Loading...
HomeMy WebLinkAboutO-1005785-813 8/7/85 ORDINANCE NO, 3,0 O,S!Z_,_4 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO, 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA0 BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 340-352 NORTHEAST 32ND STREET AND APPROXIMATELY 335-415 NORTHEAST 31ST STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-3/6 GENERAL RESIDENTIAL TO CR--3/7 COMMERCIAL -RESIDENTIAL (GENERAL) MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO, 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 31 SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of July 15, 1985, Item No. 8, following an advertised hearing, adopted Resolution No. ZB 97-85, by a 7 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 by changing the zoning classification of approximately 340-352 Northeast 32nd Street and approximately 335-415 Northeast 31st Street, Miami, Florida, more particularly described as Lots 5 and 61 Block 3, ELWOOD COURT (9-181) and Lots 4, 5, 6 and 7, Block 1, BROADMOOR (2-37) of the Public Records of Dade County, Florida, from RG-3/6 General Residential to CR-3/7 Commercial -Residential (General), Section 2. It is hereby found that this zoning classifi- cation change: (a) is in conformity with the adopted Miami. Comprehensive Neighborhood Plan; (b) 1s not contrary to the established land use patternf (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; (g) Will not adversely influence living conditions in the neighborhood; (h) Will not create or excessively increase traffic congestion or otherwise affect public safety; (i) Will not create a drainage 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 develop- ment 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 3. Page No. 21 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 changes made necessary by these amendments. Section 4. All ordinances, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. day of .NbMMPy5. ayo�h A7.' M TY HtRAI . C ty Clerk PREPARED AND APPROVED BY APPROVED A TO FORM AND CORRi C'I's8 Jt. UA v G. MIRIAM MAER LUC�A�DRTY AssistantCity Attorney Cit GMM/wpc/ab/508 1,"ccrjl,4;�—clerk of the Citv of Miami, rl rich, he _ on this,; .....day nf.,....... . A. D. 19..1�� a full, true and correct cog of the :lixwe and torc<<ting ordin-mice %vls pust%d at the :iouth Door of the Ua,!: Count., Court house nt Ill.- p!;tcc prmi:i.:d for nutic:s and i,ub'icdJ0 is by attachir'.g said caltly to the l,lac:: provided therefor. WITNLSS my land nd th- official seal or said City this .... %...:.daY oi............. le� I.ity/Clerk D. 0.g" . �..1tltl.III..�I1.1Itl111�1tl�.. I � -- CITY 6P MIAMI, IrLOWDA INTER -OFFICE MEMORANDUM 2 To The Honorable Mayon and Members DATE: September 17, 1985 tILE of the City Commission SUBJECT ORDINANCE - RECOMMEND APPROVAL CHANGE OF ZONING APPROX 340-352 NE 32 STREET & FROM. Sergio Perei a REFERENCESAPPROX 335-415 NE 31 STREET City Manager ENCLOSURES PLANNING AND ZONING ITEMS COMMISSION AGENDA - SEPTEMBER 26, 1985' 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., Florida, from RG-3/6 General Residential to CR-3/7 Commercial - Residential (General) for the property located; at approximately 340-352 NE 32 Street & approximately 335-415 NE 31 ree be approved. The Zoning Board, at its meeting of July 15, 1985, Item 8, following an advertised hearing, adopted Resolution ZB 97-85 by a 7 to 0 vote, recommending approval of the Change of Zoning Classification in the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, from RG-3/6 General Residential to CR -3/7 . Commercial -Residential (General) for the property located at approximately 340-352 NE 32 Street & approximately 335-415 NE 31 Street, also described as Lots 5 & 6, Block 3, ELWOOD COURT (9-1 81) and Lots 4, 5, 6 & 7, Block 1, BROADMOOR (2-37). Three objections received in the mail. Eleven replies in favor received in the mail; five proponents present at the meeting. Backup information is included for your review. An ORDINANCE to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. ZONING FACT SHEET LOCATION/LEGAL Approximately 340-392 NE 32 Street & Approximately 335-415 NE 31 Street — Lots 5&6 Block 3 ELWOOD COURT (9-181) & Lots 4, 5, 6 & 7 Block 1 BROADMOOR (2-37) APPLICANT/OWNER 3101 Associates Ltd. 258 NE 27 Street Miami, FL 33137 Phone # 579-1236 Villa Enterprises, Inc. 9061 SW 82 Street Miami, FL 33173 Phone # 274-3767 Betty Wales 3400 South Ocean Boulevard Palm Beach, FL 33062 Phone 7 58-9691 Kenyon Jones 13500 SW 72 Avenue Miami, FL 33145 Phone # 238-4410 Alan S. Gold, Esq. (Attorney for Applicant) 1401 Brickell Avenue Miami, FL 33131 Phone # 579-0880 ZONING RG-3/6 General Residential REQUEST Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, to CR-3/7 Commercial -Residential (General), RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL, The requested change would not be at odds wit the existing land uses in the area. The increase in depth of the existing CR-3/7 zoning district would be beneficial to the City including the subject property, by providing a more reasonable opportunity for development of office -commercial along the Biscayne Boulevard corridor. 1,00 PUBLIC WORKS DADE COUNTY TRAFFIC b TRANSPORTATION ZONING BOARD CITY COMMISSION It has been anticipated that as a result of the the platting process, a street linkage would be provided by the proposed extension of NE 4th Avenue which would be the result of land to be dedicated by the applicant to the City for public right-of-way. Consequently, a spatial buffer would be created between the commercial- ly zoned property and adjacent residential development to the east. No dedication is requested. No comment. At its meeting of July 15, 1985, the Zoning Board adopted Resolution ZB 97-85 by a 7 to 0 vote, recommending approval of the above. At its meeting of September 26, 1985, the City Commission continued action on the above. At its meeting of October 24, 1985, the City Commission passed the above on First Reading. i� t �.......ts so Sol 60 w • i it it 11 li 1e t�! ttttir y S. a TRACT "A" 1 Sp •. ' ` i � S . E3 POINT` j TRACTs PAD is t! t3 1LL 'ti Lo 1! (• -M 1 Iz 1 to 0 >vo • Q 4 ZLI so S T, w E N.E• 3 so Gov �o e0 io ya �o ss So ' ! t 1 i 1314 5 G zl to 1! Is 17 --, 13 is p to • • p i N _ p • C TIf-S' n%; — 3/ 7Tft---A . - ios Il s Ro 3 3 . ST. 10ARK, N. .. w, 7s •0 s0 Uj g_ •0 3 A ? 7 TR-,C' • t� 2 4+ S d `! t 3 �' Ui 5 • 2 s= T. 32 s - ;' 6 co(4)6 7 6 3 2 a, 10 TRACT e W 31 - C w a N. E. WIUD ao 1 T. Q O I.' 4 3 2 •i 1 3 4 S s 7 8 TRACT Q RZP TRACT•A 4 S K N TRACT A IJ .A.:i w _ s ! 5R? w ay7`� so •o sls ; N J v a;4c 50 aQm RANNI SUM ' 9 Ip TRACT A -ISO yy S'. 10� •a Ss ST .;, .. EIROA DMQM N 3046 ss _. to Lij T _• loi Io July 15, 1955 AS 21 PL r. r: L i 1 •�w.. IT' ir z ii1 , Al y ♦ r1� • t .Y�� 4 1 s }� t w y µ ♦. `i i, 3, AP P-14 .r . Item # .; + 'ARpru 344.352 NW `32 Street ffi�.++.e--.a at a111 n13 (Oat r DECLARATION Off` R29TRICTIVE COVENANTS This Declaration of Restrictive Covenants by 3101 ASSOCIATES LTD., a Florida limited partnership, ("Owner"), in favor of CITY OF MIAMI, PLORILA# a political Subdivision of the State of Florida, (the "City"); WI TN9SSETH! WHEREAS, the Owner holds fee -simple title to certain pro- perty in the City of Miami which is situated along the main thoroughfare of Biscayne Boulevard between 31st and 32nd Streets and is zoned CR-3/7, Commercial -Residential (General), and con- sists of approximately one acre, more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Owner is the option holder on certain property which is contiguous to the property described in Exhibit "A", consisting of approximately .85 acres, legally described in Exhibit "B" attached hereto; and WHEREAS, the Owner has applied to the City of Miami Zoning Board and the City of Miami Commission for a zoning district boundary change for the property described in Exhibit "B" from RG-3/6, General Residential to CR-3/7, Commercial Residential (General); and WHEREAS, the option agreements entered into by the Owner condition the sale of the property described in Exhibit "B" on the grant of a district boundary change by the City of Miami Commission from RG-3/6 to CR-3/7; and WHEREAS, the Owner is desirous of giving assurances that the property described in both Exhibits "A" and "B" (the "Property"), legally described in Exhibit "C", will be developed in accordance with the provisions of this Declaration; NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions This Instrument prepared By; ROBERT A. FAPUW, ESQ. Greenberg, Tranrig, Askew. Roffman, Upoff, Rosen & Quentel, P.A. 1401 Sriekell Avenue Kia,ai, Florida 33131 which are intended and shall be deemed to be covenants running with the lard and binding upon the Owner, its sucoessors and assigns as follows! 1 bevelo _meht_. In A c sr_dat� e_.._ With Site an. The Property shall be developed substantially in accordance with the site plan entitled "3101 Associates Ltd.", prepared by SKV Architects, consisting of pages A-1 to A-10, last revised March 27r 1985 (the "Site Plan"). The Site Plan is on file with the City of Miami Zoning department. 2. Property To Be Replatted. The Property will be replatted according to the City of Miami platting process to create one developable parcel. During the platting process, the Owner will dedicate sufficient land east of the Property to extend Northeast 4th Court as described in the Site Plan. 3. Inspections. As part of this Covenant, it is under- stood and agreed that any official inspector of the City of Miami Building and Zoning Department or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether or not the requirements of the building and zoning regu- lations and restrictions herein agreed to are being complied with. 4. Benefit of Restrictions. These restrictions during their lifetime shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 5. Time Period of Covenant. This Covenant is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty years from the date this Covenant is recorded, after which time it may be extended auto- matically for successive periods of ten years, unless an instru- ment. signed by the majority of the then owners of the Property has been recorded agreeing to change the Covenant in whole, or in part, provided that the Covenant has first been released by the City* 2 4: • Modification, Amendment or el asa, This Declaration of Aesttictions may be modified, amended or released as to the land herein described# or any portion thereof, by a written in. strument executed by the then owner of the fee -simple title to the lands to be effected by such modification# amendment or re- leaser provided that the same is also permitted by the City of Miami Commission after a public hearing. 7 keknbwledoment of Modification, Amendment or Rely. Should this Covenant be so modified, amended or released, the Director of the City of Miami Planning Department, or his successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 8. Enforcement. Enforcement shall be by action at law or in equity against any parties or persons violating or attempting to violate, any covenants, either to restrain violation or to recover damages. The prevailing party in the action or suit shall be entitled to recover, in addition to costs and disburse- ments allowed by law, such sum as the court may judge to be reasonable for the services of his attorney. 9. Invalidation. Invalidation of any one of these cove- nants, by judgment or court, shall not effect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned has set his hand and seal this , day of sr' 1985. Wi *"MaaGa 3 310 By: 10057 SICIr STATE OF FLORIDA � as CONTY OF DADE The foregoingi Instrument was aok w sdgs b ors it this day of by RY PUHLI6 I FATE OF FLORID AT LARGE My Commission Expire: q%elk EXHIBIT OAO East 34 feet of Lot 1, and all of Leta 3 ► 3 and 4► Block 3, Elwood Court Subdivisions Plat Book 9 ► Page 181 and the east 14 feet of Lot 11, and all of Lots S► 9► and 10► Block 1► Eroadmoor Subdivision, Plat Book 3, Page 37► according to the Public Records of fade County, Florida. W 5 W pppppppp EXH1O1T OCO East 24 feet of Lot l t and all of Lots 2 ► 3 4, 9 and 61 Block 30 Elwood Court SubdiviSiont Plat Book 9 p Page 181 and the east 14 feet of Lot lit and all of Lots 10r 9► S, 7, 6, 5 and 4t Block 1, Broadmoor Subdivisions Plat Book 2, Page 37r according to the Public Records of Dada County, Plorida. m 7 . �. APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83- 1, Alan S. Gold Esq. , hereby apply to the City Commis- sion of the City at iami for 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 /property bounded by Biscayne Blvd., NE 31 St., NE 32 St. and an extension ot sout o 91 32 8t. 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. x 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 (Attached - Exhibit "A")_ x 7. Present Zoning Designation RG3/6 x 8. Proposed Zoning Designation CR-3/7 X 9. Statement explaining why present zoning designation is inappropriate. (Attach to application) (Attached - Exhibit "B' x 10. Statement as to why proposed zoning designation is appropriate. (Attach to appli- cation) (Attached - 'Uhi'b1t "B") X I1. Other (Specify) Reduced photostats of project design for subject property 12. d adjoining j- g parcels (Exhibit C g a. according to following schedule., �. Fitin Fee of 3.4.4 (a) To: RS-I, RSwl.l, RS-21 0.04 per sq,ft. of Pet lot area, minimum RG- It PD-Ho PD_HC, 800.00 (b) To: RG-2, RG-2, i, P.06 per sgsft, of net lot area, minimum RG-2.31 RQ. !, , 350,00 RO-2.1 Vic) TO; RC-2.2, RC-31 R ,3 O,08 per sq.ft, of net lot area, minimum 00.00 00, (d) To: CR-1, CR-2, 10 per sq.ft. of net lot areal, minimum CR.3t 0-1, CC-1, r5060.00 CG-2, WF-It WF.R, Lot 5 & 6 (Block 3) ...............12, 600 k 1, 1-2; 5P1-I,2,5j, Lot 7, 6, 5 and all of 4 (Block 1) ..21 ,000 80901 I,12 A11ey ................. . . . .. . .. . . . 800 T0TAL.fi..6.34)400 sq.ft. (e) To: CBD-I, SPI-6 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 classifica- 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 - Sectf 2-61) Signature CLIQ�& Name Alan S. Gold, Esq. Address 1401 Brickell Avenue Phone (305) 579-0880 STATE OF FLORIDA) SS: 'COUNTY OF DADE ) Alan S. Gold , being duly sworn, deposes and says that he is the(Owner) Authorized Agent for wner o the real property described in answer to question # i, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. (SEAL SWORN TO AND SUBSCRIBED " before me this 12th day of June '-- D8 5. C�C�.G���, �� • ./.try � k otory Public, 5tate of Flo.-jiti at Large MY COMMISSION EXPIRES; 3i 'E Of 4 @OMOE4 TnPy G►+E4�4 �MSr �s,,Or Form 25-83 LAW OFFICES GmEENSERC,'rRAURiS, ASKEW, HOPrMAN, Lir:+orr. ROSEN & OUENTEL, P.A. LINbA K606PICK AbLEP STEVEN E. GOLDMAN ANTHONY J. O bONNELL. JR. MICHAEL O. ALIStOTINE STEVEN M. GOLDSMITH JULIE K. OLDEHOFF AMBLER H. MOSS..JR. - CESAP L. ALVAREZ LAWRENCE S. GORDON STEVEN J. PARDO OU00LON F. ARAGON MATTHEW B. GORSON BYRON G. PETERSEN ZACHARY H. WOLFr RICHARD A. ARKIN MELVIN N. GPEENBERG ALBERT D. bUENTEI. Or COUNSEL PtubIN O'D. ASKEW MARILYN D. GPEENBLAtt DALE S. RECINELLA "RRI L. BARSH KE ROBERt L. GROSSMAN LUIS REITEP BRICKELL CONCOU14S WILAPIE BA HOFFMAN NICHOLAS ROCKWELL + Id OI BRICKELL AVENUE NOBEN FORD MARK D. BLOOM IK,ENNEjH FC. OFFMAN ARNOLD M. JAFFEE MARVIN S. POSEN RONALD.bi. ROSENOomet IDA 33131 BURT BRUTON MARCOS D. JIMENEY DAVID L. ROSS $TEVE BULLOCK ROBERT K. BUPLINGTON MARTIN KALB ROBERT A. KAPLAN ROBERT D. RUBIN J+! KAREN b. RUNDOUI�� 1 ( 79'0500 ~ $5);523-8m ALAN R. CHASE JUDITH KENNEY STEVEN T. SAMILJAN - SUE M. COBB TIMOTHY E. KISH GARY A. SAUL TELEX 80•3124 KENDALL B. COrFEY ALAN B. KOSLOW CLIFFORD A. SCHULn. TELECOPY (305) 579.0718 MARK B. DAVIS STEVEN J. KRAVITZ jjjj MARTIN B. SHAPIRO1••1 rrtt OSCAR G. DE LA GUARDIA STEVEN A. LANOY MARLENE K. SILVERR/L 100 SOUTH DIXIE HIGHWAY RArAEL O. DIAZ ALAN S. LEDERMAN STUART H. SINGER WEST PALM BEACH. FLORIDA 33401 ALANT. DIMOND • CHARLES W. EDGAR. $ LAWRENCE S. LEVY NORMAN M. LIPOrF TIMOTHY A. SMITH �•.. / Iy, • SAMUEL SUSI �L 'JI (305) 659.6333 _ GAPY M. EPSTEIN GARY D. LIPSON I� HERBERT M. SUSKIIu'J I�I I THOMAS K. EOUELS DIANE D. FERRARO CARLOS E. LOUMIET JUAN P. LOUMIET YOLANDA MELLON TARAFA , r GARY P. TIMIN "h✓� WRITER$ DIRECT NO: �' �!� LAURA A. GANG EMI DEBBIE RUTH MALINSKY ROBERT H. TRAUPIG�O RICHARD G. GARRETT PEDRO A. MARTIN JONATHAN H. WARN nomingumm DAVID J. GAYNOR JOEL D. MASER DAVID M. WELLS LAWRENCE GODOrSKY ALAN M. MITCHEL JERROLD A. WISH _ ALAN S. GOLD ALICIA M. MORALES HARVEY A. GOLDMAN LOUIS NOSTRO REPLY TO; MIAMI OFFICE June 14, 1985 Aurelio Perez-Lugones Director, City of Miami Planning and Zoning Boards 275 N.W. Second Street Miami, Florida 33131 Re: 3101 Associates Ltd. - Amendment to Zoning Atlas Dear Mr. Perez-Lugones: This Letter of Intent accompanies the enclosed application for an amendment to the City of Miami Zoning Atlas from RG-3/6 to CR-3/7. The subject property consists of approximately 34,400 square feet and is located between N.E. 32nd Street and N.E. 31st Street and Biscayne Blvd. and the hypothetical N.E. 4th Court. The applicant, 3101 Associates Ltd., has successfully assembled a unified parcel of land consisting of 2.13 acres through a series of option agreements whereby the property zoned RG-3/6 will be purchased only if this requested zone change is approved (option agreements attached as Exhibit 1). The property will be developed with a magnificently landscaped office 'complex to be constructed in substantial conformity with the plans entitled "3101 Associates Ltd., BKV Architects, A-1 to A-R10, last revised, 3/27/85". As is evident from. the enclosed plans, this development represents the beginning of an aesthetic and economic revitaliza- tion of this part of the City of Miami.. Therefore, we urge your favorable recommendation of this request. Youyrrss very tZ"' , Robert A, Ka 1 Q574 1 S'i4 r aii CO.- r l.:06L WO Es. �iM. rl � t CIF NMI 1�Y. � Wi �r1d11 a s CI til MI �r w Y i� 1y yy� y� ) Gei i`3 it�i Wiii a.�irtr`i w ises aunhor�.ty, e}J. day ;'In. ` J a y e• S . G= who bo i .; by re U tt dU7 � •t M. t U;4:� Math, deposes AAd MMYS: 1. Th-sw' he fs the t�MMer, -Or the le,,, I ;�ePM-seH -ot-Vt t& he owaner, st:.�`:w=tYirg the Pw-0c.m.pti� V aPPI itztion for a public he-turlYIY.-4 as rewired by .!."=ce No. 5 S00 Of the Code of the City of Kiani, Flo ` Via, efrecti` g the real '°r-.7 soared' n the City of Miz*a as detc 'Wsd and .i5'I.ed on the wa5 ettoched to this affidavit and trade a part the `eol. 2. Trat 01 =.ners %,,i%ieh he represents,. if wrl, rave given -their fu11 and c fete Fe:-:ri s_ion for ht n to act in theme b��� for the change Or Of a r1Zs=...cati..a o: regulation of z......_3 2s ,. o.... in 3. T--- the 74es CaLt-wach.ed- hereto armsde a � ,, of h-'s cc.lrl.GL-i t.iie C.. en.names, m--Aling 2c.inre►.s. aS, ?Zcne .. -.-.Ie. S Z'-i • le;all desc _;+..4_crs for he real- vj..""..'�: ry va ch he is the C:ner or leg-_, re^res entative . 4. Tne fats -Ls r ear esen:.ed : n the apr'lcat=on a; dc.: z..ts s_ tted :.r. cc::,;L�ctica .:ith this af_i eMrit, are trae and cc:-e_:.. r t Sworn, to a.-& SLbs: bed before me t:1::.. �dZy of AU9USt 19 8;, . c, Sate of r? or .ram at IArza ilA+. RP1 PxJ r ALAN S . GOLD .I a OWNER'S LIST Owner's Name 3101 Associates Ltd, a a y a` a a, Hailing Address 258 N.E. 37th Street, Miami# Florida 'telephone Nurtber 576�1336 ____ __._ 4 Legal Description, Lot 5 of Block 3, Elwood Court, P.S. S, P. 181, and Lots 5,617 of Block 1, Broad=Or, P.B. 2, P. 37, of the Public Records of Dade Count+, Florida. Owner's Name Villa Enterprises, inc=---_._ Mailing Address 9061 S.W. 82nd Street+ MiaMl, Florida 23173 Telephone Number 274-3767 Legal Description: East h of Lot O, and beginning S.E. corner of Lot 6, then South 6 feet, then -Vest 30 feet; them North 6 feet,thin Bast along,Southline of Lbt 6, 30 feet to boundary line; of Elwood Court, P.B. 9, P. 181, of the Public Records of Dade County, Florida. Owner's Name Betty Wales Mailing Address 3400 South Ocean Boulevard, Palm Beach, Florida Telephone Number 758-9691 Legal Description: Lot 4 in Block 1 of Broadmoor, P.B. 2,P. 37, of the -Public Records of Dade County, Florida. Owner's Name Kenyon Jones Mailing Address: 13500 S.W. 72nd Avenue, Miami, Florida Telephone Number: 238-4410 Legal Description: West � of Lot 6, Block 3 of Elwood Court, P.B. 9, P. 131, of the Public r•.ecords of lade County, Florida. Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: - Street Address 3101 Associates Ltd.) 324 & 314 N.E. 32nd Street, 334 N.E. 32nd Street, 3101 Biscayne Boulevard, 325'N.E. 31st Street and 321 N.E. 31st Street Street Address ( Villa Fmterprises Inc) 352 N.E. 32nd Street Street Address (, Betty Wales ) vacant pro La Legal Description ,East 24 feet of Lot 1, all of Lots 2 3,4, Block 31 Elwood Court, P.B. 9, P._18f and East 14 feet of Lot ll, and all of. Lots 8, 9 10, Block 1 BroaCkt-- y P.B. 2 P. 37, of the Public Records of Dade County, Florida Legal Description FJest 45 feet of lot 71 Block 3, Elwood Court P;B. 91 P 181 of the Public Recor of Dade County, Florida Legal Description } Lots 2,3, Block 1, Broaa=r, P.H. 21 P. 37 of the Public Records of We City, rl=iAsa 001. Iota Chat!& 3 u i .. MSUMM, or 04MMIp 1. Legal description a -A street address of subject real propertyl Lots 916 of Mock 3, Elwood Court, P.D. 5, p. lSl, And Lot 4, . Lets S, W of Block l of 'oad"Or, p A . 21P. 37, of the publi a A600rdh of Dade COUntV ► Plorida. - 35n N.E. 32nd Street, 252 N.E. 32rd Street,403,415, 407, 403 & 235 N.E. 31st Street, 2. Comer(s) of subject real property and percentage of ownership. Note. City of Mum Ordirianet No. 5419 requires disclosure of all parties laving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Cbmission. Accordingly, question 42 requires aiselosore of all shareholders of corporationst beneficiaries of trusts, and/or any► other interested parties, together with their addresses and proportionate interest. SEE EXHIBIT D ATTACHED 3. Legal description and street address of any real property (a) owned by any party listed in answer to question i2, and (b) located within 375 feet of the subject real property. (a) 3101 Associates Ltd. - But 24 feet of lot 1, all of Lots 2,3,4,Bk. 3, Elwood LL gtaPP..BB. , P. 1 andEast14 feet Of Lot llr and allll of Lots F81,�9ri,.100,• Block 314 N:E: 3Zr tp;3,42,.E: 33 Ft.th3334�1E° t:, 151�-Si 'A8r."' 25 & 321 N.E. 31st Street. (b) Villa Enterprises, Inc. - West 45 feet of Lot 7, Block 3, Elwood Court, P.B. 9 P. 181 of the Publi-FABcordsof Dade county, Florida. 352 N.E. 32nd Street (c) Betty Wales - Lots 2,3, Block 1, Broadmoor, P. ,+ of Public Records of Dade county, Florida. vacant property _ COMER OR AT ENEY FOR 0"NER _ - - ALAN S . GOLD STATE OF FLORIDA ) SS COMM Y OF WME ) ALAN S . GOLD , being duly sworn, deposes and says that ne is the(Attorney foi 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 coapletet and (if acting as attorney for owner) that he has authority to execute this D losure of Ownership form on behalf of the owner. Sh'E M M AM SUbkSCi 1 before this A� 4 day of , 98 50 fly CCU155124 MUMM" ""f '% _s I ALAN S, GOLD Florida At LMO r (SEAL) 0 11C I ST= Or CCQAY of DADS Alan 8,1 C.61d being duly "rn, depose's W AWMCiAt"i- , Ltd. Vill AA a tie MY apiZintea 3101 thle ow1ft;etr­F!f1the real property described in -answer to questmon 11# that he has read the fort -going answerst that the mm are ttue and com-inc. 0 betty pletes and that he has the authority to aimte this Disclosure of Owner -wales acid ship form, on Walf of the owner, ALM S. Gotz =RN TO A= SUB.Cm- =' before, this =,ZL/_4' day Of my — W CODUSSIM, MIRES: Notary Pun ice state Ct Florida at Large . tons Chanja EXHIBIT D (a) 3161 Associates Ltd, is a Florida limited partnership with its offices at 255 N.E. 27th Street, Miami, plorida ALAN 3. KLUGER, General Partner 10% ; 258 N.E. 27th Street, Miammi# Florida ALAN 3. KLUGER, individually 22.5 258 N.E. 27th Street, Miami, Florida ALAN 3. KLUGER, as Trustee 45% 258 N.E. 27th Street, Miami, Florida SETH WARDER 22.58 258 I.E. 27th Street, Miami, Florida LEGAL DESCRIPTION OF PROPERTY OWNED BY 3101 ASSOCIATES LTD. Lot 5 of Block 3, Elwood Court, P.B. S, P. 181, and Lots 5,6,7 of Block 1, Broadmoor, P.B. 2, P. 37, of the Public Records of Dade County, Florida. 403,N.E. 31st 9treet,407 N.E. 31st Street and 335 N.E. 31st Street (b) Villa Enterprises, Inc. is a Florida corporation with its offices at 9061 S.W. 82nd Street, Miami, Florida 33173 JOSEPHINA VILLANUEVA 100% 9061 S.W. 82nd Street, Miami, Florida 33173 LEGAL DESCRIPTION OF PROPERTY OWNED BY VILLA ENTERPRISES, INC. East h of Lot 6, and beginning S.E. corner of Lot 6, then South 6 feet, then West 30 feet; then North 6 feet, then East along Southline of Lot 6, 30 feet to boundary. line; of Elwood Court, P.B. 9, P. 181, of the Public Records of Dade County, Florida. 352 N.E. 32nd Street (c) BETTY WALES 3400 South Ocean Boulevard, Palm Beach, Florida LEGAL DESCRIPTION OF PROPERTY OWNED BY BETTY WALES Lot 4 in Block l of Broadmoor, P.B. 21 P. 37, of the Public Records of Dade County, Florida. 415 N.E. 31st Street (d) KENYON JONES 13500 S.W. 72nd Avenue, Miami, Florida LEGAL DESCRIPTION OF PROPERTY OWNED BY KENYON JONES West h of Lot 6, Block 3 of Elwood Court, P.B. 9, P. 181, of the Public Records of Dade County, Florida. 350.N.E. 32nd Street LAW OFPICtIS CaAMIWIGr, TNAU0410, A8KtW,.,H0!rfMAN, LIaeFr, A039N & OUCN-M, P. A. LINbA KIDDIbiXreik AbLtR STtVCN C. GOLDMAN ANTMON9 J. O OONNtLL. JA. MIC-Ati. O ♦LSt I*INt STtVtN M. COLOSMITM JU►.lt K. CLath"Opl, I:tlAA L. ALva111t3 LAWiYtNCt S. GORDON STti►AN ,►. 1►Ailb �I. H AMBLER M. MOSS. JM. RUOOLSM 0.ARO AGN M MA•Ttw S. 60ASON •w11ON 6. itTt Ri[N 2ACMARV M WOLtr 1111CMAND A. ARKIN MtLVIN N. OAttNSt116 ALBERT C. OUCNTCL Ot COUNStL RtUSIN O'b. ASKEW MARILYN O. GRttNSLATT DALE S. AtMNCLLA Ktobt L. SAASM AOStAT L. GROSSMAN LUIS AtrTtA S/11CKCLL CONCOUAS 1116AAIt SASS KtNNttM C. MOtYMAN NICMOLAS ROCKWELL NORMAN J. StNt LARRv.J, MOttMAN MARTIN . R It. OSCN IACI S41AV[NUt CKtlL CKtLL MARK b. SLOOM ARNOLb M. JArrtt RONALO M. wOSCNGAPTtN MIAMI, A 33131 SUAT SRUTON MAACOS 0. JIMtNCY DAVID L. RCSS SttVt SULLOCK MARTIN KALS 1106twT 0. RUSIN MIAMI 1305i 579•0S00 ROS[AT K. SUALINGTON ROStRT A. KARLAN KAAtN 0. UUNOOUIST SROwARD (305) S23.6111 ALAN A. CMASt 4U01T" K[NNC'r STCVCN T. SAMILJAN but M. LOSS TIMOTMv C. KISM DART A. SAUL TtLCX 60 • 3124 KENDALL S. COrrtV ALAN S. KOSLOW CLIrrORD A. SCMULMAN TtLtCORv (305) 67D•07t6 MARK S. DAVIS STCVCN J. K1IIAv1T2 MARTIN S. SMARIRO OSCAR G. bt to GUARDIA STtVCN A, LAND* MARLCN[ K. SILVERMAN RArAtL O. OIAZ ALAN S. LCDERMAN STUART N. SINGER IOO SOUTH COMIC MIGMWA� ALAN T. DIMOND LAWRCNCC S. Ltvv TIMOTMT A. SMITM WCST PALM SCACM, rLORiOA 33401 CMAN69S W. [OOAR, M NORMAN M. LIROrr SAMUCL SUSI (305) 669•6333 GARv M. CMSTON GAR• O. LIMS004 MCRSCIIT M. SUSKIN TMOMAS K. COUCLS CARLOS t, LOUMICT V06AIII0A MCLLON TAAAr♦ WRITCR S DIRECT NO: DIANE D. rtRRA*o JUAN R, LOUMICT GART P. TIMIN LAURA A. GANCtMI OCSSIC RUT" MALINSK♦ ROSCRT N. TRAURIG 11ICNARO G. GARRCTT RCDAO A. MARTIN JONATMAN M, WARNCR 3O S) 579-06 09 DAVID JN J. CAYO0 JOEL O. MASER DAVID M. WELLS LAWR[NCC OOOOrSK♦ ALAN M. MITCMCL J[RROLO A. WISH ALAN S. COLD ALICIA M. MORALES MARVEV A. 0060MA04 LOUIS NOSTRO IMPLY TO: MIAMI ORrIC[ July 10, 1985 Ms. Anita Robinson City of Miami Zoning Department 275 N.W. 2nd Street Miami, Florida Re: 3101 Associates Ltd. Dear Anita: As you requested, Alan Kluger holds a portion of the property as trustee for Alan Kluger, Jean Blattner and Alan Blattner. If you have any further questions, please do not hesitate to call me. Yours very truly, z0SZ-RT`A. KAPLAN RAK/bh REAL ESTATE OPTttlN ACREEMRECEIV+r'D THIS REAL ESTATE OPTION ACREEMNJI i�" s"'Agreetrer�t") is made and entered into this .. day day of Febr�RGLD., 1955, by and between BETTY WALES ("seller") and ALAN KLUGER, T tttE j ("Buyer") and/or their Nominee in their On. RECITAL Seller is the owner of an desires to grant Buyer, and Buyer desires to acquire from Seller, the sole and exclusive right and option ("the Option") to purchase all or any part of that certain real property (the "Property") more particularly described in Schedule A attached hereto and more particularly referred to in Section 1 (2) of that certain Contract for Sale and Purchase ("Contract") a true and correct copy of which is attached hereto as Exhibit "l" on the basis of each and all of the covenants, agreements, representations, warranties, terms and conditions set forth and contained therein. NOW THEREFORE, the Parties hereto do hereby covenant and agree as follows: 1. OPTION 1.1. GRANT. For the consideration (the "Option Consid- eration") more particularly referred to in Section 1.2 hereof, Seller does hereby (i) grant to Buyer the Option and (ii) cov- enant and agree (a) during the option period (the "Option Period") more particularly referred to in Section 1.3 hereof, to provide Buyer with inspection and access rights to the property and (b) - in the event that Buyer exercises the Option during the Option Period pursuant to the provisions of Section 1.3 hereof, to exe- cute, date as of the date of the Option is exercised, and deliver to Buyer a counterpart copy of the Contract, which Contract speci- fies a contract price of $210,000.00, and to sell, assign, trans- fer, convey and deliver the property to Buyer on the basis of each - and all of the covenants, agreements, representation, warranties, terms and conditions set forth and contained in the Contract. 1.2. OPTION CONSIDERATION. The Option Consideration, which Buyer does hereby covenants and agrees to pay in accord- ance with the provisions of this Section 1.2 shall be $15,000.00. within five days, after this Option Agreement is executed by the Seller. The Buyer will also.pay the pro�erty taxes for the said property for the years 1983, 1984A 1985, ,wW 1986.4 1.3. EXERCISE. Buyer may exercise the Option by so notify- ing the Seller in writing (the "Notice of Exercise") and by simul- taneously delivering to Seller a counterpart copy of the Contract executed and dated by Buyer at any time during the Option Period, whcih shall commence as of the date hereof and terminate as of December 31, 1985. 1,4* INDEMNIFICATION, If Buyer fails to exercise the Option during the option Period pursuant to the provisions of Section 1.3 hereof, this Agreement shall thereupon immediately terminate and be null and void and of to force or effect, in which event Buyer shall upon the prior written request of Seller, execute, acknowledge and deliver to Seller a standard form quit claim dead releaoing any and all of his beneficial and legal, right, title and interest in and to the property. 1.5. This Option Agreement will be null and void if not accepted by Seller by February 28, 1985, 1.6. This Option may be renewed for an additional six month period by the payment of an additional $10,000-00, option consideration on December 31, 1985. 1,7, Parry Real Estate shall be paid a broker's commis- sion of six percent (6%) of the Contract price if the Contract is closed, or six percent (6%) of the option Consideration if the option in not exercised. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate as of the day and year first above written. IN WITNESS: ell (A 61 1 SELLER 777 BETTY WAL or Lot 2 and Lot 3 and Lot 4 in Block 1 of BROADMOOR, according to the Plat thereof. ab recorded in Plat Book 2 at Page 37 of the Public Ptecords of Dade County, Florida. Nisi mantis ttihiBitiBlli OR Ihi t1A19i 11110661 Of fifth hid 11111140111, llifilRAN111l f titfiid IS It " 9tinilirdlsl 14, 1, 15SliL`fi111'I~i�3N: 161 I.iiW dii6-1140 6A 611111116110115 1"hb19iti I lat:ited ii'l.cs--.1mid Gesunty. f'lorlde: Lots 2, 1 and 41 Block 1, Br6adtaoor Subdivision, Piet took 21 Page 37, 'Dade County, Florida till Ottoot "atom. If env, bf the otboorty belfli oonvayod 1/ - 41 . Nor, then at 31 s t Street - lei iiffliboll prOoirty Inclualld: NONE fl. PuNewiAS[r Pitie :............................ . . . . .. . s ..... .............1 --21 b , Ob0- PAVIIAIN"T: le) [lejtiteit111 tb W held Ili INt roue by -. " _ (b) (el Id) to) In the it"6uht Of. .! ._ i�J —.WWW & WW - Sub►ect to AND iiiburnptlon of Martoiili in favor of _ .._._- - betting Interest it =% par ennUtn end peyablo as to pilhtipil and Interest ! per rnohth, hevini an aoproalrnits present otlntlpel balance Of. . . S _. "0" Purthesa ►hohey mottoes& and note besting interest at - - - % on terms eat forth he►ain below, In the ptinelpel arrtbunt of . .. . , . . , .. .. . ... .. . . -0 Other Option Money __ .... 3 13, 000, 00 j Seletuea to clogs, (U.S. tash. tartltled at eeshle's check) tublect to adjustments and prorstfons . . . . . . - TOTA1 0_,ZJ0 . 000 . 00-. ---------------- ---- IV. TITLE EVIDENCE: Within --1 days from data of Contract, Seller ►hall, at his skpente. deliver to Buyer or his attorney, its accordance wilt Standard A.. either (CHECK) Oil) or IX(21: (t) abstract, or (Z) title insurance commitment with fee ownet's title policy Premiutn to he usid uy Seller at rlosinq V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this offer is not akscuted by both of the psrti*s ha to on or before the aforesaid cleposlt(s) shell be, at the option of Buyer, returned to him and this offer %hall therealte�rh.2 and void. The state of Cgntr&tl I'•1 tler.ttve late shall be the date when the last one of the Seller and Buyer has signed this offer. VI. CLOSING DATE; This transaction shall be closed and the doed and other closing papers delivarsd 0 da y 6eoof t er on t i on_ is _ tentage extended by other provisions of Contract. exercised. Vol. RESTRICTIONS, EASEMENTS, LIMITATIONS: The Buyer shall take title subject to: Zoning, rstlrictions, prohibitions and other requirements imposed by governmental authority: Restrictions and marten apposing on the plat or otherwise common to the subdivision; Public utility assements of record, (provided said sssaments we located contieuous throughout the property lines and are not more than 10 feet in width 1e to the rear or front lines and 7ir feet in width at to the tide lines, 'unless otherwise specified herein): Tastes for yea of closing and subsequent vast&, assumed mortgages end purchase money mortgages. ,f any. other: provided, howsvw, that none of the foregoing shall prevent use of the Property for tits purpose of Vlll. OCCUPANCY: SHIM represent&that Mere are no parties in occupancy other than Sallee, but if Property is intended to ba rented or occupied beyond clo%.ng the fact and teen thereof shall be stated heroin, and the tenantia) shell be diselossd pursuant to Standard G Sella agrees to deliver occultant.v of Pruperty w time of closing unless otherwise specified below. 11 occupancy is to I)* delivered prior to closing, Buyer assumes all risk of loss to Property ttoin ilatr of oar„ pency, shell be responsible and Ilable for maintenance thereof from said date, and shall hat deemed to have accepted this Property. real and personal; in ,t% e• 11,11n, condition as of time of taking occupancy unless otherwise noted in writing. IX. ASSIGNABILITY: (CHECK ONE) Buyer 12may assign ❑ may not *salon, Contract X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as Addends shall contro NI printed provisions in conflict therswlth. X1. INSULATION RIDER: If Contract is used for the sale of a now residence, the Insulation Rider shall be attached hereto and made a part hereof XI1. SPECIAL CLAUSES: This Contract is subject to the attached Option Agreement being exercis This purchase is on an "As Is" basis, Paragraphs E & 0 on reverse side do not apply to this sale. The option money of $15,000.00 shall be credited against the- �Purahaoe- gr- ee, - - - - THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF R S AN THE FLORIDA BAR Copyright 1981 by The Florida Sot and the Florida Associ y�/a EA ORS — — — — — — — — — — — — — — L i WITNESSES: (Two recom but N required) rY1�i ?ZCL:��c A:7ir& WITNESSES; (Two recomm"sd bff NOT required) v' Drspoelt(e) gander 11 to) fosekW:It %steads, oubltof to 419arenpe. Executed lsw0llyfr on lVar, TrA` 56 �J (SEAL (SEAL (Buyer) Executed by S n on - 4SEAL Betty wal s - (Seller) (SEAL Isellell 9V; _ E��i 88 Q Q e, . com r y eal 41t1QRl€A 01 f; 8Pile► W p ply the ►afpl�rtitrood reel ertete i)rpker nemet2 kel9frY, et tam. gf Cloe►np, t/9m The 011sbyrFotmntl 90 the Pf9C94100 of tole,.f:91 , pone,ITlgn In the orrf9yfnt of % of orgo; pls►ghefe Prit:e 9r $ . for his IserviCet In effecilnp the H)e by finding a Pvyer. rend w1111% prig psele 19 pVrphfl!! pf+retlenT To The /91eppInp Gentrovot. in that #v9tlt $Wygr .flllt tb Pftr orm Init flP9eitl!) It rotolrov0, opts troell9f, Out opt 11,4000inp it 111110`9I 00 tM e0tav! i4mt►Ytl+ t, McII erg pelQ i9 ihtl forgetter, !T tutl gontlagrofllon 191 Broker'l 1*►yl;".insl.WOing C911t1 esponAfd fry f rgiser, onto ins Nelare;f; sheli;t 0#10 to 60119f, it trove IfenHgtiven &hell :not Erg CI(fl o pegNitl! 9f rtlfMtll 9r 1lIlU►e 9f 6911gr T9 porlprEt, the $0119! Ntell peY 4e14 love In t,wll 19 Qr9ktfr 9n deist#nil. Parr Real EBtate ISI¢AW r C (SEAL w*rrwanw areert�oexersaeain eaaaeesave■r�ei.ra 1NVNof1114 r) Betty W41,9 (SgUer) SI 7 FSI ' dSEoI 10057 rt ' )MAN016 P8A AfAL MAtt 1'AAMIACt A. i oso'l- spat fib tfttt f"1 tin fibiffSet 6f I far#ri 6f ht6ughf euttlhf by A fioutibill and !*it, fats from lit •ti6f at.tt.hg then , kift + t•t at SA eotrtisie titfh) butoboliAg fb bat In see its !, ., Ff the miturfiihtt Affectihd tho Title to fulifaet Ptuw orrtebitaArl to #fib atufttt, it,.ottft tot Hit- ihty ,tt., fn 41rt+r 016W411s, a riturtfe, tn"ugh Effective ()►te. Ah Absttiet th►ll tatlm"hee with the iitllErt bublit tltordt. 6t Well iifpt Sato At 04Av t„ taunl♦ Si'he►aih the'fbbetty it Iituitod tollat Shall ennv#y A thirkffaUie title 'Sutofb, t nuts Id liehl,''nt a+hlrlitte#1, tit, Auftbhi 61 •turiifit Altutit tot I-00- th th••. ' tf#tt Ifild mote *Alih rhilh be difthitEed by Siliet #1 6r h11164 clothtg MOkalahltt fiffil that) Itb AlItllt+iln#d th e6e60d►her with afitilitifila titill ;ttin=lbr,lt i-1,tt,tt 'by i41f161 fly fit the F16fidi Sit end in'aet6fid►AtS With less. 1, bbh 1:16111ho 6t thil tf► ubtl6A Such abittitt thall hiltbltie the bf6bitty ill buffer. S,itilit.l eb it'- , ,dos 6f tlltllntNbh 1111041061 by Ifffit Ittbftpipii until fully (file; 6f W a lift#,�,ilwii_nt e_t6h5tl'iftlftsht Itruld by i duelifilld tiff# intutdr raffiilwi 16 iirui tie botrfli ,itin #Ubfd)njl 61 the 060 116 Stiyef, in 15wner1 bt'illeft 61 title Intoo'snti In the amount 61 that bufChata Otiei. Ihrurinfj title of the SUV'Ift t6 fn# Pthbitty, iul,ti" only 16 efaflr, #htumbtanba. i11001116nr 6f 6uilifitstient r#t forth in this �6All, 6et And those Which than be dikhatgad icy $►list it Or btit6ti elbtinq tt„yPi tf-A hlhte 30 dittff. it abtf#itt, 6f E asyr, if tifla t6rh#ftftfRSnf, tfbfh dito 64 tel:alvinS evident& 61 tiff# t6 oftsmimill UAie It Seri# It f6und d6t6f:110. Suolt thili ,Serif" a#yf'fhoutta#, Aaftfy Salle# in wfitlhg 166t:ifyln6 daf#ttiU. If ilia d#fettitl tend## title vnRiaiketibi}. Ulift Shan have 116 Hart ftaii" faci,tit of n6ftcf Vi•l' "hit% fe fafh6v# fold defitifial. and It iilatiP Is Uftiktttalrful In 401416VIA5 tha1R within raid VMS. duyit th►ll Ravi the bbtlah 61 ikthAt (it act efittng IN' I'lrf tit 9116R IS, 60 I l dirW►ndlna A IOUR6 61 All 0016R1#S paid hifaund►ttAthith Chill forthwith US totutRad 16 Buyer Slid thatatio6h duyat Ahd Sair Shall I.* ibleath,f lino baefltit, 6f ill fuMhiP 6bflSatl6Rf under the Cbntfm. howebe#i Sallet ►otem that he will, if title it found to be uhtnitkbtahl}, kite diitdant affair 16 ttirr,r, f i Silattti) in title Within the ill%$ ofgvldird thV606t, IMOU81016 thi btlhpinp its RtbtiftarV Suitt. 6, tX11s9 INO M1`51$MAdtl: ballot #hail furnish i StAtafhiht tt6fh thott56ftgigoilii Setting 46tth Ofin616111 balance, fh6th6tl 64 plyetaht, tntstiit tit$ anti whe%f;r the tft6#t6ftairl,�ji to S66d ftinalna. it a eh6ttbiii teoulHr itibtbvbl of the Buyer by the favor#gi(iii In 6t4# to #v6ld def►ult, of for ►llumptimm by the fluvit lit ti, 1n6rtSaga, And i7 the 1116ft6ottl{ei d6e6 not 6150#ova the Buyer, the SUVO they faklhd the ConHett. br 0 ►oaultm an ineriiii in the irtfirait rate or thergbt A I. — 06t fifty ►"16n In 41606 61 sioa.00. the Ouyif fRav tbkihd the e6mraet URlasl Seller a1#ctS to bay futh Ihtriasi or attfil Sailor Anti 9uVef shall eitt.h Pity SO tuth fool. Buyer 61h►ll.ufetaea6nabl6 diligent# 116 Obtain 000tbvit. tmis im6uht 61 Shy akf6w dab6tits hold by tn6holg4o thall be credited to SPirer f . OUNCHASE MON6Y MbigttlACES: the outehiM RiOhOV hots and fh6tl0,1110e. It shy, Shaft b►6vide f6t a 30 66V gtiei pafiad in the ovsht of deloutl it o it i fifft 0160110age and a f6 06V 61'110 jiePW It a Mt6Rd rhoPtfj#gi: Shill afbvido 160 tight 61 pteooythilAt in Whole of In (Sari without isish6lty, fhofl not htdtolle h ittafatatlbn W Intorest edjusteheht In gv/Mlt 6f teaala of ins Pt6baftV; and Shall be Otherwise in fort't'I And e6n0ht fittuitlid by Sollar't itt6rnov, tltovitllrl hdwevr f 9611it #%AV only YatfU06 tibi#er eult6rhatllV found In ffibHoaSas and thdrtgigi noes ginoially Utflktad by Mytingt and loan thititutioitS in the county whetr.ti tl Pt6jtwty is l6tated. Said Moo6i"SAio #hall taquite he 6whet of the aheuMbafed Pr6p6ttV to keep oil pttbt lions and incuhibfancai in gdod Standing &hit t... t"d t• 8"& 6t the 11,10606fty "h ateiotlnS ft'16ditleatl6ns 6f at future advahtas under ptiat mottgagolsl. All pirsdnol W6060ty being conveyed will. At olrlmn 0 ;r•IW be Subject t6 the 116R 6f the FAISRgoga atilt# Widantall by tatoftlid FlhAheing Stitit*tihtf. b,'9UAVEY: that SUyori Within 0WA 06Wid for deiivVV Of ividenc► 61 kith and ikafhihotldn thitt6f, they hM the Probetty tutviyetf at hit itthahas it it Survey, 66AINod by a 1tooMtb#W Isuetldi auPVay6t, shall& any ihetobeh#hoht 6# Mid Ptopirty at that ihtprovihiints tntmn,led to its located on th.r Prnl.trrty in fir. W4160ch all 1660 6I 4Ijilat¢¢. M V" illy 61 the Cdhithtt t6vahoRtt, the ►Anti shall be Heated at A title defect. S: "rtfmilttlo the 6461o, 00111111101 tirhe 6116wed 16► daliviry of evldo to of title and dkArtllharfoR thritiot, b` #i6 1614 tk6h f6daya prior to 'elating, whlthisver dot fe"ulill Infiitt406A of V16WA mktitshAV6 the � dbfhagi tfbfttt�ml�ta#infif itlohain the Impt6 limiRtialf BuyePast r Itinibtbtnad Oftil hiteof ti both ohio +fhi lther lhereotoo ineonv uvetilA ai Iivu Iftra4 ni go Ruyer w.0 heat a day ffom data of Wtlttah hbtlto thereof or 2 days Attar salett16h of a t6httAtt6t, whichever 6ceuti first, within which to hove All ditftagas, whether viiihit lit Rat. 11 elsetted iShd ietlittitad by a (icanbod buiidlhg of general tonttaetar. Seller shall pay valid cottt of treatment and topitr of All damigo up to 1",% of Puithate Pt-- i Should suth costs oxtaed that amount. Buyer thill have the botlbn Of tahceiling Conttact within 5 days &#tit tocaint of contrictor't repair tlttirliltit Uv'u*v,^ wrktih nOtlti to Siliet, or Bouvet tnay, Affect to proceed with the tfahsAttl6n, in which went buyer shall racirvi a credit of closing of an ►mount etsuJt to t', . i Mid Putchiii Prki. "Tartnitas" Mfill be dawned to ihelUds all Wood dasttoying ofpinitmi taquirid to be reported under the F lorido Pest Control Act P, INGRESS AND EORESS: Settler WS►ihta that there It Interest and egista to the Property suffleiont for the Intended us* as described In Paragraph Vii heteo the title to which Is In becordlinci with Standard A. G. LEASES: Salter shall, hot ISM that 16 days prior to closing, futrtlsh to Buyer eoolet of all written leases and *"boost lariat! from arch tenant tPoLoving th Statute tend dutatioh of Mid tanant's octupihty, rental 'rates and edvahcad rent and Security deposits paid by tenant. In the went Seiler it uhahia'Ia ohft.n out faster from lath tenant, the saute Infbrmotl6n shall be futhlshod by Sailit to buyer within said time period In the form of A Sailor'% affidavit, slid tiuvot ...r theriofte► contact tenants to confirm such Information, 9611w stall deliver and assign all original lamstl to Buyer at Closing. H. LIENS: &after Shall, both fie to the Property And owbonalty being sold hereunder, futnith to Buyer fit tints of closing an affidavit alfettlnq to the abtance wi,e- otherwlae ptbvided for horaih, Of any flhancihg itteternsntt, claims of lion at potential honer% known to Sailer and further strolling that there hove tooth no trnorw, mantis to the Property for 410 days immediately preceding date of closing. If the Ptooerty hat boon improved within Said time, Seller shall deliver reieosltt or wa,v.•• of all machmnle's liens, executed bir genera) contrattors, subcoritractbrt, suppllors, and materialmon, In addition to Seller's Icon affidavit toning forth the names % all such gshetal contraetott, subconeraetort, suppliert and materlalmen and further reciting that in fact all hills for work to the Property which could serve as a list to► a mechanic's lien have been paid or will be pild at cfoalhg: 1, PLACE OF CLOSING., Closletg shall be held in county whereto Property is Iterated. at the offlto of attorney or other closing agent designated by Sailer J. TIME: Time is of the Nance of this Contract. v,ny reference heroin to time periods of lest then b days thall in the computation thereof exclude Stttlidays. Sur days and Impel hotldalrs, and any time period provided for heroin which shall and on a Saturday. Sunday or legal holiday shall oxtahti to 5 00 it rn of the nett h, business day. K. DOCUMENTS FOR CLOSING: Sailor shall furnish dead, mechanic's lion affidavit, assigmmonis of losses, and any corrective instruments that mov Ito tettuuetl connection with perfactlntg the title. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements L. EXPENSES: State documantery Rtempo whkh are required to be affixed to the Instrument of conveyance. Intangible tax on and rerouting of nttrchose mono mortgga 10 Sober, and cost of recording any corrective instruments shall be paid by Sailer, Documentary Stamp$ to be affixed to the note of notes secured I•v n, purchase money mortgage. Cost of recording the deed and financing statements shall be paid by Buyer. M. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based on the current year's tax with due allowance made for maxtrnum alluwai,f discount and homestead or other exemption% if allowed for sold year. If closing occurs at a date whom the current year's mnloge is not fixed, anti current yen, entitlement Is available, tsars will be prorated based upon such assessment, and the prior year's mllloge. If current year's assessment is not avatlshle. then %awes v,i be prorated on the prior year's tax; provided, however, If there are completed Improvements on the Property by January 1st of vest of closing, which improverneni wore not in existence on January t at of the prior Vest• then taxes shall be prorated based upon the prior -east's ndlloge and at an equitable assessment to be agrom upon between the parties, felling which, request will be made to the County Property Appraiser for on informal assa.ttnant takooll Into consideration homestas• exernotlon, If any. However, any tax proration booed on an eotimato may at request of either party To the transaction be tubteuuently rosalustaft ,rfton rer.e.ul t• tea bill on condition that a statement to that effect Is set forth In the closing Statement. N. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special asumwnent Ilona as of dote of closing land not as of Effective Date) are to lie pai. by Seflor. Pa WWq liens in of datai closing shill be sesutsied by Buyer, provided, however, that where the Improvement has boon suhttontiahy com1 leted as of in Effective Date, such pending lien shell be conolderad as certlflad, confirmed or ratified and Sailer shall, at closing, be charged an amount equal to the last ustirnar by the public body, of the mombo vent for the Improvement. O. PERSONAL PROPERTY INSPECTION, REPAIR: Sailor worrantt that all major appliances, hosting, cooling, electrical, plumbing systems, and machinery are .t tieerking conditbh as of S days prior to closing. Saver may, at his expense, have inspections made of said items by licensed persons dealing in the repair and Stain tensneeithereof. slid shall report in writing to Sellor such Items So found not in working condition prior to taking of possession thereof, of 6 days prior to rlos.ni whichever Is first. Uniform Buyer reports failures within told period• he shall be downed to have waived Sailer's warranty at to failures not reported Valid repo, r,•. follwoe shall be corrected at Sellses cost with tuesds therefor escrowed at closing. Seller ogre" to provide accom for Inspection upon reasonable notice P. RISK OF LOSS: If the Improvements are damaged by fire or other casualty prior to closing, and costs of restoring some does not exceed 3% of the Assets*( Valuation of the improvements so damped, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to fhb tarrns t nntio� w t con therefor escrowed at closing. In the event the cost of repair or restoration exceeds 3% of the summed valuation of the improvements su damaged. Suva, shall he" the option of either tsking the ►rOPO"V as Is, together with either the sold 3% or any insurance proceeds payable by virtue of such loss or rlsmag*. or o cancelling Contract and receiving return of dpositioll inside hereunder. CL MAIMTENANCE: Notwldteunding the provisions of Standard O.. between Effective Date and closing date, personal property referred to in Standard D. and real property, Including lawn, nhrubbory and pool, If any, }hell be maintained by Sailer In the condition they existed as of Effective Date, ordinary weer anti #mapte r satod, srsd er Suyor buyer's designee will be pe►mhtad adcen for Inspection prior to closing in order to confirm compliance with this Standard. A. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's extreme to show title In Buyer, without any encumbrances or change which would render Seller's title unmarketable from the state of the last evirsence, and the cash pin coeds of sale shall be hold In escrow by Seller's attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than 5 (Jars from and after closing date. If Seller's title Is rendered unmarknable. Buyer shall within said 5 day Period. notify Seller In writing *at the defect and Seller shah hove 30 days front date of receipt of such notification to run sold defect. In the event Seller falls to timely cure said defect, all manias paid heroundat thell, urtu„ written demand therefor end within 5 days thereafter, be raturned:to Buyer and, simultaneously with such repayment. Huger shall vacate the Property ,tool rot nr, trey "me to the Sailer by special warranty deed. In the event Buyer falls to make timely demand for refund, Ste shall take title as Is, waiving all r.ghls against !.rittrt as to such Intervening defect except so may be available to Buyer by virtue of warranties, of any. contained in dowl. In the event a portion nl the uurchAs, price is to be derived from Institutional financing of refinancing, the requirements of the lending institution as to plane, limo of lay Ant prn..r•nuros lift . tat% $no. and for dbbureament of moniii proceeds. shall control, anything in this Contract 10 the contrary noiwithetanding, Provided, however, that the Senet shun have the right t0 reaul►a from such lending Institution W cloHng a commitment that it will not withhold disbursement of. mortgage proceeds as a result of any Wit, defect attributable to Buyer -mortgagor. The escrow and closing procedure required by this Standard may be evolved in the event the attorney; title agent or r.iosin•) ant Insures against advlre@ matters pursuant to Section 627.7841, F.S. as emended. S. ESCROWS Any warow agent receiving funds Is outhori;tod and agues by acceptance thereof to promptly deposit and to hold same in esc•tiw and to •Ili•• %o some subject to ClMrenca thereof In accordance with terms and conditions of Contract. r allure of clearance of funds shall not aaxCuse performtancepy the Silver In the event of doubt as to his duties or liabilities under the provisions of this Contract, the escrow agetit may in his sale discretion, continue to hold the manta% _ which are the subject of this escrow until the parties. mutually Spec to the disbursement thereof, or until a Judgment of a court or competent jurisdiction shag determino the rights of the ponies thereto,. or he may deposit all the mania$ then hold pursuant to this Contract with The Clark of the Circuit Court of the Couniv hewing Jurisdiction of the dispute, and upon notifying all parties concerned of such action, all liability on the port of the escrow agent Shall fully terminate, eaLopt to the extent of accounting for any monies theretofore delivered out of escrow, If a Iiconesd real caste broker, the ascrowee will cunwit, with prpyisupns of Sertstiti 475.25 (1) fell F.S., as !mended. In the event of any Suit between Buyer and Seller wherain the escrow agent is made a party by virtue tit a•t,ng o$ Such es, in... agent hereunder, or in the event of any stilt wherein escrow !gent interploodt the subject matter of this escrow, the escrow agent shall till entalml to recpve, reasonable ltTO►ney's Ito and COSH incurred, said 1NS !n9 costs to be ch@Sped and assessed at court cost} in feypr of that prevailing party All u/tties agree that tiie escrow }gaol thftl nOR be 11lb1! to any Why or person with mgey#r for mrsdeliv!►y t0 Buyer Or Seiler 41 maMRt a4hIRFT to this escrow, UrjlRss sut.h m,sdehvery smpii be dust to willful brpedt of 1hh Contrives or grow neglig@ttce on the port of the escrow agent. T. ATTORNEY FEES AND COSTS: Its connoctfon with any litigation including appellate proceedings wiNng out of this Contract. the prevailing potty shell ye entitled to race or flworiabt! attorney's fee} and Coast. V. DEFAULT; If Buyer tell} t9 perform this Contract within the time tpstcflima, the daposilff) paid by the Buyer aforesaid may be rejoined by or for the account of Sellp as liquip/ted Olmpn, consideration for the lslcyllon of This Contract and in lull settlement Of any claims; whereupon all parties }hell be ralieyery tit 111 obligations under 1h! Cons►lcl; of Seller, at hlf option, may Proceed at tow or in Scully to enforce his hope$ fight$ under this Contract if, far any reason Othirt then failure 91 $oiler to /o►tdift hip title marketable #fIW 011lfpont pffgrt. SNllr 19119, ^!plat!} or tlfvfaf .to perform this Contract. the Ouyet may seek $ttectfrr. tier torm#ncl 9► ellot to r cofep the rllV►n of toff 0appsit(f) without th#roby wsiying }ny oelJon for domstgef resuliing from Sell#r'S oteach V. CONTRACT NOT AECORDA114,f, PERSONS BOUND AND NOTIM Neither this Contract nor #my notice lhorlpf Shalt Ile recPrdW in #my P4011c 101ur.ts This Cg osr"t lhisil pap ln4 inure to thl benefit gf 1h4o Porlfll hfrrltp and their fticffossslrs in interest. Whenever thy contest permits, }inuulor }hell rni boile nhtr?t and 9rtl ginger shell inciVdl 011. Ngfk@ plyln by of to the fftgrn#V for lithe# talrty fhltl kR fS &#taefty# as II given by or to f#iu .party W. PRORATION$ AND INiIiVRANCE; Taxes, #tttl wrients, rent, iniorott, insurance silo uihor li!p@ntis; froi r/ylntio of the Property Snell of (jrafflod all Of .,fair Of 09Mrp- iluvSr shalt have ten pptl9n pf t#111f1p 9teN lfiy lllstinp pplleils 9f infurlmest on the Pip party. #l$umlhle, in which event pr#rnfurnf shell sot► ;Stored,; This Gl11h #1 &IPNftp shall fP# 11tf►llleitf pr ofs;rVat"O #s m#Y pl rl9VfrlQ by afirl itror#ljnn}. All leflrinrls In Cgntrlct 19 pr9r#lion} Sol 9t Still! pf elf)}trip will tit 4llmof) "ti#Tl 9f 9fC.Mp#flwyt' If gfEvpwwy gifFurp plifgr to floNnp, Vnllff aMerwlfl Pfgyt¢ld Igr herptn. 9, CONV9YANCI : $olllr gh#il flfftrly 11f1# t9 the Pf9WtV Icy fi#1VlorV wgngnRr Osesl stitrlefil only Zia m#ttlrf C9ntgtngd in Perstpr#ph Y11 hlregf fmt} Shp}! oiliftr Nrtog #ft:llPts`l by puygr, Plrfl9Ml P-fRRlfty lhgllt 11 Stop tlqulsT 91 i311y#rt pl c9nvly#d toy Ian #bs9lys# bill of *#i! with wlrronty of fill@, sitplgct to such lien! !s rrtvy Of lt#1l►wlfl 111119yI4000 Igr helelln, V. Q!1 ME:1s A0111iEEA19111TS; N9 prier of PrfM#nt t1p►99171ints 9► ►pprlflnteli9ne shall bl pending VPgrj !my 91 the portilf hlr#lo .Vnllss Info►p9r#tlttl to .this Cgntr#rt f M4 ntelglftl;ptl9A 9r ihlnpl in this (rontrlel #Itg1i 09 vlifd Or j?inlajnp upon the P#rlllf t+nllll In wnitnp• (lies utld by the Perti#s erg its pgunq thorluy . 0 0 CONTRACT FAR SALE -&0b Rua_C4ALE 0 PARTIES VILLA ENTERPRISES# INC.) a Corporation, whose principal place of business is (Phone: ) j and ALAN KLUGER) AS TRUSTEE, of 258 N,E, 27th Street, Miami, Fioeida, hef+eby agree that the Seller shall sell and 'Buyer shall buy the following property (the "Property") upon the following terms and condition WHICH INCLUbg the Standards Pot Real Estate Transactions hereinafter referred to as "Standard(s)", 1. Descriptions (a) Legal description of real estate located in Dade County, Florida: East 14 of Lot 6, and beginning S.E. corner of Lot 61 then South 6 feet, then West 30 feetr then North 6 feet, then East along Southline of Lot 61 30 feet to boundary line; and the hest 45 feet of Lot 7; of ELWOOD COURT, according to the Plat thereof, as recorded in Plat Book 9, Page 181, of the Public Records of Dade County, Florida. (b) Street address of the property being conveyed is 352 N.E. 32nd Street, Miami, Florida (c) Personal property included: II. PURCHASE PRICE $ 85,000.00 Payment: (a) Deposit received upon presentation of this Contract to Seller, to be held in escrow by Parry Real Estate in the amount of........................5 1,000.00 (b) Other: Additional deposit to be received by Parry Real Estate no later than five (5) days after acceptance of this Contract .............$ 7,500.00 (c) Balance to close, (U.S. cash, certi- fied or cashier's check) subject to adjustments and prorations......,.......$ 76,500.00 TOTAL $ 85,000.00 III. REZONING: This Contract is expressly conditioned upon Buyer obtaining a rezoning order of Dade County, Florida from its present,RG-3/6 zoning classification to a CR-3/7 zoning classifi- cation by July 19, 1985, with respect to the following described properties: Lots 5, 6 and 7, Block 3, ELWOOD COURT SUBDIVISION, according to the Plat thereof, as recorded in Flat Boob 9, Page 181, of the Public Records of Dade County, Florida$ and Lot 2, 3, 4, 5, 6 and 7, Block I, $RAADMOOR SUBDIVISION, according to the Plat thereof, &a recorded in Plat Book 2, Page 37, of the Public. Records of Dade County, Florida, and "Im 'Aw Rr"40 Of M10IAKIt 'NY►," (!NP'tNN loop PRIPAW Isvpwr vilIt t7f 0,04MI 49WIP4, 441#1 'If} 1Poo ))" VAP 01 if40 6"44fd4 V Lot 1 t Sleek 80 MWO00 COURT BAY FRONT SECTION, according to the plat thereof, ad recorded in plat took lb, page 701 of the public Records of made County# Florida. if Buyer does not obtain said rezoning by the above date, through no fault of buyer# this Contract shall be voidable by Buyer upon ten (10) days written notice to Seiler` If Buyer chooses to void this Contract, in his sole discretion, upon the giving of the notice specified above, the parties hereto shall be relieved of all duties and obligations hereunder and any deposits held in Escrow shall be paid immediately to buyer. IV, TITLE tVIDM_MEt 'Within fifteen (15) days from the date of +Contract, Seller shall# at her expenset deliver to Buyer or his attorney, in accordance with Standard 1, either (CHSCK) (1) or ,_:Xy ( 2 ) t (1) abstract, or ( 2 ) title insurance commitment with fee owher's title policy preiuium to be paid by Seller at closing. Seller shall provide buyer with a title endorsement within fifteen (15) days of closing which shall reflect no material change in the status of title. V. TIME FOR. ACCEPTANCE AND 8FPECTIVE DATE: If this offer is -:not executed by both of the parties hereto on or before February 1, 1985# the aforesaid deposit(s) shall be, at the option of Buyer, returned to him and this offer shall thereafter be null and void. The date of Contract shall be the date when the last one of the Seller and Buyer has signed this offer. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on August 1, 1985 unless extended by other provisions of this Contract. VII. RESTRICTIONS, EASEMENTS, LIMITATIONS: The Buyer shall take title subject to: Zoning restrictions in effect at.time of closing, prohibitions and other requirements imposed by govern- mental authority (except as otherwise specified in Paragraph III hereof); restrictions and matters appearing on the plat or other- wise common to the subdivision; public utility easements of record, (provided said easements are located contiguous throughout the, property lines and are not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and the subsequent years, assumed mortgages and purchase money mortgage, if any. VIII. OCCUPANCY: Seller represents that there are no parties in occupancy other than the tenants of Seller, but if property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard 5. IX. ASSIGNABILITY: Buyer may assign the Contract. X. TYPEWRITTEN OR HAND WRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as Addenda and modification shall control all printed provisions in conflict therewith. STANDARDS 1. EVIDENCE OP' TITLE: (1) An a br_stract of title prepared or brought current by a reputable And existingabstce►ct firm (if_ not existing then certified as correct by an existing firm) pur- porting to be An accurate synopsis of the instruments affecting the title to sus ect real property recorded in the public records � of the county wherein the land is situated. An abstract shall commence with the earliest public recorder or Such later date as W2. lee, S?►{RGF� 4{ !!It'!l:1 .lr M1't'M+Y9N 41Nl xNM wit ► #vE +G `a��iG seer �it! may be customary in the county wherein the land i9 situated, Seiler shall convey a marketable title in accordance with Title Standards adopted from time to time by The f'lorida Bar, subject only to liena, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be dischargd by Seller at or before closing. Upon closing of this transaction such abstract shall become the property of Buyer, subject to the right of retention thereof by any first mortgagee until fully paid; or (2) a title insurance commitment issued by a qualified title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an Owner's policy of title insurance in the amount of the purchase price, insuring title of the Buyer to the real property, subject only to liana, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing. Buyer shall have thirty (30) days, if abstract, or five (5) days, if title commit- ment, from date of receiving evidence of title to examine same. If title is found defective, Buyer shall, within five (5) days thereafter, notify Seller in writing specifying defect(s), and if Seller is unsuccessful in removing them within ten (10) days thereafter, Buyer shall have the option of either (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereunder which shall forthwith be returned to Buyer and ,,-thereupon Buyer and Seller shall be released as to one another, of all further obligations under the Contract; however, Seller agrees that he will, if title is found to be unmarketable, use diligent effort to correct the defect(s) in title within the time provided therefor, including the bringing of necessary suits. 2. EXISTING MORTGAGE(S): Seller shall furnish a statement from the mortgagee(s) setting forth principal balance, method of payment, interest rate, and whether the mortgage(s) is in good standing. 3. SURVEY: The Buyer, within the time allowed for delivery of evidence of title and examination thereof, may have the pro- perty surveyed at his expense. If the survey, certified by a registered Florida surveyor, shows any encroachment on said pro- perty or that improvements intended to be located on the subject property in fact encroach on lands of others, or violate any Contract covenants, the same shall be treated as a title defect. Any survey prepared in connection with or a this transaction may include a description the Florida Coordinate System as defined in Statutes. s a consequence of of the property under Chapter 177, Florida 4. INGRESS AND EGRESS: Seller convenants and warrants that there is ingress and egress to the property. 5. LEASES: Seller shall, not less than thirty (30) days prior to closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by tenant. In the event Seller is unable to obtain such letters from each tenant, the same information shall be furnished by Seller to Buyer.within said time period in the form of a Seller's Affidavit, and -Buyer may thereafteribontact tenants to confirm such information. ,Seller shall deliver and assign all original leases to Buyer at closing. In addition, all lease rentals and security deposits shall be prorated between Buyer and Seller at closing, 6, LIENS: Seller shall, both as to the realty and personalty being sold_ hereunder, furnish to Purchaser at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of financing statements, claims of lien: or potential lienors known to Seller, and further attesting that there have been no improvements to the property for 90 days immediately pre- ceding date of closing. If the property has been improved within said time, Seller shall deliver releases or waivers of all mecha- nic's liens executed by' general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affida- vit setting forth the names of all such general contractors, subs- � M Qfoc&; Qf Rf1�'lIA1;f: 1A7'K►IN 4114KKN1. u:! ISICKJt GypI+F $gsllf VP MAW 10R#94 14,,E #t! 1XIO) M 49CO" Ifitf POW*# IFR;041 VP 1001 contractors, suppliers and materialmen and Further reciting that in fact all bills ftir work to the subject property which could serve as a basis for a mechanic's lion have been paid or will be paid at closing, `�. PLAOS OFLSiN Closing shall be held in the county wherein t-he property in located, at the office of the attorney or other closing went designated by Buyer. S. TIME,. Time is of the essence of this Contract. Any reference herein to time periods of less than S days ,shall in the computation thereof exclude Saturdays, Sundays and legal holi- days, and any time period provided for herein which shall and on a Saturday# Sunday or legal holiday shall extend to 500 p.m. of the next full business day, g. PQg,UMEN`M POR CLOSING.- Seller shall furnish a Deed of Conveyance, Mechanic's Lien Affidavit, bill of Sale# if appli- cable, Assignment of Leases# Transfer and Assignment of Permits and Licenses, and any corrective instruments that may be required in connection with perfecting the title. Sayer shall furnish the Closing Statement, 10. EXPENSES: State and County surtax and documentary stamps which are required to be affixed to the Deed of conveyance, title insurance policy premium, and cost of recording the Deed and any corrective instruments shall be paid by Seller. 11. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated on the current year's tax with due allowance made for maximum allowable discount and homestead or other exemptions if allowed for said year. If closing occurs at a date when the current year's millage is not fixed, and the current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax; provided, however, if there are completed improvements on the property by January 1st of year of closing, which improvements were not in existence on January lst of the prior year, then taxes shall be prorated based upon the prior year's millage�and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration homestead exemption, if any. However, any tax proration based on an estimate may at the request of either party to the transaction, be subsequently readjusted upon receipt of the tax.bill on condition that a statement to that effect is set forth in the closing statement. 12. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratifie special assessment lens as of the date of closing (and not as of the date of Contract) are to be paid by Seller. Pending liens as of date of closing shall be assumed by the Buyer provided, however, that where the improvement has been substantially completed as of the date of Contract, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate by the public body, of the assessment for the improve- ment. 13. IMPROVEMENTS AND PERSONAL PROPERTY: Buyer agrees to purchase the Property, together with the improvements and per- sonal property thereon, in an "As is" condition. However, Seller hereby warrants that all major appliances, heating and cooling systems, electrical wiring and Fixtures, plumbing systems# and machinery shall be in good working condition as of closing. 14, RISK OP LOSS: In the event that any improvements on the Property are amaged by fire o€,other casualty prior to closing, Guyer aha#.1 have the option of either taking the property "as is" together with any insurance proceeds payable by virtue of such loss or damage, or of cancelling this Contract and receiving return of his deposit(s) made hereunder. -4- 4#w orscg$ or !!!S'!!Ali�e WI'tYNN d4lifN►NN too# pmlcoc14 #Vt"u� �u�t; pp� M�e�.� (toRipth 1;11i ;r� +#4014WN R�1ge If1Eo 0#91" roQ44<+E :MV 100574 15. -1A NT-MR�t Notwithstanding the provisions of Standard 13, between contract date and closing data, the personal property referred to in Standard 13 and the ream property, including lawn, shrubbery and pool, if any, shall be maintained by Seller in con- ditions they existed as of Contract date, ordinary wear and tear excepted, 16. P(t S �S t _ SA,i, .._A.I d_t i� S l_t p t Mu t The deed shall be recorded upon clearance of funds and evidence of titre continuad at buyer's expense, to show title in Buyer, without any encumbrances or change which would render Seller's title unmarke- table, from the date of the last evidence and the cash proceeds of sale shall be held in escrow by Seller's attorney or by such other escrow agent arf may be mutually agreed upon for a period of not longer than five (5) days from and after closing date. if Seller's title is rendered unmarketable, buyer shall within said five (5) day period, notify Seiler in writing of the defect and Seller shall have thirty (30) days from date of receipt of such notification to cure said defect, in the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon written demand therefor and within five (5) days thereafter, be returned to Buyer and, simultaneously with such repayment, Buyer shall vacate the premises and reconvey the property in question ..to the Seller by special warranty deed. in the event Buyer fails to make timely demand for refund, he shall take title as is, waiving ail'iights against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contained in the Deed. in the event a portion of the purchase price is to be derived from institutional financing or refinancing, the requirements of the lending institution as to place, time and procedures for closing, and for disbursement of mortgage proceeds, shall control, anything in this Contract to the contrary notwithstanding, provided, however, that the Seller shall have the right to require from such lending institution at closing a commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer -mortgagor. 17. ESCROW: Any escrow agent receiving funds is authorized and agrees �y acceptance thereof to promptly deposit and to hold same in escrovA and to disburse same subject to clearance thereof in accordance with terms and conditions of this Contract. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt as to his duties or liabilities under the provisions of this Contract, the escrow agent may in his sole discretion, continue to hold the monies which are the subject of this escrow until the parties mutually agree to the disbursement: thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or he may deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County having jurisdiction of the dispute, and upon notifying all parties con- cerned of such action, all liability on the part of .the escrow agent shall fully terminate except to the extent of accounting for any monies theretofore delivered out of escrow. If a licensed real estate broker, the escrowee will comply with provi- sions of 5475.25(1)(c), F1a.Stai., as amended. In the event of any suit between Buyer and Selmer wherein the escrow agent is made a party by virtue of acting as such escrow agent hereunder, or in the event of any suit wherein escrow agent interpleads the subject matter of this escrow, the escrow agent shall be entitled to recover a reasonable attorney's fee and the costs incurred, said fees and costs to be charged and assessed an court costs in favor of the .prevailing party. All parties agree that the escrow agent shall not be liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to willful breach of this Contract or gross negligence on the part of the escrow agent. 10, ATTORNEY'S FEES AND COSTS; In connection with any litiga- Lion, itacludng aPpelJ.ate. proceedings, arising out of this Con- tract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. .5„ M1111Aq, WrNVXN OHNN K ioi• !alga;4i tw9ftVC WIT $90 MIAMI 4981P& JPJI 1;4 1)Ptf )00 119W, 6#91144 VP 100574 19� DLPLULT., If buyer fails to perform this Contract within the timfa Aped Pied, the dGposit(s$ paid by the buyer aforesaid may be retained by or for the account of Seller as liquidated damages, considered for the execution of this Contract and in full settlement of any claims; whereupon all parties shah be relieved of all obligations under the Contract; or Seller, at his option, may proceed at law or in equity to enforce his legal Frights under this Contract. If# for any reason other than failure of Sellar to render this title marketable after diligent effort, Seiler fails, neglects or refuses to perform this Contract# the Buyer may seek specific performance or elect to receive the return of his deposit(a) without thereby waiving any action for damages resulting from Seller's breach. 20. CONTRKT—APMO EARL ,_ F�St�NS ..Rbt1NDANiS NC1'i'ICE; Buyer, 'in his sole discretion, may have this Contract or any notice thereof recorded in any public records. This Contract shall bind a,nd inure to the benefit of the parties hereto and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for either party shall be as effective as if given by or to said party, �-� 21. pRORATIONS AND INSURANCE: Taxes, assessments# rental income# interests, nsurance and other expenses and revenue of said properly -shall be prorated as of date of closing. Buyer shall have the option of taking over any existing policies of insurance on the property, if assumable, in which event premiums shall be prorated. The cash at closing shall be increased or decreased as may be required by said prorations. All references in Contract to prorations as of date of closing will be deemed "date of occupancy" if occupancy occurs prior to closing, unless otherwise provided for herein. 22. CONVEYANCE: Seller shall convey title to the aforesaid real property`b7—statutory warranty deed subject only to matters contained in Paragraph VII hereof. Personal property shall, at the request of Buyer, be conveyed by an absolute bill of sale with warranty of title, subject to such liens as may be otherwise provided for herein. 23. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties have executed this Contract on the date stated above their names. Witnesses: Witnesses: . Execu uyer on ANY GER, AS TRUSTEE ("9uy ") Executed by Seller on VILLA ENTERPRISES, INC., a Corporation, ("Seller") - px ant R6w tow V►f%Ff QF lillf'llA►4f 1lMVI M llllNtNki fo#@ pplcff44 RvfaylftM1k641 -s01 10057 11 Attaat: Secretary (Corporate Seal) beposit(s) under 11(a) raceived) if chack, subject to clearance, Parry Beal Estate# as Escrow Agent. i BfXERA09 FEEt Seller agrees to pay the registered real estate Stoker named below, at time of closing# from the disbursements of the proceeds of sale, compensation in the amount of 64 of gross purchase price of $85#000.00 for his services in effecting the sale by finding a Buyer, ready, willing and able to purchase pur- suant to the foregoing Contract. In the event Buyer fails to perform and deposit(s) is retained, 50% thereof, but not ,exceeding the Broker's fee above computed# shall be paid to the Broker, as full consideration for Broker's services including costs expended by Broker# and the balance shall be paid to Seller. If the transaction shall not be closed because of refu- sal or failure of Seller to perform, the Seller shall pay said fee in full to Broker on demand. ' • �- (SEAL) ' PARRY REAL ESTATE i %. y Yf k e k, ,; . 54 11�..��. (please print your name) VILLA ENTERPRISES, INC., a Corporation, by its President, _0RMRACT It SA t Atto_ PtJRC A PART ES 3 'ISRAEL SANCH92 and OLOA SANCH92, his w te, as "Seller"t of (Phonet )► and ALAN RE559R, AS TRUSTEE, as "Buyer"i Of 250 N. C 27th street, Miami, Florida, hereby agree that the Seller shall sell and Buyer shall buy the following property upon the following terms and condition WHICH INCLObE the Standards Por Real Estate Transactions hereinafter referred to as "Standard(a)ft. 1. Oescriptiont (a) Legal description of real estate .located in Dade County, Ploridat Lot 1, Block 6, of ELWOOD COURT BAY FRONT SECTION, according to the Plat thereof, as recorded in Plat Book 16, Page 700 of the Public Records of Dade County, Florida; and the East 15 ft. of Lot 7, Block 3, ELWOOD COURT according to the Plat thereof, as recorded in Plat Book 9, Page 181, of the Public Records of Dade County, Florida. (b) Street address of the property being conveyed is 420-424 N.E. '32nd Street, Miami, Florida. (c) Personal property included: II. PURCHASE PRICE $ 120,000.00 Payment: (a) De20sit received upon presentation of this Contract to Seller, to be held in escrow by Parry Real Estate in the amount of ........................$ 1,000.00 (b) Other: Additional deposit to be received by Parry Real Estate no later than five (5) days after acceptance of this Contract .............$ 11,000.00 (c) Balance to close, (U.S. cash, certi- fied or cashier's check) subject to adjustments and prorations..............$ 108,000.00 TOTAL $ 120,000.00 III. REZONING: This Contract is expressly conditioned upon Buyer obtaining a rezoning order of Dade County, Florida from its present RG-3/6 zoning classification to a CR-3/7 zoning classifi- cation by July 19, 1985, with respect to the following described properties: Lots 5, 6 and 7, clock 3, ELWOOD'COURT SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 9, Page 101, of the Public Records of Dade County, Florida, and Lot 2, 3, a, 5, 6 and 7, Block 1, BROADMOOR SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 37, of the Public Records of Dade County, Florida, and owl- l►rr Prficcs Qr M!#E'llAtb h1!'F:Y iN jIN1.F:Ides 10.f@ lNlGnE�4 ew6Nvr �VJTC W4 tAIA I {+oily r 14k#f l Pt*! f"Wit4if 14 100_+ Lot 1, block 6, ELWOOD COURT BAY PROMI 39GTION, acoording to the Plat thereof, as recorders in Plat look 161 Page 70, of the Public fkeeards of Dade County, Plorida, If buyer does not obtain said reloning by the above date, through no fault of buyer, this Contract shall be voidable by Buyer upon ten (10) days written notice to seller, 1f Buyer chooses to void this Contract, in his sole discretion, upon the giving of the notice specified above, the Parties hereto Shall be relieved of all duties and obligations hereunder and any deposits held in Escrow shall be paid immediately to Buyer. IV. TITLE EVID9NC9: Within fifteen (15) days from the date of Contract, Seller shall, at her expense, deliver to Buyer or his attorney, in accordance with Standard I, either (CHECK) (1) or X (2)1 (1) abstract, or (2) title insurance commitment with fee owners title policy premium to be paid by Seller at closing. Seller shall provide buyer with a title endorsement within fifteen (15) days of closing which shall reflect no Material change in the status of title. V. TIME POR ACCEPTANCE AND EFFECTIVE DATE: If this offer is --not executed by both of the parties hereto on or before February 11 1985, the aforesaid deposit s) sha41 be, at the option of Buyer, returned to him and this offer shall thereafter be null and void. The date of Contract shall be the date when the last one of the Seller and Buyer has signed this offer. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on August 1, 1985, unless extended by other provisions of this Contract. VII. RESTRICTIONS, EASEMENTS, LIMITATIONS: The Buyer shall tape title subject to: Zoning restrictions in effect at time of closing, prohibitions and other requirements imposed by govern- mental authority (except as otherwise specified in Paragraph III hereof); restrictions and matters appearing on the plat or other- wise common to the subdivision; public utility easements of record, (provided said easements are located contiguous throughout the property lines and are not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and the subsequent years, assumed mortgages and purchase money mortgage, if any. VIII. OCCUPANCY: Seller represents that there are no parties in occupancy other than the tenants of Seller, but if property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein,.And the tenant(s) shalt be disclosed pursuant to Standard 5. IX. ASSIGNABILITY: Buyer may assign the Contract. X. TYPEWRITTEN OR HAND WRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as Addenda and modification shall control al.l printed provisions in conflict therewith. STANDARDS 1, EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current -by a.reputable and existing abstract firm (if not existing then certified as correct by an existing firm), pur- porting to be an accurate synopsis of the instruments affecting the title to subject real property recorded in the public records of the county wherein the land is situated. An abstract shall commence with the earliest public records► or such later date as W21111 4sw off Icus Pr 011s'11*%m, WPAIN [ HNNNN lot# 001;0f}t evloviiE *10t law# 1416M, 1401PA )Wl 44 ,lP %"-Qe t,E b(f, 619?$1 rofl41#41 l,1 MY be customary in the ounty wherein the land i§161tuated. Seiler shall convey d marketable title in accordance with Title Standarda adopted from time to time by The Florida Bar, sub6get only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be dischargd by Seller at or before closing, upon closing of this transaction such abstrabt shall become the property of Buyer, subject to the right of retention thereof by any first mortgagee until fully paid) or (2) A title insurance COMMitment issued by a qualified title insurer agreeing to issue to Buyer, upon recording of the dead to Buyer, an fawner+a policy of title insur&hde in the amount of the purchase price, insuring title of the Buyer to the real property, subject only to liens, encumbrances, exceptions of qualifications set forth in this contract and those which shall be discharged by Seller at or before closing. Buyer shall have thirty (30) days, if abstraet, or five (5) days, if title commit - rent, from date of receiving evidence of title to examine same. 1f title is found defective, 'Buyer shall, within five (5) days thereafter, notify Seiler in writing specifying defect(s), and if Seller is unsuccessful in removing them within ten (10) days thereafter, Buyer shall have the option of either (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereunder which shall forthwith be returned to Buyer and ..,thereupon Buyer and Seller shall be released as to one another, of all further obligations under the Contract; however, Seller agrees that he will, if title is found to be unmarketable, use diligent effort to correct the defect(s) in title within the time provided therefor, including the bringing of necessary suits, 2. EXISTING MORTGAGE(S): Seller shall furnish a statement from the mortgagee(s) setting forth principal balance, method of payment, interest rate, and whether the mortgage(s) is in good standing. 3. SURVEY: The Buyer, within the time allowed for delivery of evidence of title and examination thereof, may have the pro- perty surveyed at his expense. If the survey, certified by a registered Florida surveyor, shows any encroachment on said pro- perty or that improvements intended to be located on the subject property in fact encroach on lands of others, or violate any Contract covegants, the same shall be treated as a title defect. Any survey prepared in connection with or as a consequence of this transaction may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 4. INGRESS AND EGRESS: Seller convenants and warrants that there is ingress and egress to the property. 5. LEASES: Seller shall, not less than thirty (30) days prior to closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by tenant. In the event Seller is unable to obtain such letters from each tenant, the same information shall be furnished by Seller to Buyer within said time period in the form of a Seller's Affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall deliver and assign all original leases to Buyer at closing. In addition, all lease rentals and security deposits shall be prorated between Buyer and Seller at closing. 6. LIENS: Seller shall, both as to the realty and personalty being s—ord7ereunder, furnish to purchaser at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of financing statements, claims of lien or potential lienors known to Seller, and further attesting that there have been no improvements to the property for 90 days immediately pre- ceding date of closing. If the property has been improved within said time, Seller shall deliver releases or waivers of all mecha- niC'a liens executed by general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affida- vit setting forth the names of all such general contrectorat sub- M3W 400 PrOE46 of ".14'110%KIt WrP.VVN1 41MPMONK ,ifr`# peocwJts 4vtwit Jpttom i;ono bi&mo ftQowo 4pJ, it r,rrys #000v if •/gIM! IrMI#M4 10! 100057 '` contractorst suppliers and materiailman and further reciting that in fact all bills for work to the subject property which could ,serve as a basis for a mechanic's lien have been paid or will be pain at closing. 7. PLAC'E P CL-0814at Closing shall be held in the county Wherein theproperty is located, at the office of the attorney or other closing agent designated by Buyer. Time is of the essence of this Contract. Any reference herein to time periods of less than 6 days shall in the computation thereat exclude Saturdays, Sundays And legal holi- days, and any time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next full business day. 9. 00C 9MTS_ _POR_ CtOSING: Seller shall furnish a Deed of cabieyaAsgi-timentnof'I.e����,Aidavit, Bill of sale, if appii- g Transfer and Assignment of Permits and Licenses, and any corrective instruments that may be required in connection with perfecting the title. Buyer shall furnish the Closing Statement, 10. EXPENSES: State and County surtax and documentary stamps which are required to be affixed to the Deed of conveyance, title insurance policy premium, and cost of recording the Deed and any corrective instruments shall be paid by Seller. 11. PRORATION OP'TAXES (REAL AND PERSONAL): Taxes shall be prorated on the current year's tax with ue allowance made for maximum allowable discount and homestead or other exemptions if allowed for said year. If closing occurs at a date when the current year's millage is not fixed, and the current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax; provided, however, if there are completed improvements on the property by January 1st of year of closing, which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the prior year's millagq.and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration homestead exemption, if any. However, any tax proration based on an estimate may at the request of either party to the transaction, be subsequently readjusted upon receipt of the tax bill on condition that a statement to that effect is set forth in the closing statement. 12. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of the date of closing (and not as of the date of Contract) are to be paid by Seller. Pending liens as of date of closing shall be assumed by the Buyer provided, however, that where the improvement has been substantially completed as of the date of Contract, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate by the public body, of the assessment for the improve- ment. 13, IMPROVEMENTS AND PERSONAL PROPERTY: Buyer agrees to purchase the Property, together with the improvements and per- sonal property thereon, in an "As Is" condition. However, Seller hereby warrants that all major appliances, heating and cooling systems, electrical wiring and fixtures, plumbing systems, and machinery shall be in good working condition as of closing. 14, RISK OF LOSS: In the event that any improvements on the property mre a;maged by fire or other casualty prior to closing, buyer shall have the option of either taking the property "as is" together with any insurance proceeds payable by virtue of such loss or damages or of cancelling this Contract and receiving return of his deposit s) made hereunder, •4w pmsf or miril Ar.1, wpvlm &j#iK WW •V41*y4 1,411i4 UN woul f.6Pal.QA 14110 1 tE ,uall It@ VW, if if 019?00 roof 4,4f .pw 10057,14 (00 i5, M741'NT.1NA,N�iC t No'ithatanding the prow sionrPof standard be 13: tween c ntraet date and closing date, the personal property referred to in Standard 13 and the real property, including lawn, shrubbery and pool, if any, shall be maintained by Ballet in con- ditions they existed as of Contract date, ordinary wear and tear excepted lb, PROCEEDS fap �A%B A� �G��.1Fk3 .P�r�C��t)SB: The need shall be recorded upon clearance of funds and evidence of title continued at Buyer Is expense, to show title in Buyer, without any eneM brancea or change which would render Seller's title unmarke- table, from the date of the last evidence and the cash proceeds of sale shall be held in escrow by Seller's attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than five (5) days from and after closing date, if Seller's title is rendered unmarketable, Buyer shall within said five (5) day period, notify Seller in writing of the detect and Seller shall have thirty (30) days from date of receipt of such notification to cure amid defect, in the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon written demand therefor and within five (5) days thereafter, be returned to Buyer and, simultaneously with such repayment, Buyer shall vacate the premises and reconvey the property in question to the Seller by special warranty deed. in the event Buyer fails to make timely demand for refund, he shall take title as is, waiving all rights against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contained in the Deed. In the event a portion of the purchase price is to be derived from institutional financing or refinancing, the requirements of the lending institution as to place, time and procedures for closing, and for disbursement of mortgage proceeds, shall control, anything in this Contract to the contrary notwithstanding, provided, however, that the Seller shall have the right to require from such lending institution at closing a commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer -mortgagor. 17. ESCROW: Any escrow agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse same subject to clearance thereof in accordance with terms and conditions of this Contract. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt as to his duties or liabilities under the provisions of this Contract, the escrow agent may in his sole discretion, continue to hold the monies which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or he may deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County having jurisdiction of the dispute, and upon notifying all parties con- cerned of such action, all liability on the part of the escrow agent shall fully terminate except to the extent of accounting for any monies theretofore delivered out of escrow. If a licensed real estate broker, the escrowee will comply with provi- sions of S475.25(l)(c), F1a.Stat., as amended. In the event of any suit between Buyer and Seller wherein the escrow agent is made a party by virtue of acting as such escrow agent hereunder, or in the event of any suit wherein escrow agent interpleads the subject matter of this escrow, the escrow agent shall be entitled to recover a reasonable attorney's fee and the costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that the escrow agent shall not be liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to willful breach of this Contract or; Brass negligence on the part of the escrow agent. 18, ATTORNEY'S FEES AND COSTS; in connection with any litiga- tion, iWcludi'hg appellate proceedings, arising out of this Con- tract,,the prevailing party shall be entitled to recover reasonable attorney'e fees an4 coats. -5- "W p►r14tip Qf blWif4t;1, wrt.,VNN 01l+KWN *off "Ic*F4l� ILLVM 5 *W1 4 W "06041 I► 994 14141 4a 4 400, �" %APQ4, I ll+ 041M , (OWI"I 01P -4 191 if huyer fails to perform this Contract within the time sped fled, the deposit(s) pain by the buyer aforesaid may be retained by or for the account of Seller as liquidated damages, considered for the execution of this Contract and in full sattlernent of any olaimaj whereupon all parties shall be relieved of all obligations under the Contract; or Seller, at his option, may proceed at law or in equity to enforce his legal rights under this Contract, If, for any reason other than failure of Seller to render this title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may sedk specific performance orelect to receive the return of his depcsitta> without thereby waiving any action for damages resulting from Sellerls breach, 2b. Ct �iT iAC' .- pEtO tDABL€► ..pERSbNS._ 9000.-AND NOTtCEe Buyer, in his sole discretion, may have this Contract or any notice thereof recorded in any public records, This Contract shall bind and inure to the benefit of the parties hereto and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all: Notice given by or to the attorney for either party shall be as effective as if given by or to said party. 21. PRORATrONS AND INSURANCE: Faxes, assessments, rental income, interests, insurance and other expenses and revenue of said property'shall be prorated as of date of closing. Buyer shall have the option of taking over any existing policies of insurance on the property, if assumable, in which event premiums shall be prorated. The cash at closing shall be increased or decreased as may be required by said prorations. All references in Contract to prorations as of date of closing will be deemed "date of occupancy" if occupancy occurs prior to closing, unless otherwise provided for herein. 22. CONVEYANCE: Seller shall convey title to the aforesaid real property by statutory warranty deed subject only to matters contained in Paragraph VII hereof. Personal property shall, at the request of Buyer, be conveyed by an absolute bill of sale with warranty of title, subject to such liens as may be otherwise provided for herein. 23. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties have executed this Contract on the date stated above their names. Witnesses: Witnesses: Z., s R6e Executed by Seller on 07!:IrJ . ISRAEL SANCHEZ QLOA SANCHEZ ear QttaM Qr M1411104M, Mr)-' ON 011INKIW.X :$SIR ,9014pt11 60404 $4119f -W)i ,"011MI f.lomope 4P)i 4tk 44910 4" Deposit (s) under 11 (a) received, It check, subject to cloamee, Parry Real Estate, at rserow Agent. a Y otj /a L BROKERAGE FEE- Seller agrees to pay the registered real estate Broker momed below, of tithe at closing, Iforn the disbursements of the proceeds of sale, compensation In the amount of 74% of gross purchase price of S 120# 000. 00, for his services in effecting the sole by finding a Buyer, ready', willing and able to purchase pursuant to the foregoing Contract. In the event Buyer fails to perform and deposit (s) is retained, 50%thereot, but mat exceeding the 'Broker's fee above computed, shall be paid to the Brokert as full consideration for Broker's services 'Including costs expended by Broker, and the balance shall be paid to Seller. It the transaction shall not be closed because of refusal or failure of Seller to perform, the 'Seller shall pay said fee in full to Broker an demand. Commission to be split 50016-50% between Parry Real Estate and Keyes Company. ) - / I , a-( - , A . / �7 (Seal) Parry �6I Estat-i ye TPTI-e'o-se print your name) 11 tkL, k- CL L L A, ISRAEL SANCHEZ OLGA;UNCHEZ 74 EXHIBIT B 1. 1%'HY PRESENT DESIGNAT10N IS INAPPROPRIATE (i.e. RG-3/6) Presently, the depth.of conmercially zoned property along the eastern edge of Biscayne Boulevard is disproportionally shallower than that of similarly zoned properties on the western side of Biscayne Boulevard (see attachment). This situation leads to the possible development of office-co=ercial develonnents on the western side of Biscayne Boule- vard; as opposed to "strip cormercial" or smaller concaercial projects on the East side of Biscayne -Blvd. The result is a poorly balanced relationship between the intensity and type of develop-;er.t on either side of the street. The residential zoned properties (RG-3/7 designation) adjacent to the commercial zoning on the east side of Biscayne Boulevard (CR-3/7 designation) are in a state of transition. Many of the residential structures have been converted; and many community based organizations are located throughout the area. The residential zoned properties are not serving as a buffer between the CR-3/7 designated properties to the west (i.e. fronting on Biscayne Blvd.) and the 'nigher density residen- tial properties to the east (i.e. RG-3/7). in essence the RG-3/6 represents a "valley condition" between two high rise— high density sectors (i.e. CR-3/7 and RG-3/7); in as much it creates a less than desirable residential area and would be more'anpropriate as a com- mercial designation. 2. WHY THE PROPOSED DESIGNATI0N IS APPROPRIATE (i.e. CR-3/7) The CR-3/7 will be an extension of the existing zoning designation presently along Biscayne Blvd. It will allot a more orderly and compatible development of office-comr..ercial along the Biscayne Blvd. corridor. It will also be a catalyst for redevelopment in an area € presently `' s that although resentl� designated "residential" has lost it character or attractiveness as,a residential nei`hboTbood. The CR-3/7 will have clearly defined boundaries consisting of _iscavne Blvd,, NE 32nd St„ F• � � '�E 31st St, and the pr;,pused c:ten„on of NE 4th Avenue, which will be a result of land to be dedicated by the applicant to the City of *.lard for public right-ef-way, t J or sRhb QEPTH ALONG @A AAEAS SUPERIMPOGFED ra 4 ■11 r Aya_ t All �9 v Nkm T ■ Ali millumm ol—A f- 3END OR-3/7 EXISTINQ VIGCAYNE BLVD./we MIRROR IMAG9 OF OR-3/7 FIXIISTINE 0 RIRP-AVNF RL1/5- SUPERIMPOSE® ON T m mo HBO bil momw-_ ml IT v1pro 19 RT SNIP ill go �rm b I MIND CR-3/7 9XI8TING-61SCAYN15 BLVD CRw2/7 RMISTIMIURIMMAVM9 RLvn 21 LAJ 57 1 ti K-3/71 8 4 f9 ""Ify0 tN tN# is P th officiolmA Alig Wwroo tg ww wre by by roar "-4v I wim PIM U, Ao'cl, 9f Miqml,,Fkrio% 0, OR" swwfkw 13 I I 404 05' suou 204 00' :lu 41u, J0 uu, 30 t1s, ....... I::..... . . .... ...:. �: ........... 1. X-) .... ........ . .. ..... .......... X.,3 .......... ............ ......... ............ ........ 5 .. . . . . . . . . . . ..... . . .. .... :: ............. ........ .. .•. . . . . . . . . .............. ......... .. ............. ... .......... ................ V ;z . ... ........ .. ............. . .......... ........... ... ......... . ............. ................ ......... ......... .... .... . ... ....... ....... ... ........ .... . ... .. . . . . . .......... 'Auk JW4 on* 30 El ILIEGEND ZONING CALCULATIONS I I C.01 Ill S.3401"Ill SVnF.I I FOONfAuES 1041116 CA IF4.11liv ltfV(t0fP.ff:#Jf AS Plin KAPIS Pttlf sifflaff Upf to SPACE 11ta4fl1f1a CIA ... .. .. 00-too SPAI.L RtUU614tD A-pluslitA"" AREA SfW,Lf I 4.4 ollsom 01 .11LATeD 10 N Ow NEI AMA 11 RIP"p. A '4016 4 AM 10,40101 Wlit -WutXs V GROSS AM A 101 V1 I tW-L4t.NI "Ill Wat I ....... LrL— tAAM •MAPIK9110.4 39" 0 's 74 rq I -- - - - - r' � ` j � � , �� � s • � 4 ,�1p _� i '�' 1TJ �_ .' ''i, .' �l�i ;: ,, r, '� � � a{ s ... _ . �... :�� a. I nrn.... i. 1#avNo FOURTH R FIFTH FLOOR PLANS ii i iiI u I r�� 1I I E I 111 111I1111 1111 111111111111111111111111111111111111111111111111'111111I1111oil 11111111111oII1101 •L }L i �.p } I f �-1 -�J I ' 1 it rnrNn EIGHTH FLOOR PLAN CA- _. lfllfN»MI'l l,frwlw.l .:� • 1. - . � .a. �.w.......a...�...�_........._.v..�u...ae............u....u....armsm , �� I I I I IIII I� IIIII IIII IIII �I IIII IIII (IIII IIIII III IIII IIII I III III IIIII I1 IIII II III IIIII II�IIIIIIIII III � I III J i ,I i„�., � Y , 73 44 Nt WEST ELEVATION ! Ir �I ` nrff1t n.r- . Ie�ea�+esa•'......�..�•r,._�rf tatl]�+�u y � •al 'i.y ��c� ��ti `tic �; e�i"''��;- idj��,r�,1,�•, :... � •.ejn� ,..: )�, r � �: POW M..J,.,.. ... ... ..i.. .. ..... .« ....=w SOU`FII E!EVATION ��� dk 4 4 1 -L + TPA -7-t 4P Z -mm m IA- -bw6 FASfELEVAIION LONGITUDINAL SECTION' y. Lrl--j is �?,�..--,_ •,. ,;.;,..., _-; ..... 1: FAST EI_EVA1ION LONGITUDINAL SECTION L1 7 MIAMI REVIEW AND DAILY WORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADS Befote the undersigned authority personally appsarsd Octelms V. Farbeyra, who on oeth says that she Is the Supervisor of Legal Advertising of the MIAMI Revlew and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dads County, Florida; that the attached copy of adverifsement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCES IN RE: ORDINANCE NO. 10057 In the ........... XXX .... Court, was published In said newspaper In the Issues of Dec. 6, 1985 Afflant further says that the said Miami Review and Daily Record Is a newspaper published at Miami in said Dade County, Florida, and that the said newspapar has heretofore been continuously published In said Dads County, Florida, each day (ezupt Saturday, Sunday and Legal Holidays) and has been enterod as socond class mail matter at the post allies In Miami In said Dads County, Florida. for a period of one year next pnrceding the first publication of the attached cy f advortisament; and afflant further says that she has nospltheor paid nor promisad any pgson, firm or corporation any discount, robots, mmission or refund for t urpose of securing this admal ant for publication I e s d newspape►. tillf i' �t `"s O • • ' .... . `z' • • (� Swam to iud�s�jbiprtbed bsfore me this �� N "Nmotif an Lai ay �ubiic. $fqi at Fiorlds at Large (SEAL) t • • , „ . • " ` My Commisa(t1q 40" f0to '448. ��rr1lritit►ti,+N++ I ��DiTY tyF NiiA)Mit BAi511: COUNTY, FLVJIkIbA LAGAL UbTifric R All ihierotted petsons will take notice that on the 26th day of- Noverhbet, i085, the City Cothmissloh of Miami, Molds, adoptid the followth5 titled otdinahCa(s); ORDINANCE NO, 10055 AN ORDINANCE AMENDING CHAPTER 50, ENTITLEb,"SHIPS, VESSELS, AND WATERWAYS", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING THERETO AN ADDITIONAL ARTICLE IV, ENTITLED "MIAMI VESSEL MOORING CODE", REGULATING VESSEL MOORING ACTIVITIES IN CITY WATERS, INCLUDING THE SETTING OF REQUIRED STANDARDR,FOR VESSEL MOORING; PROVIDING FOR IMPOSITION OF PENALTIES; DECLARING VESSELS IN VIOLATION OF STANDARDS TO BE A NUISANCE; PROVIDING FOR ABATEMENT OF UNLAWFUL MOORING PRACTICES AND AUTHORIZING CIVIL ACTION TO COLLECT COSTS OF ABATEMENT; FURTHER PROVIDING THAT THE MOORING CODE PERTAINS TO THE MOORING OP,ALLVESSELS; , PROHIBITING THE OBSTRUCTION OF NAVIGABLE . CHANNELS; PROVIDING, SEPARATE MOTORING REQUIREMENTS FOR VESSELS OF .VARYING.. LENGTHS; _ • ; FURTHER CREATING AND IMPOSING SPECIAL ASSESSMENT LIENS IN FAVOR OF THE CITY FOR THE EXPENSES OF REMEDIAL ACTION WHERE MOORED VESSELS CONSTITUTE PUBLIC NUISANCES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10056 AN ORDINANCE" AMENDING THE''ZONING ATLAS OF ORDINANCE NO; 9500; THE ZONING ORDINANCE•OF,T14E CITY OF- MIAMI, FLORIDA'; BY CHANGING THE'20NING -CLASSIFICATION OF APPROXIMATELY "267'.SOUTHWEST 18TH 'ROAD AND APPROXIMATELY 1768.1776 SOUTHWEST 20 COURT; MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM AS-212 ONE FAMILY DETACHED RESIDENTIAL TO CA-217 COMMERCIAL"RESIDENTIAL (COMMUNITY) MAKING FINDINGS;' AND BY MAKING "ALL ' THE NECESSARY CHANGES ON PAGE 37 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. ORDINANCE NO. i0057 '" AN'.;.ORDINANCE AMENDING' THE'ZONING:'ATLAS ,'' ORDINANCE.NO: 9500; THE ZONING ORDINANCE'OF THE'. ,` CITY' OF MIAMI', .FLORIDA, BY: CHANGING; THE ZONING.$" CLASSIFICATION OF APPROXIMATELY.340 152 NORTHEAST S2ND STREET AND,APOROxIMATELy,-335.415aiORTHEAST `" 31ST_ STREET.'M_IAMI„'FLORIDA;' (MORI: ,PARTICULARLY'.;' DESCRIRED;HEREINf.FRO.M RG•316:GENERAL RESIDENTIAL;; " TO CR-31.7.CO.MMIERICALRESIDENTIA4t-4GENERALi',P4AKING' ,. FINDINGS;.AND:BY-MAKING ALL THE NECESSARY>C-HANGES,:,'.,,' ON .PAGE NO, 21 OF.SAlD,"ZONING ATLAS,MADE A PART 9F., i ORDINANCE NO.95W SY ,REFERENCE'AND DESCRIPTION,. IN .ARTICLE.3; StECTION° 300 " THEREOF;: CONTAINING A REPEALER PROVISION AND, A SEVERABIL'ITY CLAUSE QRQINANCE NO I0058 AN ORDINANCE'AtVIENDING'THE__"ZONING'.AT1.AS ORDINANCE NO, 9500`; THE ZONING, ORDINAL G9,OF,.THE'; CITY `OF' MIAMI," FL:ORIDA; '13Y.. CHANGING- THE:kiQNINQV CLASSIFICATIOM APPROXIMATELY, 249Q .NORTHVYE15Tr 14TH-GTREET,.•'MIAMI; FLORIDA, (MORE PARTJCWLARLYt,,-,." D)^SDRj0F.P HEREIN) FROM RG•1/3 G�ENERAL,,:R9W1?ENTjA� ,, : ;.., (ONE AND I)VOTFAMIM TO-RG,2f.5 GENERHEAL 1,40 EN�IA�' .. ; MAKING ,FINQING9;ANQEY.MAI4ING+AL 'T14M-6r;;,SARY,° t, CHANGED 1�N:RAGE-NO; 26 DF.f3ARID.9NING AT1•A&MADE. A PART OF QRPINA,NGE NO.95M 0Y;�flFFAR4NQE",AND.';::' D€SCHIPTION IN :ARTIINLE 3, $EQTIQ,A1;:3Q(%a:1HER€OF; CONTAININQ AMP f-ALER P.. YISIQJ+! ANR A;IaE ! A IIsITY' Ct.AIJGE, ORDINANCE NO, 1,m8 AN,I idD1.NANQ9,,AME.NIMNG ATILA I -F �?R.91�IAHOE.�1Q_ � 1<'HE�Zt�I�IIiIG'�i�ltl�ltl,THE ,.;' MIAMI, FLORIDA, MR 144 HAillg6N ir' �'Nbi'ePy I'utlllc, Slafa at Fforldfi at larq* IWydmmlibPdH jkp#13 t1s,1�5B8. 1 MR 144 t HEPEAL.ER PROVISION AND A SEVERABILItY CLAUSE, ORDINANCE NO. 10059 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE No. 9500, THE ZONING ORDINANCE OF tHE CITY OF MIAMf, FLORID. BY CHANGING THE ZONING CLASSIFICATION OF dtH STREET, M AMII,, FLORIDA, (MODE pARt CTU ARLY DESCRIBED HEREIN) FROM RG-113 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY)TO RG-215 GENERAL RESIDENTIAL MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 25 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. i ORDINANCE NO. 10059 1 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE City or MIAMI. FLbpIbA. t%Y CI.14NGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2504 NORTHWEST 14TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY 1 DESCRIBED HEFtEllsl) M AG-ij3 GENERAL RESIDENTIAL ONE AND TWO AMILY)OTO RG•2/5 GENERAL RESIDENTIAL MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO, 25 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION, IN ARTICLE 3, SECTION 300, THEREOF;- CONTAINING A REPEALEA PREV OVISION AND A SERABILITY - CLAUSE. ORDINANOE NO it0 ►iitlJhl►IF:=trlitjN1N(13:'i'iLA3=f�1=,. `AT" S��"�.�31�1`fA�"Fil1��'aA{f3ER1=AL1<Fi�PROW510NAND.+A� SEVEpq`BILfTjCLAUSE OI4DfNANCE NO;«�0061 3 AN-011biNANCE 'AMENDING'ORDINANCE N6r,�500,ASc .AMENDED, ZONING ORDINANCE#OF THE CITY OF. MIAMI'FLORIDkBY.AMENOINGSECTION20137,TOCLARI Y14- `PRIMARY,:SNECODARY ANDrTEFiT(ARY9WALLS AND WINDOWS,' SECTION 3602, BY>;PROVIDI.NG XOEFINITION FOR RESCUE.MISSIONAND' BYAMENDING,THE OF.,FICIAL4 SCHEDULE OF -DISTRICT, REGULATIONS, PAGE 4! CRAJO ?' ALLOW VIDEO TAPE SALES AND.RENTALS AS A PERMITTED USER-2 TO PERMIT DRIVING SCHOOL, AGENCIES AS A PER MITTEDUSE:,CR-3,ITO DELETE RESCUE MISSIONS AS A PERMITTED USE;>>AND PAGE 51,'CG-1, TO ALLOW ASTROLOGISTS; FORTUNE-TELLERS,' AND. PHRENOLOGISTS; . AS PERMITTED USES; AND RESCUE MISSIONS WITH SPECIAL; EXCEPTION SUBJECT TO TRANSITIONAL LIMITATIONS; CBD- 1, TO REQUIRE CLASS C PERMIT. FOR ANY CHANGE IN EXTERIOR 4CON FIGURATION '`ANDIN EW CONSTRUCTION, SUBJECT TO POSSIBLE REFERRAL TO URBAN REDEVELOPMENT REVIEW BOARD; REMOVE THE PROHIBN CAR CARE SERVICES SUBJECT -TO CERTAIN LIMITATTION ION; PERMIT WHOLESALE. JEWELES AND OF CUSTOM MADE JEWELY INCIDENTFABRICATIONIPRODUCTION TO RETAIL ACTIVITIES; AND REMOVE PLANER I MAXIMUM HEIGHT LIMITATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. MATTY HIRAI CITY CLERK nn--( CITY OF MIAMI, FLORIDA (M1490) 85-120605M 1216