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HomeMy WebLinkAboutApplication & Supp Docs• 'Op BERCOW & RADELL .ZON I N [3, LAN LJ V5E AND e v ptONNI EN TA L- LAW Direct: 305-377-6235 ' E-Mail: $Femandez@BRZoninglaw.corn VIA HAND DELIVERY December 4, 20Q3 Ms. Teresita Fernandez RA AICP Executive Secretary Planning & Zoning Department Hearing Boards Division City of Miami Riverside Center 441. SW 2nd Avenue, 7th Floor Miami, Florida 33130 RE: 5100 NW 7th Street - Comprehensive Neighborhood Plan Amendment and Rezoning Dear Ms. Fernandez: This law firm represents Cedars Oil Blue Lagoon, LLC (the "Applicant") with respect to the referenced property. The Applicant is requesting a land use change and district boundary zoning change to Restricted Commercial. Approval of this application would bring the existing legal nonconforming service station on the property into conformity with both the Comprehensive Neighborhood Plan and the City of Miami Zoning Ordinance. The Property. The property is located at the southeast intersection of NW 7th Street, a major commercial and transportation corridor, and NW 51st Avenue. Currently, the property is designated High -Density Multifamily Residential and zoned R-4 Multifamily High Density Residential, notwithstanding the fact that it has been developed with a service station for years. The existing service station provides a much -needed service to the immediate area, which is developed with a significant amount of medium and high -density residential apartment buildings. WACHOVIA FINANCIAL CENTER • 200 SOIJ1 -I BISCAYNE BOI,JLEVARD, SUITE 850 • M1Altitt, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • • • • Ms. Teresita Fernandez RA AICP December 4, 2003 Page 2 Land Use and Rezoning. The applicant is requesting a Comprehensive Neighborhood Plan Amendment and a Rezoning to Restricted Commercial in order to bring the existing service station into conformity with the City of Miami Comprehensive Neighborhood Plan and the City of Miami Zoning Ordinance. The majority of the properties that are developed with commercial uses along NW 7th Street are designated and zoned Restricted Commercial. Accordingly, the applicant's request is both consistent and compatible with the surrounding area. In addition, approval of this application will allow the owner to apply for the necessary permits in order to modernize the service station, which requires modifications to the existing canopy and the convenience store. For all of the foregoing reasons, the applicant requests the Depai tment's favorable review and recommendations. Should you require additional information, please do not hesitate to contact me. BF/bi Enclosures S' ely, Ben Fernandez i BERCOW & RADELL xpm.m0, }wf4 Ulf! amp ■,aV.Apm MYmT.AL L. ,* • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 Fax 305-416-2035 PUBLIC HEARING APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 5:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt must be submitted. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. Power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department. Rev. 09/29/03 • • This complete application should be reviewed and initialed by the Planning and Zoning designee prior to submittal. 2. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 3. Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 4. This petition is proposed by: ❑ Planning and Zoning Department D Other, please specify Ben Fernandez, Esq. on behalf of Cedars Oil Blue Lagoon, LLC. 5. The subject property is located at: 5100 NW 7th Street Folio number: 01-4106-091-0010 AND MORE PARTICULARLY DESCRIBED AS: Lot 1, 2, and 3, Block 1, of the "Winter Subdivision," according to the Plat thereof, as recorded in Plat Book 85, Page 60, of the Public Records of Miami -Dade County, Florida Rev. 09/29/03 2 • 6. The undersigned, being the owner or the representative of the owner of the subject property, do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: Multi Family High Density TO: Restricted Commercial 7. What is the purpose of this application? To allow the rezoning of the property to restricted Commercial and thereby make the existing legal nonconforming service station conform to the land use designation and zoning district. 8. What is the acreage of the project/property site? Approximately 0.70 acres 9. Has the designation of this property been changed in the last year? If so, when? No. 10. Do you own any other property within 200 feet of the subject property? No. If yes, has the property been granted a change in plan designation within the last year? 11. Have you made a companion application for a change of zoning? Yes. 12. Have you filed a(n): ■ Affidavit of ownership? Yes. Disclosure of ownership form? Yes. • List of owners of property within 500 feet of the subject property? Yes. If not, please supply them. 13. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) No. 14. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) No. 15. Please submit a statement indicating why you think the existing plan designation is inappropriate. The existing service station an the property is inconsistent with the current designation. Rev. 09/29/03 3 16. Please submit a sta•ent justifying your request to the Quested plan designation change. The existing service station on the property is a legal grandfathered use that is compatible with NW 7th Street and provides an added service to area residents. The proposed designation would make the use consistent with the Comprehensive Neighborhood Plan. 17. All documents, reports, studies, exhibits (8 Y2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 18. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 19. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high -density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 Signature Address 200 S. Biscayne Blvd., # 850 Name Ben Fernandez, Esq. Miami, FL 33131 Telephone 305-377-6235 Date December , 2003 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December 2003, by Ben Fernandez of Bercow & Radell, P.A. a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Scam �.} BETTY LLERENA MY COMMISSION, Oa 095997 EXPIRES: February 27. Foos 1-8003-NOTARY FL Notary Sei,itcm n r ; Ific_ Rev. 09/29/03 • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez, Esq., who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, 0 including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 305-377-6235. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Ben Fernandez Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this '" day of December, 2003, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Cedars Oil Blue Lagoon, LLC. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BE1T°1 LLERENA Y COMM!SSSON # Qfl t 35997 EXPIRES: Fetwoary 27, 2O .rrt� i FL. Now/ Se vice & SOnding, Inc. S Rev. 09/29/03 5 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: See attached Exhibit "A". 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code 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, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name Cedars Oil Blue Lagoon LLC. (Abdala Kalil 100%) Mailing Address 5100 NW 7th Street Zip Code 33126 Telephone Number 305-377-6235 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Ben Fernandez, Esq. Legal De cription Owner or Attorney for Owner Name Owner or Attorney for owner Si STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December, 2003, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Cedars Oil Blue Lagoon, LLC. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 09/29/03 £Erry LLERENA Y COMMISSION # DD 095997 EXPIRES: February27, 2005 �t ^r....Y : Nc;ay S:rvi & Borsding. Inc 6 • EX7S77NG CHEVRON / / 20' ALLEY LOCATION MAP- NOT TO SCALE BOUNDARY SURVEY LOT 7, 2 AND 3, BLOCK 1 PLAT BOOK 85, PAGE 60 "WINTER SUBD/ V/S/ON" DADS COUNTY, FLORIDA. LEGAL DESCRIPTION: O1, 2 AND 3, BLOCK 1, WINTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN LA T BOOK 85, PAGE 60 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH THE REVERSIONARY TITLE AND INTEREST OF THE GRANTORS IN AND TO THE ALLEY ABUTTING 77-IE SOUTH BOUNDARY LINE OF THE SUBJECT PROPERTY. SURVEYOR'S NOTES: 1 NO ATTEMPT WAS MADE BY THIS FIRM TO LOCATE UNDERGROUND UT7LIT7ES ON/OR ADJACENT TO THIS SITE. THE APPROXIMATE LOCATION OF ALL UTILITIES SHOWN HEREON WERE TAKEN FROM AS -BUILT DRAWINGS AND/OR ON -SITE LOCATION AND SHOULD 8E VERIFIED 13EFORE CONSTRUCTION 2. NO ATTEMPT WAS MADE BY THIS FIRM TO LOCATE UNDERGROUND FOOTINGS OF SUIL DINGS OR FENCES ON OR ADJACENT TO THIS SITE. 3. LANDS SHOWN HEREON WERE SURVEYED IN ACCORDANCE WITH ATTORNEYS' TITLE INSURANCE FUND, INC., PRELIMINARY TITLE POLICY /01--00-10726, DATED MAY 01, 2000 AT 11:00 P.M_ 4. BEARINGS SHOWN HEREON REFER TO AN ASSUMED MERID/AN OF S.90.0000E ALONG THE SOUTH RIGHT OF WAY LINE OF NW 7T H. STREET 5_ LEGAL DESCRIPTION FURN/SED BY CLIENT DEC-3-2003 01: f4P FROM: TO:3053776222 P:2'13 • • STATE OF FLORIDA COUNTY OF MtAMJ-DADE RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: Row M•POMOraila,FA Salts 201E. Est $utfding t90G Corppr-r Ord Rom Raton, FL 33411 Attu: Rorer M. Pr CS, Eng. SPECIAL WARRANTY DEED 1I1III1I1I I1111I1011IIIII100i I11111111 flit CFt1 20033RO7397 3 OR 8k 21710 fps 1061 - 1072; Inns RECDRDED 1010312003 10:Mi=2i DEED DOC TAX 5,250.00 SURTAX 3437.50 937.5€7 HARVEY ► UM, CLERK OF COURT ram-DADE COUNTY, FLORIDA #47587 For value received, CHEVRON U.S.A. INC., a Penania corporation, use address is 2300 Windy Ridge Parkway, Suite Si i, Atlanta, Georgia 30339, herterfler referred to as `Grantor", grants to CEDA- OIL BLUE LAGOON, LLC., a Florida Limited Llabaily Company, hereafter refener ,to es °Grange', al that real property sllvata in the City of Miami, County of mi-Dade, State of Florida, described as follows; SEE SCHEDULE "A" ATTACHED HERETO AND IN •RPORATEL7 HEREIN BY THIS REFERENCE (THE "PROPERTY") This conveyance and any ► arranty containe liens for property taxes and assessments that are r matters shown in the public records of Miarei-Dade matters that can be ascertained by a reasonable i C:iwirtiovorrnana‘Warrarny Deed.do heroin are subject to (a) due and payable, (b) all �urtty, Florida, and (c) all peclion or Survey or tne ce: DE=C-3-2003 01:05P FROM: TO:3653776222 P:3'13 • • Property. This conveyance Is made without an 'expressed or implied warranty as to the suitabIllty of the Properly for any purpose", GRANTOR HEREBY RESERVES TO ITSEL , ITS SUCCESSORS AND ASSIGNS, AND GRANTEE HEREBY G ITS TO GRANTOR, ITS SUCCESSORS AND ASSIGNS, THE EXCLUSIV AND IRREVOCABLE RIGHT AND OPTION TO PURCHASE FROM GRAN TEE, OR .ANY SUBSEQUENT OWNER, OR LESSEE, ANY LEASEHOLD ANTOR FEE REAL PROPERTY MAKING UP THE. PROPERTY, INCLUDING A { FAR ACQUIRED FEE REAL PROPERTY AND/OR LEASEHOLD RELATED lb THE SERVICE STATION BUSINESS, TOGETHER Wriii ALL BUILDING$ NO IMPROVEMENTS NOW OR HEREAFTER MADE APPURTENANT THERTO, INCLUDING, WITHOUT LIMITATION, ALL RIGHT, TR LE AND INTERE "T OF GRANTEE, OR ANY SUBSEQUENT OWNER, IN AND TO ALL STREETS, ROADS AND PUBLIC PLACES, OPENED on PROPOSED, AND ALL EtSEMENTS AND RIGHT-OF- WAY(S), PUBLIC OR PRIVATE, NOYW Of HEREAFTER USED IN CONNECTION WITH SAID PROPERTY, HEREIN,FTER COLLECTIVELY THE "OPTION PROPERTY`. IN ACCORDANCE Wl THE FOLLOWING TERMS AND CONDITI ONS. 1. Option Event. If at any time during the ten (10) year period following the date of recordation of this Deed in tl 0 public records,,, the Option r Properly ceases to be €sad as a service station ooinuously offering for sale all grades of Chevron branded gasolines that are typi lly offered for sale at other Chevron, branded motor fuel retail outlets in tvtiarriI ode County, Florida, and surrounding counties, (the 'Option Event") then lr7tor, or Its nominee, shall have the right, but not the Obligation, to purchas the Option Property from Grantee or, if Grantee no longer owns the Option P ;perty, from any subsequent owner of the Option Property ("Subsequent r") under the terms and condttiona hereof. rxieo. ,�7r a Bit*• LLC t►� msr +r�a,ramy 2 r C-2-200.3 7UE .03:3£I'rt ID: PAZ:: 3 DEC-3-2003 01:05P FROM: TO:3053776222 P:4'13 • 2. Option The option price sha 6e the fair market value of the Option Property as a service station determined a the tarno of the Option Event, as determined by an appraiser who is a me e r of the Appraisers Institute selected by Grantor and approved by Grariteer Subsequent Owner, which approval shalt not be unreasonably withheld, cord or delayed, 3. Appraisal. Upon occurrence of re Option Event, Grantee or Subsequent Owner shall immediately notify Grantor in writing of such occurrence. Following the occurrence of the Op i Event, but In no event more than nicety (90) days following Grantor's receipt written notice of the Option Event, Grantor may notify C rantr a or the Subse l' q � ant Owner of Grantor's intent to have the Option Property appraised by a designated appraiser. Grantee or the Subsequent Owner shall approve or dlsappr of Grantor's designated appraiser within thirty (30) days Ater receiving notice of Grantor's intent to obtain an appraisal, and shall cooperate with any such a Oraisal efforts. The failure of Grantee or Subsequent Owner to approve or disahrove of an appraiser within thirty (30) day period shall such thi be deemed to lie approval of the appraiser. Grantor shall bear the cost of such appraisal and r . all deliver to Grantee or the Subsequent Owner a copy of ail reports resulting such appraisal. Ei 4. Properly A Qssment, At any time Mier the Option Event but before the expiration cf the option hereunder, G rtor shall have the right to enter upon the Option Property for the purpose of raising an assessment of the condition of the Option Property and any environmental contamination that may be Dated on tho Option Property; provided that an such assessment shall be made in a manner so as to minimize interference vl- h normal operations on the Option Property, Grantor and Grantee shall i 3cmnlfy, defend and hold harmless each other or the Subsequent Owner against any personal injury or property damage directly caused by Grantor ar its ntractors or employees in making any such assessment, but not includin indirect or consequential damages. iiErgil cfoc A W A c zx c *4 7 CAPCin ar Mu, Dorsi. 3 DEC-2-2M TLE C3at3 PM ID: PAGE: 4 DC-3-2003 01:05P FROM: TD:3053776222 P:5'13 � 5. Exercise of Option. Within forty -ore (45) days after Grantor's receipt of the appraisal referred to in Section 3 ataove, Grantor may exercise its option hereunder to purchase the Option Prop rty at the appraised value by giving written notice to Grantee or the Subsegti tit Owner of Grantors Intent to exerclse. If Grantor exercises this option, Graeae or the Subsequent Owner shalt be obligated to sell the Option Property t `Grantor-arrd Grantor shall be obligated to purchase the Option Property in accordance herewith. The dosing of such sale shall occur as soon after exen ise as Gs reasonably practical. fi. Conveyanc , It Grantor exercises this option, Grantee or the Subsequent Owner shalt convey the Option Property to Grantor by means of a special wananty deed, free and clear of all liens, Incumbrances, claims or other exceptions to title, except (i) those as to which Grantee took subject to upon acquiring the Option Property hereunder (exctudin the option hereunder) and (ii) any easements granted by Grantee or Subsea Izt Omer with Grantor's prior written approval, whist approval shall not unreaztably be withheld by Grantor. In the event of any such conveyance back to G `rftor, the reservations of rights set forth in this Deed In favor of Grantor shall be extinguished upon the recordation of the deed of conveyance to Grantor`', and the reservation of rights shall thereafter be of no force and effect and v ithvut the requirement of the recordation cif any further Instruments to evidence ,aid extinguishment. N- 7. Indemnity. Agreement. if Grantor ex;rLises this option, Grano or the Subsequent Owner shag, by written agr-eerrnt in a form satisfactory to Grantor, agree to protect, indemnity, defend and tpld harmless Grantor against all claims, expenses (Including reasonable alto eys' fees), loss and liability resutting from or relating to environmental oontarnh tton located on or originating from operations at the Option Property that may our on or after the date of this Deed on the same terms set forth in Paragraph 7 'of that certain Purc mne and Sale Agreement between Grantor and Grantee dat!Ci April 22, 2003 applicable to � W Adanb tPraQwty�FiD6221 1W r5sr - C. rS vet BU t# *et LW ich2�21 F 'r r l) Warranty 4 DEC-2-eU3 TUE 03:30PM ID: PAGE: 5 DEC-3--2003 01:06P FROM: • <r V L+ ..i+ca.a y •+ • ....•+ TQ:3053776222 P:6'13 • • • Grantor's obigation to Glenn up and indemn Grantee �ritamiriation located on or originating from for environmental at the Option propert;r prior to The date of this Decd. 8.ratign_ This option staffl exp'T if an Option Event has not occurred within ten 10 ( ) years following the dOe of this Deed without tho requirement of the recordation of any further inOruments to evidence such explt rtion. tf Grantee or the Subsequent Owner gives ranter written notice of the occurrence of an Option Event (the 'Option Event f otic , then this option shalt also expire ff: (a) Grantor does not, within forty-five (45) Option Event Notice, notify Grantee or tha �. writing of Grantor's r sire to consider exe r (b) Grantor does not, within forty-five (4 days after Grantor receives an appraissi of the Option Prope from an approved appraiser following Grantor's giving of the '1otice referred to in section 3 above, notify Grantee or the Subseqiant Owner in writing of Grantor's intent to exercise this option. Following any such expiration of this option fol4wing the occurrence of an Option Event, Grantor shall execute and deliver such iri irumertt or document as Grantee or the Subsequent Owner mayreasonabf � � request onci prepare to evidence such expiration. uyisMoamSRroQ ty\ aridat2�D3 475&i - Ceders Cle 5Ive jU 0" � Y Deea.arx �� 5 DEC-E-PP3 TUE e3 : 31 P11 1D: PAGE :6 DEC-3-2003 01:06P FROM: • TO:3053776 22 P:7,13 • • • 9. Qptlon Runs With .ar,d. This option shah run with the lend, is not personal to Grantee, and shall survive futu conveyances of the Option Property, GRANTOR HERESY FURTHER RE1RVES TO ITSELF, ITS SUCCESSORS AND ASSIGNS, AND GRANTEE HEREBY GRANTS TO GRANTOR, ITS SUCCESSORS AND ASSIG , THE. EXCLUSIVE AND IRREVOCABLE RIGHT OF FIRST REFUS TO PURCHASE FROM GRANTEE, OR ANY SUBSEQUENT OWNER, A LEASEHOLD AND/OR FEE REAL PROPERTY MAKING UP THE PRO RTY, INCLUDING AFTER ACQUIRED FEE REAL PROPERTY AND/OR L080-1O1.115 RELATED TO THE SERVICE STATION BUSINESS, TOGETHE�k WFTH ALL BUILDINGS AND IMPROVEMENTS NOW OR HEREAFTER LOC `,TED ON THE PROPERTY, ALL PRIVILEGES AND OTHER RIGKTS NOW OR HEREAFTER MADE APPURTENANT THERETO. INCLUDING, WI11H0t7T LIMITATION, ALL RIGHT, TITLE AND INTEREST OF BUYER, OR ANY SUeSEQUENT OWNER, IN AND I I TO ALL STREETS, ROADS AND PI.iBL.IG PLACE, OPENED OR PROPOSED, AND ALL EASEMENTS AND RIGHT(S)-OF-WAY, PUBLIC OR PRIVATE, NOW OR HEREAFTER USED IN CONNECTION ?WITH SAID PROPERTY, HEREINAFTER OOLLECTIVELY THE 'FIRST EFUSAL PROPERTY", IN ACCORDANCE WITH THE FOLLOWING TERMS ': D CONDITIONS; 1, Offer to Sall. If at any time wfthirt ter 10) years ft liowtng the date of this Deed, Grantee desires to sell or otherwise vier all or part of its livered in the First Refusal Property and Grantee receives ' bona fide offer for the same which Grantee uashes to accept, or Grantee has r�rrade a bona fide offer to sell which a third party acting in good faith is with 0 to accept, Grantee shall immediately notify Grantor in writing of the terms hereof and provide Grantor with a complete copy of the executed written ag ement or other documents embodying such offer which contain all of the terry ,and conciltione between the parties, with no material terms yet to be negotiateit'f together with copies of all Ct ..ko iianta� iorittgem i ohriw - Cvdae aI Dal u +tln,1.1X cliftrtigt Rarnmarrkworranty Doedskc DEC-2-2M,3 TIE 03:3iPM ID: PRGE : 7 D C-3-2003 01:06P FROM: 1/10.L/.c ti iz;LD JG:.iW/fVV.i.' TO:3053776E 2 P:8'13 • • information regarding the First Refusal Pro ;y supplied to the offeror by Grantee. '3f 2. Exercise of Aioht. Grantor, or its i�minee, shall have the right to acquire such interest of Grantee at the price and on the terms of such offer if Grantor, within forty-five (45) days after Grantoi4 receipt of such written notice from Grantee of any such offer, notifies Grantee in writing -of Grantor's exercise of such option. If Grantor exercises such t, the transaction shall be s E consummated within thirty (30) days after derive 'to Grantee of Grantees notice of exercise er -at such later date as may be led In the offer and Grantee shall, prior to such date and at Grantee's experrse, do ail things necessary or desirable in order to give Grantor title to the Irate being acquired free from the claims of Grantee's creditors. In the event of a c anftict between the terms and conditions of any such offer made or received Grantee as to the sale and purchase of the First Refusal Property and the i s and conditions of the right of first refusal reserved to Grantor in this Deed, terms and conditions of the right of first refusal reserved to Grantor in this De;shall control. 3. Property Assesemtril. At any time during such 45-day period Grantor shall have the right to enter upon the first Refusal Property for the purpose of making an assessment of the oondon at the Property and any environmental contamination that may be Foc ated on the Property; provided that any such amassment shall be ode in a manner so as to minimize interference with normal operation ;on the Premises. Grantor shall indemnify, defend and hold harmless Gt'3nte# against any personal injury or property damage directly caused by Grantor or Its contractors or employees in making any such assessment, brat not including Indirect or conesquentiai damages. 4. Gornjetion of Sale. ff Grantor d s not exercise such right, Grantee may, at any time within twelve (12) rnon 1a after the expiration of such DAC' 7557 - O'zre Oil Eiue L RtesurdDWOMWIty beectcbc DEC-2- I TUE 03:31PM ID: PA-C: A DEC-3-2003 01:06P FROM: T©: 3053776222 P:9'13 s s.nA6,. r s 3 f r?y-trteo (4s) day period, but no merest, tut only to the or mf �rEtevi* "sk hereunder of the der .� dat alp exe a ai contklue to apply -lta bs, re his is ert owned ance herewith, to be n ���,th� ae :::5s' RrUpQry �Gall oP�a � � r°P�►rty � a third Person market valve of the offer to pumhaae property offered in e�cchange or price Net to the fair r : R AS With Land. ""h is right of fire/ refusal Malt run with the fanct, is not personal to Grantee, and shal4urvive future cat the First Refusal Property, conveyances NOTICES: All written notices to be given hereurnier, sha.ft be poled by certified mail, deliverer Panty or delivered by! a necognlzsd overnight commercial courier, to Grantee or the Subsequent 0,,61 r at the Property or to Grantor at the fotlowlno addres (or at such other rats as Gr<arrtor may designate by written notice to Grantee or the SubsequerOwnar): GRANT E. Cedars Civil Blue Lagoon, Ll-C N 510o f' 7e' Street Attu A la Katit GRANTOR: Chevron U.S.A. Inc. P.O. Box 1706 Atlanta, GA 30301 Attn: Retail Team Leader TO HAVE ANt) TO HOLD the Promny, der! with all and singular the fights and eipP'JtteiaanMs th9r9Ontio in anywise b ing, unto Grantee, Its stronsors and assigns. forever ilkFEE SIMPL E f ACT TO THE RESIRC1)ON HEREBY *POSED, wl is hereby d glared to run perpetJalty weal tie Ply ard whet TranteeCtinSerliEand coven ntstoobeeive and keep, narrely,matPrvpotl` r� not to used as a site fare residential, Via ! a! or ; Y _ Gas tx► 66w Lqras, rLc Nitchwo Frunre+ana►+arra � B DEC-2-2003 TUE 03:31Pn ID: PAGE:9 DEC-3-2003 01:07P FROM: TO:3053776222 P:10/13 °'nL 1 IN • • • vital pu poses, and no potable wells may be installed and/or utilized on the Property, AND THF SAID Grantor does hereby bind It, its successors end assigns, to warrant and forever defend, all and singular, the,Property unto Grantee, tts successors and assigns, against every person wig' r lavrtully claiming or to claim the same or any part thereof, by, throus", or under Grantor, but not otherwise, subject, however, to the matters set forth l'rereln. By Grantee's acceptance cif this Deed, Gran te accepts and agrees to ail of the matters set forth in this Deed. ;. IN WITNESS WHEREOF, the parties have paused the execution of this Instrument on S E'P it ! q 20 attire of W"rmess J c __r n,, d 4. t4,4,,, Prprted Name of Witness Signature of WitnesS VI C l ery- - . Printed Name at Witness Ft l: CliOirRON U.S.A. INC., a P 1►i►+'r1i c rporation Nam : Kristen F. Clever Its: istant Se 7,0 D 7s87 - c. , cry s LLC {kr, m r r 9 DEC-2-2003 N 23:32PM ID: PE:10 DEC-3-2003 01:07P FROM: !I OS tit TD : 3053776222 P:11'13 rF1t7 . 11 • • THE STATE OF GEORGIA COUNTY OF COBB l HEREBY CERTIFY that, an this day b,1o6 me, an officer duly qualified tr. take acknowledgments, personally appeared Kristen F. Cever, as Assistant Secretary, of CHEVRON U.S.A. INC,, a Peripsytvania corporation, who is personally known to me and who Zlickiid not ( e one) take an oath, and who executed the foregoing instrument and acianowl4s i befor me that he executed the same for the puns set forth thorein. WITNESS my hand and seal In the court artci state fast aforesaid this /OK day of '' , 2003. Pr rim Name o--71272Wat.--4—trioss a Ire Signatul of Notary Public Printed Name of§notary Public 1' Notary Prs , Chiron.* G ty. My Commissic n xpires:. ry c Vr= Arne 18. 200.5, E: C£ tARS OIL BLUE LAGOON, LL a Florida Limited Liability /1(i , Ra-,VAtit Its ; r 19.71. Jr A:1CMALAW At 1Prnofr Ror+aa\2002NRC*S7587 , Callus G!f E346 La on, u.0 Mrhaot FiarrrnaPftrrargY Doc tdoc 10 A DEC-2-2223 TUE 03:32PM ID: P:11 ' DEC-3-2003 01:07P FROM: TO:3053776222 P:12'13 rcac 1'1 • • THE STATE OF FLORIDA COUNTY OF A'-! HEREBY CERTIFY that, on this day before me, an officer duly quaffed tr. take acknowledgements, personally appea c Mr ti4*-,. R i+44 L.-, as CEDARS OIL BLUE LAGON, LLC, a Florida_Limited Liability Company, for said corporation. HalStlq irpromcrialfglanowrand who �ldid not (strike one) take an oath, and who exdAuted the foregoing instrument acknowledged horfore me that he/she executed jit a sarne fry the purposes set forth therein. WITNESS my hand and see) ci the courr and state last aforesaid this _ day of c btir— 2003. (SEAL) This t M.xern Bauer, Espr Prepared gY; Jouncfarrier Cotes Ottoman Prr aA4* Cornparry P. O. box 1706 Mom, Georgie 30301 Sig n► ure df Notary Public Printed Nat to of Notary Public My Comm! on Expires: Rert hiPcneralni mszante;Pr peter dal2o c7se7- Cedars OD BIM Lat o&,. L L.0 Michael RarrirrighwarrtvrtY DoecLoac 11 DEC-cP-2003 TUE 03:32PM TO: PF:12 DEC-3-2003 01:07P FROM: • • • aown t f uo/n HT & SCHEDULE "A TO SPECIAL WARRANTY TOLEDO rE PRR%Y TO:3053776222 P:13113 PAGE 13 LASTKPAGE14 PG 107 Lots 1, 2 and 3, Block 1, Winter Subdivisbn, acca i g to the Plat thereof, r+�r'orrter! in Plat Book &5, Page 60 of the Public Records �� with the Miami -Dade County, Florida, reversionary title and interest ofe Grantors in and to the alley abutting the Soffit boundary lino of Iha subject Prvpo, iy. OI11r • Oadara c, at*:cmolar F3ar:rt11wxraa,yly 12 DEC-2-2003 TUE 0 3: 32PM ID: