is recommended by the Zoning Board that the
Change of Zoning Classification in the Official
Zoning Atlas of Ordinance 9500, as amended, the
Zoning Ordinance of the City of Miami from RG-1/3
General Residential (One- and Two -Family) to CR-
r 3/7 Commercial -Residential (General) for the
property located at approximately 3427-3523 SW 22
Terrace be approved.
The Zoning Board, at its meeting of July 7, 1986, Item 2, following an
advertised hearing, adopted Resolution ZB 74-86 by a 5 to 0 vote, recommending
a royal of the Change of ZoningClassification in the Official oning Atlas
of OrMnance 9500, as amended, e Zoning Ordinance of the City of Miami from
RG-1/3 General Residential (One- and Two -Family) to CR-3/7 Commercial=
es ential (General) for the property located at approximately 3427-3523 SW
22 Terrace, also described as Lots 23 through 29 inc usive less the South
t ereo lock 5, MIAMI SUBURBAN ACRES AMENDED (4-73) P.R.D.C.
i Two objections received in the mail. Three replies in favor received in the
mail; ten proponents present at the meeting.
bugi
ii
` Backup information is included for your review.
p An ORDINANCE to provide for the above has been prepared by the Cit Attorne 's
Ak
Office and submitted for consideration by the City Commission. y y
AEPL:111
} cc: Law Department
NOTE; Planning Department recommends: DENIAL
10169
0
I
ZONING FACT SHEET
LOCATION/LEGAL
Approximately 3427-3523 SW 22nd Terrace
Lots 23 through 29 inclusive
less the S10' thereof
Block 5
MIAMI SUBURBAN ACRES AMD, (4-73) P.R.D.C.
APPLICANT/OWNER
Kaituma Properties, N.Y. (Owner of Record)
Richard H. Parker, Trustee (Owner of Record)
Carlos Salman, Trustee (Contract to Purchase)
c/o Anthony J. O'Donnell, J r. Esquire
(Attorney for Applicant)
Greenberg, Traurig, et al.,
1401 Brickell Avenue
Miami, FL 33131 Phone #579-0603
ZONING
RG-1/3 General Residential (One and Two -Family)
REQUEST
Change of Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami to CR-3/7 Commercial -Residential
(General).
HISTORY OF RECOMMENDATIONS
AND ACTIONS
ZONING BOARD MEETING
5/8/61
REQUEST
Variance to use lots 23, 24 and 25 for offstreet
parking for Pub Restaurant with no ingress or
egress onto SW 22 Terrace, 10' setback on SW 22
Terrace and 5' setbacks on east and west
property lines.
ZONING BOARD
Recommended Resolution 9489.
CITY COMMISSION
Granted. Resolution 6882 on 5/17/61.
ZONING BOARD MEETING
11/6/67
REQUEST
Conditional Use to permit offstreet parking on
lots 28-29 with one opening to SW 22 Terrace,
PLANNING DEPARTMENT
Approval with no opening on SW 22 Terrace.
ZONING BOARD
Recommended with no opening on SW 22 Terrace.
Resolution 67-281.
1 016
y
CITY COMMISSION
Granted offstreet parking With no opening on SW
22 Terrace. Resolution 39-213 on 12/4/67.
Denied a 10' opening for ingress/egress on SW 22
Terrace, Resolution 39-214 on 12/4/67.
ZONING BOARD 6/26/61
REQUEST
Variance to permit a 6 story office building on
Lot 5 to the rear lot line, 10' setback
required, and stairway to project to lot 28.
Variance to use lots 26 through 29 for offstreet
parking with 10' setback on SW 22 Terrace, 20'
required.
ZONING BOARD
Recommended, Resolution 29.
CITY COMMISSION
Granted. Resolution 32954 on 7/25/61.
i
ZONING BOARD 1/25/65
i
REQUEST
Conditional Use to permit offstreet parking on
a�
lots 26 and 27 with no opening on SW 22 Terrace.
PLANNING DEPARTMENT
Approval.
ZONING BOARD
Recommended. Resolution 65-31.
CITY COMMISSION
Granted. Resolution 36401 on 2/17/65.
i
CURRENT RECOMMENDATIONS
AND ACTIONS
PLANNING DEPARTMENT
DENIAL. The proposed change would be in
con 1ct with the adopted Miami Comprehensive
Neighborhood Plan and would require substantial
modification of the plan including referral to
the Florida State Department of Community
Affairs in Tallahassee. The proposed change
will deviate from the established land use
pattern. The change suggested is out of scale
with the needs of the neighborhood and City.
There have been no changing conditions in the
area that make the passage of the proposed
change necessary.
PUBLIC WORKS
DADE COUNTY TRAFFIC
& TRANSPORTATION
ZONING BOARD
The proposed change will adversely influence
living conditions in the neighborhood. The
proposed change will constitute a grant of
special privilege to an individual owner as
contrasted with protection of the public
welfare. There are no substantial reasons why
the property cannot be used in accord with
existing zoning for a special exception for off
site parking facility. There is ample
commercial zoning and areas for commercial
development within the community without
additional rezoning as requested herein.
The existing sanitary sewers and the street
system were not engineered to support the type
of development that can occur if this property
is rezoned to CR-3/7.
No comment.
At its meeting of July 7, 1986, the Zoning
Board adopted Resolution ZB 74-86 by a 5 to 0
vote, recommending approval of the above.
c�
10169
Z4e
ill 0i 403 �1 40 4 t 0 �IOi 400'
1121 !3 414 �A
03 41 J
37 •� !� as 4 43T
►CT A
o
o J
FCR rc3/
O
U
• (co
?2 TER.
40
6
39 138
37
36
35
34
3
67
50
59
60
61
62
3
IS
1
C.
too CA
141 i� tits_. 251 y232
�i 27 i
2 4,167 ago 269 2�0
Ti , ' �6
ST
- 194 Its 194
197 r! id1 ISO
10 223 24— �� i• ao
21 17 218 219 220 21 222
60 61 62 63 i1 i3 164 1651"
6
MEMORIES SUB ST. -
16
15
14
13
12
11
10
9
6
7
6
S
4
3
Ij
2
17
10
19
20
2 1
2 2
23
24
25
$
27
2 0
2 9
30
3 1
19
Sx
e
0 19 IA 17 16 10 14, 1
T 21
'—
74L�M
411 1
ry
7/7/66
•
em #
APPLICATION F70R AMENDMENT TO ZONING ATLAS File Number ZA-83-,__
I, ' Anthon J . O'Donnell '
'Donne11, Jr , hereby apply to the City Commis-
sion of the ity o Miami or an amendment tote oning Atlas of the City of Miami as
more particularly described herein and, in support of that request, furnish the following
information:
X 1. Address of property Approximately 3427-3523 S.W. 22nd Terrace
X 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
X 3. Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to application).
4. Certified list of owners of real estate within 375' radius from the outside
boundaries of property covered by this application. (See Form 6-83 and attach to
application.)
X 5. At least two photographs that show the entire property (land and improvements).
X 6. Atlas sheet(s) on which property appears # 4 2
X 7. Present Zoning Designation RG-1 / 3
X 8. Proposed Zoning Designation CR- 3 / 7
X 9. Statement explaining why present zoning designation is inappropriate. (Attach to
application)
X 10. Statement as to why proposed zoning designation is appropriate. (Attach to appli-
cation)
I I. Other (Specify)
X 12. Filing Fee of 4 , 900
__. 9 � according to following schedule;
j' (a) To: RS-1, RS-1.1, RS-21 0.04 per sq.ft. of net lot area, minimum
RG-1, PD_H, PD-HC, 300.00
4
(b) To; RG-2, RG=2.1, $0.06 per sq.ft, of net lot area, minimum
RG-2.3, RQ-1, $350.00
RO-2.1
(o) To; RG-2,2, RG-31 0.08 per sq.ft. of net lot area, minimum
RG .3 400,9Q.,
NUL
No..
0
11
(di To: CR-1, CR-2,
CR=3, 0-1, CG- I ,
CGy2, WF-i, WP-R,
I - I, 1-2; SP1-It2,5,7,
8,9,i 1,12
(e) To: CBD-1, SPI=6
010 per sq.ft. of net lot area, minimum
560.00
140 x 350 = 49,000 sq, ft,
0.12 per sq.ft. of net lot area, minimum
600.00
(f) For any change in a sector number only, for a particular district classifico-
tion, the fee shall be the some as for a change in its district classification, as
shown in (b) through (e) above.
(g) Surcharge equal 'to applicable fee from (a)-(c) above, not to exceed $500.00;
to be refunded if there is no appeal. (City Code - Section 62-61)
Signature
Name Anthony J. O Donnell, Jr.
Address 1401 Brickell Ave., Miami, Fla. 33131
Phone (305) 579-0603
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
AnthonyJ. O'Donnell, Jr . , being duly sworn, deposes and
says t at a is the wner Authorized . gent or wner of the real property described in
answer to question #1, above; that he has read the foregoing answers and that the some are
true and complete; and (if acting as agent for owner) that he has authority to execute this
petition on behalf of the owner.
1 (� (SEAL)
_1
SWORN TO AND.SUBSCRIBED Anthony ' Donnell, J
before me this ;,otr, day
of _...May ..._..___._�_ ."1518 6.
Rotary Public, State of Florida ct 1-ar-e
gan T Mw n �T k" _aLl V T - S 0 -v I I to
The subject property 19 c6ffipr1Igtd of ttVdh lots which abut
the CR-3/1 2ohing corridor along the south side of Coral Way
between sa. 34tb Avenue and S.W. 16th Avenut. Although pregtht-
ly zoned for residential Uze Under an RO-1/3 zoning classifi-
cation, the property is uted primarily at an off-street parking
lot to serve the office/commercial properties fronting Coral
Way. Purtheimote, any reasonable rodtvelopmeht of the Coral Way
frontage lots would require utilization of the subject property
for off-street parking facilities. Accordingly,.the property's
present RG-1/3 zoning is entirely inappropriate,
ANTHONVJO'DONNELL, JR
i-&w qr.rjqrs qpIREf:r4OI:IaO. 'ra4we1G. #SOEw HQFFM#N. IPQFF RQ$iJ:N 4
OJg:14TE: F? A
CONCOYR5, IAQI ORICK.r�.� #V,F-NYE miAm- F,CRIP# 331,3, T-FLEPHONE :30f;i 579-P50C
10169
The proposed t6hjhg dlaaaifidAti6h of CR-V7 for the tubjtet
property is appropriate. Pitst# this toning classification is
the same as the CA-3/7 zoning on all the adjoining lots along the
south frontage of Coral WAY, in, addition, the CV-3/7 zoning
would permit a more reasonable utilization of both the subject
property and the adjoining Coral Way frontage lots as a single
building site, instead of separating the office/commercial and
parking structures between the two zoning districts, which
results in a monotonous repetition of building locations and
design along Coral Way, the rezoning would permit more, aesthetic
and more efficient site planning and building design. The pro-
posed rezoning would thereby overcome the problems of inadequate
off-street parking and inefficient building design caused by the
narrow depth of the CR-3/7 corridor along the south side of Coral
Way at this location. Finally, the rezoning would not sub-
stantially change the actual utilization of the property for
office/commercial purposes as it is already devoted in large
measure to off-street parking for Coral Way properties.
ANTHONY,O. 00 DONNELL, JR.
OFF RO qgN SKfW HQrFMAN LI , TF
PPIPAC6l. r'QPWr'0VR$ 1100+ PRICAPI.I #VENuf tol#Mi F,i QRIDA 3313' , Tgi EPt4ONE t3051 579.QOQO
A T_DD VTT
STA` t OF ;0A )
SS.
Before me. the undersigned authority, this day personally
appeared ANTHONY C . C' DONNELL ► Jl �. who being by " fiat duly worn,
upon, bath, deposes and says:
I. That he is the owner, or the legal representative of the
Owner, submitting the accemparging application for a public hearer as
required by Ordinance No. 9500 of the Code of the City of Miami, Florida,
effecting the real property located in the City, of Miami as described and
Listed on the pages attached to this affidavit and 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
Qr modification of a classification or regulation of zoning as set out in
the accompanying 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.
k. The facts -as represented in the application and documents
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
Sworn to and Subscribed before me
this y of lg & /
Not.ar,�Fliblic, e of
NrY Ccnmission Expires:
WARY PUBLIC $YAIE OF FLORIDA
NI copml"":;.A W. NAY iO,110
60no IHRU GERLRQL M , WND,
at
SEAL)
(N1 i
ANTHONY,J. O'DONNELL, JR.
Attorney for Owner
tw;tAlt LIP
0whe"' s Name ,a i t t p.t bUe t_ _s ►__R, SLr
c/o AhthtnY J. O'Donnell, Jr,r Esq,
)Mailing Address iaraanherJ.`reuric . at a1, , 1461 Brickall Avenue
Miami, Florida 33131
fielephonaNu�rspr 305 5'���06�� ..
Legal 6esript�orr�
Lots 26 through 20 Lees the south 10 feet thereof,
Block 5, MIAMI SUBUnhN ACRES AMtNbtD
14-73)
Owner's Name Richard N. Parker, Tru.ste.e _, (OW ner df Record)
C/o Anthony J. O'Donnell, Jr., Esq.
Mai ling Address , Traurio, et a1._, 14.01 Bric,kell Avenue
Miami, Florida 33131
Telephone Number t3o51 579-0603
Legal Description:
Lots 23 through'25 less the south 10 feet thereof,
Block 5, MIAMI SUBURBAN ACRES AMENDED
(4-73)
Owner's Name Carlos Salman, Trustee (Contract to Purchase)
c/o Anthony J. O'Donnell, Jr., Esq. .
Mailing Address Greenberg, Trauria, 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
Faituma Properties, N.V. Lots 3, 4, and 5,
_Owner of Record)
Block 5, MIAMI SUBURBAN
3410-3498 S.W. 22 Street
ACRES AMENDED (4-73)
Street Address
Richard H. Parker, Trustee
(Owner of Record)
35000 S.W. 22 Street
Street Address
darlos Saiman, Trustee
(Contract to Purchase)
,341Q"3500 S.M._26 Street
Legal,Description
Lots 6, 7. and 8
Block 5, MIAMI SUBURBAN
w
ACRES AMENDED (4-73)
Legal Description
Lots 3 thxoiah 8,
Block 5, MIAMI SUBURBAN
ACRES Al F_rDED (4-73) �_
(bWtSer� of ReCot`di
i. dal deteriptim ar9d street mdress of subjeft real pr rty:
L6ts 23 throucih 25 lesa the south 10 feet the.rebf, HYock 5,
MAAMS41 SVtUMM AtlktS ACMI D-Eb (4-73)
Approx.irnattly 3427-3480 S.W. 22 Terrace
2. Miam , V%brida
Owner(s) 0 suvj� real��and; pereehtage of ownership.
NOtet City of Miami Ordihmc* No. 5419 rewires disclosure of all parties
Kav `hg s financial intereste either direct or indirect, 3ti the Subject
matt r• of ,a presontatioh request or petition to the City Gomitsion.
Accordingly# question 03 rewires disclosure of all shareholders of
corVOratio", beneficiaries of trusts. WAlot " other interested parties#
together with their addresses and proportionate interest. .
1. Harold Most (50%)
5901 S.W. 74 Street, Suite 404
Miami, Florida 33143 •--w—a
2. Aichard H. Parker (40%)
5901 S.W. 74 Street ► Suite 404 V J i `i I V
Miami, Florida 33143
No,
3. Lecal description and street address of any real property (a)
owned by any party listed in aruToer to question #2, and (b) located with#.
375 feet of the subject real property.
Lots 3, 4, and 5, Block 5,
MIAMI SUBURBAN ACRES AMENDED (A-73)
.61 Approximately 3410-3498 S.W. 22 Street,
Miami, Florida
OLvNEk OR 4E FOR OWNER
ANTHONY DONNELL, JR.
Attorney for Owner
STATE OF FE=A ) SS:
COCTiM OF DADE )
Anthony J. O'Donnell, Jr.
being duly sworn, deposes and
says that ne is the (Cwner) (Attorney Far Owner) of the real property
described in answer to question #1, above; that he has read the foregoing
answers and that the same 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.
-
(SEAL)
POW)
ANniONY J. O' DQVZE s•, JR.
SNORI ?o #6M S[J:SC
before this /
day of
Florida -of" �9
at Large
MY CQ-1VUSIZ CYTT'W
NOW P00C $141E of FOR19k
6.B;.i; (pip! VEV04k MotXo 7
(serer)
EZI
IOwters of Record)
1. dal description and street address of subject real pri rtyt
Lots 26 through 29 legs the south 10 feet thereof,
MIANII SUSt)RSAN ACRES Ai 9bP-b (4-11)
3451-3523 S.W, 22 Terrace
Z. ckomttf s) of su ►'emt real +ra 4 a11d pereentage of ownership,
tote t City of Miami Ordinmee No. 5419 requires disclosure of all parties
wring a financial interest, either: direct or indirecti in the suojeot
ira ter of a presehtationF request or petition to the City Coff"ission.
Accordingly# question 42 requires diselesure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
toPther with their addresses and proportionate interest.
KAITUKA PROPERTIES, N.V. .. 100%
1, ,dose rout -Castro (50%)
EGL Real Estate, Inc.
3436 Coral Way, Suite D
Miami, Florida 33145
2. Angel Veranes Vazquez (50%)
EGL Real Estate► Inc.
3436 Cc: -al Way, Suite D
Miami, Florida 33145
CONIRUAL
Ni
dock 5 ,
3. tecal aescription and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located withi:.
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
,6r
STATE: OF FIDRIDA ) SS:
CWL IrY OF DARE )
t %
OWNER OR. F1JEY FOR OWNER
ANTMONY O'DONNELL, JR.
Attorney for Owner
Anthony J. O'Donnell, Jr.
being duly sworn, deposes and
says that ne is the (CGwner) (Attorney or Owner) of the real property
described in answer to question 01, above; that he has read the foregoing
suers and that the same are true and complete; and (if acting as attorney
fo
r owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
S�IOW'1 TO P.t� S .
before this
day of , 9
MPrAaY PU�t C PATf OF Fl9R1D►
'Y Cyr;!'. ,s{sr E?'P. ply
.1
(SEAL)
J. O' DC)N ELL, JR.
i el i r 4
Fl p . ida at Large
(over)
El
C
bign Sn op a*vS 2p
(Owners of Atcord)
1, Leal description w-d street Wren of subject real property:
Lott 26 throutth 29 less the south 16 feet thereof, Block 5
MIAMI SURUABAN ACRES AMENDt D (4-11)
3491-3523 S.W. 22 Terrace
2. owner(s) of su&',`i?-tt real pro ms::... acid` peroentagt of ownership,
mte: City of Miami ordinance No. 9419 requires disoiosUre of all parties
avl,tig a financial interest, either direct: or indirect, in the subj'eot
matttr of a presentation, request or petition to the titY Coi1t"nissi0ft-
Aetordingly# question 42 requires disclosure of all shareholders of
tetpbeations, beneficiaries of 'trusts, arxl/or any other interested parties,
together with their addresses and proportionate interest.
KAITUMA PROPERTIES, N.V. - 100%
1. Jose Font -Castro (50t)
EGL Real. Estate, Inc.
3436 Coral 'Jay, Suite D `DQ
Miami, Florida 33145 CON RUL
2. Angel Veranes Vazquez (50%) Ll
(�
EGL Real Estate, Inc. Nn.
3436 Ccral Way, Suite D
Miami, Florida 33145
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located with t.
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,
J
OWNER OR F'14EY FOP, OJrNER
ANTHONY 0' DOIJIJIIZ, JR.
Attorney for Owner
STATE: OF FLORIDA ) SS
COLrICY OF DAME )
Anthony J. O'Donnell, Jr.
, being duly sworn, deposes and
says that he is the (Owner) (Attorney for Owner) of the real property
described in answer to question #1, above; that he has read the foregoing
answers and that the saire 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.
SHORN 70 P= S kBM
beforeM this
day of , g
MY CO+WSSM F FIhZS:
Y9TAP1 PU$L'C STATE OF FLORIDA
Up... Nr1 ►q,1`E9
(over)
( me
AMIMY'J. O' DONNED,, JR.
I�cC -� F'�'• 1;;FIQjWa
at Large
s
D2SCL UM or CUN +Htp
(Contrast Purchaser)
1. Legal description and street address of subject teal property:
Lots 23 through 29 less the south 10 feet thereof,
block 5► MIAM1 SUBUAtAN ACRES AMENDED (4-73)
Appr6XiMataly 3427-3523 S.W. 22nd Terrace
2. Owner(s) of eject real p arty and percentage of ownership.
Note! City of Miami ordinance tb, 5410 requires, disclosure of all parties
ra"ving a financial interest, either direct or indirecto in the subject
matter of a presentation► request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders Of
corporations, beneficiaries of trusts► and/or any other interested parties.,
together with their addtesses and ptioportiOhate interest.
Carlos Salman, Trustee •- 100%
Beneficiary:
Carlos salman (100%)
3191 Coral Way
Miami, Florida 33145
Not-
3. Lecal description and street address of any real property (a)
owned by any party listed in amwer to question #2, and (b) located within
375 feet of the subject real property.
Lots 3 through 8, Block 5,
MIAMI SUBURBAN ACRES AMENDED (4-73)
3500 S.V. 22nd Street
Miami, Florida
� r
tiNER OR A FOR OWNEP. '
ANTHONY J . ' . , JR.
Attorney for Owner
STATE OF FLORIDA ) SS:
COLNNTY OF DADE )
Anthony J. O'Donnell, Jr. , being duly sworn, deposes and
says that he is the (Owner) (Attorney for owner) of the real property
described in answer to question 11, above; that he has 'read the foregoing
answers and that the sane are true and coRplete; and (if acting as attorney
for owner) that he has authority to execute th:.s Disclosure of ownership
form on behalf of the owner.
SWORI 70 Ate SUBSCAIBM
before me tnis
day of — 1986.
MY �?►�SI+►ISSSM E7.PI ;
oway
ANTHONY -.. O'DONNEI.L, JR.,
- r t
�c
F1 ids at Large
T 5
"IBIS ACREMM (the "Agreements') is made and entered into as of thib
day of March, I086, by and between KAI`ilfMA PPOPERTIES N.V., a Netherlands Antilles
corporation ("Seller"), and Carlos Salman, Trustee and/or his assigns ("Purchaser"),
In consideration rf the mutual tavenahts Mid promises herein +aet forth, the parties
agree as follows!
1. Purchase_:and_Sal. Seiler agrees to sell to Purchaser and Purchaser agrees
to purchase from Seller that certain parcel of property located in We Gounty,P'lo-
rida, with a surface area treasuring approximately 45,500 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
�-- ership and/or operation of the Realty.
(d) All of Sellers rights in and._to the name of the building on the Realty,
if any, and general intangible rights pertaining to the ownership and/or oper-
ation of the Realty.
.y (e) All stripes, gores, easements, privileges, rights -of -way, riparian and
. other water rights, rights to lands underlying any adjacent streets or roads,
.� ) and other appurtenances pertaining to or accruing to the benefit of the Realty.
All of the Realty, other property, and rights described in this paragraph 1 are
sometimes collectively called the "Property".
2. Purchase Price. The purchase price to be paid by Purchaser to Seller for the
Property is (the "Purchase
Price").
3. Deposit. To secure the performance by Purchaser of Purchaser's obligations
under this Agreement, Purchaser has delivered to the'law firm of Greenberg, Traurig,
Askew, Hoffman, Lipoff, Rosen & Quentel, P.A,, as escrow agent (the "Escrow Agent"),
the sun of by check the proceedsof 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") pf the
sure Q1 to be held together 'with., and on the
same berms and c:enditions as, the Initial Deposit, Once the Additional Deposit is paid
,fie.
0
to Escrow Agent, the term 'NP69it" shall mean the Initial Deposit plus the Additional
Deposit; prior thereto, whenever used herein, the term "Deposit" shall mean only the
Initial Deposit, T-Ine Escrow Agent shall invest the Deposit in an interest bearing
Account, certificate of deposit or repurchase agreement maintained with or issued by
a towercial batik or savings and loati association doing business in Dade County,
Florida, All interest accured or earned on the Deposit shall be paid or tredited to
Purchaser extept 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 wilfull negligence.
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
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.
Total Purchase Price.
5. Purchase Money First Note and Mortgage. At closing Purchaser shall execute in
favor f Seller a Purchase Money Note (the "Purchase Money Note") in the principal am-
o/unt of bearinginterest at the rate of nine and one-half percent (9-+fix)
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 fgllowing acceptance.of this Agreement by both
parties, Seller, at Seller's expense, shell deliver to Purchaser''s•attorneys, Green-
berg, Trourig, Askew, Hoffman, Lipoff, Rosen Quentel, P.A., Attention; Pedro A.
Martin, ttq., a complete abstract of title setting forth all matters at retard atfec=
ting the title to the Realty from earliest 'public records to a date subsequent to the
ddte of this Agreement, n e abstract shall be recontinued at Purchaser's expense with-
in thirty (SO) days before closing, with -
Upon closing of this transaction the abstract shall
become the property of purchaser. The Abstthtt &hall 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 t6ting 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
7
` 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
3
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
3 the title unmarketable subject to the matters as aforesaid, Seller shall have ninety
(90) days to cause such defect(s) to be cured including the filing of any lawsuits.
Seller agrees to remove by payment, bonding, or otherwise, with the proceeds from
the closing, any liens against the Property capable of removal by the payment of
money or bonding. Seller shall bring y suit, if necessary, to cure an other defect
or to buy-out or Settle an other claim or lien against the Property, The date e of clo�
/ 6ing may be extended for 4 period not to exceed ninety (90) days for purposes of
R
eminating any title .deecte, In the event that Seller does not eliminate such defect
as of the date bf +dosing as the tafhe flay be extended under the preteding §entente,
putthaaer shall have the option of either. () closing and accepting the title "As
is", without reduction in the Putth&§e Price (Oxtept for any lien that tan be rOUVead
by the payffient of money or bonding) and without claim against Seller therefor; or
(ii) tantelling this Agreement, in which event Rscrovr 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). Seiler shall execute appro-
priatedocuments at closing for title insurance "gap coverage'.
7. ConditionsPrecedent, 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 Deposit and all interest
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
io ____ - . ..yo dons A... 1-4 0S /@ P`, eu.4vf1F4 of a" sow/ric�
_ ; and on the same day of each
and every month thereafter. In the event the closing does not take place due to tattle
defects) .Qr a fault attributable to Seller, these amounts will be reimbursed -.to Pur-
chaser, Payments will continue to be :made by Purchaser on a timely basis until such
W 4 W
=a
time as Seller reteiv#s riotite from Purchaser that the Conditions Precedent nannot
be met, in which avant Purchaser shall be entitled to a refund of his deposit and
Seller shall keep the Additional Payments as tompensation. If the tlosing takes
plate Seller agrees to give to'Purthaser a credit equivalent to the amounts received
as Additional payt►enta, which amounts shall be reduced from the of the
Purchase Money Note and First Mortgage.
9. Zoning. Purchaser -hall use diligent effort to have at least the North 60
feet of the portion of the Property not toned CRS-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 toned or retuned CR3-7 for
parking. All expenses incurred in connection with the zoning petitions will be paid
by Purchaser. If the Purchaser requests, the Seller will join in (a) any applications
needed in connection with the procedure for rezoning; (b) any unity of title, reso-
lution, covenant, restriction or related instrument required to rezone; (c) any
dedications of public streets, canals, utilities and/or roads; (d) any easement as
required by any governmental authority or utility company as a condition to the
granting of a permit or permits to construct improvements on any portion of the
Property; and (e) in any plat, waiver of plat, dedication, utility agreement or
any other agreement which the Purchaser may be required to submit for approval to
the appropriate governmental agency; provided that the Seller shall not incur
personal liability or expense in connection with any of the above.
10. Seller's Representations. Seller represents and warrants to Purchaser and ag-
rees with Purchaser as follows:
(a) No later than ten (10) days after the effective date of this agreement,
Seller will provide Purchaser with a list of the tenants and of the leases and
contracts which are not a matter of public record.
(b),Seller has no notice or knowledge of (i) any pending improvement liens,
to be made by any governmental authority with respect to the Property; (ii) any
violations of zoning ordinances or other governmental 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.
(r) 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 1(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.
(e) Seller has received no knowledge and has no no�1ce of any pending or
threatened litigation relating to the Property.
(f) Lots 31 4 and 5 of the Property are presently zoned CR3-7.
J.
10169
0
0
(g) As of closing, all of Seller's representations and warranties shall be
true and correct,
The provisions of this paragraph shall survive the closing.
11. befault,lsroyiiohs. In the event of the failure or refusal of Purchaser to
close this trantattioh, without fault to Seller's part and without failure of title
or any conditions pteeedebt to Purchaser's obligations hereunder, Seller shall re-
ceive the heposit, together with all interest earned thereoni as agreed and liqui-
dated damages for said breach, and as Seller's sole and exclusive ter„edy for default
of Purchaser, whereupon the patties 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-
tiont (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. I
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 Intangible Taxes. At closing, Seller shall pay the
documentary stamps and surtax due on the warranty deed of conveyance. Purchaser shall
pay the documentary stamps, intangible tax, and recording fees due on the Purchase
Money Note and hlortga e, Purchaser shall $ pay .for the recording fees on the warranty,
deed and Seller shall.pay the recording costs on documents necessary to clear title,
15, Closing, Subject to other provisions of this Agreement for extension, the
1
closing shall be hold at the 6ftitat, of the attorneys for Puteha§ar. Greenberg, Trau-
rig, Askew, Hoffman, Lip6fts Rosen & Oueht#l# P.A., at 1401 Dritkell Ave,, Miami,
Florida 15121, forty-five (45) days after Pufthaser't receipt of filial zoning approv-
al from the apptcptiate gbVernMohtAl authorities, uhlott an appeal of such final
approval it taken, in which ease C16ginj shall take place forty-five (45) days titter
the appeal decision affirming Such final approval.
Seller shall convey title t6 the Property by good and sufficient Statutory Wdr"-
ranty Deed subject only to the permitted title exceptions as provided herein. Seller
Agrees that at dosing, it will also deliver to Purchaser: (i) an appropriate me-
chanic's lien atfidavitt (ij) 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 Furchase 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 folly bound by the terms and conditions of this Agreement as if said
assignee were the original signatory hereto,
Ins2ections, Purchaser, and Purchaser's agents and cpntractQrs, shall have
the right; for a period of ton (10) business days from the data of execution of this
7
01
J
Agreement by both Seller and Purchaser, to enter upon the Property at all reason.
able ties for purposes of inspection and Mking tests and studies thereon, proms
vided that purchaser shall indemnify, defend and hold Seller harmless for all
liabilities, daffiages, claims, coats, or expenses for bodily ihJury, death, or
property damage resulting from any suth 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 not satisfaetory, Purchaser shall have the right to determine this
Agreement by nbtite 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 reports 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 laulirm 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:
With copies to:
If to Seller at:
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 Br:ickell Avenue, PH-1
Miami, Florida 33131
ECL Real Estate, Inc.
3436 Coral Way Suite D
Miami, Florida 33145
E4,Farres, Esq,
Rivergate Plaza Suits 701
444 Erickell Avenue
Miami, Florida 33131
12
L]
21. —Ris—kO —Loa. The Property shall be conveyed to Purchaser in the same Condit
ti6h at on the data of Agreement, ordinary wear and teat extepted, and Seller shall
not. remove any of its Personal Property between the date of this Agreement and doting,
In the event that all or my portion of the Property it taken by eminent domain
prior to cl6tingo Purchaser shall have the option of either: (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 obligati6nt under'
this Agreement; (ii) Purchaser tay 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 shal
be entitled to all insurance proceeds and to a credit equal to the insurance ded UC
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 athe State of Florida.
(b) In the event any term or Provision of this Agreement be deter—
mined by appropriate judicial authority to be illegal or otherwise
invalid, such provision sho 11 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.
W In the event of any litigation between the parties under this
Agreement, the prevailingparty shall be entitled to reasonable'attor-
-
nQY's fees and court costs,
W In constrvin$ this Agreement, the singular shall be construed,
9
to include the plural, the plural shall include the singular, any
gender shall include every other and all genders, and captions and
paragraph headings shall be disregarded,
24. Poreitn Inveetrent In Resi Pro rty_Tax, Ac:t. Purchaser shah have the right
to withhold at closing an attbuht in cash to ten percent (102) of the "Amount Real-
ited", as such terra is defined by Temporary Regulations Section 1.1445-M g)(5),
and the Purchaser shall forward such sum to the Internal Revenue Service as with-
holding tax under Internal Revenue Code Section 1445. The Purchaser and the Seller
shall each individually have the right (but Purchaser shall no`t be obligated) prior
to closing to make application to the Internal Revenue Service (the "Service")
pursuant to 'Temporary Regulations Section 1.1445-3T for a withholding certi-
ficate ("Withholding Certificate") authorizing Purchaser to withhold a lesser
amount of (or no) tax, and if the Service duly issues such a Withholding Cer-
tificate prior to closing, then the Purchaser shall have the right to withhold
only the amount stipulated in the Withholding Certificate and the Purchaser shall
forward such amount to the Internal Revenue Service as withholding tax under Inter-
nal Revenue Code Section 1445. It is the intent of this paragraph to enable Pur-
chaser fully to comply with Internal Code Section 1445 and related sections and
._
regulations, as modified and amended from time to time; in fuptherance of ,this 71
`V�
intent, Seller shall comply with all reasonable requirements of Purchaser which
Q. 11.L ;r•t �J 4�a ti, oi' �*P f1 is �'
are intended to effect such compliance.
j�4LV-d M ;2-t '�t>)U..a u... cL 4x-►-•,..tom UI.t7�� r
25. Entire Agreement. This Agreement constitutes the entire agreement bet-��
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 co_nterparts, each
of which shall be deemed an original, but all constituting only one agreement. ,
Signed in the presence of: Seller:
(As to Seller)
KAIT MA PROPERTIES, N.V.,
Netherlands
corpora ti Anti]les
By
. in .
10160
Purth►aw
Carlos Salman, Trustee
26. if this offer is not accepted by Steer on or before March /11 1986,
the aforesaid deposit shall be at the option of the Purchaser, returned to Pur-
chaser and this contract shall become null and void.
Tot UNb'ERSl0Ntb F;Crbw Agent hereby etkn6w1edgeg receipt of d dhetki
subject to tieerenee, in the amount of
to be held at the Deposit Purauant to the foregoing Agreement, •
ESCROW AGENT:
ORMBERG, `i'RAURM ASKEW,
— HOFPMAN, LIPOFF, ROSEN &
QMML, P.A.
(47
By: ,.CaC,�-J
Pedro A, Martin, Esq.
- 12 -
10169
f�GAL���SCR�P�N
Lot 3 $nd lot 4, less tha North 35 feet thereof, in Sloc'k 5o
Am#hded Plat of Miami Suburban Acres, according to the Plat
thereof, recorded in 'plat took 4 at Page 73 of the Public
Records of Dade County, Florida.
Lot 5, less the North 35 feet thereof, and lots 26, 27, 28, and
2q, less the South 10- feet thereof, in Block 5, of Amended Plat of
Miami'Suburban Acres, according to the Plat thereof, as recorded
in Plat Book 4, at Page 73 of the public Records of Dade County,
Florida.
a
ACAS SS Aof
THIS AGRESMS T (the "Agfeftent") is Bade and entered into as
of this a,.JL day of' 1998, by and between AIMAD 96
PARKElk, trustee ("seller"), and CAALOS SALMANt Trustee and/or his
assigns ("purchaser"). in consideration of the mutual covenants
and promises herein set forth, the parties agree as follows;
1. purchase and Sale. Sell�r agrees to sell to purchaser
and purchaser agrees to purchase from Seller that certain parcel
of property located in bade County, Florida, with a surface area
measuring approximately 38,390 square feet, including the land
and all improvements situated thereon, if any, as more particu-
larly described in Exhibit "A" attached to and made a part of
this Agreement (the "Realty"), together with the following other
property:
(a) All of the landlord's interest in and to tenant
leases, if any, for space on the Realty.
(b) All deposits, licenses, permits, and contract
rights pertaining to ownership and/or operation of the
Realty.
(c) All strips, gores, easements, privileges,
rights -of -way, riparian and other water rights, rights to
lands underlying any adjacent streets or roads, and other
appurtenances pertaining to or accruing to the benefit of
the Realty.
All of the Realty, other property, and rights described in
this paragraph 1 are sometimes collectively called the "Proper-
ty
2. Purchase Price. The purchase price to be paid by Pur-
chaser to Seller for the Property .is
(the "Purchase Price").
3. Deposit. To secure the performance by Purchaser of..,
Purchaser's obligations under this Agreement, Purchaser has de.�,�.".
livered to the law firm of Greenberg, Traurig, Askew, Hof fman
,c"� T
Lipoff, Rosen 4 Quentel, P.A., as escrow agent (the "Escrow `-
Agent"), the sum. of by: .
016
ehlak r the Pfoce ids of which Shall be held 18 an parnelt money
«
deposit the lnitia Deposit") hereunder* If Purchaser elects
to proceed with the purchase after the Inspection Period, then
within one (1) busInesa day following the Inspection Period, Put -
chaser shall give Sellet notice and deliver to Escrow Agent an
additional deposit (the "Additional Deposit*) of the aura of
to be held together
with► and on the same terms and conditions asp the initial
Deposit. once the Additional Deposit is paid tojEscrow Agentf
the term "Deposit" shall mean the initial Deposit plus the Addi-
tional Deposit; prior thereto, whenever used herein, the term
"Deposit" shall mean only the Initial Deposit. The Escrow Agent
shall invest the Deposit in an interest bearing account► certifi-
cate of deposit or repurchase agreement. maintained with or issued
by a commercial bank or savings and loan association federally
insured and doing business in Dade County, Florida. All interest
accrued or earned on the Deposit shall be paid or credited to
Purchaser except in the event of a default by Purchaser here-
under, without any default on the part of Seller, in which event
the interest shall be disbursed to Seller, together with the
Deposit, as liquidated damages in accordance with paragraph 10
below. The Escrow Agent shall not be liable for any actions
taken in good faith, but only for its gross or wilfull negli-
gence.
4. Terms of Payment. The Purchase Price shall be paid to
Seller as follows:
i
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 clostrig, sub. jest, tQ' % ...
prorations and adjustments as b6reina - qr prQ" �=�
vided, to be paid by bank 'cashier'e check r ,
drawn on a Dade County, Florida, hank or' by.
wire transfer of federal funds.
Total Purchase Price,
t
2
10169
purchase Money N0te and Mortgages At cloning Purcha►s-
er shall WOUte in favor of Seller a purchase money Mote (the
"purchase Money Not#") in the principal amount of
bearing interest at the rate of nine and one-half percent
(94al/9!) per annum, amortized over a twenty five (5) year period
with a balloon payment of the outstanding principal balance due
five (5) years from the date of the Purchase Money Note, The
payments of principal and interest shall be made monthly. The
Purchase Money Note shall be secured bF 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
County, Florida in transactions of this sort. In addition, Sel-
ler may instruct Buyer in writing to divide the monthly payments
to pay up to four separate payees.
6. Title. Within thirty (30) days following acceptance
of this Agreement by both parties, Seller, at Seller's expense,
shall deliver to Purchaser's attorneys, Greenberg, Traurig,
Askew, Hoffman, Lipoff, Rosen & Quentel, 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.Q
chaser. The abstract shall show Seller to be vested with :gas
and marketable and insurable fee simple title to the Realty, free
and clear of all liens and enqumbrancest except the fal
10169
Ad VA10tem real 6§t&tl t"09 fOr ID46 and sUble
quett years;
(b) All applicable 20hiftg Ordin&hCOA and r0gulA'
Lions;
(c) any utility easements which are located within
ton (10) feet of the boundaries of the Realty or any ease-
ments shown 6h the Plat,
(d) Any restrictions contained in the Plat bf the J
Realty.
Within the time period for providing the first abstract# Purchas-
er shall have the right to obtains at Purchaser's expenses a our -
Vey of the Realty meeting the minimum standards of the Florida
Board of Land Surveyors, certified to Purchaser and prepared as
of a date subsequent to the date of this Agreement. Title shall
be deemed good,- marketable and insurable only if Purchaser can
obtain a commitment for an Owner's ALTA Form B Marketability Pol-
icy from Lawyers Title Insurance Corporation, Attorneys Title
Insurance Funds or other national title insurer reasonably accep-
table to Purchaser, at standard rates, containing no exceptions
other than those specifically permitted above. Purchaser shall i
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 closings, including the filing of any law-
suits, Seller agrees to remove by payment, bonding, or otherwise
any lien against the Property capable of removal bye thet
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 0
lien against.the Property.. fit. the PurchaserIs'optionp.the dat
,
4
of closing may be extended for A period flat to 42066d ninety (90)
days for purposes of eliminating any title defects, In the event
that Seller does not eliminate such defects as of the date of
closing as the same.may be extended under the preceding sentence#
Purchaser shall have the option of eithert (i) closing and ac-
cepting the title "as is#" without reduction in the purchase
Price (except for any lien that Can be removed by the payment of
money or bonding) and without claim against Seller therefor; or
_ (i ) cancelling this agreement► in which event Escrow Ag�rt shall
return the Deposits and all interest earned thereon to purchaser,
whereupon both parties shall be released from all further obliga-
tions under this Agreement, unless such defects were caused- by
Seller's willful act or willful omission (in --which event, Seller
shall remain liable to Purchaser for damages caused thereby).
Seller shall execute appropriate documents at closing for title
insurance "gap coverage".
7. Conditions Precedent. Purchaser's obligation to close
this transaction shall be subject to fulfillment of the following
conditions precedent to closing:
(a) As a minimum, the North 60 feet of Lots 23, 24
and 25 of the Property must be rezoned to CR3-7 zoning clas-
sification as provided in paragraph 8 below, Lots 6, 7 and 8
must remain zoned CR3-7 through closing, and the remaining
portion of the Property must be approved by the proper
governmental authorities to be used for parking.
(b) As of the closing, there shall be no contracts
for labor or services to the Property that cannot be cancel-
led by Purchaser upon no more than thirty (30) days' notice
and without payment of premium or charge therefor.
(c) At all times during the term of this Agreement
and as of closing, all of the representations and Warranties
by Seller contained in this Agreement shall be true and cor-
rect.
(d) There is not presently and shall not be as of
the closing any moratorium on water, sewer or construction
that would adversely affect the Property.
In the event any of the foregoing conditions precedent
are not fulfilled as of closing (or earlier date if7.s ecitlec�= ••'
otherwise), then Purchaser shall have the option of althea (L)# ,4
waiving the condition and closing "as is" without reduction in
the Purchase Price (except as- otherwiae specified herein); or
5
1 016
GO cancelling this Agreement by written notice to Seller given
by cluing for earlier date if. specified otherwise)# in which
event the Escrow Agent shall return the Deposit and all interest
thereon to Purchasero whereupon both parties shall be released
from all further obligations under this Agreement.
8. 2 ni a. Purchaser shall use diligent effort to have
at least the North 60 feet of the portion of the Property not
zoned CR3-7, rezoned from its present classification to CR37.
Purchaser shall also obtain the approval of the proper govern-
mental authority to use the portion of the Property not zoned or
rezoned CRI-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 0 �
or if a aforementioned
rezoning is not obtained by November 15 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 of: (i) any
pending improvement liens to be wade by any governmental
authority with respect to the Property: (il) any violations
of 'zoning ordinances or other governmental regulations wit'
respect to the. Property; (ill) any pending or threatened
lawsuits or appeals of prior lawsuits with respect to the
PrQpertyl or (iv) any pending or threatened condemnation
proceedings with respect to the Property. '.,
3
01691
(a) Seiler is vested with good and marketable fee
simple title to the property► subleot only to the permitted
title exceptions ae providers herein,
(d) Seller shell comply prior to closing with all
laws, rules, regulations, and ordinances of all governmental
authorities having Jurisdiction over the property6
(e) The surface area of the property is at least
38,300 square feet
(f) Seller has received no knowledge and has no
notice of any pending or threatened litigation relating to
the Property,
(g) Lots 6, 7 and 8 of the Property are presently
Zoned C93-7 ,
(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-
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 -
meet, 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 right to seek sPeci.fic
performance of the Seller's obligations hereunder, without the re
by waiving damages.
Y
t
r ' ♦ 7
' ;t
'10109 `r
PLO raReal estate and personal property taxes,
insurance, rents, utilities, interest, cost and revanuas and all
other proratable items shall be prorated as of the data of clos-
ing using the maximum available discounts. in the event the
takes 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 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,
Dipoff, Posen i Quentel, P.A., at 1401 Hrickell Aver Miami,
Plorida 33131 thirty30
( days from the time that the pity
Miami has approved the rezoning of the Property as provided in
paragraph 8 hereof. Time is of the essence, Notwithstanding
anything else to the contrary -*contained hit �inR .'.(L ) thq Aeller
tey, at its opticne request the closing to bo extended to any
business day between January I And January isp 1987 at no cost to
purchaser,, and (ii) haler must obtain the retoni.ng on or
JoA
before November , if purchaser does not'obte n_ re -
toning pursuant to paragraph 8 hereof by November IJX# 9 b then
this contract shall be null and void and all parties shall be
released from their obligations and the Deposit shall be returned
to purchaser.
Seller shall convey title to the property by good and
sufficient Special Warranty Deed subject only to the permitted
title exceptions as provided herein. Seller agrees that at clos-
ing,, it will also deliver to Purchasert (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 Selzer shall indemnify, defend and hold Purchaser harmless
from same. Seller shall be liable for such brokerage commission
only if this transaction' closes. If the Deposit is paid to
Seller as a result of Purchaserls default, the Broker shall n t #�'
have a claim to said Aeposit. If a claim for brokerage in con-
nection with the transaction is made by any other broker, sales.
man or finder cla �ming to have dealt through Qc on behalf. of ors
A �V
0J,,
• f
of the parties hereto (the OlndeffinitOfoh said Indemmitmr shall
Indemnify and hold the other party hereunder (the "IndemniW")
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#
16. As ai,.gnabili_ty, Purchaser shall be entitled to freely
assign its rights hereunder. In the event of an assignment, the
assignor shall be releised from any and all of the assignors 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 IS, 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 deve3
opment, or that the rezoning will probably be unsuccessful, Pu
chaser shall have the right to terminate this Agreement by not3
to Seller, whereupon Escrow Agent shall immediately return
Purchaser the Deposit with interest and each
party 'shall
relieved of his obligations ari�iing hereunder, :;' Seilar agree
provide purchaser with any plans, plate, aurvei►a, �et,q'iner
reports and other. documents. in Seller's possession which
assist Purchaser in its investigation upon request,' by
J
e
�10�
10169,
chasar, Notwithstanding anything to the contrary contained
hereinr It Purchaser does not file for the rezoning of the Prop-
eirty in accordance with paragraph 5 hereof by May 15, l9e6, this
Agreement shall be null and void and each party shall be released
of his obigations hereunder and the Deposit shall be returned to
the Purchaser.
Is, MA" tional.__.Payment,s. In addition to the Purchase
Price, Purchaser will pay to Seller a monthly amount of
in advance commencing on ,Tune 15,
1986; and on the same day of each and every month thereafter
until closing, in the event the closing does not take place due
to title defect(s) or a fault attributable to Seller, these
amounts will be reimbursed to Purchaser. Payments will continue
to be made by Purchaser on a timely basis until such time as
Seller receives notice from Purchaser that the Conditions Prece-
dent cannot .be met, in which event Purchaser shall be entitled to
a refund of his deposit and Seller shall keep the Additional Pay-
ments as compensation. If Purchaser does not obtain the rezoning
approval by October 31, 1986, but obtains it before Novernbp Or
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
is not contingent on rezoning,} Ipt F�aakoL
ate__ tit 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 condDtions*or,thatT.
elects not to purchase the Property►. I E; pur.ehawer eieets nod.;t ......
purchase the Propertyr this Agreement shall be 'tertainated41
,
Property shell be released from the zoning 'Application, the'
arties shall be released from' elf their � . • #1 oobligations*' aril the
Deposit shall be returned to the Purchaser,
' 10169
k
► s ow Ac tit r The parties hereby indemnify and hold
Escrow Agent harmless from and against and+ 16880 liability, oiaim
or damage Escrow Agent tray 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` -
e-
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 rec�ghl2e 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. 74ih 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,
ordnar y wear and tear excepted, free of ail tenancies or occu�,,
ancies 4
p , and Seller shall not remove ari Fthing.Tf�com the Proper. ►, ? ;l�?.
between the date of this Agreement and`,closing, ' in the ev.en�„ •°.;
that all or any portion of the Property is taken by emlinen
}
�i
- 12
domain prier to +closing# Purchaser shall have the option of
eitheri (i) oancel.ling this Agreement and receiving a refund of
the deposit, together with all interest earned thereon, whereupon
both parties ahall be relieved of all further obligations under
this Agreement; or (if) Purchaser may proceed with the closing in
which case purchaser shall be entitled to all condemnation awards
and settlements. in the event that the property is damaged or
destroyed by fire or other casualty prior to closing, Seller
shall have the option to rrepaif and restore the Property to the
sane condition as be -lore 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
S
f ninety (90) day period, then Purchaser shall have the option of.
z
either: (i) cancelling this Agreement and receiving a refund of
the Deposit (together with all interest earned thereon), where-
f 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.
(d) For any utility charges not paid by the.ciosing
date.
The provisions of this paragraph shall survive the
1
c osing. e:
y fit. •�.� .� � d �. J. .•t ;F'� t
e , K
49
24. Miscellaneous.
(a) This Agreement shall be construed and govOrnad r
in accordance with the laws of the State of Florida.
IF 13 -
10169
40
Aft
(b) in the event any term or provision of this
Agreement be determined 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 remainder of this
Agreement shall be construed to be in full force and effect.
(e) In the event of any litigation between the par-
ties under this Agreement, the prevailing party shall be en-
titled to reasonable attorneys 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,
5. Foreign investment .in_ Real Property Tax Act. i 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
person: (i) if the Seller is a natural person, an Affidavit
which states the Seller's United States taxpayer identification
number and home address, and that the Seller is not a "foreign
person" within the meaning of the United States tax laws and to
which reference is made in Internal Revenue Code Section 1445
(b)(2); or (ii) if the Seller is a corporation or otherwise not a
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 sum to the Inter-
nal Revenue Service as withholding tax under, Internal .RevenueJF�!,-
_.
Code Secticn 1445. The Purchaser and the Seller shalleac*py#r�ri vidual h ,
y have the right (hut Purchaser shall not 'b oVIAged)�'`''n ;
prior to closing to make application to the internal iivinoe+`_ Sergi
vice .(the "Service") pursuant to ,Temporary Regulations Section'
14
R
1 a1441-3T for a withholding certificate (Nithhoiding dartiii�
cite") authoritinj purchaser to withhold a looser amount of (or
no) tax, and if the Service duly issues such a Withholding Corti-
ficate prior to closing, than the Purchaser shall have the right
to withhold only the amount stipulated in the Withholding Certi-
ficate and the purchaser #hall forward such amount to the Inter-
nal Revenue Service as withholding tax under Internal Revenue
Code Section 1445. It is the Intent of this paragraph to enable
Purchaser fully to comply with internal Revenue Coe Section 1445
and related sections and regulations, as modified and amended
from time to time; in futherance of this intent, Seller shall
comply with all reasonable requirements of Purchaser which are
intended to effect such compliance.
264 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:
Ilee _
RICHAR ER, Trustee
(As to Seller)
PURCHASER$
t40 Purc ha$er j
_0
MW
The VOWS that they are th
to a cafMiggion and they Agree to reae' ve the brokerage COMM's
401ftPengati" to them for
tb
sion got forth in PAgt&Ph full 'L
thiS 01621hO, CAA SXLW INC A
1��tNS�ASfiIN�
INC'
Sy.
16
0169,
• r
fiat Uw5ti5taNtIo tacrev Agent hereby acknowledges receipt of
a cheek # subJact to clearance# in the amount of
to be held as the deposit pursuant to
the foregoing Agreement,
ESCROW ACENT t
OREENSMOO TRALM10t ASKEW,
HOFFMAN j L tMrP t ROSEN 0
By..
PEDRO A. VARTINI Esq.
i
. - 'i w e . •;! t �r J of
•x' �f
r iit'i —*All
L20A& DESCIUMIO
Lot 6, less Coral Way Street; Lot 7, leas the
following strip for street purposes:
Beginning at the Northwest corner of said Lot
7, thence run South on the West line of said
Lot 7, a distance of 34.02 feet more or leas,
to a points thence run mast 50 feet, more or
leas, to a point on the Bast line of said Lot
71 said point being 34.0 feet South of the
Northeast corner thereof; thence run North
34►0 feet, more or Yeas, to the Northeast
corner of said Lot 7; thence run nest 50 feet+
more or less, to the point of beginning, all
in Block 51 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
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 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.
F.
LAW OFFICES
0 Ott it N at iit,, I PAU[1to, ASKEW, HoFFMAN, Upoo'F, A0.9tN & OUtNTEL., P. A.
LI,C.,AE.0 ♦LSEPTINE
rtPNANbO C ALONSO
CESARL ALVARE3
P„OD,D- r ARAGON
OICWA60 ♦ ARKIN
RE..BIN O D ASKEW
KtR41.L SAMS-
MILARIE SASS
ALVSSA M SAUMGARTCN
P,CMARO O BAXTER
NORMANJ StNrORO
SCOTT M SEpNSTtIN
MARK D BLOOM
BUNT BRUTON
STEVE BULLOCK
ROBERT K BUPLINGTON
J PHILLIP CARVER
ALAN R CMASC
SUE M COBB
KENOALL 0 COrrtY
KAY— A OARAS2
MARK 0 DAVIS .
JErrMEY D DE CARLO
OSCAR G OE LA GUARDIA
ALAN T OIMONO
CMAMLtS W EDGAR. n1
GAMY M EPSTEIN
TMOMAS K EOUELS
DIANE O FERRARO
LAURA A GANGEMI
NICMARO G GARRETT
BRIAN K GANT
DAVID J GAYNOR
LAWRENCE GOOOrSKY
ALAN S 06LO
.+ARVEV ♦ GOLDMAN
STEVEN t 06LDMAN
STEVEN M GOLOSMITM
MATT- EW B GOaSON
DIANNE GRttNBEPG
MtLVIN N GRtENSERG
MARILYN -O GREENBLATT
ROBERTL GROSSMAN
,KENNETM C MOrFMAN
LARK• J HOrrMAN
MARCOS O JIMCNE2
MARTIN KALB
ROBERT -A KAOLAN
JOELJ KARP
JUDITM KENNEY
TIMOTMv t KISM
ALAN S KOSLOW
STEVEN J KRAVITZ
STEVEN A LANOV
ALLEN P LANGJAMP
ALAN S LEDERMAN
JErrMET E. LEVEY
LAWRENCE B LEVY
NORMAN M LIPOrr
CARLOS E LOUMIET
JUAN P LOUMIET
MICMAELJ MARCMESE
PEDRO A. MARTIN
JAY MARTUS
JOEL0 MASER
ALICIA M MORALES
ANTHONY J O'DONNELL. JR
JULuE K. OLOEHOrr
DEBBIE M ORS►IErSK•
MARII A PACMMAN
STEVAN J MAROC
OLG► MARRA
MARS -ALL R PASTERNACK
BYRON 0 PCTERStN
ALBERT D OVENTtL
JOEL PtINSTtIN
MARK J REISMAN
LVIS PEITER
NICMOLAS ROCKWELL
RAOwEL A RODRIGUEZ
MARTIN S POSEN
XICI+ARD A ROSENBAUM
RONALD M ROStNGAPTEN
DAVID I. ROSS
ROBERT D RUBIN
KAREN D PUNOOUIST
STEVEN T SAMILJAN
GARYA SAUL
CLIFFORD A SCMUL.MAN
MARLENE K SILVERMAN
STUART H SINGER
TIMOTHY A SMITH
LAURA P STEPHENSON
SAMUEL SuSI
GAMY P TIMIN
ROBERT . TRAURIG
MARIANNE A VOS
JONATMANH WARNER
DAVID M WELLS
JERROLD A WISH
TIMOTMT D. WOLrE
SHEILA r. WOLFSON
AMBLER M MOSS. JN
3ACb4ARY M WOLrr
Or COUNSEL
MIAMI Orrltt
eplCKtLL CONCOLOPS
IAOI SPICKELL AVENUE
MIAMI, FLORIDA 3313,
TELEPHONES
MIAMI (305) 57970500
enowARo (305) 523 - 8M
TELEX 60.312A
TELECONY_1305) 579.0718 • 579 0717
WEST PALM BEACM OFFICE
100 SOUTM DIXIE HIGHWAY
WEST PALM StACN, FLORIDA 33AO,
(305) 1559.15333
TELtCOPY (305) 659.6354
SPOWARD OFFICE
SUITE 1650
110 EAST BROWARO BOULEVARD
FORT LAUDERDALE. FLORIDA 33301
(305) 765.0500
TELECOPY (305) 765., 1477
WRITER S 0111ECT NO
PLEASE REPLY TO:
MIAMI OFFICE
Mr. Sergio Rodriguez
Director, City of Miami
Planning Department
275 N.W. 2nd Street
Miami, Florida 33128
June 12, 1986
Re: Request for Amendment to Comprehensive Plan/
Carlos Salman
Dear Mr. Rodriguez:
On May 21, 1986, this office filed an application for an
amendment to the Zoning Atlas from,RG-1/3 to CR-3/7 on behalf of
Carlos Salman for property located at approximately 3427-3523
S.W. 22nd Terrace (copy of application enclosed). This letter is
to request the Planning Department to initiate the process
necessary to amend the City of Miami's Comprehensive Plan to
reflect a commercial designation for this property.
i
■
1
Mr, Sergio Rodrigue2
June 12, 1586
Page 2
Please place this matter onto the next available Planning
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
M _
This Declaration of Restrictive Covenants by Xaituma Proper-
ties, NN, and Richard 14. parker, Trustee ("Owners"), in favor of
the City of Miami► Florida, a municipality of the Mate Of
Florida.
1WI.TN9.55_E!TH.,
WHEREAS, the Owners hold Fee -simple title to certain prop=
erty in the City of Miami, Florida ("the City"), consisting of
Lots 3 through 8 and Lots 23 through 29 less the South 10 feet
thereof, Block 5, MIAMI SUBURBAN ACRES LIMITED, as per the plat
thereof recorded in Plat Book 41 Page 73 in the Public Records of.
Dade County, Florida (the "Property"); and
WHEREAS, the Owners are presently applicants before the City
of Miami City Commission for a change of Zoning Classification in
the Official Zoning Atlas of the City of Miami, from RG-1/3 (Gen-
eral Residential) to CR-3/7 (Commercial Residential) for Lots 23
through 29 of the Property; and
WHEREAS, the Owners are desirous of making a binding commit-
ment to assure that the Property shall be developed in accordance
with the provisions of this Declaration;
NOW, THEREFORE, the Owners voluntarily covenant and agree
that the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running
with the land binding upon the Owners of the Property, and their
- successors and assigns as follows:
A. Building Height Limitation. The height of buildings
located within fifty (50) feet of the south property line of the
Property along S.W. 22nd Terrace shall .not exceed two (2) stories
or thirty-five (35) feet measured from grade at the building.
B. Landscape Plan and Buffer. Prior to the issuance of a
building permit on the Property, Owner shall Obtain approval of a
landscape plan from the City of Miami Planning Department. Which
Prepared by:
Anthony J. O'Donnell, Jr r 95q.
Greenberg, Trabrig, Askew,
Hofftan Lipoff, Rosen 6 Quentel, P.A.
1401 Arichell Avenue
Kiami, 'Plorida 33131
plan shall reflect a landscape buffer with a Width of twenty (20)
feet along the entite south property line of the Property along
S.W.22nd Avenuewhich buffer will contain heavy, v 9ually
impenetrable landscaping so as to obscure the view of the Prop-
erty by adjacent property owners to an extent reasonably pot-
Bible. The landscaping of the property shall be installed in
conformity with said landscape plan; and the Owners shall also be
responsible for the maintenance of the landscaping on the Prop-
erty.
C. PAR Limitation. The non-residential Floor Area Ratio
(FAR) of the Property as defined in City of Miami Zoning Ordi-
nance 9500, as amended, shall be limited to a maximum of 1.5 FAR.
D. Vehicular Access 'Limitation. No vehicular access for
ingress or egress shall be permitted across the south property
line of the Property along S.W. 22nd Terrace.
E. Effective Date. If the City Commission of the City
approves the Owners' pending application for an amendment to the
City of Miami Zoning Atlas, and after said approval has become
final and non -appealable, this instrument shall constitute a
covenant running with the title to the Property and be binding
upon the Owners, their successors and assigns. These restric-
tions shall be for the benefit and limitation upon all present
and future owners of the Property and for the public welfare.
F. Amendment and Modification. This instrument may be
modified, amended or released as to any portion of the Property
by a written instrument executed by the then owner of the fee -
simple title to the land to be effected by such modification,
amendment or release providing that same has been approved by the
City of Miami Commission. Should this instrument be so modified,
amended or released, the Director of the Planning Department or
his successor, shall execute a written instrument in recordable
form effectuating and acknowledging such modification, amendment
or release,
T 2 -
a
Sri Term. o.f.Covenant. This voluntary covenant on the part
of the owners shall remain 1n full force and effect and shall be
binding upon the 0whers, their successors and assigns for an
initial period of thirty (�O) years from the date. of thin instru-
ment is recorded in the public records and shall be automatically
extended for successive periods of ten (10) years thereafter
unless modified► amended or released prior to the expiration
thereof.
14. Presumption _of, compliance,. Where construction has
occurred on the Property or any portion thereof, pursuant to a
lawful permit issued by the City of Miami► and inspections made
and approval of occupancy given by the City, the same shall
create a presumption that the buildings or structures thus con-
structed comply with the intent and spirit of this Declaration of
Restrictive Covenants and said Declaration shall not be construed
as a cloud on title to any of said property upon which said
development has occurred.
I. Inspection and Enforcement. It is understood and
agreed that any official inspector of the City of Miami may have
the privilege at any time during normal working hours, to deter-
mine whether the conditions of this Declaration are being com-
plied with. An enforcement action brought by the City shall be
by action at law or in equity against any party or person violat-
ing or attempting to violate any covenants, either to restrain
violations or to recover damages. The prevailing party in the
action or suit shall be entitled to recover costs and reasonable
attorneys fees. This enforcement provision shall be in addition
to any other remedies available under the law.
J. Severability. Invalidation of any one of these cove-
nants by judgment or Court in no wise shall effect any of the
other provisions of this Declaration, which shall remain in full
force and effect,
K. Recording, This Declaration shall be filed of record
among the Public Records of Fade County? Florida, at the cost of
the Owners,
0169
IN WfTNtgg WtREM the uMdttti9ftLhd h&9 96t th6it handg and
staffs this day csf 1§86,
RAMMA PROMATIM N.V.
RICHARD H. PARKER; Trustee
STATE OF FLORIDA
SS
COUNTY OF BADE
The foregoing instrument was acknowledged before me this
day of ► 1986 by of KAI111UMA
PROPERTIES N.V.
NOTARY PUBLIC
State of Florida At Large
My Commission Expires:
STATE OF FLORIDA
SS
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
day of 1986 by RICHARD H. PARKER, Trustee.
By:
RICHARD H. PARKER, Trustee
NOTARY PUBLIC
State of Florida At Large
MY COmmissiontxpires;
W 4 -
the Resolution arid
of"etled 4
MP, George Bark et uhe L -Oolowing
moved its adoption.
RtsOtUTTAN-Z,B 14-86
AMR CONSIDERING THE FACTORS SET FORTH IN
SECTION 3509 OF ORDINANCE 9500, AS AMENDED;
THE ZONING ORDINANCE OF THE CITY OF 14IA1,110
THE ZONING BOARD ADOPTED RESOLUTION ZB 74-86
RECOMMENDING APPROVAL TO THE CITY COMMISSION
OF THE CHANGE OF ZONING CLASSIFICATION IN THE
OFFICIAL ZONING ATLAS OP ORDINANCE 9500, AS
AMENDED, FROM RG�1/3 GE14BRAL RESIDENTIAL (ONE
AND TWO-PAMILY) To CR-3/7 COMMERCIAL -
RESIDENTIAL (GENERAL) FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3427-3523 8W 22
TERRACE, ALSO DESCRIBED AS LOTS 23 THROUGH 29
INCLUSIVE LESS THE SOUTH 101 THEREOF, BLOCK
5, MIAMI SUBURBAN ACRES AMENDED (4-73)
PbR6D*C6
Upon being seconded by Mr. Lorenzo Luaces, the motion
was passed and adopted by the following vote:
AYES: Ms. Morales
Messrs. Gort, Barket, Luaces and Romero
NAYES: None.
ABSENT: Ms. Basila
Messrs. Channing, Milian, Moran-Ribeaux, and
Sands
Mr. Perez-Lugones: Motion carries 5 to 0.
i
city by, #JMIAW PL64ibA
iNttPt-6Pf'ICt MtM014ANbUM
Tr
%patty Hirai, City Clerk BATE
Attn: Sylvia Lowman, beputy City Clerk
SUdJE . '
,�
Jo 1 8. Maxwell PtFERlNrES
sistant City Attorney
December 1, 1986 IMF
Otdinances 10168, 10169 and
10171
Pursuant to instructions of the City Commission clarifyinq
their intent as to "transitional boundaries" for parcels which
are the subject of lane 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 -
cc: Sergio Rodriguez, Director —Planning Department
Attn.: Guillermo Olmedillo, Chief Neighborhood Division
Lucia A. Dougherty, City Attorney
ale 'ar aban tanuew
-
urzeleSujnuv'£p f0--OQW00006:;
Alle'plalueze4 U ueWM'uuew4Pe9
ulMP3.'4E '60,— 43C$t90Q 91♦'
Mlle 'ill!!eH � seq�l
wPe#oSaalle)
IIIM 4ultilwPN �+^ �aUle� ,� 40►Q ➢6
'uJOH340JOIA C- 10 -`d3;9
/E900;a9'
tle'4olt�tl'PIa4�v°te6Qg
P�#a)z1R#)p�
'IIIM du!ltlwPy =- uNOV 1019 0C
401ftl#QQ 9B t4t!'Ad>Sla
Ville lir 000tB tl 6oy "91eM PvUV.a
tOlangao
luaw, d tllnv auPAW
a�aaep E4 'S0 �- �A@1'�fl�OQ ft9 '�
a�aey�s►Q ��a1MaA!'*�..�AiY ��' ,
A#le't#eBPUd YtWW lop*M
�PtlsodaP P# ^ JelPeN ^. 1# IN#-
�tle'�,teAi�ll�
u�Pe �+eulu�nS
•. �t>�nf�
=, �ne�>i �>. tC�t9 I#i
tloAh AllUd 4C 'C9 401900 8@.
a���e� vQaa 7lt��a�
�)ll*tl#Pq
�W
#laoo��I' 00; .
W alueNG�e1$ 0�'&0^:l��t#l#49�
�Ae
IIIM
¢ 99SlaPl'N �
Pv #149 A
QM#+&t12>'tQ xAe
?iP)d M PdeYal� `ll#ttUlrt!@P10 .
'teH
#o�ueSAeQ
MR 143
LtbAl H0110P.
MIAMI F��VI�W
Pubiished Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Sailors the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor of Legal Advertising 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 MIAMI
ORDINANCT NO. 10169
In the .. , :. XXX .... :................. ......... Court,
was published in said newspaper in the issues of
Oct. 30, 1986
Affiant 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 neat preceding
the first publication of the attached copy of advertisement: and
affiant further says that she has neither paid nor promised any
person, firm or corporation nyunL rebate, commission
or r and for the purpose othis advertisement tar
p lion in the said now,r,/ ).onA 1i trrr;.. / i
Swom to prtd'osub ffbad befoi me this
3 Ot h day of ... ` , ..... AID. �9 . Pt 6
s
u*Ftt
Pyblic St of;ftoItaa at Large
(SEAL) f��i4jE Cif t 1� 1'�
My Commission expire$ A1+16;1199&i
MR 148
All iiltr?rt?Stf'rI pgrsons wM take n0hCP that On the 23rd tlay „"I
nclobe(, 1986. the City M Miarni. FiOhda. adopted (he
!ollowingtit!ed c+rdin t; t
ORDINANCE NO 10165
AN EMERGENCY ORDINANCE AUTHORIZING THE ISSU•
ANCE OF SPECIAL OBLIGATION BONDS. SERIES 1986A
PROVIDING FOR TI-IF TERMS THEREOF AND CERTAIN MAT-
TERS IN CONNECTION THEREWiTH. DECLARING THE
ORDINANCE AN EMERGENCY MEASURE; DISPENSING
WITH THE READiNG OF THE ORDINANCE ON TWO SEPA.
RATE DAYS: AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 10166
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLANS BY CHANGING THE DESIGNA-
TIONS FOR THE SUBJECT PROPERTIES FROM MODERATE
TO HIGH DENSITY RESIDENTIAL DESIGNATION TO
RESIDENTIAL/COMMERCIAL DESIGNATION ON
SOUTHWEST 27TH AVENUE FROM APPROXIMATELY 100
FEET SOUTH OF BIRD ROAD TO TIGERTAIL AVENUE AND
FROM LOW TO MODERATE RESIDENTIAL. DESIGNATION
TO, MODERATE DENSITY RESIDENTIAL DESIGNATION EAST
OF CENTER STREET, FROM APPROXIMATELY WO FEET
SOUTH OF BIRD ROAD TO APPROXIMATELY 200 FEET
NORTH OF DAY AVENUE, AND WEST OF SOUTHWEST 27TH
AVENUE FROM COCOANUT AVENUE TO APPROXIMATELY
100 FEET NORTH OF BIRD AVENUE, AND ON LOTS
FRONTING THE SOUTH SIDE OF COCOANUT AVENUE FROM
VIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF
27TH AVENUE, FROM LOW DENSITY RESIDENTIAL DESIG-
NATION TO MODERATE TO HIGH DENSITY RESIDENTIAL
DESIGNATION FOR LOTS ON THE NORTH SIDE OF COCOA-
NUT AVENUE FROM APPROXIMATELY 150 FEET EAST OF
VIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF
27TH AVENUE; FURTHER, CHANGING THE DESIGNATION
FOR THAT PROPERTY'APPROXIMATELY 100 FEET 13Y 200
FEET IN SIZE, FRONTING ON THE EAST SIDE OF SOUTH.
WEST 26TH AVENUE, BETWEEN SOUTHWEST 27TH LANE
AND SOUTHWEST 28TH STREET FROM A DESIGNATION
OF LOW DENSITY RESIDENTIAL TO A NEW ONE OF
RESIDENTIALICOMMERCIAL; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABIG
ITY CLAUSE.
ORDINANCE NO. 10167
AN ORDINANCE ADOPTING THE MIAMI COMPREHENSIVE
W�� Np DDENDUM, DATED SEPTEM-
IN) FROM FIG It3 GENERAL RESIDENTIAL ENTIALL (ONEIBED ANDHTWO.
FAMILY) TO CR-2/7 COMMERCIAL -RESIDENTIAL (COMMU.
NITY) BY MAKING FINDINGS; AND By MAKING ALL THE i
NECESSARY CHANGES ON PAGE NO.32F OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO.9500 BY REFER. ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, 3
THEREOF; CONTAINING A REPEALER PROVISION AND A 0
SEVERABILITY CLAUSE, 0
0
ORDINANCE NO. 10176 10
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPE.
CIAL REVENUE FUND ENTITLED: "SENIOR
f0
30
CITIZENS SPE.
CIALIZED POLICING PROGRAM", APPROPRIATING FUNDS
FOR ITS OPERATION IN THE
gip.
AMOUNT OF $437�1266 COM.
PMENT OF OSED OF $218,350 FROM THE UNITED STATES DEPART.
JUSTICE, THROUGH H$
OF IA COMMUNITY A RS, AND
OF NT
.18,9 6IDFROM THE CITY
MIAMI LAW ENFORCEMENT
/a
TRUST FUND; CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE.
Said ordinances may be inspected :by the public at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Monday
Florida,Flori
through Friday, excluding holidays, M
a
and 5:00 P.M. between the h f, A,M.
G11Y °F CITY OF MIAMI, FLORIDA
cW�a.. ��� MYTY HIRAI
(M4094) CITY CLERK
C
t0/30
LJ
Ape �aultualeA q h4vt
',aiiy Pa,iitt'1£'z0 -- 40991,900,99
Ape 'J[ e5aA !enueyy
',eze!eS ainiiji'£V '60 — UOPS1900 99
Atle 'p�aluezeil H uaue�r, 'uuetttUP?0
u!mP3 'tr£ '£0 -- 43C01900 99
Atle'lit IIeH 1 sal!NI
'WON 3 J0131A'0£ 't0 ^— 11I0iS1900 99
AIIe 'u01M0A PlOufy 'febeg
1 IanureS 'OC 'ZO'— d0iSi90A 98
Rile 'ir ss100je H A00 pieM aipuy,0.
a5foa0 'CV 'Co gA9p1900 99
Ape 'na6ped uewut 'l4naelill
tl elluy '0£ 'CA ^� dip1900 99
Ag? ' I$9sulrJ p9 fp9
110M 01184 '0C'CO — 491,1.900 99
Ail? '405(zuvx .y uea0a 'deaa�ald
W alueAda#S 'oe 'C0 — OnV1900 9B
Atte `)lul, >I P1e9410 '411401110
auaal "9tr 'ZD — Otl(tk 00 91
rlt!?'S4iN � 00H
ve'l msii `0C 'CA ^ ID P4099 90
All? 'z0114110nINe$ '$9AES
4v rJiOMlII9ki iAUtrIN"!yR
.NIMI :Pnni,/.liM �� ! 1:A.-.:; AIMIAV�MO
86-103061 M
IrIV
wpe 10 siallal
tl!M 5ulNtwPy'— suleti ^- 1.909 99
wPe;)p s,aga�
.inM .SuitllwPq — utMOd -� 9689 A9
sesuadxa fetzng ro
luewKed '!dtnq .— aualsld ~ OL9C V9
a5reypsf0 — uplMeN — A9�9 S9-
A+ol!sOd0P '4l`;ap — ae1PN --,;999 99
a6fe40510 —, Aildltiyy — 0115150
wpe Newwng — snPJAI — p900 90
a@�?il;zsl0
Itlm`Sullliwpd 1i05n@. vgt 00
lum Gullllwpif - uo tapity = 041 ofa01?u?6to "sae) s 110
5ilnPA toll to _'`
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County. Florida.
STATE OF FLORIDA
COUNTY OF DADE.
Before the undersigned authority personally appeared
Sonia Halligan, who on oath says that she Is the Assistant
Supervisor of Legal Advertising of the Mlemi Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in bade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIA11I
Re: Notice of Proposed
Ordinance
in the ............X ..X.. X............ .... Court,
was published in said newspaper in the Issues of
Oct. 10, 1986
Afflant further says that the said Miami Review Is a
newspaper published at Miami in said Dads County, Florida,
and that the said newspaper has heretofore been continuously
published in sold Dada 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
affiant further says that she has neither paid not promised any
person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for
publicatl n in the said newspaper.
1' •,�ti'ty��'/1,1�I�1 �fljf/r�/���
1///?: i ltiv��E� �1:53"/�j k�:: �...........
SwgmAto4nd ttobs4md before me this
• ! ff••+4t
day of is.
of 1z
....... `f � �• � ;%1Vtr� Pu of ....... , .. .
'. Notary Pull ,,408tJ of �lorids at Large
(SEAL) �TltiY O�`�```
M Commission tJ1%'4988.
c:�tAitlit_
bJ►bt1�Wtrrt 1�40t1tbA
0111606811bt611111NAMOft
Notice°I9 hereby 01yah That the
City C0thttdsS1611 6I the City bf
Miafhl. Plotlda; will d6hMdar the
following btdlftent e(s) Oh 1§e1:611d
and final teadirtg 611 Ontcbef 23,
100 088, C6Ifllhencin et 0 A.M. In
this City 06fhth1§8I6h ChAfttttera,
MOO Pat; Arherldah Drive, Mlarhi, j
Florida:
ORDINANCE NO.
I
AN ORDINANCE AMENDING
ORDINANCE NO, 95o0, THE
ZONING ORDINANCE OF THE
CITY OP MIAMI, FLORIDA, 13Y
AMENDING 93205 OF ARTICLE
132 ENTITLED "STATUS OF DECI-
SIONS OP ZONING BOARDS;
;REVIEW BY CITY COMMISSION;
COMMISSION POWERS; JUDICIAL
REVIEW," BY AeOUIRING
EXHAUSTION OF ADMINISTRA-
TIVE REMEDIES PRIOR TO JUDI-
,CIAL 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 SEVEIIABILITY 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 4220, 42341
AND 4244 N.W. 2ND STREET, AND
APPROXIMATELY4225 N.W. 1ST
STREET, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HERE-
IN) FROM RG 113 GENERAL RES.
IDENTIA'L (ONE. AND TWO-
FAMILY) TO CR-217 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. 9500
BY REFERENCE AND DESCRIP-
TION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A
REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO.
AN ORDINANCEAMENDING
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^I22ND TERRACE,, MIAMI;
FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG
113GENERAL RESIDENTIAL (ONE
AND TWO-FAMILY) TO CR•317
NERAL) BY MAKING. FINDINGS;
AND BY, MAKING ALL7HENEC-
ESSARY CHANGES ON PAGE NO.
'42 OF SAID ZONING ATLAS MADE
A PART OF ORDINANCE NO. 9500
BY REFERENCE AND OESCRIP•
TION JN ARTICLE"3, SECTION 300,
THEREOF; CONTAINING .A;
REPEALER PROVISION 'AND A
SEVERABILITY CLAUSE.
ORDINANCE NO.
( AN ORDINANCE AMENDING
THE MIAMI;0QMPREH9N$IVE
•IBII+LJOAOIJMA o, A\, Jn9C AnC&
Y
3E91
D,
GAR 145
.4., i +_.ter
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 1648.1636
BRICKELL AVENUE, MIAMI, FLOR-
IDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG2
113 3 GENERAL RESIDENTIAL TO
AG-2115 GENERAL RESlbENTIAL
MAINTAINING THE SPI.4 BRIC-
KELL AREA MAJOR STREETS
OVERLAY DISTRICT, BY MAKING
FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES ON
PAGE NO. 37 OF SAID ZONING
ATLAS MADE A PART OF ORDI-
NANCE N0.9500 BY REFERENCE
AND DESCRIPTION IN ARTICLE
3, SECTION 300, THEREOF;
CONTAINING A REPEALER PRO-
VISION AND,A.SEVERABILITY
CLAUSE.
ORDINANCE NO.
AN ORDINANCE AMENDING i
THE MIAM)'COMPREHENSIVE
NEIGHBORHOOD PLAN 197')-lr
FORTROPERTY LOCATED AT
APPROXIMATELY 34273523 SOUT
HWEST,22ND TERRACE (MORE
PARTICULARLY DESCRIBED'
HEREIN)BY, CHANGING THE DES-
IGNATION ,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.
AN ORDINANCE AMENDING
'THE.. ZONING ATLAS OF;;ORDI-
NANCE NO. 9500,'THE ZONING
ORDINANCE I OF THE CITY,.OF
MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION
OF APPROXIMATELY 3900.3998
`WEST FLAGLER STREET, MIAMI,
FLORIDA;..(MORE PARTICULARLY
DESCRIBED HEREIN) FROM
9G•215 GENERAL' RESIDENTIAL
D TACHED.RES DENT A^LITO
CR07 COMMERCIAL•RESIDEN.
lTiAL' =MMU:NITYYM'AKING
ANt7 pkac:rl�r.a�vn nr,�ns+vi..c-
3,,"SECTION`300, THEREOF;
CONTAINIftiG A REP€ALEIt PRO,
VISION AND A SEVERABILITY
CLAUSE.'
ORDINANCE NO.
AN ORDINANCE' AMENDING
THE MIAMI COMPREHENSIVE
NEIGHBORHOOb PLAN AND
ADDENDA (SEPTEMBER 1085)
FOR PROPERTY 'LOCATED AT
APPROXIMATELY 3591 SOUTH-
WEST 22ND TERRACE (MORE
PARTICULARLY OESCRIBEb
HEREIN) BY CHANGING THE DES.
IGNATION OF THE `SUBJECT
PROPERTY FROM LOWMObE-
COMMERCIAL-RESIbENTIAL; MAK-
ING FINDINGS; AND, CONTAIN.
ING A REPEALER PROVISION
AND A SEVERABIUTY 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,
(MORE PARTICULARLY DES-
CRIBED HEREIN) FROM RG-113
GENERAL' RESIDENTIAL (ONE
AND TWO-FAMILY) TO CA-3/7
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,
ITHEREOF,CO,NTAINING 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_Drlve, Miami; Florida,
Monday through Friday, excluding
holidays,:between,the hours of 8'00
A.M. and &00 P.
All Interested persons may
appear at the, meeting and be heard
with respect•to the proposed
ordinance(s).
A.
Should any person desire to
appeal any, decision of the Clty
Commission with respect to any
matter to be considered' at, thls
meeting, that person shall ensure
that a verbatim record of the pro-
ceedings Is made Including ail:tes,
timony and evidence upon which
any appeal maybe based; -
MATTY HIRAV
CITY, CLERK;,
CITY OF MIAMI, FLORIDA
(#4002)
t0110 00101002M