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HomeMy WebLinkAboutApplication & Supp Docs• • BaRcow & RADELL ZONING, LAND USE AND ENVIRONMENTAL LAW Direct:3©5-377-6235 E-Mail: BFernandez@BRZoninglaw corn VIA HAND DELIVERY December 4, 2003 Ms. Teresita Fernandez RA AICP Executive Secretary Planning Sr Zoning Department Hearing Boards Division City of Miami Riverside Center 444 SW 211d 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 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, 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 Department's favorable review and recommendations. Should you require additional information, please do not hesitate to contact me. BF/bl Enclosures Ben Fernandez BERCOW & RADELL zoNSN©. vaNa use ANo Nvicxowan CNrnL �.nw • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT 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 5:00 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 Ben Fernandez, Esq. on b3ehalf of Cedars Oil Blue Lagoon, LLC , hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 5100 NW7th Street 2. Folio number: 01-4106-091-0010 3. Two (2) 11x17" original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 4 and 5). 5. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 6 and 7). 6. At least two photographs that show the entire property (land and improvements). 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 8. A clear and legible copy of the subject property's legal description on a separate sheet of paper. See attached Exhibit "A". 9. Present zoning designation(s): R-4 Multifamily High Density Residential Future zoning designation(s): C-1 Restricted Commercial 10. Statement explaining why present zoning designation is inappropriate. The existing zoning designation is inconsistent with the existing grandfathered use on the property. 11. Statement as to why proposed zoning designation is appropriate. The proposed zoning designation would make the existing grandfathered use on the property a conforming use. 12. 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. Rev. 09/29/03 2 • • 13. 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. 14. What is the acreage of the project/property site? Approximately 0.70 acres 15. What is the purpose of this application/nature of proposed use? To make the existing grandfathered service station a conforming use. 16. All documents, reports, studies, exhibits (8 % x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 17. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 18. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, 0, Gil, HP per square foot of net lot area Minimum C-1, C-2, 1, per square foot of net lot area Minimum CBD and all SD's, per square foot of net lot area Minimum $ .20 $ 750.00 $ .25 $ 900,00 $ .30 $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 Signature Name Ben Fernandez, Esq. Telephone 305-377-6235 STATE OF FLORIDA COUNTY OF MIAMI-DADE Address 200 S. Biscayne Blvd., # 850 Miami, FL 33131 Date December , 2003 The foregoing instrument was acknowledged before me this day of December 441 2003, by Ben Fernandez of Bercow & RadeII, 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. (Stamp) BETTY LLERENA MY COMM/8S10N # 3D 095997 EXP€RES: F bruary 27, 22006 1— 6 OTARY Notasy Server Bondirv, Inc. Rev. 09/29/03 3 • • 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, El 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 STATE OF FLORIDA COUNTY OF MIAMI-DADE Ap icant Signature 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) i' ra► 8Erry LLERENA MY COMMISSION # D) 095997 EXPIRES: February 27. 2006 7-800.3-N0TARY FL NC:ally Serrice R, handing. inc. Rev. 09/29/03 4 • • 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 Ni Ben Fernandez, Esq. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Legal Description Owner or Attorney fo Owner .1 ature 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) BETTY LLERENA Y COMMISSION # DD 095997 EXPIRES: February 27, 2006 1-8013-NOTA FL'Nctary hcrvice & Be x ng, Inc. Rev. 09/29/03 5 20' AILt Y • 4 L OCAT/ON MAP: NOT TO SGAt` T BOUNDARY SURVEY LOT 1, 2 AND 3, BLOCK 1 PLAT BOOK 85, PAGE 60 "WINTER SUBD/ V/S/ON" DADS COUNTY, FLORIDA. LEGAL DESCRIPTION.- L O rS 1, 2 AND .3, BLOCK 1, TER SUBDIVISION, ACCORDING TO THE PL4 r rHF_ RE OE, RECORDED 1N PLAT BOOK 8.5, PAGE 60 OF THE PUBLIC RECORDS OF MIAMI -LADE COUNTY FLORIDA, TOGETHER WITH 27-1 .REVERSIONARY T/TLE AND INTEREST OF FL GRANTORS IN AND TO THE ALLEY ABUTTING THE SOUTH BOUNDARY LINE OF THE SUBJECT PROPERTY SURVEYOR'S NOTES: t NO A 7T5MPT WAS MADE BY THIS FIRM TO LOCATE UNDERGROUND UT7L/TIE ON/CAR ADJACENT TO TH,'S SITE. , HE ARPRCX'41A TE L OCA T`ON OF ALL Li r/L I RES SHOWN HEREON WERE TAKEN FROM AS -BUILT IORAWJNG AND/OR ON- SITE LOCA7'a,V A 1D SHOULD BE VERIFIED BEFORE CONS TRUCT/ON 2. NO A ? TEMPT WAS MADE SY THIS S 1?41 TO _ OSA TE UNDERGROUND FOOT/NOS OF SU/L DING.S OR r,. NCES ON OR ADJACENT TO Th7S S/TE 3. LANDS SHOWN ,HEREON WEPE SURVEYED YE D Aj ACCORDANCE Wr T&-i ATTORNEYS TITLE !NSURAN E FUND, v'C , PREL /M/NAR 771Z c POL/CY 0 I —00— '0726' DATED MAY 0' 2000 AT 1': 0 P.M. 4. 'BEARINGS SHOWN HEREON REFER TO AN ASSUMED MERIDIAN OF S. .90.00'00"E ALONG IIF SOUTH RICH OF WAY LINE OF NW 7TH. STREET 5 LEGAL DESCRIPTION FURN,SED CLIENT )< k; k -1- "A" DEC-3-2003 01:04P FROM: • TO 3?76222 P:2/13 rf-rut t71 STATE OF FLORIDA COUNTY OF IiIAMI-DADS RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: Roger IL Pbrnorance, P.A. Surta 201E, East Building 190G N.W. O rporata Sallevard Raton, FL 73431 Attn: Rogow M. Porn +ransae, SPI?CliAL WARRANTY DEED 111111111111I11111111I11111i11111111II1111111 CF'hl 2003RO735077$ OR Ilk 21710 F'ss 1061 - 1Q72i EI2Pas RECCRUED 10/03r2003 1048:71' WED DOC TAX 512.1Q.00 SURTAX 3f937.50 HkRVEY RUVXNT CLERK OF our IIAM-€DAD£ Ctil7NTYI FLORIDA #47587 For value received, CHEVRON U.SA INC., a Penirsyhvania corporation, whose address is Windy Ridge Parkway, Suite 8 0, Atlanta, Georgia 30339, hereafter referrer to as "Grantor", grants to CEDARS OIL BLUE LAGOON, LLC., a Florida Lirrnied Liability Company, hereafter referrer) to es "Gram", al that real property Situ to in the City of Miami, County of MI' mi-Dade, State ar Florida, described as folly; SEE SCHEDULE "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (THE "PRO RTY°") This conveyance and any warranty contained' heroin are subject to (a) liens for property taxes and assessments that are r t due and payable, (b) all matters shown in the public records of Miami-Dede County, Florida, and (o) all matters that can be ascertained by a reasonable fAspection or survey of tie CAwirx ovastM kt ear ty Deed.doc -s"; DEC-2-2 03 TkE 13:2SPri ID: PAG:F - DEC-3--2003 01:05F FROM: • TO 53T75222 Property. This conveyance is made without any Oxpressed or implied warranty FA53 to the suitability of the Propeity for any GRANTOR HEREBY RESERVES TO ITSELF, ITS SUCCESSORS AND ASSIGNS, AND GRANTEE HEREBY GR4NTS TO GRANTOR, ITS SUCCESSORS AND ASSIGNS, THE EXCLUSIVE AND IRREVOCABLE RIGHT AND OPTION TO PURCHASE FROM GRANTtE, OR ANY SUBSEQUENT OWNER, OR LESSEE, ANY LEASEHOLD AND$OR FEE REAL PROPERTY MAKING UP THE PROPERTY, INCLUDING A ACQUIRED FEE REAL PROPERTY AND/OR LEASEHOLD RELATED 10 THE SERVICE STATION BUSINESS, TOGETHER WITH ALL BUILDINGS AND IMPROVEMENTS NOW OR HEREAFTER MADE APPURTENANT THER TO, INCLUDING, WITHOUT LIMITATION, ALL RIGHT, TTTLE AND INTERE FT OF GRANTEE, OR ANY SUBSEQUENT OWNER, IN AND TO ALL STR r,ETS, ROADS AND PUBLIC PLACES, OPENED OR PROPOSED, AND ALL E iSEMENTS AND RIGHT-OF- WAY(S), PUBLIC OR PRIVATE, NOW OF HEREAFTER USED IN CONNECTION WITH SAID PROPERTY, HEREINAFTER COLLECTIVELY THE "OPTION PROPERTY", IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS: 1. potion Event. if at any time duri the ten (10) year period folly th1e date of recordation of this Deed in the public records, the Option Property uses to be used as a service station oo !Ginuousty offering for sale ail grades of Chevron branded gasolines that are typi ally offered for sale at other Chevron branded motor fuel retail outlets in MiarnI:-Dade County, Florida, and surrounding counties, (the `Option Event"), then grantor, or Its nominee, shall have the right, but not the obligation, to purcha i the Option Property from Grantee or, if Grantee no longer owns the Option Property, from any subsequent owner of the Option Property ("Subsequent Ow er) under the terms and conditions hereof. PJ4mmtartt�xiPropertor or Rt.to 7 - Cedars Of lira Win, flleUctsarg RrimataijiWaltallty 2 DEC-R-2 3 TUE '03: 3PM ID: PA 3 DEC-3-2003 01: 5P FROM: • T11,53776222 - T---- P:4/13 2. Option POce. me option price shad be the fair market value of the Option Property as a service station determined 0 the time of the Option Event, as determined by an appraiser who is a mem{r of the Appraiser's Institute selected by Grantor and approved by Grantee ;7r Subsequent Owner, which approval shall not be unreasonably withheld, cortd*k neci or delayed, 3. ADDralsal. Upon occurrence of Option Event, Grantee ar- Subsequent Owner shall immediately notify Grantor in writing of such occurrence. Foliowrng the occurrence crf the Op Event, hut in no event more than ninety (0) days following Grantor's receipt 0 written notice of the Option Event, Grantor may notify Grantee or tho Sub equent Owner of Grantor's intent to have the Option Property appraised by a designated appraiser. Grantee or the Subsequent Owner shall approve or disappr;e of Grantor's designated appraiser within thirty (30) days after receiving noticp of Grantor's intent to obtain an appraisal, and shall cooperate with any such appraisal efforts. The failure of Grantee or- Subsequent Owner to approve or disaprave of an appraiser within such thirty (30) day period shalt be deemed to be approval of the appraiser. Grantor shall boar the coat of such appraisal and tall deliver to Grantee or the Subsequent Owner a copy of all reports resulting rn such appraisal. 4 Promrtv Asse ment, At any time: after the Option Event but before the expiration of the option hereunder, Grp for shall have the right to enter upon the Option Property for the purpose of raking an assessment of the condition of the Option Property and any einvironn,htal contamination that may tee irvAted on the Option Property; provided that arfr such assessment shall be made in a manner so as to minimize interference W#h normal operations Pe on A the Option Property. Grantor and Grantee shall indemnify, defend and hold harmless each other or the Subsequent Owner against any personal Injury or property damage directly caused by Grantor or its tibentractors or employees in making any such assessment, but not includinc indirect or consequential damages, nr►sU. AWJ p c;,ut- GECarE 01: COL* Q+rd.ebc i, •�• (Wive Aarrsrrtat�rarrsnry 3 DEC-2-e0I3 TLE C 3:30PM ID: PnGE:4 DEC-3-2@03 01:05P FROM: TO :3?76222 P : 5y 13 5. Exercise of _Option. Within fortyx rve (45) days after Grantor's receipt of the appraisal referred to in Section 3 6ove, Grantor may exercise its option hereunder to purchase the Option Prop rty at they appraised value by giving written notice to Grantee or the Subsequent Owner of Grantors Intent to exercise_ If Grantor exercises this option, Grarkee or the Subsequent Owner shall be obligated to sell the Option Property t ' Grantor arid Grantor snail be obligated to purchase the Option Property in aci 6rdance herewith. The closing of such sale shall eras soon after exercise as im reasonably practical. 43_ Conveyajics.If Grantor exercises this option, Grantee or the Subsequent Owner shall convey the Option Property to Grantor by means of a special warranty deed, free and clear of all liens, ncumbrances, claims or other exceptions to tine, except (i) those as to which Grantee took subject to upon acquiring the Option Property hereuncior (excludinb the option hereunder) and (li) any easements granted by Grantee or Subsequent Owner with Grantors prior written approval, which approval shall not unreasonably be withheld by Grantor. In the event of any suet conveyance back to Gr, r` r, the reservations of rights set forth in this Deed In favor of Grantor sh Nl be extinguished upon the recordation of the deed of conveyance to Grantor and the rivservation of rights $Ball thereafter be of no force and effect and thvut the requirement of the recordation of any further instruments to evidence .raid extinguishment_ 7. Indemnity Agreement. if Grantor exe;reises this option, Grantee or the Subsequent Owner shall, by written agreerrnt in a form satisfactory to Grantor, agree to protect, indemnify, defend and lipid harmless Grantor against all claims, expenses (Including reasonable atto€tieys' fees), loss and liability resulting from or relating to environmental contamination located OR or originating from operations at the Option Property that may Dour an or after the date of this Dcod en the same terms set forth in Paragraph 1 u of that certain Purchase and Sale Agreement between Grantor and Grantee date April 22, 2D03 applicable to o:tc awnn twr nylF 2OW a7ss7 • cedars 09 Bit* i s n. u (totitha61 r marriWarreirrt,r 174o9.11.6ac 4 DEC-2-2003 TUE 03:30'r1 ID: PAGE:5 DEC--3-2053 01:06P FROM: V41 GVVJ -V • .u.✓ TO53776222 P•5/13 Grantor's aihtigation to clean up and indamn r Grantee for environmental contamination located on or originating from op4t'ations at the Option Propertir prior to the date of this Deed. 8. .Ejlimtion.. This option shell expir+ if an Option Event has note occurred within ten (10) years following the de of this Deed without the requirement of the recordation of any further ii tntmenta to evidence such expiration. if Grantee or the Subsequent Owner gves?Grantar written notice of the occurrence of an Option Event (the `Option Event Aiotice"), then this option shall also expire if: (a) Grantor does not, within forty-five (45) d,' ys after roceIvirr the Option Event Notice, notifyGrantee or they, g ut)5equent Owner in writing of Grantor's desire to consider exert Og this option and to Nava the Option Property appraised for such SUrpase; or (b) Grantor does not. within tarty -five (45 days after Grantor receives an appraisal of the Option Pm erlr P y from an approved appraiser following Grantor's giving of the vtice referred to in section 3 above, notify Grantee or the Subsequent Owner in writing of Grantor's intent to exercise this option. Following any such expiration of this option fo,wing the occurrence of en ;. Option Event, Grantor shaft execute and deliver such itt.itrument or document as Grantee or the Subsequent der may raasonab4 request tend prepare to evidence such expiration. OZPICZNAVAAWItakPropertynnficta=347587 Cederis Oti thatiLagOop Deed_tinc u.c a tcham Reentrivartionsrity GEC-2-E003 TUE 03:31PM 10: PP6E:8 DEC-3-2033 01:06P FROM: T0053776222 P:7.13 9. Option Runs With j. anri, This optic shall run with tho land, is not personal to Grantee, and shall survive future I conveyances of the Option Proper, GRANTOR HEREBY FURTHER REI~RVES TO ITSELF, ITS SUCCESSORS AND ASSIGNS, AND GRANTEE HEREBY GRANTS TO GRANTOR, ITS SUCCESSORS AND ASSl`G S, THE EXCLUSIVE AND IRREVOCABLE RIGHT OF FIRST REFUSA . TO PURCHASE FROM GRANTEE. OR ANY SUBSEQUENT OWNER, my LEASEHOLD AND/OR FEE REAL PROPERTY MAKING UP THE PROF`ERTY, INCLUDING AI` r ER ACQUIRED FEE REAL PROPERTY AND/OR LEASEHOLDS RELATED TO THE SERVICE STATION BUSINESS, TOGETHER, WITH ALL BUILDINGS AND IMPROVEMENTS NOW OR HEREAFTER LOCATED ON THE PROPERTY, ALL PRIVILEGES AND OTHER RIGHTS NOW OR HEREAFTER MADE APPURTENANT THERETO. INCLUDING, WITHOT LIMITATION, ALL RIGHT, TITLE AND INTEREST OF BUYER, OR ANY SUBSEQUENT OWNER, IN AND TO ALL STREETS, ROADS AND PUBLIC PLACE, OPENED,OR PROPOSED, AND ALL EASEMENTS AND RIGHT($) -OF -WAY, PUBLIC OR PRIVATE, NOW OR HEREAFTER USED IN CONNECTION HEREINAFTER COLLECTIVELY THE "FIRST WITH SAID PROPERTY, tEFUSAL PROPERTY", IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS: 1, C ffar to 3a1I. if at any time within ten (1 U) years following the date of this Deed, Grantee desires to sell or otherwise tr' sfer all or part of its interest in the First Refusal Property and Grantee receives ,: bona fide otter for the same which Grantee wishes to accept, or Grantee has Tirade a bona fide offer to sell which a third party acting in good faith is willing to accept, Grantee shall immediately notify Grantor in writing of the terms' ,thereof and provide Grantor wtth a complete copy of the executed written agreement or other documents embodying such offer rich contain all of the term sand conditions between the parties, with no material ferns yet to be negotiates 'u together with copies of all C%10io ,a'wv aPropertylFo s:mcww cgdariO Dim a !in, Lt.C: RanyrratyViepranty Deed.doa 6 DEC-2-2003 TUE i3:3iP1i ID: DEC-3-2003 61:06P FROM: S11 k1!�J3 1J:LJ TO 53776222 P:8/13 1..�......0 information regarding the First Refusal Pro Grantee. y supplied to the offeror by 2. Exercise of flight. Grantor, or its nominee, shalt have the right to acquire such interest of Grantee at the price an on The terms of such offer if Grantor, within forty-fnfa (45) days after Grantor' receipt of such written nc4ioe from Grantee of any such offer, notifies Grantee writing of Grantor's exercise J� of such option. If Grantor exercises such right, the transaction shaft be consummated within thirty (30) days after deiive to Grantee of Grantor's notice of cxerciae or at'such later date as may be s 'rifled in the offer and Grantee shall, prior to such date and at Grantee's expere, do all things necessary or desirable In order to give Grantor title to the Interl being acquired free from the claims of Grantee's creditors. In the event of a cy nFlIct between the term and conditions of any such offer made or received by Grantee as to the sale and purchase of the First Refusal Property and the to a and conditions of the right of first refusal reserved to Grantor in this Deed, tale terms and conditions of the right of first refusal reserved to Grantor in this D shall control. 3. property As.21rojA. At any tirn during such 45-day period Grantor shall have the right to enter upon the Bret Refusal Property for the purpose of making an assessment of the pond i on of the Proparty and any environm ntai contamination that may be located on tho Property; provided that any such asaessmen t shall ba pada in a manner so as 10 minimize inte►rferonee with normal operations!on the premises. Grantor dratl indemnify, defend and hold harmless Grantee against any personal injury or property damage directly caused by Grantor or Its contractors or employees in making arty such assessment, in not including indirect or C011120q damages. 4. GvmvtetIon of Sale. If Grantor does not exercise such right, Grantee may, at any time within twelve (12) rnonritils after the expiration df such mc? wv pcomty - OedIrrls Oil 81ue kr on, LLC INSchael Rammalywarrons, oc5ed.doc 7 ,I. DEC-2-2203 TIDE 03:31PM ID: PA(aC : F -3--2003 a1:86P FROM: TO:43776222 P:9/13 heshall urrtit accaroance reWitft.tr„a `` rtirits Grantee to ex tntero Art offer by 2 third wiled Or to be acquit b �'r anyr'nta' arty-fiva period, � ) day od, but no i interest, but only to the upon the tennis of the der mLIn r cvrftkn� r to apply maY ange any inter of Grantee for otft, tharket Vane of the n offer to purchase property offered in exchange_ pr..ge equal to tt�e fair e�cici7an�_ � b. R. • f Fist with Land. run with the land, is not "ills right of first refv�01 ehali persona! ona! to Grantee, and shaltsurvive future conveyanwg of the First Refusal Property, shall be dawned to constitute Run • of Grantee or an offer by r property of a third person NOTICES: All written nottces to be 1',. given hereu$ err Mall be posted by certified mail, delivered peRivnal or detwerad b h` ) a recognized overnight commercial courier, to Grantee or the Subsequent Ov rer at the Property or to Grantor at the following address (or at such other iaddreas as Brierrtor may designate by written rrotire to Grantee or the Subsegue Owner: GRANTOR: Chevron U,S.A. lric. P. O. Box 1706 Atlanta. GA 30301 AM; Mail Team Leader GRAE: Cedars tail Blue Lagoon, LLG 5100 NIVit 7' Street 'Miami, I, 33126 Attn. Abc)Ia. Kalil r; TG HAvE AND TO HOA the Preperty, tog er. i all and singular the rights and appurterOloes thoreento i, anywise bete irk, unto Grantee, Its s.,tcc8SSOM and assigns, forever IN FEE SIMPIYI ,; SUBJECT TO THE REsi 701 HAY st4POsED, wig is hereby deCiarwl to earn perpetually yel'rtveproperty and diet atOltee COnSertE and covenants to observe and lea, rore` f 014 te Pl y mg be used as e site lbr rOdential, educational or _colors oi4 ow • a D C-2-2003 TUE 03:3:Fr1 ID: PAGE : 9 DEC-3-28e3 01:07P FROM: • TD:4113776222 P:1D/13 hospitai pulp , and no potable wefts may be gnstalled andlor utilized on the Property. AND THE SAID Grantor does hereby bind aJ,310, its successor: and assigns. to warrant and forever defend, all and singular, tttie Property unto Grantee, its suers and assigns, against every person whgrnsoever lawfully claiming or to claim the same or any part thereof, by, throu i, or under Grantor, but not otherwise, subject however, to the matters set forth herein. By Grantee's acceptance of this Deed, Granite accepts and agrees to all of the matters .set forth in this Deed,. IN WtiN1Ss WHEREOF, the parties have t moused the execution of this instrument on E.1)1"6"01c l , 204 lature of Witness �! G `intd M 4, L{c.►F Nacre of Wens Signature 43f Witness ff �r Printed Name of Wrtness 1 R ` li yRON L,ISA RNLI., a yhrarlial corporatkrn Name; Kristen F. Clever Geed �a 9 �11 iF%#4i; 7 - Cedsts CJi@ ate L �itlryari C 0C 0.41-cfrb}i Raft rn k a! rtv. OCC-2--20U3 TUE 03:32PM ID! Pf�a=: 70 T0453776222 • DEC-3-2003 01:07P FROM: P:11/13 r-at. 14. THE STATE OF GEORGIA COUNTY OF COBB I HEREBY CERTIFY that, on this day befog me, an officer duly qualified to take acknowledgements, personally appeared sten F. Mawr, as Assistant Secretary, of CHEVRON U.S.A. Peripsylvania corporation, who i5 personally known to me and who Zlicifdid not (stre one) take an oath, and wh6 executed tile foregoing instrument and acknowladgrod before me that he executed the same for the putposes set forth thoroin. WITNESS my hand and aeaI In the cour1y and tate last aforesaid this //05_ day of -444e- , 2003, • fZ, 1-01kto Printed Nam. of Witness SiQrtur of Witness P fife-4 Nitme of Witness Sgnati of N ry Public Printed Name of Notary Public Natri R11411;`, Cheratnie Qounty, Giamin My Commission -xpires: cow...um Arne fl,2005, aRIVITEE: CEOACIS OIL BLUE LAGOON, 1.14.!, a Florida Limited Liability Co iriipany Na • AA.,:i2,4 CPCF1.)3%1AWAstarrta‘Praperty\%rithil200.11\1"0#47587 Celan' ON BIN LASOn, LLC Michotpl Rtanien*Warrarrty 000d.doc 1 0 DEC-2-2003 TUE 03:32PM ID: PAGE:11 DEC--3- 2003 01: 07P FROM: • Td : 3775222 P:12/13 resat :12 THE STATE OF FLORIDA COUNTY ©FA I HEREBY CERTIFY that, on this day before me, an officer duly qualified to take acknowledgements, personally appears) Mr ci* ,4.14- Le, as o.ait.loatkof CEDARS OIL BLUE LA • 0N, LLC, a Flarld Limiter; liability Company, for said corporation. Nli ' and who nddid not (strike one) e) take an oath, and who executed the foregoing instrument acknowledged before ma that hclshe executed the saner forth therein. for the purposes set WITNESSmy hind and seal in the count, and state last aforesaid this 1 day of _ID c %ter- 2003. (SEAL) Pq.1 Lit This instrument Finipsrad James M. 94l4r, Esq. Senior rou rr,.l Chvrvn Products Company �. O. BOX 17us Atlanta, Georgltr 30301 Sig ure .. Notary Public Printed Natrie of Nrtry Public My Comm! son Expires: It EOM MPower" fix+ IMM ‘02. 12, zoos OACPDalsLAW5Asiarntl1ProperliNF7ctici {037C447587 - Cedars t3i) 3ItN Ls ; LL.0 (Michael Ranirmal 1W1'c1J rarity Deedooc I 1 DEC-P-2003 TUE 03:32PM Er): PRGE:12 DEC-3-2003 01:07P FROM: 3:J.4:J 0033 r HART & j nLEDo 111053776222 P:13/13 PAGE 13 SCHEDULE " '4 TO SPECIAL WARRANTY PEED THE PROPERTY ' LAST PAGE OR !K 21710 PG 1072 it Lets 1, 2 and 3, Block 1, Winter Subdivision, ecco lOg to the Plat thereof, recorded in Plat Book 85, Page 60 of the Public Recces Miarni-Dade County, Florida, together with the reversionary title and interest of t o Grantors in and to the alley abutting the South boundary in of tha subject prop ty. Ned.doc rt?'trkoc1 kFC#r€7487 Ce 04ft Blue L l l LC (► ag n 13+1Narvariiy 12 DEC-2-2003 TLJE 03:3 PM ID: Pr' GE: 13