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HomeMy WebLinkAboutR-85-0343it r� J-85-262 3/12/85 RESOLUTION NO. 85`343_ , A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF SOUTHWEST MIAMI AVENUE ROAD LOCATED WEST OF THE WEST RIGHT-OF-WAY LINE OF SOUTH MIAMI AVENUE AND NORTH OF THE NEW ROAD ALIGNMENT FOR SOUTHWEST MIAMI AVENUE ROAD; ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #1248 "HOOKER AND SISKIND SUBDIVISION". WHEREAS, the Miami Zoning Board at its meeting of February 11, 1985, Item No. 1, following an advertised hearing, adopted Resolution ZB-29-85 by an 8 to 0 vote RECOMMENDING official vacation and closure of a portion of a street as hereinafter set forth; and WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of the street in question and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That portion of Southwest Miami Avenue Road located 'west of the West right-of-way line of South Miami Avenue and North of the new road alignment for Southwest Miami Avenue Road, all as a condition of approval of Tentative Plat #1248 "HOOKER AND SISKIND SUBDIVISION," is hereby closed, vacated, abandoned, and discontinued for public use. PASSED AND ADOPTED this 28thday of MARCH , 1985. MAURICE A. FERRE . 7 MAURI E A. FERRE, Mayor PH N IE City Clerk PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney GMM/wpc/ab/422 APPROVED A , Q FORM AND CORRECTNESS: — — .-.- City Attorney CITY COMMISSION MEETING OF MAR 28 198 5 REMARKS. 0 E CITY OF MIAM1, FLORIOA INTER -OFFICE MEMORANDUM �V Randolph B. Rosencrantz DATE: February 14, 1985 CILE. Cit Manager SUBJECT: RESOLUTION - RECOMMEND APPROVAL STREET CLOSURE PORTION OF SW MIAMI AVE RD :ROM ~ io E. D "Oz- one, REFERENCES: p COMMISSION AGENDA - MARCH 28, 1985 Planning and Zoning Boards ENCLOSURES: PLANNING AND ZONING ITEMS Administration Department It is recommended by the Zoning Board that the Official Vacation and Closure of a portion of SW Rif—ami veA nue Road located West o 7Re West rig t-o -way line of South Miami Avenue and North of the new road alignment for SW Miami Avenue Road be approved. T The Zoning Board, at its meeting of February 11, 1985, Item 1, following an advertised hearing, adopted Resolution ZB 29-85 by an 8 to 0 vote, recommending approval of the Official Vacation and Closure of a portion of SW Miami Avenue Road located West of the West right-of-way line of South Miami Avenue and North of the new road alignment for SW Miami Avenue Road (for a total of + 583 square feet), as a condition of approval of Tentative Plat #1248, NUOKER AND SISKIND SUBDIVISION". Three proponents present at the meeting. Backup information is included for your review. A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for the consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL i !? ZONING FACT SHEET LOCATION/LEAL That portion of SW Miami Avenue Road located 'nest of the West right-of-way line of South Miami Avenue and North of the new road alignment for SW Miami Avenue Road ' Portion of Tract A Tentative Plat #1248 "HOOKER AND SISKIND SUB." APPLICANT/OWNER E. Langdon Laws Trustee for William Odom Brickell 3570 South Moorings Way Miami, FL 33133 Phone # 448-2496 Thomas A. Hooker & Stephen A. Siskind 4115 Laguna Street < Coral Gables, FL 33146 Phone # 443-9696 REQUEST The Official Vacation and Closure of a portion of Southwest Miami Avenue Road located West of the West eight -of -way line of South Miami Avenue - and North of the new road alignment for Southwest Miami Avenue Road (for a total of + �t 583 square feet), as a condition of approval —of r Tentative Plat #1248, "HOOKER AND SISKIND -. SUBDIVISION." ry„ RECOMMENDATIONS PLAT 3 STREET At its meeting of January 9, 1985, the Plat & X COMMITTEE Street Committee approved the above tentative §p plat subject to revisions being made to the tentative plat, additional information being provided and/or variances being granted. PLANNING DEPARTMENT APPROVAL. In accord with the conditions established by the Plat and Street Committee. Y° The portion of the street in question does not serve a public need at this time because of the `r... re -alignment of SW Miami Avenue (Road). ' r PUBLIC 'WORKS No dedication is requested. DADE COUNTY TRAFFIC g AND TRANSPORTATION No objection. ZONING BOARD At its meeting of February 11, 1985, the Zoning Board adopted Resolution ZB.•29-85 by an' 8 to 0 vote, recommending approval of the above. SS-343, 11 'i =`t 1-5-14-1 Y ' 7? �t .y r.. - I I 10 5- 4- 13 12 12 3 3 • , e .S �� 14 S.W. 3 S 3 2 +r- SE.4 S 5� 9 e T 6 s 4 135 SE. 10 111 112 11.3 14 15.A]0 I b 10 fV S .W. 4 S T. R T HATCHER ENTERPRISES CO. PROPERTY o � 17 le 0 w TR'A' 'l. r v rJl� p' / : �• as' >30 s C� AM s 1 7 6 1 10 .. k112 1 2 3 I9 I Q... 6 �r6.. C , ST S.E. g ST 8> I V O. 7" s to a 10 9 T 15 5 4 I 2 r 4 $ o y t3 N 15 16 17 is 19 20 21 23 . 0 g 10 1 12 13 14 15 16 �� '2 rQ?% 9 22 0� 13 14 !ti S.V1. r' ? ST. ~S.S. 10 6_�r > t 1 1 a 7 .6 I 2 ] 4 5 6 7 e e 1 Q I /T1 6 • L' sI 1 2 53 Z• ZB February 11. 1985 to Item #1 AS 36 Cn qs� 14 16, n 1a 19 zo 1 2D 0 1S ._ SW Mi ami Avenue Rd. AP P-1 se boa C% S. -�- _ _ g5-343 AFFIDAVIT STATE CF SS. CCLM CF DES ) 1 Before me, the undersigned authority, this day personally a E. Lan don Laws, Trustee s appeared q ,who beiro by me first dull sworn, upon oath, deposes and says: F 1. That he is the awner, or the legal representative of the owner, sutra .i^.g the acccmpanyirg application for a public hearing as required by Ordinance No. 9500 of the Code of the City of 'Miand Florida, effecting the real property located in the City of Miami as described and listed on the pages attached to this affidavit and made a part thereof. 2. lbat all owners which he represents, if arrf, have given their full and complete permission for him to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the accc—.,.pany=g petition. 3. That the pages attached hereto and made a part of this affidavit contain the cur-. ent names, ffmiling addresses, prone :n.nbers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts -as represented in the application and docurents T sub.'utted in conjunction with this affidavit are true and correct. F ur•ther Affiant sayeth not. ( SEEM ) ( e 1 E. Langaon Laws, Trustee Sworn, �t/o�a'nd Subscribed before me this 7 day oQL4,_9 A at Large Nry Ccartission Expires: AOTAY FOBUC STATE OF FLORIDN 1 AY COMMISSION EXPIRES OCT 1s 1987 i MQ I U •91RAL INSWANC: I 85-343_ f OANZR'S LIST Owner's Niame E. Lanadon Laws, Trustee for William Odom Brickell j Mailing Address 3570 South Moorincrs Way, Miami, Fla. 33133 Owner of i telephone Number i Record448-2496 ' Legal Description: Tract A, Hooker and Siskind Sub -Development Tentative Plat 41248 (See Attached Exhibit_"A") Owner's Name Thomas A. Hooker and Stephen A. Siskind Contrac' Mailing Address 4115 Laguna Street, Coral Gables, Fla. 33146 to Purchase Telephone Number 443-9696 Legal Description: See Above 4 Owner's Name Mailing Address Telephone Number Legal Description: _ 4 Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Legal Description 55 S.W. Miami Avenue Road Unolatted Miami, Florida See Exhibit "C" Street Address Legal Description Street Address Legal Description ,,. 85-343 -- A EXHIBIT A Commence at the Northwest corner of the intersection of Miami Avenue (formerly known as Avenue "D") and Southwest Miami Avenue Road, as shown on A. L. Knowlton's MAP OF MIAMI, according to the Plat thereof recorded in Plat Book "B" at Page 41, of the Public Records of Dade County, Florida; thence run Southwesterly along the Northerly side of said Southwest Miami Avenue Road a distance of 150 feet to the point of beginning; thence Northwesterly at right angles to Southwest Miami Avenue Road to the shore of the Miami River; thence North- easterly along the South shore of the Miami River to a point which is 55.50_feet west of the west right of way line of said Miami Avenue; thence Southerly along a line of 55.50 feet west of and parallel with the west right of way line of Miami Avenue to the northerly side of South- west Miami Avenue Road; thence Southwesterly along the Northerly side of Southwest Miami Avenue Road to the point of beginning. 85-343 __ a I C01.K. r%111`ItA1_6iAL CO`11'A1' 11RAL 1CNTATH APPUAiNK11" AND CON'NGLTAMTM EXHIBIT C LEGAL DESCRIPTION Parcel No. 3 Commence in the Northwest corner of the inter- section of South 'Miami Avenue and Southwest 'Miami Avenue Road in the City of Miami, Dade County, Florida; thence run Southwesterly along the Northerly side of said Southwest :1,Iiami Avenue Road a distance of 150 feet to the Point of Beginning; thence continue Southwesterly along the Northerly side of said South- west Miami Avenue Road for a distance of 175 feet; thence 1'orthwesterly at right angles to said South- west Miami Avenue Road to the shore or harbor line of the 1XIiami River; thence Northeasterly along the South shore or harbor line of the Miami River to a point on South shore or harbor line which is opposite and at right angles to the said Point of Beginning; thence Southeasterly to the Point of Beginning; to- gether with all riparian rights. 85-343- 7 a I a C; y' x AST, Mr' DISCLL:SURE OF 9.NEPcHIP 1. Legal description and street address of subject real property: No street address recorded. Tract A, Hooker and Siskind Sub -Division Tentative Plat 41248 (See Attached Exhibit "A") 2. Cwner(s) of subject real proj*rty and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of all shareholders of corporaticns, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. E. Langdon Laws, Trustee 3570 South Moorings Way, Miami, Fla. 33133 FOR: William Odom Brickell (100%) 832 Alphonso Coral Gables, Fla. 33146 666-0923 3. Legal description and street address of any real prcparty (a) owned by any party listed in answer to question 17-12, and (b) located within 375 feet of the subject real property. 55 S.W. Miami Avenue Road Unolatted See Exhibit "B" (Attached) . C OWNER OR i-,Z%RgEY FOR Oa-NER E. Langdon aws, Trustee "i: CF FLOR SS ) CGGL ^i GF DADE ) being du sworn, deposes and says that ne is the.(C er) (Attorney for Owner f the real property described in answer to qu tion #1, above; tha a has read the foregoing answers and that the saiwne are a and couple and (if acting as attorney for owner) that he has authors to exe a this Disclosure of Ownership form on bghalf of the owner. ame SWOF"N TO JAM SUBSCRIS before me this day of , 199_• (SEAL) Notary Public, State of Florida at Large CC,YFISSION EX.PI cES: (over) L: 85-343 $� STATE OF FLORIDA ) SS: COUNTY OF DADE ) E . Langdon Laws , being duly sworn, deposes and says that he is the duly appointed Trustee of Record , the owner of the real property described in answer to question T—above; that he has read the foregoing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship fotn on behalf of the owner. S1 ZTN M AM - BED before this day of ' J (SM) (Name) E. Lang on Laws, Trustee Florida! a�*. T aVe — *NOTAF,Y PUELIC STATE OF FLJ2i�q my caM'LISSIC N I✓'`{pIRE5: MY CC&-%,IISSIOIJ EXPIRES OCT 13 087 @ONpED� 7HW GEENRAL NNSUZANCG u, t) a-L%j/wpc/ab/G 25 85-343-91 f EXHIBIT A Commence at the Northwest corner of the intersection of Miami Avenue (formerly known as Avenue "D") and Southwest Miami Avenue Road, as shown on A. L. Knowlton's MAP OF MIAMI, according to the Plat thereof recorded in Plat Book "B" at Page 41, of the Public Records of Dade County, Florida; thence run Southwesterly along the Northerly side of said Southwest Miaini Avenue Road a distance of 150 feet to the point of beginning; thence Northwesterly at right angles to Southwest Miami Avenue Road to the shore of the Miami River; thence North- easterly along the South shore of the Miami River to a point which is.55.50•feet west of the west right of way line of said Miami Avenue; thence Southerly along a line of 55.50 feet west of and parallel with the west right of way line of Miami Avenue to the northerly side of South- west Miami Avenue Road; thence Southwesterly along the Northerly side of Southwest Miami Avenue Road to the point of beginning. e 85-343-.i0 A A %�✓uru .io6 .lSl! l� RX04mF .S:�eaci-z ' jhr,. .I>S-'ea , a /V,� o January 10, 1485 EXHIBIT B LEGAL DESCRIPTION RIGHT-OF-WAY TO BE VACATED Beginning at a point of intersection with a line 55.50 feet West of the West right-of-way line of South Miami Avenue and with the Northerly right-of-way line of S.W. Miami Avenue Road; thence run Southwesterly t along the Northerly right-of-way line of said S.W. Miami Avenue Road for a distance of 78.00 feet to a point of curvature of a circular curve concave to the South having for its elements a radius of 100.00 feet and a central angle of 37044'43"; thence run Easterly along the arc of said curve for a distance of 65.88 feet to a point of intersection with a line 55.50 feet West of the (lest right-of-way line of said South Miami Avenue; thence run Northerly along the last described line for a distance of 26.83 feet to the Point of Beginning, containing 583 square feet, more or less. 85-343-11 i KNOW ALL MEN BY THESE PRESENTS: That E. LANGDON LAWS, Trustee under the testamentary trust contained in the Last Will and Testament of MARY BRICKELL LAWS, deceased, Probate No. 70-4372, Dade County, Florida, for the purpose of giving effect to that certain Contract For Sale And Purchase by and between E. LANGDON LAWS, Trustee as Seller, i f and THOMAS A. HOOKER and STEPHEN A. SISKIND or nominee, as Buyer, dated August 10, 1984, covering that certain real property in the City of Miami, Florida, located on the northerly side of Southwest Miami Avenue Road along the Miami River more particularly hereinafter described, does hereby constitute and appoint THOMAS A. HOOKER whose address is 4115 Laguna Street, Coral Gables, Florida 33146, true and lawful attorney for and in behalf of himself: to cause a replatting under the laws of the State of Florida and of Metropolitan Dade County of the following described real property, to -wit: Commence at the Northwest corner of the t. intersection of Miami Avenue (formerly known as Avenue "D") and Southwest Miami Avenue Road, as shown on A.L. Knowlton's MAP OF MIAMI, according to the Plat thereof recorded in Plat Book "B" at Page 41, of the Public Records of Dade County, Florida; thence run Southwesterly along the Northerly side of said Southwest Miami Avenue Road a distance of 150 feet to the point of beginning; thence northwesterly at right angles to Southwest Miami Avenue Road to the shore of the Miami River; thence North- easterly along the South shore of the Miami River to a point which is 55.50 feet west of the west right of way line of said Miami Avenue; thence Southerly along a line of 55.50 feet west of and parallel with the west right of way line of Miami Avenue to the northerly side of Southwest Miami Avenue • Road; thence Southwesterly along the Northerly side of Southwest Miami Avenue Road to the point of beginning; and to file a zoning application with the City of Miami covering the said property and to appear in furtherance of such application in all applicable offices and before all agencies having jurisdiction of the City of Miami, including without being limited to the Mayor and City Commission of the Citj of Miami; 85-3431Z r For a period commencing this date and terminating at midnight Friday, June 28, 1985. IN WITNESS WHEREOF the undersigned has affixed his hand and seal this . -2— day of February, 1985. Signed, sealed and delivered in the presence of: STATE OF FLORIDA ) )SS COUNTY OF DADE ) E. LANGDON WS, Trustee The foregoin pecial Power of Attorney was acknowledged before me this day of February, 1985 by E. LANGDON LAWS, as Trustee under the Testamentary Trust of the late MARY BRICKELL LAWS. WITNESS my hand an�ficial seal in the County and State above mentioned, this •S_' ' day of February, 1985. Notary Public, State of. Florida at Large My Commission Expires: The foregoing Power of Attorney has been reviewed by the undersigned as the beneficiary under the testamentary trust referred to therein and fully considered in the context of the transaction contemplated under the Contract for Sale and Pur- chase dated August 10, 1984 also referred to therein. The under si ned hereby ratifies -'and confirms the Power of Attorney, this day of February, 1985, at Miami, Florida. JSC37/cl(1) J/,'�/%�„'. _ �/: �ct�/✓i� ( SEAL) hWILLLIAM O. BRICKELL -2- 85-343- (3 , AFFIDAVIT ;1 i STATE OF FLORIDA ) SS: COUNTY OF DADE ) i BEFORE ZE, the undersigned authority, personally appeared PRESTON L. PREVATT, who, upon first being duly sworn deposes and says: 1. That he is a partner in the law firm of Shutts & Bowen, :iiami, Florida and he represented the Estate of Mary Brickell Laws when it was administered in Dade County, Florida under Probate No. 70-4372. 2. That E. Langdon Laws served as executor of this Estate and when he obtained his discharge on November 8, 1974, he s assumed the duties as Trustee of the Trust created under the will of Mary Brickell Laws, a copy of which will is attached hereto. 3. The powers and duties of the Trustee are contained in said will. 4. That to the best of your affiant's knowledge and belief, Mr. E. Langdon Laws, at the present time, is still serving as Trustee under the will of Mary Brickell Laws, deceased. PRESTON L. PREVATT SWORN TO AND SUBSCRIBED before me this ! day of 1985. NOTARY PUBLIC, ATE OF FLORIDA AT LARGE My Commission Expires: Pr�t!+N •:sic., ^.9 nr ;�..:.. 85-343.- 1 `f FO ► AFFIDAVIT STATE OF FLORIDA ) SS: COUNTY OF DADE ) BEFORE 'LIE, the undersigned authority, personally appeared PRESTON L. PREVATT, who, upon first being duly sworn deposes and says: 1. That he is a partner in the law firm of Shutts & Bowen, Miami, Florida and he represented the Estate of Mary Brickell Laws when it was administered in Dade County, Florida under Probate No. 70-4372. 2. That E. Langdon Laws served as executor of this Estate and when he obtained his discharge on November 8, 1974, he assumed the duties as Trustee of the Trust created under the will of Mary Brickell Laws, a copy of which will is attached hereto. 3. The powers and duties of the Trustee are contained in said will. 4. That to the best of your affiant's knowledge and belief, E. Langdon Laws, at the present time, is still serving as Trustee under the will of Mary Brickell Laws, deceased. ,,,4.7 (2, , ��� PRESTON L. PREVATT SWORN TO AND SUBSCRIBED before me this day of 1985. NOTARY PUBLIC, VATE OF FLORIDA AT LARGE My Commission Expires: 85-343.- lq PARTIES E • LANGDON LAWS, TRUS i ZE _ � to ' Sailor' of na • (Phone t slid THOMAS A.- HOOKEnd STEPHEN A'. SZSI IND ORI�Tj�jF. - "nvr«' of _ (Mons hsrsby agree that the Seller shall tall end Buyer shall buy the following property upon the following terms and conditions WHICH INCLUDE the Standards F0 Rest Estate Transactions on the favor" hereof or sttsched hereto, hereinafter retorted to K "Standard($)". 1. DESCRIPTION: (0) Legal description of real estate ("Property") located ire_ Dade County, Florida: SEE ATTACHED EXHIBIT. -- (b) Street addresi, if any, of the Property being tonvsyod is (c) Personal property included: NONE. II. PURCHASE PRICE:_ .. .. .. .. .. . . . . . .. . .. . .. . . . .. .. . . . . . . .. . . . . . . . ... . . .... .S 240,000.00 PAYMENT: (a) Deposits) to be held in escrow by Thaer Commercial Inc.- 25,000.00 in the amount of . . . . . i (b) Subject to AND osuntption of Mortgage in favor of bearing interest at % par annum and payable as to principal and interest S - per month, having an approximate proton% principal balance of . . . . . S (c) Purchase money mortgage and note bearing interest at % on terms set forth heroin below. In the principal amount of . . . . .. . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . .. . .. . . . .. . ..S (d) Other s c (a) Balonce to close, (U.S. cash, certified or cashier's check) subject to adjustments and proration* . . . . . . . . .S 21S ► 000 . 00 TOTAL .. S 74n _ nnn - nn 111. FINANCING: If the purchase price or any part thereof is to be financed by a third party loan, this Contract for Sole and Purchase, 1"Contract" 1. is cc ditionod aeon the Buyer'obuining a firrtLcof irrtitmant for said loan -with((% "_ N� A digs from date hereof, at an interest rate not to •scot N JA_%, term of N / Ayears: and in the princio_al amount of S 14 Z A Buyer sgrees to make application for, and to use reasonable dil f pence to obtain said loan. Should Buyer fail to obtain same or to"waivi Buyer's rights hereunder witAin said time, either party may cancel Contract. IV. TITLE EVIDENCE : Wlthiri 3 Q days from date of Contract, Seller shall, at hit expense, deliver to Buyer of his attorney, in accordance wi Standard A., either fCHECK) 011) or 15121 : (1) abstrset, of T2) title in urence-commitment with fee owner's title policy premium to be paid by Seller at closin tz I A A / V. TIME FOR ACCEPTANCE_ANO EFFECTIVE�OATE: 11 this offer is not executed by both of tntpsnies hErete on o► belora ,,_.�.,.y �-�- Ef the aforesaid deposits) shall be, at the option of Buyer. rsturnrtd to him and this•o"ar shall thareslter be null and void. The date of Can t sec MOW, shall be chi-oato whto the lsii ani orate Seller and Buj sr has s7gnsa this offer: - - �7 ( t f� VI. CLOSING DATE: This transaction shall be closed and the -deed and other closing papers delivered on the 3lstdey of December 19 _ A 4 - unless extended by other provisions of Contract. V11. RESTRICTIONS. -EASEMENTS, LIMITATIONS. The Buyer shall take title subject to Zoning, iestrictions, piofiibitioniind other raauirerriente imposed D govsrm�tins( sutnor;ty: Rastuctiortf.end_maiters ipoesrtng on the plot or otherwise common to the subdivision; Public utility easements of record. (provided so. easements are located contiguous throughout the piopirty'lines ono are not more than 10 (set in width as to the test or front lines and 7X feet in width as to tf side lints, unless otherwise specified hereinl;.Zoans tot Vast of dosing and subsequent years, assumid moFtgagos"and purchoa money mortgage*. If am other: Provided. however, that none of the foregoing shall prevent use of the Property for the purpose of con ct rt l rt i ng an office bu i ld i 7 Vlll. OCCUPANCY: Seller represents that there ors no parties in occupancy other then Seller, but If Property is intended to be rented or occupied beyond closin the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard G. Seller o9roea to deliver occupancy of Property time of closing unless otherwise specified below. If occupancy is to be delivered prior to closing, Buyer assumes all risk of loss to Property from date of etc pency. shall be responsible and liable for ntaintonancs thereof from said date, and shall bo deemed to have accepted tha Property, fissional personal. in Its eaisti- condition &$ of time of taking occupancy unless otherwise noted in writing. IX. ASSIGNABILITY: (CHECK ONE) Buyer 0moy assign ❑ may not assign, Contract. X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as Addends shell ontr• NI printed provisions in conflict thetowith. Xi. INSULATION RIDER; It Contract is used for the sale of a new residence, the Insulation Rider shall be attached hereto and made a part hereof. XI1. SPECIAL CLAUSES: SEE ATTA&ED ADDENDUM. 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 13EEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR Copyright 1981 by The Florida Bar and the Florida Association of REALTOAS but NOT repuired) P. 0 tl 1pl�raceiy� I1 + subioc/0 clearance. By; ,LPL.'. Executed ocuted by Sailor on (SEA (SE A V ISEI (=tiler) tsE � Is.11enl BROKERAGE FEE: Sailor agrees to ay the registered reel estate Brakes na it bafow sl I s of closing. from Ina disbursements of the proceeds of ale, t ^8 . 8I30 Q , for his services In affecting the ale by find) a Buyer, to pensatlon In the amount of % of gross purchase price or s Y fig willing and able to purchase pursuant to the foregoing Contract. In tha *vent Buyer falls to perform and deposit(&) is retained, 50% thare0/, but not sacoodln( Bker rb'a fee above computed, Mall be paid to the 8roaer, as full tonslaoration for Broker's savlcea including costs oapandod by Broker, and the balance she aid to Seller. It the transaction Mall not be ciouid because 01 refusal or failure of Seller to perform, the Seller shelf ply aid toe In full 40 BtOker On diamond. Iiroker,as Escrow Agent, agrees to comply with this contract. THAER RCIAL, INC. ISEAL) E. LANGDON LAWS., TRUSTEE (99 ttiler� o! Br sal lSieiler► By (Sailor) 85--343.t_ 1S, FVIDEr:CE CF TITLE. m AmN. .[)S f UR I'LAL CSTATC ; RANSACTIONS Mtiffcl of 1,11r P•ens•rd or t.•Oup'+1 current by P .rnutable and eatllinn ahstrae. •,rm (if not e.'flrng tarn co,l,f,rd a& correct n $$.fling luty s 11waled,norling 10 r•c sn accu,ale tynons tr,e ,nsuumcnis afsrcting ells tens io svblect Pr ty ratorOrd in the pubt;e scorns of the county w^• n In! Property if sttuatetl, tnroupn Ellecn�e Oa1t. auslraci shall commence with the rafhe$t pubi�cords. of wem flier Oatif of may be euflo^o,y In ounly whatern lht Property •s situated. Seller shall rc. Cy if m■rt elaute title toLlect only to I-rnl, Pneumt..ancel. tacerooms or qualifications fee forth In 11,14 C act and those which snail be a.tchofged by Seller at or'.efore closing. Mar►cleble line retell Ste del erenlnted In accordance with applicable Title Standsrdf &.1or+ y authority o1 The Florida Bet and in accordance with law. I IIQon claung of this frantact,on such sbslraCl shall LtCOma the property Of Buyer, tuble�t to the fr f fd;ng n lhtraDl by lirtl mortgagee until fully paid; or t1J a title ,nturen<e commitment ;nuetl by • Qualified title Inturof agreeing to talus to Buyer, we : C�Or ling of iota deed 10 flu ce an Owner's policy of title Imtwfance In the amount of the purchat! price, insuring title of the Buyer to the Properly, we$ h/y to liens, encumbrances l�■cePI;Ons Of Qualifications ►et forth in enis Contract and those which thell be dischuged by SN(t( at or belore closing Buyer f fire 30 days, if abstract, orizdayt, if title commilment, from call of receiving evidence of title to eaomine same. If title Is found detective. Buyer shall, wiihi &ys thereafter, notify Seller in writing specifying defecils). It said delrcils) fender title unmarketable• Setter theft have 120 days from recalot o1 notice wil hich to remove Said defectis), and if Seiler is unsuccessful in removing them within said time. Buyer shall have the Option of either 11) accepting th/ lilies hen is, or (21 demanding a refund of sit monies paid hereunder which shall forthwith be retutnard to Buyer and thereupon Buyer and Stiller shalt be relented. a me another, Of all further obligations under the Contract; however, Seller agrees that he wilt, ;1 title it found so be unmarketable, use dllipint e11ott to correct 'alectit) in toile within the time provided therefor, including the bringing of necessary Suitt. 1. EXISTING MORTGAGES: Seller shall furnish a statement from the morlgagetis) setting forth principal balance, method of psyment, inie#est rate and whet he mONgage(s) is in good standing. 11 a mortgage requires soprovol of the Buyer by the mortgagee to order tO avoid default, or for assumption by tint Buyer of I -10rtgage, and © the mortgagee does not approve the Buyer, lht Buyer may rescind the Contract, or ®requites an Intel$$* in the inlerett rate or charges a or any reason in elect's Of S100 00. the Buyer may oescind the Contract unless Seller elects to may such increase or !e[est. Seller and Buyer shall each any 507 uch tee. Buyer shall ute reasonable diligence to obtain approval. The amount Of any escrow deposits held by mortgage* shall be credited to Seller, ,. PURCHASE MONEY MORTGAGES: The purchase money note and mortgage, if any, shall provide for a 30 day grace period in the event of default If It ,rsl moriplegr and a 15 day grace period i1 a second monpaoe; shall provide for right of prepayment In what* Or in pan without penalty; shall not provide :ctleralloh Of interest adlutiment in event o1 resale o1 the PiaperiV. and shall be otherwise in form and content required by Seller's attorney; provided. how* ;eller may Only Iequire clauses cunomatily found in mortgages and mortgage notes generally utilired by savings and loan institutions in the county wherein Ifoperty it located. Said mortgage shall requite the owner at the encumbered Property to keep all prior liens and encumbrances in good standing and forbid •caner Of the Property from accepting modifications of or future advances under prior mongage(t). At; personal property being conveyed will, at option of Se e subject to the lien of the mongago end evidenced by recorded Financing Statements. >. SURVEY: The Buyer, within time atlowed for delivery of evidence of title and examination thereof, may hart the Property surveyed as his expenso. It urvey, certified by a registered Florida surveyor• shows any encroachment of said Property or that improvemants intended 10 be located on the Property in ncroech on land% OI others, Or violate any of the Contract covenants, the same shall be treated as a title detect. TERMITES; L. Wf_ •ccufs last, may have The improvements inspected at Buyer's eapense by a Ceriefeed Pest Control Operator 10 determine wh h•• -� .t -,stair active tern nteslation of visible existing damage from termite inlestat.on in the improvements. If Buyer of infotm^r part of the foregoing. Buyer will have a d •om date of written nolo,:e thereof or 2 days alter selection o1 a contractor t om•-•- ., rust, within which to have all damages, whether vitible or not, oected and estimated by a licensed building or general . ,. , r small pay valid coals of treatment and repair of all derr.age up to 1Y,SL of Purchase Pf hould such costs exceed that a a have the option of cancelling Contract within 5 days aher receipt of contractor's repair estimate by g.. ,rtt%en notrc O..SaJ wirer may elect to proceed with the itansaciion, in which event Buyer %hail receive •credit at cl iinq of an amount equal to 1151. .. . ..y .xo . .. ey.., w .,. ,.e ...,,,.. u .. , e v ..,. s ....... t. INGRESS AND EGRESS: Seller warrants Inat there is ingress and egress to the Property sufficient tot the intended use as described in Paragraph VII her he title to which is in accordance with Standard A. as -a ed 46POR . � c 1 • C v e • +. a - d is=�-�•:a:.... �S++iM'iaw4.t.awd-8wr . •i h*faaft•r.LOmf aci�anabf Li^'^^rare•• ••arts• � / No leases. See addisduQT►. �- t. LIENS. Seller shall, both as to the Properly and personalty being sold hereunder, furnish to Buyer at time o1 closing an at1; davit atiesting�toCJh ,sir tnerwise provided for herein, of any financing statements• claims of firm of potential liemors known to Seller and further attesting that there have been rro .mot, pants to the P,aperty for 90 days immediately preceding date of closing. 11 the Property has been improved within said time. Seller shall deliver releases or .leis; .1 all mechanic's tiens, executed by general contractors, subconllsctors,•supplier%. and materialmtn, in addition to Seller's lien affidavit sening forth the name 11 such general contractors, subcontractors, suppliers and materiaimen and further reciting that in fact all bills for work to the Piapar;y which could Serve at a C or a mechanic's lien have been paid or will be paid at closing. ' PLACE OF CLOSING: Closing shall be held in county wherein Property is located; at the office of artornay or other closing agent designated by Sellers. TIME: Time is 01 the tstence of this Contract. Any reference herein to time perioas of less than 6 days shall in Me computation theraot exclude Saturdays. S sy$ and legal holiday%• and any time period provided for herein which shall end On a Saturday. Sunday or legal holiday shall extend 10 5:00 p.m. of the next witness day. DOCUMENTS FOR CLOSING: Seller shall furnish aced• mechanic's lien affidavit, assignments of leases, and any coltective instruments that may be requ;s*t onnection with perfecting tht title. Buyer shall furnish closing statement, mortgage• mortgage note• security agreement• and financing statements. EXPENSES: State documentary stamps which are required to be affixed to the instrument of conveyance• intangible tax on and recording of purchase ma nongage 10 Seller, and cos: Of recording any collective instruments shall be paid by Seller. Documentary Stamps to be affixed t0 the note Or notes secured by ufchase money mongage, cost of recording the geed and financing statements shall be paid by Buyer. A. PRORATION OF TAXES (REAL AND PE RSONAL): Taxes shall be prorated based on the currant year's Lase with due allowance made for maximum allots& $count and homestead Or Other exemptions if allowed tot said year. If closing Occurs at a date when the current Vest's mitlage is not fixed• and current ye :SOSsment is available, taxes will be prorated based upon such assessment, and the prior year's mitlage. If current year's assessment is not available, then taxes e prorated On the prior year's taa; provided, however• it there ate completed improvements On the Property by January 1st all year of closing, which imptovemt -ere not in existence on January 1st of the prior year, then tomes shall be prorated based upon the prior year's mileage and at an equitable assessment to be age Pon between the ponies, failing which• request will be made to.the County Property Appraiser for an informal assessment taking into consiostation homosi aamption, if any. Howwer, any tax ploration based on an estimate may at request of tither party to the transaction be subst4uently readjusted upon veceip ex bill on condition that a statement to that effect is set forth in the closing statement. r, SPECIAL ASSESSMENT LIENS. _ , .. .. y Setter, ranging liens as of date of closing shall be assumed by Bu er ••r ••^'�� v pm imroveent has been swosisntially completed at of .ffettive Qafe r. ^•' - ''• '• v .s carte ,od, conlirTea or raul,gd and Seller shall• at closing, bt cholQed an amoun sou I tlit,i'1t-last elt�ir ee addendim. •., i�1�•JT " 1: ). PERSONAL PROPERTY INSPECTION, REPAIR' _ Orking condition as of 6 days prior to closing. Buyer may, at his expense, have intpections mkdr &rsom dealing m the repast and m enanee thereof, and shall report in writing to Seller $ •.,la.ng condition prior to taking of possession thereof, or 6 tlays prior to e1eS •h;chever is fir•• I ^• within Said period, he shall be deemed to have waived Seller's warranty at 10 failures not loponed Valid repor ..S.. I lon-S..,. .. ..11, CICS 1". r • p. RISK OF LOSS: _ _ alualion of I►,* improvements to damaged, cost of restoration %hall be an obligation of the Sell . u want to the farms o72oni .i'W cost thtfefor escrowed at closing. In the event the c , r - ceros A of the assessed valuation of the improvements to damaged, 81 tall have the o •:� r lee y aS is, together with either the said & o► ny insurance proceedl payable by virtue of such loss or damage, 0 _ . _ .... See ac aenf uh. MAINTENANCE: , .. .. r • .r .,,r• td real property, includino lawn she . rmamcl nif candition they exirted as of Ellectivo_Date. or ��ffnew car a PROC EEOS OF SALE AND CLOSING PROCEDURE. The deed Shoff be tecorded upon clearance of funds and evidence of title continued at Buyer'$ agar. + show title in Buyer, without any encumbrances or change which would render Seder's title unmarketable from the date of the last evidence, and the ca►h reds of sale shall be held ill tscrolrse by Seller's attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than S d Ors► and after closing date. If Seller's title is tendered unmarketable. Buyer shall within said 5 day period, notify Seller in writing of the defect and Seller ►t owe 30 days item date of receipt of such notification to cute said defect. In the event Seiler fails to timely cure said delect, all monist paid hereunder shall, us• vision demand thotelor and within 5 days thereillot, be returned to Buyer and, simultaneously with such frpayment, Buyer ►hall vacate the Property and rat ey same to the Sallee by special warranty deed. In the event Buyer fails 10 make timely demand for refund, he shall take title as is, waiving all rights against Se to such intervening detect except as may be ovatloble to Buyer by virtue of warranties, if any, contained in dead. In the event a portion of the pusce• rice it 10 bt derived loom institutional financing or tolinancing, the requirements of the lending institution as to place, time of day and procedures tot c tg. anal for disbursement of mortgage proceeds• shall control, anything in this Contract to the contrary notwithstanding. Provided, howasrM, that the Sella# s eve the right so require from such lending institution at closing i commitment that it will not withhold disbursement Of mortgage proceeds as a result Of any % elect attributable to Buytr•mongagor. The escrow and closing procedure required by this Standard may be waived in the event the attorney, title agent as clot ions insures against adverse matters pursuant to Section 627.7841. F.S. as amended. ESCROW: Any escrow spent receiving funds is authoeit*d and Igo**% by acceptance thereof to promptly deposit and to hold tame in escrow and to dl►bu .me subject to clearance thereof in accordance with terms and conditions of Contract. Failure of cleatance 01 funds tholl not excuse performance oy the But the event of doubt as to hit duties or liabilities under the provisions of this Contract• the escrow agent may in his sole discretion, continue to hold the enter, nich ate i►.e subject of Chit escrow until the parties mutu•ily ogle* to the disbursement thtteof, or until • judgment of a court of compolent jurisd;cilon it riefmine the rights of the parties invited. Or he may deposit all the monies than held pursuant to this Contract with the Clerk Of the Circuit Court of the Cow, ,swing jut;sdict.on of the d.spute, and upon notifying all parties concerned of such action• all liability on the part of the escrow agent shell fully term;nate, roc the extent at accounting lot any monies therelafore delivered Out of escrow. If a licensed real mate broker, the escrOwee will comply with provisions of Sect 75.25 111 1c), F.S., as amended. In the event of any suit btswoen Buyer and Seller whostin the escrow agent is made a party by virtue of acting as such tact )ant hosairnaer, or in the event of any twit wherein escrow opent imerpteads the Subject matter of this escrow, the escrow agent shell be entitled to tecove osonable vessofney's its and costs incurred, said fact and coils to be Lhatped and nstassed a► court costs in favor of the prevailing party. All ponies agree that crow agent shell not be liable to any party or potion whomsoever tar misdelivary to Buyer Or Seller of monies subject t0 this escrow, unless such miwalively &I e due to willful breach of this Cooleacl at gross negligence On the Pori of the &$crow agent. ATTORNEY FEES AND COSTS: In connretion with any litigation including appellate proceedings setting out of this Contract, the prevailing party Shall -.trtleal to oecover reasonable alsorney'► fen and coat. c'a main DEFAULT: It Buyer fails to perform tries Contract within the I;me specified, the dtposit(s) paid by the Buyer ad...,. faresai by Or tq • ac a Setter as liquidated damages, conNdatation for the saccusion nl this Contract land in fuli settlement of any claims; whereupon all parties Share be rol;reoo I obligations under the Confines. I1, for any reason of an failure of Sailor to longer his title mosketable Stitt dill;gent allort, Seiler fells• negiectt or refutes to parlorfrs this Contsaet, the Buyer may sak ►pecitic f rmance or elect to eaceive the reluln at his deposst(s) without thereby waiving any action lot demlages feseviting from Seller's breach. CONTRACT NOT RECORDABLE. PERSONS BOUND AND NOTICE. Neither this Contract nor any notice thereof shall ba loco( ded In any public ftrpi na Constar shelf bind and Inure 10 the benefit of the ponies heteto and their successors in imcfest. Whenever the corisexl permits, singular shell Include piwal # to gender shall include all. Notice given by or ►o the attorney tat either patty small be as effective as it given by Or to said party. PRORATIONS AND INSURANCE: Taae%, as►etsmvnu, sent, In►eeest, ifitustence 0na ashev expenses and rev*nw of the Property Moil be ploretea as of t I closing Buyer shall have it-* option at taking Over any exi►t;ng policies of insurance an the Pfopersy. if assumable. In wnich event plem1wrna Mall be nips$ me cash as closing Shall be incififf" at decreosed as may be t&Qw;oed by ►aid poosations. All tefelences In Controet t0 p+ofetaOns as bl as/e Oi closing will earned •'case Of Occupancy" if occupancy Occue► prior to closing, Ia•►► tl.erv�;ae peeped 1 hneln. �}�'� t P (tip m :. CONVCYAateCE: Sauer &hall canvar site* to llta Ptope Oferrfi 67VrCt �: - y tlWuz Only 10 matters contained in Parapoaph V11 haraof and Those nl .;be atcer•tad by Buyer. , OT►+E R 1•G1+1 CIALNTS: No p,;I,, wr p.,t. me rjput'rr„ nl& at fs po. -.crtl..ticnt shell I+c L;rtd:ng woon ony Of the, yarrics herald Ynlrlf IncDepgrelvd in 11.1► Cunt. • ,.:• .. c t i Ira s..,,t. ts+l.r Lti.rS�wai3-21/ A A D D E N D U M CONTRACT FOR SALE AND PURCHASE, DATED raj /9Q j`; 1984. THOMAS A. HOOKER and STEPHEN A. SISKIND OR NOMINEE, Buyer E. LANGDON LAWS, TRUSTEE, Seller 1. The obligation of the Buyer to close hereunder shall be contingent upon the prior satisfaction of all of the following conditions precedent: (a) Final Zoning approval satisfactory to Buyer and not subject to the appeal rights of any person or entity regardless of whether such person or entity is a party hereto. (b) Issuance of building permits by the appropriate authorities satisfactory to the Buyer. (c) Approval by the Buyer of the intended disposition by the appropriate State, County or City authority of that portion of the Public Right of Way which abuts the subject property on its south side. In this regard, in the event that there are any changes in, accretions to, or deletions from, the subject property by virtue of any action or proposed action by any state, county or city governmental authority, then Buyer shall have the right to either (i) approve such action and waive the provisions of this Paragraph with respect thereto in which event Buyer shall complete the Closing without any change in the purchase and sale price hereunder by virtue of such governmental action and Buyer thereby shall take the property subject to all such changes, accretions, and/or deletions; or (ii) elect not to approve such action and waive the provisions of this Paragraph in which event Buyer shall terminate this Agreement, the Closing shall not take place, and the Buyer shall receive a return of all deposit monies, subject, however, to the provisions of Paragraphs 2 and 5 of this Addendum and all other provisions of this Agreement, which effectively provide that if Buyer's election to terminate this agreement and not close hereunder takes place after December 21, 1984, without a similar termination action on or before December 21, 1984, then in such event, Buyer shall not receive a return of the deposit monies hereunder. (d) All approval rights of Buyer under this Paragraph 1 shall be made -and exercised by Buyer in Buyer's sole and absolute discretion which may be given or withheld as Buyer may so determine. 2. Upon the failure of one or more of the above conditions precedent, the Buyer shall have the right but not the obligation to waive the requirement of each such unsatisfied condition precedent, in which event the parties shall proceed with the closing. 85-•343 .. a. A! ` If the Buyer does not waive all the unsatisfied conditions precedent, on or before December 21, 1984, then upon the written demand of the Buyer, this agreement shall terminate, all deposit monies shall be returned to the Buyer and the parties shall have no further obligations hereunder, provided Buyer's demand is made before December 31, 1984. 3. - The deposit in the amount of $25,000.00 made pursuant to the submission of this contract shall be placed in an interest bearing account of the Buyer's choice. Interest earned on such deposit shall accrue to and be paid to the Seller if this contract is closed and the subject property is conveyed to the Buyer. Otherwise, in the event that this contract is terminated and not closed and the deposit is returned to the Buyer, then the interest earned on the deposit shall be paid to the Buyer. 4. Seller agrees to cooperate fully in the submission of any and all governmental applications or approval processes to the extent required by any and all appropriate agencies, provided Buyer, upon its request of Seller for such cooperation, shall promptly furnish to Seller two (2) complete and correct copies of all of Buyer's plans, economic feasibility reports, surveys, as and when same become available. Upon the completion of Closing hereunder, upon request by Buyer, Seller shall return to Buyer all copies of all of Buyer's plans, economic feasibility reports, surveys, and other materials theretofore furnished to Seller. In the event Buyer does not complete the Closing hereunder, as provided in other provisions of this Agreement, then Seller may retain copies of Buyer's plans, economic feasibility reports, surveys and other materials theretofore delivered to Seller by or on behalf of Buyer; provided, however, that in such event Seller, for himself and all successors and assigns, hereby indemnifies and holds Buyer, and all successors and assigns of Buyer, harmless from and against any and all actions, claims, demands, judgments, liabilities, and obligations, including but not limited to litigation costs and reasonable attorney's fees, arising out of or in connection with the retention and/or use of such materials. The foregoing indemnification and hold harmless provision shall survive the Closing hereunder. Seller hereby agrees that the sole use and purpose of Seller in obtaining any and all of the foregoing materials shall be to become familiar with Buyer's development plans with respect to the subject property in connection f: with applications made to or the approval process undertaken in connection with appropriate governmental agencies; provided, however, that upon Buyer's failure to complete the Closing hereunder for any reason, Seller's use of the' foregoing materials shall not be so limited and same thereafter may be used for any t. •lawful purpose by Seller, subject to the foregoing indemnification provision of this Paragraph. 5. In the event that time beyond December 31, 1984, is >' needed to satisfy one or more conditions in Paragraphs . 1(a) , (b) and (c) of this Addendum, and Buyer has not -2- 85--343 - /1911 A* waived, prior to December 21, 1984, Buyer's requirement of such conditions being satisfied, this contract shall terminate on January 1, 1985 unless the Buyer instructs the Escrow Agent to pay the deposit over to Seller, out of escrow, as Seller's own funds not later than December 21, 1984. Upon Buyer's giving such instructions for such payment to Seller, Buyer shall have an additional ninety (90) days in which to close. Thereafter, provided Buyer gives Seller t written notice for a further extension and also provides Seller with a cashier's check in the amount of $15,000.00, on or before March 31, 1985, Buyer may have an additional ninety (90) days in which to close this transaction. If this transaction is not closed on or before June 30, 1985, this agreement shall terminate and the parties shall have no further obligations thereunder. Any and all payments of deposit monies to Seller in accordance with the provisions of this Paragraph shall constitute deposits toward the aggregate purchase price hereunder, and none of same shall constitute or be deemed to be any additions to such purchase price. 6. Seller warrants and represents that there are no tenants whose occupancy shall extend beyond the actual date of Closing, which warranties and representations shall survive the Closing. In this regard, Seller confirms that he has advised Buyer that an existing tenant occupies the subject property under an agreement which provides that such tenant shall be obligated to vacate the property upon ninety (90) days notice from the Seller. Seller and Buyer hereby agree that if Buyer waives all of the conditions precedent set forth in Paragraph 1 of this Addendum or if Buyer fails to waive all unsatified conditions precedent on or before December 21, 1984, thereafter upon the request of Buyer, Seller shall give written notice to the said tenant to vacate the property within the aforesaid ninety (90) day period. Alternatively, if Buyer does not waive all unsatified conditions precedent and if Buyer requests on or before December 21, 1984, that such written notice be given to tenant, such notice to vacate shall be given to such tenant only upon the written consent of Seller which consent may be approved or withheld in Seller s discretion. In any event, Seller represents and warrants that upon the proper giving of such notice to vacate, said tenant shall vacate the subject property and shall have no further interest in or rights to occupy same from and after said required date for vacating the property. Seller hereby indemnifies and holds Buyer = from and against any and all actions, claims, demands, judgments., liabilities and obligations of every nature and wherever situate, including but not limited to litigation costs and attorneys fees, arising out of or -= by virtue of either the Seller or the said tenant failing to strictly abide by the terms and conditions of this Paragraph 6. All of the provisions of this Paragraph 6 shall survive the closing. 7. With respect to the title insurance commitment referred to in Paragraph IV and Title Standard A of - the foregoing Agreement, the parties agree that the title insurance commitment shall be issued by Lawyer's Title Insurance Corporation, a Virginia corporation whose national headquarters are located in Richmond, Virginia. 8. In connection with Special Assessment Liens, the parties hereby agree that any and all improvements which have been substantially completed as of the date of this Agreement and any and all special assessments made prior to the date of this Agreement shall be paid by Seller. All other special assessment liens shall be assumed by Buyer. In this regard, Seller hereby represents and warrants that at no time on or prior to the date of this Agreement did Seller receive any actual or constructive notice of any such actual or pending special assessments for which payment in full has not yet been made by Seller. 9. With respect to risk of loss and property maintenance, as more particularly set forth in Paragraphs P and Q of the Standards for Real Estate Transactions appearing in the foregoing Agreement, the following provisions shall be fully applicable: . (a) In the event that prior to the Closing hereunder there shall arise any natural geological condition pertaining to any portion of the subsurface strata of the subject property, or any man-made condition effected by or at the request of Seller relating to such subsurface strata, any of which would result in the Buyer's intended use of the subject property becoming either impossible or prohibitively expensive, then and in any such event Buyer shall have the right to terminate this Agreement and receive a• return of its deposit monies hereunder. (b) To the extent that there. are any temporary or permanent structures on the property as of the date of execution of this Agreement, same may remain on the property at the Closing or may be removed from the property prior to Closing; and to the extent that any such structures remain on the property at Closing, Buyer shall take such structures in an "as is" condition at the time of Closing. Notwithstanding the foregoing, any and all costs of maintaining and/or removing such structures prior to Closing including but not limited to governmental fines for zoning or other violations pertaining thereto shall be borne by Seller; provided, however, that notice of any such governmental fines and/or other maintenance expenses shall be given by Seller to Buyer as and when same occ.ir. All such costs and financial obligations pertaining to such structures from and after the Closing shall be borne by Buyer. (c) It is hereby agreed that Seller shall have no special duty to maintain the surface of the subject property in any particular condition between the effective date of this Agreement and the Closing hereunder; provided, however, that Seller shall not permit any additional structures, improvements, or materials to be placed on the subject property between the effective date hereof and the Closing hereunder. -4- 85-343 ... Mal r ,j 10. All notices to be sent in accordance with the provisions of the foregoing Agreement and/or this j Addendum shall be made in writing and either be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the party entitled to such notification at the following respective addresses: If to Seller: P ` E. Langdon Laws, Trustee with copy to: John S. Chowning, Esq. Shutts & Bowen Suite 1500 100 Chopin Plaza Miami, Florida 33131 � I If to Buyer: Thomas A. Hooker Stephen A. Siskind 4115 Laguna Street Coral Gables, Florida 33134 with copy to: Lawrence Weiner, Esq. Spieler, Weiner & Spieler Suite 200 4700 Biscayne Boulevard Miami, Florida 33137 The date of any such hand delivery, or the date of the proper mailing, as the case may be, of such notice shall be deemed to be the date of the notice. 0190v/0047B (SEAL) E. LAN ON LAWS, TRUSTEE kL) . (SEAL) PHSISKIND -5- Buyer 85-343 , 11 46 EXHIBIT I CONTRACT FOR SALE AND PURCHASE, DATED , 1984. THOMAS A. HOOKER and STEPHEN A. SISKIND OR NOMINEE, Buyer E. LANGDON LAWS, TRUSTEE, Seller Commence at the Northwest corner of the intersection of Miami Avenue (formerly known as Avenue "D") and Southwest Miami Avenue`Road, as shown on A. L. Knowlton's MAP OF MIAMI, according to the Plat thereof recorded in Plat Book "B" at Page 41, of the Public Records of Dade County, Florida; thence run. Southwesterly along the Northerly side of said Southwest Miami Avenue Road a distance of 150 feet to the'point of beginning; thence Northwesterly at right angles to Southwest Miami Avenue Road to the shore of the Miami River; thence North- easterly along the South shore of the Miami River to a point which is 55.50 feet west of the west right of way line of said Miami Avenue; thence Southerly along a line of 55.50 feet west of and parallel with the west right of way line of Miami Avenue to the northerly side of South- west Miami Avenue Road; thence Southwesterly along the Northerly side of Southwest Miami Avenue Road to the point of beginning. 85--343? z" triLL 1',::D T'E—u ;Ltt'f GFv! :., r.T. • , • MARY BRIM LL I :'.S i I MARY TiRMULL J.AA,,'S, n resident of and domiciled in Dade County, Floridz, being of sound and disposing mind and mefno: y, do hereby tnalka, publish and declare this to be my Last till and Testament, hereby revo?.ang any and all. Wills and Codicils at any -time heretofore mace by me. • ATTICLE I I direct that all my just dab -s 'and funeral expenses be paid as soon as practicable after my decease. ARTICLE 11 ' All of my estate, real, personal and mixed, of whatsoever nature and whereso_ver situated, I give, devise and bequeath to, my Trustee hereinafter named, II\- TRUST NEVEc:- THE LESS, -for, the following uses and purposes: (a) To pay the stn.i of $200.00 per :.^.:J:•ith to Hr,Rn*1.•D TIM,M.kt:, the faithful servant of my taother - and father for so many years, during his lifetitne, as a first charge on the in-- . come of the trust. In the event OR his death during the d'ura- . tion of the Trust or if he should predecease me said $200.00 shall tie disposed of under subdivision (b) hereof. (b)• ' To pay the balance of tha income of the Trust to my husband, E. LANGDON LMWIS, during his l.if etimL . (a) Upon the death of my said husband, E. Langdon taws; or if he choul,d' pn edecease try: the entire net income, less any payments required to be made to Harold Tiernan under subdi- vision (o) herco£, shall be paid to my nephew, WILLIAt•: 0, BRICKZLL, if. tie 11-13 attained the use of twenty-one years, until stick tame a:: he renche s the age or 30 years, nt 01ich time the trust shall •t(1111ninatc And �ha z c.aainir.�, pr_ncipa). to 6. and any 6ndistvibutcd income s11,-111 be poid over to hitn abso- lutely. In the event the caid William 0. Bri.cl:cll is cinder • the age of twenty-one years when the incotne of this Trust be- comes payable to him, the Trustee may pay to such beneficiary . or a parent or his guardian, or expend on his behalf, so much of the net income therefrom, and if n-ccessary so much of the principal as in the judgment of the Trustee is reasonably nec- essary for the comfortable maintenance, education, support and. advancemcnt in life of such beneficiary,' taking in to considera- tion any other source *of income such beneficiary may have within the knowledge. of the Trustee, and may accumulate and- add any surplus income to the principal of the trust. While a beneficiary is under a legal disability, or in the Tru'steess opinion, in any way is incapacitated so as to be • unable to manage his financial affairs, the Trustee may make payments of" income or discretionary payments of principal to . the beneficiary Ly making them directly to him or .to a relative or friand of the beneficiary for his or her benefit, or in such other manner as the Trustee deems best for the benefit of the beneficiary. ARTICLE III ► In the event that any beneficiary hereunder and I or any other person upon whose death such•beneficiary shall become entitled to receive either income or principal hereunder shall die in a cbmmon-accident or disaster or under such circumstances that it is difficult or impracticable to determine who survived the other, • then I direct that such beneficiary shall be deemed to have predeceased me or such other person. ARTICLE IV I authorize and empower my exacutor and trustee to retail .any asset which I may own at the time of any death, to "2" 2Y 85--343. contract for the sale of, to sell, convey, exchnnc;e, mortgage, lease' or othert'risc dispose of, all or any part of my property, real, personal or mixed, either at public or private sale, for such prices and upon such terins and in such manner as he or it shall deem' advisable, without the necessity of applying to any court for leave so to do, and to receive•the proceeds, rents, . issues, income and profits therefrom; to register securities in the na ma of a nominee; to invest and reinvest any• part of • the proceeds from my estate in such manner and -in such securities - and property, real or personal, as he or it shall deem advisable, c • including any common trust fund, and to make, execute and de- liver all the necessary or proper instruments to accomplish any or all of such objects; and to liquidate or compromise • any and all claims due'. to or by my estate for' such amounts } and upon such terms and in such manner as he or it shall deem . advisablet and to distribute in cash or in kind, or partly in cash and partly in kind as he or it may deem advisable. I . authorize my Executor to join with my husband in' filing tax . returns covering the year in which I die, and to pay any taxes due thereon. •• ARTICLE V ' h •-I nominate, constitute and appoint as Executor and ..Trustee under .this my Last 11ill and Testament, my husband, E. .1,VIGUON LAWS, to serve without bond. In the event my said z husband should predecease me, fail to qualify or for any reason cease to act, then •I nominate., constitute and appoint as Executor and Trustee hereunder THE FIRST I-LATIOM-kL BANK Or u¢ MAI.II , Miami, Florida. • In proceedings under Chapter 737, Florida' Statutes, r t 2f _ 8 3 •4. V V4 — j to qualify my Trustee, I specir-icall•y waive notice to atut • service of procass upon all the beneficiaries of the trust • created by this Will j • IN 14'ITi\CSS WHEREOF, I have hereunto set my hand and seal to this r�1y Iasi �•lill and Testament, this day 1962. AN Testa Irl.`t • The foregoing instrument was signed, sealed, pub- • fished and declared by the said MRY BRICI.ELL LAWS, as and for her Last Will and Testament, in the presence of us and each of us, who at her request, in her presence and in the presence of each other, have hereunto, subscribed.our names as witnesses this r day of 1962. • �2Z _�.., •�r . r.tL RESIDING AT /4,l 3 /) ):- a AlLe.7; �- .'24.::./t / RESIDING AT c� -Z % / :� ••C:.: c// f /- ' . .� •_mot.:-c.� RESIDING AT J 7ac.-�L/1�i'.r,.. d-�7'` • ' • :..�._ - of • • � . S �''• . Filed and Recorded In • ••' Probate Record this. : '' •'`•� '. Clerk, County Jud'• ' s Court �% • St3t3 of Flo, ids " County rf 0. d ,h;rc.i�y C:.: ti(� tl,1: iiocument «4.. a true copy of t1r_ O;iri,»I _ µ r. Witncss my I; nod nn100 h .iil Scil, • .,' TIii: j �C 1 %/ 'p. — • C �J\/�J/ J.:�t•J1M G• till • 85-343- fit. JF 301 a t _ — WE MOLPF. E. r. EM- 7C WIM, January 14, 1985 Mr. Langdon Laws, Trustee 3570 South Moorings Way Miami, FL 33133 Dear Mr. Laws: HOOKER & SISKIND SUBDIVISION - TENTATIVE PLAT #1248 The City of Miami Plat and Street Committee, at its meeting of January 9, 1985, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. -Public hearing for approval to close right-of-way. -Correct zoning reference - SPI-7 -Correct legal descriptions - P.O.B. and include right of way to be closed. -Owners name & address. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights -of -way when property is.platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the.. property being platted. Page 1 of 2 _no-lrt*v( 85-343� . ... V . . Mr. E. Langdon Laws January 14, 1985 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained frocn the Fire, Rescue and Inspection Services Department prior to the issuance of a building permit. 5• Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one ( 1 ) year from the date of the Plat and Street Committee Meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, i eorge ampbell,�J , P ': Chairman Plat & Stlreet C minittee GVC:rj Enclosure: Contact Sheet cc: E. R. Brownell & Associates Plat and Street Committee Members File Page 2 of 2 ..... I -- _{' y1 1: i:4 ^ r Mr. E. Langdon Laws January 14, 1985 4 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision ,`. improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire, Rescue and Inspection Services Department prior to the issuance of a building permit. 5• Additional items must be provided to the City of Miami p Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year from } the date of the Plat and Street Committee Meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, -7 eorge aspbellVreet Jl^. , F� Chairman, Plat & S C minittee GVC: rj Am k> Enclosure: Contact Sheet cc: ER. Brownell & 'Associates Plat and Street Committee Members File Page 2 of 2 r VV-V 43-� V� PLAN-' ' MEMORANDUNA ," 14L , Q • ° Clarance Patterson n.%rs: January 10, 1985 Assistant City Manager SuiJECT Scheduling of Platting for Hooker/Siskind Office Building Project c�0�• l.�/ (i `^...v�G i ���,�: U /� REFERENCES. Donald W. Cather Director of Public Works In response to your request, we have reviewed the letter from Mr. Traurig concerning the schedule for platting for the Hooker/Siskind Office Building Project. The tentative plat for. the project site was submitted to the Department on December 21, 1984. The Plat and Street Committee recommended approval of the plat on January 9, 1985, subject to the public hearings for closure of a portion of the right of way of S. W. South River Drive adjacent to the Miami Avenue Bridge. If the owner submits his application for public hearing for street closure by the close of business January 11, 1985, he may be placed on the agenda for the Zoning Board Meeting of February 11, 1985. The schedule for the remainder of the platting process would be as follows: City Commission approval of Street Closure City Commission approval of final plat Submit final plat to County for processing March 28, 1985 April 25, 1985 May 9, 1985 The recording of the final plat is a function of Dade County and cannot be scheduled through this Department. The dates given above are the shortest time frame, and depend on the applicant meeting deadlines for submission of necessary information and documentation. GVC: rj ' cc: Walter Pierce, Asst. City Manager Aurelio Perez-Lugones, Director Planning and Zoning Boards Administration 85-343 2c? ' • LAW OFFICES `, GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF, ROSEN 8c OUENTEL, P. A. LINDA KOOBRICK ADLER LAWRENCE S. GORDON MICHAEL O. ALS[NTINE MATTHEW B_ GORSON BYRON G. PETERSEN AMBLER M. MQSS. JR, CESAR L. ALVAREZ MELVIN N. GREENBERG ALBERT D. OUENTEL 2ACHARY H. WOLrr RUDOLPH r ARAGON MARILYN D. GREENBLATT GALE S. R[CINELLA RICMARO A. APKIN ROBERT L. GROSSMAN NICHOLAS ROCKWELL Or COUNSEL REUSIN O D. ASKEW GARY M. HELD MARTIN S. POSEN HILARIE BASS LARRY J. HOrrMAN RONALD M. ROSENGARTEN BRICKELL CONCOUPS NORMAN J BENrpRO ARNOLD M. JAFPZE DAVID L. ROSS 1401 BRICKELL AVENUE MARK O. BLOOM MARTIN KALE DAVID P. ROWE MIAM1. A 33131 BURT BRUTON ROBEPT A. KAPLAN STEVEN T. SAMILJAN T[L9p"OEPMONCS I. STEVE BULLOCK TIMOTHY C. Otis" CLIrrORO A. SCHULMAN MIAMI (305) 579.0500 ROBERT It. BURLINGTON ALAN R. CHASE ALAN B. KOSLOW STEVEN J. KRAVITZ MARK SCMWIMMER MARTIN B. SHAPIRO BROWARO (305) 523•Sill SUE M. COBB STEVEN A. LANOY MARLENE K. SILVEPMAN T[LE% 80.3124 KENDALL B. COrrET STEVEN B. LAPIDUS STUART H. SINGER T[LECOPY (305) 579.0716 MARK B DAVIS ALAN S. L[OERMAN TIMOTHY A. SMITH RAFACL O. DIAE LAWRENCE B. LEw OANIEL A. SUCMMAN 340 CLEMATIS STREET At -AN T. DIMOND NORMAN M. LIPOrr NERB[RT M. SUSKIN WEST PALM BEACH. rLOPIOA 33401 CHARLES W EDGAR. $ GARY O. LIPSON VOLANOA MELLON TARAFA (3C5) 659.6333 GARY M. EPSTEIN CARLOS C. LOUMIET CAROLYN J. THOMAS THOMAS K. EOU[LS JUAN P. LOUMIET ROBERT H. TRAURIG RICHARD G. GARRETT DEBBIE RUTH MALINSKY STANLEY H. WAKSHLAG WRITER'S O.RECT NO: DAVID J GAYNOR GREGORY A. MARTIN JONATHAN H. WARNER LAWRENCE GODOrSKY PEDRO A. MARTIN OAVIO M. WELLS 579-0'�0 ALAN S. GOLO ALAN M. MITCHEL JULIE A. S. WILLIAMSON HARVEY A. GOLDMAN ALICIA M. MORALES JERROLD A. WISH J!. STEVEN E. GOLDMAN LOU16 NOSTRO C= Z_ STEVEN M. GOLDSMITH ANTHONY J. O*OONNELL. JR. rn T December 11, 1984 N n � rn L. 0' e1 CP Mr. Walter Pierce w �' cc r^-: Assistant City Manager City of Miami, Florida 3500 Pan American Way (Dinner Key) Miami, Florida 33133 Re: Hooker/Siskind Office Building Project Dear Mr. Pierce: This office represents the owners of property in the area of S. E. 5th Street, West of South Miami Avenue, who are anxious to effectuate a street closure and replat of same as expeditiously as possible. Two scenarios of action are as follows: Preferred Alternate Action Date Date Submit tentative plat to Depart- ment of Public Works 12/21/84 Meet with Plat and Street Committee 1/9/85 Submit Petition for Street Clos- ing 1/10/85 Meet with Planning Advisory Board 1/21/85 2/4/85, Meet with City Commission re: Street Closure 2/28/85 3/28/85 85-343. W A • .. 4.1 -�- w�. 1 Mr. Walter Pierce Page 2 December 11, 1984 Meet with City Commission re: final Plat approval 3/14/85 4/11/85 Submit final Plat to County for processing 3/21/85 4/22/85 Recording of Plat 4/1/85 5/13/85 We have been advised by representatives of the City that the alternate dates represent the normal time intervals for a street closure and replat, but that the earlier dates are achievable. Since time is of the essence, we would appre- ciate the more expeditious procedure, if it can be accomplished. Would you please advise us if that is possible. Very truly yours, ROBERT H. TRAURIG RHT/blr cc: Hooker/Siskind & Associates